As Reported by the House Criminal Justice Committee

129th General Assembly
Regular Session
2011-2012
Sub. H. B. No. 524


Representatives McGregor, Heard 

Cosponsors: Representatives Williams, Sears, Garland, Driehaus, Brenner, Fedor, Yuko, Winburn, Antonio, Phillips, Letson, Conditt 



A BILL
To amend sections 109.57, 109.572, 109.578, 2151.356, 1
2152.02, 2152.18, 2152.26, 2705.031, 2907.24, 2
2913.02, 2923.122, 2925.14, 2925.38, 2947.23, 3
2949.08, 2953.31, 2953.32, 2953.34, 2953.36, 4
2967.191, 3119.01, 3119.05, 3123.58, 3772.10, 5
4301.99, 4501.02, 4503.233, 4503.234, 4507.02, 6
4507.164, 4509.06, 4509.101, 4510.10, 4510.11, 7
4510.111, 4510.16, 4510.161, 4510.17, 4510.41, 8
4510.54, 4513.02, 4513.021, 4513.99, 4713.07, 9
4713.28, 4725.44, 4725.48, 4725.52, 4725.53, 10
4738.04, 4738.07, 4740.05, 4740.06, 4740.10, 11
4747.04, 4747.05, 4747.10, 4747.12, 4749.03, 12
4749.04, 4749.06, 4776.04, 5111.032, 5111.033, 13
5111.034, 5120.07, 5502.011, and 5743.99, and to 14
enact sections 2925.141, 2953.25, 4776.021, and 15
4776.10 of the Revised Code to exclude most 16
juvenile proceedings and adjudications from 17
criminal records checks; to ensure that persons 18
sentenced to confinement receive credit for time 19
served in juvenile facilities; to expand 20
eligibility for the sealing of criminal records 21
and to eliminate the prohibition of the sealing of 22
juvenile records in certain cases; to make the use 23
or possession with purpose to use drug 24
paraphernalia with marihuana a minor misdemeanor; 25
to provide that a court's failure to warn an 26
offender at sentencing about the possibility that 27
the court may order community service if the 28
offender fails to pay the costs of prosecution 29
does not negate or limit the authority of the 30
court to so order community service; to permit an 31
individual subject to civil sanctions as a result 32
of a conviction of or plea of guilty to a criminal 33
offense to file a petition for relief from the 34
sanctions and establish a procedure for the review 35
of such petitions; to permit the court of common 36
pleas of the individual's county of residence to 37
issue a certificate of qualification for 38
employment; to permit decision-makers to consider 39
on a case-by-case basis whether to grant or deny 40
the issuance or restoration of an occupational 41
license or employment opportunity to an offender 42
who has been issued such a certificate regardless 43
of the offender's possession of the certificate 44
and without reconsidering or rejecting any finding 45
made by the issuing court; to provide for the 46
revocation of a certificate of qualification for 47
employment; to increase from eighteen to 48
twenty-one the age at which certain offenders may 49
be held in places not authorized for the 50
confinement of children; to increase the juvenile 51
court's jurisdiction over certain specified cases 52
solely for the purpose of detaining a person while 53
the person's case is heard in adult court; to 54
create a process by which a prosecutor may file a 55
motion in juvenile court to request that a person 56
be held in a place other than those specified for 57
the placement for children while the person's case 58
is heard in adult court; to amend the law 59
governing child support; to modify the penalty for 60
driving under suspension if the suspension was 61
imposed as part of the penalty for certain 62
violations that do not directly involve the 63
operation of a motor vehicle; to make changes in 64
certain other driver's license suspension 65
provisions; to require the Department of Public 66
Safety to study the advisability and feasibility 67
of a one-time amnesty program for drivers who have 68
not paid fees or fines owed by them for motor 69
vehicle offenses and driver's license suspensions; 70
to define the terms moral turpitude and 71
disqualifying offense as applied to certain 72
employment; to provide for criminal records checks 73
and a license issuance restriction regarding 74
applicants for a trainee license for a profession 75
or occupation; to require the Casino Control 76
Commission to notify each applicant for a license 77
from the Commission who is denied the license of 78
the reasons for the denial and to provide an 79
annual report to the General Assembly and Governor 80
that specifies the number of license applications 81
denied in the year and the reasons for the denial; 82
to add an ex-offender appointed by the Director of 83
Rehabilitation and Correction to the Ex-offender 84
Reentry Coalition; and to prohibit the preclusion 85
of individuals from obtaining or renewing certain 86
licenses, certifications, or permits due to any 87
past criminal history unless the individual had 88
committed a crime of moral turpitude or a 89
disqualifying offense.90


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

       Section 1. That sections 109.57, 109.572, 109.578, 2151.356, 91
2152.02, 2152.18, 2152.26, 2705.031, 2907.24, 2913.02, 2923.122, 92
2925.14, 2925.38, 2947.23, 2949.08, 2953.31, 2953.32, 2953.34, 93
2953.36, 2967.191, 3119.01, 3119.05, 3123.58, 3772.10, 4301.99, 94
4501.02, 4503.233, 4503.234, 4507.02, 4507.164, 4509.06, 4509.101, 95
4510.10, 4510.11, 4510.111, 4510.16, 4510.161, 4510.17, 4510.41, 96
4510.54, 4513.02, 4513.021, 4513.99, 4713.07, 4713.28, 4725.44, 97
4725.48, 4725.52, 4725.53, 4738.04, 4738.07, 4740.05, 4740.06, 98
4740.10, 4747.04, 4747.05, 4747.10, 4747.12, 4749.03, 4749.04, 99
4749.06, 4776.04, 5111.032, 5111.033, 5111.034, 5120.07, 5502.011, 100
and 5743.99 be amended, and sections 2925.141, 2953.25, 4776.021, 101
and 4776.10 of the Revised Code be enacted to read as follows:102

       Sec. 109.57.  (A)(1) The superintendent of the bureau of 103
criminal identification and investigation shall procure from 104
wherever procurable and file for record photographs, pictures, 105
descriptions, fingerprints, measurements, and other information 106
that may be pertinent of all persons who have been convicted of 107
committing within this state a felony, any crime constituting a 108
misdemeanor on the first offense and a felony on subsequent 109
offenses, or any misdemeanor described in division (A)(1)(a), 110
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, 111
of all children under eighteen years of age who have been 112
adjudicated delinquent children for committing within this state 113
an act that would be a felony or an offense of violence if 114
committed by an adult or who have been convicted of or pleaded 115
guilty to committing within this state a felony or an offense of 116
violence, and of all well-known and habitual criminals. The person 117
in charge of any county, multicounty, municipal, municipal-county, 118
or multicounty-municipal jail or workhouse, community-based 119
correctional facility, halfway house, alternative residential 120
facility, or state correctional institution and the person in 121
charge of any state institution having custody of a person 122
suspected of having committed a felony, any crime constituting a 123
misdemeanor on the first offense and a felony on subsequent 124
offenses, or any misdemeanor described in division (A)(1)(a), 125
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or 126
having custody of a child under eighteen years of age with respect 127
to whom there is probable cause to believe that the child may have 128
committed an act that would be a felony or an offense of violence 129
if committed by an adult shall furnish such material to the 130
superintendent of the bureau. Fingerprints, photographs, or other 131
descriptive information of a child who is under eighteen years of 132
age, has not been arrested or otherwise taken into custody for 133
committing an act that would be a felony or an offense of violence 134
who is not in any other category of child specified in this 135
division, if committed by an adult, has not been adjudicated a 136
delinquent child for committing an act that would be a felony or 137
an offense of violence if committed by an adult, has not been 138
convicted of or pleaded guilty to committing a felony or an 139
offense of violence, and is not a child with respect to whom there 140
is probable cause to believe that the child may have committed an 141
act that would be a felony or an offense of violence if committed 142
by an adult shall not be procured by the superintendent or 143
furnished by any person in charge of any county, multicounty, 144
municipal, municipal-county, or multicounty-municipal jail or 145
workhouse, community-based correctional facility, halfway house, 146
alternative residential facility, or state correctional 147
institution, except as authorized in section 2151.313 of the 148
Revised Code. 149

       (2) Every clerk of a court of record in this state, other 150
than the supreme court or a court of appeals, shall send to the 151
superintendent of the bureau a weekly report containing a summary 152
of each case involving a felony, involving any crime constituting 153
a misdemeanor on the first offense and a felony on subsequent 154
offenses, involving a misdemeanor described in division (A)(1)(a), 155
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, 156
or involving an adjudication in a case in which a child under 157
eighteen years of age was alleged to be a delinquent child for 158
committing an act that would be a felony or an offense of violence 159
if committed by an adult. The clerk of the court of common pleas 160
shall include in the report and summary the clerk sends under this 161
division all information described in divisions (A)(2)(a) to (f) 162
of this section regarding a case before the court of appeals that 163
is served by that clerk. The summary shall be written on the 164
standard forms furnished by the superintendent pursuant to 165
division (B) of this section and shall include the following 166
information: 167

       (a) The incident tracking number contained on the standard 168
forms furnished by the superintendent pursuant to division (B) of 169
this section; 170

       (b) The style and number of the case; 171

       (c) The date of arrest, offense, summons, or arraignment; 172

       (d) The date that the person was convicted of or pleaded 173
guilty to the offense, adjudicated a delinquent child for 174
committing the act that would be a felony or an offense of 175
violence if committed by an adult, found not guilty of the 176
offense, or found not to be a delinquent child for committing an 177
act that would be a felony or an offense of violence if committed 178
by an adult, the date of an entry dismissing the charge, an entry 179
declaring a mistrial of the offense in which the person is 180
discharged, an entry finding that the person or child is not 181
competent to stand trial, or an entry of a nolle prosequi, or the 182
date of any other determination that constitutes final resolution 183
of the case; 184

       (e) A statement of the original charge with the section of 185
the Revised Code that was alleged to be violated; 186

       (f) If the person or child was convicted, pleaded guilty, or 187
was adjudicated a delinquent child, the sentence or terms of 188
probation imposed or any other disposition of the offender or the 189
delinquent child. 190

       If the offense involved the disarming of a law enforcement 191
officer or an attempt to disarm a law enforcement officer, the 192
clerk shall clearly state that fact in the summary, and the 193
superintendent shall ensure that a clear statement of that fact is 194
placed in the bureau's records. 195

       (3) The superintendent shall cooperate with and assist 196
sheriffs, chiefs of police, and other law enforcement officers in 197
the establishment of a complete system of criminal identification 198
and in obtaining fingerprints and other means of identification of 199
all persons arrested on a charge of a felony, any crime 200
constituting a misdemeanor on the first offense and a felony on 201
subsequent offenses, or a misdemeanor described in division 202
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the 203
Revised Code and of all children under eighteen years of age 204
arrested or otherwise taken into custody for committing an act 205
that would be a felony or an offense of violence if committed by 206
an adult. The superintendent also shall file for record the 207
fingerprint impressions of all persons confined in a county, 208
multicounty, municipal, municipal-county, or multicounty-municipal 209
jail or workhouse, community-based correctional facility, halfway 210
house, alternative residential facility, or state correctional 211
institution for the violation of state laws and of all children 212
under eighteen years of age who are confined in a county, 213
multicounty, municipal, municipal-county, or multicounty-municipal 214
jail or workhouse, community-based correctional facility, halfway 215
house, alternative residential facility, or state correctional 216
institution or in any facility for delinquent children for 217
committing an act that would be a felony or an offense of violence 218
if committed by an adult, and any other information that the 219
superintendent may receive from law enforcement officials of the 220
state and its political subdivisions. 221

       (4) The superintendent shall carry out Chapter 2950. of the 222
Revised Code with respect to the registration of persons who are 223
convicted of or plead guilty to a sexually oriented offense or a 224
child-victim oriented offense and with respect to all other duties 225
imposed on the bureau under that chapter. 226

       (5) The bureau shall perform centralized recordkeeping 227
functions for criminal history records and services in this state 228
for purposes of the national crime prevention and privacy compact 229
set forth in section 109.571 of the Revised Code and is the 230
criminal history record repository as defined in that section for 231
purposes of that compact. The superintendent or the 232
superintendent's designee is the compact officer for purposes of 233
that compact and shall carry out the responsibilities of the 234
compact officer specified in that compact. 235

       (B) The superintendent shall prepare and furnish to every 236
county, multicounty, municipal, municipal-county, or 237
multicounty-municipal jail or workhouse, community-based 238
correctional facility, halfway house, alternative residential 239
facility, or state correctional institution and to every clerk of 240
a court in this state specified in division (A)(2) of this section 241
standard forms for reporting the information required under 242
division (A) of this section. The standard forms that the 243
superintendent prepares pursuant to this division may be in a 244
tangible format, in an electronic format, or in both tangible 245
formats and electronic formats. 246

       (C)(1) The superintendent may operate a center for 247
electronic, automated, or other data processing for the storage 248
and retrieval of information, data, and statistics pertaining to 249
criminals and to children under eighteen years of age who are 250
adjudicated delinquent children for committing an act that would 251
be a felony or an offense of violence if committed by an adult, 252
criminal activity, crime prevention, law enforcement, and criminal 253
justice, and may establish and operate a statewide communications 254
network to be known as the Ohio law enforcement gateway to gather 255
and disseminate information, data, and statistics for the use of 256
law enforcement agencies and for other uses specified in this 257
division. The superintendent may gather, store, retrieve, and 258
disseminate information, data, and statistics that pertain to 259
children who are under eighteen years of age and that are gathered 260
pursuant to sections 109.57 to 109.61 of the Revised Code together 261
with information, data, and statistics that pertain to adults and 262
that are gathered pursuant to those sections. 263

       (2) The superintendent or the superintendent's designee shall 264
gather information of the nature described in division (C)(1) of 265
this section that pertains to the offense and delinquency history 266
of a person who has been convicted of, pleaded guilty to, or been 267
adjudicated a delinquent child for committing a sexually oriented 268
offense or a child-victim oriented offense for inclusion in the 269
state registry of sex offenders and child-victim offenders 270
maintained pursuant to division (A)(1) of section 2950.13 of the 271
Revised Code and in the internet database operated pursuant to 272
division (A)(13) of that section and for possible inclusion in the 273
internet database operated pursuant to division (A)(11) of that 274
section. 275

        (3) In addition to any other authorized use of information, 276
data, and statistics of the nature described in division (C)(1) of 277
this section, the superintendent or the superintendent's designee 278
may provide and exchange the information, data, and statistics 279
pursuant to the national crime prevention and privacy compact as 280
described in division (A)(5) of this section. 281

       (4) The attorney general may adopt rules under Chapter 119. 282
of the Revised Code establishing guidelines for the operation of 283
and participation in the Ohio law enforcement gateway. The rules 284
may include criteria for granting and restricting access to 285
information gathered and disseminated through the Ohio law 286
enforcement gateway. The attorney general shall permit the state 287
medical board and board of nursing to access and view, but not 288
alter, information gathered and disseminated through the Ohio law 289
enforcement gateway.290

       The attorney general may appoint a steering committee to 291
advise the attorney general in the operation of the Ohio law 292
enforcement gateway that is comprised of persons who are 293
representatives of the criminal justice agencies in this state 294
that use the Ohio law enforcement gateway and is chaired by the 295
superintendent or the superintendent's designee.296

       (D)(1) The following are not public records under section 297
149.43 of the Revised Code:298

       (a) Information and materials furnished to the superintendent 299
pursuant to division (A) of this section;300

       (b) Information, data, and statistics gathered or 301
disseminated through the Ohio law enforcement gateway pursuant to 302
division (C)(1) of this section;303

       (c) Information and materials furnished to any board or 304
person under division (F) or (G) of this section.305

       (2) The superintendent or the superintendent's designee shall 306
gather and retain information so furnished under division (A) of 307
this section that pertains to the offense and delinquency history 308
of a person who has been convicted of, pleaded guilty to, or been 309
adjudicated a delinquent child for committing a sexually oriented 310
offense or a child-victim oriented offense for the purposes 311
described in division (C)(2) of this section. 312

       (E)(1) The attorney general shall adopt rules, in accordance 313
with Chapter 119. of the Revised Code and subject to division 314
(E)(2) of this section, setting forth the procedure by which a 315
person may receive or release information gathered by the 316
superintendent pursuant to division (A) of this section. A 317
reasonable fee may be charged for this service. If a temporary 318
employment service submits a request for a determination of 319
whether a person the service plans to refer to an employment 320
position has been convicted of or pleaded guilty to an offense 321
listed in division (A)(1), (3), (4), (5), or (6) of section 322
109.572 of the Revised Code, the request shall be treated as a 323
single request and only one fee shall be charged. 324

       (2) Except as otherwise provided in this division, a rule 325
adopted under division (E)(1) of this section may provide only for 326
the release of information gathered pursuant to division (A) of 327
this section that relates to the conviction of a person, or a 328
person's plea of guilty to, a criminal offense. The superintendent 329
shall not release, and the attorney general shall not adopt any 330
rule under division (E)(1) of this section that permits the 331
release of, any information gathered pursuant to division (A) of 332
this section that relates to an adjudication of a child as a 333
delinquent child, or that relates to a criminal conviction of a 334
person under eighteen years of age if the person's case was 335
transferred back to a juvenile court under division (B)(2) or (3) 336
of section 2152.121 of the Revised Code and the juvenile court 337
imposed a disposition or serious youthful offender disposition 338
upon the person under either division, unless either of the 339
following applies with respect to the adjudication or conviction:340

       (a) The adjudication or conviction was for a violation of 341
section 2903.01 or 2903.02 of the Revised Code.342

       (b) The adjudication or conviction was for a sexually 343
oriented offense, the juvenile court was required to classify the 344
child a juvenile offender registrant for that offense under 345
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that 346
classification has not been removed.347

       (F)(1) As used in division (F)(2) of this section, "head 348
start agency" means an entity in this state that has been approved 349
to be an agency for purposes of subchapter II of the "Community 350
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, 351
as amended. 352

       (2)(a) In addition to or in conjunction with any request that 353
is required to be made under section 109.572, 2151.86, 3301.32, 354
3301.541, division (C) of section 3310.58, or section 3319.39, 355
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, 356
5126.28, 5126.281, or 5153.111 of the Revised Code or that is made 357
under section 3314.41, 3319.392, 3326.25, or 3328.20 of the 358
Revised Code, the board of education of any school district; the 359
director of developmental disabilities; any county board of 360
developmental disabilities; any entity under contract with a 361
county board of developmental disabilities; the chief 362
administrator of any chartered nonpublic school; the chief 363
administrator of a registered private provider that is not also a 364
chartered nonpublic school; the chief administrator of any home 365
health agency; the chief administrator of or person operating any 366
child day-care center, type A family day-care home, or type B 367
family day-care home licensed or certified under Chapter 5104. of 368
the Revised Code; the administrator of any type C family day-care 369
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st 370
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st 371
general assembly; the chief administrator of any head start 372
agency; the executive director of a public children services 373
agency; a private company described in section 3314.41, 3319.392, 374
3326.25, or 3328.20 of the Revised Code; or an employer described 375
in division (J)(2) of section 3327.10 of the Revised Code may 376
request that the superintendent of the bureau investigate and 377
determine, with respect to any individual who has applied for 378
employment in any position after October 2, 1989, or any 379
individual wishing to apply for employment with a board of 380
education may request, with regard to the individual, whether the 381
bureau has any information gathered under division (A) of this 382
section that pertains to that individual. On receipt of the 383
request, subject to division (E)(2) of this section, the 384
superintendent shall determine whether that information exists 385
and, upon request of the person, board, or entity requesting 386
information, also shall request from the federal bureau of 387
investigation any criminal records it has pertaining to that 388
individual. The superintendent or the superintendent's designee 389
also may request criminal history records from other states or the 390
federal government pursuant to the national crime prevention and 391
privacy compact set forth in section 109.571 of the Revised Code. 392
Within thirty days of the date that the superintendent receives a 393
request, subject to division (E)(2) of this section, the 394
superintendent shall send to the board, entity, or person a report 395
of any information that the superintendent determines exists, 396
including information contained in records that have been sealed 397
under section 2953.32 of the Revised Code, and, within thirty days 398
of its receipt, subject to division (E)(2) of this section, shall 399
send the board, entity, or person a report of any information 400
received from the federal bureau of investigation, other than 401
information the dissemination of which is prohibited by federal 402
law. 403

       (b) When a board of education or a registered private 404
provider is required to receive information under this section as 405
a prerequisite to employment of an individual pursuant to division 406
(C) of section 3310.58 or section 3319.39 of the Revised Code, it 407
may accept a certified copy of records that were issued by the 408
bureau of criminal identification and investigation and that are 409
presented by an individual applying for employment with the 410
district in lieu of requesting that information itself. In such a 411
case, the board shall accept the certified copy issued by the 412
bureau in order to make a photocopy of it for that individual's 413
employment application documents and shall return the certified 414
copy to the individual. In a case of that nature, a district or 415
provider only shall accept a certified copy of records of that 416
nature within one year after the date of their issuance by the 417
bureau. 418

       (c) Notwithstanding division (F)(2)(a) of this section, in 419
the case of a request under section 3319.39, 3319.391, or 3327.10 420
of the Revised Code only for criminal records maintained by the 421
federal bureau of investigation, the superintendent shall not 422
determine whether any information gathered under division (A) of 423
this section exists on the person for whom the request is made.424

       (3) The state board of education may request, with respect to 425
any individual who has applied for employment after October 2, 426
1989, in any position with the state board or the department of 427
education, any information that a school district board of 428
education is authorized to request under division (F)(2) of this 429
section, and the superintendent of the bureau shall proceed as if 430
the request has been received from a school district board of 431
education under division (F)(2) of this section. 432

       (4) When the superintendent of the bureau receives a request 433
for information under section 3319.291 of the Revised Code, the 434
superintendent shall proceed as if the request has been received 435
from a school district board of education and shall comply with 436
divisions (F)(2)(a) and (c) of this section. 437

       (5) When a recipient of a classroom reading improvement grant 438
paid under section 3301.86 of the Revised Code requests, with 439
respect to any individual who applies to participate in providing 440
any program or service funded in whole or in part by the grant, 441
the information that a school district board of education is 442
authorized to request under division (F)(2)(a) of this section, 443
the superintendent of the bureau shall proceed as if the request 444
has been received from a school district board of education under 445
division (F)(2)(a) of this section. 446

       (G) In addition to or in conjunction with any request that is 447
required to be made under section 3701.881, 3712.09, 3721.121, 448
5119.693, or 5119.85 of the Revised Code with respect to an 449
individual who has applied for employment in a position that 450
involves providing direct care to an older adult or adult 451
resident, the chief administrator of a home health agency, hospice 452
care program, home licensed under Chapter 3721. of the Revised 453
Code, adult day-care program operated pursuant to rules adopted 454
under section 3721.04 of the Revised Code, adult foster home, or 455
adult care facility may request that the superintendent of the 456
bureau investigate and determine, with respect to any individual 457
who has applied after January 27, 1997, for employment in a 458
position that does not involve providing direct care to an older 459
adult or adult resident, whether the bureau has any information 460
gathered under division (A) of this section that pertains to that 461
individual. 462

       In addition to or in conjunction with any request that is 463
required to be made under section 173.27 of the Revised Code with 464
respect to an individual who has applied for employment in a 465
position that involves providing ombudsperson services to 466
residents of long-term care facilities or recipients of 467
community-based long-term care services, the state long-term care 468
ombudsperson, ombudsperson's designee, or director of health may 469
request that the superintendent investigate and determine, with 470
respect to any individual who has applied for employment in a 471
position that does not involve providing such ombudsperson 472
services, whether the bureau has any information gathered under 473
division (A) of this section that pertains to that applicant. 474

       In addition to or in conjunction with any request that is 475
required to be made under section 173.394 of the Revised Code with 476
respect to an individual who has applied for employment in a 477
position that involves providing direct care to an individual, the 478
chief administrator of a community-based long-term care agency may 479
request that the superintendent investigate and determine, with 480
respect to any individual who has applied for employment in a 481
position that does not involve providing direct care, whether the 482
bureau has any information gathered under division (A) of this 483
section that pertains to that applicant. 484

       On receipt of a request under this division, the 485
superintendent shall determine whether that information exists 486
and, on request of the individual requesting information, shall 487
also request from the federal bureau of investigation any criminal 488
records it has pertaining to the applicant. The superintendent or 489
the superintendent's designee also may request criminal history 490
records from other states or the federal government pursuant to 491
the national crime prevention and privacy compact set forth in 492
section 109.571 of the Revised Code. Within thirty days of the 493
date a request is received, subject to division (E)(2) of this 494
section, the superintendent shall send to the requester a report 495
of any information determined to exist, including information 496
contained in records that have been sealed under section 2953.32 497
of the Revised Code, and, within thirty days of its receipt, shall 498
send the requester a report of any information received from the 499
federal bureau of investigation, other than information the 500
dissemination of which is prohibited by federal law. 501

       (H) Information obtained by a government entity or person 502
under this section is confidential and shall not be released or 503
disseminated. 504

       (I) The superintendent may charge a reasonable fee for 505
providing information or criminal records under division (F)(2) or 506
(G) of this section. 507

       (J) As used in this section:508

       (1) "Sexually oriented offense" and "child-victim oriented 509
offense" have the same meanings as in section 2950.01 of the 510
Revised Code.511

       (2) "Registered private provider" means a nonpublic school or 512
entity registered with the superintendent of public instruction 513
under section 3310.41 of the Revised Code to participate in the 514
autism scholarship program or section 3310.58 of the Revised Code 515
to participate in the Jon Peterson special needs scholarship 516
program.517

       Sec. 109.572. (A)(1) Upon receipt of a request pursuant to 518
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code, 519
a completed form prescribed pursuant to division (C)(1) of this 520
section, and a set of fingerprint impressions obtained in the 521
manner described in division (C)(2) of this section, the 522
superintendent of the bureau of criminal identification and 523
investigation shall conduct a criminal records check in the manner 524
described in division (B) of this section to determine whether any 525
information exists that indicates that the person who is the 526
subject of the request previously has been convicted of or pleaded 527
guilty to any of the following:528

       (a) A violation of section 2903.01, 2903.02, 2903.03, 529
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 530
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 531
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 532
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 533
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 534
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 535
2925.06, or 3716.11 of the Revised Code, felonious sexual 536
penetration in violation of former section 2907.12 of the Revised 537
Code, a violation of section 2905.04 of the Revised Code as it 538
existed prior to July 1, 1996, a violation of section 2919.23 of 539
the Revised Code that would have been a violation of section 540
2905.04 of the Revised Code as it existed prior to July 1, 1996, 541
had the violation been committed prior to that date, or a 542
violation of section 2925.11 of the Revised Code that is not a 543
minor drug possession offense;544

       (b) A violation of an existing or former law of this state, 545
any other state, or the United States that is substantially 546
equivalent to any of the offenses listed in division (A)(1)(a) of 547
this section.548

       (2) On receipt of a request pursuant to section 5123.081 of 549
the Revised Code with respect to an applicant for employment in 550
any position with the department of developmental disabilities, 551
pursuant to section 5126.28 of the Revised Code with respect to an 552
applicant for employment in any position with a county board of 553
developmental disabilities, or pursuant to section 5126.281 of the 554
Revised Code with respect to an applicant for employment in a 555
direct services position with an entity contracting with a county 556
board for employment, a completed form prescribed pursuant to 557
division (C)(1) of this section, and a set of fingerprint 558
impressions obtained in the manner described in division (C)(2) of 559
this section, the superintendent of the bureau of criminal 560
identification and investigation shall conduct a criminal records 561
check. The superintendent shall conduct the criminal records check 562
in the manner described in division (B) of this section to 563
determine whether any information exists that indicates that the 564
person who is the subject of the request has been convicted of or 565
pleaded guilty to any of the following:566

       (a) A violation of section 2903.01, 2903.02, 2903.03, 567
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 568
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 569
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 570
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 571
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 572
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 573
2925.03, or 3716.11 of the Revised Code;574

       (b) An existing or former municipal ordinance or law of this 575
state, any other state, or the United States that is substantially 576
equivalent to any of the offenses listed in division (A)(2)(a) of 577
this section.578

       (3) On receipt of a request pursuant to section 173.27, 579
173.394, 3712.09, 3721.121, 5119.693, or 5119.85 of the Revised 580
Code, a completed form prescribed pursuant to division (C)(1) of 581
this section, and a set of fingerprint impressions obtained in the 582
manner described in division (C)(2) of this section, the 583
superintendent of the bureau of criminal identification and 584
investigation shall conduct a criminal records check with respect 585
to any person who has applied for employment in a position for 586
which a criminal records check is required by those sections. The 587
superintendent shall conduct the criminal records check in the 588
manner described in division (B) of this section to determine 589
whether any information exists that indicates that the person who 590
is the subject of the request previously has been convicted of or 591
pleaded guilty to any of the following:592

       (a) A violation of section 2903.01, 2903.02, 2903.03, 593
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 594
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 595
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 596
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 597
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 598
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 599
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 600
2925.22, 2925.23, or 3716.11 of the Revised Code;601

       (b) An existing or former law of this state, any other state, 602
or the United States that is substantially equivalent to any of 603
the offenses listed in division (A)(3)(a) of this section.604

       (4) On receipt of a request pursuant to section 3701.881 of 605
the Revised Code with respect to an applicant for employment with 606
a home health agency as a person responsible for the care, 607
custody, or control of a child, a completed form prescribed 608
pursuant to division (C)(1) of this section, and a set of 609
fingerprint impressions obtained in the manner described in 610
division (C)(2) of this section, the superintendent of the bureau 611
of criminal identification and investigation shall conduct a 612
criminal records check. The superintendent shall conduct the 613
criminal records check in the manner described in division (B) of 614
this section to determine whether any information exists that 615
indicates that the person who is the subject of the request 616
previously has been convicted of or pleaded guilty to any of the 617
following:618

       (a) A violation of section 2903.01, 2903.02, 2903.03, 619
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 620
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 621
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 622
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 623
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 624
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 625
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a 626
violation of section 2925.11 of the Revised Code that is not a 627
minor drug possession offense;628

       (b) An existing or former law of this state, any other state, 629
or the United States that is substantially equivalent to any of 630
the offenses listed in division (A)(4)(a) of this section.631

       (5) On receipt of a request pursuant to section 5111.032, 632
5111.033, or 5111.034 of the Revised Code, a completed form 633
prescribed pursuant to division (C)(1) of this section, and a set 634
of fingerprint impressions obtained in the manner described in 635
division (C)(2) of this section, the superintendent of the bureau 636
of criminal identification and investigation shall conduct a 637
criminal records check. The superintendent shall conduct the 638
criminal records check in the manner described in division (B) of 639
this section to determine whether any information exists that 640
indicates that the person who is the subject of the request 641
previously has been convicted of, has pleaded guilty to, or has 642
been found eligible for intervention in lieu of conviction for any 643
of the following, regardless of the date of the conviction, the 644
date of entry of the guilty plea, or the date the person was found 645
eligible for intervention in lieu of conviction:646

       (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, 647
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 648
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 649
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 650
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, 651
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 652
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01, 653
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 654
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, 655
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 656
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11, 657
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 658
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02, 659
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 660
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.141,661
2925.22, 2925.23, 2927.12, or 3716.11 of the Revised Code, 662
felonious sexual penetration in violation of former section 663
2907.12 of the Revised Code, a violation of section 2905.04 of the 664
Revised Code as it existed prior to July 1, 1996, a violation of 665
section 2919.23 of the Revised Code that would have been a 666
violation of section 2905.04 of the Revised Code as it existed 667
prior to July 1, 1996, had the violation been committed prior to 668
that date;669

       (b) A violation of an existing or former municipal ordinance 670
or law of this state, any other state, or the United States that 671
is substantially equivalent to any of the offenses listed in 672
division (A)(5)(a) of this section.673

       (6) On receipt of a request pursuant to section 3701.881 of 674
the Revised Code with respect to an applicant for employment with 675
a home health agency in a position that involves providing direct 676
care to an older adult, a completed form prescribed pursuant to 677
division (C)(1) of this section, and a set of fingerprint 678
impressions obtained in the manner described in division (C)(2) of 679
this section, the superintendent of the bureau of criminal 680
identification and investigation shall conduct a criminal records 681
check. The superintendent shall conduct the criminal records check 682
in the manner described in division (B) of this section to 683
determine whether any information exists that indicates that the 684
person who is the subject of the request previously has been 685
convicted of or pleaded guilty to any of the following:686

       (a) A violation of section 2903.01, 2903.02, 2903.03, 687
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 688
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 689
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 690
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 691
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 692
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 693
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 694
2925.22, 2925.23, or 3716.11 of the Revised Code;695

       (b) An existing or former law of this state, any other state, 696
or the United States that is substantially equivalent to any of 697
the offenses listed in division (A)(6)(a) of this section.698

       (7) When conducting a criminal records check upon a request 699
pursuant to section 3319.39 of the Revised Code for an applicant 700
who is a teacher, in addition to the determination made under 701
division (A)(1) of this section, the superintendent shall 702
determine whether any information exists that indicates that the 703
person who is the subject of the request previously has been 704
convicted of or pleaded guilty to any offense specified in section 705
3319.31 of the Revised Code.706

       (8) On receipt of a request pursuant to section 2151.86 of 707
the Revised Code, a completed form prescribed pursuant to division 708
(C)(1) of this section, and a set of fingerprint impressions 709
obtained in the manner described in division (C)(2) of this 710
section, the superintendent of the bureau of criminal 711
identification and investigation shall conduct a criminal records 712
check in the manner described in division (B) of this section to 713
determine whether any information exists that indicates that the 714
person who is the subject of the request previously has been 715
convicted of or pleaded guilty to any of the following:716

       (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, 717
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 718
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 719
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 720
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 721
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 722
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, 723
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 724
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11 725
of the Revised Code, a violation of section 2905.04 of the Revised 726
Code as it existed prior to July 1, 1996, a violation of section 727
2919.23 of the Revised Code that would have been a violation of 728
section 2905.04 of the Revised Code as it existed prior to July 1, 729
1996, had the violation been committed prior to that date, a 730
violation of section 2925.11 of the Revised Code that is not a 731
minor drug possession offense, two or more OVI or OVUAC violations 732
committed within the three years immediately preceding the 733
submission of the application or petition that is the basis of the 734
request, or felonious sexual penetration in violation of former 735
section 2907.12 of the Revised Code;736

       (b) A violation of an existing or former law of this state, 737
any other state, or the United States that is substantially 738
equivalent to any of the offenses listed in division (A)(8)(a) of 739
this section.740

       (9) Upon receipt of a request pursuant to section 5104.012 or 741
5104.013 of the Revised Code, a completed form prescribed pursuant 742
to division (C)(1) of this section, and a set of fingerprint 743
impressions obtained in the manner described in division (C)(2) of 744
this section, the superintendent of the bureau of criminal 745
identification and investigation shall conduct a criminal records 746
check in the manner described in division (B) of this section to 747
determine whether any information exists that indicates that the 748
person who is the subject of the request has been convicted of or 749
pleaded guilty to any of the following:750

       (a) A violation of section 2903.01, 2903.02, 2903.03, 751
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, 752
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 753
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 754
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 755
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, 756
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 757
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 758
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12, 759
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12, 760
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 761
3716.11 of the Revised Code, felonious sexual penetration in 762
violation of former section 2907.12 of the Revised Code, a 763
violation of section 2905.04 of the Revised Code as it existed 764
prior to July 1, 1996, a violation of section 2919.23 of the 765
Revised Code that would have been a violation of section 2905.04 766
of the Revised Code as it existed prior to July 1, 1996, had the 767
violation been committed prior to that date, a violation of 768
section 2925.11 of the Revised Code that is not a minor drug 769
possession offense, a violation of section 2923.02 or 2923.03 of 770
the Revised Code that relates to a crime specified in this 771
division, or a second violation of section 4511.19 of the Revised 772
Code within five years of the date of application for licensure or 773
certification.774

       (b) A violation of an existing or former law of this state, 775
any other state, or the United States that is substantially 776
equivalent to any of the offenses or violations described in 777
division (A)(9)(a) of this section.778

       (10) Upon receipt of a request pursuant to section 5153.111 779
of the Revised Code, a completed form prescribed pursuant to 780
division (C)(1) of this section, and a set of fingerprint 781
impressions obtained in the manner described in division (C)(2) of 782
this section, the superintendent of the bureau of criminal 783
identification and investigation shall conduct a criminal records 784
check in the manner described in division (B) of this section to 785
determine whether any information exists that indicates that the 786
person who is the subject of the request previously has been 787
convicted of or pleaded guilty to any of the following:788

       (a) A violation of section 2903.01, 2903.02, 2903.03, 789
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 790
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 791
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 792
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 793
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 794
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 795
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, 796
felonious sexual penetration in violation of former section 797
2907.12 of the Revised Code, a violation of section 2905.04 of the 798
Revised Code as it existed prior to July 1, 1996, a violation of 799
section 2919.23 of the Revised Code that would have been a 800
violation of section 2905.04 of the Revised Code as it existed 801
prior to July 1, 1996, had the violation been committed prior to 802
that date, or a violation of section 2925.11 of the Revised Code 803
that is not a minor drug possession offense;804

       (b) A violation of an existing or former law of this state, 805
any other state, or the United States that is substantially 806
equivalent to any of the offenses listed in division (A)(10)(a) of 807
this section.808

       (11) On receipt of a request for a criminal records check 809
from an individual pursuant to section 4749.03 or 4749.06 of the 810
Revised Code, accompanied by a completed copy of the form 811
prescribed in division (C)(1) of this section and a set of 812
fingerprint impressions obtained in a manner described in division 813
(C)(2) of this section, the superintendent of the bureau of 814
criminal identification and investigation shall conduct a criminal 815
records check in the manner described in division (B) of this 816
section to determine whether any information exists indicating 817
that the person who is the subject of the request has been 818
convicted of or pleaded guilty to a felony in this state or in any 819
other state. If the individual indicates that a firearm will be 820
carried in the course of business, the superintendent shall 821
require information from the federal bureau of investigation as 822
described in division (B)(2) of this section. TheSubject to 823
division (F) of this section, the superintendent shall report the 824
findings of the criminal records check and any information the 825
federal bureau of investigation provides to the director of public 826
safety.827

       (12) On receipt of a request pursuant to section 1321.37, 828
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised 829
Code, a completed form prescribed pursuant to division (C)(1) of 830
this section, and a set of fingerprint impressions obtained in the 831
manner described in division (C)(2) of this section, the 832
superintendent of the bureau of criminal identification and 833
investigation shall conduct a criminal records check with respect 834
to any person who has applied for a license, permit, or 835
certification from the department of commerce or a division in the 836
department. The superintendent shall conduct the criminal records 837
check in the manner described in division (B) of this section to 838
determine whether any information exists that indicates that the 839
person who is the subject of the request previously has been 840
convicted of or pleaded guilty to any of the following: a 841
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or 842
2925.03 of the Revised Code; any other criminal offense involving 843
theft, receiving stolen property, embezzlement, forgery, fraud, 844
passing bad checks, money laundering, or drug trafficking, or any 845
criminal offense involving money or securities, as set forth in 846
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of 847
the Revised Code; or any existing or former law of this state, any 848
other state, or the United States that is substantially equivalent 849
to those offenses.850

       (13) On receipt of a request for a criminal records check 851
from the treasurer of state under section 113.041 of the Revised 852
Code or from an individual under section 4701.08, 4715.101, 853
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 854
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 855
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 856
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 857
4762.031, 4762.06, 4776.021, or 4779.091 of the Revised Code, 858
accompanied by a completed form prescribed under division (C)(1) 859
of this section and a set of fingerprint impressions obtained in 860
the manner described in division (C)(2) of this section, the 861
superintendent of the bureau of criminal identification and 862
investigation shall conduct a criminal records check in the manner 863
described in division (B) of this section to determine whether any 864
information exists that indicates that the person who is the 865
subject of the request has been convicted of or pleaded guilty to 866
any criminal offense in this state or any other state. TheSubject 867
to division (F) of this section, the superintendent shall send the 868
results of a check requested under section 113.041 of the Revised 869
Code to the treasurer of state and shall send the results of a 870
check requested under any of the other listed sections to the 871
licensing board specified by the individual in the request.872

       (14) On receipt of a request pursuant to section 1121.23, 873
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised 874
Code, a completed form prescribed pursuant to division (C)(1) of 875
this section, and a set of fingerprint impressions obtained in the 876
manner described in division (C)(2) of this section, the 877
superintendent of the bureau of criminal identification and 878
investigation shall conduct a criminal records check in the manner 879
described in division (B) of this section to determine whether any 880
information exists that indicates that the person who is the 881
subject of the request previously has been convicted of or pleaded 882
guilty to any criminal offense under any existing or former law of 883
this state, any other state, or the United States.884

       (15) On receipt of a request for a criminal records check 885
from an appointing or licensing authority under section 3772.07 of 886
the Revised Code, a completed form prescribed under division 887
(C)(1) of this section, and a set of fingerprint impressions 888
obtained in the manner prescribed in division (C)(2) of this 889
section, the superintendent of the bureau of criminal 890
identification and investigation shall conduct a criminal records 891
check in the manner described in division (B) of this section to 892
determine whether any information exists that indicates that the 893
person who is the subject of the request previously has been 894
convicted of or pleaded guilty or no contest to any offense under 895
any existing or former law of this state, any other state, or the 896
United States that is a disqualifying offense as defined in 897
section 3772.07 of the Revised Code or substantially equivalent to 898
such an offense.899

       (16) NotSubject to division (F) of this section, not later 900
than thirty days after the date the superintendent receives a 901
request of a type described in division (A)(1), (2), (3), (4), 902
(5), (6), (7), (8), (9), (10), (11), (12), (14), or (15) of this 903
section, the completed form, and the fingerprint impressions, the 904
superintendent shall send the person, board, or entity that made 905
the request any information, other than information the 906
dissemination of which is prohibited by federal law, the 907
superintendent determines exists with respect to the person who is 908
the subject of the request that indicates that the person 909
previously has been convicted of or pleaded guilty to any offense 910
listed or described in division (A)(1), (2), (3), (4), (5), (6), 911
(7), (8), (9), (10), (11), (12), (14), or (15) of this section, as 912
appropriate. TheSubject to division (F) of this section, the913
superintendent shall send the person, board, or entity that made 914
the request a copy of the list of offenses specified in division 915
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), 916
(14), or (15) of this section, as appropriate. If the request was 917
made under section 3701.881 of the Revised Code with regard to an 918
applicant who may be both responsible for the care, custody, or 919
control of a child and involved in providing direct care to an 920
older adult, the superintendent shall provide a list of the 921
offenses specified in divisions (A)(4) and (6) of this section.922

       NotSubject to division (F) of this section, not later than 923
thirty days after the superintendent receives a request for a 924
criminal records check pursuant to section 113.041 of the Revised 925
Code, the completed form, and the fingerprint impressions, the 926
superintendent shall send the treasurer of state any information, 927
other than information the dissemination of which is prohibited by 928
federal law, the superintendent determines exist with respect to 929
the person who is the subject of the request that indicates that 930
the person previously has been convicted of or pleaded guilty to 931
any criminal offense in this state or any other state.932

       (B) TheSubject to division (F) of this section, the933
superintendent shall conduct any criminal records check requested 934
under section 113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 935
1163.05, 1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 936
1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 937
3721.121, 3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 938
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 939
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 940
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 941
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 942
4776.021, 4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 943
5111.034, 5119.693, 5119.85, 5123.081, 5126.28, 5126.281, or 944
5153.111 of the Revised Code as follows:945

       (1) The superintendent shall review or cause to be reviewed 946
any relevant information gathered and compiled by the bureau under 947
division (A) of section 109.57 of the Revised Code that relates to 948
the person who is the subject of the request, including, if the 949
criminal records check was requested under section 113.041, 950
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 951
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 952
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 953
3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.032, 954
5111.033, 5111.034, 5119.693, 5119.85, 5123.081, 5126.28, 955
5126.281, or 5153.111 of the Revised Code, any relevant 956
information contained in records that have been sealed under 957
section 2953.32 of the Revised Code;958

       (2) If the request received by the superintendent asks for 959
information from the federal bureau of investigation, the 960
superintendent shall request from the federal bureau of 961
investigation any information it has with respect to the person 962
who is the subject of the request, including fingerprint-based 963
checks of national crime information databases as described in 42 964
U.S.C. 671 if the request is made pursuant to section 2151.86, 965
5104.012, or 5104.013 of the Revised Code or if any other Revised 966
Code section requires fingerprint-based checks of that nature, and 967
shall review or cause to be reviewed any information the 968
superintendent receives from that bureau. If a request under 969
section 3319.39 of the Revised Code asks only for information from 970
the federal bureau of investigation, the superintendent shall not 971
conduct the review prescribed by division (B)(1) of this section.972

        (3) The superintendent or the superintendent's designee may 973
request criminal history records from other states or the federal 974
government pursuant to the national crime prevention and privacy 975
compact set forth in section 109.571 of the Revised Code.976

       (C)(1) The superintendent shall prescribe a form to obtain 977
the information necessary to conduct a criminal records check from 978
any person for whom a criminal records check is requested under 979
section 113.041 of the Revised Code or required by section 121.08, 980
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 981
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 982
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08, 983
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 984
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 985
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 986
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 987
4761.051, 4762.031, 4762.06, 4763.05, 4776.021, 4779.091, 988
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 989
5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised 990
Code. The form that the superintendent prescribes pursuant to this 991
division may be in a tangible format, in an electronic format, or 992
in both tangible and electronic formats.993

       (2) The superintendent shall prescribe standard impression 994
sheets to obtain the fingerprint impressions of any person for 995
whom a criminal records check is requested under section 113.041 996
of the Revised Code or required by section 121.08, 173.27, 997
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 998
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 999
3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08, 4715.101, 1000
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 1001
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 1002
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 1003
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 1004
4761.051, 4762.031, 4762.06, 4763.05, 4776.021, 4779.091, 1005
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 1006
5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised 1007
Code. Any person for whom a records check is requested under or 1008
required by any of those sections shall obtain the fingerprint 1009
impressions at a county sheriff's office, municipal police 1010
department, or any other entity with the ability to make 1011
fingerprint impressions on the standard impression sheets 1012
prescribed by the superintendent. The office, department, or 1013
entity may charge the person a reasonable fee for making the 1014
impressions. The standard impression sheets the superintendent 1015
prescribes pursuant to this division may be in a tangible format, 1016
in an electronic format, or in both tangible and electronic 1017
formats.1018

       (3) Subject to division (D) of this section, the 1019
superintendent shall prescribe and charge a reasonable fee for 1020
providing a criminal records check requested under section 1021
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1022
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 1023
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 1024
3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 1025
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 1026
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 1027
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 1028
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4776.021,1029
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 1030
5119.693, 5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the 1031
Revised Code. The person making a criminal records request under 1032
any of those sections shall pay the fee prescribed pursuant to 1033
this division. A person making a request under section 3701.881 of 1034
the Revised Code for a criminal records check for an applicant who 1035
may be both responsible for the care, custody, or control of a 1036
child and involved in providing direct care to an older adult 1037
shall pay one fee for the request. In the case of a request under 1038
section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or 1039
5111.032 of the Revised Code, the fee shall be paid in the manner 1040
specified in that section.1041

       (4) The superintendent of the bureau of criminal 1042
identification and investigation may prescribe methods of 1043
forwarding fingerprint impressions and information necessary to 1044
conduct a criminal records check, which methods shall include, but 1045
not be limited to, an electronic method.1046

       (D) A determination whether any information exists that 1047
indicates that a person previously has been convicted of or 1048
pleaded guilty to any offense listed or described in division 1049
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or 1050
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b), 1051
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), (A)(14), or (A)(15) 1052
of this section, or that indicates that a person previously has 1053
been convicted of or pleaded guilty to any criminal offense in 1054
this state or any other state regarding a criminal records check 1055
of a type described in division (A)(13) of this section, and that 1056
is made by the superintendent with respect to information 1057
considered in a criminal records check in accordance with this 1058
section is valid for the person who is the subject of the criminal 1059
records check for a period of one year from the date upon which 1060
the superintendent makes the determination. During the period in 1061
which the determination in regard to a person is valid, if another 1062
request under this section is made for a criminal records check 1063
for that person, the superintendent shall provide the information 1064
that is the basis for the superintendent's initial determination 1065
at a lower fee than the fee prescribed for the initial criminal 1066
records check.1067

       (E) When the superintendent receives a request for 1068
information from a registered private provider, the superintendent 1069
shall proceed as if the request was received from a school 1070
district board of education under section 3319.39 of the Revised 1071
Code. The superintendent shall apply division (A)(7) of this 1072
section to any such request for an applicant who is a teacher.1073

       (F)(1) All information regarding the results of a criminal 1074
records check conducted under this section that the superintendent 1075
reports or sends under division (A)(11), (13), or (16) of this 1076
section to the director of public safety, the treasurer of state, 1077
or the person, board, or entity that made the request for the 1078
criminal records check shall relate to the conviction of the 1079
subject person, or the subject person's plea of guilty to, a 1080
criminal offense.1081

       (2) Division (F)(1) of this section does not limit, restrict, 1082
or preclude the superintendent's release of information that 1083
relates to an adjudication of a child as a delinquent child, or 1084
that relates to a criminal conviction of a person under eighteen 1085
years of age if the person's case was transferred back to a 1086
juvenile court under division (B)(2) or (3) of section 2152.121 of 1087
the Revised Code and the juvenile court imposed a disposition or 1088
serious youthful offender disposition upon the person under either 1089
division, if either of the following applies with respect to the 1090
adjudication or conviction:1091

       (a) The adjudication or conviction was for a violation of 1092
section 2903.01 or 2903.02 of the Revised Code.1093

       (b) The adjudication or conviction was for a sexually 1094
oriented offense, as defined in section 2950.01 of the Revised 1095
Code, the juvenile court was required to classify the child a 1096
juvenile offender registrant for that offense under section 1097
2152.82, 2152.83, or 2152.86 of the Revised Code, and that 1098
classification has not been removed.1099

       (G) As used in this section:1100

       (1) "Criminal records check" means any criminal records check 1101
conducted by the superintendent of the bureau of criminal 1102
identification and investigation in accordance with division (B) 1103
of this section.1104

       (2) "Minor drug possession offense" has the same meaning as 1105
in section 2925.01 of the Revised Code.1106

       (3) "Older adult" means a person age sixty or older.1107

       (4) "OVI or OVUAC violation" means a violation of section 1108
4511.19 of the Revised Code or a violation of an existing or 1109
former law of this state, any other state, or the United States 1110
that is substantially equivalent to section 4511.19 of the Revised 1111
Code.1112

       (5) "Registered private provider" means a nonpublic school or 1113
entity registered with the superintendent of public instruction 1114
under section 3310.41 of the Revised Code to participate in the 1115
autism scholarship program or section 3310.58 of the Revised Code 1116
to participate in the Jon Peterson special needs scholarship 1117
program.1118

       Sec. 109.578. (A) On receipt of a request pursuant to section 1119
505.381, 737.081, 737.221, or 4765.301 of the Revised Code, a 1120
completed form prescribed pursuant to division (C)(1) of this 1121
section, and a set of fingerprint impressions obtained in the 1122
manner described in division (C)(2) of this section, the 1123
superintendent of the bureau of criminal identification and 1124
investigation shall conduct a criminal records check in the manner 1125
described in division (B) of this section to determine whether any 1126
information exists that indicates that the person who is the 1127
subject of the request previously has been convicted of or pleaded 1128
guilty to any of the following:1129

       (1) A felony;1130

       (2) A violation of section 2909.03 of the Revised Code;1131

       (3) A violation of an existing or former law of this state, 1132
any other state, or the United States that is substantially 1133
equivalent to any of the offenses listed in division (A)(1) or (2) 1134
of this section.1135

       (B) TheSubject to division (E) of this section, the1136
superintendent shall conduct any criminal records check pursuant 1137
to division (A) of this section as follows:1138

       (1) The superintendent shall review or cause to be reviewed 1139
any relevant information gathered and compiled by the bureau under 1140
division (A) of section 109.57 of the Revised Code that relates to 1141
the person who is the subject of the request, including any 1142
relevant information contained in records that have been sealed 1143
under section 2953.32 of the Revised Code.1144

       (2) If the request received by the superintendent asks for 1145
information from the federal bureau of investigation, the 1146
superintendent shall request from the federal bureau of 1147
investigation any information it has with respect to the person 1148
who is the subject of the request and shall review or cause to be 1149
reviewed any information the superintendent receives from that 1150
bureau.1151

       (C)(1) The superintendent shall prescribe a form to obtain 1152
the information necessary to conduct a criminal records check from 1153
any person for whom a criminal records check is requested pursuant 1154
to section 505.381, 737.081, 737.221, or 4765.301 of the Revised 1155
Code. The form that the superintendent prescribes pursuant to this 1156
division may be in a tangible format, in an electronic format, or 1157
in both tangible and electronic formats.1158

       (2) The superintendent shall prescribe standard impression 1159
sheets to obtain the fingerprint impressions of any person for 1160
whom a criminal records check is requested pursuant to section 1161
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. Any 1162
person for whom a records check is requested pursuant to any of 1163
those sections shall obtain the fingerprint impressions at a 1164
county sheriff's office, a municipal police department, or any 1165
other entity with the ability to make fingerprint impressions on 1166
the standard impression sheets prescribed by the superintendent. 1167
The office, department, or entity may charge the person a 1168
reasonable fee for making the impressions. The standard impression 1169
sheets the superintendent prescribes pursuant to this division may 1170
be in a tangible format, in an electronic format, or in both 1171
tangible and electronic formats.1172

       (3) Subject to division (D) of this section, the 1173
superintendent shall prescribe and charge a reasonable fee for 1174
providing a criminal records check requested under section 1175
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. The 1176
person making the criminal records request shall pay the fee 1177
prescribed pursuant to this division.1178

       (4) The superintendent may prescribe methods of forwarding 1179
fingerprint impressions and information necessary to conduct a 1180
criminal records check. The methods shall include, but are not 1181
limited to, an electronic method.1182

       (D) A determination whether any information exists that 1183
indicates that a person previously has been convicted of or 1184
pleaded guilty to any offense listed or described in division (A) 1185
of this section and that the superintendent made with respect to 1186
information considered in a criminal records check in accordance 1187
with this section is valid for the person who is the subject of 1188
the criminal records check for a period of one year from the date 1189
upon which the superintendent makes the determination. During the 1190
period in which the determination in regard to a person is valid, 1191
if another request under this section is made for a criminal 1192
records check for that person, the superintendent shall provide 1193
the information that is the basis for the superintendent's initial 1194
determination at a lower fee than the fee prescribed for the 1195
initial criminal records check.1196

       (E)(1) All information regarding the results of a criminal 1197
records check conducted under this section that the superintendent 1198
reports or sends under this section to the person, board, or 1199
entity that made the request for the criminal records check shall 1200
relate to the conviction of the subject person, or the subject 1201
person's plea of guilty to, a criminal offense.1202

       (2) Division (E)(1) of this section does not limit, restrict, 1203
or preclude the superintendent's release of information that 1204
relates to an adjudication of a child as a delinquent child, or 1205
that relates to a criminal conviction of a person under eighteen 1206
years of age if the person's case was transferred back to a 1207
juvenile court under division (B)(2) or (3) of section 2152.121 of 1208
the Revised Code and the juvenile court imposed a disposition or 1209
serious youthful offender disposition upon the person under either 1210
division, if either of the following applies with respect to the 1211
adjudication or conviction:1212

       (a) The adjudication or conviction was for a violation of 1213
section 2903.01 or 2903.02 of the Revised Code.1214

       (b) The adjudication or conviction was for a sexually 1215
oriented offense, as defined in section 2950.01 of the Revised 1216
Code, the juvenile court was required to classify the child a 1217
juvenile offender registrant for that offense under section 1218
2152.82, 2152.83, or 2152.86 of the Revised Code, and that 1219
classification has not been removed.1220

       (F) As used in this section, "criminal records check" means 1221
any criminal records check conducted by the superintendent of the 1222
bureau of criminal identification and investigation in accordance 1223
with division (B) of this section.1224

       Sec. 2151.356.  (A) The records of a case in which a person 1225
was adjudicated a delinquent child for committing a violation of 1226
section 2903.01, 2903.02, or 2907.02, 2907.03, or 2907.05 of the 1227
Revised Code shall not be sealed under this section.1228

       (B)(1) The juvenile court shall promptly order the immediate 1229
sealing of records pertaining to a juvenile in any of the 1230
following circumstances:1231

       (a) If the court receives a record from a public office or 1232
agency under division (B)(2) of this section;1233

       (b) If a person was brought before or referred to the court 1234
for allegedly committing a delinquent or unruly act and the case 1235
was resolved without the filing of a complaint against the person 1236
with respect to that act pursuant to section 2151.27 of the 1237
Revised Code;1238

       (c) If a person was charged with violating division (E)(1) of 1239
section 4301.69 of the Revised Code and the person has 1240
successfully completed a diversion program under division 1241
(E)(2)(a) of section 4301.69 of the Revised Code with respect to 1242
that charge;1243

       (d) If a complaint was filed against a person alleging that 1244
the person was a delinquent child, an unruly child, or a juvenile 1245
traffic offender and the court dismisses the complaint after a 1246
trial on the merits of the case or finds the person not to be a 1247
delinquent child, an unruly child, or a juvenile traffic offender;1248

       (e) Notwithstanding division (C) of this section and subject 1249
to section 2151.358 of the Revised Code, if a person has been 1250
adjudicated an unruly child, that person has attained eighteen 1251
years of age, and the person is not under the jurisdiction of the 1252
court in relation to a complaint alleging the person to be a 1253
delinquent child. 1254

       (2) The appropriate public office or agency shall immediately 1255
deliver all original records at that public office or agency 1256
pertaining to a juvenile to the court, if the person was arrested 1257
or taken into custody for allegedly committing a delinquent or 1258
unruly act, no complaint was filed against the person with respect 1259
to the commission of the act pursuant to section 2151.27 of the 1260
Revised Code, and the person was not brought before or referred to 1261
the court for the commission of the act. The records delivered to 1262
the court as required under this division shall not include 1263
fingerprints, DNA specimens, and DNA records described under 1264
division (A)(3) of section 2151.357 of the Revised Code.1265

       (C)(1) The juvenile court shall consider the sealing of 1266
records pertaining to a juvenile upon the court's own motion or 1267
upon the application of a person if the person has been 1268
adjudicated a delinquent child for committing an act other than a 1269
violation of section 2903.01, 2903.02, or 2907.02, 2907.03, or 1270
2907.05 of the Revised Code, an unruly child, or a juvenile 1271
traffic offender and if, at the time of the motion or application, 1272
the person is not under the jurisdiction of the court in relation 1273
to a complaint alleging the person to be a delinquent child. The 1274
court shall not require a fee for the filing of the application.1275
The motion or application may be made at any time after two years 1276
after the later ofsix months after any of the following events 1277
occur:1278

       (a) The termination of any order made by the court in 1279
relation to the adjudication;1280

       (b) The unconditional discharge of the person from the 1281
department of youth services with respect to a dispositional order 1282
made in relation to the adjudication or from an institution or 1283
facility to which the person was committed pursuant to a 1284
dispositional order made in relation to the adjudication;1285

       (c) The court enters an order under section 2152.84 or 1286
2152.85 of the Revised Code that contains a determination that the 1287
child is no longer a juvenile offender registrant.1288

       (2) In making the determination whether to seal records 1289
pursuant to division (C)(1) of this section, all of the following 1290
apply:1291

       (a) The court may require a person filing an application 1292
under division (C)(1) of this section to submit any relevant 1293
documentation to support the application.1294

       (b) The court may cause an investigation to be made to 1295
determine if the person who is the subject of the proceedings has 1296
been rehabilitated to a satisfactory degree.1297

       (c) The court shall promptly notify the prosecuting attorney 1298
of any proceedings to seal records initiated pursuant to division 1299
(C)(1) of this section.1300

       (d)(i) The prosecuting attorney may file a response with the 1301
court within thirty days of receiving notice of the sealing 1302
proceedings.1303

       (ii) If the prosecuting attorney does not file a response 1304
with the court or if the prosecuting attorney files a response but 1305
indicates that the prosecuting attorney does not object to the 1306
sealing of the records, the court may order the records of the 1307
person that are under consideration to be sealed without 1308
conducting a hearing on the motion or application. If the court 1309
decides in its discretion to conduct a hearing on the motion or 1310
application, the court shall conduct the hearing within thirty 1311
days after making that decision and shall give notice, by regular 1312
mail, of the date, time, and location of the hearing to the 1313
prosecuting attorney and to the person who is the subject of the 1314
records under consideration.1315

       (iii) If the prosecuting attorney files a response with the 1316
court that indicates that the prosecuting attorney objects to the 1317
sealing of the records, the court shall conduct a hearing on the 1318
motion or application within thirty days after the court receives 1319
the response. The court shall give notice, by regular mail, of the 1320
date, time, and location of the hearing to the prosecuting 1321
attorney and to the person who is the subject of the records under 1322
consideration.1323

       (e) After conducting a hearing in accordance with division 1324
(C)(2)(d) of this section or after due consideration when a 1325
hearing is not conducted, except as provided in division (B)(1)(c) 1326
of this section, the court may order the records of the person 1327
that are the subject of the motion or application to be sealed if 1328
it finds that the person has been rehabilitated to a satisfactory 1329
degree. In determining whether the person has been rehabilitated 1330
to a satisfactory degree, the court may consider all of the 1331
following:1332

       (i) The age of the person;1333

       (ii) The nature of the case;1334

       (iii) The cessation or continuation of delinquent, unruly, or 1335
criminal behavior;1336

       (iv) The education and employment history of the person;1337

       (v) The granting of a new tier classification or 1338
declassification from the juvenile offender registry pursuant to 1339
section 2152.85 of the Revised Code, except for public 1340
registry-qualified juvenile offender registrants;1341

       (vi) Any other circumstances that may relate to the 1342
rehabilitation of the person who is the subject of the records 1343
under consideration.1344

       (D)(1)(a) The juvenile court shall provide verbal notice to a 1345
person whose records are sealed under division (B) of this 1346
section, if that person is present in the court at the time the 1347
court issues a sealing order, that explains what sealing a record 1348
means, states that the person may apply to have those records 1349
expunged under section 2151.358 of the Revised Code, and explains 1350
what expunging a record means.1351

       (b) The juvenile court shall provide written notice to a 1352
person whose records are sealed under division (B) of this section 1353
by regular mail to the person's last known address, if that person 1354
is not present in the court at the time the court issues a sealing 1355
order and if the court does not seal the person's record upon the 1356
court's own motion, that explains what sealing a record means, 1357
states that the person may apply to have those records expunged 1358
under section 2151.358 of the Revised Code, and explains what 1359
expunging a record means.1360

       (2) Upon final disposition of a case in which a person has 1361
been adjudicated a delinquent child for committing an act other 1362
than a violation of section 2903.01, 2903.02, or 2907.02, 2907.03, 1363
or 2907.05 of the Revised Code, an unruly child, or a juvenile 1364
traffic offender, the juvenile court shall provide written notice 1365
to the person that does all of the following:1366

       (a) States that the person may apply to the court for an 1367
order to seal the record;1368

       (b) Explains what sealing a record means;1369

       (c) States that the person may apply to the court for an 1370
order to expunge the record under section 2151.358 of the Revised 1371
Code;1372

       (d) Explains what expunging a record means.1373

       (3) The department of youth services and any other 1374
institution or facility that unconditionally discharges a person 1375
who has been adjudicated a delinquent child, an unruly child, or a 1376
juvenile traffic offender shall immediately give notice of the 1377
discharge to the court that committed the person. The court shall 1378
note the date of discharge on a separate record of discharges of 1379
those natures.1380

       Sec. 2152.02.  As used in this chapter:1381

       (A) "Act charged" means the act that is identified in a 1382
complaint, indictment, or information alleging that a child is a 1383
delinquent child.1384

       (B) "Admitted to a department of youth services facility" 1385
includes admission to a facility operated, or contracted for, by 1386
the department and admission to a comparable facility outside this 1387
state by another state or the United States.1388

       (C)(1) "Child" means a person who is under eighteen years of 1389
age, except as otherwise provided in divisions (C)(2) to (7)(8) of 1390
this section.1391

       (2) Subject to division (C)(3) of this section, any person 1392
who violates a federal or state law or a municipal ordinance prior 1393
to attaining eighteen years of age shall be deemed a "child" 1394
irrespective of that person's age at the time the complaint with 1395
respect to that violation is filed or the hearing on the complaint 1396
is held.1397

       (3) Any person who, while under eighteen years of age, 1398
commits an act that would be a felony if committed by an adult and 1399
who is not taken into custody or apprehended for that act until 1400
after the person attains twenty-one years of age is not a child in 1401
relation to that act.1402

       (4) Except as otherwise provided in divisiondivisions (C)(5) 1403
and (7) of this section, any person whose case is transferred for 1404
criminal prosecution pursuant to section 2152.12 of the Revised 1405
Code shall be deemed after the transfer not to be a child in the 1406
transferred case.1407

       (5) Any person whose case is transferred for criminal 1408
prosecution pursuant to section 2152.12 of the Revised Code and 1409
who subsequently is convicted of or pleads guilty to a felony in 1410
that case, unless a serious youthful offender dispositional 1411
sentence is imposed on the child for that offense under division 1412
(B)(2) or (3) of section 2152.121 of the Revised Code and the 1413
adult portion of that sentence is not invoked pursuant to section 1414
2152.14 of the Revised Code, and any person who is adjudicated a 1415
delinquent child for the commission of an act, who has a serious 1416
youthful offender dispositional sentence imposed for the act 1417
pursuant to section 2152.13 of the Revised Code, and whose adult 1418
portion of the dispositional sentence is invoked pursuant to 1419
section 2152.14 of the Revised Code, shall be deemed after the 1420
transferconviction, plea, or invocation not to be a child in any 1421
case in which a complaint is filed against the person.1422

       (6) The juvenile court has jurisdiction over a person who is 1423
adjudicated a delinquent child or juvenile traffic offender prior 1424
to attaining eighteen years of age until the person attains 1425
twenty-one years of age, and, for purposes of that jurisdiction 1426
related to that adjudication, except as otherwise provided in this 1427
division, a person who is so adjudicated a delinquent child or 1428
juvenile traffic offender shall be deemed a "child" until the 1429
person attains twenty-one years of age. If a person is so 1430
adjudicated a delinquent child or juvenile traffic offender and 1431
the court makes a disposition of the person under this chapter, at 1432
any time after the person attains eighteentwenty-one years of 1433
age, the places at which the person may be held under that 1434
disposition are not limited to places authorized under this 1435
chapter solely for confinement of children, and the person may be 1436
confined under that disposition, in accordance with division 1437
(F)(2) of section 2152.26 of the Revised Code, in places other 1438
than those authorized under this chapter solely for confinement of 1439
children.1440

       (7) The juvenile court has jurisdiction over any person whose 1441
case is transferred for criminal prosecution solely for the 1442
purpose of detaining the person as authorized in division (F)(1) 1443
or (4) of section 2152.26 of the Revised Code unless the person is 1444
convicted of or pleads guilty to a felony in the adult court.1445

       (8) Any person who, while eighteen years of age, violates 1446
division (A)(1) or (2) of section 2919.27 of the Revised Code by 1447
violating a protection order issued or consent agreement approved 1448
under section 2151.34 or 3113.31 of the Revised Code shall be 1449
considered a child for the purposes of that violation of section 1450
2919.27 of the Revised Code.1451

       (D) "Chronic truant" means any child of compulsory school age 1452
who is absent without legitimate excuse for absence from the 1453
public school the child is supposed to attend for seven or more 1454
consecutive school days, ten or more school days in one school 1455
month, or fifteen or more school days in a school year.1456

       (E) "Community corrections facility," "public safety beds," 1457
"release authority," and "supervised release" have the same 1458
meanings as in section 5139.01 of the Revised Code.1459

       (F) "Delinquent child" includes any of the following:1460

       (1) Any child, except a juvenile traffic offender, who 1461
violates any law of this state or the United States, or any 1462
ordinance of a political subdivision of the state, that would be 1463
an offense if committed by an adult;1464

       (2) Any child who violates any lawful order of the court made 1465
under this chapter or under Chapter 2151. of the Revised Code 1466
other than an order issued under section 2151.87 of the Revised 1467
Code;1468

       (3) Any child who violates division (C) of section 2907.39, 1469
division (A) of section 2923.211, or division (C)(1) or (D) of 1470
section 2925.55 of the Revised Code;1471

       (4) Any child who is a habitual truant and who previously has 1472
been adjudicated an unruly child for being a habitual truant;1473

       (5) Any child who is a chronic truant.1474

       (G) "Discretionary serious youthful offender" means a person 1475
who is eligible for a discretionary SYO and who is not transferred 1476
to adult court under a mandatory or discretionary transfer.1477

       (H) "Discretionary SYO" means a case in which the juvenile 1478
court, in the juvenile court's discretion, may impose a serious 1479
youthful offender disposition under section 2152.13 of the Revised 1480
Code.1481

       (I) "Discretionary transfer" means that the juvenile court 1482
has discretion to transfer a case for criminal prosecution under 1483
division (B) of section 2152.12 of the Revised Code.1484

       (J) "Drug abuse offense," "felony drug abuse offense," and 1485
"minor drug possession offense" have the same meanings as in 1486
section 2925.01 of the Revised Code.1487

       (K) "Electronic monitoring" and "electronic monitoring 1488
device" have the same meanings as in section 2929.01 of the 1489
Revised Code.1490

       (L) "Economic loss" means any economic detriment suffered by 1491
a victim of a delinquent act or juvenile traffic offense as a 1492
direct and proximate result of the delinquent act or juvenile 1493
traffic offense and includes any loss of income due to lost time 1494
at work because of any injury caused to the victim and any 1495
property loss, medical cost, or funeral expense incurred as a 1496
result of the delinquent act or juvenile traffic offense. 1497
"Economic loss" does not include non-economic loss or any punitive 1498
or exemplary damages.1499

       (M) "Firearm" has the same meaning as in section 2923.11 of 1500
the Revised Code.1501

       (N) "Juvenile traffic offender" means any child who violates 1502
any traffic law, traffic ordinance, or traffic regulation of this 1503
state, the United States, or any political subdivision of this 1504
state, other than a resolution, ordinance, or regulation of a 1505
political subdivision of this state the violation of which is 1506
required to be handled by a parking violations bureau or a joint 1507
parking violations bureau pursuant to Chapter 4521. of the Revised 1508
Code.1509

       (O) A "legitimate excuse for absence from the public school 1510
the child is supposed to attend" has the same meaning as in 1511
section 2151.011 of the Revised Code.1512

       (P) "Mandatory serious youthful offender" means a person who 1513
is eligible for a mandatory SYO and who is not transferred to 1514
adult court under a mandatory or discretionary transfer and also 1515
includes, for purposes of imposition of a mandatory serious 1516
youthful dispositional sentence under section 2152.13 of the 1517
Revised Code, a person upon whom a juvenile court is required to 1518
impose such a sentence under division (B)(3) of section 2152.121 1519
of the Revised Code.1520

       (Q) "Mandatory SYO" means a case in which the juvenile court 1521
is required to impose a mandatory serious youthful offender 1522
disposition under section 2152.13 of the Revised Code.1523

       (R) "Mandatory transfer" means that a case is required to be 1524
transferred for criminal prosecution under division (A) of section 1525
2152.12 of the Revised Code.1526

       (S) "Mental illness" has the same meaning as in section 1527
5122.01 of the Revised Code.1528

       (T) "Mentally retarded person" has the same meaning as in 1529
section 5123.01 of the Revised Code.1530

       (U) "Monitored time" and "repeat violent offender" have the 1531
same meanings as in section 2929.01 of the Revised Code.1532

       (V) "Of compulsory school age" has the same meaning as in 1533
section 3321.01 of the Revised Code.1534

       (W) "Public record" has the same meaning as in section 149.43 1535
of the Revised Code.1536

       (X) "Serious youthful offender" means a person who is 1537
eligible for a mandatory SYO or discretionary SYO but who is not 1538
transferred to adult court under a mandatory or discretionary 1539
transfer and also includes, for purposes of imposition of a 1540
mandatory serious youthful dispositional sentence under section 1541
2152.13 of the Revised Code, a person upon whom a juvenile court 1542
is required to impose such a sentence under division (B)(3) of 1543
section 2152.121 of the Revised Code.1544

       (Y) "Sexually oriented offense," "juvenile offender 1545
registrant," "child-victim oriented offense," "tier I sex 1546
offender/child-victim offender," "tier II sex 1547
offender/child-victim offender," "tier III sex 1548
offender/child-victim offender," and "public registry-qualified 1549
juvenile offender registrant" have the same meanings as in section 1550
2950.01 of the Revised Code.1551

       (Z) "Traditional juvenile" means a case that is not 1552
transferred to adult court under a mandatory or discretionary 1553
transfer, that is eligible for a disposition under sections 1554
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and 1555
that is not eligible for a disposition under section 2152.13 of 1556
the Revised Code.1557

       (AA) "Transfer" means the transfer for criminal prosecution 1558
of a case involving the alleged commission by a child of an act 1559
that would be an offense if committed by an adult from the 1560
juvenile court to the appropriate court that has jurisdiction of 1561
the offense.1562

       (BB) "Category one offense" means any of the following:1563

       (1) A violation of section 2903.01 or 2903.02 of the Revised 1564
Code;1565

       (2) A violation of section 2923.02 of the Revised Code 1566
involving an attempt to commit aggravated murder or murder.1567

       (CC) "Category two offense" means any of the following:1568

       (1) A violation of section 2903.03, 2905.01, 2907.02, 1569
2909.02, 2911.01, or 2911.11 of the Revised Code;1570

       (2) A violation of section 2903.04 of the Revised Code that 1571
is a felony of the first degree;1572

       (3) A violation of section 2907.12 of the Revised Code as it 1573
existed prior to September 3, 1996.1574

       (DD) "Non-economic loss" means nonpecuniary harm suffered by 1575
a victim of a delinquent act or juvenile traffic offense as a 1576
result of or related to the delinquent act or juvenile traffic 1577
offense, including, but not limited to, pain and suffering; loss 1578
of society, consortium, companionship, care, assistance, 1579
attention, protection, advice, guidance, counsel, instruction, 1580
training, or education; mental anguish; and any other intangible 1581
loss.1582

       Sec. 2152.18.  (A) When a juvenile court commits a delinquent 1583
child to the custody of the department of youth services pursuant 1584
to this chapter, the court shall not designate the specific 1585
institution in which the department is to place the child but 1586
instead shall specify that the child is to be institutionalized in 1587
a secure facility.1588

       (B) When a juvenile court commits a delinquent child to the 1589
custody of the department of youth services pursuant to this 1590
chapter, the court shall state in the order of commitment the 1591
total number of days that the child has been held in detention1592
confined in connection with the delinquent child complaint upon 1593
which the order of commitment is based. The court shall not 1594
include days that the child has been under electronic monitoring 1595
or house arrest or days that the child has been confined in a 1596
halfway house. The department shall reduce the minimum period of 1597
institutionalization that was ordered by both the total number of 1598
days that the child has been so held in detentionconfined as 1599
stated by the court in the order of commitment and the total 1600
number of any additional days that the child has been held in 1601
detentionconfined subsequent to the order of commitment but prior 1602
to the transfer of physical custody of the child to the 1603
department.1604

       (C)(1) When a juvenile court commits a delinquent child to 1605
the custody of the department of youth services pursuant to this 1606
chapter, the court shall provide the department with the child's 1607
medical records, a copy of the report of any mental examination of 1608
the child ordered by the court, the Revised Code section or 1609
sections the child violated and the degree of each violation, the 1610
warrant to convey the child to the department, a copy of the 1611
court's journal entry ordering the commitment of the child to the 1612
legal custody of the department, a copy of the arrest record 1613
pertaining to the act for which the child was adjudicated a 1614
delinquent child, a copy of any victim impact statement pertaining 1615
to the act, and any other information concerning the child that 1616
the department reasonably requests. The court also shall complete 1617
the form for the standard predisposition investigation report that 1618
the department furnishes pursuant to section 5139.04 of the 1619
Revised Code and provide the department with the completed form.1620

       The department may refuse to accept physical custody of a 1621
delinquent child who is committed to the legal custody of the 1622
department until the court provides to the department the 1623
documents specified in this division. No officer or employee of 1624
the department who refuses to accept physical custody of a 1625
delinquent child who is committed to the legal custody of the 1626
department shall be subject to prosecution or contempt of court 1627
for the refusal if the court fails to provide the documents 1628
specified in this division at the time the court transfers the 1629
physical custody of the child to the department.1630

       (2) Within twenty working days after the department of youth 1631
services receives physical custody of a delinquent child from a 1632
juvenile court, the court shall provide the department with a 1633
certified copy of the child's birth certificate and the child's 1634
social security number or, if the court made all reasonable 1635
efforts to obtain the information but was unsuccessful, with 1636
documentation of the efforts it made to obtain the information.1637

       (3) If an officer is preparing pursuant to section 2947.06 or 1638
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence 1639
investigation report pertaining to a person, the department shall 1640
make available to the officer, for use in preparing the report, 1641
any records or reports it possesses regarding that person that it 1642
received from a juvenile court pursuant to division (C)(1) of this 1643
section or that pertain to the treatment of that person after the 1644
person was committed to the custody of the department as a 1645
delinquent child.1646

       (D)(1) Within ten days after an adjudication that a child is 1647
a delinquent child, the court shall give written notice of the 1648
adjudication to the superintendent of a city, local, exempted 1649
village, or joint vocational school district, and to the principal 1650
of the school the child attends, if the basis of the adjudication 1651
was the commission of an act that would be a criminal offense if 1652
committed by an adult, if the act was committed by the delinquent 1653
child when the child was fourteen years of age or older, and if 1654
the act is any of the following:1655

       (a) An act that would be a felony or an offense of violence 1656
if committed by an adult, an act in the commission of which the 1657
child used or brandished a firearm, or an act that is a violation 1658
of section 2907.06, 2907.07, 2907.08, 2907.09, 2907.24, or 1659
2907.241 of the Revised Code and that would be a misdemeanor if 1660
committed by an adult;1661

       (b) A violation of section 2923.12 of the Revised Code or of 1662
a substantially similar municipal ordinance that would be a 1663
misdemeanor if committed by an adult and that was committed on 1664
property owned or controlled by, or at an activity held under the 1665
auspices of, the board of education of that school district;1666

       (c) A violation of division (A) of section 2925.03 or 2925.11 1667
of the Revised Code that would be a misdemeanor if committed by an 1668
adult, that was committed on property owned or controlled by, or 1669
at an activity held under the auspices of, the board of education 1670
of that school district, and that is not a minor drug possession 1671
offense;1672

       (d) An act that would be a criminal offense if committed by 1673
an adult and that results in serious physical harm to persons or 1674
serious physical harm to property while the child is at school, on 1675
any other property owned or controlled by the board, or at an 1676
interscholastic competition, an extracurricular event, or any 1677
other school program or activity;1678

       (e) Complicity in any violation described in division 1679
(D)(1)(a), (b), (c), or (d) of this section that was alleged to 1680
have been committed in the manner described in division (D)(1)(a), 1681
(b), (c), or (d) of this section, regardless of whether the act of 1682
complicity was committed on property owned or controlled by, or at 1683
an activity held under the auspices of, the board of education of 1684
that school district.1685

       (2) The notice given pursuant to division (D)(1) of this 1686
section shall include the name of the child who was adjudicated to 1687
be a delinquent child, the child's age at the time the child 1688
committed the act that was the basis of the adjudication, and 1689
identification of the violation of the law or ordinance that was 1690
the basis of the adjudication.1691

       (3) Within fourteen days after committing a delinquent child 1692
to the custody of the department of youth services, the court 1693
shall give notice to the school attended by the child of the 1694
child's commitment by sending to that school a copy of the court's 1695
journal entry ordering the commitment. As soon as possible after 1696
receipt of the notice described in this division, the school shall 1697
provide the department with the child's school transcript. 1698
However, the department shall not refuse to accept a child 1699
committed to it, and a child committed to it shall not be held in 1700
a county or district detention facility, because of a school's 1701
failure to provide the school transcript that it is required to 1702
provide under this division.1703

       (4) Within fourteen days after discharging or releasing a 1704
child from an institution under its control, the department of 1705
youth services shall provide the court and the superintendent of 1706
the school district in which the child is entitled to attend 1707
school under section 3313.64 or 3313.65 of the Revised Code with 1708
the following:1709

        (a) An updated copy of the child's school transcript;1710

        (b) A report outlining the child's behavior in school while 1711
in the custody of the department;1712

        (c) The child's current individualized education program, as 1713
defined in section 3323.01 of the Revised Code, if such a program 1714
has been developed for the child;1715

        (d) A summary of the institutional record of the child's 1716
behavior. 1717

       The department also shall provide the court with a copy of 1718
any portion of the child's institutional record that the court 1719
specifically requests, within five working days of the request.1720

       (E) At any hearing at which a child is adjudicated a 1721
delinquent child or as soon as possible after the hearing, the 1722
court shall notify all victims of the delinquent act who may be 1723
entitled to a recovery under any of the following sections of the 1724
right of the victims to recover, pursuant to section 3109.09 of 1725
the Revised Code, compensatory damages from the child's parents; 1726
of the right of the victims to recover, pursuant to section 1727
3109.10 of the Revised Code, compensatory damages from the child's 1728
parents for willful and malicious assaults committed by the child; 1729
and of the right of the victims to recover an award of reparations 1730
pursuant to sections 2743.51 to 2743.72 of the Revised Code.1731

       Sec. 2152.26.  (A) Except as provided in divisions (B) and 1732
(F) of this section, a child alleged to be or adjudicated a 1733
delinquent child or a juvenile traffic offender may be held only 1734
in the following places:1735

       (1) A certified foster home or a home approved by the court;1736

       (2) A facility operated by a certified child welfare agency;1737

       (3) Any other suitable place designated by the court.1738

       (B) In addition to the places listed in division (A) of this 1739
section, a child alleged to be or adjudicated a delinquent child 1740
or a person described in division (C)(7) of section 2152.02 of the 1741
Revised Code may be held in a detention facility for delinquent 1742
children that is under the direction or supervision of the court 1743
or other public authority or of a private agency and approved by 1744
the court and a child adjudicated a delinquent child may be held 1745
in accordance with division (F)(2) of this section in a facility 1746
of a type specified in that division. Division (B) of this section 1747
does not apply to a child alleged to be or adjudicated a 1748
delinquent child for chronic truancy, unless the child violated a 1749
lawful court order made pursuant to division (A)(6) of section 1750
2152.19 of the Revised Code. Division (B) of this section also 1751
does not apply to a child alleged to be or adjudicated a 1752
delinquent child for being an habitual truant who previously has 1753
been adjudicated an unruly child for being an habitual truant, 1754
unless the child violated a lawful court order made pursuant to 1755
division (C)(1)(e) of section 2151.354 of the Revised Code.1756

       (C)(1) Except as provided under division (C)(1) of section 1757
2151.311 of the Revised Code or division (A)(5) of section 2152.21 1758
of the Revised Code, a child alleged to be or adjudicated a 1759
juvenile traffic offender may not be held in any of the following 1760
facilities:1761

       (a) A state correctional institution, county, multicounty, or 1762
municipal jail or workhouse, or other place in which an adult 1763
convicted of crime, under arrest, or charged with a crime is held.1764

       (b) A secure correctional facility.1765

       (2) Except as provided under this section, sections 2151.56 1766
to 2151.59, and divisions (A)(5) and (6) of section 2152.21 of the 1767
Revised Code, a child alleged to be or adjudicated a juvenile 1768
traffic offender may not be held for more than twenty-four hours 1769
in a detention facility.1770

       (D) Except as provided in division (F) of this section or in 1771
division (C) of section 2151.311, in division (C)(2) of section 1772
5139.06 and section 5120.162, or in division (B) of section 1773
5120.16 of the Revised Code, a child who is alleged to be or is 1774
adjudicated a delinquent child or a person described in division 1775
(C)(7) of section 2152.02 of the Revised Code may not be held in a 1776
state correctional institution, county, multicounty, or municipal 1777
jail or workhouse, or other place where an adult convicted of 1778
crime, under arrest, or charged with crime is held.1779

       (E) Unless the detention is pursuant to division (F) of this 1780
section or division (C) of section 2151.311, division (C)(2) of 1781
section 5139.06 and section 5120.162, or division (B) of section 1782
5120.16 of the Revised Code, the official in charge of the 1783
institution, jail, workhouse, or other facility shall inform the 1784
court immediately when a child,person who is or appears to be 1785
under the age of eighteen years, or a person who is charged with a 1786
violation of an order of a juvenile court or a violation of 1787
probation or parole conditions imposed by a juvenile court and who 1788
is or appears to be between the ages of eighteen and twenty-one 1789
years, is received at the facility, and shall deliver the child1790
person to the court upon request or transfer the childperson to 1791
a detention facility designated by the court.1792

       (F)(1) If a case is transferred to another court for criminal 1793
prosecution pursuant to section 2152.12 of the Revised Code and 1794
the alleged offender is a person described in division (C)(7) of 1795
section 2152.02 of the Revised Code, the childperson may not be 1796
transferred for detention pending the criminal prosecution in a 1797
jail or other facility in accordance with the law governing the 1798
detention of persons charged with crimeexcept under the 1799
circumstances described in division (F)(4) of this section. Any 1800
child so held in accordance with division (F)(3) of this section1801
shall be confined in a manner that keeps the child beyond the 1802
range of touchsight and sound of all adult detainees. The child 1803
shall be supervised at all times during the detention.1804

       (2) If a person is adjudicated a delinquent child or juvenile 1805
traffic offender or is a person described in division (C)(7) of 1806
section 2152.02 of the Revised Code and the court makes a 1807
disposition of the person under this chapter, at any time after 1808
the person attains eighteentwenty-one years of age, the person 1809
may be held under that disposition or under the circumstances 1810
described in division (F)(4) of this section in places other than 1811
those specified in division (A) of this section, including, but 1812
not limited to, a county, multicounty, or municipal jail or 1813
workhouse, or other place where an adult convicted of crime, under 1814
arrest, or charged with crime is held.1815

       (3)(a) A person alleged to be a delinquent child may be held 1816
in places other than those specified in division (A) of this 1817
section, including, but not limited to, a county, multicounty, or 1818
municipal jail, if the delinquent act that the child allegedly 1819
committed would be a felony if committed by an adult, and if 1820
either of the following applies:1821

       (i) The person attains eighteentwenty-one years of age 1822
before the person is arrested or apprehended for that act.1823

       (ii) The person is arrested or apprehended for that act 1824
before the person attains eighteentwenty-one years of age, but 1825
the person attains eighteentwenty-one years of age before the 1826
court orders a disposition in the case.1827

       (b) If, pursuant to division (F)(3)(a) of this section, a 1828
person is held in a place other than a place specified in division 1829
(A) of this section, the person has the same rights to bail as an 1830
adult charged with the same offense who is confined in a jail 1831
pending trial.1832

       (4)(a) Any person whose case is transferred for criminal 1833
prosecution pursuant to section 2151.10 or 2152.12 of the Revised 1834
Code or any person who has attained the age of eighteen years but 1835
has not attained the age of twenty-one years and who is being held 1836
in a place specified in division (B) of this section may be held 1837
under that disposition or charge in places other than those 1838
specified in division (B) of this section, including a county, 1839
multicounty, or municipal jail or workhouse, or other place where 1840
an adult under arrest or charged with crime is held if the 1841
juvenile court, upon its own motion or upon motion by the 1842
prosecutor and after notice and hearing, establishes by a 1843
preponderance of the evidence and makes written findings that the 1844
youth is a threat to the safety and security of the facility. 1845
Evidence that the youth is a threat to the safety and security of 1846
the facility may include, but is not limited to, whether the youth 1847
has done any of the following:1848

       (i) Injured or created an imminent danger to the life or 1849
health of another youth or staff member in the facility or program 1850
by violent behavior;1851

       (ii) Escaped from the facility or program in which the youth 1852
is being held on more than one occasion;1853

       (iii) Established a pattern of disruptive behavior as 1854
verified by a written record that the youth's behavior is not 1855
conducive to the established policies and procedures of the 1856
facility or program in which the youth is being held. 1857

       (b) If the prosecutor submits a motion requesting that the 1858
person be held in a place other than those specified in division 1859
(B) of this section or if the court submits its own motion, the 1860
juvenile court shall hold a hearing within five days of the filing 1861
of the motion, and, in determining whether a place other than 1862
those specified in division (B) of this section is the appropriate 1863
place of confinement for the person, the court shall consider the 1864
following factors:1865

       (i) The age of the person;1866

       (ii) Whether the person would be deprived of contact with 1867
other people for a significant portion of the day or would not 1868
have access to recreational facilities or age-appropriate 1869
educational opportunities in order to provide physical separation 1870
from adults;1871

       (iii) The person's current emotional state, intelligence, and 1872
developmental maturity, including any emotional and psychological 1873
trauma, and the risk to the person in an adult facility, which may 1874
be evidenced by mental health or psychological assessments or 1875
screenings made available to the prosecuting attorney and the 1876
defense counsel;1877

       (iv) Whether detention in a juvenile facility would 1878
adequately serve the need for community protection pending the 1879
outcome of the criminal proceeding;1880

       (v) The relative ability of the available adult and juvenile 1881
detention facilities to meet the needs of the person, including 1882
the person's need for age-appropriate mental health and 1883
educational services delivered by individuals specifically trained 1884
to deal with youth;1885

       (vi) Whether the person presents an imminent risk of 1886
self-inflicted harm or an imminent risk of harm to others within a 1887
juvenile facility;1888

       (vii) Any other factors the juvenile court considers to be 1889
relevant.1890

       (c) If the juvenile court determines that a place other than 1891
those specified in division (B) of this section is the appropriate 1892
place for confinement of a person pursuant to division (F)(4)(a) 1893
of this section, the person may petition the juvenile court for a 1894
review hearing thirty days after the initial confinement decision, 1895
thirty days after any subsequent review hearing, or at any time 1896
after the initial confinement decision upon an emergency petition 1897
by the youth due to the youth facing an imminent danger from 1898
others or the youth's self. Upon receipt of the petition, the 1899
juvenile court has discretion over whether to conduct the review 1900
hearing and may set the matter for a review hearing if the youth 1901
has alleged facts or circumstances that, if true, would warrant 1902
reconsideration of the youth's placement in a place other than 1903
those specified in division (B) of this section based on the 1904
factors listed in division (F)(4)(b) of this section.1905

       (d) Upon the admission of a person described in division 1906
(F)(4)(a) of this section to a place other than those specified in 1907
division (B) of this section, the facility shall advise the person 1908
of the person's right to request a review hearing as described in 1909
division (F)(4)(d) of this section.1910

       (e) Any person transferred under division (F)(4)(a) of this 1911
section to a place other than those specified in division (B) of 1912
this section shall be confined in a manner that keeps the person 1913
beyond sight and sound of all adult detainees. The person shall be 1914
supervised at all times during the detention.1915

       Sec. 2705.031.  (A) As used in this section, "Title IV-D 1916
case" has the same meaning as in section 3125.01 of the Revised 1917
Code.1918

       (B)(1) Any party who has a legal claim to any support ordered 1919
for a child, spouse, or former spouse may initiate a contempt 1920
action for failure to pay the support. In Title IV-D cases, the 1921
contempt action for failure to pay support also may be initiated 1922
by an attorney retained by the party who has the legal claim, the 1923
prosecuting attorney, or an attorney of the department of job and 1924
family services or the child support enforcement agency.1925

       (2) Any parent who is granted parenting time rights under a 1926
parenting time order or decree issued pursuant to section 3109.051 1927
or 3109.12 of the Revised Code, any person who is granted 1928
visitation rights under a visitation order or decree issued 1929
pursuant to section 3109.051, 3109.11, or 3109.12 of the Revised 1930
Code or pursuant to any other provision of the Revised Code, or 1931
any other person who is subject to any parenting time or 1932
visitation order or decree, may initiate a contempt action for a 1933
failure to comply with, or an interference with, the order or 1934
decree.1935

       (C) In any contempt action initiated pursuant to division (B) 1936
of this section, the accused shall appear upon the summons and 1937
order to appear that is issued by the court. The summons shall 1938
include all of the following:1939

       (1) Notice that failure to appear may result in the issuance 1940
of an order of arrest, and in cases involving alleged failure to 1941
pay support, the issuance of an order for the payment of support 1942
by withholding an amount from the personal earnings of the accused 1943
or by withholding or deducting an amount from some other asset of 1944
the accused;1945

       (2) Notice that the accused has a right to counsel, and that 1946
if indigent, the accused must apply for a public defender or court 1947
appointed counsel within three business days after receipt of the 1948
summons;1949

       (3) Notice that the court may refuse to grant a continuance 1950
at the time of the hearing for the purpose of the accused 1951
obtaining counsel, if the accused fails to make a good faith 1952
effort to retain counsel or to obtain a public defender;1953

       (4) Notice of the potential penalties that could be imposed 1954
upon the accused, if the accused is found guilty of contempt for 1955
failure to pay support or for a failure to comply with, or an 1956
interference with, a parenting time or visitation order or decree;1957

       (5) Notice that the court may grant limited driving 1958
privileges under section 4510.021 of the Revised Code pursuant to 1959
a request made by the accused, if the driver's license was 1960
suspended based on a notice issued pursuant to section 3123.54 of 1961
the Revised Code by the child support enforcement agency and if 1962
the request is accompanied by a recent noncertified copy of a 1963
driver's abstract from the registrar of motor vehicles.1964

       (D) If the accused is served as required by the Rules of 1965
Civil Procedure or by any special statutory proceedings that are 1966
relevant to the case, the court may order the attachment of the 1967
person of the accused upon failure to appear as ordered by the 1968
court.1969

       (E) The imposition of any penalty for contempt under section 1970
2705.05 of the Revised Code shall not eliminate any obligation of 1971
the accused to pay any past, present, or future support obligation 1972
or any obligation of the accused to comply with or refrain from 1973
interfering with the parenting time or visitation order or decree. 1974
The court shall have jurisdiction to make a finding of contempt 1975
for the failure to pay support and to impose the penalties set 1976
forth in section 2705.05 of the Revised Code in all cases in which 1977
past due support is at issue even if the duty to pay support has 1978
terminated, and shall have jurisdiction to make a finding of 1979
contempt for a failure to comply with, or an interference with, a 1980
parenting time or visitation order or decree and to impose the 1981
penalties set forth in section 2705.05 of the Revised Code in all 1982
cases in which the failure or interference is at issue even if the 1983
parenting time or visitation order or decree no longer is in 1984
effect.1985

       Sec. 2907.24.  (A) No person shall solicit another to engage 1986
with such other person in sexual activity for hire.1987

       (B) No person, with knowledge that the person has tested 1988
positive as a carrier of a virus that causes acquired 1989
immunodeficiency syndrome, shall engage in conduct in violation of 1990
division (A) of this section.1991

       (C)(1) Whoever violates division (A) of this section is 1992
guilty of soliciting, a misdemeanor of the third degree.1993

       (2) Whoever violates division (B) of this section is guilty 1994
of engaging in solicitation after a positive HIV test. If the 1995
offender commits the violation prior to July 1, 1996, engaging in 1996
solicitation after a positive HIV test is a felony of the second 1997
degree. If the offender commits the violation on or after July 1, 1998
1996, engaging in solicitation after a positive HIV test is a 1999
felony of the third degree.2000

       (D) If a person is convicted of or pleads guilty to a 2001
violation of any provision of this section, an attempt to commit a 2002
violation of any provision of this section, or a violation of or 2003
an attempt to commit a violation of a municipal ordinance that is 2004
substantially equivalent to any provision of this section and if 2005
the person, in committing or attempting to commit the violation, 2006
was in, was on, or used a motor vehicle, the court, in addition to 2007
or independent of all other penalties imposed for the violation,2008
shallmay impose upon the offender a class six suspension of the 2009
person's driver's license, commercial driver's license, temporary 2010
instruction permit, probationary license, or nonresident operating 2011
privilege from the range specified in division (A)(6) of section 2012
4510.02 of the Revised Code. In lieu of imposing upon the offender 2013
the class six suspension, the court instead may require the 2014
offender to perform community service for a number of hours 2015
determined by the court.2016

       Sec. 2913.02.  (A) No person, with purpose to deprive the 2017
owner of property or services, shall knowingly obtain or exert 2018
control over either the property or services in any of the 2019
following ways:2020

       (1) Without the consent of the owner or person authorized to 2021
give consent;2022

       (2) Beyond the scope of the express or implied consent of the 2023
owner or person authorized to give consent;2024

       (3) By deception;2025

       (4) By threat;2026

       (5) By intimidation.2027

       (B)(1) Whoever violates this section is guilty of theft.2028

       (2) Except as otherwise provided in this division or division 2029
(B)(3), (4), (5), (6), (7), or (8) of this section, a violation of 2030
this section is petty theft, a misdemeanor of the first degree. If 2031
the value of the property or services stolen is one thousand 2032
dollars or more and is less than seven thousand five hundred 2033
dollars or if the property stolen is any of the property listed in 2034
section 2913.71 of the Revised Code, a violation of this section 2035
is theft, a felony of the fifth degree. If the value of the 2036
property or services stolen is seven thousand five hundred dollars 2037
or more and is less than one hundred fifty thousand dollars, a 2038
violation of this section is grand theft, a felony of the fourth 2039
degree. If the value of the property or services stolen is one 2040
hundred fifty thousand dollars or more and is less than seven 2041
hundred fifty thousand dollars, a violation of this section is 2042
aggravated theft, a felony of the third degree. If the value of 2043
the property or services is seven hundred fifty thousand dollars 2044
or more and is less than one million five hundred thousand 2045
dollars, a violation of this section is aggravated theft, a felony 2046
of the second degree. If the value of the property or services 2047
stolen is one million five hundred thousand dollars or more, a 2048
violation of this section is aggravated theft of one million five 2049
hundred thousand dollars or more, a felony of the first degree.2050

       (3) Except as otherwise provided in division (B)(4), (5), 2051
(6), (7), or (8) of this section, if the victim of the offense is 2052
an elderly person or disabled adult, a violation of this section 2053
is theft from an elderly person or disabled adult, and division 2054
(B)(3) of this section applies. Except as otherwise provided in 2055
this division, theft from an elderly person or disabled adult is a 2056
felony of the fifth degree. If the value of the property or 2057
services stolen is one thousand dollars or more and is less than 2058
seven thousand five hundred dollars, theft from an elderly person 2059
or disabled adult is a felony of the fourth degree. If the value 2060
of the property or services stolen is seven thousand five hundred 2061
dollars or more and is less than thirty-seven thousand five 2062
hundred dollars, theft from an elderly person or disabled adult is 2063
a felony of the third degree. If the value of the property or 2064
services stolen is thirty-seven thousand five hundred dollars or 2065
more and is less than one hundred fifty thousand dollars, theft 2066
from an elderly person or disabled adult is a felony of the second 2067
degree. If the value of the property or services stolen is one 2068
hundred fifty thousand dollars or more, theft from an elderly 2069
person or disabled adult is a felony of the first degree.2070

       (4) If the property stolen is a firearm or dangerous 2071
ordnance, a violation of this section is grand theft. Except as 2072
otherwise provided in this division, grand theft when the property 2073
stolen is a firearm or dangerous ordnance is a felony of the third 2074
degree, and there is a presumption in favor of the court imposing 2075
a prison term for the offense. If the firearm or dangerous 2076
ordnance was stolen from a federally licensed firearms dealer, 2077
grand theft when the property stolen is a firearm or dangerous 2078
ordnance is a felony of the first degree. The offender shall serve 2079
a prison term imposed for grand theft when the property stolen is 2080
a firearm or dangerous ordnance consecutively to any other prison 2081
term or mandatory prison term previously or subsequently imposed 2082
upon the offender.2083

       (5) If the property stolen is a motor vehicle, a violation of 2084
this section is grand theft of a motor vehicle, a felony of the 2085
fourth degree.2086

       (6) If the property stolen is any dangerous drug, a violation 2087
of this section is theft of drugs, a felony of the fourth degree, 2088
or, if the offender previously has been convicted of a felony drug 2089
abuse offense, a felony of the third degree.2090

       (7) If the property stolen is a police dog or horse or an 2091
assistance dog and the offender knows or should know that the 2092
property stolen is a police dog or horse or an assistance dog, a 2093
violation of this section is theft of a police dog or horse or an 2094
assistance dog, a felony of the third degree.2095

       (8) If the property stolen is anhydrous ammonia, a violation 2096
of this section is theft of anhydrous ammonia, a felony of the 2097
third degree.2098

       (9) In addition to the penalties described in division (B)(2) 2099
of this section, if the offender committed the violation by 2100
causing a motor vehicle to leave the premises of an establishment 2101
at which gasoline is offered for retail sale without the offender 2102
making full payment for gasoline that was dispensed into the fuel 2103
tank of the motor vehicle or into another container, the court may 2104
do one of the following:2105

        (a) Unless division (B)(9)(b) of this section applies, 2106
suspend for not more than six months the offender's driver's 2107
license, probationary driver's license, commercial driver's 2108
license, temporary instruction permit, or nonresident operating 2109
privilege;2110

        (b) If the offender's driver's license, probationary driver's 2111
license, commercial driver's license, temporary instruction 2112
permit, or nonresident operating privilege has previously been 2113
suspended pursuant to division (B)(9)(a) of this section, impose a 2114
class seven suspension of the offender's license, permit, or 2115
privilege from the range specified in division (A)(7) of section 2116
4510.02 of the Revised Code, provided that the suspension shall be 2117
for at least six months.2118

       (c) The court, in lieu of suspending the offender's driver's 2119
or commercial driver's license, probationary driver's license, 2120
temporary instruction permit, or nonresident operating privilege 2121
pursuant to division (B)(9)(a) or (b) of this section, instead may 2122
require the offender to perform community service for a number of 2123
hours determined by the court.2124

       (10) In addition to the penalties described in division 2125
(B)(2) of this section, if the offender committed the violation by 2126
stealing rented property or rental services, the court may order 2127
that the offender make restitution pursuant to section 2929.18 or 2128
2929.28 of the Revised Code. Restitution may include, but is not 2129
limited to, the cost of repairing or replacing the stolen 2130
property, or the cost of repairing the stolen property and any 2131
loss of revenue resulting from deprivation of the property due to 2132
theft of rental services that is less than or equal to the actual 2133
value of the property at the time it was rented. Evidence of 2134
intent to commit theft of rented property or rental services shall 2135
be determined pursuant to the provisions of section 2913.72 of the 2136
Revised Code.2137

       (C) The sentencing court that suspends an offender's license, 2138
permit, or nonresident operating privilege under division (B)(9) 2139
of this section may grant the offender limited driving privileges 2140
during the period of the suspension in accordance with Chapter 2141
4510. of the Revised Code.2142

       Sec. 2923.122.  (A) No person shall knowingly convey, or 2143
attempt to convey, a deadly weapon or dangerous ordnance into a 2144
school safety zone.2145

       (B) No person shall knowingly possess a deadly weapon or 2146
dangerous ordnance in a school safety zone.2147

       (C) No person shall knowingly possess an object in a school 2148
safety zone if both of the following apply:2149

       (1) The object is indistinguishable from a firearm, whether 2150
or not the object is capable of being fired.2151

       (2) The person indicates that the person possesses the object 2152
and that it is a firearm, or the person knowingly displays or 2153
brandishes the object and indicates that it is a firearm.2154

       (D)(1) This section does not apply to any of the following:2155

       (a) An officer, agent, or employee of this or any other state 2156
or the United States, or a law enforcement officer, who is 2157
authorized to carry deadly weapons or dangerous ordnance and is 2158
acting within the scope of the officer's, agent's, or employee's 2159
duties, a security officer employed by a board of education or 2160
governing body of a school during the time that the security 2161
officer is on duty pursuant to that contract of employment, or any 2162
other person who has written authorization from the board of 2163
education or governing body of a school to convey deadly weapons 2164
or dangerous ordnance into a school safety zone or to possess a 2165
deadly weapon or dangerous ordnance in a school safety zone and 2166
who conveys or possesses the deadly weapon or dangerous ordnance 2167
in accordance with that authorization;2168

       (b) Any person who is employed in this state, who is 2169
authorized to carry deadly weapons or dangerous ordnance, and who 2170
is subject to and in compliance with the requirements of section 2171
109.801 of the Revised Code, unless the appointing authority of 2172
the person has expressly specified that the exemption provided in 2173
division (D)(1)(b) of this section does not apply to the person. 2174

       (2) Division (C) of this section does not apply to premises 2175
upon which home schooling is conducted. Division (C) of this 2176
section also does not apply to a school administrator, teacher, or 2177
employee who possesses an object that is indistinguishable from a 2178
firearm for legitimate school purposes during the course of 2179
employment, a student who uses an object that is indistinguishable 2180
from a firearm under the direction of a school administrator, 2181
teacher, or employee, or any other person who with the express 2182
prior approval of a school administrator possesses an object that 2183
is indistinguishable from a firearm for a legitimate purpose, 2184
including the use of the object in a ceremonial activity, a play, 2185
reenactment, or other dramatic presentation, or a ROTC activity or 2186
another similar use of the object.2187

       (3) This section does not apply to a person who conveys or 2188
attempts to convey a handgun into, or possesses a handgun in, a 2189
school safety zone if, at the time of that conveyance, attempted 2190
conveyance, or possession of the handgun, all of the following 2191
apply:2192

        (a) The person does not enter into a school building or onto 2193
school premises and is not at a school activity.2194

       (b) The person is carrying a valid license or temporary 2195
emergency license to carry a concealed handgun issued to the 2196
person under section 2923.125 or 2923.1213 of the Revised Code or 2197
a license to carry a concealed handgun that was issued by another 2198
state with which the attorney general has entered into a 2199
reciprocity agreement under section 109.69 of the Revised Code.2200

       (c) The person is in the school safety zone in accordance 2201
with 18 U.S.C. 922(q)(2)(B).2202

       (d) The person is not knowingly in a place described in 2203
division (B)(1) or (B)(3) to (10) of section 2923.126 of the 2204
Revised Code.2205

       (4) This section does not apply to a person who conveys or 2206
attempts to convey a handgun into, or possesses a handgun in, a 2207
school safety zone if at the time of that conveyance, attempted 2208
conveyance, or possession of the handgun all of the following 2209
apply:2210

       (a) The person is carrying a valid license or temporary 2211
emergency license to carry a concealed handgun issued to the 2212
person under section 2923.125 or 2923.1213 of the Revised Code or 2213
a license to carry a concealed handgun that was issued by another 2214
state with which the attorney general has entered into a 2215
reciprocity agreement under section 109.69 of the Revised Code.2216

       (b) The person is the driver or passenger in a motor vehicle 2217
and is in the school safety zone while immediately in the process 2218
of picking up or dropping off a child.2219

       (c) The person is not in violation of section 2923.16 of the 2220
Revised Code.2221

       (E)(1) Whoever violates division (A) or (B) of this section 2222
is guilty of illegal conveyance or possession of a deadly weapon 2223
or dangerous ordnance in a school safety zone. Except as otherwise 2224
provided in this division, illegal conveyance or possession of a 2225
deadly weapon or dangerous ordnance in a school safety zone is a 2226
felony of the fifth degree. If the offender previously has been 2227
convicted of a violation of this section, illegal conveyance or 2228
possession of a deadly weapon or dangerous ordnance in a school 2229
safety zone is a felony of the fourth degree.2230

       (2) Whoever violates division (C) of this section is guilty 2231
of illegal possession of an object indistinguishable from a 2232
firearm in a school safety zone. Except as otherwise provided in 2233
this division, illegal possession of an object indistinguishable 2234
from a firearm in a school safety zone is a misdemeanor of the 2235
first degree. If the offender previously has been convicted of a 2236
violation of this section, illegal possession of an object 2237
indistinguishable from a firearm in a school safety zone is a 2238
felony of the fifth degree.2239

       (F)(1) In addition to any other penalty imposed upon a person 2240
who is convicted of or pleads guilty to a violation of this 2241
section and subject to division (F)(2) of this section, if the 2242
offender has not attained nineteen years of age, regardless of 2243
whether the offender is attending or is enrolled in a school 2244
operated by a board of education or for which the state board of 2245
education prescribes minimum standards under section 3301.07 of 2246
the Revised Code, the court shall impose upon the offender a class 2247
four suspension of the offender's probationary driver's license, 2248
restricted license, driver's license, commercial driver's license, 2249
temporary instruction permit, or probationary commercial driver's 2250
license that then is in effect from the range specified in 2251
division (A)(4) of section 4510.02 of the Revised Code and shall 2252
deny the offender the issuance of any permit or license of that 2253
type during the period of the suspension.2254

       If the offender is not a resident of this state, the court 2255
shall impose a class four suspension of the nonresident operating 2256
privilege of the offender from the range specified in division 2257
(A)(4) of section 4510.02 of the Revised Code.2258

       (2) If the offender shows good cause why the court should not 2259
suspend one of the types of licenses, permits, or privileges 2260
specified in division (F)(1) of this section or deny the issuance 2261
of one of the temporary instruction permits specified in that 2262
division, the court in its discretion may choose not to impose the 2263
suspension, revocation, or denial required in that division, but 2264
the court, in its discretion, instead may require the offender to 2265
perform community service for a number of hours determined by the 2266
court.2267

       (G) As used in this section, "object that is 2268
indistinguishable from a firearm" means an object made, 2269
constructed, or altered so that, to a reasonable person without 2270
specialized training in firearms, the object appears to be a 2271
firearm.2272

       Sec. 2925.14.  (A) As used in this section, "drug 2273
paraphernalia" means any equipment, product, or material of any 2274
kind that is used by the offender, intended by the offender for 2275
use, or designed for use, in propagating, cultivating, growing, 2276
harvesting, manufacturing, compounding, converting, producing, 2277
processing, preparing, testing, analyzing, packaging, repackaging, 2278
storing, containing, concealing, injecting, ingesting, inhaling, 2279
or otherwise introducing into the human body, a controlled 2280
substance in violation of this chapter. "Drug paraphernalia" 2281
includes, but is not limited to, any of the following equipment, 2282
products, or materials that are used by the offender, intended by 2283
the offender for use, or designed by the offender for use, in any 2284
of the following manners:2285

       (1) A kit for propagating, cultivating, growing, or 2286
harvesting any species of a plant that is a controlled substance 2287
or from which a controlled substance can be derived;2288

       (2) A kit for manufacturing, compounding, converting, 2289
producing, processing, or preparing a controlled substance;2290

       (3) Any object, instrument, or device for manufacturing, 2291
compounding, converting, producing, processing, or preparing 2292
methamphetamine;2293

       (4) An isomerization device for increasing the potency of any 2294
species of a plant that is a controlled substance;2295

       (5) Testing equipment for identifying, or analyzing the 2296
strength, effectiveness, or purity of, a controlled substance;2297

       (6) A scale or balance for weighing or measuring a controlled 2298
substance;2299

       (7) A diluent or adulterant, such as quinine hydrochloride, 2300
mannitol, mannite, dextrose, or lactose, for cutting a controlled 2301
substance;2302

       (8) A separation gin or sifter for removing twigs and seeds 2303
from, or otherwise cleaning or refining, marihuana;2304

       (9) A blender, bowl, container, spoon, or mixing device for 2305
compounding a controlled substance;2306

       (10) A capsule, balloon, envelope, or container for packaging 2307
small quantities of a controlled substance;2308

       (11) A container or device for storing or concealing a 2309
controlled substance;2310

       (12) A hypodermic syringe, needle, or instrument for 2311
parenterally injecting a controlled substance into the human body;2312

       (13) An object, instrument, or device for ingesting, 2313
inhaling, or otherwise introducing into the human body, marihuana, 2314
cocaine, hashish, or hashish oil, such as a metal, wooden, 2315
acrylic, glass, stone, plastic, or ceramic pipe, with or without a 2316
screen, permanent screen, hashish head, or punctured metal bowl; 2317
water pipe; carburetion tube or device; smoking or carburetion 2318
mask; roach clip or similar object used to hold burning material, 2319
such as a marihuana cigarette, that has become too small or too 2320
short to be held in the hand; miniature cocaine spoon, or cocaine 2321
vial; chamber pipe; carburetor pipe; electric pipe; air driver 2322
pipe; chillum; bong; or ice pipe or chiller.2323

       (B) In determining if any equipment, product, or material is 2324
drug paraphernalia, a court or law enforcement officer shall 2325
consider, in addition to other relevant factors, the following:2326

       (1) Any statement by the owner, or by anyone in control, of 2327
the equipment, product, or material, concerning its use;2328

       (2) The proximity in time or space of the equipment, product, 2329
or material, or of the act relating to the equipment, product, or 2330
material, to a violation of any provision of this chapter;2331

       (3) The proximity of the equipment, product, or material to 2332
any controlled substance;2333

       (4) The existence of any residue of a controlled substance on 2334
the equipment, product, or material;2335

       (5) Direct or circumstantial evidence of the intent of the 2336
owner, or of anyone in control, of the equipment, product, or 2337
material, to deliver it to any person whom the owner or person in 2338
control of the equipment, product, or material knows intends to 2339
use the object to facilitate a violation of any provision of this 2340
chapter. A finding that the owner, or anyone in control, of the 2341
equipment, product, or material, is not guilty of a violation of 2342
any other provision of this chapter does not prevent a finding 2343
that the equipment, product, or material was intended or designed 2344
by the offender for use as drug paraphernalia.2345

       (6) Any oral or written instruction provided with the 2346
equipment, product, or material concerning its use;2347

       (7) Any descriptive material accompanying the equipment, 2348
product, or material and explaining or depicting its use;2349

       (8) National or local advertising concerning the use of the 2350
equipment, product, or material;2351

       (9) The manner and circumstances in which the equipment, 2352
product, or material is displayed for sale;2353

       (10) Direct or circumstantial evidence of the ratio of the 2354
sales of the equipment, product, or material to the total sales of 2355
the business enterprise;2356

       (11) The existence and scope of legitimate uses of the 2357
equipment, product, or material in the community;2358

       (12) Expert testimony concerning the use of the equipment, 2359
product, or material.2360

       (C)(1) NoSubject to division (D)(2) of this section, no2361
person shall knowingly use, or possess with purpose to use, drug 2362
paraphernalia.2363

       (2) No person shall knowingly sell, or possess or manufacture 2364
with purpose to sell, drug paraphernalia, if the person knows or 2365
reasonably should know that the equipment, product, or material 2366
will be used as drug paraphernalia.2367

       (3) No person shall place an advertisement in any newspaper, 2368
magazine, handbill, or other publication that is published and 2369
printed and circulates primarily within this state, if the person 2370
knows that the purpose of the advertisement is to promote the 2371
illegal sale in this state of the equipment, product, or material 2372
that the offender intended or designed for use as drug 2373
paraphernalia.2374

       (D)(1) This section does not apply to manufacturers, licensed 2375
health professionals authorized to prescribe drugs, pharmacists, 2376
owners of pharmacies, and other persons whose conduct is in 2377
accordance with Chapters 3719., 4715., 4723., 4729., 4730., 4731., 2378
and 4741. of the Revised Code. This section shall not be construed 2379
to prohibit the possession or use of a hypodermic as authorized by 2380
section 3719.172 of the Revised Code.2381

       (2) Division (C)(1) of this section does not apply to a 2382
person's use, or possession with purpose to use, any drug 2383
paraphernalia that is equipment, a product, or material of any 2384
kind that is used by the person, intended by the person for use, 2385
or designed for use in storing, containing, concealing, injecting, 2386
ingesting, inhaling, or otherwise introducing into the human body 2387
marihuana.2388

       (E) Notwithstanding Chapter 2981. of the Revised Code, any 2389
drug paraphernalia that was used, possessed, sold, or manufactured 2390
in a violation of this section shall be seized, after a conviction 2391
for that violation shall be forfeited, and upon forfeiture shall 2392
be disposed of pursuant to division (B) of section 2981.12 of the 2393
Revised Code.2394

       (F)(1) Whoever violates division (C)(1) of this section is 2395
guilty of illegal use or possession of drug paraphernalia, a 2396
misdemeanor of the fourth degree.2397

       (2) Except as provided in division (F)(3) of this section, 2398
whoever violates division (C)(2) of this section is guilty of 2399
dealing in drug paraphernalia, a misdemeanor of the second degree.2400

       (3) Whoever violates division (C)(2) of this section by 2401
selling drug paraphernalia to a juvenile is guilty of selling drug 2402
paraphernalia to juveniles, a misdemeanor of the first degree.2403

       (4) Whoever violates division (C)(3) of this section is 2404
guilty of illegal advertising of drug paraphernalia, a misdemeanor 2405
of the second degree.2406

       (G) In addition to any other sanction imposed upon an 2407
offender for a violation of this section, the court shall suspend 2408
for not less than six months or more than five years the 2409
offender's driver's or commercial driver's license or permit. If 2410
the offender is a professionally licensed person, in addition to 2411
any other sanction imposed for a violation of this section, the 2412
court immediately shall comply with section 2925.38 of the Revised 2413
Code.2414

       Sec. 2925.141. (A) As used in this section, "drug 2415
paraphernalia" has the same meaning as in section 2925.14 of the 2416
Revised Code.2417

        (B) In determining if any equipment, product, or material is 2418
drug paraphernalia, a court or law enforcement officer shall 2419
consider, in addition to other relevant factors, all factors 2420
identified in division (B) of section 2925.14 of the Revised Code.2421

        (C) No person shall knowingly use, or possess with purpose to 2422
use, any drug paraphernalia that is equipment, a product, or 2423
material of any kind that is used by the person, intended by the 2424
person for use, or designed for use in storing, containing, 2425
concealing, injecting, ingesting, inhaling, or otherwise 2426
introducing into the human body marihuana.2427

        (D) This section does not apply to any person identified in 2428
division (D)(1) of section 2925.14 of the Revised Code, and it 2429
shall not be construed to prohibit the possession or use of a 2430
hypodermic as authorized by section 3719.172 of the Revised Code.2431

        (E) Division (E) of section 2925.14 of the Revised Code 2432
applies with respect to any drug paraphernalia that was used or 2433
possessed in violation of this section.2434

        (F) Whoever violates division (C) of this section is guilty 2435
of illegal use or possession of marihuana drug paraphernalia, a 2436
minor misdemeanor.2437

        (G) In addition to any other sanction imposed upon an 2438
offender for a violation of this section, the court shall suspend 2439
for not less than six months or more than five years the 2440
offender's driver's or commercial driver's license or permit. If 2441
the offender is a professionally licensed person, in addition to 2442
any other sanction imposed for a violation of this section, the 2443
court immediately shall comply with section 2925.38 of the Revised 2444
Code.2445

       Sec. 2925.38.  If a person who is convicted of or pleads 2446
guilty to a violation of section 2925.02, 2925.03, 2925.04, 2447
2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.14,2448
2925.141, 2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 2449
of the Revised Code is a professionally licensed person, in 2450
addition to any other sanctions imposed for the violation, the 2451
court, except as otherwise provided in this section, immediately 2452
shall transmit a certified copy of the judgment entry of 2453
conviction to the regulatory or licensing board or agency that has 2454
the administrative authority to suspend or revoke the offender's 2455
professional license. If the professionally licensed person who is 2456
convicted of or pleads guilty to a violation of any section listed 2457
in this section is a person who has been admitted to the bar by 2458
order of the supreme court in compliance with its prescribed and 2459
published rules, in addition to any other sanctions imposed for 2460
the violation, the court immediately shall transmit a certified 2461
copy of the judgment entry of conviction to the secretary of the 2462
board of commissioners on grievances and discipline of the supreme 2463
court and to either the disciplinary counsel or the president, 2464
secretary, and chairperson of each certified grievance committee.2465

       Sec. 2947.23.  (A)(1)(a) In all criminal cases, including 2466
violations of ordinances, the judge or magistrate shall include in 2467
the sentence the costs of prosecution, including any costs under 2468
section 2947.231 of the Revised Code, and render a judgment 2469
against the defendant for such costs. At the time the judge or 2470
magistrate imposes sentence, the judge or magistrate shall notify 2471
the defendant of both of the following:2472

       (a)(i) If the defendant fails to pay that judgment or fails 2473
to timely make payments towards that judgment under a payment 2474
schedule approved by the court, the court may order the defendant 2475
to perform community service in an amount of not more than forty 2476
hours per month until the judgment is paid or until the court is 2477
satisfied that the defendant is in compliance with the approved 2478
payment schedule.2479

       (b)(ii) If the court orders the defendant to perform the 2480
community service, the defendant will receive credit upon the 2481
judgment at the specified hourly credit rate per hour of community 2482
service performed, and each hour of community service performed 2483
will reduce the judgment by that amount.2484

       (b) The failure of a judge or magistrate to notify the 2485
defendant pursuant to division (A)(1)(a) of this section does not 2486
negate or limit the authority of the court to order the defendant 2487
to perform community service if the defendant fails to pay the 2488
judgment described in that division or to timely make payments 2489
toward that judgment under an approved payment plan.2490

       (2) The following shall apply in all criminal cases:2491

       (a) If a jury has been sworn at the trial of a case, the fees 2492
of the jurors shall be included in the costs, which shall be paid 2493
to the public treasury from which the jurors were paid.2494

       (b) If a jury has not been sworn at the trial of a case 2495
because of a defendant's failure to appear without good cause, the 2496
costs incurred in summoning jurors for that particular trial may 2497
be included in the costs of prosecution. If the costs incurred in 2498
summoning jurors are assessed against the defendant, those costs 2499
shall be paid to the public treasury from which the jurors were 2500
paid.2501

       (B) If a judge or magistrate has reason to believe that a 2502
defendant has failed to pay the judgment described in division (A) 2503
of this section or has failed to timely make payments towards that 2504
judgment under a payment schedule approved by the judge or 2505
magistrate, the judge or magistrate shall hold a hearing to 2506
determine whether to order the offender to perform community 2507
service for that failure. The judge or magistrate shall notify 2508
both the defendant and the prosecuting attorney of the place, 2509
time, and date of the hearing and shall give each an opportunity 2510
to present evidence. If, after the hearing, the judge or 2511
magistrate determines that the defendant has failed to pay the 2512
judgment or to timely make payments under the payment schedule and 2513
that imposition of community service for the failure is 2514
appropriate, the judge or magistrate may order the offender to 2515
perform community service in an amount of not more than forty 2516
hours per month until the judgment is paid or until the judge or 2517
magistrate is satisfied that the offender is in compliance with 2518
the approved payment schedule. If the judge or magistrate orders 2519
the defendant to perform community service under this division, 2520
the defendant shall receive credit upon the judgment at the 2521
specified hourly credit rate per hour of community service 2522
performed, and each hour of community service performed shall 2523
reduce the judgment by that amount. Except for the credit and 2524
reduction provided in this division, ordering an offender to 2525
perform community service under this division does not lessen the 2526
amount of the judgment and does not preclude the state from taking 2527
any other action to execute the judgment.2528

       (C) As used in this section, "specified hourly credit rate" 2529
means the wage rate that is specified in 26 U.S.C.A. 206(a)(1) 2530
under the federal Fair Labor Standards Act of 1938, that then is 2531
in effect, and that an employer subject to that provision must pay 2532
per hour to each of the employer's employees who is subject to 2533
that provision.2534

       Sec. 2949.08.  (A) When a person who is convicted of or 2535
pleads guilty to a felony is sentenced to a community residential 2536
sanction in a community-based correctional facility pursuant to 2537
section 2929.16 of the Revised Code or when a person who is 2538
convicted of or pleads guilty to a felony or a misdemeanor is 2539
sentenced to a term of imprisonment in a jail, the judge or 2540
magistrate shall order the person into the custody of the sheriff 2541
or constable, and the sheriff or constable shall deliver the 2542
person with the record of the person's conviction to the jailer, 2543
administrator, or keeper, in whose custody the person shall remain 2544
until the term of imprisonment expires or the person is otherwise 2545
legally discharged.2546

       (B) The record of the person's conviction shall specify the 2547
total number of days, if any, that the person was confined for any 2548
reason arising out of the offense for which the person was 2549
convicted and sentenced prior to delivery to the jailer, 2550
administrator, or keeper under this section. The record shall be 2551
used to determine any reduction of sentence under division (C) of 2552
this section.2553

       (C)(1) If the person is sentenced to a jail for a felony or a 2554
misdemeanor, the jailer in charge of a jail shall reduce the 2555
sentence of a person delivered into the jailer's custody pursuant 2556
to division (A) of this section by the total number of days the 2557
person was confined for any reason arising out of the offense for 2558
which the person was convicted and sentenced, including 2559
confinement in lieu of bail while awaiting trial, confinement for 2560
examination to determine the person's competence to stand trial or 2561
to determine sanity, and confinement while awaiting transportation 2562
to the place where the person is to serve the sentence, and 2563
confinement in a juvenile facility.2564

       (2) If the person is sentenced to a community-based 2565
correctional facility for a felony, the total amount of time that 2566
a person shall be confined in a community-based correctional 2567
facility, in a jail, and for any reason arising out of the offense 2568
for which the person was convicted and sentenced prior to delivery 2569
to the jailer, administrator, or keeper shall not exceed the 2570
maximum prison term available for that offense. Any term in a jail 2571
shall be reduced first pursuant to division (C)(1) of this section 2572
by the total number of days the person was confined prior to 2573
delivery to the jailer, administrator, or keeper. Only after the 2574
term in a jail has been entirely reduced may the term in a 2575
community-based correctional facility be reduced pursuant to this 2576
division. This division does not affect the limitations placed on 2577
the duration of a term in a jail or a community-based correctional 2578
facility under divisions (A)(1), (2), and (3) of section 2929.16 2579
of the Revised Code.2580

       (D) For purposes of divisions (B) and (C) of this section, a 2581
person shall be considered to have been confined for a day if the 2582
person was confined for any period or periods of time totaling 2583
more than eight hours during that day.2584

       (E) As used in this section, "community-based correctional 2585
facility" and "jail" have the same meanings as in section 2929.01 2586
of the Revised Code.2587

       Sec. 2953.25.  (A) As used in this section:2588

       (1) "Collateral sanction" means a penalty, disability, or 2589
disadvantage that is related to employment or occupational 2590
licensing, however denominated, as a result of the individual's 2591
conviction of or plea of guilty to an offense and that applies by 2592
operation of law in this state whether or not the penalty, 2593
disability, or disadvantage is included in the sentence or 2594
judgment imposed.2595

       "Collateral sanction" does not include imprisonment, 2596
probation, parole, supervised release, forfeiture, restitution, 2597
fine, assessment, or costs of prosecution.2598

       (2) "Decision-maker" includes, but is not limited to, the 2599
state acting through a department, agency, board, commission, or 2600
instrumentality established by the law of this state for the 2601
exercise of any function of government, a political subdivision, 2602
an educational institution, or a government contractor or 2603
subcontractor made subject to this section by contract, law, or 2604
ordinance.2605

       (3) "Department-funded program" means a residential or 2606
nonresidential program that is not a term in a state correctional 2607
institution, that is funded in whole or part by the department of 2608
rehabilitation and correction, and that is imposed as a sanction 2609
for an offense, as part of a sanction that is imposed for an 2610
offense, or as a term or condition of any sanction that is imposed 2611
for an offense.2612

       (4) "Designee" means the person designated by the deputy 2613
director of the division of parole and community services to 2614
perform the duties designated in division (B) of this section.2615

       (5) "Division of parole and community services" means the 2616
division of parole and community services of the department of 2617
rehabilitation and correction.2618

       (6) "Offense" means any felony or misdemeanor under the laws 2619
of this state.2620

       (7) "Political subdivision" has the same meaning as in 2621
section 2969.21 of the Revised Code.2622

       (B)(1) After the provisions of this division become operative 2623
as described in division (J) of this section, an individual who is 2624
subject to one or more collateral sanctions as a result of being 2625
convicted of or pleading guilty to an offense and who either has 2626
served a term in a state correctional institution for any offense 2627
or has spent time in a department-funded program for any offense 2628
may file a petition with the designee of the deputy director of 2629
the division of parole and community services for a certificate of 2630
qualification for employment.2631

       (2) After the provisions of this division become operative as 2632
described in division (J) of this section, an individual who is 2633
subject to one or more collateral sanctions as a result of being 2634
convicted of or pleading guilty to an offense and who is not in a 2635
category described in division (B)(1) of this section may file a 2636
petition with the court of common pleas of the county in which the 2637
person resides or with the designee of the deputy director of the 2638
division of parole and community services for a certificate of 2639
qualification for employment. 2640

       (3) A petition under division (B)(1) or (2) of this section 2641
shall be made on a copy of the form prescribed by the division of 2642
parole and community services under division (J) of this section 2643
and shall contain all of the information described in division (F) 2644
of this section.2645

       (4) An individual may file a petition under division (B)(1) 2646
or (2) of this section at any time after the expiration of 2647
whichever of the following is applicable: 2648

       (a) If the offense that resulted in the collateral sanction 2649
from which the individual seeks relief is a felony, at any time 2650
after the expiration of one year from the date of release of the 2651
individual from any period of incarceration in a state or local 2652
correctional facility that was imposed for that offense and all 2653
periods of supervision imposed after release from the period of 2654
incarceration or, if the individual was not incarcerated for that 2655
offense, at any time after the expiration of one year from the 2656
date of the individual's final release from all other sanctions 2657
imposed for that offense.2658

       (b) If the offense that resulted in the collateral sanction 2659
from which the individual seeks relief is a misdemeanor, at any 2660
time after the expiration of six months from the date of release 2661
of the individual from any period of incarceration in a local 2662
correctional facility that was imposed for that offense and all 2663
periods of supervision imposed after release from the period of 2664
incarceration or, if the individual was not incarcerated for that 2665
offense, at any time after the expiration of six months from the 2666
date of the final release of the individual from all sanctions 2667
imposed for that offense including any period of supervision.2668

       (5)(a) A designee that receives a petition for a 2669
certification of qualification for employment from an individual 2670
under division (B)(1) or (2) of this section shall review the 2671
petition to determine whether it is complete. If the petition is 2672
complete, the designee shall forward the petition, and any other 2673
information the designee possesses that relates to the petition, 2674
to the court of common pleas of the county in which the individual 2675
resides.2676

       (b) A court of common pleas that receives a petition for a 2677
certificate of qualification for employment from an individual 2678
under division (B)(2) of this section, or that is forwarded a 2679
petition for such a certificate under division (B)(5)(a) of this 2680
section, shall attempt to determine all other courts in this state 2681
in which the individual was convicted of or pleaded guilty to an 2682
offense other than the offense from which the individual is 2683
seeking relief. The court that receives or is forwarded the 2684
petition shall notify all other courts in this state that it 2685
determines under this division were courts in which the individual 2686
was convicted of or pleaded guilty to an offense other than the 2687
offense from which the individual is seeking relief that the 2688
individual has filed the petition and that the court may send 2689
comments regarding the possible issuance of the certificate.2690

       A court of common pleas that receives a petition for a 2691
certificate of qualification for employment under division (B)(2) 2692
of this section shall notify the prosecuting attorney of the 2693
county in which the individual resides that the individual has 2694
filed the petition.2695

       (C)(1) Upon receiving a petition for a certificate of 2696
qualification for employment filed by an individual under division 2697
(B)(2) of this section or being forwarded a petition for such a 2698
certificate under division (B)(5)(a) of this section, the court 2699
shall review the individual's petition, the individual's criminal 2700
history, all filings submitted by the prosecutor or by the victim 2701
in accordance with rules adopted by the division of parole and 2702
community services, and all other relevant evidence. The court may 2703
order any report, investigation, or disclosure by the individual 2704
that the court believes is necessary for the court to reach a 2705
decision on whether to approve the individual's petition for a 2706
certificate of qualification for employment.2707

       (2) Upon receiving a petition for a certificate of 2708
qualification for employment filed by an individual under division 2709
(B)(2) of this section or being forwarded a petition for such a 2710
certificate under division (B)(5)(a) of this section, except as 2711
otherwise provided in this division, the court shall decide 2712
whether to issue the certificate within sixty days after the court 2713
receives or is forwarded the completed petition and all 2714
information requested for the court to make that decision. Upon 2715
request of the individual who filed the petition, the court may 2716
extend the sixty-day period specified in this division.2717

       (3) Subject to division (C)(5) of this section, a court that 2718
receives an individual's petition for a certificate of 2719
qualification for employment under division (B)(2) of this section 2720
or that is forwarded a petition for such a certificate under 2721
division (B)(5)(a) of this section may issue a certificate of 2722
qualification for employment, at the court's discretion, if the 2723
court finds that the individual has established all of the 2724
following by a preponderance of the evidence:2725

       (a) Granting the petition will materially assist the 2726
individual in obtaining employment or occupational licensing.2727

       (b) The individual has a substantial need for the relief 2728
requested in order to live a law-abiding life.2729

       (c) Granting the petition would not pose an unreasonable risk 2730
to the safety of the public or any individual.2731

       (4) The submission of an incomplete petition by an individual 2732
shall not be grounds for the designee or court to deny the 2733
petition.2734

       (5) A court that receives an individual's petition for a 2735
certificate of qualification for employment under division (B)(2) 2736
of this section or that is forwarded a petition for such a 2737
certificate under division (B)(5)(a) of this section shall not 2738
issue a certificate of qualification for employment that grants 2739
the individual relief from any of the following collateral 2740
sanctions:2741

       (a) Requirements imposed by Chapter 2950. of the Revised Code 2742
and rules adopted under sections 2950.13 and 2950.132 of the 2743
Revised Code;2744

       (b) A driver's license, commercial driver's license, or 2745
probationary license suspension, cancellation, or revocation 2746
pursuant to section 4510.037, 4510.07, 4511.19, or 4511.191 of the 2747
Revised Code if the relief sought is available pursuant to section 2748
4510.021 or division (B) of section 4510.13 of the Revised Code;2749

       (c) Restrictions on employment as a prosecutor or law 2750
enforcement officer;2751

       (d) The denial, ineligibility, or automatic suspension of a 2752
license that is imposed upon an individual applying for or holding 2753
a license as a health care professional under Title XLVII of the 2754
Revised Code if the individual is convicted of, pleads guilty to, 2755
is subject to a judicial finding of eligibility for intervention 2756
in lieu of conviction in this state under section 2951.041 of the 2757
Revised Code, or is subject to treatment or intervention in lieu 2758
of conviction for a violation of section 2903.01, 2903.02, 2759
2903.03, 2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2760
2911.01, 2911.11, or 2919.123 of the Revised Code; 2761

       (e) The immediate suspension of a license, certificate, or 2762
evidence of registration that is imposed upon an individual 2763
holding a license as a health care professional under Title XLVII 2764
of the Revised Code pursuant to division (C) of section 3719.121 2765
of the Revised Code;2766

       (f) The denial or ineligibility for employment in a pain 2767
clinic under division (B)(4) of section 4729.552 of the Revised 2768
Code;2769

       (g) The mandatory suspension of a license that is imposed on 2770
an individual applying for or holding a license as a health care 2771
professional under Title XLVII of the Revised Code pursuant to 2772
section 3123.43 of the Revised Code.2773

       (6) If a court that receives an individual's petition for a 2774
certificate of qualification for employment under division (B)(2) 2775
of this section or that is forwarded a petition for such a 2776
certificate under division (B)(5)(a) of this section denies the 2777
petition, the court shall provide written notice to the individual 2778
of the court's denial. The court may place conditions on the 2779
individual regarding the individual's filing of any subsequent 2780
petition for a certificate of qualification for employment. The 2781
written notice must notify the individual of any conditions placed 2782
on the individual's filing of a subsequent petition for a 2783
certificate of qualification for employment.2784

       If a court of common pleas that receives an individual's 2785
petition for a certificate of qualification for employment under 2786
division (B)(2) of this section or that is forwarded a petition 2787
for such a certificate under division (B)(5)(a) of this section 2788
denies the petition, the individual may appeal the decision to the 2789
court of appeals only if the individual alleges that the denial 2790
was an abuse of discretion on the part of the court of common 2791
pleas.2792

       (D) A certificate of qualification for employment issued to 2793
an individual lifts the automatic bar of a collateral sanction, 2794
and a decision-maker may consider on a case-by-case basis whether 2795
to grant or deny the issuance or restoration of an occupational 2796
license or an employment opportunity, notwithstanding the 2797
individual's possession of the certificate, without, however, 2798
reconsidering or rejecting any finding made by a designee or court 2799
under division (C)(3) of this section.2800

       (E) A certificate of qualification for employment does not 2801
grant the individual to whom the certificate was issued relief 2802
from the mandatory civil impacts identified in division (A)(1) of 2803
section 2961.01 or division (B) of section 2961.02 of the Revised 2804
Code.2805

       (F) A petition for a certificate of qualification for 2806
employment filed by an individual under division (B)(1) or (2) of 2807
this section shall include all of the following:2808

       (1) The individual's name, date of birth, and social security 2809
number;2810

       (2) All aliases of the individual and all social security 2811
numbers associated with those aliases;2812

       (3) The individual's residence address, including the city, 2813
county, and state of residence and zip code;2814

       (4) The length of time that the individual has been a 2815
resident of this state, expressed in years and months of 2816
residence;2817

       (5) The name or type of each collateral sanction from which 2818
the individual is requesting a certificate of qualification for 2819
employment;2820

       (6) A summary of the individual's criminal history with 2821
respect to each offense that is a disqualification from employment 2822
or licensing in an occupation or profession, including the years 2823
of each conviction or plea of guilty for each of those offenses;2824

       (7) A summary of the individual's employment history, 2825
specifying the name of, and dates of employment with, each 2826
employer;2827

       (8) Verifiable references and endorsements;2828

       (9) The name of one or more immediate family members of the 2829
individual, or other persons with whom the individual has a close 2830
relationship, who support the individual's reentry plan;2831

       (10) A summary of the reason the individual believes the 2832
certificate of qualification for employment should be granted;2833

       (11) Any other information required by rule by the department 2834
of rehabilitation and correction.2835

       (G)(1) In a judicial or administrative proceeding alleging 2836
negligence or other fault, a certificate of qualification for 2837
employment issued to an individual under this section may be 2838
introduced as evidence of a person's due care in hiring, 2839
retaining, licensing, leasing to, admitting to a school or 2840
program, or otherwise transacting business or engaging in activity 2841
with the individual to whom the certificate of qualification for 2842
employment was issued if the person knew of the certificate at the 2843
time of the alleged negligence or other fault.2844

       (2) In any proceeding on a claim against an employer for 2845
negligent hiring, a certificate of qualification for employment 2846
issued to an individual under this section shall provide immunity 2847
for the employer as to the claim if the employer knew of the 2848
certificate at the time of the alleged negligence.2849

       (3) If an employer hires an individual who has been issued a 2850
certificate of qualification for employment under this section, if 2851
the individual, after being hired, subsequently demonstrates 2852
dangerousness or is convicted of or pleads guilty to a felony, and 2853
if the employer retains the individual as an employee after the 2854
demonstration of dangerousness or the conviction or guilty plea, 2855
the employer may be held liable in a civil action that is based on 2856
or relates to the retention of the individual as an employee only 2857
if it is proved by a preponderance of the evidence that the person 2858
having hiring and firing responsibility for the employer had 2859
actual knowledge that the employee was dangerous or had been 2860
convicted of or pleaded guilty to the felony and was willful in 2861
retaining the individual as an employee after the demonstration of 2862
dangerousness or the conviction or guilty plea of which the person 2863
has actual knowledge.2864

       (H) A certificate of qualification for employment issued 2865
under this section shall be presumptively revoked if the 2866
individual to whom the certificate of qualification for employment 2867
was issued is convicted of or pleads guilty to a felony offense 2868
committed subsequent to the issuance of the certificate of 2869
qualification for employment.2870

       (I) A designee's forwarding, or failure to forward, a 2871
petition for a certificate of qualification for employment to a 2872
court or a court's issuance, or failure to issue, a petition for a 2873
certificate of qualification for employment to an individual under 2874
division (B) of this section does not give rise to a claim for 2875
damages against the department of rehabilitation and correction or 2876
court.2877

       (J) Not later than ninety days after the effective date of 2878
this section, the division of parole and community services shall 2879
adopt rules in accordance with Chapter 119. of the Revised Code 2880
for the implementation and administration of this section and 2881
shall prescribe the form for the petition to be used under 2882
division (B)(1) or (2) of this section. The form for the petition 2883
shall include places for all of the information specified in 2884
division (F) of this section. Upon the adoption of the rules, the 2885
provisions of divisions (A) to (I) of this section become 2886
operative.2887

       (K) The department of rehabilitation and correction shall 2888
conduct a study to determine the manner for transferring the 2889
mechanism for the issuance of a certificate of qualification for 2890
employment created by this section to an electronic database 2891
established and maintained by the department. The database to 2892
which the mechanism is to be transferred shall include granted 2893
certificates and revoked certificates and shall be designed to 2894
track the number of certificates granted and revoked, the 2895
industries, occupations, and professions with respect to which the 2896
certificates have been most applicable, the types of employers 2897
that have accepted the certificates, and the recidivism rates of 2898
individuals who have been issued the certificates. Not later than 2899
the date that is one year after the effective date of this 2900
section, the department of rehabilitation and correction shall 2901
submit to the general assembly and the governor a report that 2902
contains the results of the study and recommendations for 2903
transferring the mechanism for the issuance of certificate of 2904
qualification for employment created by this section to an 2905
electronic database established and maintained by the department.2906

       (L) The department of rehabilitation and correction, in 2907
conjunction with the Ohio judicial conference, shall conduct a 2908
study to determine whether the application process for 2909
certificates of qualification for employment created by this 2910
section is feasible based upon the caseload capacity of the 2911
department and the courts of common pleas. Not later than the date 2912
that is one year after the effective date of this section, the 2913
department shall submit to the general assembly a report that 2914
contains the results of the study and any recommendations for 2915
improvement of the application process.2916

       Sec. 2953.31.  As used in sections 2953.31 to 2953.36 of the 2917
Revised Code:2918

       (A) "FirstEligible offender" means anyone who has been 2919
convicted of an offense in this state or any other jurisdiction 2920
and who previously or subsequently has not been convicted of the 2921
same or a different offensehas not more than one felony 2922
conviction, not more than two misdemeanor convictions if the 2923
convictions are not of the same offense, or not more than one 2924
felony conviction and one misdemeanor conviction in this state or 2925
any other jurisdiction. When two or more convictions result from 2926
or are connected with the same act or result from offenses 2927
committed at the same time, they shall be counted as one 2928
conviction. When two or three convictions result from the same 2929
indictment, information, or complaint, from the same plea of 2930
guilty, or from the same official proceeding, and result from 2931
related criminal acts that were committed within a three-month 2932
period but do not result from the same act or from offenses 2933
committed at the same time, they shall be counted as one 2934
conviction, provided that a court may decide as provided in 2935
division (C)(1)(a) of section 2953.32 of the Revised Code that it 2936
is not in the public interest for the two or three convictions to 2937
be counted as one conviction.2938

       For purposes of, and except as otherwise provided in, this 2939
division, a conviction for a minor misdemeanor, for a violation of 2940
any section in Chapter 4507., 4510., 4511., 4513., or 4549. of the 2941
Revised Code, or for a violation of a municipal ordinance that is 2942
substantially similar to any section in those chapters is not a 2943
previous or subsequent conviction. However, a conviction for a 2944
violation of section 4511.19, 4511.251, 4549.02, 4549.021, 2945
4549.03, 4549.042, or 4549.62 or sections 4549.41 to 4549.46 of 2946
the Revised Code, for a violation of section 4510.11 or 4510.14 of 2947
the Revised Code that is based upon the offender's operation of a 2948
vehicle during a suspension imposed under section 4511.191 or 2949
4511.196 of the Revised Code, for a violation of a substantially 2950
equivalent municipal ordinance, for a felony violation of Title 2951
XLV of the Revised Code, or for a violation of a substantially 2952
equivalent former law of this state or former municipal ordinance 2953
shall be considered a previous or subsequent conviction.2954

       (B) "Prosecutor" means the county prosecuting attorney, city 2955
director of law, village solicitor, or similar chief legal 2956
officer, who has the authority to prosecute a criminal case in the 2957
court in which the case is filed.2958

       (C) "Bail forfeiture" means the forfeiture of bail by a 2959
defendant who is arrested for the commission of a misdemeanor, 2960
other than a defendant in a traffic case as defined in Traffic 2961
Rule 2, if the forfeiture is pursuant to an agreement with the 2962
court and prosecutor in the case.2963

       (D) "Official records" has the same meaning as in division 2964
(D) of section 2953.51 of the Revised Code.2965

       (E) "Official proceeding" has the same meaning as in section 2966
2921.01 of the Revised Code.2967

       (F) "Community control sanction" has the same meaning as in 2968
section 2929.01 of the Revised Code.2969

       (G) "Post-release control" and "post-release control 2970
sanction" have the same meanings as in section 2967.01 of the 2971
Revised Code.2972

       (H) "DNA database," "DNA record," and "law enforcement 2973
agency" have the same meanings as in section 109.573 of the 2974
Revised Code.2975

       (I) "Fingerprints filed for record" means any fingerprints 2976
obtained by the superintendent of the bureau of criminal 2977
identification and investigation pursuant to sections 109.57 and 2978
109.571 of the Revised Code.2979

       Sec. 2953.32.  (A)(1) Except as provided in section 2953.61 2980
of the Revised Code, a firstan eligible offender may apply to the 2981
sentencing court if convicted in this state, or to a court of 2982
common pleas if convicted in another state or in a federal court, 2983
for the sealing of the conviction record. Application may be made 2984
at the expiration of three years after the offender's final 2985
discharge if convicted of a felony, or at the expiration of one 2986
year after the offender's final discharge if convicted of a 2987
misdemeanor.2988

       (2) Any person who has been arrested for any misdemeanor 2989
offense and who has effected a bail forfeiture may apply to the 2990
court in which the misdemeanor criminal case was pending when bail 2991
was forfeited for the sealing of the record of the case. Except as 2992
provided in section 2953.61 of the Revised Code, the application 2993
may be filed at any time after the expiration of one year from the 2994
date on which the bail forfeiture was entered upon the minutes of 2995
the court or the journal, whichever entry occurs first.2996

       (B) Upon the filing of an application under this section, the 2997
court shall set a date for a hearing and shall notify the 2998
prosecutor for the case of the hearing on the application. The 2999
prosecutor may object to the granting of the application by filing 3000
an objection with the court prior to the date set for the hearing. 3001
The prosecutor shall specify in the objection the reasons for 3002
believing a denial of the application is justified. The court 3003
shall direct its regular probation officer, a state probation 3004
officer, or the department of probation of the county in which the 3005
applicant resides to make inquiries and written reports as the 3006
court requires concerning the applicant. If the applicant was 3007
convicted of or pleaded guilty to a violation of division (A)(2) 3008
or (B) of section 2919.21 of the Revised Code, the probation 3009
officer or county department of probation that the court directed 3010
to make inquiries concerning the applicant shall contact the child 3011
support enforcement agency enforcing the applicant's obligations 3012
under the child support order to inquire about the offender's 3013
compliance with the child support order.3014

       (C)(1) The court shall do each of the following:3015

       (a) Determine whether the applicant is a firstan eligible3016
offender or whether the forfeiture of bail was agreed to by the 3017
applicant and the prosecutor in the case. If the applicant applies 3018
as a firstan eligible offender pursuant to division (A)(1) of 3019
this section and has two or three convictions that result from the 3020
same indictment, information, or complaint, from the same plea of 3021
guilty, or from the same official proceeding, and result from 3022
related criminal acts that were committed within a three-month 3023
period but do not result from the same act or from offenses 3024
committed at the same time, in making its determination under this 3025
division, the court initially shall determine whether it is not in 3026
the public interest for the two or three convictions to be counted 3027
as one conviction. If the court determines that it is not in the 3028
public interest for the two or three convictions to be counted as 3029
one conviction, the court shall determine that the applicant is 3030
not a firstan eligible offender; if the court does not make that 3031
determination, the court shall determine that the offender is a 3032
firstan eligible offender.3033

       (b) Determine whether criminal proceedings are pending 3034
against the applicant;3035

       (c) If the applicant is a firstan eligible offender who 3036
applies pursuant to division (A)(1) of this section, determine 3037
whether the applicant has been rehabilitated to the satisfaction 3038
of the court;3039

       (d) If the prosecutor has filed an objection in accordance 3040
with division (B) of this section, consider the reasons against 3041
granting the application specified by the prosecutor in the 3042
objection;3043

       (e) Weigh the interests of the applicant in having the 3044
records pertaining to the applicant's conviction sealed against 3045
the legitimate needs, if any, of the government to maintain those 3046
records.3047

       (2) If the court determines, after complying with division 3048
(C)(1) of this section, that the applicant is a firstan eligible3049
offender or the subject of a bail forfeiture, that no criminal 3050
proceeding is pending against the applicant, and that the 3051
interests of the applicant in having the records pertaining to the 3052
applicant's conviction or bail forfeiture sealed are not 3053
outweighed by any legitimate governmental needs to maintain those 3054
records, and that the rehabilitation of an applicant who is a 3055
firstan eligible offender applying pursuant to division (A)(1) of 3056
this section has been attained to the satisfaction of the court, 3057
the court, except as provided in divisions (G) and (H) of this 3058
section, shall order all official records pertaining to the case 3059
sealed and, except as provided in division (F) of this section, 3060
all index references to the case deleted and, in the case of bail 3061
forfeitures, shall dismiss the charges in the case. The 3062
proceedings in the case shall be considered not to have occurred 3063
and the conviction or bail forfeiture of the person who is the 3064
subject of the proceedings shall be sealed, except that upon 3065
conviction of a subsequent offense, the sealed record of prior 3066
conviction or bail forfeiture may be considered by the court in 3067
determining the sentence or other appropriate disposition, 3068
including the relief provided for in sections 2953.31 to 2953.33 3069
of the Revised Code.3070

       (3) Upon the filing of an application under this section, the 3071
applicant, unless indigent, shall pay a fee of fifty dollars. The 3072
court shall pay thirty dollars of the fee into the state treasury. 3073
It shall pay twenty dollars of the fee into the county general 3074
revenue fund if the sealed conviction or bail forfeiture was 3075
pursuant to a state statute, or into the general revenue fund of 3076
the municipal corporation involved if the sealed conviction or 3077
bail forfeiture was pursuant to a municipal ordinance.3078

       (D) Inspection of the sealed records included in the order 3079
may be made only by the following persons or for the following 3080
purposes:3081

       (1) By a law enforcement officer or prosecutor, or the 3082
assistants of either, to determine whether the nature and 3083
character of the offense with which a person is to be charged 3084
would be affected by virtue of the person's previously having been 3085
convicted of a crime;3086

       (2) By the parole or probation officer of the person who is 3087
the subject of the records, for the exclusive use of the officer 3088
in supervising the person while on parole or under a community 3089
control sanction or a post-release control sanction, and in making 3090
inquiries and written reports as requested by the court or adult 3091
parole authority;3092

       (3) Upon application by the person who is the subject of the 3093
records, by the persons named in the application;3094

       (4) By a law enforcement officer who was involved in the 3095
case, for use in the officer's defense of a civil action arising 3096
out of the officer's involvement in that case;3097

       (5) By a prosecuting attorney or the prosecuting attorney's 3098
assistants, to determine a defendant's eligibility to enter a 3099
pre-trial diversion program established pursuant to section 3100
2935.36 of the Revised Code;3101

       (6) By any law enforcement agency or any authorized employee 3102
of a law enforcement agency or by the department of rehabilitation 3103
and correction as part of a background investigation of a person 3104
who applies for employment with the agency as a law enforcement 3105
officer or with the department as a corrections officer;3106

       (7) By any law enforcement agency or any authorized employee 3107
of a law enforcement agency, for the purposes set forth in, and in 3108
the manner provided in, section 2953.321 of the Revised Code;3109

       (8) By the bureau of criminal identification and 3110
investigation or any authorized employee of the bureau for the 3111
purpose of providing information to a board or person pursuant to 3112
division (F) or (G) of section 109.57 of the Revised Code;3113

       (9) By the bureau of criminal identification and 3114
investigation or any authorized employee of the bureau for the 3115
purpose of performing a criminal history records check on a person 3116
to whom a certificate as prescribed in section 109.77 of the 3117
Revised Code is to be awarded;3118

       (10) By the bureau of criminal identification and 3119
investigation or any authorized employee of the bureau for the 3120
purpose of conducting a criminal records check of an individual 3121
pursuant to division (B) of section 109.572 of the Revised Code 3122
that was requested pursuant to any of the sections identified in 3123
division (B)(1) of that section;3124

       (11) By the bureau of criminal identification and 3125
investigation, an authorized employee of the bureau, a sheriff, or 3126
an authorized employee of a sheriff in connection with a criminal 3127
records check described in section 311.41 of the Revised Code;3128

       (12) By the attorney general or an authorized employee of the 3129
attorney general or a court for purposes of determining a person's 3130
classification pursuant to Chapter 2950. of the Revised Code.3131

       When the nature and character of the offense with which a 3132
person is to be charged would be affected by the information, it 3133
may be used for the purpose of charging the person with an 3134
offense.3135

       (E) In any criminal proceeding, proof of any otherwise 3136
admissible prior conviction may be introduced and proved, 3137
notwithstanding the fact that for any such prior conviction an 3138
order of sealing previously was issued pursuant to sections 3139
2953.31 to 2953.36 of the Revised Code.3140

       (F) The person or governmental agency, office, or department 3141
that maintains sealed records pertaining to convictions or bail 3142
forfeitures that have been sealed pursuant to this section may 3143
maintain a manual or computerized index to the sealed records. The 3144
index shall contain only the name of, and alphanumeric identifiers 3145
that relate to, the persons who are the subject of the sealed 3146
records, the word "sealed," and the name of the person, agency, 3147
office, or department that has custody of the sealed records, and 3148
shall not contain the name of the crime committed. The index shall 3149
be made available by the person who has custody of the sealed 3150
records only for the purposes set forth in divisions (C), (D), and 3151
(E) of this section.3152

       (G) Notwithstanding any provision of this section or section 3153
2953.33 of the Revised Code that requires otherwise, a board of 3154
education of a city, local, exempted village, or joint vocational 3155
school district that maintains records of an individual who has 3156
been permanently excluded under sections 3301.121 and 3313.662 of 3157
the Revised Code is permitted to maintain records regarding a 3158
conviction that was used as the basis for the individual's 3159
permanent exclusion, regardless of a court order to seal the 3160
record. An order issued under this section to seal the record of a 3161
conviction does not revoke the adjudication order of the 3162
superintendent of public instruction to permanently exclude the 3163
individual who is the subject of the sealing order. An order 3164
issued under this section to seal the record of a conviction of an 3165
individual may be presented to a district superintendent as 3166
evidence to support the contention that the superintendent should 3167
recommend that the permanent exclusion of the individual who is 3168
the subject of the sealing order be revoked. Except as otherwise 3169
authorized by this division and sections 3301.121 and 3313.662 of 3170
the Revised Code, any school employee in possession of or having 3171
access to the sealed conviction records of an individual that were 3172
the basis of a permanent exclusion of the individual is subject to 3173
section 2953.35 of the Revised Code.3174

       (H) For purposes of sections 2953.31 to 2953.36 of the 3175
Revised Code, DNA records collected in the DNA database and 3176
fingerprints filed for record by the superintendent of the bureau 3177
of criminal identification and investigation shall not be sealed 3178
unless the superintendent receives a certified copy of a final 3179
court order establishing that the offender's conviction has been 3180
overturned. For purposes of this section, a court order is not 3181
"final" if time remains for an appeal or application for 3182
discretionary review with respect to the order.3183

       Sec. 2953.34.  Nothing in sections 2953.31 to 2953.33 of the 3184
Revised Code precludes a firstan eligible offender from taking an 3185
appeal or seeking any relief from histhe eligible offender's3186
conviction or from relying on it in lieu of any subsequent 3187
prosecution for the same offense.3188

       Sec. 2953.36.  Sections 2953.31 to 2953.35 of the Revised 3189
Code do not apply to any of the following:3190

       (A) Convictions when the offender is subject to a mandatory 3191
prison term;3192

       (B) Convictions under section 2907.02, 2907.03, 2907.04, 3193
2907.05, 2907.06, 2907.321, 2907.322, or 2907.323, former section 3194
2907.12, or Chapter 4507., 4510., 4511., or 4549. of the Revised 3195
Code, or a conviction for a violation of a municipal ordinance 3196
that is substantially similar to any section contained in any of 3197
those chapters;3198

       (C) Convictions of an offense of violence when the offense is 3199
a misdemeanor of the first degree or a felony and when the offense 3200
is not a violation of section 2917.03 of the Revised Code and is 3201
not a violation of section 2903.13, 2917.01, or 2917.31 of the 3202
Revised Code that is a misdemeanor of the first degree;3203

       (D) Convictions on or after the effective date of this 3204
amendmentOctober 10, 2007, under section 2907.07 of the Revised 3205
Code or a conviction on or after the effective date of this 3206
amendmentOctober 10, 2007, for a violation of a municipal 3207
ordinance that is substantially similar to that section; 3208

       (E) Convictions on or after the effective date of this 3209
amendmentOctober 10, 2007, under section 2907.08, 2907.09, 3210
2907.21, 2907.22, 2907.23, 2907.31, 2907.311, 2907.32, or 2907.33 3211
of the Revised Code when the victim of the offense was under 3212
eighteen years of age;3213

       (F) Convictions of an offense in circumstances in which the 3214
victim of the offense was under eighteen years of age when the 3215
offense is a misdemeanor of the first degree or a felony, except 3216
for convictions under section 2919.21 of the Revised Code;3217

       (G) Convictions of a felony of the first or second degree;3218

       (H) Bail forfeitures in a traffic case as defined in Traffic 3219
Rule 2.3220

       Sec. 2967.191.  The department of rehabilitation and 3221
correction shall reduce the stated prison term of a prisoner or, 3222
if the prisoner is serving a term for which there is parole 3223
eligibility, the minimum and maximum term or the parole 3224
eligibility date of the prisoner by the total number of days that 3225
the prisoner was confined for any reason arising out of the 3226
offense for which the prisoner was convicted and sentenced, 3227
including confinement in lieu of bail while awaiting trial, 3228
confinement for examination to determine the prisoner's competence 3229
to stand trial or sanity, and confinement while awaiting 3230
transportation to the place where the prisoner is to serve the 3231
prisoner's prison term, and confinement in a juvenile facility.3232

       Sec. 3119.01.  (A) As used in the Revised Code, "child 3233
support enforcement agency" means a child support enforcement 3234
agency designated under former section 2301.35 of the Revised Code 3235
prior to October 1, 1997, or a private or government entity 3236
designated as a child support enforcement agency under section 3237
307.981 of the Revised Code.3238

       (B) As used in this chapter and Chapters 3121., 3123., and 3239
3125. of the Revised Code:3240

       (1) "Administrative child support order" means any order 3241
issued by a child support enforcement agency for the support of a 3242
child pursuant to section 3109.19 or 3111.81 of the Revised Code 3243
or former section 3111.211 of the Revised Code, section 3111.21 of 3244
the Revised Code as that section existed prior to January 1, 1998, 3245
or section 3111.20 or 3111.22 of the Revised Code as those 3246
sections existed prior to March 22, 2001.3247

       (2) "Child support order" means either a court child support 3248
order or an administrative child support order.3249

       (3) "Obligee" means the person who is entitled to receive the 3250
support payments under a support order.3251

       (4) "Obligor" means the person who is required to pay support 3252
under a support order.3253

       (5) "Support order" means either an administrative child 3254
support order or a court support order.3255

       (C) As used in this chapter:3256

       (1) "Combined gross income" means the combined gross income 3257
of both parents.3258

       (2) "Court child support order" means any order issued by a 3259
court for the support of a child pursuant to Chapter 3115. of the 3260
Revised Code, section 2151.23, 2151.231, 2151.232, 2151.33, 3261
2151.36, 2151.361, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13, 3262
3113.04, 3113.07, 3113.31, 3119.65, or 3119.70 of the Revised 3263
Code, or division (B) of former section 3113.21 of the Revised 3264
Code.3265

       (3) "Court support order" means either a court child support 3266
order or an order for the support of a spouse or former spouse 3267
issued pursuant to Chapter 3115. of the Revised Code, section 3268
3105.18, 3105.65, or 3113.31 of the Revised Code, or division (B) 3269
of former section 3113.21 of the Revised Code.3270

       (4) "Extraordinary medical expenses" means any uninsured 3271
medical expenses incurred for a child during a calendar year that 3272
exceed one hundred dollars.3273

       (5) "Income" means either of the following:3274

       (a) For a parent who is employed to full capacity, the gross 3275
income of the parent;3276

       (b) For a parent who is unemployed or underemployed, the sum 3277
of the gross income of the parent and any potential income of the 3278
parent.3279

       (6) "Insurer" means any person authorized under Title XXXIX 3280
of the Revised Code to engage in the business of insurance in this 3281
state, any health insuring corporation, and any legal entity that 3282
is self-insured and provides benefits to its employees or members.3283

       (7) "Gross income" means, except as excluded in division 3284
(C)(7) of this section, the total of all earned and unearned 3285
income from all sources during a calendar year, whether or not the 3286
income is taxable, and includes income from salaries, wages, 3287
overtime pay, and bonuses to the extent described in division (D) 3288
of section 3119.05 of the Revised Code; commissions; royalties; 3289
tips; rents; dividends; severance pay; pensions; interest; trust 3290
income; annuities; social security benefits, including retirement, 3291
disability, and survivor benefits that are not means-tested; 3292
workers' compensation benefits; unemployment insurance benefits; 3293
disability insurance benefits; benefits that are not means-tested 3294
and that are received by and in the possession of the veteran who 3295
is the beneficiary for any service-connected disability under a 3296
program or law administered by the United States department of 3297
veterans' affairs or veterans' administration; spousal support 3298
actually received; and all other sources of income. "Gross income" 3299
includes income of members of any branch of the United States 3300
armed services or national guard, including, amounts representing 3301
base pay, basic allowance for quarters, basic allowance for 3302
subsistence, supplemental subsistence allowance, cost of living 3303
adjustment, specialty pay, variable housing allowance, and pay for 3304
training or other types of required drills; self-generated income; 3305
and potential cash flow from any source.3306

       "Gross income" does not include any of the following:3307

       (a) Benefits received from means-tested government 3308
administered programs, including Ohio works first; prevention, 3309
retention, and contingency; means-tested veterans' benefits; 3310
supplemental security income; supplemental nutrition assistance 3311
program; disability financial assistance; or other assistance for 3312
which eligibility is determined on the basis of income or assets;3313

       (b) Benefits for any service-connected disability under a 3314
program or law administered by the United States department of 3315
veterans' affairs or veterans' administration that are not 3316
means-tested, that have not been distributed to the veteran who is 3317
the beneficiary of the benefits, and that are in the possession of 3318
the United States department of veterans' affairs or veterans' 3319
administration;3320

       (c) Child support received for children who were not born or 3321
adopted during the marriage at issue;3322

       (d) Amounts paid for mandatory deductions from wages such as 3323
union dues but not taxes, social security, or retirement in lieu 3324
of social security;3325

       (e) Nonrecurring or unsustainable income or cash flow items;3326

       (f) Adoption assistance and foster care maintenance payments 3327
made pursuant to Title IV-E of the "Social Security Act," 94 Stat. 3328
501, 42 U.S.C.A. 670 (1980), as amended.3329

       (8) "Nonrecurring or unsustainable income or cash flow item" 3330
means an income or cash flow item the parent receives in any year 3331
or for any number of years not to exceed three years that the 3332
parent does not expect to continue to receive on a regular basis. 3333
"Nonrecurring or unsustainable income or cash flow item" does not 3334
include a lottery prize award that is not paid in a lump sum or 3335
any other item of income or cash flow that the parent receives or 3336
expects to receive for each year for a period of more than three 3337
years or that the parent receives and invests or otherwise uses to 3338
produce income or cash flow for a period of more than three years.3339

       (9)(a) "Ordinary and necessary expenses incurred in 3340
generating gross receipts" means actual cash items expended by the 3341
parent or the parent's business and includes depreciation expenses 3342
of business equipment as shown on the books of a business entity.3343

       (b) Except as specifically included in "ordinary and 3344
necessary expenses incurred in generating gross receipts" by 3345
division (C)(9)(a) of this section, "ordinary and necessary 3346
expenses incurred in generating gross receipts" does not include 3347
depreciation expenses and other noncash items that are allowed as 3348
deductions on any federal tax return of the parent or the parent's 3349
business.3350

       (10) "Personal earnings" means compensation paid or payable 3351
for personal services, however denominated, and includes wages, 3352
salary, commissions, bonuses, draws against commissions, profit 3353
sharing, vacation pay, or any other compensation.3354

       (11) "Potential income" means both of the following for a 3355
parent who the court pursuant to a court support order, or a child 3356
support enforcement agency pursuant to an administrative child 3357
support order, determines is voluntarily unemployed or voluntarily 3358
underemployed:3359

       (a) Imputed income that the court or agency determines the 3360
parent would have earned if fully employed as determined from the 3361
following criteria:3362

       (i) The parent's prior employment experience;3363

       (ii) The parent's education;3364

       (iii) The parent's physical and mental disabilities, if any;3365

       (iv) The availability of employment in the geographic area in 3366
which the parent resides;3367

       (v) The prevailing wage and salary levels in the geographic 3368
area in which the parent resides;3369

       (vi) The parent's special skills and training;3370

       (vii) Whether there is evidence that the parent has the 3371
ability to earn the imputed income;3372

       (viii) The age and special needs of the child for whom child 3373
support is being calculated under this section;3374

       (ix) The parent's increased earning capacity because of 3375
experience;3376

       (x) The parent's decreased earning capacity because of a 3377
felony conviction;3378

       (xi) Any other relevant factor.3379

       (b) Imputed income from any nonincome-producing assets of a 3380
parent, as determined from the local passbook savings rate or 3381
another appropriate rate as determined by the court or agency, not 3382
to exceed the rate of interest specified in division (A) of 3383
section 1343.03 of the Revised Code, if the income is significant.3384

       (12) "Schedule" means the basic child support schedule set 3385
forth in section 3119.021 of the Revised Code.3386

       (13) "Self-generated income" means gross receipts received by 3387
a parent from self-employment, proprietorship of a business, joint 3388
ownership of a partnership or closely held corporation, and rents 3389
minus ordinary and necessary expenses incurred by the parent in 3390
generating the gross receipts. "Self-generated income" includes 3391
expense reimbursements or in-kind payments received by a parent 3392
from self-employment, the operation of a business, or rents, 3393
including company cars, free housing, reimbursed meals, and other 3394
benefits, if the reimbursements are significant and reduce 3395
personal living expenses.3396

       (14) "Split parental rights and responsibilities" means a 3397
situation in which there is more than one child who is the subject 3398
of an allocation of parental rights and responsibilities and each 3399
parent is the residential parent and legal custodian of at least 3400
one of those children.3401

       (15) "Worksheet" means the applicable worksheet that is used 3402
to calculate a parent's child support obligation as set forth in 3403
sections 3119.022 and 3119.023 of the Revised Code.3404

       Sec. 3119.05.  When a court computes the amount of child 3405
support required to be paid under a court child support order or a 3406
child support enforcement agency computes the amount of child 3407
support to be paid pursuant to an administrative child support 3408
order, all of the following apply:3409

       (A) The parents' current and past income and personal 3410
earnings shall be verified by electronic means or with suitable 3411
documents, including, but not limited to, paystubs, employer 3412
statements, receipts and expense vouchers related to 3413
self-generated income, tax returns, and all supporting 3414
documentation and schedules for the tax returns.3415

       (B) The amount of any pre-existing child support obligation 3416
of a parent under a child support order and the amount of any 3417
court-ordered spousal support actually paid shall be deducted from 3418
the gross income of that parent to the extent that payment under 3419
the child support order or that payment of the court-ordered 3420
spousal support is verified by supporting documentation.3421

       (C) If other minor children who were born to the parent and a 3422
person other than the other parent who is involved in the 3423
immediate child support determination live with the parent, the 3424
court or agency shall deduct an amount from that parent's gross 3425
income that equals the number of such minor children times the 3426
federal income tax exemption for such children less child support 3427
received for them for the year, not exceeding the federal income 3428
tax exemption.3429

       (D) When the court or agency calculates the gross income of a 3430
parent, it shall include the lesser of the following as income 3431
from overtime and bonuses:3432

       (1) The yearly average of all overtime, commissions, and 3433
bonuses received during the three years immediately prior to the 3434
time when the person's child support obligation is being computed;3435

       (2) The total overtime, commissions, and bonuses received 3436
during the year immediately prior to the time when the person's 3437
child support obligation is being computed.3438

       (E) When the court or agency calculates the gross income of a 3439
parent, it shall not include any income earned by the spouse of 3440
that parent.3441

       (F) The court shall issue a separate order for extraordinary 3442
medical or dental expenses, including, but not limited to, 3443
orthodontia, psychological, appropriate private education, and 3444
other expenses, and may consider the expenses in adjusting a child 3445
support order.3446

       (G) When a court or agency calculates the amount of child 3447
support to be paid pursuant to a court child support order or an 3448
administrative child support order, if the combined gross income 3449
of both parents is an amount that is between two amounts set forth 3450
in the first column of the schedule, the court or agency may use 3451
the basic child support obligation that corresponds to the higher 3452
of the two amounts in the first column of the schedule, use the 3453
basic child support obligation that corresponds to the lower of 3454
the two amounts in the first column of the schedule, or calculate 3455
a basic child support obligation that is between those two amounts 3456
and corresponds proportionally to the parents' actual combined 3457
gross income.3458

       (H) When the court or agency calculates gross income, the 3459
court or agency, when appropriate, may average income over a 3460
reasonable period of years.3461

       (I) AUnless it would be unjust or inappropriate and 3462
therefore not in the best interests of the child, a court or 3463
agency shall not determine a parent receiving means-tested public 3464
assistance benefits to be voluntarily unemployed or underemployed 3465
and shall not impute income to that parent, unless not making such 3466
determination and not imputing income would be unjust, 3467
inappropriate, and not in the best interest of the childif either 3468
of the following conditions exist:3469

       (1) The parent is receiving recurring monetary income from 3470
means-tested public assistance benefits, including cash assistance 3471
payments under the Ohio works first program established under 3472
Chapter 5107. of the Revised Code, financial assistance under the 3473
disability financial assistance program established under Chapter 3474
5115. of the Revised Code, supplemental security income, or 3475
means-tested veterans' benefits;3476

       (2) The parent is incarcerated or institutionalized for a 3477
period of twelve months or more with no other available assets, 3478
unless the parent is incarcerated for an offense relating to the 3479
abuse or neglect of a child who is the subject of the support 3480
order or an offense under Title XXIX of the Revised Code when the 3481
obligee or a child who is the subject of the support order is a 3482
victim of the offense.3483

       (J) When a court or agency requires a parent to pay an amount 3484
for that parent's failure to support a child for a period of time 3485
prior to the date the court modifies or issues a court child 3486
support order or an agency modifies or issues an administrative 3487
child support order for the current support of the child, the 3488
court or agency shall calculate that amount using the basic child 3489
support schedule, worksheets, and child support laws in effect, 3490
and the incomes of the parents as they existed, for that prior 3491
period of time.3492

       (K) A court or agency may disregard a parent's additional 3493
income from overtime or additional employment when the court or 3494
agency finds that the additional income was generated primarily to 3495
support a new or additional family member or members, or under 3496
other appropriate circumstances.3497

       (L) If both parents involved in the immediate child support 3498
determination have a prior order for support relative to a minor 3499
child or children born to both parents, the court or agency shall 3500
collect information about the existing order or orders and 3501
consider those together with the current calculation for support 3502
to ensure that the total of all orders for all children of the 3503
parties does not exceed the amount that would have been ordered if 3504
all children were addressed in a single judicial or administrative 3505
proceeding.3506

       Sec. 3123.58.  (A) On receipt of a notice pursuant to section 3507
3123.54 of the Revised Code, the registrar of motor vehicles shall 3508
determine whether the individual named in the notice holds or has 3509
applied for a driver's license or commercial driver's license, 3510
motorcycle operator's license or endorsement, or temporary 3511
instruction permit or commercial driver's temporary instruction 3512
permit. If the registrar determines that the individual holds or 3513
has applied for a license, permit, or endorsement and the 3514
individual is the individual named in the notice and does not 3515
receive a notice pursuant to section 3123.56 or 3123.57 of the 3516
Revised Code, the registrar immediately shall provide notice of 3517
the determination to each deputy registrar. The registrar or a 3518
deputy registrar may not issue to the individual a driver's or 3519
commercial driver's license, motorcycle operator's license or 3520
endorsement, or temporary instruction permit or commercial 3521
driver's temporary instruction permit and may not renew for the 3522
individual a driver's or commercial driver's license, motorcycle 3523
operator's license or endorsement, or commercial driver's 3524
temporary instruction permit. The registrar or a deputy registrar 3525
also shall impose a class F suspension of the license, permit, or 3526
endorsement held by the individual under division (B)(6) of 3527
section 4510.02 of the Revised Code.3528

       (B)(1) A court may grant an individual whose license, permit, 3529
or endorsement is suspended under this section limited driving 3530
privileges in accordance with division (B) of section 4510.021 of 3531
the Revised Code pursuant to a request made during an action for 3532
contempt initiated under section 2705.031 of the Revised Code. 3533
Prior to granting privileges under this division, the court shall 3534
request the accused to provide the court with a recent 3535
noncertified copy of a driver's abstract from the registrar of 3536
motor vehicles and shall request the child support enforcement 3537
agency that issued the notice pursuant to section 3123.54 of the 3538
Revised Code relative to the individual to advise the court, 3539
either in person through a representative testifying at a hearing 3540
or through a written document, the position of the agency relative 3541
to the issue of the granting of privileges to the individual. The 3542
court, in determining whether to grant the individual privileges 3543
under this division, shall take into consideration the position of 3544
the agency, but the court is not bound by the position of the 3545
agency.3546

       (2) A court that grants limited driving privileges to a 3547
person under division (B)(1) of this section shall deliver to the 3548
person a permit card, in a form to be prescribed by the court, 3549
setting forth the date on which the limited privileges will become 3550
effective, the purposes for which the person may drive, the times 3551
and places at which the person may drive, and any other conditions 3552
imposed upon the person's use of a motor vehicle.3553

        (3) The court immediately shall notify the registrar, in 3554
writing, of a grant of limited driving privileges under division 3555
(B)(1) of this section. The notification shall specify the date on 3556
which the limited driving privileges will become effective, the 3557
purposes for which the person may drive, and any other conditions 3558
imposed upon the person's use of a motor vehicle.3559

        (C) If a person who has been granted limited driving 3560
privileges under division (B)(1) of this section is convicted of, 3561
pleads guilty to, or is adjudicated in juvenile court of having 3562
committed a violation of Chapter 4510. of the Revised Code or any 3563
similar municipal ordinance during the period of which the person 3564
was granted limited driving privileges, the person's limited 3565
driving privileges shall be suspended immediately pending a 3566
reinstatement hearing.3567

       Sec. 3772.10. (A) In determining whether to grant or maintain 3568
the privilege of a casino operator, management company, holding 3569
company, key employee, casino gaming employee, or gaming-related 3570
vendor license, the Ohio casino control commission shall consider 3571
all of the following, as applicable:3572

       (1) The reputation, experience, and financial integrity of 3573
the applicant, its holding company, if applicable, and any other 3574
person that directly or indirectly controls the applicant;3575

       (2) The financial ability of the applicant to purchase and 3576
maintain adequate liability and casualty insurance and to provide 3577
an adequate surety bond;3578

       (3) The past and present compliance of the applicant and its 3579
affiliates or affiliated companies with casino-related licensing 3580
requirements in this state or any other jurisdiction, including 3581
whether the applicant has a history of noncompliance with the 3582
casino licensing requirements of any jurisdiction;3583

       (4) If the applicant has been indicted, convicted, pleaded 3584
guilty or no contest, or forfeited bail concerning any criminal 3585
offense under the laws of any jurisdiction, either felony or 3586
misdemeanor, not including traffic violations;3587

       (5) If the applicant has filed, or had filed against it a 3588
proceeding for bankruptcy or has ever been involved in any formal 3589
process to adjust, defer, suspend, or otherwise work out the 3590
payment of any debt;3591

       (6) If the applicant has been served with a complaint or 3592
other notice filed with any public body regarding a payment of any 3593
tax required under federal, state, or local law that has been 3594
delinquent for one or more years;3595

       (7) If the applicant is or has been a defendant in litigation 3596
involving its business practices;3597

       (8) If awarding a license would undermine the public's 3598
confidence in the casino gaming industry in this state;3599

       (9) If the applicant meets other standards for the issuance 3600
of a license that the commission adopts by rule, which shall not 3601
be arbitrary, capricious, or contradictory to the expressed 3602
provisions of this chapter.3603

       (B) All applicants for a license under this chapter shall 3604
establish their suitability for a license by clear and convincing 3605
evidence. If the commission determines that a person is eligible 3606
under this chapter to be issued a license as a casino operator, 3607
management company, holding company, key employee, casino gaming 3608
employee, or gaming-related vendor, the commission shall issue 3609
such license for not more than three years, as determined by 3610
commission rule, if all other requirements of this chapter have 3611
been satisfied.3612

       (C) The commission shall not issue a casino operator, 3613
management company, holding company, key employee, casino gaming 3614
employee, or gaming-related vendor license under this chapter to 3615
an applicant if:3616

       (1) The applicant has been convicted of a disqualifying 3617
offense, as defined in section 3772.07 of the Revised Code.3618

       (2) The applicant has submitted an application for license 3619
under this chapter that contains false information.3620

       (3) The applicant is a commission member.3621

       (4) The applicant owns an ownership interest that is unlawful 3622
under this chapter, unless waived by the commission.3623

       (5) The applicant violates specific rules adopted by the 3624
commission related to denial of licensure.3625

       (6) The applicant is a member of or employed by a gaming 3626
regulatory body of a governmental unit in this state, another 3627
state, or the federal government, or is employed by a governmental 3628
unit of this state. This division does not prohibit a casino 3629
operator from hiring special duty law enforcement officers if the 3630
officers are not specifically involved in gaming-related 3631
regulatory functions.3632

       (7) The commission otherwise determines the applicant is 3633
ineligible for the license.3634

       (D)(1) The commission shall investigate the qualifications of 3635
each applicant under this chapter before any license is issued and 3636
before any finding with regard to acts or transactions for which 3637
commission approval is required is made. The commission shall 3638
continue to observe the conduct of all licensees and all other 3639
persons having a material involvement directly or indirectly with 3640
a casino operator, management company, or holding company to 3641
ensure that licenses are not issued to or held by, or that there 3642
is not any material involvement with a casino operator, management 3643
company, or holding company by, an unqualified, disqualified, or 3644
unsuitable person or a person whose operations are conducted in an 3645
unsuitable manner or in unsuitable or prohibited places or 3646
locations.3647

       (2) The executive director may recommend to the commission 3648
that it deny any application, or limit, condition, or restrict, or 3649
suspend or revoke, any license or finding, or impose any fine upon 3650
any licensee or other person according to this chapter and the 3651
rules adopted thereunder.3652

       (3) A license issued under this chapter is a revocable 3653
privilege. No licensee has a vested right in or under any license 3654
issued under this chapter. The initial determination of the 3655
commission to deny, or to limit, condition, or restrict, a license 3656
may be appealed under section 2505.03 of the Revised Code.3657

       (E)(1) An institutional investor otherwise required to be 3658
found suitable or qualified under this chapter and the rules 3659
adopted under this chapter shall be presumed suitable or qualified 3660
upon submitting documentation sufficient to establish 3661
qualifications as an institutional investor and upon certifying 3662
all of the following:3663

       (a) The institutional investor owns, holds, or controls 3664
publicly traded securities issued by a licensee or holding, 3665
intermediate, or parent company of a licensee or in the ordinary 3666
course of business for investment purposes only.3667

       (b) The institutional investor does not exercise influence 3668
over the affairs of the issuer of such securities nor over any 3669
licensed subsidiary of the issuer of such securities.3670

       (c) The institutional investor does not intend to exercise 3671
influence over the affairs of the issuer of such securities, nor 3672
over any licensed subsidiary of the issuer of such securities, in 3673
the future, and that it agrees to notify the commission in writing 3674
within thirty days if such intent changes.3675

       (2) The exercise of voting privileges with regard to publicly 3676
traded securities shall not be deemed to constitute the exercise 3677
of influence over the affairs of a licensee.3678

       (3) The commission shall rescind the presumption of 3679
suitability for an institutional investor at any time if the 3680
institutional investor exercises or intends to exercise influence 3681
or control over the affairs of the licensee.3682

       (4) This division shall not be construed to preclude the 3683
commission from investigating the suitability or qualifications of 3684
an institutional investor if the commission becomes aware of facts 3685
or information that may result in the institutional investor being 3686
found unsuitable or disqualified.3687

       (F) Information provided on the application shall be used as 3688
a basis for a thorough background investigation of each applicant. 3689
A false or incomplete application is cause for denial of a license 3690
by the commission. All applicants and licensees shall consent to 3691
inspections, searches, and seizures and to the disclosure to the 3692
commission and its agents of confidential records, including tax 3693
records, held by any federal, state, or local agency, credit 3694
bureau, or financial institution and to provide handwriting 3695
exemplars, photographs, fingerprints, and information as 3696
authorized in this chapter and in rules adopted by the commission.3697

       (G) The commission shall provide a written statement to each 3698
applicant for a license under this chapter who is denied the 3699
license that describes the reason or reasons for which the 3700
applicant was denied the license.3701

       (H) Not later than January 31 in each calendar year, the 3702
commission shall provide to the general assembly and the governor 3703
a report that, for each type of license issued under this chapter, 3704
specifies the number of applications made in the preceding 3705
calendar year for each type of such license, the number of 3706
applications denied in the preceding calendar year for each type 3707
of such license, and the reasons for those denials. The 3708
information regarding the reasons for the denials shall specify 3709
each reason that resulted in, or that was a factor resulting in, 3710
denial for each type of license issued under this chapter and, for 3711
each of those reasons, the total number of denials for each such 3712
type that involved that reason.3713

       Sec. 4301.99.  (A) Whoever violates section 4301.47, 4301.48, 3714
4301.49, 4301.62, or 4301.70 or division (C) of section 4301.65 or 3715
division (B) of section 4301.691 of the Revised Code is guilty of 3716
a minor misdemeanor.3717

       (B) Whoever violates section 4301.15, division (A)(2) or (C) 3718
of section 4301.22, division (C), (D), (E), (F), (G), (H), or (I) 3719
of section 4301.631, or section 4301.64 or 4301.67 of the Revised 3720
Code is guilty of a misdemeanor of the fourth degree.3721

       If an offender who violates section 4301.64 of the Revised 3722
Code was under the age of eighteen years at the time of the 3723
offense, the court, in addition to any other penalties it imposes 3724
upon the offender, shallmay suspend the offender's temporary 3725
instruction permit, probationary driver's license, or driver's 3726
license for a period of not less than six months and not more than 3727
one year. In lieu of suspending the offender's temporary 3728
instruction permit, probationary driver's license, or driver's 3729
license, the court instead may require the offender to perform 3730
community service for a number of hours determined by the court.3731
If the offender is fifteen years and six months of age or older 3732
and has not been issued a temporary instruction permit or 3733
probationary driver's license, the offender shall not be eligible 3734
to be issued such a license or permit for a period of six months. 3735
If the offender has not attained the age of fifteen years and six 3736
months, the offender shall not be eligible to be issued a 3737
temporary instruction permit until the offender attains the age of 3738
sixteen years.3739

       (C) Whoever violates division (D) of section 4301.21, section 3740
4301.251, 4301.58, 4301.59, 4301.60, 4301.633, 4301.66, 4301.68, 3741
or 4301.74, division (B), (C), (D), (E)(1), or (F) of section 3742
4301.69, or division (C), (D), (E), (F), (G), or (I) of section 3743
4301.691 of the Revised Code is guilty of a misdemeanor of the 3744
first degree.3745

       If an offender who violates division (E)(1) of section 3746
4301.69 of the Revised Code was under the age of eighteen years at 3747
the time of the offense and the offense occurred while the 3748
offender was the operator of or a passenger in a motor vehicle, 3749
the court, in addition to any other penalties it imposes upon the 3750
offender, shall suspend the offender's temporary instruction 3751
permit or probationary driver's license for a period of not less 3752
than six months and not more than one year. If the offender is 3753
fifteen years and six months of age or older and has not been 3754
issued a temporary instruction permit or probationary driver's 3755
license, the offender shall not be eligible to be issued such a 3756
license or permit for a period of six months. If the offender has 3757
not attained the age of fifteen years and six months, the offender 3758
shall not be eligible to be issued a temporary instruction permit 3759
until the offender attains the age of sixteen years.3760

       (D) Whoever violates division (B) of section 4301.14, or 3761
division (A)(1) or (3) or (B) of section 4301.22 of the Revised 3762
Code is guilty of a misdemeanor of the third degree.3763

       (E) Whoever violates section 4301.63 or division (B) of 3764
section 4301.631 of the Revised Code shall be fined not less than 3765
twenty-five nor more than one hundred dollars. The court imposing 3766
a fine for a violation of section 4301.63 or division (B) of 3767
section 4301.631 of the Revised Code may order that the fine be 3768
paid by the performance of public work at a reasonable hourly rate 3769
established by the court. The court shall designate the time 3770
within which the public work shall be completed.3771

       (F)(1) Whoever violates section 4301.634 of the Revised Code 3772
is guilty of a misdemeanor of the first degree. If, in committing 3773
a first violation of that section, the offender presented to the 3774
permit holder or the permit holder's employee or agent a false, 3775
fictitious, or altered identification card, a false or fictitious 3776
driver's license purportedly issued by any state, or a driver's 3777
license issued by any state that has been altered, the offender is 3778
guilty of a misdemeanor of the first degree and shall be fined not 3779
less than two hundred fifty and not more than one thousand 3780
dollars, and may be sentenced to a term of imprisonment of not 3781
more than six months.3782

       (2) On a second violation in which, for the second time, the 3783
offender presented to the permit holder or the permit holder's 3784
employee or agent a false, fictitious, or altered identification 3785
card, a false or fictitious driver's license purportedly issued by 3786
any state, or a driver's license issued by any state that has been 3787
altered, the offender is guilty of a misdemeanor of the first 3788
degree and shall be fined not less than five hundred nor more than 3789
one thousand dollars, and may be sentenced to a term of 3790
imprisonment of not more than six months. The court also may 3791
impose a class seven suspension of the offender's driver's or 3792
commercial driver's license or permit or nonresident operating 3793
privilege from the range specified in division (A)(7) of section 3794
4510.02 of the Revised Code.3795

       (3) On a third or subsequent violation in which, for the 3796
third or subsequent time, the offender presented to the permit 3797
holder or the permit holder's employee or agent a false, 3798
fictitious, or altered identification card, a false or fictitious 3799
driver's license purportedly issued by any state, or a driver's 3800
license issued by any state that has been altered, the offender is 3801
guilty of a misdemeanor of the first degree and shall be fined not 3802
less than five hundred nor more than one thousand dollars, and may 3803
be sentenced to a term of imprisonment of not more than six 3804
months. TheExcept as provided in this division, the court also 3805
shallmay impose a class six suspension of the offender's driver's 3806
or commercial driver's license or permit or nonresident operating 3807
privilege from the range specified in division (A)(6) of section 3808
4510.02 of the Revised Code, and the court may order that the 3809
suspension or denial remain in effect until the offender attains 3810
the age of twenty-one years. The court also, in lieu of suspending 3811
the offender's temporary instruction permit, probationary driver's 3812
license, or driver's license, instead may order the offender to 3813
perform a determinate number of hours of community service, with 3814
the court determining the actual number of hours and the nature of 3815
the community service the offender shall perform.3816

       (G) Whoever violates section 4301.636 of the Revised Code is 3817
guilty of a felony of the fifth degree.3818

       (H) Whoever violates division (A)(1) of section 4301.22 of 3819
the Revised Code is guilty of a misdemeanor, shall be fined not 3820
less than five hundred and not more than one thousand dollars, 3821
and, in addition to the fine, may be imprisoned for a definite 3822
term of not more than sixty days.3823

       (I) Whoever violates division (A) of section 4301.69 or 3824
division (H) of section 4301.691 of the Revised Code is guilty of 3825
a misdemeanor, shall be fined not less than five hundred and not 3826
more than one thousand dollars, and, in addition to the fine, may 3827
be imprisoned for a definite term of not more than six months.3828

       (J) Whoever violates division (B) of section 4301.65 of the 3829
Revised Code is guilty of a misdemeanor of the third degree. For a 3830
second or subsequent violation occurring within a period of five 3831
consecutive years after the first violation, a person is guilty of 3832
a misdemeanor of the first degree.3833

       Sec. 4501.02.  (A) There is hereby created in the department 3834
of public safety a bureau of motor vehicles, which shall be 3835
administered by a registrar of motor vehicles. The registrar shall 3836
be appointed by the director of public safety and shall serve at 3837
the director's pleasure.3838

       The registrar shall administer the laws of the state relative 3839
to the registration of and certificates of title for motor 3840
vehicles, and the licensing of motor vehicle dealers, motor 3841
vehicle leasing dealers, distributors, and salespersons, and of 3842
motor vehicle salvage dealers, salvage motor vehicle auctions, and 3843
salvage motor vehicle pools. The registrar also shall, in 3844
accordance with section 4503.61 of the Revised Code, take those 3845
steps necessary to enter this state into membership in the 3846
international registration plan and carry out the registrar's 3847
other duties under that section. The registrar, with the approval 3848
of the director of public safety, may do all of the following:3849

       (1) Adopt such forms and rules as are necessary to carry out 3850
all laws the registrar is required to administer;3851

       (2) Appoint such number of assistants, deputies, clerks, 3852
stenographers, and other employees as are necessary to carry out 3853
such laws;3854

       (3) Acquire or lease such facilities as are necessary to 3855
carry out the duties of the registrar's office;3856

       (4) Apply for, allocate, disburse, and account for grants 3857
made available under federal law or from other federal, state, or 3858
private sources;3859

       (5) Establish accounts in a bank or depository and deposit 3860
any funds collected by the registrar in those accounts to the 3861
credit of "state of Ohio, bureau of motor vehicles." Within three 3862
days after the deposit of funds in such an account, the registrar 3863
shall draw on that account in favor of the treasurer of state. The 3864
registrar may reserve funds against the draw to the treasurer of 3865
state to the extent reasonably necessary to ensure that the 3866
deposited items are not dishonored. The registrar may pay any 3867
service charge usually collected by the bank or depository;3868

       (6) Develop rules that establish disqualifying offenses for 3869
licensure as a motor vehicle salvage dealer pursuant to sections 3870
4738.04, 4738.07, and 4776.10 of the Revised Code.3871

       The registrar shall give a bond for the faithful performance 3872
of the registrar's duties in such amount and with such security as 3873
the director approves. When in the opinion of the director it is 3874
advisable, any deputy or other employee may be required to give 3875
bond in such amount and with such security as the director 3876
approves. In the discretion of the director, the bonds authorized 3877
to be taken on deputies or other employees may be individual, 3878
schedule, or blanket bonds.3879

       The director of public safety may investigate the activities 3880
of the bureau and have access to its records at any time, and the 3881
registrar shall make a report to the director at any time upon 3882
request.3883

       All laws relating to the licensing of motor vehicle dealers, 3884
motor vehicle leasing dealers, distributors, and salespersons, and 3885
of motor vehicle salvage dealers, salvage motor vehicle auctions, 3886
and salvage motor vehicle pools, designating and granting power to 3887
the registrar shall be liberally construed to the end that the 3888
practice or commission of fraud in the business of selling motor 3889
vehicles and of disposing of salvage motor vehicles may be 3890
prohibited and prevented.3891

       (B) There is hereby created in the department of public 3892
safety a division of emergency medical services, which shall be 3893
administered by an executive director of emergency medical 3894
services appointed under section 4765.03 of the Revised Code.3895

       Sec. 4503.233.  (A)(1) If a court is required to order the 3896
immobilization of a vehicle for a specified period of time 3897
pursuant to section 4510.11, 4510.14, 4510.16, 4510.161, 4510.41, 3898
4511.19, 4511.193, or 4511.203 of the Revised Code, the court, 3899
subject to section 4503.235 of the Revised Code, shall issue the 3900
immobilization order in accordance with this division and for the 3901
period of time specified in the particular section, and the 3902
immobilization under the order shall be in accordance with this 3903
section. The court, at the time of sentencing the offender for the 3904
offense relative to which the immobilization order is issued or as 3905
soon thereafter as is practicable, shall give a copy of the order 3906
to the offender or the offender's counsel. The court promptly 3907
shall send a copy of the order to the registrar on a form 3908
prescribed by the registrar and to the person or agency it 3909
designates to execute the order.3910

       The order shall indicate the date on which it is issued, 3911
shall identify the vehicle that is subject to the order, and shall 3912
specify all of the following:3913

       (a) The period of the immobilization;3914

       (b) The place at which the court determines that the 3915
immobilization shall be carried out, provided that the court shall 3916
not determine and shall not specify that the immobilization is to 3917
be carried out at any place other than a commercially operated 3918
private storage lot, a place owned by a law enforcement or other 3919
government agency, or a place to which one of the following 3920
applies:3921

       (i) The place is leased by or otherwise under the control of 3922
a law enforcement or other government agency.3923

       (ii) The place is owned by the offender, the offender's 3924
spouse, or a parent or child of the offender.3925

       (iii) The place is owned by a private person or entity, and, 3926
prior to the issuance of the order, the private entity or person 3927
that owns the place, or the authorized agent of that private 3928
entity or person, has given express written consent for the 3929
immobilization to be carried out at that place.3930

       (iv) The place is a public street or highway on which the 3931
vehicle is parked in accordance with the law.3932

       (c) The person or agency designated by the court to execute 3933
the order, which shall be either the law enforcement agency that 3934
employs the law enforcement officer who seized the vehicle, a 3935
bailiff of the court, another person the court determines to be 3936
appropriate to execute the order, or the law enforcement agency 3937
with jurisdiction over the place of residence of the vehicle 3938
owner;3939

       (d) That neither the registrar nor a deputy registrar will be 3940
permitted to accept an application for the license plate 3941
registration of any motor vehicle in the name of the vehicle owner 3942
until the immobilization fee is paid.3943

       (2) The person or agency the court designates to immobilize 3944
the vehicle shall seize or retain that vehicle's license plates 3945
and forward them to the bureau of motor vehicles.3946

       (3) In all cases, the offender shall be assessed an 3947
immobilization fee of one hundred dollars, and the immobilization 3948
fee shall be paid to the registrar before the vehicle may be 3949
released to the offender. Neither the registrar nor a deputy 3950
registrar shall accept an application for the registration of any 3951
motor vehicle in the name of the offender until the immobilization 3952
fee is paid.3953

       (4) If the vehicle subject to the order is immobilized 3954
pursuant to the order and is found being operated upon any street 3955
or highway in this state during the immobilization period, it 3956
shall be seized, removed from the street or highway, and 3957
criminally forfeited and disposed of pursuant to section 4503.234 3958
of the Revised Code.3959

       (5) The registrar shall deposit the immobilization fee into 3960
the law enforcement reimbursement fund created by section 4501.19 3961
of the Revised Code. Money in the fund shall be expended only as 3962
provided in division (A)(5) of this section. If the court 3963
designated in the order a court bailiff or another appropriate 3964
person other than a law enforcement officer to immobilize the 3965
vehicle, the amount of the fee deposited into the law enforcement 3966
reimbursement fund shall be paid out to the county treasury if the 3967
court that issued the order is a county court, to the treasury of 3968
the municipal corporation served by the court if the court that 3969
issued the order is a mayor's court, or to the city treasury of 3970
the legislative authority of the court, both as defined in section 3971
1901.03 of the Revised Code, if the court that issued the order is 3972
a municipal court. If the court designated a law enforcement 3973
agency to immobilize the vehicle and if the law enforcement agency 3974
immobilizes the vehicle, the amount of the fee deposited into the 3975
law enforcement reimbursement fund shall be paid out to the law 3976
enforcement agency to reimburse the agency for the costs it incurs 3977
in obtaining immobilization equipment and, if required, in sending 3978
an officer or other person to search for and locate the vehicle 3979
specified in the immobilization order and to immobilize the 3980
vehicle.3981

       In addition to the immobilization fee required to be paid 3982
under division (A)(3) of this section, the offender may be charged 3983
expenses or charges incurred in the removal and storage of the 3984
immobilized vehicle.3985

       (B) If a court issues an immobilization order under division 3986
(A)(1) of this section, the person or agency designated by the 3987
court to execute the immobilization order promptly shall 3988
immobilize or continue the immobilization of the vehicle at the 3989
place specified by the court in the order. The registrar shall not 3990
authorize the release of the vehicle or authorize the issuance of 3991
new identification license plates for the vehicle at the end of 3992
the immobilization period until the immobilization fee has been 3993
paid.3994

       (C) Upon receipt of the license plates for a vehicle under 3995
this section, the registrar shall destroy the license plates. At 3996
the end of the immobilization period and upon the payment of the 3997
immobilization fee that must be paid under this section, the 3998
registrar shall authorize the release of the vehicle and authorize 3999
the issuance, upon the payment of the same fee as is required for 4000
the replacement of lost, mutilated, or destroyed license plates 4001
and certificates of registration, of new license plates and, if 4002
necessary, a new certificate of registration to the offender for 4003
the vehicle in question.4004

       (D)(1) If a court issues an immobilization order under 4005
division (A) of this section, the immobilization period commences 4006
on the day on which the vehicle in question is immobilized. If the 4007
vehicle in question had been seized under section 4510.41 or 4008
4511.195 of the Revised Code, the time between the seizure and the 4009
beginning of the immobilization period shall be credited against 4010
the immobilization period specified in the immobilization order 4011
issued under division (A) of this section. No vehicle that is 4012
immobilized under this section is eligible to have restricted 4013
license plates under section 4503.231 of the Revised Code issued 4014
for that vehicle.4015

       (2) If a court issues an immobilization order under division 4016
(A) of this section, if the vehicle subject to the order is 4017
immobilized under the order, and if the vehicle is found being 4018
operated upon any street or highway of this state during the 4019
immobilization period, it shall be seized, removed from the street 4020
or highway, and criminally forfeited, and disposed of pursuant to 4021
section 4503.234 of the Revised Code. No vehicle that is forfeited 4022
under this provision shall be considered contraband for purposes 4023
of Chapter 2981. of the Revised Code, but shall be held by the law 4024
enforcement agency that employs the officer who seized it for 4025
disposal in accordance with section 4503.234 of the Revised Code.4026

       (3) If a court issues an immobilization order under division 4027
(A) of this section, and if the vehicle is not claimed within 4028
seven days after the end of the period of immobilization or if the 4029
offender has not paid the immobilization fee, the person or agency 4030
that immobilized the vehicle shall send a written notice to the 4031
offender at the offender's last known address informing the 4032
offender of the date on which the period of immobilization ended, 4033
that the offender has twenty days after the date of the notice to 4034
pay the immobilization fee and obtain the release of the vehicle, 4035
and that if the offender does not pay the fee and obtain the 4036
release of the vehicle within that twenty-day period, the vehicle 4037
will be forfeited under section 4503.234 of the Revised Code to 4038
the entity that is entitled to the immobilization fee.4039

       (4) An offender whose motor vehicle is subject to an 4040
immobilization order issued under division (A) of this section 4041
shall not sell the motor vehicle without approval of the court 4042
that issued the order. If such an offender wishes to sell the 4043
motor vehicle during the immobilization period, the offender shall 4044
apply to the court that issued the immobilization order for 4045
permission to assign the title to the vehicle. If the court is 4046
satisfied that the sale will be in good faith and not for the 4047
purpose of circumventing the provisions of division (A)(1) of this 4048
section, it may certify its consent to the offender and to the 4049
registrar. Upon receipt of the court's consent, the registrar 4050
shall enter the court's notice in the offender's vehicle license 4051
plate registration record.4052

       If, during a period of immobilization under an immobilization 4053
order issued under division (A) of this section, the title to the 4054
immobilized motor vehicle is transferred by the foreclosure of a 4055
chattel mortgage, a sale upon execution, the cancellation of a 4056
conditional sales contract, or an order of a court, the involved 4057
court shall notify the registrar of the action, and the registrar 4058
shall enter the court's notice in the offender's vehicle license 4059
plate registration record.4060

       Nothing in this section shall be construed as requiring the 4061
registrar or the clerk of the court of common pleas to note upon 4062
the certificate of title records any prohibition regarding the 4063
sale of a motor vehicle.4064

       (5) If the title to a motor vehicle that is subject to an 4065
immobilization order under division (A) of this section is 4066
assigned or transferred without court approval between the time of 4067
arrest of the offender who committed the offense for which such an 4068
order is to be issued and the time of the actual immobilization of 4069
the vehicle, the court shall order that, for a period of two years 4070
from the date of the order, neither the registrar nor any deputy 4071
registrar shall accept an application for the registration of any 4072
motor vehicle in the name of the offender whose vehicle was 4073
assigned or transferred without court approval. The court shall 4074
notify the registrar of the order on a form prescribed by the 4075
registrar for that purpose.4076

       (6) If the title to a motor vehicle that is subject to an 4077
immobilization order under division (A) of this section is 4078
assigned or transferred without court approval in violation of 4079
division (D)(4) of this section, then, in addition to or 4080
independent of any other penalty established by law, the court may 4081
fine the offender the value of the vehicle as determined by 4082
publications of the national auto dealers association. The 4083
proceeds from any fine so imposed shall be distributed in the same 4084
manner as the proceeds of the sale of a forfeited vehicle are 4085
distributed pursuant to division (C)(2) of section 4503.234 of the 4086
Revised Code.4087

       (E)(1) The court with jurisdiction over the case, after 4088
notice to all interested parties including lienholders, and after 4089
an opportunity for them to be heard, if the offender fails to 4090
appear in person, without good cause, or if the court finds that 4091
the offender does not intend to seek release of the vehicle at the 4092
end of the period of immobilization or that the offender is not or 4093
will not be able to pay the expenses and charges incurred in its 4094
removal and storage, may order that title to the vehicle be 4095
transferred, in order of priority, first into the name of the 4096
entity entitled to the immobilization fee under division (A)(5) of 4097
this section, next into the name of a lienholder, or lastly, into 4098
the name of the owner of the place of storage.4099

       A lienholder that receives title under a court order shall do 4100
so on the condition that it pay any expenses or charges incurred 4101
in the vehicle's removal and storage. If the entity that receives 4102
title to the vehicle is the entity that is entitled to the 4103
immobilization fee under division (A)(5) of this section, it shall 4104
receive title on the condition that it pay any lien on the 4105
vehicle. The court shall not order that title be transferred to 4106
any person or entity other than the owner of the place of storage 4107
if the person or entity refuses to receive the title. Any person 4108
or entity that receives title may either keep title to the vehicle 4109
or may dispose of the vehicle in any legal manner that it 4110
considers appropriate, including assignment of the certificate of 4111
title to the motor vehicle to a salvage dealer or a scrap metal 4112
processing facility. The person or entity shall not transfer the 4113
vehicle to the person who is the vehicle's immediate previous 4114
owner.4115

       If the person or entity assigns the motor vehicle to a 4116
salvage dealer or scrap metal processing facility, the person or 4117
entity shall send the assigned certificate of title to the motor 4118
vehicle to the clerk of the court of common pleas of the county in 4119
which the salvage dealer or scrap metal processing facility is 4120
located. The person or entity shall mark the face of the 4121
certificate of title with the words "FOR DESTRUCTION" and shall 4122
deliver a photocopy of the certificate of title to the salvage 4123
dealer or scrap metal processing facility for its records.4124

       (2) Whenever a court issues an order under division (E)(1) of 4125
this section, the court also shall order removal of the license 4126
plates from the vehicle and cause them to be sent to the registrar 4127
if they have not already been sent to the registrar. Thereafter, 4128
no further proceedings shall take place under this section, but 4129
the offender remains liable for payment of the immobilization fee 4130
described in division (A)(3) of this section if an immobilization 4131
order previously had been issued by the court.4132

       (3) Prior to initiating a proceeding under division (E)(1) of 4133
this section, and upon payment of the fee under division (B) of 4134
section 4505.14 of the Revised Code, any interested party may 4135
cause a search to be made of the public records of the bureau of 4136
motor vehicles or the clerk of the court of common pleas, to 4137
ascertain the identity of any lienholder of the vehicle. The 4138
initiating party shall furnish this information to the clerk of 4139
the court with jurisdiction over the case, and the clerk shall 4140
provide notice to the vehicle owner, the defendant, any 4141
lienholder, and any other interested parties listed by the 4142
initiating party, at the last known address supplied by the 4143
initiating party, by certified mail or, at the option of the 4144
initiating party, by personal service or ordinary mail.4145

       As used in this section, "interested party" includes the 4146
offender, all lienholders, the owner of the place of storage, the 4147
person or entity that caused the vehicle to be removed, and the 4148
person or entity, if any, entitled to the immobilization fee under 4149
division (A)(5) of this section.4150

       Sec. 4503.234.  (A) If a court orders the criminal forfeiture 4151
of a vehicle pursuant to section 4503.233, 4503.236, 4510.11, 4152
4510.14, 4510.16, 4510.161, 4510.41, 4511.19, 4511.193, or 4153
4511.203 of the Revised Code, the order shall be issued and 4154
enforced in accordance with this division, subject to division (B) 4155
of this section. An order of criminal forfeiture issued under this 4156
division shall authorize an appropriate law enforcement agency to 4157
seize the vehicle ordered criminally forfeited upon the terms and 4158
conditions that the court determines proper. No vehicle ordered 4159
criminally forfeited pursuant to this division shall be considered 4160
contraband for purposes of Chapter 2981. of the Revised Code, but 4161
the law enforcement agency that employs the officer who seized it 4162
shall hold the vehicle for disposal in accordance with this 4163
section. A forfeiture order may be issued only after the offender 4164
has been provided with an opportunity to be heard. The prosecuting 4165
attorney shall give the offender written notice of the possibility 4166
of forfeiture by sending a copy of the relevant uniform traffic 4167
ticket or other written notice to the offender not less than seven 4168
days prior to the date of issuance of the forfeiture order. A 4169
vehicle is subject to an order of criminal forfeiture pursuant to 4170
this division upon the conviction of the offender of or plea of 4171
guilty by the offender to a violation of division (A) of section 4172
4503.236, section 4510.11, 4510.14, 4510.16, or 4511.203, or 4173
division (A) of section 4511.19 of the Revised Code, or a 4174
municipal ordinance that is substantially equivalent to any of 4175
those sections or divisions.4176

       (B)(1) Prior to the issuance of an order of criminal 4177
forfeiture pursuant to this section, the law enforcement agency 4178
that employs the law enforcement officer who seized the vehicle 4179
shall conduct or cause to be conducted a search of the appropriate 4180
public records that relate to the vehicle and shall make or cause 4181
to be made reasonably diligent inquiries to identify any 4182
lienholder or any person or entity with an ownership interest in 4183
the vehicle. The court that is to issue the forfeiture order also 4184
shall cause a notice of the potential order relative to the 4185
vehicle and of the expected manner of disposition of the vehicle 4186
after its forfeiture to be sent to any lienholder or person who is 4187
known to the court to have any right, title, or interest in the 4188
vehicle. The court shall give the notice by certified mail, return 4189
receipt requested, or by personal service.4190

       (2) No order of criminal forfeiture shall be issued pursuant 4191
to this section if a lienholder or other person with an ownership 4192
interest in the vehicle establishes to the court, by a 4193
preponderance of the evidence after filing a motion with the 4194
court, that the lienholder or other person neither knew nor should 4195
have known after a reasonable inquiry that the vehicle would be 4196
used or involved, or likely would be used or involved, in the 4197
violation resulting in the issuance of the order of criminal 4198
forfeiture or the violation of the order of immobilization issued 4199
under section 4503.233 of the Revised Code, that the lienholder or 4200
other person did not expressly or impliedly consent to the use or 4201
involvement of the vehicle in that violation, and that the lien or 4202
ownership interest was perfected pursuant to law prior to the 4203
seizure of the vehicle under section 4503.236, 4510.41, 4511.195, 4204
or 4511.203 of the Revised Code. If the lienholder or holder of 4205
the ownership interest satisfies the court that these criteria 4206
have been met, the court shall preserve the lienholder's or other 4207
person's lien or interest, and the court either shall return the 4208
vehicle to the holder, or shall order that the proceeds of any 4209
sale held pursuant to division (C)(2) of this section be paid to 4210
the lienholder or holder of the interest less the costs of 4211
seizure, storage, and maintenance of the vehicle. The court shall 4212
not return a vehicle to a lienholder or a holder of an ownership 4213
interest unless the lienholder or holder submits an affidavit to 4214
the court that states that the lienholder or holder will not 4215
return the vehicle to the person from whom the vehicle was seized 4216
pursuant to the order of criminal forfeiture or to any member of 4217
that person's family and will not otherwise knowingly permit that 4218
person or any member of that person's family to obtain possession 4219
of the vehicle.4220

       (3) No order of criminal forfeiture shall be issued pursuant 4221
to this section if a person with an interest in the vehicle 4222
establishes to the court, by a preponderance of the evidence after 4223
filing a motion with the court, that the person neither knew nor 4224
should have known after a reasonable inquiry that the vehicle had 4225
been used or was involved in the violation resulting in the 4226
issuance of the order of criminal forfeiture or the violation of 4227
the order of immobilization issued under section 4503.233 of the 4228
Revised Code, that the person did not expressly or impliedly 4229
consent to the use or involvement of the vehicle in that 4230
violation, that the interest was perfected in good faith and for 4231
value pursuant to law between the time of the arrest of the 4232
offender and the final disposition of the criminal charge in 4233
question, and that the vehicle was in the possession of the 4234
interest holder at the time of the perfection of the interest. If 4235
the court is satisfied that the interest holder has met these 4236
criteria, the court shall preserve the interest holder's interest, 4237
and the court either shall return the vehicle to the interest 4238
holder or order that the proceeds of any sale held pursuant to 4239
division (C) of this section be paid to the holder of the interest 4240
less the costs of seizure, storage, and maintenance of the 4241
vehicle. The court shall not return a vehicle to an interest 4242
holder unless the holder submits an affidavit to the court stating 4243
that the holder will not return the vehicle to the person from 4244
whom the holder acquired the holder's interest, nor to any member 4245
of that person's family, and the holder will not otherwise 4246
knowingly permit that person or any member of that person's family 4247
to obtain possession of the vehicle.4248

       (C) A vehicle ordered criminally forfeited to the state 4249
pursuant to this section shall be disposed of as follows:4250

       (1) It shall be given to the law enforcement agency that 4251
employs the law enforcement officer who seized the vehicle, if 4252
that agency desires to have it;4253

       (2) If a vehicle is not disposed of pursuant to division 4254
(C)(1) of this section, the vehicle shall be sold, without 4255
appraisal, if the value of the vehicle is two thousand dollars or 4256
more as determined by publications of the national auto dealer's 4257
association, at a public auction to the highest bidder for cash. 4258
Prior to the sale, the prosecuting attorney in the case shall 4259
cause a notice of the proposed sale to be given in accordance with 4260
law. The court shall cause notice of the sale of the vehicle to be 4261
published in a newspaper of general circulation in the county in 4262
which the court is located at least seven days prior to the date 4263
of the sale. The proceeds of a sale under this division or 4264
division (F) of this section shall be applied in the following 4265
order:4266

       (a) First, they shall be applied to the payment of the costs 4267
incurred in connection with the seizure, storage, and maintenance 4268
of, and provision of security for, the vehicle, any proceeding 4269
arising out of the forfeiture, and if any, the sale.4270

       (b) Second, the remaining proceeds after compliance with 4271
division (C)(2)(a) of this section, shall be applied to the 4272
payment of the value of any lien or ownership interest in the 4273
vehicle preserved under division (B) of this section.4274

       (c) Third, the remaining proceeds, after compliance with 4275
divisions (C)(2)(a) and (b) of this section, shall be applied to 4276
the appropriate funds in accordance with divisions (B) and (C) of 4277
section 2981.13 of the Revised Code, provided that the total of 4278
the amount so deposited under this division shall not exceed one 4279
thousand dollars. The remaining proceeds deposited under this 4280
division shall be used only for the purposes authorized by those 4281
divisions and division (D) of that section.4282

       (d) Fourth, the remaining proceeds after compliance with 4283
divisions (C)(2)(a) and (b) of this section and after deposit of a 4284
total amount of one thousand dollars under division (C)(2)(c) of 4285
this section shall be applied so that fifty per cent of those 4286
remaining proceeds is paid into the reparation fund established by 4287
section 2743.191 of the Revised Code, twenty-five per cent is paid 4288
into the drug abuse resistance education programs fund created by 4289
division (F)(2)(e) of section 4511.191 of the Revised Code and 4290
shall be used only for the purposes authorized by division 4291
(F)(2)(e) of that section, and twenty-five per cent is applied to 4292
the appropriate funds in accordance with divisions (B) and (C) of 4293
section 2981.13 of the Revised Code. The proceeds deposited into 4294
any fund described in section 2981.13 of the Revised Code shall be 4295
used only for the purposes authorized by divisions (B)(4)(c), (C), 4296
and (D) of that section.4297

       (D) Except as provided in division (E) of section 4511.203 of 4298
the Revised Code and notwithstanding any other provision of law, 4299
neither the registrar of motor vehicles nor any deputy registrar 4300
shall accept an application for the registration of any motor 4301
vehicle in the name of any person, or register any motor vehicle 4302
in the name of any person, if both of the following apply:4303

       (1) Any vehicle registered in the person's name was 4304
criminally forfeited under this section and section 4503.233, 4305
4503.236, 4510.10, 4510.11, 4510.14, 4510.16, 4510.41, 4511.19, 4306
4511.193, or 4511.203 of the Revised Code;4307

       (2) Less than five years have expired since the issuance of 4308
the most recent order of criminal forfeiture issued in relation to 4309
a vehicle registered in the person's name.4310

       (E) If a court orders the criminal forfeiture to the state of 4311
a vehicle pursuant to section 4503.233, 4503.236, 4510.10, 4312
4510.11, 4510.14, 4510.16, 4510.161, 4510.41, 4511.19, 4511.193, 4313
or 4511.203 of the Revised Code, the title to the motor vehicle is 4314
assigned or transferred, and division (B)(2) or (3) of this 4315
section applies, in addition to or independent of any other 4316
penalty established by law, the court may fine the offender the 4317
value of the vehicle as determined by publications of the national 4318
auto dealer's association. The proceeds from any fine imposed 4319
under this division shall be distributed in accordance with 4320
division (C)(2) of this section.4321

       (F) As used in this section and divisions (B)(4)(c), (C), and 4322
(D) of section 2981.13 of the Revised Code in relation to proceeds 4323
of the sale of a vehicle under division (C) of this section, 4324
"prosecuting attorney" includes the prosecuting attorney, village 4325
solicitor, city director of law, or similar chief legal officer of 4326
a municipal corporation who prosecutes the case resulting in the 4327
conviction or guilty plea in question.4328

       (G) If the vehicle to be forfeited has an average retail 4329
value of less than two thousand dollars as determined by 4330
publications of the national auto dealer's association, no public 4331
auction is required to be held. In such a case, the court may 4332
direct that the vehicle be disposed of in any manner that it 4333
considers appropriate, including assignment of the certificate of 4334
title to the motor vehicle to a salvage dealer or a scrap metal 4335
processing facility. The court shall not transfer the vehicle to 4336
the person who is the vehicle's immediate previous owner.4337

       If the court assigns the motor vehicle to a salvage dealer or 4338
scrap metal processing facility and the court is in possession of 4339
the certificate of title to the motor vehicle, it shall send the 4340
assigned certificate of title to the motor vehicle to the clerk of 4341
the court of common pleas of the county in which the salvage 4342
dealer or scrap metal processing facility is located. The court 4343
shall mark the face of the certificate of title with the words 4344
"FOR DESTRUCTION" and shall deliver a photocopy of the certificate 4345
of title to the salvage dealer or scrap metal processing facility 4346
for its records.4347

       If the court is not in possession of the certificate of title 4348
to the motor vehicle, the court shall issue an order transferring 4349
ownership of the motor vehicle to a salvage dealer or scrap metal 4350
processing facility, send the order to the clerk of the court of 4351
common pleas of the county in which the salvage dealer or scrap 4352
metal processing facility is located, and send a photocopy of the 4353
order to the salvage dealer or scrap metal processing facility for 4354
its records. The clerk shall make the proper notations or entries 4355
in the clerk's records concerning the disposition of the motor 4356
vehicle.4357

       Sec. 4507.02.  (A)(1) No person shall permit the operation of 4358
a motor vehicle upon any public or private property used by the 4359
public for purposes of vehicular travel or parking knowing the 4360
operator does not have a valid driver's license issued to the 4361
operator by the registrar of motor vehicles under this chapter or 4362
a valid commercial driver's license issued under Chapter 4506. of 4363
the Revised Code. Except as otherwise provided in this division, 4364
whoever violates this division is guilty of an unclassified 4365
misdemeanor. When the offense is an unclassified misdemeanor, the 4366
offender shall be sentenced pursuant to sections 2929.21 to 4367
2929.28 of the Revised Code, except that the offender shall not be 4368
sentenced to a jail term; the offender shall not be sentenced to a 4369
community residential sanction pursuant to section 2929.26 of the 4370
Revised Code; notwithstanding division (A)(2)(a) of section 4371
2929.28 of the Revised Code, the offender may be fined up to one 4372
thousand dollars; and, notwithstanding division (A)(3) of section 4373
2929.27 of the Revised Code, the offender may be ordered pursuant 4374
to division (C) of that section to serve a term of community 4375
service of up to five hundred hours. The failure of an offender to 4376
complete a term of community service imposed by the court may be 4377
punished as indirect criminal contempt under division (A) of 4378
section 2705.02 of the Revised Code that may be filed in the 4379
underlying case.4380

       If, within three years of the offense, the offender 4381
previously has been convicted of or pleaded guilty to two or more 4382
violations of this section or a substantially equivalent municipal 4383
ordinance, the offense is a misdemeanor of the first degree.4384

       (2) No person shall receive a driver's license, or a 4385
motorcycle operator's endorsement of a driver's or commercial 4386
driver's license, unless and until the person surrenders to the 4387
registrar all valid licenses issued to the person by another 4388
jurisdiction recognized by this state. The registrar shall report 4389
the surrender of a license to the issuing authority, together with 4390
information that a license is now issued in this state. The 4391
registrar shall destroy any such license that is not returned to 4392
the issuing authority. No person shall be permitted to have more 4393
than one valid license at any time.4394

       (B)(1) If a person is convicted of a violation of section 4395
4510.11, 4510.14, 4510.16 when division (G)(2) and (3) of that 4396
section applies, or 4510.21 of the Revised Code or if division 4397
(F)(E) of section 4507.164 of the Revised Code applies, the trial 4398
judge of any court, in addition to or independent of any other 4399
penalties provided by law or ordinance, may impound the 4400
identification license plates of any motor vehicle registered in 4401
the name of the person. If a person is convicted of a violation of 4402
section 4510.16 of the Revised Code and division (G)(1) of that 4403
section applies, the trial judge of any court, in addition to or 4404
independent of any other penalties provided by law or ordinance, 4405
may impound the identification license plates of any motor vehicle 4406
registered in the name of the person. The court shall send the 4407
impounded license plates to the registrar, who may retain the 4408
license plates until the driver's or commercial driver's license 4409
of the owner has been reinstated or destroy them pursuant to 4410
section 4503.232 of the Revised Code.4411

       If the license plates of a person convicted of a violation of 4412
any provision of those sections have been impounded in accordance 4413
with the provisions of this division, the court shall notify the 4414
registrar of that action. The notice shall contain the name and 4415
address of the driver, the serial number of the driver's or 4416
commercial driver's license, the serial numbers of the license 4417
plates of the motor vehicle, and the length of time for which the 4418
license plates have been impounded. The registrar shall record the 4419
data in the notice as part of the driver's permanent record.4420

       (2) Any motor vehicle owner who has had the license plates of 4421
a motor vehicle impounded pursuant to division (B)(1) of this 4422
section may apply to the registrar, or to a deputy registrar, for 4423
restricted license plates that shall conform to the requirements 4424
of section 4503.231 of the Revised Code. The registrar or deputy 4425
registrar forthwith shall notify the court of the application and, 4426
upon approval of the court, shall issue restricted license plates 4427
to the applicant. Until the driver's or commercial driver's 4428
license of the owner is reinstated, any new license plates issued 4429
to the owner also shall conform to the requirements of section 4430
4503.231 of the Revised Code.4431

       The registrar or deputy registrar shall charge the owner of a 4432
vehicle the fees provided in section 4503.19 of the Revised Code 4433
for restricted license plates that are issued in accordance with 4434
this division, except upon renewal as specified in section 4503.10 4435
of the Revised Code, when the regular fee as provided in section 4436
4503.04 of the Revised Code shall be charged. The registrar or 4437
deputy registrar shall charge the owner of a vehicle the fees 4438
provided in section 4503.19 of the Revised Code whenever 4439
restricted license plates are exchanged, by reason of the 4440
reinstatement of the driver's or commercial driver's license of 4441
the owner, for those ordinarily issued.4442

       (3) If an owner wishes to sell a motor vehicle during the 4443
time the restricted license plates provided under division (B)(2) 4444
of this section are in use, the owner may apply to the court that 4445
impounded the license plates of the motor vehicle for permission 4446
to transfer title to the motor vehicle. If the court is satisfied 4447
that the sale will be made in good faith and not for the purpose 4448
of circumventing the provisions of this section, it may certify 4449
its consent to the owner and to the registrar of motor vehicles 4450
who shall enter notice of the transfer of the title of the motor 4451
vehicle in the vehicle registration record.4452

       If, during the time the restricted license plates provided 4453
under division (B)(2) of this section are in use, the title to a 4454
motor vehicle is transferred by the foreclosure of a chattel 4455
mortgage, a sale upon execution, the cancellation of a conditional 4456
sales contract, or by order of a court, the court shall notify the 4457
registrar of the action and the registrar shall enter notice of 4458
the transfer of the title to the motor vehicle in the vehicle 4459
registration record.4460

       (C) This section is not intended to change or modify any 4461
provision of Chapter 4503. of the Revised Code with respect to the 4462
taxation of motor vehicles or the time within which the taxes on 4463
motor vehicles shall be paid.4464

       Sec. 4507.164.  (A) Except as provided in divisions (C) to 4465
(E) of this section, when the license of any person is suspended 4466
pursuant to any provision of the Revised Code other than division 4467
(G) of section 4511.19 of the Revised Code and other than section 4468
4510.07 of the Revised Code for a violation of a municipal OVI 4469
ordinance, the trial judge may impound the identification license 4470
plates of any motor vehicle registered in the name of the person.4471

       (B)(1) When the license of any person is suspended pursuant 4472
to division (G)(1)(a) of section 4511.19 of the Revised Code, or 4473
pursuant to section 4510.07 of the Revised Code for a municipal 4474
OVI offense when the suspension is equivalent in length to the 4475
suspension under division (G) of section 4511.19 of the Revised 4476
Code that is specified in this division, the trial judge of the 4477
court of record or the mayor of the mayor's court that suspended 4478
the license may impound the identification license plates of any 4479
motor vehicle registered in the name of the person.4480

       (2) When the license of any person is suspended pursuant to 4481
division (G)(1)(b) of section 4511.19 of the Revised Code, or 4482
pursuant to section 4510.07 of the Revised Code for a municipal 4483
OVI offense when the suspension is equivalent in length to the 4484
suspension under division (G) of section 4511.19 of the Revised 4485
Code that is specified in this division, the trial judge of the 4486
court of record that suspended the license shall order the 4487
impoundment of the identification license plates of the motor 4488
vehicle the offender was operating at the time of the offense and 4489
the immobilization of that vehicle in accordance with section 4490
4503.233 and division (G)(1)(b) of section 4511.19 or division 4491
(C)(2)(a) of section 4511.193 of the Revised Code and may impound 4492
the identification license plates of any other motor vehicle 4493
registered in the name of the person whose license is suspended.4494

       (3) When the license of any person is suspended pursuant to 4495
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised 4496
Code, or pursuant to section 4510.07 of the Revised Code for a 4497
municipal OVI offense when the suspension is equivalent in length 4498
to the suspension under division (G) of section 4511.19 of the 4499
Revised Code that is specified in this division, the trial judge 4500
of the court of record that suspended the license shall order the 4501
criminal forfeiture to the state of the motor vehicle the offender 4502
was operating at the time of the offense in accordance with 4503
section 4503.234 and division (G)(1)(c), (d), or (e) of section 4504
4511.19 or division (C)(2)(b) of section 4511.193 of the Revised 4505
Code and may impound the identification license plates of any 4506
other motor vehicle registered in the name of the person whose 4507
license is suspended.4508

       (C)(1) When a person is convicted of or pleads guilty to a 4509
violation of section 4510.14 of the Revised Code or a 4510
substantially equivalent municipal ordinance and division (B)(1) 4511
or (2) of section 4510.14 or division (C)(B)(1) or (2) of section 4512
4510.161 of the Revised Code applies, the trial judge of the court 4513
of record or the mayor of the mayor's court that imposes sentence 4514
shall order the immobilization of the vehicle the person was 4515
operating at the time of the offense and the impoundment of its 4516
identification license plates in accordance with section 4503.233 4517
and division (B)(1) or (2) of section 4510.14 or division 4518
(C)(B)(1) or (2) of section 4510.161 of the Revised Code and may 4519
impound the identification license plates of any other vehicle 4520
registered in the name of that person.4521

       (2) When a person is convicted of or pleads guilty to a 4522
violation of section 4510.14 of the Revised Code or a 4523
substantially equivalent municipal ordinance and division (B)(3) 4524
of section 4510.14 or division (C)(B)(3) of section 4510.161 of 4525
the Revised Code applies, the trial judge of the court of record 4526
that imposes sentence shall order the criminal forfeiture to the 4527
state of the vehicle the person was operating at the time of the 4528
offense in accordance with section 4503.234 and division (B)(3) of 4529
section 4510.14 or division (C)(B)(3) of section 4510.161 of the 4530
Revised Code and may impound the identification license plates of 4531
any other vehicle registered in the name of that person.4532

       (D) When a person is convicted of or pleads guilty to a 4533
violation of division (A) of section 4510.16 of the Revised Code 4534
or a substantially equivalent municipal ordinance, division (D) or 4535
(G) of section 4510.16 or division (B) of section 4510.161 of the 4536
Revised Code applies in determining whether the immobilization of 4537
the vehicle the person was operating at the time of the offense 4538
and the impoundment of its identification license plates or the 4539
criminal forfeiture to the state of the vehicle the person was 4540
operating at the time of the offense is authorized or required. 4541
The trial judge of the court of record or the mayor of the mayor's 4542
court that imposes sentence may impound the identification license 4543
plates of any other vehicle registered in the name of that person.4544

       (E)(1) When a person is convicted of or pleads guilty to a 4545
violation of section 4511.203 of the Revised Code and the person 4546
is sentenced pursuant to division (C)(3)(a) or (b) of section 4547
4511.203 of the Revised Code, the trial judge of the court of 4548
record or the mayor of the mayor's court that imposes sentence 4549
shall order the immobilization of the vehicle that was involved in 4550
the commission of the offense and the impoundment of its 4551
identification license plates in accordance with division 4552
(C)(3)(a) or (b) of section 4511.203 and section 4503.233 of the 4553
Revised Code and may impound the identification license plates of 4554
any other vehicle registered in the name of that person.4555

       (2) When a person is convicted of or pleads guilty to a 4556
violation of section 4511.203 of the Revised Code and the person 4557
is sentenced pursuant to division (C)(3)(c) of section 4511.203 of 4558
the Revised Code, the trial judge of the court of record or the 4559
mayor of the mayor's court that imposes sentence shall order the 4560
criminal forfeiture to the state of the vehicle that was involved 4561
in the commission of the offense in accordance with division 4562
(C)(3)(c) of section 4511.203 and section 4503.234 of the Revised 4563
Code and may impound the identification license plates of any 4564
other vehicle registered in the name of that person.4565

       (F)(E) Except as provided in section 4503.233 or 4503.234 of 4566
the Revised Code, when the certificate of registration, the 4567
identification license plates, or both have been impounded, 4568
division (B) of section 4507.02 of the Revised Code is applicable.4569

       (G)(F) As used in this section, "municipal OVI offense" has 4570
the same meaning as in section 4511.181 of the Revised Code.4571

       Sec. 4509.06.  (A) The driver of any motor vehicle which is 4572
in any manner involved in a motor vehicle accident within six 4573
months of the accident may forward a written report of the 4574
accident to the registrar of motor vehicles on a form prescribed 4575
by the registrar alleging that a driver or owner of any other 4576
vehicle involved in the accident was uninsured at the time of the 4577
accident.4578

       (B) Upon receipt of the accident report, the registrar shall 4579
send a notice by regular mail to the driver and owner alleged to 4580
be uninsured requiring the person to give evidence that the person 4581
had proof of financial responsibility in effect at the time of the 4582
accident.4583

       (C) Within thirty days after the mailing of the notice by the 4584
registrar, the driver of the vehicle alleged to be uninsured shall 4585
forward a report together with acceptable proof of financial 4586
responsibility to the registrar in a form prescribed by the 4587
registrar. The forwarding of the report by the owner of the motor 4588
vehicle involved in the accident is deemed compliance with this 4589
section by the driver. This section does not change or modify the 4590
duties of the driver or operator of a motor vehicle as set forth 4591
in section 4549.02 of the Revised Code.4592

       (D) In accordance with sections 4509.01 to 4509.78 of the 4593
Revised Code, the registrar shall suspend the license of any 4594
person who fails to give acceptable proof of financial 4595
responsibility as required in this section.4596

       Sec. 4509.101.  (A)(1) No person shall operate, or permit the 4597
operation of, a motor vehicle in this state, unless proof of 4598
financial responsibility is maintained continuously throughout the 4599
registration period with respect to that vehicle, or, in the case 4600
of a driver who is not the owner, with respect to that driver's 4601
operation of that vehicle.4602

       (2) Whoever violates division (A)(1) of this section shall be 4603
subject to the following civil penalties:4604

       (a) Subject to divisions (A)(2)(b) and (c) of this section, a 4605
class E(F) suspension of the person's driver's license, 4606
commercial driver's license, temporary instruction permit, 4607
probationary license, or nonresident operating privilege for the 4608
period of time specified in division (B)(5)(6) of section 4510.02 4609
of the Revised Code and impoundment of the person's license. The 4610
court may grant limited driving privileges to the person only if 4611
the person presents proof of financial responsibility and has 4612
complied with division (A)(5) of this section.4613

       (b) If, within five years of the violation, the person's 4614
operating privileges are again suspended and the person's license 4615
again is impounded for a violation of division (A)(1) of this 4616
section, a class C suspension of the person's driver's license, 4617
commercial driver's license, temporary instruction permit, 4618
probationary license, or nonresident operating privilege for the 4619
period of time specified in division (B)(3) of section 4510.02 of 4620
the Revised Code. The court may grant limited driving privileges 4621
to the person only if the person presents proof of financial 4622
responsibility and has complied with division (A)(5) of this 4623
section, and no court may grant limited driving privileges for the 4624
first fifteen days of the suspension.4625

       (c) If, within five years of the violation, the person's 4626
operating privileges are suspended and the person's license is 4627
impounded two or more times for a violation of division (A)(1) of 4628
this section, a class B suspension of the person's driver's 4629
license, commercial driver's license, temporary instruction 4630
permit, probationary license, or nonresident operating privilege 4631
for the period of time specified in division (B)(2) of section 4632
4510.02 of the Revised Code. NoThe court may grant limited 4633
driving privileges to the person only if the person presents proof 4634
of financial responsibility and has complied with division (A)(5) 4635
of this section, except that no court may grant limited driving 4636
privileges duringfor the first thirty days of the suspension.4637

       (d) In addition to the suspension of an owner's license under 4638
division (A)(2)(a), (b), or (c) of this section, the suspension of 4639
the rights of the owner to register the motor vehicle and the 4640
impoundment of the owner's certificate of registration and license 4641
plates until the owner complies with division (A)(5) of this 4642
section.4643

       (3) A person to whom this state has issued a certificate of 4644
registration for a motor vehicle or a license to operate a motor 4645
vehicle or who is determined to have operated any motor vehicle or 4646
permitted the operation in this state of a motor vehicle owned by 4647
the person shall be required to verify the existence of proof of 4648
financial responsibility covering the operation of the motor 4649
vehicle or the person's operation of the motor vehicle under any 4650
of the following circumstances:4651

       (a) The person or a motor vehicle owned by the person is 4652
involved in a traffic accident that requires the filing of an 4653
accident report under section 4509.06 of the Revised Code.4654

       (b) The person receives a traffic ticket indicating that 4655
proof of the maintenance of financial responsibility was not 4656
produced upon the request of a peace officer or state highway 4657
patrol trooper made in accordance with division (D)(2) of this 4658
section.4659

       (c) Whenever, in accordance with rules adopted by the 4660
registrar, the person is randomly selected by the registrar and 4661
requested to provide such verification.4662

       (4) An order of the registrar that suspends and impounds a 4663
license or registration, or both, shall state the date on or 4664
before which the person is required to surrender the person's 4665
license or certificate of registration and license plates. The 4666
person is deemed to have surrendered the license or certificate of 4667
registration and license plates, in compliance with the order, if 4668
the person does either of the following:4669

       (a) On or before the date specified in the order, personally 4670
delivers the license or certificate of registration and license 4671
plates, or causes the delivery of the items, to the registrar;4672

       (b) Mails the license or certificate of registration and 4673
license plates to the registrar in an envelope or container 4674
bearing a postmark showing a date no later than the date specified 4675
in the order.4676

       (5) Except as provided in division (A)(6) or (L) of this 4677
section, the registrar shall not restore any operating privileges 4678
or registration rights suspended under this section, return any 4679
license, certificate of registration, or license plates impounded 4680
under this section, or reissue license plates under section 4681
4503.232 of the Revised Code, if the registrar destroyed the 4682
impounded license plates under that section, or reissue a license 4683
under section 4510.52 of the Revised Code, if the registrar 4684
destroyed the suspended license under that section, unless the 4685
rights are not subject to suspension or revocation under any other 4686
law and unless the person, in addition to complying with all other 4687
conditions required by law for reinstatement of the operating 4688
privileges or registration rights, complies with all of the 4689
following:4690

       (a) Pays to the registrar or an eligible deputy registrar a 4691
financial responsibility reinstatement fee of one hundred dollars 4692
for the first violation of division (A)(1) of this section, three 4693
hundred dollars for a second violation of that division, and six 4694
hundred dollars for a third or subsequent violation of that 4695
division;4696

       (b) If the person has not voluntarily surrendered the 4697
license, certificate, or license plates in compliance with the 4698
order, pays to the registrar or an eligible deputy registrar a 4699
financial responsibility nonvoluntary compliance fee in an amount, 4700
not to exceed fifty dollars, determined by the registrar;4701

       (c) Files and continuously maintains proof of financial 4702
responsibility under sections 4509.44 to 4509.65 of the Revised 4703
Code;4704

       (d) Pays a deputy registrar a service fee of ten dollars to 4705
compensate the deputy registrar for services performed under this 4706
section. The deputy registrar shall retain eight dollars of the 4707
service fee and shall transmit the reinstatement fee, any 4708
nonvoluntary compliance fee, and two dollars of the service fee to 4709
the registrar in the manner the registrar shall determine.4710

       (6) If the registrar issues an order under division (A)(2) of 4711
this section resulting from the failure of a person to respond to 4712
a financial responsibility random verification request under 4713
division (A)(3)(c) of this section and the person successfully 4714
maintains an affirmative defense to a violation of section 4510.16 4715
of the Revised Code or is determined by the registrar or a deputy 4716
registrar to have been in compliance with division (A)(1) of this 4717
section at the time of the initial financial responsibility random 4718
verification request, the registrar shall do both of the 4719
following:4720

       (a) Terminate the order of suspension or impoundment;4721

       (b) Restore the operating privileges and registration rights 4722
of the person without payment of the fees established in divisions 4723
(A)(5)(a) and (b) of this section and without a requirement to 4724
file proof of financial responsibility.4725

       (B)(1) Every party required to file an accident report under 4726
section 4509.06 of the Revised Code also shall include with the 4727
report a document described in division (G)(1) of this section.4728

       If the registrar determines, within forty-five days after the 4729
report is filed, that an operator or owner has violated division 4730
(A)(1) of this section, the registrar shall do all of the 4731
following:4732

       (a) Order the impoundment, with respect to the motor vehicle 4733
involved, required under division (A)(2)(d) of this section, of 4734
the certificate of registration and license plates of any owner 4735
who has violated division (A)(1) of this section;4736

       (b) Order the suspension required under division (A)(2)(a), 4737
(b), or (c) of this section of the license of any operator or 4738
owner who has violated division (A)(1) of this section;4739

       (c) Record the name and address of the person whose 4740
certificate of registration and license plates have been impounded 4741
or are under an order of impoundment, or whose license has been 4742
suspended or is under an order of suspension; the serial number of 4743
the person's license; the serial numbers of the person's 4744
certificate of registration and license plates; and the person's 4745
social security account number, if assigned, or, where the motor 4746
vehicle is used for hire or principally in connection with any 4747
established business, the person's federal taxpayer identification 4748
number. The information shall be recorded in such a manner that it 4749
becomes a part of the person's permanent record, and assists the 4750
registrar in monitoring compliance with the orders of suspension 4751
or impoundment.4752

       (d) Send written notification to every person to whom the 4753
order pertains, at the person's last known address as shown on the 4754
records of the bureau. The person, within ten days after the date 4755
of the mailing of the notification, shall surrender to the 4756
registrar, in a manner set forth in division (A)(4) of this 4757
section, any certificate of registration and registration plates 4758
under an order of impoundment, or any license under an order of 4759
suspension.4760

       (2) The registrar shall issue any order under division (B)(1) 4761
of this section without a hearing. Any person adversely affected 4762
by the order, within ten days after the issuance of the order, may 4763
request an administrative hearing before the registrar, who shall 4764
provide the person with an opportunity for a hearing in accordance 4765
with this paragraph. A request for a hearing does not operate as a 4766
suspension of the order. The scope of the hearing shall be limited 4767
to whether the person in fact demonstrated to the registrar proof 4768
of financial responsibility in accordance with this section. The 4769
registrar shall determine the date, time, and place of any 4770
hearing, provided that the hearing shall be held, and an order 4771
issued or findings made, within thirty days after the registrar 4772
receives a request for a hearing. If requested by the person in 4773
writing, the registrar may designate as the place of hearing the 4774
county seat of the county in which the person resides or a place 4775
within fifty miles of the person's residence. The person shall pay 4776
the cost of the hearing before the registrar, if the registrar's 4777
order of suspension or impoundment is upheld.4778

       (C) Any order of suspension or impoundment issued under this 4779
section or division (B) of section 4509.37 of the Revised Code may 4780
be terminated at any time if the registrar determines upon a 4781
showing of proof of financial responsibility that the operator or 4782
owner of the motor vehicle was in compliance with division (A)(1) 4783
of this section at the time of the traffic offense, motor vehicle 4784
inspection, or accident that resulted in the order against the 4785
person. A determination may be made without a hearing. This 4786
division does not apply unless the person shows good cause for the 4787
person's failure to present satisfactory proof of financial 4788
responsibility to the registrar prior to the issuance of the 4789
order.4790

       (D)(1) For the purpose of enforcing this section, every peace 4791
officer is deemed an agent of the registrar.4792

       (a) Except as provided in division (D)(1)(b) of this section, 4793
any peace officer who, in the performance of the peace officer's 4794
duties as authorized by law, becomes aware of a person whose 4795
license is under an order of suspension, or whose certificate of 4796
registration and license plates are under an order of impoundment, 4797
pursuant to this section, may confiscate the license, certificate 4798
of registration, and license plates, and return them to the 4799
registrar.4800

       (b) Any peace officer who, in the performance of the peace 4801
officer's duties as authorized by law, becomes aware of a person 4802
whose license is under an order of suspension, or whose 4803
certificate of registration and license plates are under an order 4804
of impoundment resulting from failure to respond to a financial 4805
responsibility random verification, shall not, for that reason, 4806
arrest the owner or operator or seize the vehicle or license 4807
plates. Instead, the peace officer shall issue a citation for a 4808
violation of section 4510.16 of the Revised Code specifying the 4809
circumstances as failure to respond to a financial responsibility 4810
random verification.4811

       (2) A peace officer shall request the owner or operator of a 4812
motor vehicle to produce proof of financial responsibility in a 4813
manner described in division (G) of this section at the time the 4814
peace officer acts to enforce the traffic laws of this state and 4815
during motor vehicle inspections conducted pursuant to section 4816
4513.02 of the Revised Code.4817

       (3) A peace officer shall indicate on every traffic ticket 4818
whether the person receiving the traffic ticket produced proof of 4819
the maintenance of financial responsibility in response to the 4820
officer's request under division (D)(2) of this section. The peace 4821
officer shall inform every person who receives a traffic ticket 4822
and who has failed to produce proof of the maintenance of 4823
financial responsibility that the person must submit proof to the 4824
traffic violations bureau with any payment of a fine and costs for 4825
the ticketed violation or, if the person is to appear in court for 4826
the violation, the person must submit proof to the court.4827

       (4)(a) If a person who has failed to produce proof of the 4828
maintenance of financial responsibility appears in court for a 4829
ticketed violation, the court may permit the defendant to present 4830
evidence of proof of financial responsibility to the court at such 4831
time and in such manner as the court determines to be necessary or 4832
appropriate. In a manner prescribed by the registrar, the clerk of 4833
courts shall provide the registrar with the identity of any person 4834
who fails to submit proof of the maintenance of financial 4835
responsibility pursuant to division (D)(3) of this section.4836

       (b) If a person who has failed to produce proof of the 4837
maintenance of financial responsibility also fails to submit that 4838
proof to the traffic violations bureau with payment of a fine and 4839
costs for the ticketed violation, the traffic violations bureau, 4840
in a manner prescribed by the registrar, shall notify the 4841
registrar of the identity of that person.4842

       (5)(a) Upon receiving notice from a clerk of courts or 4843
traffic violations bureau pursuant to division (D)(4) of this 4844
section, the registrar shall order the suspension of the license 4845
of the person required under division (A)(2)(a), (b), or (c) of 4846
this section and the impoundment of the person's certificate of 4847
registration and license plates required under division (A)(2)(d) 4848
of this section, effective thirty days after the date of the 4849
mailing of notification. The registrar also shall notify the 4850
person that the person must present the registrar with proof of 4851
financial responsibility in accordance with this section, 4852
surrender to the registrar the person's certificate of 4853
registration, license plates, and license, or submit a statement 4854
subject to section 2921.13 of the Revised Code that the person did 4855
not operate or permit the operation of the motor vehicle at the 4856
time of the offense. Notification shall be in writing and shall be 4857
sent to the person at the person's last known address as shown on 4858
the records of the bureau of motor vehicles. The person, within 4859
fifteen days after the date of the mailing of notification, shall 4860
present proof of financial responsibility, surrender the 4861
certificate of registration, license plates, and license to the 4862
registrar in a manner set forth in division (A)(4) of this 4863
section, or submit the statement required under this section 4864
together with other information the person considers appropriate.4865

       If the registrar does not receive proof or the person does 4866
not surrender the certificate of registration, license plates, and 4867
license, in accordance with this division, the registrar shall 4868
permit the order for the suspension of the license of the person 4869
and the impoundment of the person's certificate of registration 4870
and license plates to take effect.4871

       (b) In the case of a person who presents, within the 4872
fifteen-day period, documents to show proof of financial 4873
responsibility, the registrar shall terminate the order of 4874
suspension and the impoundment of the registration and license 4875
plates required under division (A)(2)(d) of this section and shall 4876
send written notification to the person, at the person's last 4877
known address as shown on the records of the bureau.4878

       (c) Any person adversely affected by the order of the 4879
registrar under division (D)(5)(a) or (b) of this section, within 4880
ten days after the issuance of the order, may request an 4881
administrative hearing before the registrar, who shall provide the 4882
person with an opportunity for a hearing in accordance with this 4883
paragraph. A request for a hearing does not operate as a 4884
suspension of the order. The scope of the hearing shall be limited 4885
to whether, at the time of the hearing, the person presents proof 4886
of financial responsibility covering the vehicle and whether the 4887
person is eligible for an exemption in accordance with this 4888
section or any rule adopted under it. The registrar shall 4889
determine the date, time, and place of any hearing; provided, that 4890
the hearing shall be held, and an order issued or findings made, 4891
within thirty days after the registrar receives a request for a 4892
hearing. If requested by the person in writing, the registrar may 4893
designate as the place of hearing the county seat of the county in 4894
which the person resides or a place within fifty miles of the 4895
person's residence. Such person shall pay the cost of the hearing 4896
before the registrar, if the registrar's order of suspension or 4897
impoundment under division (D)(5)(a) or (b) of this section is 4898
upheld.4899

       (6) A peace officer may charge an owner or operator of a 4900
motor vehicle with a violation of section 4510.16 of the Revised 4901
Code when the owner or operator fails to show proof of the 4902
maintenance of financial responsibility pursuant to a peace 4903
officer's request under division (D)(2) of this section, if a 4904
check of the owner or operator's driving record indicates that the 4905
owner or operator, at the time of the operation of the motor 4906
vehicle, is required to file and maintain proof of financial 4907
responsibility under section 4509.45 of the Revised Code for a 4908
previous violation of this chapter.4909

       (7) Any forms used by law enforcement agencies in 4910
administering this section shall be prescribed, supplied, and paid 4911
for by the registrar.4912

       (8) No peace officer, law enforcement agency employing a 4913
peace officer, or political subdivision or governmental agency 4914
that employs a peace officer shall be liable in a civil action for 4915
damages or loss to persons arising out of the performance of any 4916
duty required or authorized by this section.4917

       (9) As used in this division and divisions (E) and (G) of 4918
this section, "peace officer" has the meaning set forth in section 4919
2935.01 of the Revised Code.4920

       (E) All fees, except court costs, fees paid to a deputy 4921
registrar, and those portions of the financial responsibility 4922
reinstatement fees as otherwise specified in this division, 4923
collected under this section shall be paid into the state treasury 4924
to the credit of the financial responsibility compliance fund. The 4925
financial responsibility compliance fund shall be used exclusively 4926
to cover costs incurred by the bureau in the administration of 4927
this section and sections 4503.20, 4507.212, and 4509.81 of the 4928
Revised Code, and by any law enforcement agency employing any 4929
peace officer who returns any license, certificate of 4930
registration, and license plates to the registrar pursuant to 4931
division (C) of this section, except that the director of budget 4932
and management may transfer excess money from the financial 4933
responsibility compliance fund to the state bureau of motor 4934
vehicles fund if the registrar determines that the amount of money 4935
in the financial responsibility compliance fund exceeds the amount 4936
required to cover such costs incurred by the bureau or a law 4937
enforcement agency and requests the director to make the transfer.4938

       Of each financial responsibility reinstatement fee the 4939
registrar collects pursuant to division (A)(5)(a) of this section 4940
or receives from a deputy registrar under division (A)(5)(d) of 4941
this section, the registrar shall deposit twenty-five dollars of 4942
each one-hundred-dollar reinstatement fee, fifty dollars of each 4943
three-hundred-dollar reinstatement fee, and one hundred dollars of 4944
each six-hundred-dollar reinstatement fee into the state treasury 4945
to the credit of the indigent defense support fund created by 4946
section 120.08 of the Revised Code.4947

       All investment earnings of the financial responsibility 4948
compliance fund shall be credited to the fund.4949

       (F) Chapter 119. of the Revised Code applies to this section 4950
only to the extent that any provision in that chapter is not 4951
clearly inconsistent with this section.4952

       (G)(1) The registrar, court, traffic violations bureau, or 4953
peace officer may require proof of financial responsibility to be 4954
demonstrated by use of a standard form prescribed by the 4955
registrar. If the use of a standard form is not required, a person 4956
may demonstrate proof of financial responsibility under this 4957
section by presenting to the traffic violations bureau, court, 4958
registrar, or peace officer any of the following documents or a 4959
copy of the documents:4960

       (a) A financial responsibility identification card as 4961
provided in section 4509.103 of the Revised Code;4962

       (b) A certificate of proof of financial responsibility on a 4963
form provided and approved by the registrar for the filing of an 4964
accident report required to be filed under section 4509.06 of the 4965
Revised Code;4966

       (c) A policy of liability insurance, a declaration page of a 4967
policy of liability insurance, or liability bond, if the policy or 4968
bond complies with section 4509.20 or sections 4509.49 to 4509.61 4969
of the Revised Code;4970

       (d) A bond or certification of the issuance of a bond as 4971
provided in section 4509.59 of the Revised Code;4972

       (e) A certificate of deposit of money or securities as 4973
provided in section 4509.62 of the Revised Code;4974

       (f) A certificate of self-insurance as provided in section 4975
4509.72 of the Revised Code.4976

       (2) If a person fails to demonstrate proof of financial 4977
responsibility in a manner described in division (G)(1) of this 4978
section, the person may demonstrate proof of financial 4979
responsibility under this section by any other method that the 4980
court or the bureau, by reason of circumstances in a particular 4981
case, may consider appropriate.4982

       (3) A motor carrier certificated by the interstate commerce 4983
commission or by the public utilities commission may demonstrate 4984
proof of financial responsibility by providing a statement 4985
designating the motor carrier's operating authority and averring 4986
that the insurance coverage required by the certificating 4987
authority is in full force and effect.4988

       (4)(a) A finding by the registrar or court that a person is 4989
covered by proof of financial responsibility in the form of an 4990
insurance policy or surety bond is not binding upon the named 4991
insurer or surety or any of its officers, employees, agents, or 4992
representatives and has no legal effect except for the purpose of 4993
administering this section.4994

       (b) The preparation and delivery of a financial 4995
responsibility identification card or any other document 4996
authorized to be used as proof of financial responsibility under 4997
this division does not do any of the following:4998

       (i) Create any liability or estoppel against an insurer or 4999
surety, or any of its officers, employees, agents, or 5000
representatives;5001

       (ii) Constitute an admission of the existence of, or of any 5002
liability or coverage under, any policy or bond;5003

       (iii) Waive any defenses or counterclaims available to an 5004
insurer, surety, agent, employee, or representative in an action 5005
commenced by an insured or third-party claimant upon a cause of 5006
action alleged to have arisen under an insurance policy or surety 5007
bond or by reason of the preparation and delivery of a document 5008
for use as proof of financial responsibility.5009

       (c) Whenever it is determined by a final judgment in a 5010
judicial proceeding that an insurer or surety, which has been 5011
named on a document accepted by a court or the registrar as proof 5012
of financial responsibility covering the operation of a motor 5013
vehicle at the time of an accident or offense, is not liable to 5014
pay a judgment for injuries or damages resulting from such 5015
operation, the registrar, notwithstanding any previous contrary 5016
finding, shall forthwith suspend the operating privileges and 5017
registration rights of the person against whom the judgment was 5018
rendered as provided in division (A)(2) of this section.5019

       (H) In order for any document described in division (G)(1)(b) 5020
of this section to be used for the demonstration of proof of 5021
financial responsibility under this section, the document shall 5022
state the name of the insured or obligor, the name of the insurer 5023
or surety company, and the effective and expiration dates of the 5024
financial responsibility, and designate by explicit description or 5025
by appropriate reference all motor vehicles covered which may 5026
include a reference to fleet insurance coverage.5027

       (I) For purposes of this section, "owner" does not include a 5028
licensed motor vehicle leasing dealer as defined in section 5029
4517.01 of the Revised Code, but does include a motor vehicle 5030
renting dealer as defined in section 4549.65 of the Revised Code. 5031
Nothing in this section or in section 4509.51 of the Revised Code 5032
shall be construed to prohibit a motor vehicle renting dealer from 5033
entering into a contractual agreement with a person whereby the 5034
person renting the motor vehicle agrees to be solely responsible 5035
for maintaining proof of financial responsibility, in accordance 5036
with this section, with respect to the operation, maintenance, or 5037
use of the motor vehicle during the period of the motor vehicle's 5038
rental.5039

       (J) The purpose of this section is to require the maintenance 5040
of proof of financial responsibility with respect to the operation 5041
of motor vehicles on the highways of this state, so as to minimize 5042
those situations in which persons are not compensated for injuries 5043
and damages sustained in motor vehicle accidents. The general 5044
assembly finds that this section contains reasonable civil 5045
penalties and procedures for achieving this purpose.5046

       (K) Nothing in this section shall be construed to be subject 5047
to section 4509.78 of the Revised Code.5048

       (L)(1) The registrar may terminate any suspension imposed 5049
under this section and not require the owner to comply with 5050
divisions (A)(5)(a), (b), and (c) of this section if the registrar 5051
with or without a hearing determines that the owner of the vehicle 5052
has established by clear and convincing evidence that all of the 5053
following apply:5054

       (a) The owner customarily maintains proof of financial 5055
responsibility.5056

       (b) Proof of financial responsibility was not in effect for 5057
the vehicle on the date in question for one of the following 5058
reasons:5059

       (i) The vehicle was inoperable.5060

       (ii) The vehicle is operated only seasonally, and the date in 5061
question was outside the season of operation.5062

       (iii) A person other than the vehicle owner or driver was at 5063
fault for the lapse of proof of financial responsibility through 5064
no fault of the owner or driver.5065

       (iv) The lapse of proof of financial responsibility was 5066
caused by excusable neglect under circumstances that are not 5067
likely to recur and do not suggest a purpose to evade the 5068
requirements of this chapter.5069

       (2) The registrar may grant an owner or driver relief for a 5070
reason specified in division (L)(1)(b)(i) or (ii) of this section 5071
whenever the owner or driver is randomly selected to verify the 5072
existence of proof of financial responsibility for such a vehicle. 5073
However, the registrar may grant an owner or driver relief for a 5074
reason specified in division (L)(1)(b)(iii) or (iv) of this 5075
section only if the owner or driver has not previously been 5076
granted relief under division (L)(1)(b)(iii) or (iv) of this 5077
section.5078

       (M) The registrar shall adopt rules in accordance with 5079
Chapter 119. of the Revised Code that are necessary to administer 5080
and enforce this section. The rules shall include procedures for 5081
the surrender of license plates upon failure to maintain proof of 5082
financial responsibility and provisions relating to reinstatement 5083
of registration rights, acceptable forms of proof of financial 5084
responsibility, and verification of the existence of financial 5085
responsibility during the period of registration.5086

       Sec. 4510.10.  (A) As used in this section, "reinstatement 5087
fees" means the fees that are required under section 4507.1612, 5088
4507.45, 4509.101, 4509.81, 4511.191, 4511.951, or any other 5089
provision of the Revised Code, or under a schedule established by 5090
the bureau of motor vehicles, in order to reinstate a driver's or 5091
commercial driver's license or permit or nonresident operating 5092
privilege of an offender under a suspension.5093

       (B) Reinstatement fees are those fees that compensate the 5094
bureau of motor vehicles for suspensions, cancellations, or 5095
disqualifications of a person's driving privileges and to 5096
compensate the bureau and other agencies in their administration 5097
of programs intended to reduce and eliminate threats to public 5098
safety through education, treatment, and other activities. The 5099
registrar of motor vehicles shall not reinstate a driver's or 5100
commercial driver's license or permit or nonresident operating 5101
privilege of a person until the person has paid all reinstatement 5102
fees and has complied with all conditions for each suspension, 5103
cancellation, or disqualification incurred by that person.5104

       (C) When a municipal court or county court determines in a 5105
pending case involving an offender that the offender cannot 5106
reasonably pay reinstatement fees due and owing by the offender 5107
relative to one or more suspensions that have been or will be 5108
imposed by the bureau of motor vehicles or by a court of this 5109
state, the court, by order, may undertake an installment payment 5110
plan or a payment extension plan for the payment of reinstatement 5111
fees due and owing to the bureau in that pending case. The court 5112
shall establish an installment payment plan or a payment extension 5113
plan under this division in accordance with the requirements of 5114
divisions (D)(1) and (2) of this section.5115

       (D) Independent of the provisions of division (C) of this 5116
section, an offender who cannot reasonably pay reinstatement fees 5117
due and owing by the offender relative to a suspension that has 5118
been imposed on the offender may file a petition in the municipal 5119
court, county court, or, if the person is under the age of 5120
eighteen, the juvenile division of the court of common pleas in 5121
whose jurisdiction the person resides or, if the person is not a 5122
resident of this state, in the Franklin county municipal court or 5123
juvenile division of the Franklin county court of common pleas for 5124
an order that does either of the following, in order of 5125
preference:5126

       (1) Establishes a reasonable payment plan of not less than 5127
fifty dollars per month, to be paid by the offender to the 5128
registrar of motor vehicles or an eligible deputy registrar, in 5129
all succeeding months until all reinstatement fees required of the 5130
offender are paid in full. If the person is making payments to a 5131
deputy registrar, the deputy registrar shall collect a service fee 5132
of ten dollars each time the deputy registrar collects a payment 5133
to compensate the deputy registrar for services performed under 5134
this section. The deputy registrar shall retain eight dollars of 5135
the service fee and shall transmit the reinstatement payments, 5136
plus two dollars of each service fee, to the registrar in the 5137
manner the registrar shall determine.5138

       (2) If the offender, but for the payment of the reinstatement 5139
fees, otherwise would be entitled to operate a vehicle in this 5140
state or to obtain reinstatement of the offender's operating 5141
privileges, permits the offender to operate a motor vehicle, as 5142
authorized by the court, until a future date upon which date all 5143
reinstatement fees must be paid in full. A payment extension 5144
granted under this division shall not exceed one hundred eighty 5145
days, and any operating privileges granted under this division 5146
shall be solely for the purpose of permitting the offender 5147
occupational or "family necessity" privileges in order to enable 5148
the offender to reasonably acquire the delinquent reinstatement 5149
fees due and owing.5150

       (E) If a municipal court, county court, or juvenile division 5151
enters an order of the type described in division (C) or division 5152
(D)(1) or (2) of this section, the court, at any time after the 5153
issuance of the order, may determine that a change of 5154
circumstances has occurred and may amend the order as justice 5155
requires, provided that the amended order also shall be an order 5156
that is permitted under division (C) or division (D)(1) or (2) of 5157
this section.5158

       (F) If a court enters an order of the type described in 5159
division (C), (D)(1), (D)(2), or (E) of this section, during the 5160
pendency of the order, the offender in relation to whom it applies 5161
is not subject to prosecution for failing to pay the reinstatement 5162
fees covered by the order.5163

       (G) In addition to divisions (A) to (F) of this section, the 5164
registrar, with the approval of the director of public safety and 5165
in accordance with Chapter 119. of the Revised Code, may adopt 5166
rules that permit a person to pay reinstatement fees in 5167
installments in accordance with this division. The rules may 5168
contain any of the following provisions:5169

       (1) A schedule establishing a minimum monthly payment amount;5170

       (2) If the person otherwise would have valid driving 5171
privileges but for the payment of the reinstatement fees, the 5172
registrar may record the person's driving privileges as "valid" so 5173
long as the person's installments are current.5174

       (3) If the person's installments are not current, the 5175
registrar may record the person's driving privileges as 5176
"suspended" or "failure to reinstate," as appropriate.5177

       (4) Any other provision the registrar reasonably may 5178
prescribe.5179

       (H) Reinstatement fees are debts that may be discharged in 5180
bankruptcy.5181

       Sec. 4510.11.  (A) Except as provided in division (B) of this 5182
section and in sections 4510.111 and 4510.16 of the Revised Code, 5183
no person whose driver's or commercial driver's license or permit 5184
or nonresident operating privilege has been suspended under any 5185
provision of the Revised Code, other than Chapter 4509. of the 5186
Revised Code, or under any applicable law in any other 5187
jurisdiction in which the person's license or permit was issued,5188
shall operate any motor vehicle upon the public roads and highways 5189
or upon any public or private property used by the public for 5190
purposes of vehicular travel or parking within this state during 5191
the period of suspension unless the person is granted limited 5192
driving privileges and is operating the vehicle in accordance with 5193
the terms of the limited driving privileges.5194

       (B) No person shall operate any motor vehicle upon a highway 5195
or any public or private property used by the public for purposes 5196
of vehicular travel or parking in this state in violation of any 5197
restriction of the person's driver's or commercial driver's 5198
license or permit imposed under division (D) of section 4506.10 or 5199
under section 4507.14 of the Revised Code.5200

       (C) Upon the request or motion of the prosecuting authority, 5201
a noncertified copy of the law enforcement automated data system 5202
report or a noncertified copy of a record of the registrar of 5203
motor vehicles that shows the name, date of birth, and social 5204
security number of a person charged with a violation of division 5205
(A) or (B) of this section may be admitted into evidence as 5206
prima-facie evidence that the license of the person was under 5207
suspension at the time of the alleged violation of division (A) of 5208
this section or the person operated a motor vehicle in violation 5209
of a restriction at the time of the alleged violation of division 5210
(B) of this section. The person charged with a violation of 5211
division (A) or (B) of this section may offer evidence to rebut 5212
this prima-facie evidence.5213

       (D)(1) Whoever violates division (A) or (B) of this section 5214
is guilty of a misdemeanor of the first degree. The court may 5215
impose upon the offender a class seven suspension of the 5216
offender's driver's license, commercial driver's license, 5217
temporary instruction permit, probationary license, or nonresident 5218
operating privilege from the range specified in division (A)(7) of 5219
section 4510.02 of the Revised Code.5220

       (2)(a) Except as provided in division (D)(2)(b) or (c) of 5221
this section, the court, in addition to any other penalty that it 5222
imposes on the offender and if the vehicle is registered in the 5223
offender's name and if, within three years of the offense, the 5224
offender previously has been convicted of or pleaded guilty to one 5225
violation of this section or section 4510.111 or 4510.16 of the 5226
Revised Code, or a substantially equivalent municipal ordinance, 5227
the court, in addition to or independent of any other sentence 5228
that it imposes upon the offender, may order the immobilization of 5229
the vehicle involved in the offense for thirty days and the 5230
impoundment of that vehicle's license plates for thirty days in 5231
accordance with section 4503.233 of the Revised Code.5232

       (b) If the vehicle is registered in the offender's name and 5233
if, within three years of the offense, the offender previously has 5234
been convicted of or pleaded guilty to two violations of this 5235
section, or any combination of two violations of this section or 5236
section 4510.111 or 4510.16 of the Revised Code, or of a 5237
substantially similar municipal ordinance, the court, in addition 5238
to any other sentence that it imposes on the offender, may order 5239
the immobilization of the vehicle involved in the offense for 5240
sixty days and the impoundment of that vehicle's license plates 5241
for sixty days in accordance with section 4503.233 of the Revised 5242
Code.5243

       (c) If the vehicle is registered in the offender's name and 5244
if, within three years of the offense, the offender previously has 5245
been convicted of or pleaded guilty to three or more violations of 5246
this section, or any combination of three or more violations of 5247
this section or section 4510.111 or 4510.16 of the Revised Code, 5248
or of a substantially similar municipal ordinance, the court, in 5249
addition to any other sentence that it imposes on the offender, 5250
may order the criminal forfeiture of the vehicle involved in the 5251
offense to the state.5252

       (E) Any order for immobilization and impoundment under this 5253
section shall be issued and enforced under sections 4503.233 and 5254
4507.02 of the Revised Code, as applicable. The court shall not 5255
release a vehicle from immobilization ordered under this section 5256
unless the court is presented with current proof of financial 5257
responsibility with respect to that vehicle.5258

       (F) Any order of criminal forfeiture under this section shall 5259
be issued and enforced under section 4503.234 of the Revised Code. 5260
Upon receipt of the copy of the order from the court, neither the 5261
registrar of motor vehicles nor a deputy registrar shall accept 5262
any application for the registration or transfer of registration 5263
of any motor vehicle owned or leased by the person named in the 5264
declaration of forfeiture. The period of registration denial shall 5265
be five years after the date of the order, unless, during that 5266
period, the court having jurisdiction of the offense that led to