| Section 1. That sections 1547.11, 1547.111, 1547.99, 1905.01, | 19 |
| 1905.201, 2743.51, 2919.22, 2937.46, 2951.02, 3701.143, 4506.17, | 20 |
| 4510.01, 4510.032, 4510.036, 4510.17, 4510.54, 4511.181, 4511.19, | 21 |
| 4511.191, 4511.192, and 4511.194 of the Revised Code be amended to | 22 |
| read as follows: | 23 |
| (D)(1) In any criminal prosecution
or juvenile court | 144 |
|
proceeding for a violation of
division (A) or (B) of this
section | 145 |
|
or
for an equivalent
violation, the court may admit evidence on | 146 |
|
the concentration of
alcohol,
drugs of abuse, controlled | 147 |
| substances, metabolites of a controlled substance,
or a | 148 |
|
combination of
them in the
defendant's
or child's whole blood, | 149 |
|
blood serum or
plasma, urine,
or
breath at the time of the alleged | 150 |
| violation as
shown by
chemical
analysis of the
substance | 151 |
withdrawn, or
specimen taken
within
twothree hours of the
time of | 152 |
| the alleged
violation. The three-hour time limit specified in this | 153 |
| division regarding the admission of evidence does not extend or | 154 |
| affect the two-hour time limit specified in division (C) of | 155 |
| section 1547.111 of the Revised Code as the maximum period of time | 156 |
| during which a person may consent to a chemical test or tests as | 157 |
| described in that section. | 158 |
| When a person submits to a blood test, only a physician,
a | 159 |
|
registered nurse, or
a qualified technician,
chemist,
or | 160 |
|
phlebotomist shall
withdraw blood for the purpose of determining
| 161 |
|
the alcohol, drug, controlled substance, metabolite of a | 162 |
controlled substance,
or alcohol and drugcombination
content
of | 163 |
|
the whole
blood,
blood serum, or blood plasma. This
limitation | 164 |
|
does not
apply to
the taking
of breath or urine specimens. A
| 165 |
|
person
authorized to
withdraw blood
under this division may refuse | 166 |
|
to
withdraw blood
under
this division
if, in
that person's | 167 |
|
opinion, the
physical
welfare of the
defendant or
child would be | 168 |
|
endangered by
withdrawing
blood. | 169 |
| (2)
In a criminal prosecution or juvenile court
proceeding | 175 |
|
for a violation of division (A) of this section or for
a
violation | 176 |
|
of a prohibition that is substantially equivalent to
division
(A) | 177 |
|
of this section, if there was at the time the
bodily substance was | 178 |
|
taken a
concentration of
less than
the
applicable concentration
of | 179 |
|
alcohol specified
for a
violation of
division (A)(2), (3), (4),
or | 180 |
|
(5) of this
section or less than the applicable concentration of a | 181 |
| listed controlled substance or a listed metabolite of a controlled | 182 |
| substance specified for a violation of division (A)(6) of this | 183 |
| section,
that fact may
be considered with other
competent evidence | 184 |
|
in
determining the
guilt or innocence of the
defendant
or in | 185 |
| making
an
adjudication
for the child.
This
division
does not limit | 186 |
| or
affect a
criminal
prosecution or
juvenile court
proceeding for | 187 |
| a
violation of
division
(B) of this
section or for
a violation of | 188 |
| a
prohibition
that is
substantially
equivalent to
that division. | 189 |
| The person tested may have a physician,
a registered nurse, | 194 |
|
or
a qualified technician, chemist,
or
phlebotomist of the | 195 |
|
person's own
choosing administer
a chemical test or tests in | 196 |
|
addition to any administered at the
direction of a law enforcement | 197 |
|
officer, and shall be so advised.
The failure or inability to | 198 |
|
obtain an additional test by a person
shall not preclude the | 199 |
|
admission of evidence relating to the test
or tests taken at the | 200 |
|
direction of a law enforcement officer. | 201 |
| (E)(1) In any criminal prosecution or juvenile court | 202 |
|
proceeding for a violation of division (A) or (B) of this section | 203 |
|
or for an equivalent violation, if a law enforcement officer has | 204 |
|
administered a field
sobriety test to the operator or person found | 205 |
|
to be in physical
control of the vessel underway involved in the | 206 |
|
violation or the
person manipulating the water skis, aquaplane, or | 207 |
|
similar device
involved in the violation and if it is shown by | 208 |
|
clear and convincing evidence that the officer
administered the | 209 |
|
test
in substantial compliance with the testing
standards for | 210 |
|
reliable, credible, and generally accepted field
sobriety tests | 211 |
|
for vehicles that were in effect at the time the
tests were | 212 |
|
administered, including, but not limited to, any
testing standards | 213 |
|
then in effect that have been set by the
national
highway traffic | 214 |
|
safety administration, that by their
nature are not
clearly | 215 |
|
inapplicable regarding the operation or
physical control
of | 216 |
|
vessels underway or the manipulation of water
skis, aquaplanes,
or | 217 |
|
similar devices, all of the following apply: | 218 |
| (F)(1)
Subject to division
(F)(3) of this section, in
any | 237 |
|
criminal prosecution or juvenile court proceeding for a violation | 238 |
|
of this
section or for an equivalent violation, the court shall | 239 |
|
admit as prima-facie
evidence a laboratory report from any | 240 |
|
forensic laboratory
certified by the department of health that | 241 |
|
contains an analysis of
the whole blood, blood serum or plasma, | 242 |
|
breath, urine, or other
bodily substance tested and that contains | 243 |
|
all of the information
specified in this division. The laboratory | 244 |
|
report shall contain
all of the following: | 245 |
| (2) Notwithstanding any other provision of law regarding the | 263 |
|
admission of
evidence, a report of
the type described in division | 264 |
|
(F)(1) of this section is not
admissible against the
defendant
or | 265 |
|
child to whom it pertains in any proceeding, other than a | 266 |
|
preliminary
hearing or a grand jury proceeding, unless the | 267 |
|
prosecutor has served a copy of the report on the
defendant's or | 268 |
|
child's attorney or, if the defendant or child has no attorney,
on | 269 |
|
the defendant or child. | 270 |
| (3) A report of the type described in division
(F)(1) of
this | 271 |
|
section shall not be prima-facie evidence of the contents, | 272 |
|
identity, or amount of any substance if, within seven days after | 273 |
|
the defendant or child to whom the report pertains or the | 274 |
|
defendant's
or child's attorney receives a copy of the report, the | 275 |
|
defendant or child or
the defendant's or child's attorney demands | 276 |
|
the testimony of the person who
signed the report. The judge in | 277 |
|
the case may extend the seven-day
time limit in the interest of | 278 |
|
justice. | 279 |
| (G) Except as otherwise provided in this division, any | 280 |
|
physician, registered nurse, or qualified technician,
chemist,
or | 281 |
|
phlebotomist who withdraws blood from a person
pursuant to this | 282 |
|
section, and a hospital, first-aid station, or clinic at which | 283 |
|
blood is withdrawn from a person pursuant to this section, is | 284 |
|
immune from criminal
and
civil liability
based upon a claim of | 285 |
|
assault and battery or
any
other
claim that is not
a claim of | 286 |
|
malpractice, for
any
act performed in withdrawing blood from the | 287 |
|
person.
The immunity
provided in this division is not available to | 288 |
|
a person who
withdraws blood if the person engages in willful or | 289 |
|
wanton
misconduct. | 290 |
| (H) Division (A)(6) of this section does not apply to a | 291 |
| person who operates or is in physical control of a vessel underway | 292 |
| or manipulates any water skis, aquaplane, or similar device while | 293 |
| the person has a concentration of a listed controlled substance or | 294 |
| a listed metabolite of a controlled substance in the person's | 295 |
| whole blood, blood serum or plasma, or urine that equals or | 296 |
| exceeds the amount specified in that division, if both of the | 297 |
| following apply: | 298 |
| Sec. 1547.111. (A)(1) Any person who operates
or is in | 323 |
|
physical
control of a vessel or
manipulates any water skis, | 324 |
|
aquaplane, or
similar device upon any waters
in this state shall | 325 |
|
be deemed to
have given consent to a chemical
test or tests
to | 326 |
|
determine the
alcohol, drug of abuse,
controlled substance, | 327 |
metabolite of a controlled substance, or alcohol and drug of
abuse | 328 |
| combination content
of
the person's whole blood, blood serum or | 329 |
| plasma,
breath, or
urine
if arrested
for
operating
or being
in | 330 |
| physical
control of a vessel or
manipulating any water
skis, | 331 |
|
aquaplane, or
similar device in violation of section 1547.11
of | 332 |
|
the Revised Code
or a substantially equivalent municipal | 333 |
|
ordinance. | 334 |
| (2)
The test or tests
under division (A) of this
section | 335 |
|
shall be
administered at the
direction of a law enforcement | 336 |
|
officer having reasonable grounds
to believe the person
was | 337 |
|
operating
or in
physical control of a vessel or
manipulating
any | 338 |
|
water skis, aquaplane, or similar device in
violation of
section | 339 |
|
1547.11 of the Revised Code
or a
substantially equivalent | 340 |
|
municipal
ordinance. The law enforcement
agency
by which the | 341 |
|
officer is employed shall designate which
test
or tests shall be | 342 |
|
administered. | 343 |
| (C) Any person under arrest for
violating section 1547.11
of | 349 |
| the Revised Code
or a
substantially equivalent municipal
ordinance | 350 |
| shall be advised
of
the consequences of refusing to
submit to a | 351 |
|
chemical test
or tests
designated
as provided in
division
(A) of | 352 |
| this section. The advice shall be in a written
form
prescribed by | 353 |
| the chief of the division of watercraft and
shall
be
read to the | 354 |
| person. The form shall contain a statement
that
the
form was shown | 355 |
| to the person under arrest and read to the
person
by the arresting | 356 |
| officer. The
reading of the form shall
be witnessed by one or
more | 357 |
|
persons, and the witnesses shall
certify to this fact by
signing | 358 |
|
the form. The person must submit to the chemical test or tests, | 359 |
| subsequent to the request of the arresting officer, within two | 360 |
| hours of the time of the alleged violation, and if the person does | 361 |
| not submit to the test or tests within that two-hour time limit, | 362 |
| the failure to submit automatically constitutes a refusal to | 363 |
| submit to the test or tests. | 364 |
| (D) If a
law enforcement officer asks a person under arrest | 365 |
|
for
violating section
1547.11 of the Revised Code
or a | 366 |
|
substantially equivalent municipal
ordinance to submit to a | 367 |
|
chemical test
or tests as
provided in
division
(A) of this | 368 |
|
section,
if the arresting
officer
advises
the person of the | 369 |
|
consequences of
the
person's refusal as
provided in division (C) | 370 |
|
of
this section,
and if the person
refuses to submit, no chemical | 371 |
|
test
shall be
given.
Upon receipt of
a sworn statement of
the
| 372 |
|
officer that the
arresting law enforcement officer had
reasonable | 373 |
|
grounds to believe the arrested person
violated section 1547.11
of | 374 |
| the Revised Code or
a substantially
equivalent municipal
ordinance | 375 |
| and that the person
refused to
submit to the chemical
test upon | 376 |
|
the
request of the
officer, and upon receipt of the
form as | 377 |
| provided in
division (C) of this section certifying that
the | 378 |
| arrested person
was advised of the consequences of the
refusal, | 379 |
|
the chief of the
division of watercraft shall inform the
person by | 380 |
| written notice
that the
person is prohibited from
operating
or | 381 |
| being in physical
control of a
vessel,
from
manipulating
any
water | 382 |
| skis,
aquaplane, or
similar device, and
from
registering
any | 383 |
| watercraft
in accordance with section 1547.54
of
the Revised
Code, | 384 |
| for one
year following the date of the
alleged
violation.
The | 385 |
| suspension of these
operation,
physical
control,
manipulation, and | 386 |
|
registration privileges
shall
continue
for
the entire
one-year | 387 |
|
period, subject to review as
provided in
this
section. | 388 |
| If the person under arrest is the owner of the vessel | 389 |
|
involved in the alleged violation, the
law enforcement officer who | 390 |
|
arrested the person shall
seize the watercraft registration | 391 |
|
certificate and tags from the
vessel involved in the violation and | 392 |
|
forward them to the chief. The chief shall retain the
impounded | 393 |
|
registration certificate and tags and shall impound
all other | 394 |
|
registration
certificates and tags issued to the person in | 395 |
|
accordance with sections 1547.54 and 1547.57 of the Revised Code, | 396 |
|
for a period of one year following the date of the alleged | 397 |
|
violation,
subject to review as provided in this section. | 398 |
| If the arrested person fails to surrender the
registration | 399 |
|
certificate because it is not on the person of the
arrested person | 400 |
|
or in the watercraft, the law enforcement
officer who made the | 401 |
|
arrest shall order the person to
surrender it within twenty-four | 402 |
|
hours to the law enforcement officer or the
law enforcement agency | 403 |
|
that employs the law enforcement officer.
If the person fails to | 404 |
|
do so, the law
enforcement officer shall notify the chief of that | 405 |
|
fact in the
statement the officer submits to the chief under this | 406 |
|
division. | 407 |
| (E) Upon suspending a person's operation,
physical control,
| 408 |
|
manipulation,
and
registration privileges in accordance with | 409 |
|
division (D)
of this
section, the chief shall notify the
person in | 410 |
|
writing, at
the person's last known address, and
inform the person | 411 |
|
that the
person may
petition for a hearing in accordance with | 412 |
|
division (F)
of this section. If a
person whose operation, | 413 |
|
physical control,
manipulation,
and registration
privileges
have | 414 |
| been suspended
petitions for
a hearing or appeals any
adverse | 415 |
|
decision, the suspension
shall
begin at the
termination
of any | 416 |
|
hearing or appeal unless the
hearing or appeal
results in a | 417 |
|
decision
favorable to the person. | 418 |
| (F) Any person who has been notified by the chief that the | 419 |
|
person is prohibited from
operating
or being in physical control | 420 |
|
of a vessel or
manipulating any
water skis, aquaplane, or
similar | 421 |
|
device
and
from registering any watercraft in accordance
with | 422 |
| section
1547.54 of the Revised Code, or who has had the | 423 |
|
registration
certificate and tags of the person's watercraft | 424 |
|
impounded
pursuant
to
division (D) of this section, within twenty | 425 |
|
days of the
notification or impoundment, may file a petition in | 426 |
|
the municipal
court or the county court, or if the person is a | 427 |
|
minor
in juvenile
court,
with jurisdiction
over the place
at
which | 428 |
| the
arrest
occurred,
agreeing to pay the cost of the
proceedings | 429 |
| and
alleging
error in
the action taken by the chief
under
division | 430 |
| (D)
of this
section or alleging one or more of the
matters within | 431 |
| the
scope of
the hearing as provided in this
section, or both. The | 432 |
|
petitioner
shall notify the chief of the
filing of the
petition | 433 |
|
and send
the
chief a copy of the petition. | 434 |
| The scope of the hearing is limited to the issues of
whether | 435 |
|
the law enforcement officer had reasonable grounds to
believe the | 436 |
|
petitioner was operating
or in physical control of a vessel
or
| 437 |
|
manipulating any water
skis, aquaplane, or similar device
in | 438 |
|
violation of
section 1547.11
of the Revised Code or a | 439 |
|
substantially equivalent municipal
ordinance,
whether the | 440 |
|
petitioner was placed under arrest, whether
the petitioner
refused | 441 |
|
to submit to the chemical test upon request
of the
officer, and | 442 |
|
whether the petitioner was advised of the
consequences of the | 443 |
|
petitioner's refusal. | 444 |
| In the proceedings, the chief shall be represented by
the | 455 |
|
prosecuting attorney of the county in which the petition is
filed | 456 |
|
if the petition is filed in a county court or juvenile
court, | 457 |
|
except that if the arrest occurred within a city or
village within | 458 |
|
the jurisdiction of the county court in which the
petition is | 459 |
|
filed, the city director of law or village solicitor
of that city | 460 |
|
or village shall represent the chief. If the
petition is filed in | 461 |
|
the municipal court, the chief shall be
represented as provided in | 462 |
|
section 1901.34 of the
Revised
Code. | 463 |
| (3) If the court finds from the evidence submitted that
the | 464 |
|
person has failed to show error in the action taken by the
chief | 465 |
|
under division (D) of this
section or in one or more of the | 466 |
|
matters within the scope of the
hearing as provided in division | 467 |
|
(F) of this section, or both,
the court shall assess the cost of | 468 |
|
the proceeding against
the person and shall uphold the suspension | 469 |
|
of the operation,
physical
control, use, and registration | 470 |
|
privileges provided in division (D)
of this
section. If the court | 471 |
|
finds that the person has shown error in
the action taken by the | 472 |
|
chief under
division (D) of this section or in one or more of the | 473 |
|
matters
within the scope of the hearing as provided in division | 474 |
|
(F) of
this section, or both, the cost of the proceedings shall be | 475 |
|
paid
out of the county treasury of the county in which the | 476 |
|
proceedings
were held,
the chief shall reinstate the operation, | 477 |
|
physical
control,
manipulation,
and registration privileges of
the | 478 |
|
person
without charge, and
the chief shall
return the
registration | 479 |
|
certificate and tags, if impounded,
without charge. | 480 |
| (H) At the end of any period of suspension or impoundment | 483 |
|
imposed under this section, and upon request of the person whose | 484 |
|
operation,
physical control, use,
and registration privileges
were | 485 |
|
suspended or
whose registration certificate and tags were | 486 |
|
impounded, the chief
shall reinstate the person's
operation, | 487 |
|
physical control,
manipulation, and registration privileges by | 488 |
|
written
notice and
return the certificate and tags. | 489 |
| (I) No person who has received written notice from the
chief | 490 |
|
that the person is
prohibited from operating
or being in physical | 491 |
|
control of a vessel,
from
manipulating any water skis,
aquaplane, | 492 |
| or
similar
device, and from registering a watercraft,
or who has | 493 |
| had
the
registration certificate and tags of the
person's | 494 |
| watercraft
impounded, in
accordance with division (D) of
this | 495 |
| section, shall
operate
or be in
physical control of a vessel
or
| 496 |
|
manipulate any water
skis, aquaplane, or
similar device for
a | 497 |
| period of one year
following the date of the person's
alleged | 498 |
|
violation of section
1547.11 of the Revised Code
or the | 499 |
|
substantially equivalent
municipal ordinance. | 500 |
| (F) Whoever violates division (M) of section 1547.54, | 515 |
|
division (G) of section 1547.30, or section 1547.131, 1547.25, | 516 |
|
1547.33, 1547.38, 1547.39, 1547.40,
1547.65, 1547.69, or 1547.92 | 517 |
|
of the
Revised Code or a rule adopted under division (A)(2) of | 518 |
|
section
1547.52 of the Revised Code is guilty of a misdemeanor of | 519 |
|
the
fourth degree. | 520 |
| The court may suspend the execution of the mandatory
jail | 530 |
|
term of three
consecutive days
that it is required
to impose by | 531 |
|
division (G)(1) of this section if the court, in
lieu
of the | 532 |
|
suspended
jail term, places the offender
under a community control | 533 |
| sanction pursuant to section
2929.25 of the Revised Code
and | 534 |
| requires the
offender to attend,
for three consecutive days, a | 535 |
|
drivers'
intervention program that
is certified pursuant to | 536 |
|
section
3793.10 of the Revised Code. The
court also may suspend | 537 |
|
the
execution of any part of the mandatory
jail term of three | 538 |
| consecutive days
that it is
required to impose by division
(G)(1) | 539 |
|
of this section if
the court
places the offender
under a community | 540 |
| control
sanction pursuant to section 2929.25 of the Revised Code | 541 |
| for
part
of the three
consecutive days; requires the offender to | 542 |
|
attend,
for that part
of the three consecutive days, a drivers' | 543 |
|
intervention program
that is certified pursuant to section 3793.10 | 544 |
|
of the Revised
Code; and sentences the offender to a
jail term
| 545 |
| equal
to the remainder of the three consecutive days
that the | 546 |
| offender
does not spend attending the drivers'
intervention | 547 |
| program. The
court may require the offender, as a
condition of
| 548 |
|
community control, to
attend and
satisfactorily complete any | 549 |
|
treatment or education
programs, in
addition to the required | 550 |
|
attendance at a drivers'
intervention
program, that the operators | 551 |
|
of the drivers'
intervention program
determine that the offender | 552 |
|
should attend
and to report
periodically to the court on the | 553 |
|
offender's progress
in the
programs. The court also may impose
any | 554 |
| other conditions of
community control on the offender that it | 555 |
|
considers
necessary. | 556 |
| (2) If, within
six years of the offense, the offender
has | 557 |
|
been convicted of or pleaded guilty to one violation of
section | 558 |
|
1547.11 of the Revised Code, of a municipal ordinance
relating to | 559 |
|
operating a watercraft or manipulating any water skis,
aquaplane, | 560 |
|
or similar device while under the influence of alcohol,
a drug of | 561 |
|
abuse, or
a combination of
them, of a municipal ordinance
relating | 562 |
| to operating a watercraft
or manipulating any water
skis, | 563 |
|
aquaplane, or similar device with
a prohibited
concentration of | 564 |
|
alcohol, a controlled substance, or a metabolite of a controlled | 565 |
| substance in the
whole blood,
blood
serum or plasma, breath, or | 566 |
|
urine, of division
(A)(1) of
section
2903.06 of the Revised Code, | 567 |
|
or of division
(A)(2), (3),
or (4) of
section 2903.06 of the | 568 |
|
Revised Code
or
section
2903.06 or
2903.07 of the Revised Code
as | 569 |
|
they existed prior to March 23,
2000, in a case in which
the jury | 570 |
|
or judge found that the offender
was under the influence
of | 571 |
|
alcohol, a drug of abuse, or
a combination of them, the
court | 572 |
|
shall
sentence the offender to a
jail term
of
ten
consecutive
days | 573 |
| and may sentence the offender pursuant to
section
2929.24 of
the | 574 |
| Revised Code to a longer
jail term. In
addition,
the court shall | 575 |
| impose upon the
offender a fine of not
less than
one hundred fifty | 576 |
| nor more than
one thousand dollars. | 577 |
| (3) If, within
six years of the offense, the offender
has | 582 |
|
been convicted of or pleaded guilty to more than one violation | 583 |
|
identified in
division (G)(2) of this section,
the court shall | 584 |
|
sentence the offender to a
jail term
of thirty
consecutive days | 585 |
| and may sentence the
offender to a longer
jail
term
of not more | 586 |
| than one
year. In addition, the
court
shall impose upon the | 587 |
| offender a
fine of not less than one
hundred
fifty nor more than | 588 |
| one
thousand dollars. | 589 |
| (4) Upon a showing that
serving a jail term
would seriously | 594 |
|
affect
the ability of an offender sentenced
pursuant to division | 595 |
|
(G)(1),
(2), or (3) of this section to
continue the offender's | 596 |
|
employment,
the court may authorize that
the offender be granted | 597 |
| work release
after the
offender has served the
mandatory jail term | 598 |
| of three, ten,
or
thirty consecutive days
that the court is | 599 |
|
required
by division (G)(1), (2), or (3) of this section to | 600 |
|
impose. No
court shall authorize work release
during the
mandatory | 601 |
| jail term of
three, ten, or thirty consecutive days
that the
court | 602 |
| is required by division (G)(1), (2),
or (3) of
this section
to | 603 |
| impose. The duration of the work
release shall
not exceed the
time | 604 |
| necessary each day for the
offender to
commute to and from
the | 605 |
| place of employment and the
place
in which the jail term is served | 606 |
| and the
time
actually spent under employment. | 607 |
| (5) Notwithstanding any section of the Revised Code that | 608 |
|
authorizes the suspension of the imposition or execution of a | 609 |
|
sentence or the placement of an offender in any treatment program | 610 |
|
in lieu of
being imprisoned or serving a jail term,
no court shall | 611 |
| suspend the
mandatory jail term of ten or thirty
consecutive days
| 612 |
| required to be imposed by
division (G)(2) or (3) of this section | 613 |
| or place an offender who
is
sentenced pursuant to division (G)(2) | 614 |
| or (3) of this section
in
any treatment program in lieu of
being | 615 |
| imprisoned or
serving a jail term until after the
offender has | 616 |
| served the
mandatory jail term of ten or thirty consecutive days
| 617 |
| required to be imposed pursuant to division (G)(2)
or
(3) of this | 618 |
| section. Notwithstanding any section of the
Revised
Code that | 619 |
| authorizes the suspension of the imposition or
execution
of a | 620 |
| sentence or the placement of an offender in any
treatment
program | 621 |
| in lieu of
being imprisoned or serving a jail
term, no court, | 622 |
| except as
specifically
authorized by division
(G)(1) of this | 623 |
| section, shall
suspend the
mandatory jail term of
three | 624 |
| consecutive days
required to be
imposed by
division (G)(1) of this | 625 |
| section or place an offender
who is
sentenced pursuant to division | 626 |
| (G)(1) of this section in
any
treatment program in lieu of | 627 |
| imprisonment until after the
offender
has served the
mandatory | 628 |
| jail term of three consecutive days
required to
be imposed | 629 |
| pursuant to division (G)(1) of
this
section. | 630 |
| (H) Whoever violates section 1547.304 of the Revised Code
is | 634 |
|
guilty of a misdemeanor of the fourth degree and also shall be | 635 |
|
assessed any costs incurred by the state or a county, township, | 636 |
|
municipal corporation, or other political subdivision in
disposing | 637 |
|
of an abandoned junk vessel or outboard motor, less any
money | 638 |
|
accruing to the state, county, township, municipal
corporation, or | 639 |
|
other political subdivision from that
disposal. | 640 |
| (L) The sentencing court, in addition to the penalty
provided | 653 |
|
under this section for a violation of this chapter or a
rule | 654 |
| adopted under it
that involves a powercraft powered by more
than | 655 |
| ten horsepower and that, in
the opinion of the court,
involves a | 656 |
| threat to the safety of persons or
property, shall
order the | 657 |
| offender to complete successfully a boating course
approved by the | 658 |
| national association of state boating law
administrators
before | 659 |
| the offender is allowed to operate a
powercraft powered by more | 660 |
| than
ten horsepower on the waters in
this state. Violation of a | 661 |
| court order
entered under this
division is punishable as contempt | 662 |
| under Chapter
2705. of the
Revised Code. | 663 |
| Sec. 1905.01. (A) In
Georgetown in Brown county, in Mount | 664 |
|
Gilead in Morrow county, and in all
other municipal corporations | 665 |
| having a population of more than one hundred,
other than
Batavia | 666 |
| in Clermont county, not being
the site of a
municipal
court nor a | 667 |
| place where a judge of the
Auglaize county,
Crawford
county, | 668 |
| Jackson county, Miami county,
Portage county, or
Wayne
county | 669 |
| municipal court sits as required
pursuant to section
1901.021 of | 670 |
| the Revised Code or by
designation of the judges
pursuant to | 671 |
| section 1901.021 of the
Revised Code, the mayor of the
municipal | 672 |
| corporation has
jurisdiction, except as provided in
divisions (B), | 673 |
|
(C), and (E) of this
section and subject to the
limitation | 674 |
| contained in section
1905.03 and the limitation
contained in | 675 |
| section 1905.031 of the
Revised Code, to hear and
determine any | 676 |
| prosecution for the
violation of an ordinance of the
municipal | 677 |
| corporation, to hear
and determine any case involving a
violation | 678 |
| of a vehicle parking
or standing ordinance of the
municipal | 679 |
| corporation unless the
violation is required to be
handled by a | 680 |
| parking violations
bureau or joint parking violations
bureau | 681 |
| pursuant to Chapter
4521. of the Revised Code, and to hear
and | 682 |
| determine all criminal
causes involving any moving traffic | 683 |
|
violation occurring on a
state highway located within the | 684 |
|
boundaries of the municipal
corporation, subject to the | 685 |
|
limitations of sections 2937.08 and
2938.04 of the Revised Code. | 686 |
| (B)(1) In
Georgetown in Brown county, in Mount Gilead in | 687 |
|
Morrow county, and in all
other municipal corporations having a | 688 |
| population of more than one hundred, other than
Batavia
in | 689 |
|
Clermont county, not being the site of
a municipal
court nor a | 690 |
|
place where a judge of a court listed in
division (A)
of this | 691 |
|
section sits as required pursuant to section
1901.021 of
the | 692 |
|
Revised Code or by designation of the judges
pursuant to
section | 693 |
|
1901.021 of the Revised Code, the mayor of
the municipal | 694 |
|
corporation has jurisdiction, subject to the
limitation contained | 695 |
|
in section 1905.03 of the Revised Code, to
hear and determine | 696 |
|
prosecutions involving a violation of an
ordinance of the | 697 |
|
municipal corporation relating to operating a
vehicle while under | 698 |
|
the influence of alcohol, a drug of abuse, or
a
combination of | 699 |
|
them or relating to operating a vehicle
with a prohibited | 700 |
|
concentration of alcohol, a controlled substance, or a metabolite | 701 |
| of a controlled substance in the
whole blood,
blood serum or | 702 |
|
plasma, breath,
or urine, and to
hear and determine
criminal | 703 |
|
causes involving a
violation of
section 4511.19 of the
Revised | 704 |
|
Code that occur on a
state highway
located within the
boundaries | 705 |
|
of the municipal
corporation,
subject to the
limitations of | 706 |
|
sections 2937.08 and
2938.04 of the
Revised Code,
only if the | 707 |
|
person charged with the
violation,
within six years of
the date of | 708 |
|
the violation
charged, has not
been convicted of or
pleaded guilty | 709 |
|
to any of
the following: | 710 |
| (a) A violation of an ordinance of any municipal
corporation | 711 |
|
relating to operating a vehicle while under the
influence of | 712 |
|
alcohol, a drug of abuse, or
a
combination of them or
relating
to | 713 |
| operating a vehicle with a
prohibited
concentration of
alcohol, a | 714 |
| controlled substance, or a metabolite of a controlled substance in | 715 |
| the
whole blood,
blood
serum or plasma, breath, or urine; | 716 |
| (2) The mayor of a municipal corporation does not have | 737 |
|
jurisdiction to hear and determine any prosecution or criminal | 738 |
|
cause involving a violation described in division (B)(1)(a) or
(b) | 739 |
|
of this section, regardless of where the violation occurred,
if | 740 |
|
the person charged with the violation, within six years of
the | 741 |
|
violation charged, has been convicted of or pleaded guilty to
any | 742 |
|
violation listed in division (B)(1)(a), (b), (c), or
(d) of this | 743 |
|
section. | 744 |
| If the mayor of a municipal corporation, in hearing a | 745 |
|
prosecution involving a violation of an ordinance of the
municipal | 746 |
|
corporation the mayor serves relating to operating
a vehicle while | 747 |
|
under the influence of alcohol, a drug of abuse, or
a
combination | 748 |
| of them or relating to operating a
vehicle with a
prohibited | 749 |
|
concentration of alcohol, a controlled substance, or a metabolite | 750 |
| of a controlled substance in the
whole
blood,
blood
serum or | 751 |
| plasma, breath, or
urine, or in
hearing a
criminal cause
involving | 752 |
| a violation of
section 4511.19
of the
Revised Code,
determines | 753 |
| that the person
charged, within
six years
of the
violation | 754 |
| charged, has
been
convicted of or
pleaded guilty
to any
violation | 755 |
| listed in
division (B)(1)(a), (b),
(c), or (d) of
this
section, | 756 |
| the mayor
immediately shall transfer
the case to the
county court | 757 |
| or
municipal court with jurisdiction
over the
violation charged, | 758 |
| in
accordance with section 1905.032 of
the
Revised Code. | 759 |
| (C)(1) In
Georgetown in Brown county, in Mount Gilead in | 760 |
|
Morrow county, and in all
other municipal corporations having a | 761 |
| population of more than one hundred, other than
Batavia
in | 762 |
|
Clermont county, not being the site of
a municipal
court and not | 763 |
|
being a place where a judge of a court
listed in
division (A) of | 764 |
|
this section sits as required pursuant
to section
1901.021 of the | 765 |
|
Revised Code or by designation of the
judges
pursuant to section | 766 |
|
1901.021 of the Revised Code, the
mayor of the
municipal | 767 |
|
corporation, subject to sections 1901.031,
2937.08, and
2938.04 of | 768 |
|
the Revised Code, has jurisdiction to
hear and
determine | 769 |
|
prosecutions involving a violation of a
municipal
ordinance that | 770 |
|
is substantially equivalent to division
(A)
of
section 4510.14 or | 771 |
|
section
4510.16 of the Revised Code and
to
hear and determine | 772 |
|
criminal causes that involve a moving
traffic
violation, that | 773 |
|
involve a violation of division
(A)
of section
4510.14 or section
| 774 |
|
4510.16 of the
Revised Code, and that occur on
a state
highway | 775 |
|
located within the
boundaries of the municipal
corporation only if | 776 |
|
all of the
following apply regarding the
violation and the person | 777 |
|
charged: | 778 |
| (iii) A violation of any municipal ordinance or section of | 788 |
|
the Revised Code that regulates the operation of vehicles, | 789 |
|
streetcars, and trackless trolleys upon the highways or streets, | 790 |
|
in a case in which, after a charge against the person of a | 791 |
|
violation of a type described in division (C)(1)(a)(i) or (ii) of | 792 |
|
this section was dismissed or reduced, the person is convicted of | 793 |
|
or pleads guilty to a violation that arose out of the same facts | 794 |
|
and circumstances and the same act as did the charge that was | 795 |
|
dismissed or reduced. | 796 |
| (iii) A violation of any municipal ordinance or section of | 808 |
|
the Revised Code that regulates the operation of vehicles, | 809 |
|
streetcars, and trackless trolleys upon the highways or streets
in | 810 |
|
a case in which, after a charge against the person of a
violation | 811 |
|
of a type described in division (C)(1)(b)(i) or (ii) of
this | 812 |
|
section was dismissed or reduced, the person is convicted of
or | 813 |
|
pleads guilty to a violation that arose out of the same facts
and | 814 |
|
circumstances and the same act as did the charge that was | 815 |
|
dismissed or reduced. | 816 |
| (2) The mayor of a municipal corporation does not have | 817 |
|
jurisdiction to hear and determine any prosecution or criminal | 818 |
|
cause involving a violation described in division (C)(1)(a)(i) or | 819 |
|
(ii) of this section if the person charged with the violation, | 820 |
|
within
six years of the violation charged, has been convicted
of | 821 |
|
or pleaded guilty to any violation listed in division | 822 |
|
(C)(1)(a)(i), (ii), or (iii) of this section and does not have | 823 |
|
jurisdiction to hear and determine any prosecution or criminal | 824 |
|
cause involving a violation described in division (C)(1)(b)(i) or | 825 |
|
(ii) of this section if the person charged with the violation, | 826 |
|
within
six years of the violation charged, has been convicted
of | 827 |
|
or pleaded guilty to any violation listed in division | 828 |
|
(C)(1)(b)(i), (ii), or (iii) of this section. | 829 |
| (3) If the mayor of a municipal corporation, in hearing a | 830 |
|
prosecution involving a violation of an ordinance of the
municipal | 831 |
|
corporation the mayor serves that is substantially
equivalent to | 832 |
|
division
(A)
of section
4510.14 or section
4510.16 of the
Revised | 833 |
|
Code or a violation of division
(A)
of section 4510.14 or
section
| 834 |
|
4510.16 of the
Revised Code, determines that, under
division | 835 |
|
(C)(2) of this section, mayors do not have jurisdiction
of the | 836 |
|
prosecution, the mayor immediately shall transfer the case
to the | 837 |
|
county court or municipal court with jurisdiction over the | 838 |
|
violation in
accordance with section 1905.032 of the Revised Code. | 839 |
| (D) If the mayor of a municipal corporation has
jurisdiction | 840 |
|
pursuant to division (B)(1) of this section to hear
and determine | 841 |
|
a prosecution or criminal cause involving a
violation described in | 842 |
|
division (B)(1)(a) or (b) of this section,
the authority of the | 843 |
|
mayor to hear or determine the prosecution
or cause is subject to | 844 |
|
the limitation contained in division (C)
of section 1905.03 of the | 845 |
|
Revised Code. If the mayor of a
municipal corporation has | 846 |
|
jurisdiction pursuant to division (A)
or (C) of this section to | 847 |
|
hear and determine a prosecution or
criminal cause involving a | 848 |
|
violation other than a violation
described in division (B)(1)(a) | 849 |
|
or (b) of this section, the
authority of the mayor to hear or | 850 |
|
determine the prosecution or
cause is subject to the limitation | 851 |
|
contained in division
(C) of section 1905.031 of the Revised Code. | 852 |
| Sec. 1905.201. The mayor of a municipal corporation that
has | 878 |
|
a mayor's court, and a mayor's court magistrate, are entitled
to | 879 |
|
suspend, and shall suspend, in accordance
with
sections
4510.02, | 880 |
|
4510.07, and
4511.19 of the Revised Code, the
driver's or | 881 |
|
commercial driver's
license or permit or nonresident
operating | 882 |
|
privilege of any person
who is convicted of or pleads
guilty to a | 883 |
|
violation of division
(A) of section 4511.19 of the
Revised Code, | 884 |
|
of a municipal
ordinance relating to operating a
vehicle while | 885 |
|
under the
influence of alcohol, a drug of abuse, or
a combination | 886 |
|
of them, or of a municipal ordinance relating
to operating a | 887 |
|
vehicle with a prohibited concentration of alcohol, a controlled | 888 |
| substance, or a metabolite of a controlled substance
in the
whole | 889 |
|
blood,
blood serum or plasma, breath, or urine that
is | 890 |
|
substantially equivalent
to division (A) of section 4511.19 of
the | 891 |
|
Revised Code. The
mayor of a municipal corporation that has a | 892 |
|
mayor's court, and a
mayor's court magistrate, are entitled to | 893 |
|
suspend, and shall
suspend, in accordance with
sections 4510.02, | 894 |
|
4510.07, and 4511.19 of
the
Revised Code, the driver's, or | 895 |
|
commercial driver's license or
permit or nonresident operating | 896 |
|
privilege of any person who is
convicted of or pleads guilty to a | 897 |
|
violation of division (B) of
section 4511.19 of the Revised Code | 898 |
|
or of a municipal ordinance
relating to operating a vehicle with a | 899 |
|
prohibited concentration
of
alcohol in the
whole blood,
blood | 900 |
|
serum or plasma, breath, or
urine that is substantially
equivalent | 901 |
|
to division (B) of section
4511.19 of the Revised
Code. | 902 |
| Suspension of a commercial driver's license under this | 903 |
|
section shall be concurrent with any period of disqualification
or | 904 |
|
suspension
under section
3123.58 or 4506.16 of the
Revised Code. | 905 |
|
No
person who is disqualified for life from holding
a commercial | 906 |
|
driver's license
under section 4506.16 of the Revised
Code shall | 907 |
|
be issued a
driver's license under Chapter 4507. of the
Revised | 908 |
|
Code during
the period for which the commercial driver's
license | 909 |
|
was
suspended under this section, and no person whose
commercial | 910 |
|
driver's license is suspended under this section shall
be issued
a | 911 |
|
driver's license under Chapter 4507. of the Revised
Code during | 912 |
|
the period of the suspension. | 913 |
| (c) A third person, other than a collateral source, who | 928 |
|
legally assumes or voluntarily pays the obligations of a victim, | 929 |
|
or of a dependent of a victim, who is described in division | 930 |
|
(A)(1)(a) of this section, which obligations are incurred as a | 931 |
|
result of the criminally injurious conduct that is the subject of | 932 |
|
the claim and may include, but are not limited to, medical or | 933 |
|
burial expenses; | 934 |
| (c) A third person, other than a collateral source, who | 972 |
|
legally assumes or voluntarily pays the obligations of a victim, | 973 |
|
or of a dependent of a victim, who is described in division | 974 |
|
(A)(2)(a) of this section, which obligations are incurred as a | 975 |
|
result of the criminally injurious conduct that is the subject of | 976 |
|
the claim and may include, but are not limited to, medical or | 977 |
|
burial expenses; | 978 |
| (1) For the purposes of any person described in division | 1018 |
|
(A)(1) of this section, any conduct that occurs or is attempted
in | 1019 |
|
this state; poses a substantial threat of personal injury or | 1020 |
|
death; and is punishable by fine, imprisonment, or death, or
would | 1021 |
|
be so punishable but for the fact that the person engaging
in the | 1022 |
|
conduct lacked capacity to commit the crime under the laws
of this | 1023 |
|
state. Criminally injurious conduct does not include
conduct | 1024 |
|
arising out of the ownership, maintenance, or use of a
motor | 1025 |
|
vehicle, except when any of the following applies: | 1026 |
| (2) For the purposes of any person described in division | 1040 |
|
(A)(2) of this section, any conduct that occurs or is attempted
in | 1041 |
|
another state, district, territory, or foreign country; poses
a | 1042 |
|
substantial threat of personal injury or death; and is
punishable | 1043 |
|
by fine, imprisonment, or death, or would be so
punishable but for | 1044 |
|
the fact that the person engaging in the
conduct lacked capacity | 1045 |
|
to commit the crime under the laws of the
state, district, | 1046 |
|
territory, or foreign country in which the
conduct occurred or was | 1047 |
|
attempted. Criminally injurious conduct
does not include conduct | 1048 |
|
arising out of the ownership,
maintenance, or use of a motor | 1049 |
|
vehicle, except when any of the
following applies: | 1050 |
| (E)
"Economic loss" means economic detriment consisting
only | 1073 |
|
of allowable expense, work loss, funeral expense,
unemployment | 1074 |
|
benefits loss, replacement services loss,
cost of crime scene | 1075 |
|
cleanup, and cost of evidence replacement. If
criminally
injurious | 1076 |
| conduct causes death, economic loss includes
a
dependent's | 1077 |
| economic loss and a dependent's replacement
services
loss. | 1078 |
| Noneconomic detriment is not economic loss;
however,
economic loss | 1079 |
| may be caused by pain and suffering or
physical
impairment. | 1080 |
| (F)(1)
"Allowable expense" means reasonable charges incurred | 1081 |
|
for reasonably needed products, services, and accommodations, | 1082 |
|
including those for medical care, rehabilitation, rehabilitative | 1083 |
|
occupational training, and other remedial treatment and care and | 1084 |
|
including replacement costs for eyeglasses and other corrective | 1085 |
|
lenses. It does not include that portion of a charge for a room
in | 1086 |
| a hospital, clinic, convalescent home, nursing home, or any
other | 1087 |
| institution engaged in providing nursing care and related
services | 1088 |
| in excess of a reasonable and customary charge for
semiprivate | 1089 |
| accommodations, unless accommodations other than
semiprivate | 1090 |
| accommodations are medically required. | 1091 |
| (2) An immediate family member of a victim of
criminally | 1092 |
|
injurious conduct that consists of a homicide, a sexual assault, | 1093 |
|
domestic violence, or a severe and permanent incapacitating injury | 1094 |
|
resulting
in
paraplegia or a similar life-altering condition, who | 1095 |
|
requires psychiatric care
or counseling as a result of the | 1096 |
|
criminally injurious conduct, may be
reimbursed for that care or | 1097 |
|
counseling as an allowable expense through the
victim's | 1098 |
|
application. The cumulative allowable expense for care or | 1099 |
|
counseling
of that nature shall not exceed two thousand five | 1100 |
| hundred dollars for each immediate family member of a victim of | 1101 |
|
that type
and seven thousand five hundred dollars in the aggregate | 1102 |
| for all immediate family members of a victim of that type. | 1103 |
| (3) A family member of a victim who died as a proximate | 1104 |
| result of criminally injurious conduct may be reimbursed as an | 1105 |
| allowable expense through the victim's application for wages lost | 1106 |
| and travel expenses incurred in order to attend criminal justice | 1107 |
| proceedings arising from the criminally injurious conduct. The | 1108 |
| cumulative allowable expense for wages lost and travel expenses | 1109 |
| incurred by a family member to attend criminal justice proceedings | 1110 |
| shall not exceed five hundred dollars for each family member of | 1111 |
| the victim and two thousand dollars in the aggregate for all | 1112 |
| family members of the victim. | 1113 |
| (4) "Allowable expense" includes attorney's fees not | 1114 |
| exceeding two thousand five hundred dollars, at a rate not | 1115 |
| exceeding one hundred fifty dollars per hour, incurred to | 1116 |
| successfully obtain a restraining order, custody order, or other | 1117 |
| order to physically separate a victim from an offender, if the | 1118 |
| attorney has not received payment under section 2743.65 of the | 1119 |
| Revised Code for assisting a claimant with an application for an | 1120 |
| award of reparations under sections 2743.51 to 2743.72 of the | 1121 |
| Revised Code. | 1122 |
| (G)
"Work loss" means loss of income from work
that the | 1123 |
|
injured person would have
performed if the person had not
been | 1124 |
|
injured
and expenses reasonably incurred by the person to obtain | 1125 |
|
services in
lieu of those the person would have performed for | 1126 |
|
income,
reduced by any
income from substitute work actually | 1127 |
|
performed by the
person, or by
income the person would have earned | 1128 |
|
in available appropriate
substitute
work that the person was | 1129 |
|
capable of performing but
unreasonably failed to
undertake. | 1130 |
| (I)
"Dependent's economic loss" means loss after a
victim's | 1136 |
|
death of contributions of things of economic value to
the victim's | 1137 |
|
dependents, not including services they would
have received
from | 1138 |
|
the victim if the victim had not suffered the fatal
injury, less | 1139 |
|
expenses of the dependents avoided by reason of the victim's | 1140 |
|
death. If a minor child of a victim is adopted after the victim's | 1141 |
|
death,
the minor child continues after the adoption to incur a | 1142 |
|
dependent's economic
loss as a result of the victim's death. If | 1143 |
|
the surviving spouse of a victim
remarries, the surviving spouse | 1144 |
|
continues after the remarriage to incur a
dependent's economic | 1145 |
|
loss as a result of the victim's death. | 1146 |
| (J)
"Dependent's replacement services loss" means loss | 1147 |
|
reasonably incurred by dependents after a victim's death in | 1148 |
|
obtaining ordinary and necessary services in lieu of those the | 1149 |
|
victim would have performed for their benefit if the victim
had | 1150 |
|
not suffered the fatal injury, less expenses of the dependents | 1151 |
|
avoided by reason of the victim's death and not subtracted in | 1152 |
|
calculating the dependent's economic loss. If a minor child of a | 1153 |
|
victim is
adopted after the victim's death, the minor child | 1154 |
|
continues after the adoption
to incur a dependent's replacement | 1155 |
|
services loss as a result of the victim's
death. If the surviving | 1156 |
|
spouse of a victim remarries, the surviving spouse
continues after | 1157 |
|
the remarriage to incur a dependent's replacement services
loss as | 1158 |
|
a result of the victim's death. | 1159 |
| (2) An award for funeral expenses shall be applied first to | 1182 |
| expenses directly related to the victim's funeral, cremation, or | 1183 |
| burial. An award for wages lost or travel expenses incurred by a | 1184 |
| family member of the victim shall not exceed five hundred dollars | 1185 |
| for each family member and shall not exceed in the aggregate the | 1186 |
| difference between seven thousand five hundred dollars and | 1187 |
| expenses that are reimbursed by the program and that are directly | 1188 |
| related to the victim's funeral, cremation, or burial. | 1189 |
| (1) A violation of section 4511.19 of the Revised Code, of | 1197 |
|
any municipal ordinance prohibiting the operation of a vehicle | 1198 |
|
while under the influence of alcohol, a drug of abuse, or
a
| 1199 |
|
combination of them, or of any municipal
ordinance prohibiting
the | 1200 |
|
operation of a vehicle with a prohibited
concentration of
alcohol, | 1201 |
| a controlled substance, or a metabolite of a controlled substance | 1202 |
|
in the
whole blood,
blood serum or
plasma,
breath, or urine; | 1203 |
| (4) For purposes of any person described in division
(A)(2) | 1211 |
|
of this section, a violation of any law of the state,
district, | 1212 |
|
territory, or foreign country in which the criminally
injurious | 1213 |
|
conduct occurred, if that law is substantially similar
to a | 1214 |
|
violation described in division (P)(1) or (2) of this section or | 1215 |
|
if
that law is substantially similar to a violation described in | 1216 |
|
division (P)(3) of this section and the offender was under
the | 1217 |
|
influence of alcohol, a drug of abuse, or
a
combination of them, | 1218 |
|
at the time of the commission of the
offense. | 1219 |
| (2) The act described in division
(R)(1) of this section is | 1230 |
|
committed within the territorial jurisdiction of the
United
States | 1231 |
|
and is a violation of
the criminal laws of the United
States, this | 1232 |
|
state, or any
other state or the act described in division
(R)(1) | 1233 |
|
of this section is
committed outside the territorial jurisdiction | 1234 |
|
of the
United
States and would be a violation
of the criminal laws | 1235 |
|
of the
United
States, this state, or any
other state if committed | 1236 |
|
within the territorial jurisdiction of
the United
States. | 1237 |
| Sec. 2919.22. (A) No person, who is the parent, guardian, | 1274 |
|
custodian, person having custody or control, or person in loco | 1275 |
|
parentis of a child under eighteen years of age or a mentally or | 1276 |
|
physically handicapped child under twenty-one years of age, shall | 1277 |
|
create a substantial risk to the health or safety of the child,
by | 1278 |
|
violating a duty of care, protection, or support. It is not a | 1279 |
|
violation of a duty of care, protection, or support under this | 1280 |
|
division when the parent, guardian, custodian, or person having | 1281 |
|
custody or control of a child treats the physical or mental | 1282 |
|
illness or defect of the child by spiritual means through prayer | 1283 |
|
alone, in accordance with the tenets of a recognized religious | 1284 |
|
body. | 1285 |
| (5) Entice, coerce, permit, encourage, compel, hire,
employ, | 1300 |
|
use, or allow the child to act, model, or in any other
way | 1301 |
|
participate in, or be photographed for, the production, | 1302 |
|
presentation, dissemination, or advertisement of any material or | 1303 |
|
performance that the offender knows or reasonably should know
is | 1304 |
|
obscene,
is sexually oriented matter, or is nudity-oriented | 1305 |
|
matter; | 1306 |
| (6) Allow the child to be on the same parcel of real property | 1307 |
| and within one hundred feet of, or, in the case of more than one | 1308 |
| housing unit on the same parcel of real property, in the same | 1309 |
| housing unit and within one hundred feet of, any act in violation | 1310 |
| of section 2925.04 or 2925.041 of the Revised Code when the person | 1311 |
| knows that the act is occurring, whether or not any person is | 1312 |
| prosecuted for or convicted of the violation of section 2925.04 or | 1313 |
| 2925.041 of the Revised Code that is the basis of the violation of | 1314 |
| this division. | 1315 |
| (C)(1) No person shall operate a vehicle, streetcar, or | 1316 |
|
trackless trolley within this state in violation of division
(A) | 1317 |
|
of section 4511.19 of the Revised Code when one or more
children | 1318 |
|
under eighteen years of age are in the vehicle,
streetcar, or | 1319 |
|
trackless trolley. Notwithstanding any other
provision of law, a | 1320 |
|
person may be convicted at the same trial or
proceeding of a | 1321 |
|
violation of this division and a violation of
division (A) of | 1322 |
|
section 4511.19 of the Revised Code that
constitutes
the basis of | 1323 |
|
the charge of the violation of this
division. For
purposes of
| 1324 |
|
sections 4511.191
to 4511.197 of the Revised
Code
and all
related | 1325 |
|
provisions of
law, a person arrested for a
violation of
this | 1326 |
|
division shall be
considered to be under arrest
for operating
a | 1327 |
|
vehicle while under
the influence of alcohol, a
drug of abuse,
or
| 1328 |
|
a combination of
them or for
operating a
vehicle with a prohibited | 1329 |
|
concentration of
alcohol, a controlled substance, or a metabolite | 1330 |
| of a controlled substance in
the
whole blood,
blood serum or | 1331 |
|
plasma,
breath, or
urine. | 1332 |
| (D)(1) Division (B)(5) of this section does not apply to
any | 1338 |
|
material or performance that is produced, presented, or | 1339 |
|
disseminated for a bona fide medical, scientific, educational, | 1340 |
|
religious, governmental, judicial, or other proper purpose, by or | 1341 |
|
to a physician, psychologist, sociologist, scientist, teacher, | 1342 |
|
person pursuing bona fide studies or research, librarian,
member | 1343 |
|
of the clergy, prosecutor, judge, or other
person having a proper | 1344 |
|
interest in the material or performance. | 1345 |
| (3) In a prosecution under division (B)(5) of this
section, | 1348 |
|
the trier of fact may infer that an actor, model, or
participant | 1349 |
|
in the material or performance involved is a juvenile
if the | 1350 |
|
material or performance, through its title, text, visual | 1351 |
|
representation, or otherwise, represents or depicts the actor, | 1352 |
|
model, or participant as a juvenile. | 1353 |
| (3) If the offender violates division (B)(2), (3), (4), or | 1383 |
| (6)
of
this section, except as otherwise provided in this | 1384 |
| division,
endangering children is a felony of the third
degree. If | 1385 |
| the
violation results in serious
physical
harm to the child | 1386 |
| involved,
or if the offender previously has been
convicted of an | 1387 |
| offense
under this section or of any offense
involving neglect, | 1388 |
|
abandonment, contributing to the delinquency
of, or physical abuse | 1389 |
|
of a child, endangering children is a
felony of the second degree. | 1390 |
| (b) If the violation results in serious physical harm to the | 1398 |
|
child involved or the offender previously has been convicted of
an | 1399 |
|
offense under this section or any offense involving neglect, | 1400 |
|
abandonment, contributing to the delinquency of, or physical
abuse | 1401 |
|
of a child, except as otherwise provided in division
(E)(5)(c) of | 1402 |
|
this section, endangering
children in violation of
division
(C) of | 1403 |
|
this section is a felony of the fifth degree. | 1404 |
| (c) If the violation results in serious physical harm to
the | 1405 |
|
child involved and if the offender previously has been
convicted | 1406 |
|
of a violation of division (C) of this section, section
2903.06 or | 1407 |
|
2903.08 of the Revised Code, section 2903.07
of the Revised Code | 1408 |
|
as it existed prior to March 23, 2000,
or section
2903.04 of the | 1409 |
|
Revised Code in a case in which the offender was
subject to the | 1410 |
|
sanctions described in division (D) of that
section, endangering | 1411 |
|
children in violation of division (C) of
this section is a felony | 1412 |
|
of the fourth degree. | 1413 |
| (d) In addition to any term of imprisonment, fine, or
other | 1414 |
|
sentence, penalty, or sanction it imposes upon the offender | 1415 |
|
pursuant to division (E)(5)(a), (b), or (c) of this section or | 1416 |
|
pursuant to any other provision of law and in addition to any | 1417 |
|
suspension
of the offender's driver's
or commercial driver's | 1418 |
|
license or permit or nonresident operating
privilege under
Chapter | 1419 |
|
4506.,
4509.,
4510., or 4511. of the
Revised Code or
under
any | 1420 |
|
other provision of law, the court also
may impose upon the | 1421 |
|
offender a class seven suspension of the
offender's driver's or | 1422 |
|
commercial driver's license or permit or
nonresident operating | 1423 |
|
privilege from the range specified in
division (A)(7) of section | 1424 |
|
4510.02 of the Revised Code. | 1425 |
| (e) In addition to any term of imprisonment, fine, or
other | 1426 |
|
sentence, penalty, or sanction imposed upon the offender
pursuant | 1427 |
|
to division (E)(5)(a), (b), (c), or (d) of this section
or | 1428 |
|
pursuant to any other provision of law for the violation of | 1429 |
|
division (C) of this section, if as part of the same trial or | 1430 |
|
proceeding the offender also is convicted of or pleads guilty to
a | 1431 |
|
separate charge charging the violation of division (A) of
section | 1432 |
|
4511.19 of the Revised Code that was the basis of the
charge of | 1433 |
|
the violation of division (C) of this section, the
offender also | 1434 |
|
shall be sentenced in accordance with section
4511.19 of
the | 1435 |
|
Revised Code for that violation of division (A)
of section
4511.19 | 1436 |
|
of the Revised Code. | 1437 |
| (F)(1)(a)
A court
may require an offender to perform
not
more | 1438 |
|
than two hundred hours of supervised
community
service work
under | 1439 |
|
the authority of an agency,
subdivision, or
charitable | 1440 |
|
organization. The requirement shall be
part of the
community | 1441 |
| control sanction or sentence of the offender, and
the
court shall | 1442 |
| impose the community service
in accordance with and
subject to | 1443 |
| divisions
(F)(1)(a) and (b) of this section. The court
may require | 1444 |
| an
offender whom it requires to perform supervised
community | 1445 |
| service
work as part of the offender's community control
sanction | 1446 |
| or
sentence to pay the
court a reasonable fee to
cover
the costs | 1447 |
| of the offender's participation in the work,
including,
but
not | 1448 |
| limited to, the costs of procuring a policy or policies of | 1449 |
|
liability insurance to cover the period during which the offender | 1450 |
|
will perform the work. If the court requires the offender to | 1451 |
|
perform supervised community service work as part of the | 1452 |
|
offender's community control sanction or
sentence, the court shall | 1453 |
|
do so in accordance with the
following limitations and criteria: | 1454 |
| (iv) The court shall inform the offender in writing that
if | 1468 |
|
the offender does not adequately perform, as determined by
the | 1469 |
|
court, all of the required community service work, the court may | 1470 |
|
order
that the offender be committed to a jail or workhouse for a | 1471 |
|
period of time
that does not exceed the term of imprisonment that | 1472 |
|
the court could have
imposed upon the offender for the violation | 1473 |
|
of division (C) of this section,
reduced by the total amount of | 1474 |
|
time that the offender actually
was imprisoned under the sentence | 1475 |
|
or term that was imposed upon
the offender for that violation and | 1476 |
|
by the total amount of time
that the offender was confined for any | 1477 |
|
reason arising out of the
offense for which the offender was | 1478 |
|
convicted and sentenced as
described in
sections 2949.08 and | 1479 |
|
2967.191 of the Revised Code, and that, if
the court orders that | 1480 |
|
the offender be so committed, the court
is authorized, but not | 1481 |
|
required, to grant the offender
credit upon the period of the | 1482 |
|
commitment for the community service work that
the offender | 1483 |
|
adequately performed. | 1484 |
| (b) If a court, pursuant to
division
(F)(1)(a) of this | 1485 |
|
section, orders an offender to
perform
community service work as | 1486 |
|
part of the offender's community
control
sanction or
sentence and | 1487 |
|
if the offender does not
adequately
perform all of the required | 1488 |
|
community service work, as
determined
by the court, the court may | 1489 |
|
order that the offender be
committed
to a jail or workhouse for a | 1490 |
|
period of time that does
not exceed
the term of imprisonment that | 1491 |
|
the court
could have
imposed
upon
the offender for the violation | 1492 |
|
of division (C) of
this
section,
reduced by the total amount of | 1493 |
|
time that the
offender
actually was
imprisoned under the sentence | 1494 |
|
or term that
was
imposed upon the
offender for that violation and | 1495 |
|
by the total
amount of time that
the offender was confined for any | 1496 |
|
reason
arising out of the
offense for which the offender was | 1497 |
|
convicted
and sentenced as
described in sections 2949.08 and | 1498 |
|
2967.191 of the
Revised Code.
The court may order that a person | 1499 |
|
committed pursuant
to this
division shall receive hour-for-hour | 1500 |
|
credit upon the
period of the
commitment
for the community service | 1501 |
|
work that the
offender
adequately
performed. No
commitment | 1502 |
|
pursuant to this
division
shall exceed the period of the term of | 1503 |
|
imprisonment that
the
sentencing court could have imposed upon the | 1504 |
|
offender
for the
violation of division (C) of this section, | 1505 |
|
reduced by the total
amount
of time that the offender actually was | 1506 |
|
imprisoned under
that sentence or term
and by the total amount of | 1507 |
|
time that the
offender was confined for
any reason arising out of | 1508 |
|
the offense
for which the offender
was convicted and sentenced as | 1509 |
|
described in
sections 2949.08 and 2967.191 of
the Revised Code. | 1510 |
| (2)
Division (F)(1) of this
section
does
not
limit or
affect | 1511 |
| the authority of the court to
suspend the
sentence
imposed
upon a | 1512 |
| misdemeanor offender and place
the
offender
under a community | 1513 |
| control sanction
pursuant to
section 2929.25 of the
Revised Code, | 1514 |
| to
require
a
misdemeanor
or felony offender to
perform
supervised | 1515 |
|
community service
work in accordance with
division
(B)
of
section | 1516 |
|
2951.02 of the
Revised Code, or to place a
felony
offender
under a | 1517 |
|
community
control sanction. | 1518 |
| (G)(1) If a court suspends an offender's driver's or | 1519 |
|
commercial driver's license or permit or nonresident operating | 1520 |
|
privilege under division (E)(5)(d) of this section, the
period
of | 1521 |
|
the suspension shall be consecutive to, and commence
after, the | 1522 |
|
period of suspension
of the offender's
driver's or
commercial | 1523 |
|
driver's license or permit or nonresident
operating
privilege that | 1524 |
|
is imposed under Chapter 4506.,
4509.,
4510., or
4511. of the | 1525 |
|
Revised Code or under any other provision
of law in
relation to | 1526 |
|
the violation of division (C) of this
section that is
the basis of | 1527 |
|
the suspension under division
(E)(5)(d) of this
section or in | 1528 |
|
relation to the violation of
division (A) of section
4511.19 of | 1529 |
|
the Revised Code that is the
basis for that violation
of division | 1530 |
|
(C) of this section. | 1531 |
| (b) If a person is convicted of or pleads guilty to a | 1567 |
|
violation of division (C) of this section and the person also is | 1568 |
|
convicted of or pleads guilty to a separate charge charging the | 1569 |
|
violation of division (A) of section 4511.19 of the Revised Code | 1570 |
|
that was the basis of the charge of the violation of division (C) | 1571 |
|
of this section, the conviction of or plea of guilty to the | 1572 |
|
violation of division (C) of this section shall not constitute, | 1573 |
|
for purposes of any provision of law that refers to a conviction | 1574 |
|
of or plea of guilty to a violation of division (A) of section | 1575 |
|
4511.19 of the Revised Code, a conviction of or plea of guilty to | 1576 |
|
a violation of division (A) of section 4511.19 of the Revised | 1577 |
|
Code. | 1578 |
| Sec. 2937.46.
(A) The supreme court of Ohio, in the
interest | 1584 |
| of uniformity of
procedure in the various courts and for
the | 1585 |
| purpose of promoting
prompt and
efficient disposition of cases | 1586 |
|
arising under the traffic laws of this state
and related | 1587 |
|
ordinances,
may make uniform rules for
practice and
procedure in | 1588 |
|
courts inferior to the court of common pleas not
inconsistent with | 1589 |
|
the
provisions of Chapter 2937. of the Revised
Code, including, | 1590 |
|
but not limited
to: | 1591 |
(B)
Except as otherwise specified in division
(L)(M)
of | 1601 |
| section
4511.19 of the Revised Code, all of the rules
described
in | 1602 |
|
division (A) of this section, when promulgated by the
supreme | 1603 |
|
court, shall be fully
binding on all courts inferior to
the court | 1604 |
|
of common pleas
and on the
court of common pleas in
relation to | 1605 |
|
felony violations of division
(A) of section 4511.19
of the | 1606 |
|
Revised Code and shall effect a
cancellation of any local
court | 1607 |
|
rules inconsistent
with
the supreme court's rules. | 1608 |
| Sec. 2951.02. (A) During the period of a misdemeanor | 1609 |
| offender's
community control sanction or during the
period of a
| 1610 |
|
felony offender's
nonresidential sanction,
authorized probation | 1611 |
| officers who are
engaged within the scope of
their
supervisory | 1612 |
| duties or
responsibilities may search, with or
without a warrant, | 1613 |
|
the person
of the offender, the place of
residence of the | 1614 |
| offender, and a
motor vehicle, another item of
tangible or | 1615 |
| intangible personal
property, or
other real property
in which the | 1616 |
| offender has a
right, title, or interest or
for which
the offender | 1617 |
| has the
express or implied permission of a person
with
a right, | 1618 |
|
title, or
interest to use, occupy, or possess if the
probation | 1619 |
| officers have
reasonable grounds to believe that the
offender is | 1620 |
| not abiding by
the law or
otherwise is not complying
with the | 1621 |
| conditions of the
misdemeanor
offender's
community control | 1622 |
| sanction or the conditions of
the
felony
offender's nonresidential | 1623 |
| sanction.
If a
felony
offender who is sentenced
to a | 1624 |
| nonresidential sanction is under
the
general control and | 1625 |
|
supervision of the adult parole authority,
as described in | 1626 |
|
division (A)(2)(a) of section 2929.15 of the
Revised Code, adult | 1627 |
|
parole authority field officers with
supervisory responsibilities | 1628 |
|
over the
felony offender shall
have the same search authority | 1629 |
| relative to
the
felony
offender during the
period of the sanction
| 1630 |
|
that is described
under
this division for probation
officers. The | 1631 |
| court that places
the
misdemeanor
offender
under a community | 1632 |
| control
sanction pursuant to
section
2929.25 of the Revised Code | 1633 |
| or that sentences the
felony
offender
to
a nonresidential sanction | 1634 |
| pursuant to section 2929.17
of the
Revised Code shall
provide the | 1635 |
| offender with a written
notice that
informs the offender that | 1636 |
| authorized probation
officers or adult
parole
authority field | 1637 |
| officers with supervisory
responsibilities
over the
offender who | 1638 |
| are engaged within
the
scope of their
supervisory duties or | 1639 |
| responsibilities may conduct
those
types
of
searches during the | 1640 |
| period of
community control sanction or
the nonresidential | 1641 |
| sanction if they have
reasonable grounds to
believe that the | 1642 |
| offender is not abiding by
the law or
otherwise
is not complying | 1643 |
| with the conditions of the
offender's
community
control sanction | 1644 |
| or nonresidential
sanction. | 1645 |
|
(B) If an offender is
convicted
of or pleads
guilty to
a | 1646 |
| misdemeanor, the
court may require the offender, as a
condition
of
| 1647 |
|
the
offender's sentence
of a community control sanction,
to | 1648 |
| perform
supervised community
service work
in accordance with this | 1649 |
|
division. If an offender is convicted of or pleads guilty to a | 1650 |
|
felony, the court, pursuant to sections 2929.15 and 2929.17 of the | 1651 |
|
Revised Code, may impose a sanction that requires the offender to | 1652 |
|
perform supervised community service work in accordance with this | 1653 |
|
division. The supervised community service work shall be under the | 1654 |
|
authority
of health districts, park
districts, counties, municipal | 1655 |
|
corporations, townships, other
political subdivisions of the | 1656 |
|
state, or agencies of the state or
any of its political | 1657 |
|
subdivisions, or under the authority of
charitable organizations | 1658 |
|
that render services to the community or
its citizens, in | 1659 |
|
accordance with this division.
The court may
require an offender | 1660 |
| who
is ordered to perform the work to pay to it a
reasonable
fee | 1661 |
| to cover
the costs of the offender's participation in the
work, | 1662 |
| including,
but not limited to, the costs of procuring a
policy or | 1663 |
| policies of
liability insurance to cover the period
during which | 1664 |
| the offender
will perform the work. | 1665 |
| (2) An agency, political subdivision, or charitable | 1682 |
|
organization must agree to accept the offender for the work
before | 1683 |
|
the court requires the offender to perform the work for the | 1684 |
|
entity. A
court shall not require an offender to perform | 1685 |
|
supervised
community service work for an agency, political | 1686 |
|
subdivision, or
charitable organization at a location that is an | 1687 |
|
unreasonable
distance from the offender's residence or domicile, | 1688 |
|
unless the
offender is provided with transportation to the | 1689 |
|
location where
the work is to be performed. | 1690 |
| (3) A court may enter into an agreement with a county | 1691 |
|
department of job and family services for the management, | 1692 |
|
placement, and
supervision of offenders eligible for community | 1693 |
|
service work in work
activities,
developmental activities, and | 1694 |
|
alternative work activities under sections 5107.40
to 5107.69 of | 1695 |
|
the
Revised Code. If a court and a county
department of job and | 1696 |
|
family services have entered into an
agreement of that nature, the | 1697 |
|
clerk of that court is authorized to pay
directly to the county | 1698 |
|
department all or a portion of the fees
collected by the court | 1699 |
|
pursuant to this division in accordance with the terms
of its | 1700 |
|
agreement. | 1701 |
| (4) Community service work that a court requires under
this | 1702 |
|
division shall be supervised by an official of the agency, | 1703 |
|
political subdivision, or charitable organization for which the | 1704 |
|
work is performed or by a person designated by the agency, | 1705 |
|
political subdivision, or charitable organization. The official
or | 1706 |
| designated person shall be qualified for the supervision by | 1707 |
|
education, training, or experience, and periodically shall
report, | 1708 |
|
in writing, to the court and to the offender's probation
officer | 1709 |
|
concerning the conduct of the offender in performing the
work. | 1710 |
|
(5) The
total of any period of
supervised community service | 1711 |
| work
imposed
on an offender under
division
(B) of this section | 1712 |
|
plus the period of all other
sanctions imposed pursuant to | 1713 |
|
sections 2929.15,
2929.16, 2929.17,
and 2929.18 of the Revised | 1714 |
|
Code
for a felony, or pursuant to sections 2929.25, 2929.26, | 1715 |
|
2929.27, and 2929.28 of the Revised Code for a misdemeanor, shall | 1716 |
|
not exceed five years. | 1717 |
| (C)(1)
If an offender is convicted of a violation of
section | 1718 |
| 4511.19 of the Revised Code, a municipal ordinance
relating to | 1719 |
| operating a vehicle while under the influence of
alcohol, a drug | 1720 |
of abuse, or alcohol and a drugcombination of abusethem, or a | 1721 |
|
municipal ordinance relating to operating a vehicle with a | 1722 |
|
prohibited concentration of alcohol, a controlled substance, or a | 1723 |
| metabolite of a controlled substance in the whole blood, blood | 1724 |
| serum or plasma, breath, or
urine, the court may require, as
a | 1725 |
| condition of
a community control sanction, any
suspension
of a | 1726 |
|
driver's or
commercial driver's
license or permit
or nonresident | 1727 |
|
operating
privilege, and all
other penalties
provided by law or by | 1728 |
|
ordinance, that the
offender operate only a
motor vehicle equipped | 1729 |
|
with an ignition
interlock device that is
certified pursuant to | 1730 |
|
section
4510.43 of
the Revised Code. | 1731 |
| (2)
If a court requires an offender, as a condition of
a | 1732 |
| community control sanction pursuant to division
(C)(1) of this | 1733 |
| section, to operate
only a motor vehicle
equipped with an ignition | 1734 |
| interlock device
that is certified
pursuant to section
4510.43 of | 1735 |
| the
Revised
Code, the offender
immediately shall surrender the | 1736 |
|
offender's
driver's or
commercial
driver's license or permit to | 1737 |
|
the court.
Upon the
receipt of the
offender's license or permit, | 1738 |
|
the court
shall
issue an order
authorizing the offender to operate | 1739 |
|
a motor
vehicle equipped with
a certified ignition interlock | 1740 |
|
device,
deliver the offender's
license or permit to the bureau of | 1741 |
|
motor
vehicles, and include in
the abstract of the case forwarded | 1742 |
|
to
the
bureau pursuant to
section
4510.036 of the Revised
Code the | 1743 |
|
conditions of
the community control sanction imposed pursuant to | 1744 |
| division
(C)(1) of
this section. The court shall give the offender | 1745 |
| a
copy
of its
order, and that copy shall be used by the offender | 1746 |
| in
lieu
of a
driver's or commercial driver's license or permit | 1747 |
| until
the
bureau
issues a restricted license to the offender. | 1748 |
| (3) Upon receipt of an offender's driver's or commercial | 1749 |
|
driver's license or permit pursuant to division
(C)(2) of this | 1750 |
|
section, the bureau of motor vehicles shall issue a restricted | 1751 |
|
license to the offender. The restricted license shall be
identical | 1752 |
| to the surrendered license, except that it shall have
printed on | 1753 |
| its face a statement that the offender is prohibited
from | 1754 |
| operating a motor vehicle that is not equipped with an
ignition | 1755 |
| interlock device that is certified pursuant to section
4510.43 of | 1756 |
| the Revised Code. The bureau shall deliver the
offender's | 1757 |
| surrendered license or permit to the court upon
receipt
of a court | 1758 |
| order requiring it to do so, or reissue the
offender's
license or | 1759 |
| permit under section
4510.52 of the Revised
Code if
the registrar | 1760 |
| destroyed the offender's license or permit
under
that section. The | 1761 |
| offender shall surrender the restricted
license
to the court upon | 1762 |
| receipt of the offender's surrendered
license or
permit. | 1763 |
| (4) If an offender violates a requirement of the court | 1764 |
|
imposed under division
(C)(1) of this section, the
court may | 1765 |
|
impose a class seven suspension of the offender's driver's or | 1766 |
|
commercial driver's license or permit or nonresident operating | 1767 |
|
privilege
from the range specified
in division (A)(7) of section
| 1768 |
|
4510.02 of the Revised
Code.
On a second or subsequent violation, | 1769 |
|
the court may impose a class
four suspension of the offender's | 1770 |
|
driver's or commercial driver's
license or permit or nonresident | 1771 |
|
operating privilege from the
range specified in division (A)(4) of | 1772 |
|
section 4510.02 of the
Revised Code. | 1773 |
Sec. 3701.143. For purposes of sectionsections 1547.11, | 1774 |
| 4511.19, and 4511.194 of the Revised Code, the
director of health | 1775 |
| shall determine, or cause to be determined, techniques or
methods | 1776 |
| for chemically analyzing a person's whole blood, blood serum or | 1777 |
| plasma, urine, breath, or other
bodily substance in order to | 1778 |
ascertain the amount of alcohol, a drugdrugs of abuse,
controlled | 1779 |
substances, metabolites of controlled substances, or alcohol and a | 1780 |
drug of abusecombination of them in the person's whole blood, | 1781 |
| blood serum or plasma, urine, breath, or other
bodily substance. | 1782 |
| The director shall approve satisfactory techniques or
methods, | 1783 |
| ascertain the qualifications of individuals to conduct such | 1784 |
| analyses,
and issue permits to qualified persons authorizing them | 1785 |
| to perform such
analyses. Such permits shall be
subject to | 1786 |
| termination or revocation at the discretion of the director. | 1787 |
| (B) A test or tests as provided in division (A) of this | 1794 |
|
section may be administered at the direction of a peace officer | 1795 |
|
having reasonable ground to stop or detain the person and, after | 1796 |
|
investigating the circumstances surrounding the operation of the | 1797 |
|
commercial motor vehicle, also having reasonable ground to
believe | 1798 |
|
the person was driving the commercial vehicle
while having a | 1799 |
|
measurable or detectable amount of alcohol or of a
controlled | 1800 |
|
substance or a metabolite of a controlled substance in the | 1801 |
| person's
whole blood,
blood serum or plasma,
breath, or urine.
Any | 1802 |
| such test
shall be
given within two hours
of the time of the | 1803 |
| alleged
violation. | 1804 |
| (D) If a person refuses to submit to a test after being | 1813 |
|
warned as provided in division (C) of this section or submits to
a | 1814 |
|
test that discloses the presence of a controlled substance or a | 1815 |
| metabolite of a controlled substance or
an
alcohol concentration | 1816 |
| of four-hundredths of one per cent or
more,
the person immediately | 1817 |
|
shall surrender the person's commercial
driver's
license to the | 1818 |
|
peace officer.
The peace officer shall
forward the license, | 1819 |
| together with a
sworn report, to the
registrar of motor vehicles | 1820 |
| certifying that
the test was requested
pursuant to division (A) of | 1821 |
| this section
and that the person
either refused to submit to | 1822 |
| testing or
submitted to a test that
disclosed the presence of a | 1823 |
| controlled
substance or a metabolite of a controlled substance or | 1824 |
| an alcohol
concentration of four-hundredths of one
per cent or | 1825 |
| more. The
form and contents of the report required
by this section | 1826 |
| shall be
established by the registrar by rule,
but shall contain | 1827 |
| the advice
to be read to the driver and a
statement to be signed | 1828 |
| by the
driver acknowledging that
the driver has been read
the | 1829 |
| advice and
that the form was shown to the driver. | 1830 |
| (2) Upon an incident of refusal or of a prohibited | 1836 |
|
concentration of
alcohol, a controlled substance, or a metabolite | 1837 |
| of a controlled substance after one or more previous incidents of | 1838 |
|
either refusal or of a
prohibited concentration of alcohol, a | 1839 |
| controlled substance, or a metabolite of a controlled substance, | 1840 |
| the
person shall be disqualified for life
or such lesser period as | 1841 |
|
prescribed by rule by the registrar. | 1842 |
| (F) A
test
of a person's whole blood or a person's
blood | 1843 |
|
serum or plasma given under this section shall comply
with
the | 1844 |
|
applicable provisions of division (D) of section
4511.19 of
the | 1845 |
|
Revised Code and any physician, registered nurse,
or qualified | 1846 |
|
technician, chemist,
or
phlebotomist who withdraws
whole blood
or | 1847 |
|
blood serum or plasma from a
person under this section, and any | 1848 |
|
hospital, first-aid station,
clinic,
or other facility at which | 1849 |
|
whole blood
or blood serum or plasma is withdrawn
from a
person | 1850 |
|
pursuant to
this section, is immune from criminal
liability, and | 1851 |
|
from civil
liability that is based upon a claim of
assault and | 1852 |
|
battery or
based upon any other claim of malpractice,
for any act | 1853 |
|
performed
in withdrawing
whole blood
or blood serum or plasma from | 1854 |
|
the person. | 1855 |
| (G) When a person submits to a test under this section,
the | 1856 |
|
results of the test, at the person's request, shall be
made | 1857 |
|
available
to the person, the person's attorney, or
the
person's | 1858 |
|
agent, immediately upon completion
of the chemical test analysis. | 1859 |
|
The person also may have an
additional test administered by a | 1860 |
|
physician, a registered nurse,
or a qualified technician,
chemist, | 1861 |
|
or
phlebotomist of the person's own
choosing as
provided
in | 1862 |
|
division (D) of section 4511.19 of the Revised
Code for tests | 1863 |
|
administered under that section, and the failure
to obtain such a | 1864 |
|
test has the same effect as in that division. | 1865 |
| (J)(1) Except for civil actions arising out of the
operation | 1874 |
|
of a motor vehicle and civil actions in which the state
is a | 1875 |
|
plaintiff, no peace officer of any law enforcement agency
within | 1876 |
|
this state is liable in compensatory damages in any civil
action | 1877 |
|
that arises under the Revised Code or common law of this
state for | 1878 |
|
an injury, death, or loss to person or property caused
in the | 1879 |
|
performance of official duties under this section and
rules | 1880 |
|
adopted under this section, unless the officer's actions were | 1881 |
|
manifestly outside the scope of the officer's employment or | 1882 |
|
official
responsibilities, or unless the officer acted with | 1883 |
|
malicious
purpose, in bad faith, or in a wanton or reckless | 1884 |
|
manner. | 1885 |
| (2) Except for civil actions that arise out of the
operation | 1886 |
|
of a motor vehicle and civil actions in which the state
is a | 1887 |
|
plaintiff, no peace officer of any law enforcement agency
within | 1888 |
|
this state is liable in punitive or exemplary damages in
any civil | 1889 |
|
action that arises under the Revised Code or common law
of this | 1890 |
|
state for any injury, death, or loss to person or
property caused | 1891 |
|
in the performance of official duties under
this
section of the | 1892 |
|
Revised Code and rules adopted under this section,
unless the | 1893 |
|
officer's actions were manifestly outside the scope of
the | 1894 |
|
officer's employment or official responsibilities, or
unless the | 1895 |
|
officer acted with malicious purpose, in bad faith, or in a
wanton | 1896 |
|
or reckless manner. | 1897 |
| (L) The registrar immediately shall
notify a driver who is | 1901 |
|
subject to disqualification of the disqualification, of
the length | 1902 |
|
of the disqualification, and that the driver may request a hearing | 1903 |
|
within thirty days of the mailing of the notice to show cause why | 1904 |
|
the driver
should not be disqualified from operating a commercial | 1905 |
|
motor vehicle. If a
request for such a hearing is not made within | 1906 |
|
thirty days of the mailing of
the
notice, the order of | 1907 |
|
disqualification is final. The registrar may designate
hearing | 1908 |
|
examiners who, after affording all parties reasonable notice, | 1909 |
|
shall
conduct a hearing to determine whether the disqualification | 1910 |
|
order is supported
by reliable evidence. The registrar shall
adopt | 1911 |
| rules to implement this
division. | 1912 |
| (A) "Cancel" or "cancellation" means the annulment or | 1925 |
|
termination
by the bureau of motor vehicles of a driver's license, | 1926 |
|
commercial driver's
license, temporary instruction permit, | 1927 |
|
probationary
license, or nonresident operating privilege because | 1928 |
|
it was
obtained unlawfully, issued in error, altered, or willfully | 1929 |
|
destroyed, or because the holder no longer is entitled to the | 1930 |
|
license, permit, or privilege. | 1931 |
| (C) "Ignition interlock device" means a device approved by | 1935 |
|
the
director of public safety that connects a breath analyzer to a | 1936 |
|
motor vehicle's
ignition system, that is constantly available to | 1937 |
|
monitor the concentration by weight of alcohol in the breath of | 1938 |
|
any person attempting to start that motor vehicle by using its | 1939 |
|
ignition system, and that deters starting the motor vehicle by use | 1940 |
|
of its ignition system unless the person attempting to start the | 1941 |
|
vehicle provides an appropriate breath sample for the device and | 1942 |
|
the device determines that the concentration by weight of alcohol | 1943 |
|
in the person's breath is below a preset level. | 1944 |
| (E) "Moving violation" means any violation of any statute or | 1953 |
|
ordinance that regulates the operation of vehicles, streetcars, or | 1954 |
|
trackless
trolleys on the highways or streets. "Moving
violation" | 1955 |
|
does not include a violation of section 4513.263 of the
Revised | 1956 |
|
Code or a substantially equivalent municipal
ordinance, a | 1957 |
|
violation of any statute or ordinance regulating pedestrians or | 1958 |
|
the parking of vehicles, vehicle size or load
limitations, vehicle | 1959 |
|
fitness requirements, or vehicle
registration. | 1960 |
| (H) "Suspend" or "suspension" means the permanent or | 1966 |
|
temporary
withdrawal, by action of a court or the bureau of motor | 1967 |
|
vehicles, of a
driver's
license, commercial driver's license, | 1968 |
|
temporary instruction
permit, probationary license, or nonresident | 1969 |
|
operating privilege
for the period of the suspension or the | 1970 |
|
permanent or temporary
withdrawal of the privilege to obtain a | 1971 |
|
license, permit, or
privilege of that type for the period of the | 1972 |
|
suspension. | 1973 |
| Sec. 4510.032. (A) If a person is charged with a
violation | 1976 |
|
of
section 4511.19 of the Revised Code or a violation of
any | 1977 |
|
municipal OVI ordinance; if that
charge is
dismissed or
reduced; | 1978 |
|
if the person is convicted of or forfeits
bail in
relation to a | 1979 |
|
violation of any other section of the
Revised Code
or of any | 1980 |
|
ordinance
that regulates the operation of vehicles,
streetcars, | 1981 |
|
and trackless trolleys
on highways and
streets but
that does not | 1982 |
|
relate to operating a vehicle while under the
influence of | 1983 |
|
alcohol, a
drug of abuse, or a combination of them or
to operating | 1984 |
|
a
vehicle with a prohibited concentration of alcohol, a controlled | 1985 |
| substance, or a metabolite of a controlled substance
in the whole | 1986 |
|
blood, blood
serum or plasma,
breath, or urine; and
if the | 1987 |
|
violation of which the person was
convicted or in relation
to | 1988 |
|
which the person forfeited bail
arose
out of the same facts and | 1989 |
|
circumstances and the same act as did
the charge that was | 1990 |
|
dismissed or reduced, the abstract prepared
under section 4510.03 | 1991 |
|
of the Revised Code also shall set
forth the
charge that was | 1992 |
|
dismissed or reduced, indicate that it was dismissed or
reduced, | 1993 |
|
and indicate that the violation resulting in the
conviction or | 1994 |
|
bail forfeiture arose out of the same facts and
circumstances and | 1995 |
|
the same act as did the charge that was
dismissed or reduced. | 1996 |
| (B) If a charge against a person of a violation of division | 1997 |
|
(A)
of section 4510.11, division (A) of section 4510.14, or | 1998 |
|
division
(A) of section 4510.16 of the Revised Code or any | 1999 |
|
municipal ordinance that is substantially equivalent to any of | 2000 |
|
those divisions
is dismissed or reduced and if the person is | 2001 |
|
convicted of
or forfeits bail in
relation to a violation of any | 2002 |
|
other section of the Revised
Code
or any other ordinance that | 2003 |
|
regulates the operation of vehicles,
streetcars, and trackless | 2004 |
|
trolleys on highways and streets that
arose out of the same facts | 2005 |
|
and circumstances as did the charge
that was dismissed or reduced, | 2006 |
|
the abstract also shall set forth
the charge that was dismissed or | 2007 |
|
reduced, indicate that it was
dismissed or reduced, and indicate | 2008 |
|
that the violation resulting in
the conviction or bail forfeiture | 2009 |
|
arose out of the same facts
and
circumstances and the same act as | 2010 |
|
did the charge that was
dismissed or reduced. | 2011 |
| (C)(1) If a child has been adjudicated an unruly or | 2012 |
|
delinquent
child or a juvenile traffic offender for having | 2013 |
|
committed any act that if
committed by an adult would be a drug | 2014 |
|
abuse offense
or any
violation of division (B) of section 2917.11 | 2015 |
|
or of section 4511.19
of the Revised Code, the court shall notify | 2016 |
|
the bureau, by
means
of an abstract of the court record as | 2017 |
|
described in divisions (B)
and (C) of section 4510.03 of the | 2018 |
|
Revised Code,
within ten days
after the adjudication. | 2019 |
| (2) If a court requires a child to attend a drug abuse or | 2020 |
|
alcohol
abuse education, intervention, or treatment program, the | 2021 |
|
abstract
required by division (C)(1) of this section and forwarded | 2022 |
|
to the
bureau also shall include the name and address of the | 2023 |
|
operator of the program
and the date that the child entered the | 2024 |
|
program. If the child satisfactorily completes the program, the | 2025 |
|
court, immediately upon receipt of the information, shall send to | 2026 |
|
the bureau an updated abstract that also shall contain the date on | 2027 |
|
which the child satisfactorily completed the program. | 2028 |
| Sec. 4510.036. (A) The bureau of motor vehicles shall
record | 2029 |
|
within ten days, after receipt, and shall keep at its main
office, | 2030 |
| all
abstracts received under this section
or section
4510.03, | 2031 |
| 4510.031, 4510.032, or 4510.034 of the
Revised Code
and
shall | 2032 |
| maintain records of convictions and bond
forfeitures for any | 2033 |
|
violation of a state law or a municipal
ordinance regulating the | 2034 |
|
operation of vehicles, streetcars, and trackless
trolleys on | 2035 |
|
highways and
streets, except a violation related to parking a | 2036 |
|
motor vehicle. | 2037 |
| (B) Every court of record or mayor's court before which a | 2038 |
|
person
is charged with a violation for which points are chargeable | 2039 |
|
by this section
shall assess and transcribe to the abstract of | 2040 |
|
conviction that is furnished by the bureau
to the court
the number | 2041 |
|
of points
chargeable by this section in
the correct space assigned | 2042 |
|
on the
reporting form. A United States
district court that has | 2043 |
|
jurisdiction
within this state and
before
which a person is | 2044 |
|
charged with a violation
for which points
are
chargeable by this | 2045 |
|
section may
assess and transcribe to the
abstract of conviction | 2046 |
|
report that is
furnished by the bureau the
number of points | 2047 |
|
chargeable by this
section in the correct space
assigned on the | 2048 |
|
reporting form. If
the federal court so assesses
and transcribes | 2049 |
|
the points
chargeable for the offense and
furnishes the report to | 2050 |
|
the bureau, the bureau
shall record the
points in the same manner | 2051 |
|
as those assessed and transcribed by a
court of record or
mayor's | 2052 |
|
court. | 2053 |
| (6) A violation of division (A) of section 4511.19 of the | 2074 |
|
Revised
Code, any ordinance prohibiting the operation of a vehicle | 2075 |
|
while
under the influence of alcohol, a drug of abuse, or a | 2076 |
|
combination of them, or
any ordinance
substantially equivalent to | 2077 |
|
division (A) of section 4511.19 of the
Revised Code prohibiting | 2078 |
|
the operation of a vehicle with a
prohibited concentration of | 2079 |
|
alcohol, a controlled substance, or a metabolite of a controlled | 2080 |
| substance in the whole blood, blood serum or plasma,
breath, or | 2081 |
|
urine .......... 6 points | 2082 |
| (E) If a person is convicted of or forfeits bail for
two or | 2121 |
|
more offenses arising
out of the same facts and points are | 2122 |
|
chargeable for each of the offenses,
points shall be charged
for | 2123 |
|
only the conviction or bond forfeiture for which the
greater | 2124 |
|
number of points is chargeable, and, if the number of points | 2125 |
|
chargeable for each offense is equal, only one offense shall be | 2126 |
|
recorded, and points shall be charged only for that offense. | 2127 |
| Sec. 4510.17. (A) The registrar of motor vehicles
shall
| 2128 |
|
impose a class D
suspension of the
person's driver's license, | 2129 |
|
commercial driver's license,
temporary
instruction permit, | 2130 |
|
probationary license, or nonresident operating
privilege for the | 2131 |
|
period of time specified in division (B)(4) of
section 4510.02 of | 2132 |
|
the Revised Code on any person who is a
resident of
this state and | 2133 |
|
is convicted of or
pleads guilty to a
violation of
a statute of | 2134 |
|
any other state or any federal
statute
that is
substantially | 2135 |
|
similar to section 2925.02, 2925.03,
2925.04,
2925.041, 2925.05, | 2136 |
|
2925.06,
2925.11, 2925.12, 2925.13,
2925.14,
2925.22, 2925.23, | 2137 |
|
2925.31, 2925.32,
2925.36, or 2925.37
of the
Revised Code. Upon | 2138 |
|
receipt of a
report from a court, court
clerk,
or other official | 2139 |
|
of any other
state or from any federal
authority
that a resident | 2140 |
|
of this state
was convicted of or
pleaded guilty
to an
offense | 2141 |
|
described in this division, the
registrar shall send
a notice by | 2142 |
|
regular first class mail to the
person, at
the
person's last known | 2143 |
|
address as shown in the records
of the bureau
of motor vehicles, | 2144 |
|
informing the person of the
suspension, that the
suspension
will | 2145 |
|
take
effect twenty-one
days from the date of the notice, and that, | 2146 |
|
if
the person wishes
to
appeal the suspension or denial, the | 2147 |
|
person
must file a
notice
of appeal within
twenty-one days of the | 2148 |
|
date of
the notice
requesting a hearing on
the matter. If the | 2149 |
|
person
requests a
hearing, the registrar
shall hold the hearing | 2150 |
|
not more
than
forty
days after receipt by the registrar of the | 2151 |
|
notice of
appeal. The
filing of a notice of
appeal does not stay | 2152 |
|
the
operation of the
suspension
that must be imposed
pursuant to | 2153 |
|
this
division. The scope of the
hearing shall be
limited to | 2154 |
|
whether
the person actually was convicted of
or pleaded
guilty to | 2155 |
|
the
offense for which the
suspension
is to be
imposed. | 2156 |
| (B) The registrar shall
impose
a class D suspension of the | 2170 |
|
person's
driver's license, commercial
driver's license, temporary | 2171 |
|
instruction permit,
probationary
license, or nonresident operating | 2172 |
|
privilege for the period of
time
specified in division (B)(4) of | 2173 |
|
section 4510.02 of the Revised
Code on any
person who is a | 2174 |
|
resident of this state and is
convicted of
or
pleads guilty to a | 2175 |
|
violation of a statute
of any
other state
or a
municipal ordinance | 2176 |
|
of a municipal corporation
located in
any
other state that is | 2177 |
|
substantially similar to
section 4511.19
of
the Revised Code.
Upon | 2178 |
|
receipt of a report
from another state
made pursuant to
section
| 2179 |
|
4510.61 of the
Revised Code
indicating
that a resident of
this | 2180 |
|
state was
convicted
of or pleaded guilty
to an offense
described | 2181 |
|
in this
division, the
registrar shall
send
a notice by
regular | 2182 |
|
first class
mail to the person, at the
person's last known
address | 2183 |
|
as shown in
the records of the bureau
of motor
vehicles,
informing | 2184 |
|
the person
of the suspension, that the
suspension or
denial will | 2185 |
|
take effect
twenty-one
days from the date of the
notice, and that, | 2186 |
|
if
the person wishes
to appeal the suspension,
the
person must | 2187 |
|
file a
notice
of appeal within twenty-one days of
the
date of the | 2188 |
|
notice
requesting a hearing on the matter. If the
person requests | 2189 |
|
a
hearing, the registrar shall hold the hearing
not more than | 2190 |
|
forty
days after receipt by the registrar of the
notice
of appeal. | 2191 |
|
The
filing of a notice of appeal does not stay
the
operation of | 2192 |
|
the
suspension
that must be imposed
pursuant to
this
division.
The | 2193 |
| scope of the hearing shall be
limited to
whether
the person | 2194 |
|
actually was convicted of or pleaded
guilty to
the
offense for | 2195 |
|
which the suspension
is
to be
imposed. | 2196 |
| (C) The registrar shall
impose
a class D suspension of the | 2202 |
|
child's driver's license,
commercial
driver's license, temporary | 2203 |
|
instruction permit, or nonresident
operating privilege for the | 2204 |
|
period of time specified in division
(B)(4) of section 4510.02 of | 2205 |
|
the Revised Code on any
child who is
a resident of this state and | 2206 |
|
is convicted of or
pleads guilty to a
violation of a statute of | 2207 |
|
any other state or
any federal statute
that is substantially | 2208 |
|
similar to section
2925.02, 2925.03,
2925.04,
2925.041, 2925.05, | 2209 |
|
2925.06, 2925.11,
2925.12, 2925.13,
2925.14, 2925.22, 2925.23, | 2210 |
|
2925.31, 2925.32,
2925.36, or 2925.37
of the Revised Code. Upon | 2211 |
|
receipt of a report
from a court,
court
clerk, or other official | 2212 |
|
of any other state or
from any
federal
authority that a child who | 2213 |
|
is a resident of this
state
was
convicted of or pleaded guilty to | 2214 |
|
an offense described
in
this
division, the registrar shall send a | 2215 |
|
notice by regular
first
class
mail to the child, at the child's | 2216 |
|
last known address
as shown in
the records of the bureau of motor | 2217 |
|
vehicles, informing
the child
of the suspension, that the | 2218 |
|
suspension or
denial will
take effect
twenty-one days from the | 2219 |
|
date of the
notice, and that,
if the child wishes to
appeal the | 2220 |
|
suspension, the child
must file a notice of appeal within | 2221 |
|
twenty-one
days of the date of
the notice requesting a hearing on | 2222 |
|
the matter.
If the child
requests a hearing, the registrar shall | 2223 |
|
hold the
hearing not more
than forty
days after receipt by the | 2224 |
|
registrar of
the notice of
appeal. The filing of a notice of | 2225 |
|
appeal does not
stay the
operation of the suspension
that must be | 2226 |
|
imposed
pursuant to this division. The scope of the
hearing shall | 2227 |
|
be
limited to whether the child actually was convicted of
or | 2228 |
|
pleaded
guilty to the offense for which
the suspension
is to be | 2229 |
|
imposed. | 2230 |
| The
suspension the registrar is required to impose
under
this | 2231 |
|
division shall end either on the last day of
the class D | 2232 |
|
suspension period or of the suspension of the
child's nonresident | 2233 |
|
operating privilege
imposed by the state or
federal court, | 2234 |
|
whichever is earlier.
If the child is a resident of this state
who | 2235 |
|
is sixteen
years of
age or older and does not have a current, | 2236 |
|
valid Ohio
driver's or
commercial driver's license or permit, the | 2237 |
|
notice shall
inform the
child that the child will be denied | 2238 |
|
issuance of a driver's or
commercial driver's license or permit | 2239 |
|
for six months beginning on
the date of the notice. If the child | 2240 |
|
has not attained the age of
sixteen years on the date of the | 2241 |
|
notice, the notice shall inform
the child that the period of | 2242 |
|
denial of six months shall commence
on the
date the child attains | 2243 |
|
the age of sixteen years. | 2244 |
| The registrar shall subscribe to or otherwise participate
in | 2245 |
|
any information system or register, or enter into reciprocal
and | 2246 |
|
mutual agreements with other states and federal authorities,
in | 2247 |
|
order to facilitate the exchange of information with other
states | 2248 |
|
and the United States government regarding children who
are | 2249 |
|
residents of this state and plead guilty to or are convicted
of | 2250 |
|
offenses described in this division and therefore are subject
to | 2251 |
|
the suspension or denial described in this division. | 2252 |
| (D) The registrar shall
impose
a class D suspension of the | 2253 |
|
child's
driver's license, commercial
driver's license, temporary | 2254 |
|
instruction permit,
probationary
license, or nonresident operating | 2255 |
|
privilege for the period of
time
specified in division (B)(4) of | 2256 |
|
section 4510.02 of the Revised
Code on any
child who is a resident | 2257 |
|
of this state and
is convicted
of or
pleads guilty to a
violation | 2258 |
|
of a statute of
any other state
or a
municipal ordinance of a | 2259 |
|
municipal
corporation located in any
other state that is | 2260 |
|
substantially
similar to section 4511.19 of
the Revised Code.
Upon | 2261 |
|
receipt of
a report from another state
made pursuant to
section
| 2262 |
|
4510.61 of the Revised Code
indicating
that a child who
is a | 2263 |
|
resident
of this state was
convicted of or
pleaded guilty to
an | 2264 |
|
offense
described in this
division, the
registrar shall send a | 2265 |
|
notice by
regular first class
mail to the
child, at the child's | 2266 |
|
last known address
as shown in
the records
of the bureau of motor | 2267 |
|
vehicles,
informing the child
of the
suspension, that the | 2268 |
|
suspension
will
take
effect twenty-one
days from the date of the | 2269 |
|
notice, and that,
if
the
child wishes to appeal
the suspension, | 2270 |
|
the child
must file a notice
of appeal within
twenty-one days of | 2271 |
|
the date of
the notice requesting a hearing on
the matter. If the | 2272 |
|
child
requests a hearing, the registrar shall
hold the hearing not | 2273 |
|
more
than forty
days after receipt by the
registrar of the notice | 2274 |
|
of
appeal. The filing of a notice of
appeal does not stay the | 2275 |
|
operation of the suspension
that must be imposed
pursuant to this | 2276 |
|
division. The scope of the
hearing shall be
limited to whether
the | 2277 |
| child actually was convicted of
or pleaded
guilty to the
offense | 2278 |
| for which the
suspension
is to be
imposed. | 2279 |
| The
suspension the registrar is required to impose
under
this | 2280 |
|
division shall end either on the last day of
the class D | 2281 |
|
suspension period or of the suspension of the
child's nonresident | 2282 |
|
operating privilege
imposed by the state or
federal court, | 2283 |
|
whichever is earlier.
If the child is a resident of this state
who | 2284 |
|
is sixteen
years of
age or older and does not have a current, | 2285 |
|
valid Ohio
driver's or
commercial driver's license or permit, the | 2286 |
|
notice shall
inform the
child that the child will be denied | 2287 |
|
issuance of a driver's or
commercial driver's license or permit | 2288 |
|
for six months beginning on
the date of the notice. If the child | 2289 |
|
has not attained the age of
sixteen years on the date of the | 2290 |
|
notice, the notice shall inform
the child that the period of | 2291 |
|
denial of six months shall commence
on the
date the child attains | 2292 |
|
the age of sixteen years. | 2293 |
| (E) Any person whose license or permit has been suspended | 2294 |
|
pursuant to
this section may file a
petition in the municipal or | 2295 |
| county court, or in case the person
is under
eighteen years of | 2296 |
| age, the juvenile court, in whose
jurisdiction the person
resides, | 2297 |
| agreeing to
pay the cost of the
proceedings and alleging that the | 2298 |
| suspension
would seriously
affect the person's ability to continue | 2299 |
| the person's
employment.
Upon satisfactory proof that there is | 2300 |
| reasonable cause to believe
that the suspension would seriously | 2301 |
| affect the person's ability to
continue
the person's employment, | 2302 |
| the judge may grant the person
limited driving
privileges during | 2303 |
| the period during
which the
suspension otherwise would be
imposed, | 2304 |
| except that the
judge shall
not grant
limited driving
privileges | 2305 |
| for
employment as a
driver
of a commercial motor vehicle to any | 2306 |
|
person
who would be
disqualified from operating a commercial motor | 2307 |
|
vehicle under
section 4506.16
of the Revised Code if the violation | 2308 |
|
had occurred
in this state, or during any
of the following periods | 2309 |
|
of time: | 2310 |
| (e) Division (A)(2), (3), or (4) of
section 2903.06,
division | 2330 |
| (A)(2) of section
2903.08, or
as it existed prior
to
March 23, | 2331 |
| 2000, section 2903.07 of
the Revised
Code, or
a
municipal | 2332 |
|
ordinance that is substantially
similar to any of those
divisions | 2333 |
|
or that former section,
in a
case in which the jury or
judge found | 2334 |
|
that the
person was under
the influence of alcohol, a
drug of | 2335 |
|
abuse, or
alcohol and a drug
of abuse. | 2336 |
| If a person petitions for
limited driving
privileges
under | 2352 |
|
division (E) of this section, the registrar shall
be
represented | 2353 |
|
by the county prosecutor of the county in which
the
person resides | 2354 |
|
if the petition is filed in a juvenile court
or
county court, | 2355 |
|
except that if the person resides within a city
or
village that is | 2356 |
|
located within the jurisdiction of the county
in
which the | 2357 |
|
petition is filed, the city director of law or
village
solicitor | 2358 |
|
of that city or village shall represent the
registrar.
If the | 2359 |
|
petition is filed in a municipal court, the
registrar shall
be | 2360 |
|
represented as provided in section 1901.34
of the Revised Code. | 2361 |
| In granting
limited driving privileges under
division
(E) of | 2362 |
|
this section, the court may impose any condition
it
considers | 2363 |
|
reasonable and necessary to limit the use of a
vehicle
by the | 2364 |
|
person. The court shall deliver to the person a
permit
card, in a | 2365 |
|
form to be prescribed by the court, setting
forth the
time, place, | 2366 |
|
and other conditions limiting the person's
use of a
motor vehicle. | 2367 |
|
The grant of
limited driving
privileges shall
be conditioned upon | 2368 |
|
the person's having the
permit in the person's
possession at all | 2369 |
|
times during which
the
person is
operating a
vehicle. | 2370 |
| (1)
"Child" means a person who is under the age of
eighteen | 2377 |
|
years, except that any person who violates a statute or
ordinance | 2378 |
|
described in division (C) or (D) of this section prior
to | 2379 |
|
attaining eighteen years of age shall be deemed a
"child" | 2380 |
|
irrespective of the person's age at the time the complaint
or | 2381 |
|
other
equivalent document is filed in the other state or a | 2382 |
|
hearing,
trial, or other proceeding is held in the other state on | 2383 |
|
the
complaint or other equivalent document, and irrespective of | 2384 |
|
the
person's
age when the period of license suspension or denial | 2385 |
|
prescribed in
division (C) or (D) of this section is imposed. | 2386 |
| (4) If the suspension was imposed because the person was | 2425 |
|
under
the influence of alcohol, a drug of abuse, or combination of | 2426 |
|
them at the
time of the offense or because at the time of the | 2427 |
|
offense the person's whole blood, blood serum or plasma, breath, | 2428 |
|
or urine contained at least the concentration of alcohol specified | 2429 |
|
in division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the | 2430 |
|
Revised Code or at least the concentration of a listed controlled | 2431 |
| substance or a listed metabolite of a controlled substance | 2432 |
| specified in division (A)(1)(j) of section 4511.19 of the Revised | 2433 |
| Code, the person also shall demonstrate
all of the
following: | 2434 |
| (B) Upon receipt of a motion for modification or termination | 2441 |
|
of
the suspension under this section, the court may schedule a | 2442 |
|
hearing on the
motion. The court may deny the motion without a | 2443 |
| hearing but shall not grant the motion without a hearing. If the | 2444 |
| court denies a motion without a hearing, the court may consider a | 2445 |
| subsequent motion filed under this section by that person. If a | 2446 |
| court denies the motion after a hearing, the court shall not | 2447 |
| consider a subsequent motion for that person. The court shall hear | 2448 |
| only one motion filed by a person under this section. If | 2449 |
| scheduled, the hearing shall be
conducted
in open court within | 2450 |
| ninety days after the date on which
the
motion is filed. | 2451 |
| (D) At any hearing under this section, the person who seeks | 2458 |
|
modification or termination of the suspension has the burden to | 2459 |
|
demonstrate,
under oath, that the person meets the requirements
of | 2460 |
|
division (A) of this section. At the hearing, the court
shall | 2461 |
|
afford the offender or the offender's counsel an opportunity
to | 2462 |
|
present oral or written information relevant to the motion.
The | 2463 |
|
court shall afford a similar opportunity to provide relevant | 2464 |
|
information to the prosecuting attorney and the victim or victim's | 2465 |
|
representative. | 2466 |
| Before ruling on the motion, the court shall take into | 2467 |
|
account the
person's driving record, the nature of the offense | 2468 |
|
that led to the
suspension, and the impact of the offense on any | 2469 |
|
victim. In addition,
if the offender is eligible for modification | 2470 |
|
or termination of the
suspension under division (A)(2) of this | 2471 |
|
section, the court shall
consider whether the person committed any | 2472 |
|
other offense while under suspension
and determine whether the | 2473 |
|
offense is relevant to a determination under this
section. The | 2474 |
|
court may modify or terminate the suspension subject to any | 2475 |
|
considerations it considers proper if it finds that allowing the | 2476 |
|
person to drive is not likely to present a danger to the public.
| 2477 |
|
After the court makes a ruling on a motion filed under this | 2478 |
|
section, the
prosecuting attorney shall notify the victim
or the | 2479 |
|
victim's representative of the court's ruling. | 2480 |
| (5) A violation of division (A)(2), (3), or (4) of section | 2500 |
|
2903.06, division (A)(2) of section 2903.08, or former section | 2501 |
|
2903.07
of the Revised Code, or a municipal ordinance that is | 2502 |
|
substantially equivalent to any of
those divisions or that former | 2503 |
|
section, in a case in which a judge or jury as
the trier of fact | 2504 |
|
found that the offender was under the influence of alcohol, a drug | 2505 |
|
of
abuse, or a combination of them; | 2506 |
| (C)
"Municipal OVI ordinance" and "municipal
OVI offense" | 2526 |
|
mean any
municipal ordinance prohibiting a person from operating a | 2527 |
|
vehicle while under
the influence of alcohol, a drug of abuse, or | 2528 |
|
a combination of them or
prohibiting
a person from operating a | 2529 |
|
vehicle with a prohibited concentration
of alcohol, a controlled | 2530 |
| substance, or a metabolite of a controlled substance in the whole | 2531 |
|
blood, blood serum or plasma, breath, or
urine. | 2532 |
| (b) Subsequent to being arrested for operating the vehicle, | 2655 |
| streetcar, or trackless trolley as described in division (A)(2)(a) | 2656 |
| of this section, being asked by a law enforcement officer to | 2657 |
| submit to a chemical test or tests under section 4511.191 of the | 2658 |
| Revised Code, and being advised by the officer in accordance with | 2659 |
| section 4511.192 of the Revised Code of the consequences of the | 2660 |
| person's refusal or submission to the test or tests, refuse to | 2661 |
| submit to the test or tests. | 2662 |