As Introduced
134th General Assembly
Regular Session S. B. No. 288
2021-2022
Senator Manning
A BILL
To amend sections 1.07, 1.58, 9.06, 9.07, 101.721, 109.11, 109.42, 109.54, 109.57, 109.572, 109.71, 109.73, 109.75, 109.79, 109.801, 109.88, 109.921, 111.48, 145.57, 148.10, 149.43, 149.433, 307.93, 311.281, 313.10, 341.011, 341.42, 742.461, 753.19, 753.32, 901.511, 955.261, 955.28, 971.08, 1503.09, 1533.68, 1905.01, 2151.14, 2151.34, 2151.356, 2151.358, 2151.414, 2151.419, 2151.421, 2152.02, 2152.021, 2152.16, 2152.201, 2152.71, 2152.72, 2152.74, 2152.81, 2152.811, 2305.111, 2305.112, 2307.611, 2307.62, 2307.65, 2307.67, 2307.70, 2308.04, 2710.05, 2743.62, 2746.02, 2901.01, 2901.011, 2901.05, 2901.07, 2901.08, 2901.13, 2903.01, 2903.06, 2903.08, 2903.11, 2903.211, 2903.212, 2903.213, 2903.214, 2903.43, 2905.32, 2907.05, 2907.06, 2907.10, 2907.11, 2907.15, 2907.27, 2907.28, 2907.29, 2907.30, 2909.01, 2909.02, 2909.03, 2909.04, 2909.05, 2909.08, 2909.081, 2909.09, 2909.11, 2909.14, 2909.15, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.30, 2909.31, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.21, 2911.31, 2911.32, 2913.01, 2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.07, 2913.11, 2913.21, 2913.30, 2913.31, 2913.34, 2913.40, 2913.401, 2913.42, 2913.43, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2913.61, 2913.72, 2913.73, 2913.82, 2917.01, 2917.02, 2917.03, 2917.031, 2917.04, 2917.05, 2917.11, 2917.12, 2917.13, 2917.21, 2917.31, 2917.33, 2917.40, 2917.41, 2917.47, 2919.123, 2919.22, 2919.25, 2919.251, 2919.26, 2919.27, 2921.01, 2921.02, 2921.03, 2921.05, 2921.11, 2921.12, 2921.13, 2921.21, 2921.23, 2921.24, 2921.29, 2921.31, 2921.32, 2921.321, 2921.33, 2921.331, 2921.34, 2921.35, 2921.36, 2921.37, 2921.38, 2921.41, 2921.42, 2921.421, 2921.44, 2921.45, 2921.51, 2921.52, 2923.01, 2923.02, 2923.03, 2923.04, 2923.125, 2923.126, 2923.128, 2923.129, 2923.1213, 2923.13, 2923.132, 2923.14, 2923.16, 2923.31, 2923.41, 2925.04, 2925.11, 2925.12, 2925.14, 2925.141, 2925.61, 2927.01, 2927.02, 2927.021, 2927.023, 2927.03, 2927.12, 2927.15, 2927.17, 2927.21, 2927.22, 2927.24, 2927.27, 2929.01, 2929.04, 2929.11, 2929.12, 2929.13, 2929.14, 2929.18, 2929.20, 2929.21, 2929.22, 2929.34, 2929.71, 2930.01, 2930.03, 2930.06, 2930.16, 2930.17, 2933.51, 2933.81, 2933.82, 2935.03, 2935.041, 2935.36, 2937.11, 2939.21, 2941.1413, 2941.1425, 2941.25, 2945.04, 2945.42, 2945.481, 2945.482, 2945.491, 2945.71, 2945.73, 2949.02, 2950.01, 2950.99, 2951.041, 2953.08, 2953.09, 2953.25, 2953.31, 2953.32, 2953.34, 2953.37, 2953.38, 2953.52, 2953.521, 2953.57, 2953.58, 2953.59, 2953.61, 2967.04, 2967.12, 2967.13, 2967.132, 2967.16, 2967.193, 2967.26, 2967.271, 2967.28, 2971.01, 2971.03, 3107.01, 3109.50, 3111.04, 3113.31, 3301.32, 3301.541, 3305.09, 3309.67, 3313.662, 3319.31, 3319.39, 3333.38, 3712.09, 3715.06, 3721.121, 3737.22, 3750.09, 3751.04, 3752.14, 3770.021, 3770.05, 3772.99, 3791.99, 3905.841, 3999.21, 4301.25, 4301.61, 4301.69, 4303.292, 4506.01, 4507.08, 4508.06, 4510.04, 4510.13, 4510.54, 4511.19, 4511.204, 4511.205, 4511.21, 4519.47, 4715.036, 4723.28, 4729.16, 4729.552, 4729.553, 4729.56, 4729.57, 4729.96, 4730.25, 4731.22, 4734.31, 4734.99, 4752.09, 4759.07, 4760.13, 4761.09, 4762.13, 4774.13, 4778.14, 4925.04, 4931.06, 5103.0319, 5120.035, 5120.14, 5120.66, 5139.01, 5139.45, 5149.101, 5149.38, 5153.111, 5160.292, 5162.15, 5502.52, 5502.522, 5502.53, 5739.026, and 6111.53; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 2909.14 (2950.21), 2909.15 (2950.22), 2911.11 (2911.03), 2911.12 (2911.04), 2911.13 (2911.05), 2911.21 (2911.06), 2911.31 (2911.07), 2911.32 (2913.32), 2913.401 (2913.41), 2917.40 (3791.22), 2927.01 (2927.011), 2927.24 (2909.29), 2953.37 (2953.35), 2953.38 (2953.36), 2953.52 (2953.33), and 2953.56 (2953.37); to enact new section 2927.01 and sections 109.772, 109.773, 2907.011, 2911.011, 2913.08, 2913.90, 2917.011, 2921.26, 2921.27, 2921.28, 2929.121, and 5139.101; and to repeal sections 2909.06, 2909.07, 2909.10, 2909.101, 2909.13, 2909.21, 2909.25, 2909.29, 2911.10, 2911.211, 2911.23, 2913.32, 2913.33, 2913.41, 2913.421, 2913.44, 2913.441, 2913.71, 2917.32, 2917.46, 2921.04, 2921.14, 2921.15, 2921.22, 2921.25, 2927.022, 2927.11, 2953.321, 2953.33, 2953.35, 2953.36, 2953.51, 2953.53, 2953.54, 2953.55, and 2967.19 of the Revised Code to modify the Criminal Law regarding arson and related offenses; robbery, burglary, trespass, safecracking, and related offenses; theft, fraud, and related offenses; offenses against the public peace; offenses against justice and public administration; miscellaneous offenses; the meaning of "prior calculation and design"; certain vehicle license suspensions; a new offense of "aggravated rape"; and other miscellaneous provisions of that Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1.58, 109.11, 109.57, 109.572, 109.71, 109.73, 109.75, 109.79, 109.801, 149.43, 307.93, 313.10, 341.42, 753.32, 2151.34, 2151.358, 2307.70, 2746.02, 2901.01, 2901.05, 2901.08, 2903.06, 2903.08, 2903.214, 2907.05, 2907.15, 2909.01, 2909.02, 2909.03, 2909.04, 2909.05, 2909.08, 2909.081, 2909.09, 2909.11, 2909.14, 2909.15, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.30, 2909.31, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.21, 2911.31, 2911.32, 2913.01, 2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.07, 2913.11, 2913.21, 2913.30, 2913.31, 2913.34, 2913.40, 2913.401, 2913.42, 2913.43, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2913.61, 2913.72, 2913.73, 2913.82, 2917.01, 2917.02, 2917.03, 2917.031, 2917.04, 2917.05, 2917.11, 2917.12, 2917.13, 2917.21, 2917.31, 2917.33, 2917.40, 2917.41, 2917.47, 2919.22, 2921.01, 2921.02, 2921.03, 2921.05, 2921.11, 2921.12, 2921.13, 2921.21, 2921.23, 2921.24, 2921.29, 2921.31, 2921.32, 2921.321, 2921.33, 2921.331, 2921.34, 2921.35, 2921.36, 2921.37, 2921.38, 2921.41, 2921.42, 2921.421, 2921.44, 2921.45, 2921.51, 2921.52, 2923.01, 2923.02, 2923.03, 2923.125, 2923.128, 2923.1213, 2923.13, 2923.14, 2923.16, 2925.04, 2925.11, 2925.12, 2925.14, 2925.141, 2927.01, 2927.02, 2927.021, 2927.023, 2927.03, 2927.12, 2927.15, 2927.17, 2927.21, 2927.22, 2927.24, 2927.27, 2929.01, 2929.11, 2929.12, 2929.14, 2929.20, 2929.21, 2929.22, 2929.34, 2929.71, 2933.51, 2939.21, 2941.1413, 2941.25, 2945.42, 2945.71, 2945.73, 2950.01, 2951.041, 2953.08, 2953.25, 2953.31, 2953.32, 2953.34, 2953.37, 2953.38, 2953.52, 2953.521, 2953.57, 2953.58, 2953.59, 2953.61, 2967.04, 2967.132, 2967.193, 2967.26, 2967.271, 2971.03, 3107.01, 3113.31, 3770.021, 3791.99, 4301.61, 4301.69, 4506.01, 4510.04, 4511.19, 4511.21, 4723.28, 4729.16, 4729.56, 4729.57, 4729.96, 4730.25, 4731.22, 4734.31, 4752.09, 4759.07, 4760.13, 4761.09, 4762.13, 4774.13, 4778.14, 5120.035, 5139.45, and 5149.38 be amended; sections 2909.14 (2950.21), 2909.15 (2950.22), 2911.11 (2911.03), 2911.12 (2911.04), 2911.13 (2911.05), 2911.21 (2911.06), 2911.31 (2911.07), 2911.32 (2913.32), 2913.401 (2913.41), 2917.40 (3791.22), 2927.01 (2927.011), 2927.24 (2909.29), 2953.37 (2953.35), 2953.38 (2953.36), 2953.52 (2953.33), and 2953.56 (2953.37) be amended for the purpose of adopting new section numbers as indicated in parentheses; and new section 2927.01 and sections 109.772, 109.773, 2907.011, 2911.011, 2913.08, 2913.90, 2917.011, 2921.26, 2921.27, 2921.28, 2929.121, and 5139.101 of the Revised Code be enacted to read as follows:
Sec. 1.58. (A) The reenactment, amendment, or repeal of a statute does not, except as provided in division (B) of this section:
(1) Affect the prior operation of the statute or any prior action taken thereunder;
(2) Affect any validation, cure, right, privilege, obligation, or liability previously acquired, accrued, accorded, or incurred thereunder;
(3) Affect any violation thereof or penalty, forfeiture, or punishment incurred in respect thereto, prior to the amendment or repeal;
(4) Affect any investigation, proceeding, or remedy in respect of any such privilege, obligation, liability, penalty, forfeiture, or punishment; and the investigation, proceeding, or remedy may be instituted, continued, or enforced, and the penalty, forfeiture, or punishment imposed, as if the statute had not been repealed or amended.
(B) If the penalty, forfeiture, or punishment for any offense is reduced by a reenactment or amendment of a statute, the penalty, forfeiture, or punishment, if not already imposed, shall be imposed according to the statute as amended.
(C) The relocation of a criminal prohibition from a Revised Code section or division to a different Revised Code section or division does not affect a conviction of or plea of guilty to a violation of the prohibition that occurred prior to the effective date of the relocation. On or after the effective date of the relocation, any reference in the Revised Code to a conviction of or plea of guilty to a violation of the prohibition under the new section or division includes a conviction of or plea of guilty to a violation of the prohibition under the former section or division for a violation that occurred prior to the effective date of the relocation, unless the context of the reference clearly makes the reference inapplicable to the violation that occurred prior to the relocation.
Sec.
109.11. There
is hereby created in the state treasury the attorney general
reimbursement fund that shall be used for the expenses of the office
of the attorney general in providing legal services and other
services on behalf of the state. Except as otherwise provided in this
division, all amounts received by the attorney general as
reimbursement for legal services and other services that have been
rendered to other state agencies shall be paid into the state
treasury to the credit of the attorney general reimbursement fund.
All amounts awarded by a court to the attorney general for attorney's
fees, investigation costs, expert witness fees, fines, and all other
costs and fees associated with representation provided by the
attorney general and all amounts awarded to the attorney general by a
court shall be paid into the state treasury to the credit of the
attorney general reimbursement fund. All amounts paid into the state
treasury under division (C)(3)
(D)(3)
of
section 2953.32 of the Revised Code and that are required under that
division to be credited to the attorney general reimbursement fund
shall be credited to the fund, and the amounts so credited shall be
used by the bureau of criminal identification and investigation for
expenses related to the sealing or expungement of records.
Sec. 109.57. (A)(1) The superintendent of the bureau of criminal identification and investigation shall procure from wherever procurable and file for record photographs, pictures, descriptions, fingerprints, measurements, and other information that may be pertinent of all persons who have been convicted of committing within this state a felony, any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, or any misdemeanor described in division (A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of all children under eighteen years of age who have been adjudicated delinquent children for committing within this state an act that would be a felony or an offense of violence if committed by an adult or who have been convicted of or pleaded guilty to committing within this state a felony or an offense of violence, and of all well-known and habitual criminals. The person in charge of any county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution and the person in charge of any state institution having custody of a person suspected of having committed a felony, any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, or any misdemeanor described in division (A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or having custody of a child under eighteen years of age with respect to whom there is probable cause to believe that the child may have committed an act that would be a felony or an offense of violence if committed by an adult shall furnish such material to the superintendent of the bureau. Fingerprints, photographs, or other descriptive information of a child who is under eighteen years of age, has not been arrested or otherwise taken into custody for committing an act that would be a felony or an offense of violence who is not in any other category of child specified in this division, if committed by an adult, has not been adjudicated a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult, has not been convicted of or pleaded guilty to committing a felony or an offense of violence, and is not a child with respect to whom there is probable cause to believe that the child may have committed an act that would be a felony or an offense of violence if committed by an adult shall not be procured by the superintendent or furnished by any person in charge of any county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution, except as authorized in section 2151.313 of the Revised Code.
(2) Every clerk of a court of record in this state, other than the supreme court or a court of appeals, shall send to the superintendent of the bureau a weekly report containing a summary of each case involving a felony, involving any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, involving a misdemeanor described in division (A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or involving an adjudication in a case in which a child under eighteen years of age was alleged to be a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult. The clerk of the court of common pleas shall include in the report and summary the clerk sends under this division all information described in divisions (A)(2)(a) to (f) of this section regarding a case before the court of appeals that is served by that clerk. The summary shall be written on the standard forms furnished by the superintendent pursuant to division (B) of this section and shall include the following information:
(a) The incident tracking number contained on the standard forms furnished by the superintendent pursuant to division (B) of this section;
(b) The style and number of the case;
(c) The date of arrest, offense, summons, or arraignment;
(d) The date that the person was convicted of or pleaded guilty to the offense, adjudicated a delinquent child for committing the act that would be a felony or an offense of violence if committed by an adult, found not guilty of the offense, or found not to be a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult, the date of an entry dismissing the charge, an entry declaring a mistrial of the offense in which the person is discharged, an entry finding that the person or child is not competent to stand trial, or an entry of a nolle prosequi, or the date of any other determination that constitutes final resolution of the case;
(e) A statement of the original charge with the section of the Revised Code that was alleged to be violated;
(f) If the person or child was convicted, pleaded guilty, or was adjudicated a delinquent child, the sentence or terms of probation imposed or any other disposition of the offender or the delinquent child.
If the offense involved the disarming of a law enforcement officer or an attempt to disarm a law enforcement officer, the clerk shall clearly state that fact in the summary, and the superintendent shall ensure that a clear statement of that fact is placed in the bureau's records.
(3) The superintendent shall cooperate with and assist sheriffs, chiefs of police, and other law enforcement officers in the establishment of a complete system of criminal identification and in obtaining fingerprints and other means of identification of all persons arrested on a charge of a felony, any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, or a misdemeanor described in division (A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code and of all children under eighteen years of age arrested or otherwise taken into custody for committing an act that would be a felony or an offense of violence if committed by an adult. The superintendent also shall file for record the fingerprint impressions of all persons confined in a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution for the violation of state laws and of all children under eighteen years of age who are confined in a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution or in any facility for delinquent children for committing an act that would be a felony or an offense of violence if committed by an adult, and any other information that the superintendent may receive from law enforcement officials of the state and its political subdivisions.
(4) The superintendent shall carry out Chapter 2950. of the Revised Code with respect to the registration of persons who are convicted of or plead guilty to a sexually oriented offense or a child-victim oriented offense and with respect to all other duties imposed on the bureau under that chapter.
(5) The bureau shall perform centralized recordkeeping functions for criminal history records and services in this state for purposes of the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code and is the criminal history record repository as defined in that section for purposes of that compact. The superintendent or the superintendent's designee is the compact officer for purposes of that compact and shall carry out the responsibilities of the compact officer specified in that compact.
(6) The superintendent shall, upon request, assist a county coroner in the identification of a deceased person through the use of fingerprint impressions obtained pursuant to division (A)(1) of this section or collected pursuant to section 109.572 or 311.41 of the Revised Code.
(B) The superintendent shall prepare and furnish to every county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution and to every clerk of a court in this state specified in division (A)(2) of this section standard forms for reporting the information required under division (A) of this section. The standard forms that the superintendent prepares pursuant to this division may be in a tangible format, in an electronic format, or in both tangible formats and electronic formats.
(C)(1) The superintendent may operate a center for electronic, automated, or other data processing for the storage and retrieval of information, data, and statistics pertaining to criminals and to children under eighteen years of age who are adjudicated delinquent children for committing an act that would be a felony or an offense of violence if committed by an adult, criminal activity, crime prevention, law enforcement, and criminal justice, and may establish and operate a statewide communications network to be known as the Ohio law enforcement gateway to gather and disseminate information, data, and statistics for the use of law enforcement agencies and for other uses specified in this division. The superintendent may gather, store, retrieve, and disseminate information, data, and statistics that pertain to children who are under eighteen years of age and that are gathered pursuant to sections 109.57 to 109.61 of the Revised Code together with information, data, and statistics that pertain to adults and that are gathered pursuant to those sections.
(2) The superintendent or the superintendent's designee shall gather information of the nature described in division (C)(1) of this section that pertains to the offense and delinquency history of a person who has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing a sexually oriented offense or a child-victim oriented offense for inclusion in the state registry of sex offenders and child-victim offenders maintained pursuant to division (A)(1) of section 2950.13 of the Revised Code and in the internet database operated pursuant to division (A)(13) of that section and for possible inclusion in the internet database operated pursuant to division (A)(11) of that section.
(3) In addition to any other authorized use of information, data, and statistics of the nature described in division (C)(1) of this section, the superintendent or the superintendent's designee may provide and exchange the information, data, and statistics pursuant to the national crime prevention and privacy compact as described in division (A)(5) of this section.
(4) The Ohio law enforcement gateway shall contain the name, confidential address, and telephone number of program participants in the address confidentiality program established under sections 111.41 to 111.47 of the Revised Code.
(5) The attorney general may adopt rules under Chapter 119. of the Revised Code establishing guidelines for the operation of and participation in the Ohio law enforcement gateway. The rules may include criteria for granting and restricting access to information gathered and disseminated through the Ohio law enforcement gateway. The attorney general shall adopt rules under Chapter 119. of the Revised Code that grant access to information in the gateway regarding an address confidentiality program participant under sections 111.41 to 111.47 of the Revised Code to only chiefs of police, village marshals, county sheriffs, county prosecuting attorneys, and a designee of each of these individuals. The attorney general shall permit the state medical board and board of nursing to access and view, but not alter, information gathered and disseminated through the Ohio law enforcement gateway.
The attorney general may appoint a steering committee to advise the attorney general in the operation of the Ohio law enforcement gateway that is comprised of persons who are representatives of the criminal justice agencies in this state that use the Ohio law enforcement gateway and is chaired by the superintendent or the superintendent's designee.
(D)(1) The following are not public records under section 149.43 of the Revised Code:
(a) Information and materials furnished to the superintendent pursuant to division (A) of this section;
(b) Information, data, and statistics gathered or disseminated through the Ohio law enforcement gateway pursuant to division (C)(1) of this section;
(c) Information and materials furnished to any board or person under division (F) or (G) of this section.
(2) The superintendent or the superintendent's designee shall gather and retain information so furnished under division (A) of this section that pertains to the offense and delinquency history of a person who has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing a sexually oriented offense or a child-victim oriented offense for the purposes described in division (C)(2) of this section.
(E)(1) The attorney general shall adopt rules, in accordance with Chapter 119. of the Revised Code and subject to division (E)(2) of this section, setting forth the procedure by which a person may receive or release information gathered by the superintendent pursuant to division (A) of this section. A reasonable fee may be charged for this service. If a temporary employment service submits a request for a determination of whether a person the service plans to refer to an employment position has been convicted of or pleaded guilty to an offense listed or described in division (A)(1), (2), or (3) of section 109.572 of the Revised Code, the request shall be treated as a single request and only one fee shall be charged.
(2) Except as otherwise provided in this division or division (E)(3) or (4) of this section, a rule adopted under division (E)(1) of this section may provide only for the release of information gathered pursuant to division (A) of this section that relates to the conviction of a person, or a person's plea of guilty to, a criminal offense or to the arrest of a person as provided in division (E)(3) of this section. The superintendent shall not release, and the attorney general shall not adopt any rule under division (E)(1) of this section that permits the release of, any information gathered pursuant to division (A) of this section that relates to an adjudication of a child as a delinquent child, or that relates to a criminal conviction of a person under eighteen years of age if the person's case was transferred back to a juvenile court under division (B)(2) or (3) of section 2152.121 of the Revised Code and the juvenile court imposed a disposition or serious youthful offender disposition upon the person under either division, unless either of the following applies with respect to the adjudication or conviction:
(a) The adjudication or conviction was for a violation of section 2903.01 or 2903.02 of the Revised Code.
(b)
The adjudication or conviction was for a sexually oriented offense,
the juvenile court was required to classify the child a juvenile
offender registrant for that offense under section 2152.82, 2152.83,
or 2152.86 of the Revised Code, that classification has not been
removed, and the records of the adjudication or conviction have not
been sealed or expunged pursuant to sections 2151.355 to 2151.358 or
sealed or
expunged pursuant
to section 2952.32
2953.32
of
the Revised Code.
(3) A rule adopted under division (E)(1) of this section may provide for the release of information gathered pursuant to division (A) of this section that relates to the arrest of a person who is eighteen years of age or older when the person has not been convicted as a result of that arrest if any of the following applies:
(a) The arrest was made outside of this state.
(b) A criminal action resulting from the arrest is pending, and the superintendent confirms that the criminal action has not been resolved at the time the criminal records check is performed.
(c) The bureau cannot reasonably determine whether a criminal action resulting from the arrest is pending, and not more than one year has elapsed since the date of the arrest.
(4) A rule adopted under division (E)(1) of this section may provide for the release of information gathered pursuant to division (A) of this section that relates to an adjudication of a child as a delinquent child if not more than five years have elapsed since the date of the adjudication, the adjudication was for an act that would have been a felony if committed by an adult, the records of the adjudication have not been sealed or expunged pursuant to sections 2151.355 to 2151.358 of the Revised Code, and the request for information is made under division (F) of this section or under section 109.572 of the Revised Code. In the case of an adjudication for a violation of the terms of community control or supervised release, the five-year period shall be calculated from the date of the adjudication to which the community control or supervised release pertains.
(F)(1) As used in division (F)(2) of this section, "head start agency" means an entity in this state that has been approved to be an agency for purposes of subchapter II of the "Community Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, as amended.
(2)(a) In addition to or in conjunction with any request that is required to be made under section 109.572, 2151.86, 3301.32, 3301.541, division (C) of section 3310.58, or section 3319.39, 3319.391, 3327.10, 3740.11, 5104.013, 5123.081, or 5153.111 of the Revised Code or that is made under section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the board of education of any school district; the director of developmental disabilities; any county board of developmental disabilities; any provider or subcontractor as defined in section 5123.081 of the Revised Code; the chief administrator of any chartered nonpublic school; the chief administrator of a registered private provider that is not also a chartered nonpublic school; the chief administrator of any home health agency; the chief administrator of or person operating any child day-care center, type A family day-care home, or type B family day-care home licensed under Chapter 5104. of the Revised Code; the chief administrator of any head start agency; the executive director of a public children services agency; a private company described in section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code; or an employer described in division (J)(2) of section 3327.10 of the Revised Code may request that the superintendent of the bureau investigate and determine, with respect to any individual who has applied for employment in any position after October 2, 1989, or any individual wishing to apply for employment with a board of education may request, with regard to the individual, whether the bureau has any information gathered under division (A) of this section that pertains to that individual. On receipt of the request, subject to division (E)(2) of this section, the superintendent shall determine whether that information exists and, upon request of the person, board, or entity requesting information, also shall request from the federal bureau of investigation any criminal records it has pertaining to that individual. The superintendent or the superintendent's designee also may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. Within thirty days of the date that the superintendent receives a request, subject to division (E)(2) of this section, the superintendent shall send to the board, entity, or person a report of any information that the superintendent determines exists, including information contained in records that have been sealed under section 2953.32 of the Revised Code, and, within thirty days of its receipt, subject to division (E)(2) of this section, shall send the board, entity, or person a report of any information received from the federal bureau of investigation, other than information the dissemination of which is prohibited by federal law.
(b) When a board of education or a registered private provider is required to receive information under this section as a prerequisite to employment of an individual pursuant to division (C) of section 3310.58 or section 3319.39 of the Revised Code, it may accept a certified copy of records that were issued by the bureau of criminal identification and investigation and that are presented by an individual applying for employment with the district in lieu of requesting that information itself. In such a case, the board shall accept the certified copy issued by the bureau in order to make a photocopy of it for that individual's employment application documents and shall return the certified copy to the individual. In a case of that nature, a district or provider only shall accept a certified copy of records of that nature within one year after the date of their issuance by the bureau.
(c) Notwithstanding division (F)(2)(a) of this section, in the case of a request under section 3319.39, 3319.391, or 3327.10 of the Revised Code only for criminal records maintained by the federal bureau of investigation, the superintendent shall not determine whether any information gathered under division (A) of this section exists on the person for whom the request is made.
(3) The state board of education may request, with respect to any individual who has applied for employment after October 2, 1989, in any position with the state board or the department of education, any information that a school district board of education is authorized to request under division (F)(2) of this section, and the superintendent of the bureau shall proceed as if the request has been received from a school district board of education under division (F)(2) of this section.
(4) When the superintendent of the bureau receives a request for information under section 3319.291 of the Revised Code, the superintendent shall proceed as if the request has been received from a school district board of education and shall comply with divisions (F)(2)(a) and (c) of this section.
(G) In addition to or in conjunction with any request that is required to be made under section 3712.09, 3721.121, or 3740.11 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing direct care to an older adult or adult resident, the chief administrator of a home health agency, hospice care program, home licensed under Chapter 3721. of the Revised Code, or adult day-care program operated pursuant to rules adopted under section 3721.04 of the Revised Code may request that the superintendent of the bureau investigate and determine, with respect to any individual who has applied after January 27, 1997, for employment in a position that does not involve providing direct care to an older adult or adult resident, whether the bureau has any information gathered under division (A) of this section that pertains to that individual.
In addition to or in conjunction with any request that is required to be made under section 173.27 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing ombudsman services to residents of long-term care facilities or recipients of community-based long-term care services, the state long-term care ombudsman, the director of aging, a regional long-term care ombudsman program, or the designee of the ombudsman, director, or program may request that the superintendent investigate and determine, with respect to any individual who has applied for employment in a position that does not involve providing such ombudsman services, whether the bureau has any information gathered under division (A) of this section that pertains to that applicant.
In addition to or in conjunction with any request that is required to be made under section 173.38 of the Revised Code with respect to an individual who has applied for employment in a direct-care position, the chief administrator of a provider, as defined in section 173.39 of the Revised Code, may request that the superintendent investigate and determine, with respect to any individual who has applied for employment in a position that is not a direct-care position, whether the bureau has any information gathered under division (A) of this section that pertains to that applicant.
In addition to or in conjunction with any request that is required to be made under section 3712.09 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing direct care to a pediatric respite care patient, the chief administrator of a pediatric respite care program may request that the superintendent of the bureau investigate and determine, with respect to any individual who has applied for employment in a position that does not involve providing direct care to a pediatric respite care patient, whether the bureau has any information gathered under division (A) of this section that pertains to that individual.
On receipt of a request under this division, the superintendent shall determine whether that information exists and, on request of the individual requesting information, shall also request from the federal bureau of investigation any criminal records it has pertaining to the applicant. The superintendent or the superintendent's designee also may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. Within thirty days of the date a request is received, subject to division (E)(2) of this section, the superintendent shall send to the requester a report of any information determined to exist, including information contained in records that have been sealed under section 2953.32 of the Revised Code, and, within thirty days of its receipt, shall send the requester a report of any information received from the federal bureau of investigation, other than information the dissemination of which is prohibited by federal law.
(H) Information obtained by a government entity or person under this section is confidential and shall not be released or disseminated.
(I) The superintendent may charge a reasonable fee for providing information or criminal records under division (F)(2) or (G) of this section.
(J) As used in this section:
(1) "Pediatric respite care program" and "pediatric care patient" have the same meanings as in section 3712.01 of the Revised Code.
(2) "Sexually oriented offense" and "child-victim oriented offense" have the same meanings as in section 2950.01 of the Revised Code.
(3) "Registered private provider" means a nonpublic school or entity registered with the superintendent of public instruction under section 3310.41 of the Revised Code to participate in the autism scholarship program or section 3310.58 of the Revised Code to participate in the Jon Peterson special needs scholarship program.
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a)
A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041,
2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.32, 2907.011,
2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.19, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.03,
2911.04, 2919.12,
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2923.17,
2923.21, 2923.42, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05,
2925.06, 2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32,
2925.36, 2925.37, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code, a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04 of
the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date, or a violation of
section 2925.11 of the Revised Code that is not a minor drug
possession offense;
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(1)(a) of this section;
(c) If the request is made pursuant to section 3319.39 of the Revised Code for an applicant who is a teacher, any offense specified under section 9.79 of the Revised Code or in section 3319.31 of the Revised Code.
(2) On receipt of a request pursuant to section 3712.09 or 3721.121 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person who has applied for employment in a position for which a criminal records check is required by those sections. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a)
A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,
2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02,
2905.11, 2905.12, 2907.011,
2907.02,
2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,
2911.02, 2911.11,
2911.12, 2911.13, 2911.03,
2911.04, 2911.05, 2913.02,
2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43,
2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161,
2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of
the Revised Code;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(2)(a) of this section.
(3) On receipt of a request pursuant to section 173.27, 173.38, 173.381, 3740.11, 5119.34, 5164.34, 5164.341, 5164.342, 5123.081, or 5123.169 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check of the person for whom the request is made. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of, has pleaded guilty to, or (except in the case of a request pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised Code) has been found eligible for intervention in lieu of conviction for any of the following, regardless of the date of the conviction, the date of entry of the guilty plea, or (except in the case of a request pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised Code) the date the person was found eligible for intervention in lieu of conviction:
(a)
A violation of section 959.13, 959.131, 2903.01, 2903.02, 2903.03,
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,
2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01, 2905.02,
2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.011,
2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04,
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2911.03,
2911.04, 2911.05, 2913.02,
2913.03, 2913.04, 2913.05, 2913.08,
2913.11,
2913.21, 2913.31, 2913.32,
2913.40,
2913.41,
2913.42,
2913.43, 2913.44,
2913.441, 2913.45,
2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2917.01, 2917.02,
2917.03, 2917.31,
2919.12,
2919.121, 2919.123, 2919.124, 2919.22, 2919.23, 2919.24, 2919.25,
2921.03, 2921.11, 2921.12, 2921.13, 2921.21, 2921.24, 2921.32,
2921.321, 2921.34, 2921.35, 2921.36, 2921.51, 2923.12, 2923.122,
2923.123, 2923.13, 2923.161, 2923.162, 2923.21, 2923.32, 2923.42,
2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.09,
2925.11, 2925.13, 2925.14, 2925.141, 2925.22, 2925.23, 2925.24,
2925.36, 2925.55, 2925.56, 2927.12, or 3716.11 or
division (A) or (C) of section 2917.31 of
the Revised Code
or
a violation of section 2917.31 of the Revised Code as it existed
prior to the effective date of this amendment;
(b) Felonious sexual penetration in violation of former section 2907.12 of the Revised Code;
(c) A violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996;
(d) A violation of section 2923.01, 2923.02, or 2923.03 of the Revised Code when the underlying offense that is the object of the conspiracy, attempt, or complicity is one of the offenses listed in divisions (A)(3)(a) to (c) of this section;
(e) A violation of an existing or former municipal ordinance or law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in divisions (A)(3)(a) to (d) of this section.
(4) On receipt of a request pursuant to section 2151.86 or 2151.904 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a)
A violation of section 959.13, 2903.01, 2903.02, 2903.03, 2903.04,
2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 2903.211,
2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.011,
2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,
2911.01, 2911.02, 2911.11,
2911.12, 2911.03,
2911.04, 2913.49,
2917.01, 2917.02, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12,
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2927.12, or 3716.11 of the Revised Code, a violation of section
2905.04 of the Revised Code as it existed prior to July 1, 1996, a
violation of section 2919.23 of the Revised Code that would have been
a violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, had the violation been committed prior to that
date, a violation of section 2925.11 of the Revised Code that is not
a minor drug possession offense, two or more OVI or OVUAC violations
committed within the three years immediately preceding the submission
of the application or petition that is the basis of the request, or
felonious sexual penetration in violation of former section 2907.12
of the Revised Code;
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(4)(a) of this section.
(5) Upon receipt of a request pursuant to section 5104.013 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any of the following:
(a)
A violation of section 2151.421, 2903.01, 2903.02, 2903.03, 2903.04,
2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, 2903.34,
2905.01, 2905.02, 2905.05, 2905.11, 2905.32, 2907.011,
2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.19, 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.04,
2909.05,
2911.01,
2911.02, 2911.11,
2911.12, 2911.03,
2911.04, 2913.02,
2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.08,
2913.11,
2913.21, 2913.31, 2913.32,
2913.33, 2913.34,
2913.40, 2913.41,
2913.42,
2913.43, 2913.44,
2913.441, 2913.45,
2913.46, 2913.47, 2913.48, 2913.49, 2917.01, 2917.02, 2917.03,
2917.31,
2919.12,
2919.22, 2919.224, 2919.225, 2919.24, 2919.25, 2921.03, 2921.11,
2921.13, 2921.14,
2921.34,
2921.35, 2923.01, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 or
division (A) or (C) of section 2917.31 of
the Revised Code, a
violation of section 2917.31 of the Revised Code as it existed prior
to the effective date of this amendment, felonious
sexual penetration in violation of former section 2907.12 of the
Revised Code, a violation of section 2905.04 of the Revised Code as
it existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date, a violation of section
2925.11 of the Revised Code that is not a minor drug possession
offense, a violation of section 2923.02 or 2923.03 of the Revised
Code that relates to a crime specified in this division, or a second
violation of section 4511.19 of the Revised Code within five years of
the date of application for licensure or certification.
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses or violations described in division (A)(5)(a) of this section.
(6) Upon receipt of a request pursuant to section 5153.111 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a)
A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,
2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02,
2905.05, 2907.011,
2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2909.02, 2909.03, 2911.01, 2911.02, 2911.11,
2911.12, 2911.03,
2911.04, 2919.12,
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,
2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,
felonious sexual penetration in violation of former section 2907.12
of the Revised Code, a violation of section 2905.04 of the Revised
Code as it existed prior to July 1, 1996, a violation of section
2919.23 of the Revised Code that would have been a violation of
section 2905.04 of the Revised Code as it existed prior to July 1,
1996, had the violation been committed prior to that date, or a
violation of section 2925.11 of the Revised Code that is not a minor
drug possession offense;
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(6)(a) of this section.
(7) On receipt of a request for a criminal records check from an individual pursuant to section 4749.03 or 4749.06 of the Revised Code, accompanied by a completed copy of the form prescribed in division (C)(1) of this section and a set of fingerprint impressions obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in this state or in any other state. If the individual indicates that a firearm will be carried in the course of business, the superintendent shall require information from the federal bureau of investigation as described in division (B)(2) of this section. Subject to division (F) of this section, the superintendent shall report the findings of the criminal records check and any information the federal bureau of investigation provides to the director of public safety.
(8) On receipt of a request pursuant to section 1321.37, 1321.53, or 4763.05 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person who has applied for a license, permit, or certification from the department of commerce or a division in the department. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any criminal offense in this state, any other state, or the United States.
(9) On receipt of a request for a criminal records check from the treasurer of state under section 113.041 of the Revised Code or from an individual under section 928.03, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4729.53, 4729.90, 4729.92, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4747.051, 4751.20, 4751.201, 4751.202, 4751.21, 4753.061, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4774.031, 4774.06, 4776.021, 4778.04, 4778.07, 4779.091, or 4783.04 of the Revised Code, accompanied by a completed form prescribed under division (C)(1) of this section and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in this state or any other state. Subject to division (F) of this section, the superintendent shall send the results of a check requested under section 113.041 of the Revised Code to the treasurer of state and shall send the results of a check requested under any of the other listed sections to the licensing board specified by the individual in the request.
(10) On receipt of a request pursuant to section 124.74, 718.131, 1121.23, 1315.141, 1733.47, or 1761.26 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any criminal offense under any existing or former law of this state, any other state, or the United States.
(11) On receipt of a request for a criminal records check from an appointing or licensing authority under section 3772.07 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner prescribed in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty or no contest to any offense under any existing or former law of this state, any other state, or the United States that makes the person ineligible for appointment or retention under section 3772.07 of the Revised Code or that is a disqualifying offense as defined in that section or substantially equivalent to a disqualifying offense, as applicable.
(12) On receipt of a request pursuant to section 2151.33 or 2151.412 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person for whom a criminal records check is required under that section. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a)
A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,
2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02,
2905.11, 2905.12, 2907.011,
2907.02,
2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,
2911.02, 2911.11,
2911.12, 2911.13, 2911.03,
2911.04, 2911.05, 2913.02,
2913.03, 2913.04, 2913.08,
2913.11,
2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25,
2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11,
2925.13, 2925.22, 2925.23, or 3716.11 or
division (A) of section 2911.06 of
the Revised Code;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(12)(a) of this section.
(13) On receipt of a request pursuant to section 3796.12 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to the following:
(a) A disqualifying offense as specified in rules adopted under section 9.79 and division (B)(2)(b) of section 3796.03 of the Revised Code if the person who is the subject of the request is an administrator or other person responsible for the daily operation of, or an owner or prospective owner, officer or prospective officer, or board member or prospective board member of, an entity seeking a license from the department of commerce under Chapter 3796. of the Revised Code;
(b) A disqualifying offense as specified in rules adopted under section 9.79 and division (B)(2)(b) of section 3796.04 of the Revised Code if the person who is the subject of the request is an administrator or other person responsible for the daily operation of, or an owner or prospective owner, officer or prospective officer, or board member or prospective board member of, an entity seeking a license from the state board of pharmacy under Chapter 3796. of the Revised Code.
(14) On receipt of a request required by section 3796.13 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to the following:
(a) A disqualifying offense as specified in rules adopted under division (B)(8)(a) of section 3796.03 of the Revised Code if the person who is the subject of the request is seeking employment with an entity licensed by the department of commerce under Chapter 3796. of the Revised Code;
(b) A disqualifying offense as specified in rules adopted under division (B)(14)(a) of section 3796.04 of the Revised Code if the person who is the subject of the request is seeking employment with an entity licensed by the state board of pharmacy under Chapter 3796. of the Revised Code.
(15) On receipt of a request pursuant to section 4768.06 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in this state or in any other state.
(16) On receipt of a request pursuant to division (B) of section 4764.07 or division (A) of section 4735.143 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in any state or the United States.
(17) On receipt of a request for a criminal records check under section 147.022 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner prescribed in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty or no contest to any criminal offense under any existing or former law of this state, any other state, or the United States.
(18) Upon receipt of a request pursuant to division (F) of section 2915.081 or division (E) of section 2915.082 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty or no contest to any offense that is a violation of Chapter 2915. of the Revised Code or to any offense under any existing or former law of this state, any other state, or the United States that is substantially equivalent to such an offense.
(19) On receipt of a request pursuant to section 3775.03 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section and shall request information from the federal bureau of investigation to determine whether any information exists indicating that the person who is the subject of the request has been convicted of any offense under any existing or former law of this state, any other state, or the United States that is a disqualifying offense as defined in section 3772.07 of the Revised Code.
(B) Subject to division (F) of this section, the superintendent shall conduct any criminal records check to be conducted under this section as follows:
(1) The superintendent shall review or cause to be reviewed any relevant information gathered and compiled by the bureau under division (A) of section 109.57 of the Revised Code that relates to the person who is the subject of the criminal records check, including, if the criminal records check was requested under section 113.041, 121.08, 124.74, 173.27, 173.38, 173.381, 718.131, 928.03, 1121.23, 1315.141, 1321.37, 1321.53, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3740.11, 3712.09, 3721.121, 3772.07, 3775.03, 3796.12, 3796.13, 4729.071, 4729.53, 4729.90, 4729.92, 4749.03, 4749.06, 4763.05, 4764.07, 4768.06, 5104.013, 5164.34, 5164.341, 5164.342, 5123.081, 5123.169, or 5153.111 of the Revised Code, any relevant information contained in records that have been sealed under section 2953.32 of the Revised Code;
(2) If the request received by the superintendent asks for information from the federal bureau of investigation, the superintendent shall request from the federal bureau of investigation any information it has with respect to the person who is the subject of the criminal records check, including fingerprint-based checks of national crime information databases as described in 42 U.S.C. 671 if the request is made pursuant to section 2151.86 or 5104.013 of the Revised Code or if any other Revised Code section requires fingerprint-based checks of that nature, and shall review or cause to be reviewed any information the superintendent receives from that bureau. If a request under section 3319.39 of the Revised Code asks only for information from the federal bureau of investigation, the superintendent shall not conduct the review prescribed by division (B)(1) of this section.
(3) The superintendent or the superintendent's designee may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code.
(4) The superintendent shall include in the results of the criminal records check a list or description of the offenses listed or described in the relevant provision of division (A) of this section. The superintendent shall exclude from the results any information the dissemination of which is prohibited by federal law.
(5) The superintendent shall send the results of the criminal records check to the person to whom it is to be sent not later than the following number of days after the date the superintendent receives the request for the criminal records check, the completed form prescribed under division (C)(1) of this section, and the set of fingerprint impressions obtained in the manner described in division (C)(2) of this section:
(a) If the superintendent is required by division (A) of this section (other than division (A)(3) of this section) to conduct the criminal records check, thirty;
(b) If the superintendent is required by division (A)(3) of this section to conduct the criminal records check, sixty.
(C)(1) The superintendent shall prescribe a form to obtain the information necessary to conduct a criminal records check from any person for whom a criminal records check is to be conducted under this section. The form that the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats.
(2) The superintendent shall prescribe standard impression sheets to obtain the fingerprint impressions of any person for whom a criminal records check is to be conducted under this section. Any person for whom a records check is to be conducted under this section shall obtain the fingerprint impressions at a county sheriff's office, municipal police department, or any other entity with the ability to make fingerprint impressions on the standard impression sheets prescribed by the superintendent. The office, department, or entity may charge the person a reasonable fee for making the impressions. The standard impression sheets the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats.
(3) Subject to division (D) of this section, the superintendent shall prescribe and charge a reasonable fee for providing a criminal records check under this section. The person requesting the criminal records check shall pay the fee prescribed pursuant to this division. In the case of a request under section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33, 2151.412, or 5164.34 of the Revised Code, the fee shall be paid in the manner specified in that section.
(4) The superintendent of the bureau of criminal identification and investigation may prescribe methods of forwarding fingerprint impressions and information necessary to conduct a criminal records check, which methods shall include, but not be limited to, an electronic method.
(D) The results of a criminal records check conducted under this section, other than a criminal records check specified in division (A)(7) of this section, are valid for the person who is the subject of the criminal records check for a period of one year from the date upon which the superintendent completes the criminal records check. If during that period the superintendent receives another request for a criminal records check to be conducted under this section for that person, the superintendent shall provide the results from the previous criminal records check of the person at a lower fee than the fee prescribed for the initial criminal records check.
(E) When the superintendent receives a request for information from a registered private provider, the superintendent shall proceed as if the request was received from a school district board of education under section 3319.39 of the Revised Code. The superintendent shall apply division (A)(1)(c) of this section to any such request for an applicant who is a teacher.
(F)(1) Subject to division (F)(2) of this section, all information regarding the results of a criminal records check conducted under this section that the superintendent reports or sends under division (A)(7) or (9) of this section to the director of public safety, the treasurer of state, or the person, board, or entity that made the request for the criminal records check shall relate to the conviction of the subject person, or the subject person's plea of guilty to, a criminal offense.
(2) Division (F)(1) of this section does not limit, restrict, or preclude the superintendent's release of information that relates to the arrest of a person who is eighteen years of age or older, to an adjudication of a child as a delinquent child, or to a criminal conviction of a person under eighteen years of age in circumstances in which a release of that nature is authorized under division (E)(2), (3), or (4) of section 109.57 of the Revised Code pursuant to a rule adopted under division (E)(1) of that section.
(G) As used in this section:
(1) "Criminal records check" means any criminal records check conducted by the superintendent of the bureau of criminal identification and investigation in accordance with division (B) of this section.
(2) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.
(3) "OVI or OVUAC violation" means a violation of section 4511.19 of the Revised Code or a violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to section 4511.19 of the Revised Code.
(4) "Registered private provider" means a nonpublic school or entity registered with the superintendent of public instruction under section 3310.41 of the Revised Code to participate in the autism scholarship program or section 3310.58 of the Revised Code to participate in the Jon Peterson special needs scholarship program.
Sec. 109.71. There is hereby created in the office of the attorney general the Ohio peace officer training commission. The commission shall consist of nine members appointed by the governor with the advice and consent of the senate and selected as follows: one member representing the public; two members who are incumbent sheriffs; two members who are incumbent chiefs of police; one member from the bureau of criminal identification and investigation; one member from the state highway patrol; one member who is the special agent in charge of a field office of the federal bureau of investigation in this state; and one member from the department of education, trade and industrial education services, law enforcement training.
This section does not confer any arrest authority or any ability or authority to detain a person, write or issue any citation, or provide any disposition alternative, as granted under Chapter 2935. of the Revised Code.
Pursuant to division (A)(9) of section 101.82 of the Revised Code, the commission is exempt from the requirements of sections 101.82 to 101.87 of the Revised Code.
As used in sections 109.71 to 109.801 of the Revised Code:
(A) "Peace officer" means:
(1) A deputy sheriff, marshal, deputy marshal, member of the organized police department of a township or municipal corporation, member of a township police district or joint police district police force, member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code, or township constable, who is commissioned and employed as a peace officer by a political subdivision of this state or by a metropolitan housing authority, and whose primary duties are to preserve the peace, to protect life and property, and to enforce the laws of this state, ordinances of a municipal corporation, resolutions of a township, or regulations of a board of county commissioners or board of township trustees, or any of those laws, ordinances, resolutions, or regulations;
(2) A police officer who is employed by a railroad company and appointed and commissioned by the secretary of state pursuant to sections 4973.17 to 4973.22 of the Revised Code;
(3) Employees of the department of taxation engaged in the enforcement of Chapter 5743. of the Revised Code and designated by the tax commissioner for peace officer training for purposes of the delegation of investigation powers under section 5743.45 of the Revised Code;
(4) An undercover drug agent;
(5) Enforcement agents of the department of public safety whom the director of public safety designates under section 5502.14 of the Revised Code;
(6) An employee of the department of natural resources who is a natural resources law enforcement staff officer designated pursuant to section 1501.013, a natural resources officer appointed pursuant to section 1501.24, a forest-fire investigator appointed pursuant to section 1503.09, or a wildlife officer designated pursuant to section 1531.13 of the Revised Code;
(7) An employee of a park district who is designated pursuant to section 511.232 or 1545.13 of the Revised Code;
(8) An employee of a conservancy district who is designated pursuant to section 6101.75 of the Revised Code;
(9) A police officer who is employed by a hospital that employs and maintains its own proprietary police department or security department, and who is appointed and commissioned by the secretary of state pursuant to sections 4973.17 to 4973.22 of the Revised Code;
(10) Veterans' homes police officers designated under section 5907.02 of the Revised Code;
(11) A police officer who is employed by a qualified nonprofit corporation police department pursuant to section 1702.80 of the Revised Code;
(12) A state university law enforcement officer appointed under section 3345.04 of the Revised Code or a person serving as a state university law enforcement officer on a permanent basis on June 19, 1978, who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program;
(13) A special police officer employed by the department of mental health and addiction services pursuant to section 5119.08 of the Revised Code or the department of developmental disabilities pursuant to section 5123.13 of the Revised Code;
(14) A member of a campus police department appointed under section 1713.50 of the Revised Code;
(15) A member of a police force employed by a regional transit authority under division (Y) of section 306.35 of the Revised Code;
(16) Investigators appointed by the auditor of state pursuant to section 117.091 of the Revised Code and engaged in the enforcement of Chapter 117. of the Revised Code;
(17) A special police officer designated by the superintendent of the state highway patrol pursuant to section 5503.09 of the Revised Code or a person who was serving as a special police officer pursuant to that section on a permanent basis on October 21, 1997, and who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program;
(18) A special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code or a person serving as a special police officer employed by a port authority on a permanent basis on May 17, 2000, who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program;
(19) A special police officer employed by a municipal corporation who has been awarded a certificate by the executive director of the Ohio peace officer training commission for satisfactory completion of an approved peace officer basic training program and who is employed on a permanent basis on or after March 19, 2003, at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in section 119.3 of Title 14 of the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and that is required to be under a security program and is governed by aviation security rules of the transportation security administration of the United States department of transportation as provided in Parts 1542. and 1544. of Title 49 of the Code of Federal Regulations, as amended;
(20) A police officer who is employed by an owner or operator of an amusement park that has an average yearly attendance in excess of six hundred thousand guests and that employs and maintains its own proprietary police department or security department, and who is appointed and commissioned by a judge of the appropriate municipal court or county court pursuant to section 4973.17 of the Revised Code;
(21) A police officer who is employed by a bank, savings and loan association, savings bank, credit union, or association of banks, savings and loan associations, savings banks, or credit unions, who has been appointed and commissioned by the secretary of state pursuant to sections 4973.17 to 4973.22 of the Revised Code, and who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of a state, county, municipal, or department of natural resources peace officer basic training program;
(22) An investigator, as defined in section 109.541 of the Revised Code, of the bureau of criminal identification and investigation who is commissioned by the superintendent of the bureau as a special agent for the purpose of assisting law enforcement officers or providing emergency assistance to peace officers pursuant to authority granted under that section;
(23) A state fire marshal law enforcement officer appointed under section 3737.22 of the Revised Code or a person serving as a state fire marshal law enforcement officer on a permanent basis on or after July 1, 1982, who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program;
(24) A gaming agent employed under section 3772.03 of the Revised Code;
(25) An employee of the state board of pharmacy designated by the executive director of the board pursuant to section 4729.04 of the Revised Code to investigate violations of Chapters 2925., 3715., 3719., 3796., 4729., and 4752. of the Revised Code and rules adopted thereunder.
(B) "Undercover drug agent" has the same meaning as in division (B)(2) of section 109.79 of the Revised Code.
(C) "Crisis intervention training" means training in the use of interpersonal and communication skills to most effectively and sensitively interview victims of rape.
(D) "Missing children" has the same meaning as in section 2901.30 of the Revised Code.
(E) "Tactical medical professional" means an EMT, EMT-basic, AEMT, EMT-I, paramedic, nurse, or physician who is trained and certified in a nationally recognized tactical medical training program that is equivalent to "tactical combat casualty care" (TCCC) and "tactical emergency medical support" (TEMS) and who functions in the tactical or austere environment while attached to a law enforcement agency of either this state or a political subdivision of this state.
(F) "EMT-basic," "EMT-I," and "paramedic" have the same meanings as in section 4765.01 of the Revised Code and "EMT" and "AEMT" have the same meanings as in section 4765.011 of the Revised Code.
(G) "Nurse" means any of the following:
(1) Any person who is licensed to practice nursing as a registered nurse by the board of nursing;
(2) Any certified nurse practitioner, clinical nurse specialist, certified registered nurse anesthetist, or certified nurse-midwife who holds a certificate of authority issued by the board of nursing under Chapter 4723. of the Revised Code;
(3) Any person who is licensed to practice nursing as a licensed practical nurse by the board of nursing pursuant to Chapter 4723. of the Revised Code.
(H) "Physician" means a person who is licensed pursuant to Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.
(I) "County correctional officer" has the same meaning as in section 341.41 of the Revised Code.
Sec. 109.73. (A) The Ohio peace officer training commission shall recommend rules to the attorney general with respect to all of the following:
(1) The approval, or revocation of approval, of peace officer training schools administered by the state, counties, municipal corporations, public school districts, technical college districts, and the department of natural resources;
(2) Minimum courses of study, attendance requirements, and equipment and facilities to be required at approved state, county, municipal, and department of natural resources peace officer training schools;
(3) Minimum qualifications for instructors at approved state, county, municipal, and department of natural resources peace officer training schools;
(4) The requirements of minimum basic training that peace officers appointed to probationary terms shall complete before being eligible for permanent appointment, which requirements shall include training in the handling of the offense of domestic violence, other types of domestic violence-related offenses and incidents, and protection orders and consent agreements issued or approved under section 2919.26 or 3113.31 of the Revised Code; crisis intervention training; and training in the handling of missing children and child abuse and neglect cases; and training in handling violations of section 2905.32 of the Revised Code; and the time within which such basic training shall be completed following appointment to a probationary term;
(5) The requirements of minimum basic training that peace officers not appointed for probationary terms but appointed on other than a permanent basis shall complete in order to be eligible for continued employment or permanent appointment, which requirements shall include training in the handling of the offense of domestic violence, other types of domestic violence-related offenses and incidents, and protection orders and consent agreements issued or approved under section 2919.26 or 3113.31 of the Revised Code, crisis intervention training, and training in the handling of missing children and child abuse and neglect cases, and training in handling violations of section 2905.32 of the Revised Code, and the time within which such basic training shall be completed following appointment on other than a permanent basis;
(6) Categories or classifications of advanced in-service training programs for peace officers, including programs in the handling of the offense of domestic violence, other types of domestic violence-related offenses and incidents, and protection orders and consent agreements issued or approved under section 2919.26 or 3113.31 of the Revised Code, in crisis intervention, and in the handling of missing children and child abuse and neglect cases, and in handling violations of section 2905.32 of the Revised Code, and minimum courses of study and attendance requirements with respect to such categories or classifications;
(7) Permitting persons, who are employed as members of a campus police department appointed under section 1713.50 of the Revised Code; who are employed as police officers by a qualified nonprofit corporation police department pursuant to section 1702.80 of the Revised Code; who are appointed and commissioned as bank, savings and loan association, savings bank, credit union, or association of banks, savings and loan associations, savings banks, or credit unions police officers, as railroad police officers, or as hospital police officers pursuant to sections 4973.17 to 4973.22 of the Revised Code; or who are appointed and commissioned as amusement park police officers pursuant to section 4973.17 of the Revised Code, to attend approved peace officer training schools, including the Ohio peace officer training academy, and to receive certificates of satisfactory completion of basic training programs, if the private college or university that established the campus police department; qualified nonprofit corporation police department; bank, savings and loan association, savings bank, credit union, or association of banks, savings and loan associations, savings banks, or credit unions; railroad company; hospital; or amusement park sponsoring the police officers pays the entire cost of the training and certification and if trainee vacancies are available;
(8) Permitting undercover drug agents to attend approved peace officer training schools, other than the Ohio peace officer training academy, and to receive certificates of satisfactory completion of basic training programs, if, for each undercover drug agent, the county, township, or municipal corporation that employs that undercover drug agent pays the entire cost of the training and certification;
(9)(a) The requirements for basic training programs for bailiffs and deputy bailiffs of courts of record of this state and for criminal investigators employed by the state public defender that those persons shall complete before they may carry a firearm while on duty;
(b) The requirements for any training received by a bailiff or deputy bailiff of a court of record of this state or by a criminal investigator employed by the state public defender prior to June 6, 1986, that is to be considered equivalent to the training described in division (A)(9)(a) of this section.
(10) Establishing minimum qualifications and requirements for certification for dogs utilized by law enforcement agencies;
(11) Establishing minimum requirements for certification of persons who are employed as correction officers in a full-service jail, five-day facility, or eight-hour holding facility or who provide correction services in such a jail or facility;
(12) Establishing requirements for the training of humane society agents under section 1717.061 of the Revised Code, including, without limitation, a requirement that the agents receive instruction on traditional animal husbandry methods and training techniques, including customary owner-performed practices;
(13) Permitting tactical medical professionals to attend approved peace officer training schools, including the Ohio peace officer training academy, to receive training of the type described in division (A)(14) of this section and to receive certificates of satisfactory completion of training programs described in that division;
(14) The requirements for training programs that tactical medical professionals shall complete to qualify them to carry firearms while on duty under section 109.771 of the Revised Code, which requirements shall include at least the firearms training specified in division (A) of section 109.748 of the Revised Code;
(15) Procedures and requirements for a portion of basic training that peace officers complete in proper interactions with civilians during traffic stops and other in-person encounters as specified in division (B)(4) of section 109.803 of the Revised Code and including the topics of instruction listed for active duty peace officers under divisions (B)(4)(a) to (d) of that section;
(16) Permitting county correctional officers to attend approved peace officer training schools, including the Ohio peace officer training academy, to receive training of the type described in division (A)(17) of this section, and to receive certificates of satisfactory completion of basic training programs described in that division;
(17) The requirements for basic training programs that county correctional officers shall complete to qualify them to carry firearms while on duty under section 109.772 of the Revised Code, which requirements shall include the firearms training specified in section 109.773 of the Revised Code.
(B) The commission shall appoint an executive director, with the approval of the attorney general, who shall hold office during the pleasure of the commission. The executive director shall perform such duties assigned by the commission. The executive director shall receive a salary fixed pursuant to Chapter 124. of the Revised Code and reimbursement for expenses within the amounts available by appropriation. The executive director may appoint officers, employees, agents, and consultants as the executive director considers necessary, prescribe their duties, and provide for reimbursement of their expenses within the amounts available for reimbursement by appropriation and with the approval of the commission.
(C) The commission may do all of the following:
(1) Recommend studies, surveys, and reports to be made by the executive director regarding the carrying out of the objectives and purposes of sections 109.71 to 109.77 of the Revised Code;
(2) Visit and inspect any peace officer training school that has been approved by the executive director or for which application for approval has been made;
(3) Make recommendations, from time to time, to the executive director, the attorney general, and the general assembly regarding the carrying out of the purposes of sections 109.71 to 109.77 of the Revised Code;
(4) Report to the attorney general from time to time, and to the governor and the general assembly at least annually, concerning the activities of the commission;
(5) Establish fees for the services the commission offers under sections 109.71 to 109.79 of the Revised Code, including, but not limited to, fees for training, certification, and testing;
(6) Perform such other acts as are necessary or appropriate to carry out the powers and duties of the commission as set forth in sections 109.71 to 109.77 of the Revised Code.
(D) In establishing the requirements, under division (A)(12) of this section, the commission may consider any portions of the curriculum for instruction on the topic of animal husbandry practices, if any, of the Ohio state university college of veterinary medicine. No person or entity that fails to provide instruction on traditional animal husbandry methods and training techniques, including customary owner-performed practices, shall qualify to train a humane society agent for appointment under section 1717.06 of the Revised Code.
Sec. 109.75. The executive director of the Ohio peace officer training commission, on behalf of the commission, shall have the following powers and duties, which shall be exercised with the general advice of the commission and only in accordance with section 109.751 of the Revised Code and the rules adopted pursuant to that section, and with the rules adopted by the attorney general pursuant to sections 109.74, 109.741, 109.742, and 109.743 of the Revised Code:
(A) To approve peace officer training schools and firearms requalification programs administered by the state, counties, municipal corporations, and the department of natural resources, to issue certificates of approval to approved schools, and to revoke an approval or certificate;
(B) To certify, as qualified, instructors at approved peace officer training schools, to issue appropriate certificates to these instructors, and to revoke for good cause shown certificates of these instructors;
(C) To certify, as qualified, commanders at approved peace officer training schools, to issue appropriate certificates to these commanders, and to revoke for good cause shown certificates of these commanders. As used in this division, "commander" means the director or other head of an approved peace officer training school.
(D) To certify peace officers and sheriffs who have satisfactorily completed basic training programs and to issue appropriate certificates to these peace officers and sheriffs;
(E) To cause studies and surveys to be made relating to the establishment, operation, and approval of state, county, and municipal peace officer training schools;
(F) To consult and cooperate with state, county, and municipal peace officer training schools for the development of advanced in-service training programs for peace officers;
(G) To consult and cooperate with universities, colleges, and institutes for the development of specialized courses of study in the state for peace officers in police science and police administration;
(H) To consult and cooperate with other departments and agencies of the state and federal government concerned with peace officer training;
(I) To perform any other acts that may be necessary or appropriate to carry out the executive director's powers and duties as set forth in sections 109.71 to 109.77 of the Revised Code;
(J) To report to the commission at each regular meeting of the commission and at any other times that the commission may require;
(K) To certify persons who have satisfactorily completed approved training programs for correction officers in full-service jails, five-day facilities, or eight-hour holding facilities or approved training programs for others who provide correction services in those jails or facilities and to issue appropriate certificates to those persons;
(L) To maintain any records associated with the powers and duties set forth in this section. Certification examinations, either before or after completion, are not public records for purposes of section 149.43 of the Revised Code, but the results of such examinations are public records under that section;
(M) To certify tactical medical professionals who have satisfactorily completed approved training programs that qualify them to carry firearms while on duty under section 109.771 of the Revised Code and to issue appropriate certificates to such professionals;
(N) To certify county correctional officers who have satisfactorily completed approved basic training programs that qualify them to carry firearms while on duty under section 109.772 of the Revised Code and to issue appropriate certificates to such county correctional officers.
Sec. 109.772. (A) A county correctional officer may carry firearms while on duty in the same manner, to the same extent, and in the same areas as a law enforcement officer of the law enforcement agency with jurisdiction over the place at which the county jail, county workhouse, minimum security jail, joint city and county workhouse, municipal-county correctional center, multicounty-municipal correctional center, municipal-county jail or workhouse, or multicounty-municipal jail or workhouse is located, if all of the following apply:
(1) The person in charge of the county jail, county workhouse, minimum security jail, joint city and county workhouse, municipal-county correctional center, multicounty-municipal correctional center, municipal-county jail or workhouse, or multicounty-municipal jail or workhouse has specifically authorized the county correctional officer to carry firearms while on duty.
(2) The county correctional officer has done or received one of the following:
(a) The county correctional officer has been awarded a certificate by the executive director of the Ohio peace officer training commission, which certificate attests to satisfactory completion of an approved state, county, or municipal basic training program or a program at the Ohio peace officer training academy that qualifies the county correctional officer to carry firearms while on duty and that conforms to the rules adopted under section 109.773 of the Revised Code.
(b) Prior to or during employment as a county correctional officer and prior to the effective date of this section, the county correctional officer has successfully completed a firearms training program, other than one described in division (A)(2)(a) of this section, that was approved by the Ohio peace officer training commission.
(B) A county correctional officer to whom division (A) of this section applies and who is carrying one or more firearms under authority of that division has protection from potential civil or criminal liability for any conduct occurring while carrying the firearm or firearms to the same extent as a law enforcement officer of the law enforcement agency with jurisdiction over the place at which the county jail, county workhouse, minimum security jail, joint city and county workhouse, municipal-county correctional center, multicounty-municipal correctional center, municipal-county jail or workhouse, or multicounty-municipal jail or workhouse is located has such protection.
Sec. 109.773. The attorney general shall adopt, in accordance with Chapter 119. or pursuant to section 109.74 of the Revised Code, rules authorizing and governing the attendance of county correctional officers at approved peace officer training schools, including the Ohio peace officer training academy, to receive training to qualify them to carry firearms while on duty under section 109.771 of the Revised Code, and the certification of the county correctional officers upon their satisfactory completion of training programs providing that training.
Sec. 109.79. (A) The Ohio peace officer training commission shall establish and conduct a training school for law enforcement officers of any political subdivision of the state or of the state public defender's office. The school shall be known as the Ohio peace officer training academy. No bailiff or deputy bailiff of a court of record of this state and no criminal investigator employed by the state public defender shall be permitted to attend the academy for training unless the employing court of the bailiff or deputy bailiff or the state public defender, whichever is applicable, has authorized the bailiff, deputy bailiff, or investigator to attend the academy.
The Ohio peace officer training commission shall develop the training program, which shall include courses in both the civil and criminal functions of law enforcement officers, a course in crisis intervention with six or more hours of training, training in the handling of missing children and child abuse and neglect cases, and training on companion animal encounters and companion animal behavior, and shall establish rules governing qualifications for admission to the academy. The commission may require competitive examinations to determine fitness of prospective trainees, so long as the examinations or other criteria for admission to the academy are consistent with the provisions of Chapter 124. of the Revised Code.
The Ohio peace officer training commission shall determine tuition costs sufficient in the aggregate to pay the costs of operating the academy. Tuition paid by a political subdivision of the state or by the state public defender's office shall be deposited into the state treasury to the credit of the peace officer training academy fee fund, which is hereby established. The attorney general shall use money in the fund to pay costs associated with operation of the academy. The costs of acquiring and equipping the academy shall be paid from appropriations made by the general assembly to the Ohio peace officer training commission for that purpose, from gifts or grants received for that purpose, or from fees for goods related to the academy.
The Ohio peace officer training commission shall create a gaming-related curriculum for gaming agents. The Ohio peace officer training commission shall use money distributed to the Ohio peace officer training academy from the Ohio law enforcement training fund to first support the academy's training programs for gaming agents and gaming-related curriculum. The Ohio peace officer training commission may utilize existing training programs in other states that specialize in training gaming agents.
The law enforcement officers, during the period of their training, shall receive compensation as determined by the political subdivision that sponsors them or, if the officer is a criminal investigator employed by the state public defender, as determined by the state public defender. The political subdivision may pay the tuition costs of the law enforcement officers they sponsor and the state public defender may pay the tuition costs of criminal investigators of that office who attend the academy.
If trainee vacancies exist, the academy may train and issue certificates of satisfactory completion to peace officers who are employed by a campus police department pursuant to section 1713.50 of the Revised Code, by a qualified nonprofit corporation police department pursuant to section 1702.80 of the Revised Code, or by a railroad company, who are amusement park police officers appointed and commissioned by a judge of the appropriate municipal court or county court pursuant to section 4973.17 of the Revised Code, or who are bank, savings and loan association, savings bank, credit union, or association of banks, savings and loan associations, savings banks, or credit unions, or hospital police officers appointed and commissioned by the secretary of state pursuant to sections 4973.17 to 4973.22 of the Revised Code, provided that no such officer shall be trained at the academy unless the officer meets the qualifications established for admission to the academy and the qualified nonprofit corporation police department; bank, savings and loan association, savings bank, credit union, or association of banks, savings and loan associations, savings banks, or credit unions; railroad company; hospital; or amusement park or the private college or university that established the campus police department prepays the entire cost of the training. A qualified nonprofit corporation police department; bank, savings and loan association, savings bank, credit union, or association of banks, savings and loan associations, savings banks, or credit unions; railroad company; hospital; or amusement park or a private college or university that has established a campus police department is not entitled to reimbursement from the state for any amount paid for the cost of training the bank, savings and loan association, savings bank, credit union, or association of banks, savings and loan associations, savings banks, or credit unions peace officers; the railroad company's peace officers; or the peace officers of the qualified nonprofit corporation police department, campus police department, hospital, or amusement park.
The academy shall permit investigators employed by the state medical board to take selected courses that the board determines are consistent with its responsibilities for initial and continuing training of investigators as required under sections 4730.26 and 4731.05 of the Revised Code. The board shall pay the entire cost of training that investigators receive at the academy.
The academy shall permit tactical medical professionals to attend training courses at the academy that are designed to qualify the professionals to carry firearms while on duty under section 109.771 of the Revised Code and that provide training comparable to training mandated under the rules required by division (A) of section 109.748 of the Revised Code. The executive director of the Ohio peace officer training commission may certify tactical medical professionals who satisfactorily complete the training courses. The law enforcement agency served by a tactical medical professional who attends the academy may pay the tuition costs of the professional.
The academy shall permit county correctional officers to attend training courses at the academy that are designed to qualify the county correctional officers to carry firearms while on duty under section 109.772 of the Revised Code and that provide training mandated under the rules required by section 109.773 of the Revised Code. The executive director of the Ohio peace officer training commission may certify county correctional officers who satisfactorily complete the training courses. The county jail, county workhouse, minimum security jail, joint city and county workhouse, municipal-county correctional center, multicounty-municipal correctional center, municipal-county jail or workhouse, or multicounty-municipal jail or workhouse served by the county correctional officer who attends the academy may pay the tuition costs of the county correctional officer.
(B) As used in this section:
(1) "Law enforcement officers" include any undercover drug agent, any bailiff or deputy bailiff of a court of record, and any criminal investigator who is employed by the state public defender.
(2) "Undercover drug agent" means any person who:
(a) Is employed by a county, township, or municipal corporation for the purposes set forth in division (B)(2)(b) of this section but who is not an employee of a county sheriff's department, of a township constable, or of the police department of a municipal corporation or township;
(b) In the course of the person's employment by a county, township, or municipal corporation, investigates and gathers information pertaining to persons who are suspected of violating Chapter 2925. or 3719. of the Revised Code, and generally does not wear a uniform in the performance of the person's duties.
(3) "Crisis intervention training" has the same meaning as in section 109.71 of the Revised Code.
(4) "Missing children" has the same meaning as in section 2901.30 of the Revised Code.
(5) "Companion animal" has the same meaning as in section 959.131 of the Revised Code.
Sec.
109.801. (A)(1)
Each year, any of the following persons who are authorized to carry
firearms in the course of their official duties shall complete
successfully a firearms requalification program approved by the
executive director of the Ohio peace officer training commission in
accordance with rules adopted by the attorney general pursuant to
section 109.743 of the Revised Code: any peace officer, sheriff,
chief of police of an organized police department of a municipal
corporation or township, chief of police of a township police
district or joint police district police force, superintendent of the
state highway patrol, state highway patrol trooper, or chief of
police of a university or college police department; any parole or
probation officer who carries a firearm in the course of official
duties; any corrections
county
correctional officer
of
a multicounty correctional center, or of a municipal-county or
multicounty-municipal correctional center, established under section
307.93 of the Revised Code who carries a firearm in the course of
official duties;
the house of representatives sergeant at arms if the house of
representatives sergeant at arms has arrest authority pursuant to
division (E)(1) of section 101.311 of the Revised Code; any assistant
house of representatives sergeant at arms; the senate sergeant at
arms; any assistant senate sergeant at arms; any tactical medical
professional; or any employee of the department of youth services who
is designated pursuant to division (A)(2) of section 5139.53 of the
Revised Code as being authorized to carry a firearm while on duty as
described in that division.
(2) No person listed in division (A)(1) of this section shall carry a firearm during the course of official duties if the person does not comply with division (A)(1) of this section.
(B) The hours that a sheriff spends attending a firearms requalification program required by division (A) of this section are in addition to the sixteen hours of continuing education that are required by division (E) of section 311.01 of the Revised Code.
(C) As used in this section, "firearm" has the same meaning as in section 2923.11 of the Revised Code.
Sec. 149.43. (A) As used in this section:
(1) "Public record" means records kept by any public office, including, but not limited to, state, county, city, village, township, and school district units, and records pertaining to the delivery of educational services by an alternative school in this state kept by the nonprofit or for-profit entity operating the alternative school pursuant to section 3313.533 of the Revised Code. "Public record" does not mean any of the following:
(a) Medical records;
(b) Records pertaining to probation and parole proceedings, to proceedings related to the imposition of community control sanctions and post-release control sanctions, or to proceedings related to determinations under section 2967.271 of the Revised Code regarding the release or maintained incarceration of an offender to whom that section applies;
(c) Records pertaining to actions under section 2151.85 and division (C) of section 2919.121 of the Revised Code and to appeals of actions arising under those sections;
(d) Records pertaining to adoption proceedings, including the contents of an adoption file maintained by the department of health under sections 3705.12 to 3705.124 of the Revised Code;
(e) Information in a record contained in the putative father registry established by section 3107.062 of the Revised Code, regardless of whether the information is held by the department of job and family services or, pursuant to section 3111.69 of the Revised Code, the office of child support in the department or a child support enforcement agency;
(f) Records specified in division (A) of section 3107.52 of the Revised Code;
(g) Trial preparation records;
(h) Confidential law enforcement investigatory records;
(i) Records containing information that is confidential under section 2710.03 or 4112.05 of the Revised Code;
(j) DNA records stored in the DNA database pursuant to section 109.573 of the Revised Code;
(k) Inmate records released by the department of rehabilitation and correction to the department of youth services or a court of record pursuant to division (E) of section 5120.21 of the Revised Code;
(l) Records maintained by the department of youth services pertaining to children in its custody released by the department of youth services to the department of rehabilitation and correction pursuant to section 5139.05 of the Revised Code;
(m) Intellectual property records;
(n) Donor profile records;
(o) Records maintained by the department of job and family services pursuant to section 3121.894 of the Revised Code;
(p) Designated public service worker residential and familial information;
(q) In the case of a county hospital operated pursuant to Chapter 339. of the Revised Code or a municipal hospital operated pursuant to Chapter 749. of the Revised Code, information that constitutes a trade secret, as defined in section 1333.61 of the Revised Code;
(r) Information pertaining to the recreational activities of a person under the age of eighteen;
(s) In the case of a child fatality review board acting under sections 307.621 to 307.629 of the Revised Code or a review conducted pursuant to guidelines established by the director of health under section 3701.70 of the Revised Code, records provided to the board or director, statements made by board members during meetings of the board or by persons participating in the director's review, and all work products of the board or director, and in the case of a child fatality review board, child fatality review data submitted by the board to the department of health or a national child death review database, other than the report prepared pursuant to division (A) of section 307.626 of the Revised Code;
(t) Records provided to and statements made by the executive director of a public children services agency or a prosecuting attorney acting pursuant to section 5153.171 of the Revised Code other than the information released under that section;
(u) Test materials, examinations, or evaluation tools used in an examination for licensure as a nursing home administrator that the board of executives of long-term services and supports administers under section 4751.15 of the Revised Code or contracts under that section with a private or government entity to administer;
(v) Records the release of which is prohibited by state or federal law;
(w) Proprietary information of or relating to any person that is submitted to or compiled by the Ohio venture capital authority created under section 150.01 of the Revised Code;
(x) Financial statements and data any person submits for any purpose to the Ohio housing finance agency or the controlling board in connection with applying for, receiving, or accounting for financial assistance from the agency, and information that identifies any individual who benefits directly or indirectly from financial assistance from the agency;
(y) Records listed in section 5101.29 of the Revised Code;
(z) Discharges recorded with a county recorder under section 317.24 of the Revised Code, as specified in division (B)(2) of that section;
(aa) Usage information including names and addresses of specific residential and commercial customers of a municipally owned or operated public utility;
(bb) Records described in division (C) of section 187.04 of the Revised Code that are not designated to be made available to the public as provided in that division;
(cc) Information and records that are made confidential, privileged, and not subject to disclosure under divisions (B) and (C) of section 2949.221 of the Revised Code;
(dd) Personal information, as defined in section 149.45 of the Revised Code;
(ee) The confidential name, address, and other personally identifiable information of a program participant in the address confidentiality program established under sections 111.41 to 111.47 of the Revised Code, including the contents of any application for absent voter's ballots, absent voter's ballot identification envelope statement of voter, or provisional ballot affirmation completed by a program participant who has a confidential voter registration record, and records or portions of records pertaining to that program that identify the number of program participants that reside within a precinct, ward, township, municipal corporation, county, or any other geographic area smaller than the state. As used in this division, "confidential address" and "program participant" have the meaning defined in section 111.41 of the Revised Code.
(ff) Orders for active military service of an individual serving or with previous service in the armed forces of the United States, including a reserve component, or the Ohio organized militia, except that, such order becomes a public record on the day that is fifteen years after the published date or effective date of the call to order;
(gg) The name, address, contact information, or other personal information of an individual who is less than eighteen years of age that is included in any record related to a traffic accident involving a school vehicle in which the individual was an occupant at the time of the accident;
(hh) Protected health information, as defined in 45 C.F.R. 160.103, that is in a claim for payment for a health care product, service, or procedure, as well as any other health claims data in another document that reveals the identity of an individual who is the subject of the data or could be used to reveal that individual's identity;
(ii) Any depiction by photograph, film, videotape, or printed or digital image under either of the following circumstances:
(i) The depiction is that of a victim of an offense the release of which would be, to a reasonable person of ordinary sensibilities, an offensive and objectionable intrusion into the victim's expectation of bodily privacy and integrity.
(ii) The depiction captures or depicts the victim of a sexually oriented offense, as defined in section 2950.01 of the Revised Code, at the actual occurrence of that offense.
(jj) Restricted portions of a body-worn camera or dashboard camera recording;
(kk) In the case of a fetal-infant mortality review board acting under sections 3707.70 to 3707.77 of the Revised Code, records, documents, reports, or other information presented to the board or a person abstracting such materials on the board's behalf, statements made by review board members during board meetings, all work products of the board, and data submitted by the board to the department of health or a national infant death review database, other than the report prepared pursuant to section 3707.77 of the Revised Code.
(ll) Records, documents, reports, or other information presented to the pregnancy-associated mortality review board established under section 3738.01 of the Revised Code, statements made by board members during board meetings, all work products of the board, and data submitted by the board to the department of health, other than the biennial reports prepared under section 3738.08 of the Revised Code;
(mm) Except as otherwise provided in division (A)(1)(oo) of this section, telephone numbers for a victim, as defined in section 2930.01 of the Revised Code or a witness to a crime that are listed on any law enforcement record or report.
(nn) A preneed funeral contract, as defined in section 4717.01 of the Revised Code, and contract terms and personally identifying information of a preneed funeral contract, that is contained in a report submitted by or for a funeral home to the board of embalmers and funeral directors under division (C) of section 4717.13, division (J) of section 4717.31, or section 4717.41 of the Revised Code.
(oo) Telephone numbers for a party to a motor vehicle accident subject to the requirements of section 5502.11 of the Revised Code that are listed on any law enforcement record or report, except that the telephone numbers described in this division are not excluded from the definition of "public record" under this division on and after the thirtieth day after the occurrence of the motor vehicle accident.
A record that is not a public record under division (A)(1) of this section and that, under law, is permanently retained becomes a public record on the day that is seventy-five years after the day on which the record was created, except for any record protected by the attorney-client privilege, a trial preparation record as defined in this section, a statement prohibiting the release of identifying information signed under section 3107.083 of the Revised Code, a denial of release form filed pursuant to section 3107.46 of the Revised Code, or any record that is exempt from release or disclosure under section 149.433 of the Revised Code. If the record is a birth certificate and a biological parent's name redaction request form has been accepted under section 3107.391 of the Revised Code, the name of that parent shall be redacted from the birth certificate before it is released under this paragraph. If any other section of the Revised Code establishes a time period for disclosure of a record that conflicts with the time period specified in this section, the time period in the other section prevails.
(2) "Confidential law enforcement investigatory record" means any record that pertains to a law enforcement matter of a criminal, quasi-criminal, civil, or administrative nature, but only to the extent that the release of the record would create a high probability of disclosure of any of the following:
(a) The identity of a suspect who has not been charged with the offense to which the record pertains, or of an information source or witness to whom confidentiality has been reasonably promised;
(b) Information provided by an information source or witness to whom confidentiality has been reasonably promised, which information would reasonably tend to disclose the source's or witness's identity;
(c) Specific confidential investigatory techniques or procedures or specific investigatory work product;
(d) Information that would endanger the life or physical safety of law enforcement personnel, a crime victim, a witness, or a confidential information source.
(3) "Medical record" means any document or combination of documents, except births, deaths, and the fact of admission to or discharge from a hospital, that pertains to the medical history, diagnosis, prognosis, or medical condition of a patient and that is generated and maintained in the process of medical treatment.
(4) "Trial preparation record" means any record that contains information that is specifically compiled in reasonable anticipation of, or in defense of, a civil or criminal action or proceeding, including the independent thought processes and personal trial preparation of an attorney.
(5) "Intellectual property record" means a record, other than a financial or administrative record, that is produced or collected by or for faculty or staff of a state institution of higher learning in the conduct of or as a result of study or research on an educational, commercial, scientific, artistic, technical, or scholarly issue, regardless of whether the study or research was sponsored by the institution alone or in conjunction with a governmental body or private concern, and that has not been publicly released, published, or patented.
(6) "Donor profile record" means all records about donors or potential donors to a public institution of higher education except the names and reported addresses of the actual donors and the date, amount, and conditions of the actual donation.
(7) "Designated public service worker" means a peace officer, parole officer, probation officer, bailiff, prosecuting attorney, assistant prosecuting attorney, correctional employee, county or multicounty corrections officer, community-based correctional facility employee, designated Ohio national guard member, protective services worker, youth services employee, firefighter, EMT, medical director or member of a cooperating physician advisory board of an emergency medical service organization, state board of pharmacy employee, investigator of the bureau of criminal identification and investigation, emergency service telecommunicator, forensic mental health provider, mental health evaluation provider, regional psychiatric hospital employee, judge, magistrate, or federal law enforcement officer.
(8) "Designated public service worker residential and familial information" means any information that discloses any of the following about a designated public service worker:
(a) The address of the actual personal residence of a designated public service worker, except for the following information:
(i) The address of the actual personal residence of a prosecuting attorney or judge; and
(ii) The state or political subdivision in which a designated public service worker resides.
(b) Information compiled from referral to or participation in an employee assistance program;
(c) The social security number, the residential telephone number, any bank account, debit card, charge card, or credit card number, or the emergency telephone number of, or any medical information pertaining to, a designated public service worker;
(d) The name of any beneficiary of employment benefits, including, but not limited to, life insurance benefits, provided to a designated public service worker by the designated public service worker's employer;
(e) The identity and amount of any charitable or employment benefit deduction made by the designated public service worker's employer from the designated public service worker's compensation, unless the amount of the deduction is required by state or federal law;
(f) The name, the residential address, the name of the employer, the address of the employer, the social security number, the residential telephone number, any bank account, debit card, charge card, or credit card number, or the emergency telephone number of the spouse, a former spouse, or any child of a designated public service worker;
(g) A photograph of a peace officer who holds a position or has an assignment that may include undercover or plain clothes positions or assignments as determined by the peace officer's appointing authority.
(9) As used in divisions (A)(7) and (15) to (17) of this section:
"Peace officer" has the meaning defined in section 109.71 of the Revised Code and also includes the superintendent and troopers of the state highway patrol; it does not include the sheriff of a county or a supervisory employee who, in the absence of the sheriff, is authorized to stand in for, exercise the authority of, and perform the duties of the sheriff.
"Correctional employee" means any employee of the department of rehabilitation and correction who in the course of performing the employee's job duties has or has had contact with inmates and persons under supervision.
"County or multicounty corrections officer" means any corrections officer employed by any county or multicounty correctional facility.
"Designated Ohio national guard member" means a member of the Ohio national guard who is participating in duties related to remotely piloted aircraft, including, but not limited to, pilots, sensor operators, and mission intelligence personnel, duties related to special forces operations, or duties related to cybersecurity, and is designated by the adjutant general as a designated public service worker for those purposes.
"Protective services worker" means any employee of a county agency who is responsible for child protective services, child support services, or adult protective services.
"Youth services employee" means any employee of the department of youth services who in the course of performing the employee's job duties has or has had contact with children committed to the custody of the department of youth services.
"Firefighter" means any regular, paid or volunteer, member of a lawfully constituted fire department of a municipal corporation, township, fire district, or village.
"EMT" means EMTs-basic, EMTs-I, and paramedics that provide emergency medical services for a public emergency medical service organization. "Emergency medical service organization," "EMT-basic," "EMT-I," and "paramedic" have the meanings defined in section 4765.01 of the Revised Code.
"Investigator of the bureau of criminal identification and investigation" has the meaning defined in section 2903.11 of the Revised Code.
"Emergency service telecommunicator" has the meaning defined in section 4742.01 of the Revised Code.
"Forensic mental health provider" means any employee of a community mental health service provider or local alcohol, drug addiction, and mental health services board who, in the course of the employee's duties, has contact with persons committed to a local alcohol, drug addiction, and mental health services board by a court order pursuant to section 2945.38, 2945.39, 2945.40, or 2945.402 of the Revised Code.
"Mental health evaluation provider" means an individual who, under Chapter 5122. of the Revised Code, examines a respondent who is alleged to be a mentally ill person subject to court order, as defined in section 5122.01 of the Revised Code, and reports to the probate court the respondent's mental condition.
"Regional psychiatric hospital employee" means any employee of the department of mental health and addiction services who, in the course of performing the employee's duties, has contact with patients committed to the department of mental health and addiction services by a court order pursuant to section 2945.38, 2945.39, 2945.40, or 2945.402 of the Revised Code.
"Federal law enforcement officer" has the meaning defined in section 9.88 of the Revised Code.
(10) "Information pertaining to the recreational activities of a person under the age of eighteen" means information that is kept in the ordinary course of business by a public office, that pertains to the recreational activities of a person under the age of eighteen years, and that discloses any of the following:
(a) The address or telephone number of a person under the age of eighteen or the address or telephone number of that person's parent, guardian, custodian, or emergency contact person;
(b) The social security number, birth date, or photographic image of a person under the age of eighteen;
(c) Any medical record, history, or information pertaining to a person under the age of eighteen;
(d) Any additional information sought or required about a person under the age of eighteen for the purpose of allowing that person to participate in any recreational activity conducted or sponsored by a public office or to use or obtain admission privileges to any recreational facility owned or operated by a public office.
(11) "Community control sanction" has the meaning defined in section 2929.01 of the Revised Code.
(12) "Post-release control sanction" has the meaning defined in section 2967.01 of the Revised Code.
(13) "Redaction" means obscuring or deleting any information that is exempt from the duty to permit public inspection or copying from an item that otherwise meets the definition of a "record" in section 149.011 of the Revised Code.
(14) "Designee," "elected official," and "future official" have the meanings defined in section 109.43 of the Revised Code.
(15)
"Body-worn camera" means a visual and audio recording
device worn on the person of a correctional
employee or peace
officer while the correctional
employee or peace
officer is engaged in the performance of the
peace officer's official
duties.
(16) "Dashboard camera" means a visual and audio recording device mounted on a peace officer's vehicle or vessel that is used while the peace officer is engaged in the performance of the peace officer's duties.
(17) "Restricted portions of a body-worn camera or dashboard camera recording" means any visual or audio portion of a body-worn camera or dashboard camera recording that shows, communicates, or discloses any of the following:
(a) The image or identity of a child or information that could lead to the identification of a child who is a primary subject of the recording when the department of rehabilitation and correction or the law enforcement agency knows or has reason to know the person is a child based on the department's or law enforcement agency's records or the content of the recording;
(b) The death of a person or a deceased person's body, unless the death was caused by a correctional employee or peace officer or, subject to division (H)(1) of this section, the consent of the decedent's executor or administrator has been obtained;
(c) The death of a correctional employee, peace officer, firefighter, paramedic, or other first responder, occurring while the decedent was engaged in the performance of official duties, unless, subject to division (H)(1) of this section, the consent of the decedent's executor or administrator has been obtained;
(d) Grievous bodily harm, unless the injury was effected by a correctional employee or peace officer or, subject to division (H)(1) of this section, the consent of the injured person or the injured person's guardian has been obtained;
(e) An act of severe violence against a person that results in serious physical harm to the person, unless the act and injury was effected by a correctional employee or peace officer or, subject to division (H)(1) of this section, the consent of the injured person or the injured person's guardian has been obtained;
(f) Grievous bodily harm to a correctional employee, peace officer, firefighter, paramedic, or other first responder, occurring while the injured person was engaged in the performance of official duties, unless, subject to division (H)(1) of this section, the consent of the injured person or the injured person's guardian has been obtained;
(g) An act of severe violence resulting in serious physical harm against a correctional employee, peace officer, firefighter, paramedic, or other first responder, occurring while the injured person was engaged in the performance of official duties, unless, subject to division (H)(1) of this section, the consent of the injured person or the injured person's guardian has been obtained;
(h) A person's nude body, unless, subject to division (H)(1) of this section, the person's consent has been obtained;
(i) Protected health information, the identity of a person in a health care facility who is not the subject of a law enforcement encounter, or any other information in a health care facility that could identify a person who is not the subject of a law enforcement encounter;
(j) Information that could identify the alleged victim of a sex offense, menacing by stalking, or domestic violence;
(k) Information, that does not constitute a confidential law enforcement investigatory record, that could identify a person who provides sensitive or confidential information to a correctional employee or a law enforcement agency when the disclosure of the person's identity or the information provided could reasonably be expected to threaten or endanger the safety or property of the person or another person;
(l) Personal information of a person who is not arrested, cited, charged, or issued a written warning by a peace officer;
(m) Proprietary police contingency plans or tactics that are intended to prevent crime and maintain public order and safety;
(n) A personal conversation unrelated to work between peace officers or between a peace officer and an employee of a law enforcement agency;
(o) A conversation between a peace officer and a member of the public that does not concern law enforcement activities;
(p) The interior of a residence, unless the interior of a residence is the location of an adversarial encounter with, or a use of force by, a peace officer;
(q) Any portion of the interior of a private business that is not open to the public, unless an adversarial encounter with, or a use of force by, a peace officer occurs in that location.
As used in division (A)(17) of this section:
"Grievous bodily harm" has the same meaning as in section 5924.120 of the Revised Code.
"Health care facility" has the same meaning as in section 1337.11 of the Revised Code.
"Protected health information" has the same meaning as in 45 C.F.R. 160.103.
"Law enforcement agency" has the same meaning as in section 2925.61 of the Revised Code.
"Personal information" means any government-issued identification number, date of birth, address, financial information, or criminal justice information from the law enforcement automated data system or similar databases.
"Sex
offense" has
the same meaning as in section means
a violation of any provisions of sections 2907.011 to 2907.10
of the Revised Code.
"Firefighter," "paramedic," and "first responder" have the same meanings as in section 4765.01 of the Revised Code.
(B)(1) Upon request by any person and subject to division (B)(8) of this section, all public records responsive to the request shall be promptly prepared and made available for inspection to the requester at all reasonable times during regular business hours. Subject to division (B)(8) of this section, upon request by any person, a public office or person responsible for public records shall make copies of the requested public record available to the requester at cost and within a reasonable period of time. If a public record contains information that is exempt from the duty to permit public inspection or to copy the public record, the public office or the person responsible for the public record shall make available all of the information within the public record that is not exempt. When making that public record available for public inspection or copying that public record, the public office or the person responsible for the public record shall notify the requester of any redaction or make the redaction plainly visible. A redaction shall be deemed a denial of a request to inspect or copy the redacted information, except if federal or state law authorizes or requires a public office to make the redaction.
(2) To facilitate broader access to public records, a public office or the person responsible for public records shall organize and maintain public records in a manner that they can be made available for inspection or copying in accordance with division (B) of this section. A public office also shall have available a copy of its current records retention schedule at a location readily available to the public. If a requester makes an ambiguous or overly broad request or has difficulty in making a request for copies or inspection of public records under this section such that the public office or the person responsible for the requested public record cannot reasonably identify what public records are being requested, the public office or the person responsible for the requested public record may deny the request but shall provide the requester with an opportunity to revise the request by informing the requester of the manner in which records are maintained by the public office and accessed in the ordinary course of the public office's or person's duties.
(3) If a request is ultimately denied, in part or in whole, the public office or the person responsible for the requested public record shall provide the requester with an explanation, including legal authority, setting forth why the request was denied. If the initial request was provided in writing, the explanation also shall be provided to the requester in writing. The explanation shall not preclude the public office or the person responsible for the requested public record from relying upon additional reasons or legal authority in defending an action commenced under division (C) of this section.
(4) Unless specifically required or authorized by state or federal law or in accordance with division (B) of this section, no public office or person responsible for public records may limit or condition the availability of public records by requiring disclosure of the requester's identity or the intended use of the requested public record. Any requirement that the requester disclose the requester's identity or the intended use of the requested public record constitutes a denial of the request.
(5) A public office or person responsible for public records may ask a requester to make the request in writing, may ask for the requester's identity, and may inquire about the intended use of the information requested, but may do so only after disclosing to the requester that a written request is not mandatory, that the requester may decline to reveal the requester's identity or the intended use, and when a written request or disclosure of the identity or intended use would benefit the requester by enhancing the ability of the public office or person responsible for public records to identify, locate, or deliver the public records sought by the requester.
(6) If any person requests a copy of a public record in accordance with division (B) of this section, the public office or person responsible for the public record may require the requester to pay in advance the cost involved in providing the copy of the public record in accordance with the choice made by the requester under this division. The public office or the person responsible for the public record shall permit the requester to choose to have the public record duplicated upon paper, upon the same medium upon which the public office or person responsible for the public record keeps it, or upon any other medium upon which the public office or person responsible for the public record determines that it reasonably can be duplicated as an integral part of the normal operations of the public office or person responsible for the public record. When the requester makes a choice under this division, the public office or person responsible for the public record shall provide a copy of it in accordance with the choice made by the requester. Nothing in this section requires a public office or person responsible for the public record to allow the requester of a copy of the public record to make the copies of the public record.
(7)(a) Upon a request made in accordance with division (B) of this section and subject to division (B)(6) of this section, a public office or person responsible for public records shall transmit a copy of a public record to any person by United States mail or by any other means of delivery or transmission within a reasonable period of time after receiving the request for the copy. The public office or person responsible for the public record may require the person making the request to pay in advance the cost of postage if the copy is transmitted by United States mail or the cost of delivery if the copy is transmitted other than by United States mail, and to pay in advance the costs incurred for other supplies used in the mailing, delivery, or transmission.
(b) Any public office may adopt a policy and procedures that it will follow in transmitting, within a reasonable period of time after receiving a request, copies of public records by United States mail or by any other means of delivery or transmission pursuant to division (B)(7) of this section. A public office that adopts a policy and procedures under division (B)(7) of this section shall comply with them in performing its duties under that division.
(c) In any policy and procedures adopted under division (B)(7) of this section:
(i) A public office may limit the number of records requested by a person that the office will physically deliver by United States mail or by another delivery service to ten per month, unless the person certifies to the office in writing that the person does not intend to use or forward the requested records, or the information contained in them, for commercial purposes;
(ii) A public office that chooses to provide some or all of its public records on a web site that is fully accessible to and searchable by members of the public at all times, other than during acts of God outside the public office's control or maintenance, and that charges no fee to search, access, download, or otherwise receive records provided on the web site, may limit to ten per month the number of records requested by a person that the office will deliver in a digital format, unless the requested records are not provided on the web site and unless the person certifies to the office in writing that the person does not intend to use or forward the requested records, or the information contained in them, for commercial purposes.
(iii) For purposes of division (B)(7) of this section, "commercial" shall be narrowly construed and does not include reporting or gathering news, reporting or gathering information to assist citizen oversight or understanding of the operation or activities of government, or nonprofit educational research.
(8) A public office or person responsible for public records is not required to permit a person who is incarcerated pursuant to a criminal conviction or a juvenile adjudication to inspect or to obtain a copy of any public record concerning a criminal investigation or prosecution or concerning what would be a criminal investigation or prosecution if the subject of the investigation or prosecution were an adult, unless the request to inspect or to obtain a copy of the record is for the purpose of acquiring information that is subject to release as a public record under this section and the judge who imposed the sentence or made the adjudication with respect to the person, or the judge's successor in office, finds that the information sought in the public record is necessary to support what appears to be a justiciable claim of the person.
(9)(a) Upon written request made and signed by a journalist, a public office, or person responsible for public records, having custody of the records of the agency employing a specified designated public service worker shall disclose to the journalist the address of the actual personal residence of the designated public service worker and, if the designated public service worker's spouse, former spouse, or child is employed by a public office, the name and address of the employer of the designated public service worker's spouse, former spouse, or child. The request shall include the journalist's name and title and the name and address of the journalist's employer and shall state that disclosure of the information sought would be in the public interest.
(b) Division (B)(9)(a) of this section also applies to journalist requests for:
(i) Customer information maintained by a municipally owned or operated public utility, other than social security numbers and any private financial information such as credit reports, payment methods, credit card numbers, and bank account information;
(ii) Information about minors involved in a school vehicle accident as provided in division (A)(1)(gg) of this section, other than personal information as defined in section 149.45 of the Revised Code.
(c) As used in division (B)(9) of this section, "journalist" means a person engaged in, connected with, or employed by any news medium, including a newspaper, magazine, press association, news agency, or wire service, a radio or television station, or a similar medium, for the purpose of gathering, processing, transmitting, compiling, editing, or disseminating information for the general public.
(10) Upon a request made by a victim, victim's attorney, or victim's representative, as that term is used in section 2930.02 of the Revised Code, a public office or person responsible for public records shall transmit a copy of a depiction of the victim as described in division (A)(1)(ii) of this section to the victim, victim's attorney, or victim's representative.
(C)(1) If a person allegedly is aggrieved by the failure of a public office or the person responsible for public records to promptly prepare a public record and to make it available to the person for inspection in accordance with division (B) of this section or by any other failure of a public office or the person responsible for public records to comply with an obligation in accordance with division (B) of this section, the person allegedly aggrieved may do only one of the following, and not both:
(a) File a complaint with the clerk of the court of claims or the clerk of the court of common pleas under section 2743.75 of the Revised Code;
(b) Commence a mandamus action to obtain a judgment that orders the public office or the person responsible for the public record to comply with division (B) of this section, that awards court costs and reasonable attorney's fees to the person that instituted the mandamus action, and, if applicable, that includes an order fixing statutory damages under division (C)(2) of this section. The mandamus action may be commenced in the court of common pleas of the county in which division (B) of this section allegedly was not complied with, in the supreme court pursuant to its original jurisdiction under Section 2 of Article IV, Ohio Constitution, or in the court of appeals for the appellate district in which division (B) of this section allegedly was not complied with pursuant to its original jurisdiction under Section 3 of Article IV, Ohio Constitution.
(2) If a requester transmits a written request by hand delivery, electronic submission, or certified mail to inspect or receive copies of any public record in a manner that fairly describes the public record or class of public records to the public office or person responsible for the requested public records, except as otherwise provided in this section, the requester shall be entitled to recover the amount of statutory damages set forth in this division if a court determines that the public office or the person responsible for public records failed to comply with an obligation in accordance with division (B) of this section.
The amount of statutory damages shall be fixed at one hundred dollars for each business day during which the public office or person responsible for the requested public records failed to comply with an obligation in accordance with division (B) of this section, beginning with the day on which the requester files a mandamus action to recover statutory damages, up to a maximum of one thousand dollars. The award of statutory damages shall not be construed as a penalty, but as compensation for injury arising from lost use of the requested information. The existence of this injury shall be conclusively presumed. The award of statutory damages shall be in addition to all other remedies authorized by this section.
The court may reduce an award of statutory damages or not award statutory damages if the court determines both of the following:
(a) That, based on the ordinary application of statutory law and case law as it existed at the time of the conduct or threatened conduct of the public office or person responsible for the requested public records that allegedly constitutes a failure to comply with an obligation in accordance with division (B) of this section and that was the basis of the mandamus action, a well-informed public office or person responsible for the requested public records reasonably would believe that the conduct or threatened conduct of the public office or person responsible for the requested public records did not constitute a failure to comply with an obligation in accordance with division (B) of this section;
(b) That a well-informed public office or person responsible for the requested public records reasonably would believe that the conduct or threatened conduct of the public office or person responsible for the requested public records would serve the public policy that underlies the authority that is asserted as permitting that conduct or threatened conduct.
(3) In a mandamus action filed under division (C)(1) of this section, the following apply:
(a)(i) If the court orders the public office or the person responsible for the public record to comply with division (B) of this section, the court shall determine and award to the relator all court costs, which shall be construed as remedial and not punitive.
(ii) If the court makes a determination described in division (C)(3)(b)(iii) of this section, the court shall determine and award to the relator all court costs, which shall be construed as remedial and not punitive.
(b) If the court renders a judgment that orders the public office or the person responsible for the public record to comply with division (B) of this section or if the court determines any of the following, the court may award reasonable attorney's fees to the relator, subject to division (C)(4) of this section:
(i) The public office or the person responsible for the public records failed to respond affirmatively or negatively to the public records request in accordance with the time allowed under division (B) of this section.
(ii) The public office or the person responsible for the public records promised to permit the relator to inspect or receive copies of the public records requested within a specified period of time but failed to fulfill that promise within that specified period of time.
(iii) The public office or the person responsible for the public records acted in bad faith when the office or person voluntarily made the public records available to the relator for the first time after the relator commenced the mandamus action, but before the court issued any order concluding whether or not the public office or person was required to comply with division (B) of this section. No discovery may be conducted on the issue of the alleged bad faith of the public office or person responsible for the public records. This division shall not be construed as creating a presumption that the public office or the person responsible for the public records acted in bad faith when the office or person voluntarily made the public records available to the relator for the first time after the relator commenced the mandamus action, but before the court issued any order described in this division.
(c) The court shall not award attorney's fees to the relator if the court determines both of the following:
(i) That, based on the ordinary application of statutory law and case law as it existed at the time of the conduct or threatened conduct of the public office or person responsible for the requested public records that allegedly constitutes a failure to comply with an obligation in accordance with division (B) of this section and that was the basis of the mandamus action, a well-informed public office or person responsible for the requested public records reasonably would believe that the conduct or threatened conduct of the public office or person responsible for the requested public records did not constitute a failure to comply with an obligation in accordance with division (B) of this section;
(ii) That a well-informed public office or person responsible for the requested public records reasonably would believe that the conduct or threatened conduct of the public office or person responsible for the requested public records would serve the public policy that underlies the authority that is asserted as permitting that conduct or threatened conduct.
(4) All of the following apply to any award of reasonable attorney's fees awarded under division (C)(3)(b) of this section:
(a) The fees shall be construed as remedial and not punitive.
(b) The fees awarded shall not exceed the total of the reasonable attorney's fees incurred before the public record was made available to the relator and the fees described in division (C)(4)(c) of this section.
(c) Reasonable attorney's fees shall include reasonable fees incurred to produce proof of the reasonableness and amount of the fees and to otherwise litigate entitlement to the fees.
(d) The court may reduce the amount of fees awarded if the court determines that, given the factual circumstances involved with the specific public records request, an alternative means should have been pursued to more effectively and efficiently resolve the dispute that was subject to the mandamus action filed under division (C)(1) of this section.
(5) If the court does not issue a writ of mandamus under division (C) of this section and the court determines at that time that the bringing of the mandamus action was frivolous conduct as defined in division (A) of section 2323.51 of the Revised Code, the court may award to the public office all court costs, expenses, and reasonable attorney's fees, as determined by the court.
(D) Chapter 1347. of the Revised Code does not limit the provisions of this section.
(E)(1) To ensure that all employees of public offices are appropriately educated about a public office's obligations under division (B) of this section, all elected officials or their appropriate designees shall attend training approved by the attorney general as provided in section 109.43 of the Revised Code. A future official may satisfy the requirements of this division by attending the training before taking office, provided that the future official may not send a designee in the future official's place.
(2) All public offices shall adopt a public records policy in compliance with this section for responding to public records requests. In adopting a public records policy under this division, a public office may obtain guidance from the model public records policy developed and provided to the public office by the attorney general under section 109.43 of the Revised Code. Except as otherwise provided in this section, the policy may not limit the number of public records that the public office will make available to a single person, may not limit the number of public records that it will make available during a fixed period of time, and may not establish a fixed period of time before it will respond to a request for inspection or copying of public records, unless that period is less than eight hours.
The public office shall distribute the public records policy adopted by the public office under this division to the employee of the public office who is the records custodian or records manager or otherwise has custody of the records of that office. The public office shall require that employee to acknowledge receipt of the copy of the public records policy. The public office shall create a poster that describes its public records policy and shall post the poster in a conspicuous place in the public office and in all locations where the public office has branch offices. The public office may post its public records policy on the internet web site of the public office if the public office maintains an internet web site. A public office that has established a manual or handbook of its general policies and procedures for all employees of the public office shall include the public records policy of the public office in the manual or handbook.
(F)(1) The bureau of motor vehicles may adopt rules pursuant to Chapter 119. of the Revised Code to reasonably limit the number of bulk commercial special extraction requests made by a person for the same records or for updated records during a calendar year. The rules may include provisions for charges to be made for bulk commercial special extraction requests for the actual cost of the bureau, plus special extraction costs, plus ten per cent. The bureau may charge for expenses for redacting information, the release of which is prohibited by law.
(2) As used in division (F)(1) of this section:
(a) "Actual cost" means the cost of depleted supplies, records storage media costs, actual mailing and alternative delivery costs, or other transmitting costs, and any direct equipment operating and maintenance costs, including actual costs paid to private contractors for copying services.
(b) "Bulk commercial special extraction request" means a request for copies of a record for information in a format other than the format already available, or information that cannot be extracted without examination of all items in a records series, class of records, or database by a person who intends to use or forward the copies for surveys, marketing, solicitation, or resale for commercial purposes. "Bulk commercial special extraction request" does not include a request by a person who gives assurance to the bureau that the person making the request does not intend to use or forward the requested copies for surveys, marketing, solicitation, or resale for commercial purposes.
(c) "Commercial" means profit-seeking production, buying, or selling of any good, service, or other product.
(d) "Special extraction costs" means the cost of the time spent by the lowest paid employee competent to perform the task, the actual amount paid to outside private contractors employed by the bureau, or the actual cost incurred to create computer programs to make the special extraction. "Special extraction costs" include any charges paid to a public agency for computer or records services.
(3) For purposes of divisions (F)(1) and (2) of this section, "surveys, marketing, solicitation, or resale for commercial purposes" shall be narrowly construed and does not include reporting or gathering news, reporting or gathering information to assist citizen oversight or understanding of the operation or activities of government, or nonprofit educational research.
(G) A request by a defendant, counsel of a defendant, or any agent of a defendant in a criminal action that public records related to that action be made available under this section shall be considered a demand for discovery pursuant to the Criminal Rules, except to the extent that the Criminal Rules plainly indicate a contrary intent. The defendant, counsel of the defendant, or agent of the defendant making a request under this division shall serve a copy of the request on the prosecuting attorney, director of law, or other chief legal officer responsible for prosecuting the action.
(H)(1) Any portion of a body-worn camera or dashboard camera recording described in divisions (A)(17)(b) to (h) of this section may be released by consent of the subject of the recording or a representative of that person, as specified in those divisions, only if either of the following applies:
(a) The recording will not be used in connection with any probable or pending criminal proceedings;
(b) The recording has been used in connection with a criminal proceeding that was dismissed or for which a judgment has been entered pursuant to Rule 32 of the Rules of Criminal Procedure, and will not be used again in connection with any probable or pending criminal proceedings.
(2) If a public office denies a request to release a restricted portion of a body-worn camera or dashboard camera recording, as defined in division (A)(17) of this section, any person may file a mandamus action pursuant to this section or a complaint with the clerk of the court of claims pursuant to section 2743.75 of the Revised Code, requesting the court to order the release of all or portions of the recording. If the court considering the request determines that the filing articulates by clear and convincing evidence that the public interest in the recording substantially outweighs privacy interests and other interests asserted to deny release, the court shall order the public office to release the recording.
Sec.
307.93. (A)(1)
(A)
The
boards of county commissioners of two or more adjacent counties may
contract for the joint establishment of a multicounty correctional
center, and the board of county commissioners of a county or the
boards of two or more counties may contract with any municipal
corporation or municipal corporations located in that county or those
counties for the joint establishment of a municipal-county or
multicounty-municipal correctional center. The center shall augment
county and, where applicable, municipal jail programs and facilities
by providing custody and rehabilitative programs for those persons
under the charge of the sheriff of any of the contracting counties or
of the officer or officers of the contracting municipal corporation
or municipal corporations having charge of persons incarcerated in
the municipal jail, workhouse, or other correctional facility who, in
the opinion of the sentencing court, need programs of custody and
rehabilitation not available at the county or municipal jail and by
providing custody and rehabilitative programs in accordance with
division (C) of this section, if applicable. The contract may
include, but need not be limited to, provisions regarding the
acquisition, construction, maintenance, repair, termination of
operations, and administration of the center. The contract shall
prescribe the manner of funding of, and debt assumption for, the
center and the standards and procedures to be followed in the
operation of the center. Except as provided in division (G) of this
section, the contracting counties and municipal corporations shall
form a corrections commission to oversee the administration of the
center. Members of the commission shall consist of the sheriff of
each participating county, a member of the board of county
commissioners of each participating county, the chief of police of
each participating municipal corporation, and the mayor or city
manager of each participating municipal corporation. Any of the
foregoing officers may appoint a designee to serve in the officer's
place on the corrections commission.
The
standards and procedures prescribed under this division shall be
formulated and agreed to by the commission and may be amended at any
time during the life of the contract by agreement of a majority of
the voting members of the commission or by other means set forth in
the contract between the contracting counties and municipal
corporations. The standards and procedures formulated by the
commission and amendments to them shall include, but need not be
limited to, designation of the person in charge of the center,
designation of a fiscal agent, the categories of employees to be
employed at the center, the appointing authority of the center, and
the standards of treatment and security to be maintained at the
center. The person in charge of, and all persons employed to work at,
the center shall have all the powers of police officers that are
necessary for the proper performance of the duties and
work responsibilities of relating
to their positions at the
center,
provided that the corrections officers of the center may carry
firearms in the performance of those duties and responsibilities only
in accordance with division (A)(2) of this section.
(2)
The person in charge of a multicounty correctional center, or of a
municipal-county or multicounty-municipal correctional center, may
grant permission to a corrections officer of the center to carry
firearms when required in the discharge of official duties if the
corrections officer has successfully completed a basic firearm
training program that is approved by the executive director of the
Ohio peace officer training commission. A corrections officer who has
been granted permission to carry firearms in the discharge of
official duties annually shall successfully complete a firearms
requalification program in accordance with section 109.801 of the
Revised Code. A corrections officer may carry firearms under
authority of this division only while the officer is acting within
the scope of the officer's official duties.
(B)(1) Upon the establishment of a corrections commission under division (A) of this section, the judges specified in this division shall form a judicial advisory board for the purpose of making recommendations to the corrections commission on issues of bed allocation, expansion of the center that the corrections commission oversees, and other issues concerning the administration of sentences or any other matter determined to be appropriate by the board. The judges who shall form the judicial advisory board for a corrections commission are the administrative judge of the general division of the court of common pleas of each county participating in the corrections center, the presiding judge of the municipal court of each municipal corporation participating in the corrections center, and the presiding judge of each county court of each county participating in the corrections center. If the number of the foregoing members of the board is even, the county auditor or the county auditor of the most populous county if the board serves more than one county shall also be a member of the board. Any of the foregoing judges may appoint a designee to serve in the judge's place on the judicial advisory board, provided that the designee shall be a judge of the same court as the judge who makes the appointment. The judicial advisory board for a corrections commission shall meet with the corrections commission at least once each year.
(2) Each board of county commissioners that enters a contract under division (A) of this section may appoint a building commission pursuant to section 153.21 of the Revised Code. If any commissions are appointed, they shall function jointly in the construction of a multicounty or multicounty-municipal correctional center with all the powers and duties authorized by law.
(C) Prior to the acceptance for custody and rehabilitation into a center established under this section of any persons who are designated by the department of rehabilitation and correction, who plead guilty to or are convicted of a felony of the fourth or fifth degree, and who satisfy the other requirements listed in section 5120.161 of the Revised Code, the corrections commission of a center established under this section shall enter into an agreement with the department of rehabilitation and correction under section 5120.161 of the Revised Code for the custody and rehabilitation in the center of persons who are designated by the department, who plead guilty to or are convicted of a felony of the fourth or fifth degree, and who satisfy the other requirements listed in that section, in exchange for a per diem fee per person. Persons incarcerated in the center pursuant to an agreement entered into under this division shall be subject to supervision and control in the manner described in section 5120.161 of the Revised Code. This division does not affect the authority of a court to directly sentence a person who is convicted of or pleads guilty to a felony to the center in accordance with section 2929.16 of the Revised Code.
(D) Pursuant to section 2929.37 of the Revised Code, each board of county commissioners and the legislative authority of each municipal corporation that enters into a contract under division (A) of this section may require a person who was convicted of an offense, who is under the charge of the sheriff of their county or of the officer or officers of the contracting municipal corporation or municipal corporations having charge of persons incarcerated in the municipal jail, workhouse, or other correctional facility, and who is confined in the multicounty, municipal-county, or multicounty-municipal correctional center as provided in that division, to reimburse the applicable county or municipal corporation for its expenses incurred by reason of the person's confinement in the center.
(E) Notwithstanding any contrary provision in this section or section 2929.18, 2929.28, or 2929.37 of the Revised Code, the corrections commission of a center may establish a policy that complies with section 2929.38 of the Revised Code and that requires any person who is not indigent and who is confined in the multicounty, municipal-county, or multicounty-municipal correctional center to pay a reception fee, a fee for medical treatment or service requested by and provided to that person, or the fee for a random drug test assessed under division (E) of section 341.26 of the Revised Code.
(F)(1) The corrections commission of a center established under this section may establish a commissary for the center. The commissary may be established either in-house or by another arrangement. If a commissary is established, all persons incarcerated in the center shall receive commissary privileges. A person's purchases from the commissary shall be deducted from the person's account record in the center's business office. The commissary shall provide for the distribution to indigent persons incarcerated in the center of necessary hygiene articles and writing materials.
(2) If a commissary is established, the corrections commission of a center established under this section shall establish a commissary fund for the center. The management of funds in the commissary fund shall be strictly controlled in accordance with procedures adopted by the auditor of state. Commissary fund revenue over and above operating costs and reserve shall be considered profits. All profits from the commissary fund shall be used to purchase supplies and equipment for the benefit of persons incarcerated in the center and to pay salary and benefits for employees of the center, or for any other persons, who work in or are employed for the sole purpose of providing service to the commissary. The corrections commission shall adopt rules and regulations for the operation of any commissary fund it establishes.
(G) In lieu of forming a corrections commission to administer a multicounty correctional center or a municipal-county or multicounty-municipal correctional center, the boards of county commissioners and the legislative authorities of the municipal corporations contracting to establish the center may also agree to contract for the private operation and management of the center as provided in section 9.06 of the Revised Code, but only if the center houses only misdemeanant inmates. In order to enter into a contract under section 9.06 of the Revised Code, all the boards and legislative authorities establishing the center shall approve and be parties to the contract.
(H) If a person who is convicted of or pleads guilty to an offense is sentenced to a term in a multicounty correctional center or a municipal-county or multicounty-municipal correctional center or is incarcerated in the center in the manner described in division (C) of this section, or if a person who is arrested for an offense, and who has been denied bail or has had bail set and has not been released on bail is confined in a multicounty correctional center or a municipal-county or multicounty-municipal correctional center pending trial, at the time of reception and at other times the officer, officers, or other person in charge of the operation of the center determines to be appropriate, the officer, officers, or other person in charge of the operation of the center may cause the convicted or accused offender to be examined and tested for tuberculosis, HIV infection, hepatitis, including but not limited to hepatitis A, B, and C, and other contagious diseases. The officer, officers, or other person in charge of the operation of the center may cause a convicted or accused offender in the center who refuses to be tested or treated for tuberculosis, HIV infection, hepatitis, including but not limited to hepatitis A, B, and C, or another contagious disease to be tested and treated involuntarily.
(I) As used in this section, "multicounty-municipal" means more than one county and a municipal corporation, or more than one municipal corporation and a county, or more than one municipal corporation and more than one county.
Sec. 313.10. (A)(1) Except as otherwise provided in this section, the records of the coroner who has jurisdiction over the case, including, but not limited to, the detailed descriptions of the observations written during the progress of an autopsy and the conclusions drawn from those observations filed in the office of the coroner under division (A) of section 313.13 of the Revised Code, made personally by the coroner or by anyone acting under the coroner's direction or supervision, are public records. Those records, or transcripts or photostatic copies of them, certified by the coroner shall be received as evidence in any criminal or civil action or proceeding in a court in this state, as to the facts contained in those records. The coroner of the county where the death was pronounced shall be responsible for the release of all public records relating to that death.
(2) Except as otherwise provided in division (D) or (E) of this section, the following records in a coroner's office are not public records:
(a) Preliminary autopsy and investigative notes and findings made by the coroner or by anyone acting under the coroner's direction or supervision;
(b) Photographs of a decedent made by the coroner or by anyone acting under the coroner's direction or supervision;
(c) Suicide notes;
(d) Medical and psychiatric records provided to the coroner, a deputy coroner, or a representative of the coroner or a deputy coroner under section 313.091 of the Revised Code;
(e) Records of a deceased individual that are confidential law enforcement investigatory records as defined in section 149.43 of the Revised Code;
(f) Laboratory reports generated from the analysis of physical evidence by the coroner's laboratory that is discoverable under Criminal Rule 16.
(3) In the coroner's discretion, photographs of a decedent may be used for medical, legal, or educational purposes.
(B) All records in the coroner's office that are public records are open to inspection by the public, and any person may receive a copy of any such record or part of it upon demand in writing, accompanied by payment of a record retrieval and copying fee, at the rate of twenty-five cents per page or a minimum fee of one dollar.
(C)(1) The coroner shall provide a copy of the full and complete records of the coroner with respect to a decedent to a person who makes a written request as the next of kin of the decedent. The following persons may make a request pursuant to this division as the next of kin of a decedent:
(a) The surviving spouse of the decedent;
(b) If there is no surviving spouse, or if the surviving spouse has died without having made a request pursuant to this division, any child of the decedent over eighteen years of age, with each child over eighteen years of age having an independent right to make a request pursuant to this division;
(c) If there is no surviving spouse or child over eighteen years of age, or if the surviving spouse and all children over eighteen years of age have died without having made a request pursuant to this division, the parents of the decedent, with each parent having an independent right to make a request pursuant to this division;
(d) If there is no surviving spouse, child over eighteen years of age, or parents of the decedent, or if all have died without having made a request pursuant to this division, the brothers and sisters of the decedent, whether of the whole or the half blood, with each having an independent right to make a request pursuant to this division.
(2) If there is no surviving person who may make a written request as next of kin for a copy of the full and complete records of the coroner pursuant to division (C)(1) of this section, or if all next of kin of the decedent have died without having made a request pursuant to that division, the coroner shall provide a copy of the full and complete records of the coroner with respect to a decedent to the representative of the estate of the decedent who is the subject of the records upon written request made by the representative.
(D)
A journalist may submit to the coroner a written request to view
preliminary
autopsy and investigative notes and findings,
suicide
notes, or
photographs
of the decedent made by the coroner or by anyone acting under the
coroner's discretion or supervision,
or preliminary autopsy and investigative notes and findings but not
records of a deceased individual that are confidential law
enforcement investigatory records as defined in section 149.43 of the
Revised Code.
The request shall include the journalist's name and title and the
name and address of the journalist's employer and state that the
granting of the request would be in the best interest of the public.
If a journalist submits a written request to the coroner to view the
records described in this division, the coroner shall grant the
journalist's request. The journalist shall not copy the preliminary
autopsy and investigative notes and findings, suicide notes, or
photographs of the decedent.
(E)(1) An insurer may submit to the coroner a written request to obtain a copy of the full and complete records of the coroner with respect to a deceased person. The request shall include the name of the deceased person, the type of policy to which the written request relates, and the name and address of the insurer.
(2) If an insurer submits a written request to the coroner to obtain a copy of records pursuant to division (E)(1) of this section, the coroner shall grant that request.
(3) Upon the granting of a written request to obtain a copy of records by the coroner, the insurer may utilize the records for the following purposes:
(a) To investigate any first party claim or third party claim asserted under a policy of insurance issued by the insurer that arises from the death of the deceased person;
(b) To determine coverage for any first party claim or third party claim asserted under a policy of insurance issued by the insurer that arises from the death of the deceased person;
(c) To determine the insurer's liability for any first party claim or third party claim asserted under a policy of insurance issued by the insurer that arises from the death of the deceased person.
(4) Prior to the delivery of records that are the subject of a request made pursuant to division (E)(1) of this section, the coroner may require the insurer who submitted the written request for the records to provide a payment to the coroner of a record retrieval and copying fee at the rate of twenty-five cents per page or a minimum fee of one dollar.
(5) Any records produced by the coroner in response to a written request under division (E)(1) of this section shall remain in the care, custody, and control of the insurer and its employees or representatives at all times. The insurer may not release or disclose the records to any other person unless any of the following apply:
(a) The release of the records is reasonably necessary to further a purpose described in division (E)(3) of this section.
(b) A court of competent jurisdiction orders the insurer to produce the records.
(c) The insurer is required to produce the records in response to a civil or criminal subpoena.
(d) The insurer is responding to a request for the records from a law enforcement agency, the department of insurance or a department of insurance from another state, or another governmental authority.
(F) The coroner may contact the decedent's next of kin to inform the next of kin that a journalist or an insurer has submitted a written request pursuant to division (D) or (E) of this section and whether the coroner has granted the journalist's or the insurer's request.
(G) As used in this section:
(1) "Full and complete records of the coroner" includes, but is not limited to, the following:
(a) The detailed descriptions of the observations written by the coroner or by anyone acting under the coroner's direction or supervision during the progress of an autopsy and the conclusions drawn from those observations that are filed in the office of the coroner under division (A) of section 313.13 of the Revised Code;
(b) Preliminary autopsy and investigative notes and findings made by the coroner or by anyone acting under the coroner's direction or supervision;
(c) Photographs of a decedent made by the coroner or by anyone acting under the coroner's direction or supervision;
(d) Suicide notes;
(e) Medical and psychiatric records provided to the coroner, a deputy coroner, or a representative of the coroner or a deputy coroner under section 313.091 of the Revised Code;
(f) Records of a deceased individual that are confidential law enforcement investigatory records as defined in section 149.43 of the Revised Code;
(g) Laboratory reports generated from the analysis of physical evidence by the coroner's laboratory that is discoverable under Criminal Rule 16.
(2) "Insurer" has the same meaning as in section 3901.07 of the Revised Code.
(3) "Journalist" has the same meaning as in section 149.43 of the Revised Code.
Sec. 341.42. (A) As used in this section:
(1) "County correctional officer" has the same meaning as in section 341.41 of the Revised Code.
(2) "Computer," "computer network," "computer system," "computer services," "telecommunications service," and "information service" have the same meanings as in section 2913.01 of the Revised Code.
(3) "County correctional facility" means a county jail, county workhouse, minimum security jail, joint city and county workhouse, municipal-county correctional center, multicounty-municipal correctional center, municipal-county jail or workhouse, or multicounty-municipal jail or workhouse.
(B) No county correctional officer shall provide a prisoner access to or permit a prisoner to have access to the internet through the use of a computer, computer network, computer system, computer services, telecommunications service, or information service unless both of the following apply:
(1)
The prisoner is participating
in an approved educational program with direct supervision that
requires the use of the internet for training or research
purposesaccessing
the internet solely for a use or purpose approved by the managing
officer of that prisoner's county correctional facility or by the
managing officer's designee.
(2) The provision of and access to the internet is in accordance with rules promulgated by the department of rehabilitation and correction pursuant to section 5120.62 of the Revised Code.
(C)(1) No prisoner in a county correctional facility under the control of a county shall access the internet through the use of a computer, computer network, computer system, computer services, telecommunications service, or information service unless both of the following apply:
(a)
The prisoner is participating
in an approved educational program with direct supervision that
requires the use of the internet for training or research
purposesaccessing
the internet solely for a use or purpose approved by the managing
officer of that prisoner's county correctional facility or by the
managing officer's designee.
(b) The provision of and access to the internet is in accordance with rules promulgated by the department of rehabilitation and correction pursuant to section 5120.62 of the Revised Code.
(2) Whoever violates division (C)(1) of this section is guilty of improper internet access, a misdemeanor of the first degree.
Sec. 753.32. (A) As used in this section:
(1) "Municipal correctional officer" has the same meaning as in section 753.31 of the Revised Code.
(2) "Computer," "computer network," "computer system," "computer services," "telecommunications service," and "information service" have the same meanings as in section 2913.01 of the Revised Code.
(3) "Municipal correctional facility" means a municipal jail, municipal workhouse, minimum security jail, joint city and county workhouse, municipal-county correctional center, multicounty-municipal correctional center, municipal-county jail or workhouse, or multicounty-municipal jail or workhouse.
(B) No municipal correctional officer shall provide a prisoner access to or permit a prisoner to have access to the internet through the use of a computer, computer network, computer system, computer services, telecommunications service, or information service unless both of the following apply:
(1)
The prisoner is participating
in an approved educational program with direct supervision that
requires the use of the internet for training or research
purposesaccessing
the internet solely for a use or purpose approved by the managing
officer of that prisoner's municipal correctional facility or by the
managing officer's designee.
(2) The provision of and access to the internet is in accordance with rules promulgated by the department of rehabilitation and correction pursuant to section 5120.62 of the Revised Code.
(C)(1) No prisoner in a municipal correctional facility under the control of a municipal corporation shall access the internet through the use of a computer, computer network, computer system, computer services, telecommunications service, or information service unless both of the following apply:
(a)
The prisoner is participating
in an approved educational program with direct supervision that
requires the use of the internet for training or research
purposesaccessing
the internet solely for a use or purpose approved by the managing
officer of that prisoner's municipal correctional facility or by the
managing officer's designee.
(b) The provision of and access to the internet is in accordance with rules promulgated by the department of rehabilitation and correction pursuant to section 5120.62 of the Revised Code.
(2) Whoever violates division (C)(1) of this section is guilty of improper internet access, a misdemeanor of the first degree.
Sec. 2151.34. (A) As used in this section:
(1) "Court" means the juvenile division of the court of common pleas of the county in which the person to be protected by the protection order resides.
(2) "Victim advocate" means a person who provides support and assistance for a person who files a petition under this section.
(3) "Family or household member" has the same meaning as in section 3113.31 of the Revised Code.
(4) "Protection order issued by a court of another state" has the same meaning as in section 2919.27 of the Revised Code.
(5) "Petitioner" means a person who files a petition under this section and includes a person on whose behalf a petition under this section is filed.
(6) "Respondent" means a person who is under eighteen years of age and against whom a petition is filed under this section.
(7) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised Code.
(8) "Electronic monitoring" has the same meaning as in section 2929.01 of the Revised Code.
(9) "Companion animal" has the same meaning as in section 959.131 of the Revised Code.
(B) The court has jurisdiction over all proceedings under this section.
(C)(1) Any of the following persons may seek relief under this section by filing a petition with the court:
(a) Any person on behalf of that person;
(b) Any parent or adult family or household member on behalf of any other family or household member;
(c) Any person who is determined by the court in its discretion as an appropriate person to seek relief under this section on behalf of any child.
(2) The petition shall contain or state all of the following:
(a)
An allegation that the respondent engaged in a violation of section
2903.11, 2903.12, 2903.13, 2903.21, 2903.211, or
2903.22,
or
2911.211
division
(B) of section 2911.06 of
the Revised Code, committed a sexually oriented offense, or engaged
in a violation of any municipal ordinance that is substantially
equivalent to any of those offenses against the person to be
protected by the protection order, including a description of the
nature and extent of the violation;
(b) If the petitioner seeks relief in the form of electronic monitoring of the respondent, an allegation that at any time preceding the filing of the petition the respondent engaged in conduct that would cause a reasonable person to believe that the health, welfare, or safety of the person to be protected was at risk, a description of the nature and extent of that conduct, and an allegation that the respondent presents a continuing danger to the person to be protected;
(c) A request for relief under this section.
(3) The court in its discretion may determine whether or not to give notice that a petition has been filed under division (C)(1) of this section on behalf of a child to any of the following:
(a) A parent of the child if the petition was filed by any person other than a parent of the child;
(b) Any person who is determined by the court to be an appropriate person to receive notice of the filing of the petition.
(D)(1)
If a person who files a petition pursuant to this section requests an
ex parte order, the court shall hold an ex parte hearing as soon as
possible after the petition is filed, but not later than the next day
after the court is in session after the petition is filed. The court,
for good cause shown at the ex parte hearing, may enter any temporary
orders, with or without bond, that the court finds necessary for the
safety and protection of the person to be protected by the order.
Immediate and present danger to the person to be protected by the
protection order constitutes good cause for purposes of this section.
Immediate and present danger includes, but is not limited to,
situations in which the respondent has threatened the person to be
protected by the protection order with bodily harm or in which the
respondent previously has been convicted of, pleaded guilty to, or
been adjudicated a delinquent child for committing a violation of
section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, or
2903.22,
or
2911.211
division
(B) of section 2911.06 of
the Revised Code, a sexually oriented offense, or a violation of any
municipal ordinance that is substantially equivalent to any of those
offenses against the person to be protected by the protection order.
(2)(a) If the court, after an ex parte hearing, issues a protection order described in division (E) of this section, the court shall schedule a full hearing for a date that is within ten court days after the ex parte hearing. The court shall give the respondent notice of, and an opportunity to be heard at, the full hearing. The court also shall give notice of the full hearing to the parent, guardian, or legal custodian of the respondent. The court shall hold the full hearing on the date scheduled under this division unless the court grants a continuance of the hearing in accordance with this division. Under any of the following circumstances or for any of the following reasons, the court may grant a continuance of the full hearing to a reasonable time determined by the court:
(i) Prior to the date scheduled for the full hearing under this division, the respondent has not been served with the petition filed pursuant to this section and notice of the full hearing.
(ii) The parties consent to the continuance.
(iii)
The continuance is needed to allow a party
respondent
to
obtain counsel.
(iv)
The continuance is needed for other good cause.
(b) An ex parte order issued under this section does not expire because of a failure to serve notice of the full hearing upon the respondent before the date set for the full hearing under division (D)(2)(a) of this section or because the court grants a continuance under that division.
(3) If a person who files a petition pursuant to this section does not request an ex parte order, or if a person requests an ex parte order but the court does not issue an ex parte order after an ex parte hearing, the court shall proceed as in a normal civil action and grant a full hearing on the matter.
(E)(1)(a) After an ex parte or full hearing, the court may issue any protection order, with or without bond, that contains terms designed to ensure the safety and protection of the person to be protected by the protection order. The court may include within a protection order issued under this section a term requiring that the respondent not remove, damage, hide, harm, or dispose of any companion animal owned or possessed by the person to be protected by the order, and may include within the order a term authorizing the person to be protected by the order to remove a companion animal owned by the person to be protected by the order from the possession of the respondent.
(b) After a full hearing, if the court considering a petition that includes an allegation of the type described in division (C)(2)(b) of this section or the court, upon its own motion, finds upon clear and convincing evidence that the petitioner reasonably believed that the respondent's conduct at any time preceding the filing of the petition endangered the health, welfare, or safety of the person to be protected and that the respondent presents a continuing danger to the person to be protected and if division (N) of this section does not prohibit the issuance of an order that the respondent be electronically monitored, the court may order that the respondent be electronically monitored for a period of time and under the terms and conditions that the court determines are appropriate. Electronic monitoring shall be in addition to any other relief granted to the petitioner.
(2)(a) Any protection order issued pursuant to this section shall be valid until a date certain but not later than the date the respondent attains nineteen years of age.
(b) Any protection order issued pursuant to this section may be renewed in the same manner as the original order was issued.
(3) A court may not issue a protection order that requires a petitioner to do or to refrain from doing an act that the court may require a respondent to do or to refrain from doing under division (E)(1) of this section unless all of the following apply:
(a) The respondent files a separate petition for a protection order in accordance with this section.
(b) The petitioner is served with notice of the respondent's petition at least forty-eight hours before the court holds a hearing with respect to the respondent's petition, or the petitioner waives the right to receive this notice.
(c) If the petitioner has requested an ex parte order pursuant to division (D) of this section, the court does not delay any hearing required by that division beyond the time specified in that division in order to consolidate the hearing with a hearing on the petition filed by the respondent.
(d)
After a full hearing at which the respondent presents evidence in
support of the request for a protection order and the petitioner is
afforded an opportunity to defend against that evidence, the court
determines that the petitioner has committed a violation of section
2903.11, 2903.12, 2903.13, 2903.21, 2903.211, or
2903.22,
or
2911.211
division
(B) of section 2911.06 of
the Revised Code, a sexually oriented offense, or a violation of any
municipal ordinance that is substantially equivalent to any of those
offenses against the person to be protected by the protection order
issued pursuant to division (E)(3) of this section, or has violated a
protection order issued pursuant to this section or section 2903.213
of the Revised Code relative to the person to be protected by the
protection order issued pursuant to division (E)(3) of this section.
(4) No protection order issued pursuant to this section shall in any manner affect title to any real property.
(5)(a) A protection order issued under this section shall clearly state that the person to be protected by the order cannot waive or nullify by invitation or consent any requirement in the order.
(b) Division (E)(5)(a) of this section does not limit any discretion of a court to determine that a respondent alleged to have violated section 2919.27 of the Revised Code, violated a municipal ordinance substantially equivalent to that section, or committed contempt of court, which allegation is based on an alleged violation of a protection order issued under this section, did not commit the violation or was not in contempt of court.
(6) Any protection order issued pursuant to this section shall include a provision that the court will automatically seal all of the records of the proceeding in which the order is issued on the date the respondent attains the age of nineteen years unless the petitioner provides the court with evidence that the respondent has not complied with all of the terms of the protection order. The protection order shall specify the date when the respondent attains the age of nineteen years.
(F)(1) The court shall cause the delivery of a copy of any protection order that is issued under this section to the petitioner, to the respondent, and to all law enforcement agencies that have jurisdiction to enforce the order. The court shall direct that a copy of the order be delivered to the respondent and the parent, guardian, or legal custodian of the respondent on the same day that the order is entered.
(2) Upon the issuance of a protection order under this section, the court shall provide the parties to the order with the following notice orally or by form:
"NOTICE
As a result of this order, it may be unlawful for you to possess or purchase a firearm, including a rifle, pistol, or revolver, or ammunition pursuant to federal law under 18 U.S.C. 922(g)(8) for the duration of this order. If you have any questions whether this law makes it illegal for you to possess or purchase a firearm or ammunition, you should consult an attorney."
(3) All law enforcement agencies shall establish and maintain an index for the protection orders delivered to the agencies pursuant to division (F)(1) of this section. With respect to each order delivered, each agency shall note on the index the date and time that it received the order.
(4) Regardless of whether the petitioner has registered the protection order in the county in which the officer's agency has jurisdiction pursuant to division (M) of this section, any officer of a law enforcement agency shall enforce a protection order issued pursuant to this section by any court in this state in accordance with the provisions of the order, including removing the respondent from the premises, if appropriate.
(G)(1) Any proceeding under this section shall be conducted in accordance with the Rules of Civil Procedure, except that a protection order may be obtained under this section with or without bond. An order issued under this section, other than an ex parte order, that grants a protection order, or that refuses to grant a protection order, is a final, appealable order. The remedies and procedures provided in this section are in addition to, and not in lieu of, any other available civil or criminal remedies or any other available remedies under Chapter 2151. or 2152. of the Revised Code.
(2) If as provided in division (G)(1) of this section an order issued under this section, other than an ex parte order, refuses to grant a protection order, the court, on its own motion, shall order that the ex parte order issued under this section and all of the records pertaining to that ex parte order be sealed after either of the following occurs:
(a) No party has exercised the right to appeal pursuant to Rule 4 of the Rules of Appellate Procedure.
(b) All appellate rights have been exhausted.
(H) The filing of proceedings under this section does not excuse a person from filing any report or giving any notice required by section 2151.421 of the Revised Code or by any other law.
(I)
Any law enforcement agency that investigates an alleged violation of
section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, or
2903.22,
or
2911.211
division
(B) of section 2911.06 of
the Revised Code, an alleged commission of a sexually oriented
offense, or an alleged violation of a municipal ordinance that is
substantially equivalent to any of those offenses shall provide
information to the victim and the family or household members of the
victim regarding the relief available under this section.
(J)(1) Subject to division (J)(2) of this section and regardless of whether a protection order is issued or a consent agreement is approved by a court of another county or by a court of another state, no court or unit of state or local government shall charge the petitioner any fee, cost, deposit, or money in connection with the filing of a petition pursuant to this section, in connection with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a protection order, consent agreement, or witness subpoena or for obtaining a certified copy of a protection order or consent agreement.
(2) Regardless of whether a protection order is issued or a consent agreement is approved pursuant to this section, the court may assess costs against the respondent in connection with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a protection order, consent agreement, or witness subpoena or for obtaining a certified copy of a protection order or consent agreement.
(K)(1) A person who violates a protection order issued under this section is subject to the following sanctions:
(a) A delinquent child proceeding or a criminal prosecution for a violation of section 2919.27 of the Revised Code, if the violation of the protection order constitutes a violation of that section;
(b) Punishment for contempt of court.
(2) The punishment of a person for contempt of court for violation of a protection order issued under this section does not bar criminal prosecution of the person or a delinquent child proceeding concerning the person for a violation of section 2919.27 of the Revised Code. However, a person punished for contempt of court is entitled to credit for the punishment imposed upon conviction of or adjudication as a delinquent child for a violation of that section, and a person convicted of or adjudicated a delinquent child for a violation of that section shall not subsequently be punished for contempt of court arising out of the same activity.
(L) In all stages of a proceeding under this section, a petitioner may be accompanied by a victim advocate.
(M)(1) A petitioner who obtains a protection order under this section may provide notice of the issuance or approval of the order to the judicial and law enforcement officials in any county other than the county in which the order is issued by registering that order in the other county pursuant to division (M)(2) of this section and filing a copy of the registered order with a law enforcement agency in the other county in accordance with that division. A person who obtains a protection order issued by a court of another state may provide notice of the issuance of the order to the judicial and law enforcement officials in any county of this state by registering the order in that county pursuant to section 2919.272 of the Revised Code and filing a copy of the registered order with a law enforcement agency in that county.
(2) A petitioner may register a protection order issued pursuant to this section in a county other than the county in which the court that issued the order is located in the following manner:
(a) The petitioner shall obtain a certified copy of the order from the clerk of the court that issued the order and present that certified copy to the clerk of the court of common pleas or the clerk of a municipal court or county court in the county in which the order is to be registered.
(b) Upon accepting the certified copy of the order for registration, the clerk of the court of common pleas, municipal court, or county court shall place an endorsement of registration on the order and give the petitioner a copy of the order that bears that proof of registration.
(3) The clerk of each court of common pleas, municipal court, or county court shall maintain a registry of certified copies of protection orders that have been issued by courts in other counties pursuant to this section and that have been registered with the clerk.
(N) If the court orders electronic monitoring of the respondent under this section, the court shall direct the sheriff's office or any other appropriate law enforcement agency to install the electronic monitoring device and to monitor the respondent. Unless the court determines that the respondent is indigent, the court shall order the respondent to pay the cost of the installation and monitoring of the electronic monitoring device. If the court determines that the respondent is indigent and subject to the maximum amount allowable to be paid in any year from the fund and the rules promulgated by the attorney general under section 2903.214 of the Revised Code, the cost of the installation and monitoring of the electronic monitoring device may be paid out of funds from the reparations fund created pursuant to section 2743.191 of the Revised Code. The total amount paid from the reparations fund created pursuant to section 2743.191 of the Revised Code for electronic monitoring under this section and sections 2903.214 and 2919.27 of the Revised Code shall not exceed three hundred thousand dollars per year. When the total amount paid from the reparations fund in any year for electronic monitoring under those sections equals or exceeds three hundred thousand dollars, the court shall not order pursuant to this section that an indigent respondent be electronically monitored.
(O) The court, in its discretion, may determine if the respondent is entitled to court-appointed counsel in a proceeding under this section.
Sec. 2151.358. (A) The juvenile court shall expunge all records sealed under section 2151.356 of the Revised Code five years after the court issues a sealing order or upon the twenty-third birthday of the person who is the subject of the sealing order, whichever date is earlier.
(B) Notwithstanding division (A) of this section, upon application by the person who has had a record sealed under section 2151.356 of the Revised Code, the juvenile court may expunge a record sealed under section 2151.356 of the Revised Code. In making the determination whether to expunge records, all of the following apply:
(1) The court may require a person filing an application for expungement to submit any relevant documentation to support the application.
(2) The court may cause an investigation to be made to determine if the person who is the subject of the proceedings has been rehabilitated to a satisfactory degree.
(3) The court shall promptly notify the prosecuting attorney of any proceedings to expunge records.
(4)(a) The prosecuting attorney may file a response with the court within thirty days of receiving notice of the expungement proceedings.
(b) If the prosecuting attorney does not file a response with the court or if the prosecuting attorney files a response but indicates that the prosecuting attorney does not object to the expungement of the records, the court may order the records of the person that are under consideration to be expunged without conducting a hearing on the application. If the court decides in its discretion to conduct a hearing on the application, the court shall conduct the hearing within thirty days after making that decision and shall give notice, by regular mail, of the date, time, and location of the hearing to the prosecuting attorney and to the person who is the subject of the records under consideration.
(c) If the prosecuting attorney files a response with the court that indicates that the prosecuting attorney objects to the expungement of the records, the court shall conduct a hearing on the application within thirty days after the court receives the response. The court shall give notice, by regular mail, of the date, time, and location of the hearing to the prosecuting attorney and to the person who is the subject of the records under consideration.
(5) After conducting a hearing in accordance with division (B)(4) of this section or after due consideration when a hearing is not conducted, the court may order the records of the person that are the subject of the application to be expunged if it finds that the person has been rehabilitated to a satisfactory degree. In determining whether the person has been rehabilitated to a satisfactory degree, the court may consider all of the following:
(a) The age of the person;
(b) The nature of the case;
(c) The cessation or continuation of delinquent, unruly, or criminal behavior;
(d) The education and employment history of the person;
(e) Any other circumstances that may relate to the rehabilitation of the person who is the subject of the records under consideration.
(C) If the juvenile court is notified by any party in a civil action that a civil action has been filed based on a case the records for which are the subject of a sealing order, the juvenile court shall not expunge a record sealed under section 2151.356 of the Revised Code until the civil action has been resolved and is not subject to further appellate review, at which time the records shall be expunged pursuant to division (A) of this section.
(D)(1) A juvenile court that issues a protection order or approves a consent agreement under section 2151.34 or 3113.31 of the Revised Code shall automatically seal all of the records of the proceeding in which the order was issued or agreement approved on the date the person against whom the protection order was issued or the consent agreement approved attains the age of nineteen years if the court determines that the person has complied with all of the terms of the protection order or consent agreement.
(2) In a proceeding under section 2151.34 of the Revised Code, if the juvenile court does not issue any protection order under division (E) of that section, the court shall automatically seal all of the records in that proceeding. In a proceeding under section 3113.31 of the Revised Code, if the juvenile court does not issue any protection order or approve any consent agreement under division (E) of that section, the court shall automatically seal all of the records in that proceeding.
(3)(a) If a juvenile court that issues a protection order or approves a consent agreement under section 2151.34 or 3113.31 of the Revised Code determines that the person against whom the protection order was issued or the consent agreement approved has not complied with all of the terms of the protection order or consent agreement, the court shall consider sealing all of the records of the proceeding in which the order was issued or agreement approved upon the court's own motion or upon the application of a person. The court may make the motion or the person who is the subject of the records under consideration may apply for an order sealing the records of the proceeding at any time after two years after the expiration of the protection order or consent agreement.
(b) In making a determination whether to seal records pursuant to division (D)(3) of this section, all of the following apply:
(i) The court may require a person filing an application under division (D)(3) of this section to submit any relevant documentation to support the application.
(ii) The court shall promptly notify the victim or the victim's attorney of any proceedings to seal records initiated pursuant to division (D)(3) of this section.
(iii) The victim or the victim's attorney may file a response with the court within thirty days of receiving notice of the sealing proceedings.
If the victim or the victim's attorney does not file a response with the court or if the victim or the victim's attorney files a response but indicates that the victim or the victim's attorney does not object to the sealing of the records, the court may order the records of the person that are under consideration to be sealed without conducting a hearing on the motion or application. If the court decides in its discretion to conduct a hearing on the motion or application, the court shall conduct the hearing within thirty days after making that decision and shall give notice, by regular mail, of the date, time, and location of the hearing to the victim or the victim's attorney and to the person who is the subject of the records under consideration.
If the victim or the victim's attorney files a response with the court that indicates that the victim or the victim's attorney objects to the sealing of the records, the court shall conduct a hearing on the motion or application within thirty days after the court receives the response. The court shall give notice, by regular mail, of the date, time, and location of the hearing to the victim or the victim's attorney and to the person who is the subject of the records under consideration.
(iv) After conducting a hearing in accordance with division (D)(3)(b)(iii) of this section or after due consideration when a hearing is not conducted, the court may order the records of the person that are the subject of the motion or application to be sealed.
(4) Inspection of the records sealed pursuant to division (D)(1), (2), or (3) of this section may be made only by the following persons or for the following purposes:
(a) By a law enforcement officer or prosecutor, or the assistants of either, to determine whether the nature and character of the offense with which a person is to be charged would be affected by virtue of the person's previously having been convicted of a crime;
(b) By the parole or probation officer of the person who is the subject of the records, for the exclusive use of the officer in supervising the person while on parole or under a community control sanction or a post-release control sanction, and in making inquiries and written reports as requested by the court or adult parole authority;
(c) Upon application by the person who is the subject of the records, by the persons named in the application;
(d) By a law enforcement officer who was involved in the case, for use in the officer's defense of a civil action arising out of the officer's involvement in that case;
(e) By a prosecuting attorney or the prosecuting attorney's assistants, to determine a defendant's eligibility to enter a pre-trial diversion program established pursuant to section 2935.36 of the Revised Code;
(f) By any law enforcement agency or any authorized employee of a law enforcement agency or by the department of rehabilitation and correction as part of a background investigation of a person who applies for employment with the agency as a law enforcement officer or with the department as a corrections officer;
(g)
By any law enforcement agency or any authorized employee of a law
enforcement agency, for the purposes set forth in, and in the manner
provided in, division
(I) of section
2953.321
2953.34
of
the Revised Code;
(h) By the bureau of criminal identification and investigation or any authorized employee of the bureau for the purpose of providing information to a board or person pursuant to division (F) or (G) of section 109.57 of the Revised Code;
(i) By the bureau of criminal identification and investigation or any authorized employee of the bureau for the purpose of performing a criminal history records check on a person to whom a certificate as prescribed in section 109.77 of the Revised Code is to be awarded;
(j) By the bureau of criminal identification and investigation or any authorized employee of the bureau for the purpose of conducting a criminal records check of an individual pursuant to division (B) of section 109.572 of the Revised Code that was requested pursuant to any of the sections identified in division (B)(1) of that section;
(k) By the bureau of criminal identification and investigation, an authorized employee of the bureau, a sheriff, or an authorized employee of a sheriff in connection with a criminal records check described in section 311.41 of the Revised Code;
(l) By the attorney general or an authorized employee of the attorney general or a court for purposes of determining a person's classification pursuant to Chapter 2950. of the Revised Code.
When the nature and character of the offense with which a person is to be charged would be affected by the information, it may be used for the purpose of charging the person with an offense.
(E)
In addition to the methods of expungement provided for in divisions
(A) and (B) of this section, a person who has been adjudicated a
delinquent child for having committed an act that would be a
violation of section 2907.24, 2907.241, or 2907.25 of the Revised
Code if the child were an adult may apply to the adjudicating court
for the expungement of the record of adjudication if the person's
participation in the act was a result of the person having been a
victim of human trafficking. The application shall be made in the
same manner as an application for expungement under section 2953.38
2953.36
of
the Revised Code, and all of the provisions of that section shall
apply to the expungement procedure.
(F) After the records have been expunged under this section, the person who is the subject of the expunged records properly may, and the court shall, reply that no record exists with respect to the person upon any inquiry in the matter.
Sec.
2307.70. (A)
Any person who suffers injury or loss to person or property as a
result of an act committed in violation of section 2909.05,
2927.11, or 2927.12
or
division (A)(1) to (5) of section 2909.05 of
the Revised Code has a civil action against the offender and may
recover in that action full compensatory damages, including, but not
limited to, damages for emotional distress, and may recover punitive
or exemplary damages, court costs, other reasonable expenses incurred
in maintaining that action, and the reasonable attorney's fees
incurred in maintaining that action.
(B)(1)
Any person who suffers injury or loss to person or property as a
result of an act committed in violation of section 2909.05,
2927.11, or 2927.12
or
division (A)(1) to (5) of section 2909.05 of
the Revised Code by a minor child has a civil action against the
parent of the minor child and may recover in that action compensatory
damages not to exceed fifteen thousand dollars, court costs, other
reasonable expenses incurred in maintaining that action, and
reasonable attorney's fees incurred in maintaining that action. A
parent and the parent's minor child are jointly and severally liable
as specified in this division for the injury or loss to person or
property caused by the minor child's act committed in violation of
section 2909.05,
2927.11, or 2927.12
or
division (A)(1) to (5) of section 2909.05 of
the Revised Code. If a person recovers compensatory damages from a
parent of a minor child pursuant to this division, that recovery does
not preclude the person from maintaining a civil action against the
minor child pursuant to division (A) of this section.
(2) As used in division (B) of this section:
(a)
"Minor child" means a person who is under eighteen years of
age and who is not married at the time of the commission of an act in
violation of section 2909.05,
2927.11, or 2927.12
or
division (A)(1) to (5) of section 2909.05 of
the Revised Code that gives rise to a civil action under division (B)
of this section.
(b) "Parent" has the same meaning as in section 3109.09 of the Revised Code.
(C) The monetary limitation upon compensatory damages set forth in section 3109.09 or 3109.10 of the Revised Code does not apply to a civil action brought pursuant to division (A) or (B) of this section.
(D)
A civil action may be maintained under division (A) or (B) of this
section whether or not the person who committed an act in violation
of section 2909.05,
2927.11, or 2927.12
or
division (A)(1) to (5) of section 2909.05 of
the Revised Code has been charged by an indictment, information, or
complaint with a violation of any of those sections, has been
convicted of or pleaded guilty to a violation of any of those
sections, has been charged by a complaint with being a delinquent
child for committing an act that is a violation of any of those
sections, or has been adjudicated a delinquent child for having
committed an act of that nature.
(E) No record of conviction, unless obtained by confession in open court, or delinquent child adjudication shall be used as evidence in a civil action brought pursuant to division (A) or (B) of this section.
Sec. 2746.02. A court of record of this state shall tax as costs or otherwise require the payment of fees for the following services rendered, as compensation for the following persons, or as part of the sentence imposed by the court, or any other of the following fees that are applicable in a particular case:
(A) In a felony case, financial sanctions, as provided in section 2929.18 of the Revised Code;
(B) In any criminal case, the costs of prosecution, as provided in section 2947.23 of the Revised Code;
(C) In a misdemeanor case in which the offender is sentenced to a jail term, the local detention facility is covered by a policy adopted by the facility's governing authority requiring reimbursement for the costs of confinement, and the offender is presented with an itemized bill pursuant to section 2929.37 of the Revised Code for such costs, the costs of confinement, as provided in section 2929.24 of the Revised Code;
(D) In a case in which an offender is sentenced for endangering children in violation of section 2919.22 of the Revised Code, the costs of the offender's supervised community service work, as provided in section 2919.22 of the Revised Code;
(E) In a case in which a defendant is charged with any of certain sexual assault or prostitution-related offenses and is found to be suffering from a venereal disease in an infectious stage, the cost of medical treatment, as provided in section 2907.27 of the Revised Code;
(F) In a case in which a defendant is charged with harassment with a bodily substance, the cost of medical testing, as provided in section 2921.38 of the Revised Code;
(G) In a case in which a defendant is charged with violating a protection order in violation of section 2919.27 of the Revised Code or of a municipal ordinance that is substantially similar to that section, the costs of any evaluation and preceding examination of the defendant, as provided in section 2919.271 of the Revised Code;
(H) Presentence psychological or psychiatric reports, as provided in section 2947.06 of the Revised Code;
(I) In a criminal proceeding, the taking of a deposition of a person who is imprisoned in a detention facility or state correctional institution within this state or who is in the custody of the department of youth services, as provided in section 2945.47 of the Revised Code;
(J) In a case in which a person is convicted of or pleads guilty to any offense other than a parking violation or in which a child is found to be a delinquent child or a juvenile traffic offender for an act that, if committed by an adult, would be an offense other than a parking violation, additional costs and bail, if applicable, as provided in sections 2743.70 and 2949.091 of the Revised Code, but subject to waiver as provided in section 2949.092 of the Revised Code;
(K) In a case in which a person is convicted of or pleads guilty to a moving violation or in which a child is found to be a juvenile traffic offender for an act which, if committed by an adult, would be a moving violation, additional costs and bail, if applicable, as provided in sections 2949.093 and 2949.094 of the Revised Code, but subject to waiver as provided in section 2949.092 of the Revised Code;
(L) In a case in which a defendant is convicted of abandoning a junk vessel or outboard motor without notifying the appropriate law enforcement officer, the cost incurred by the state or a political subdivision in disposing of the vessel or motor, as provided in section 1547.99 of the Revised Code;
(M) The costs of electronic monitoring in the following cases:
(1) In a misdemeanor case in which the offender is convicted of any of certain prostitution-related offenses and a specification under section 2941.1421 of the Revised Code, as provided in section 2929.24 of the Revised Code;
(2) In a case in which the court issues a criminal protection order against a minor upon a petition alleging that the respondent committed any of certain assault, menacing, or trespass offenses, a sexually oriented offense, or an offense under a municipal ordinance that is substantially equivalent to any of those offenses, as provided in section 2151.34 of the Revised Code;
(3) In a case in which the court issues a protection order against an adult upon a petition alleging that the respondent committed menacing by stalking or a sexually oriented offense, as provided in section 2903.214 of the Revised Code;
(4) In a case in which an offender is convicted of violating a protection order, as provided in section 2919.27 of the Revised Code;
(5) In a case in which the offender is convicted of any sexually oriented offense and is a tier III sex offender/child-victim offender relative to that offense, as provided in section 2929.13 of the Revised Code.
(N) In a proceeding for post-conviction relief, a transcript, as provided in section 2953.21 of the Revised Code;
(O) In a proceeding for the sealing or expungement of a conviction record, the fees provided for in section 2953.32 of the Revised Code.
Sec. 2901.01. (A) As used in the Revised Code:
(1) "Force" means any violence, compulsion, or constraint physically exerted by any means upon or against a person or thing.
(2) "Deadly force" means any force that carries a substantial risk that it will proximately result in the death of any person.
(3) "Physical harm to persons" means any injury, illness, or other physiological impairment, regardless of its gravity or duration.
(4) "Physical harm to property" means any tangible or intangible damage to property that, in any degree, results in loss to its value or interferes with its use or enjoyment. "Physical harm to property" does not include wear and tear occasioned by normal use.
(5) "Serious physical harm to persons" means any of the following:
(a) Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment;
(b) Any physical harm that carries a substantial risk of death;
(c) Any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary, substantial incapacity;
(d) Any physical harm that involves some permanent disfigurement or that involves some temporary, serious disfigurement;
(e) Any physical harm that involves acute pain of such duration as to result in substantial suffering or that involves any degree of prolonged or intractable pain.
(6) "Serious physical harm to property" means any physical harm to property that does either of the following:
(a) Results in substantial loss to the value of the property or requires a substantial amount of time, effort, or money to repair or replace;
(b) Temporarily prevents the use or enjoyment of the property or substantially interferes with its use or enjoyment for an extended period of time.
(7) "Risk" means a significant possibility, as contrasted with a remote possibility, that a certain result may occur or that certain circumstances may exist.
(8) "Substantial risk" means a strong possibility, as contrasted with a remote or significant possibility, that a certain result may occur or that certain circumstances may exist.
(9) "Offense of violence" means any of the following:
(a)
A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,
2903.12, 2903.13, 2903.15, 2903.21, 2903.211, 2903.22, 2905.01,
2905.02, 2905.11, 2905.32, 2907.011,
2907.02,
2907.03, 2907.05, 2909.02, 2909.03, 2909.24, 2911.01, 2911.02,
2911.11,
2911.03,
2917.01,
2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04,
2921.34,
or 2923.161, of division (A)(1) of section 2903.34, of division
(A)(1),
or
(2),
or (3)
of
section 2911.12
2911.04,
of
division (A) or (C) of section 2917.31, or
of division (B)(1), (2), (3), or (4) of section 2919.22 of the
Revised Code,
a violation of section 2917.31 of the Revised Code as it existed
prior to the effective date of this amendment,
or
felonious sexual penetration in violation of former section 2907.12
of the Revised Code;
(b) A violation of an existing or former municipal ordinance or law of this or any other state or the United States, substantially equivalent to any section, division, or offense listed in division (A)(9)(a) of this section;
(c) An offense, other than a traffic offense, under an existing or former municipal ordinance or law of this or any other state or the United States, committed purposely or knowingly, and involving physical harm to persons or a risk of serious physical harm to persons;
(d) A conspiracy or attempt to commit, or complicity in committing, any offense under division (A)(9)(a), (b), or (c) of this section.
(10)(a) "Property" means any property, real or personal, tangible or intangible, and any interest or license in that property. "Property" includes, but is not limited to, cable television service, other telecommunications service, telecommunications devices, information service, computers, data, computer software, financial instruments associated with computers, other documents associated with computers, or copies of the documents, whether in machine or human readable form, trade secrets, trademarks, copyrights, patents, and property protected by a trademark, copyright, or patent. "Financial instruments associated with computers" include, but are not limited to, checks, drafts, warrants, money orders, notes of indebtedness, certificates of deposit, letters of credit, bills of credit or debit cards, financial transaction authorization mechanisms, marketable securities, or any computer system representations of any of them.
(b) As used in division (A)(10) of this section, "trade secret" has the same meaning as in section 1333.61 of the Revised Code, and "telecommunications service" and "information service" have the same meanings as in section 2913.01 of the Revised Code.
(c) As used in divisions (A)(10) and (13) of this section, "cable television service," "computer," "computer software," "computer system," "computer network," "data," and "telecommunications device" have the same meanings as in section 2913.01 of the Revised Code.
(11) "Law enforcement officer" means any of the following:
(a) A sheriff, deputy sheriff, constable, police officer of a township or joint police district, marshal, deputy marshal, municipal police officer, member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code, or state highway patrol trooper;
(b) An officer, agent, or employee of the state or any of its agencies, instrumentalities, or political subdivisions, upon whom, by statute, a duty to conserve the peace or to enforce all or certain laws is imposed and the authority to arrest violators is conferred, within the limits of that statutory duty and authority;
(c) A mayor, in the mayor's capacity as chief conservator of the peace within the mayor's municipal corporation;
(d) A member of an auxiliary police force organized by county, township, or municipal law enforcement authorities, within the scope of the member's appointment or commission;
(e) A person lawfully called pursuant to section 311.07 of the Revised Code to aid a sheriff in keeping the peace, for the purposes and during the time when the person is called;
(f)
A person appointed by a mayor pursuant to section 737.01
737.10
of
the Revised Code as a special patrolling officer during riot or
emergency, for the purposes and during the time when the person is
appointed;
(g) A member of the organized militia of this state or the armed forces of the United States, lawfully called to duty to aid civil authorities in keeping the peace or protect against domestic violence;
(h) A prosecuting attorney, assistant prosecuting attorney, secret service officer, or municipal prosecutor;
(i) A veterans' home police officer appointed under section 5907.02 of the Revised Code;
(j) A member of a police force employed by a regional transit authority under division (Y) of section 306.35 of the Revised Code;
(k) A special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code;
(l) The house of representatives sergeant at arms if the house of representatives sergeant at arms has arrest authority pursuant to division (E)(1) of section 101.311 of the Revised Code and an assistant house of representatives sergeant at arms;
(m) The senate sergeant at arms and an assistant senate sergeant at arms;
(n) A special police officer employed by a municipal corporation at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in section 119.3 of Title 14 of the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and that is required to be under a security program and is governed by aviation security rules of the transportation security administration of the United States department of transportation as provided in Parts 1542. and 1544. of Title 49 of the Code of Federal Regulations, as amended.
(12) "Privilege" means an immunity, license, or right conferred by law, bestowed by express or implied grant, arising out of status, position, office, or relationship, or growing out of necessity.
(13) "Contraband" means any property that is illegal for a person to acquire or possess under a statute, ordinance, or rule, or that a trier of fact lawfully determines to be illegal to possess by reason of the property's involvement in an offense. "Contraband" includes, but is not limited to, all of the following:
(a) Any controlled substance, as defined in section 3719.01 of the Revised Code, or any device or paraphernalia;
(b) Any unlawful gambling device or paraphernalia;
(c) Any dangerous ordnance or obscene material.
(14) A person is "not guilty by reason of insanity" relative to a charge of an offense only if the person proves, in the manner specified in section 2901.05 of the Revised Code, that at the time of the commission of the offense, the person did not know, as a result of a severe mental disease or defect, the wrongfulness of the person's acts.
(B)(1)(a) Subject to division (B)(2) of this section, as used in any section contained in Title XXIX of the Revised Code that sets forth a criminal offense, "person" includes all of the following:
(i) An individual, corporation, business trust, estate, trust, partnership, and association;
(ii) An unborn human who is viable.
(b) As used in any section contained in Title XXIX of the Revised Code that does not set forth a criminal offense, "person" includes an individual, corporation, business trust, estate, trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section:
(i) "Unborn human" means an individual organism of the species Homo sapiens from fertilization until live birth.
(ii) "Viable" means the stage of development of a human fetus at which there is a realistic possibility of maintaining and nourishing of a life outside the womb with or without temporary artificial life-sustaining support.
(2) Notwithstanding division (B)(1)(a) of this section, in no case shall the portion of the definition of the term "person" that is set forth in division (B)(1)(a)(ii) of this section be applied or construed in any section contained in Title XXIX of the Revised Code that sets forth a criminal offense in any of the following manners:
(a) Except as otherwise provided in division (B)(2)(a) of this section, in a manner so that the offense prohibits or is construed as prohibiting any pregnant woman or her physician from performing an abortion with the consent of the pregnant woman, with the consent of the pregnant woman implied by law in a medical emergency, or with the approval of one otherwise authorized by law to consent to medical treatment on behalf of the pregnant woman. An abortion that violates the conditions described in the immediately preceding sentence may be punished as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable. An abortion that does not violate the conditions described in the second immediately preceding sentence, but that does violate section 2919.12, division (B) of section 2919.13, or section 2919.15, 2919.151, 2919.17, or 2919.18 of the Revised Code, may be punished as a violation of section 2919.12, division (B) of section 2919.13, or section 2919.15, 2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable. Consent is sufficient under this division if it is of the type otherwise adequate to permit medical treatment to the pregnant woman, even if it does not comply with section 2919.12 of the Revised Code.
(b) In a manner so that the offense is applied or is construed as applying to a woman based on an act or omission of the woman that occurs while she is or was pregnant and that results in any of the following:
(i) Her delivery of a stillborn baby;
(ii) Her causing, in any other manner, the death in utero of a viable, unborn human that she is carrying;
(iii) Her causing the death of her child who is born alive but who dies from one or more injuries that are sustained while the child is a viable, unborn human;
(iv) Her causing her child who is born alive to sustain one or more injuries while the child is a viable, unborn human;
(v) Her causing, threatening to cause, or attempting to cause, in any other manner, an injury, illness, or other physiological impairment, regardless of its duration or gravity, or a mental illness or condition, regardless of its duration or gravity, to a viable, unborn human that she is carrying.
(C) As used in Title XXIX of the Revised Code:
(1) "School safety zone" consists of a school, school building, school premises, school activity, and school bus.
(2) "School," "school building," and "school premises" have the same meanings as in section 2925.01 of the Revised Code.
(3) "School activity" means any activity held under the auspices of a board of education of a city, local, exempted village, joint vocational, or cooperative education school district; a governing authority of a community school established under Chapter 3314. of the Revised Code; a governing board of an educational service center, or the governing body of a school for which the state board of education prescribes minimum standards under section 3301.07 of the Revised Code.
(4) "School bus" has the same meaning as in section 4511.01 of the Revised Code.
(5) "Prior calculation and design" means more than mere purpose. It is the process of an actor's advance reasoning to formulate the purpose to cause the death of another or the unlawful termination of another's pregnancy. No particular amount of time or consideration to act must be given, but sufficient time must elapse for the planning of the death of another or the unlawful termination of another's pregnancy. Acting on the spur of the moment or after momentary consideration is not sufficient. The surrounding circumstances must show a calculated plan to cause the death of another or the unlawful termination of another's pregnancy and a studied consideration of the method and the means or instrument with which to do so.
Sec.
2901.05. (A)(A)(1)
Every
person accused of an offense is presumed innocent until proven guilty
beyond a reasonable doubt, and the burden of proof for all elements
of the offense is upon
on
the
prosecution. The burden of going forward with the evidence of an
affirmative defense, and the burden of proof, by a preponderance of
the evidence, for an affirmative defense other than self-defense,
defense of another, or defense of the accused's residence presented
as described in division (B)(1) of this section, is upon
on
the
accused.
(2) If a section of the Revised Code or a division of a section of the Revised Code "does not apply" to a person or class of persons, the prosecution has the burden of proving, beyond a reasonable doubt, that the section or division applies to the person or class of persons.
(B)(1) A person is allowed to act in self-defense, defense of another, or defense of that person's residence. If, at the trial of a person who is accused of an offense that involved the person's use of force against another, there is evidence presented that tends to support that the accused person used the force in self-defense, defense of another, or defense of that person's residence, the prosecution must prove beyond a reasonable doubt that the accused person did not use the force in self-defense, defense of another, or defense of that person's residence, as the case may be.
(2) Subject to division (B)(3) of this section, a person is presumed to have acted in self-defense or defense of another when using defensive force that is intended or likely to cause death or great bodily harm to another if the person against whom the defensive force is used is in the process of unlawfully and without privilege to do so entering, or has unlawfully and without privilege to do so entered, the residence or vehicle occupied by the person using the defensive force.
(3) The presumption set forth in division (B)(2) of this section does not apply if either of the following is true:
(a) The person against whom the defensive force is used has a right to be in, or is a lawful resident of, the residence or vehicle.
(b) The person who uses the defensive force uses it while in a residence or vehicle and the person is unlawfully, and without privilege to be, in that residence or vehicle.
(4) The presumption set forth in division (B)(2) of this section is a rebuttable presumption and may be rebutted by a preponderance of the evidence, provided that the prosecution's burden of proof remains proof beyond a reasonable doubt as described in divisions (A) and (B)(1) of this section.
(C) As part of its charge to the jury in a criminal case, the court shall read the definitions of "reasonable doubt" and "proof beyond a reasonable doubt," contained in division (E) of this section.
(D) As used in this section:
(1)(1)(a)
An
"affirmative defense" is either of the following:
(a)(i)
A
defense expressly designated as an
affirmative
defense,
for which the accused can fairly be required to adduce supporting
evidence;
(b)(ii)
A
common
law defense
involving
recognized
by the courts of this state that involves an
excuse or justification peculiarly within the knowledge of the
accused, on which the accused can fairly be required to adduce
supporting evidence.
(b) Any statutory designation that a section of the Revised Code or a division of a section of the Revised Code "does not apply" to a person or class of persons is not an affirmative defense and precludes criminal liability for that person or class of persons unless the state proves, beyond a reasonable doubt, that the section or division applies to the designated person or class of persons.
(2) "Dwelling" means a building or conveyance of any kind that has a roof over it and that is designed to be occupied by people lodging in the building or conveyance at night, regardless of whether the building or conveyance is temporary or permanent or is mobile or immobile. As used in this division, a building or conveyance includes, but is not limited to, an attached porch, and a building or conveyance with a roof over it includes, but is not limited to, a tent.
(3) "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as a guest.
(4) "Vehicle" means a conveyance of any kind, whether or not motorized, that is designed to transport people or property.
(E) "Reasonable doubt" is present when the jurors, after they have carefully considered and compared all the evidence, cannot say they are firmly convinced of the truth of the charge. It is a doubt based on reason and common sense. Reasonable doubt is not mere possible doubt, because everything relating to human affairs or depending on moral evidence is open to some possible or imaginary doubt. "Proof beyond a reasonable doubt" is proof of such character that an ordinary person would be willing to rely and act upon it in the most important of the person's own affairs.
Sec.
2901.08. (A)
If a person is alleged to have committed an offense and if the person
previously has been adjudicated a delinquent child or juvenile
traffic offender for a violation of a law or ordinance, except as
provided in division (B) of this section, the adjudication as a
delinquent child or as a juvenile traffic offender is a conviction
for a violation of the law or ordinance (A)(1)
Except as provided in division (A)(2) of this section, a prior
juvenile delinquency adjudication is not a finding of guilt of a
criminal offense and shall not be used for
purposes
the
purpose of
determining the offense with which the person should be charged in
a criminal court and,
if the person is convicted of or pleads guilty to an offense, for
the purpose of enhancing or elevating the
sentence to be imposed upon
on
the
person relative to the conviction or guilty plea.
(2) A prior juvenile delinquency adjudication may be used as a prior finding that the person committed the violation in question in any subsequent juvenile delinquency proceeding or considered as a sentencing factor as provided in division (D) or (E) of section 2929.12 or division (B) of section 2929.22 of the Revised Code.
(B)
A previous
adjudication of a person as a delinquent child or juvenile traffic
offender for a violation of a law or ordinance prior
juvenile delinquency adjudication is
not a conviction for a violation of the law or ordinance for purposes
of determining any of the following:
(1) Whether the person is a repeat violent offender, as defined in section 2929.01 of the Revised Code, or whether the person should be sentenced as a repeat violent offender under division (B)(2) of section 2929.14 and section 2941.149 of the Revised Code;
(2) Whether the person is a violent career criminal as defined in section 2923.132 of the Revised Code, whether the person has committed unlawful use of a weapon by a violent career criminal in violation of section 2923.132 of the Revised Code or should be sentenced for that offense under that section, or whether the person should be sentenced under division (K) of section 2929.14 of the Revised Code as a violent career criminal who had a firearm on or about the person's person or under the person's control while committing a violent felony offense and displayed or brandished the firearm, indicated that the offender possessed a firearm, or used the firearm to facilitate the offense.
(C) As used in this section, "prior juvenile delinquency adjudication" means a previous adjudication of a person as a delinquent child or a juvenile traffic offender for a violation of a law or ordinance.
Sec. 2903.06. (A) No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or aircraft, shall cause the death of another or the unlawful termination of another's pregnancy in any of the following ways:
(1)(a) As the proximate result of committing a violation of division (A) of section 4511.19 of the Revised Code or of a substantially equivalent municipal ordinance;
(b) As the proximate result of committing a violation of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance;
(c) As the proximate result of committing a violation of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance.
(2) In one of the following ways:
(a) Recklessly;
(b) As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a reckless operation offense, provided that this division applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender's commission of the reckless operation offense in the construction zone and does not apply as described in division (F) of this section.
(3) In one of the following ways:
(a) Negligently;
(b) As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a speeding offense, provided that this division applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender's commission of the speeding offense in the construction zone and does not apply as described in division (F) of this section.
(4) As the proximate result of committing a violation of any provision of any section contained in Title XLV of the Revised Code that is a minor misdemeanor or of a municipal ordinance that, regardless of the penalty set by ordinance for the violation, is substantially equivalent to any provision of any section contained in Title XLV of the Revised Code that is a minor misdemeanor.
(B)(1) Whoever violates division (A)(1) or (2) of this section is guilty of aggravated vehicular homicide and shall be punished as provided in divisions (B)(2) and (3) of this section.
(2)(a) Except as otherwise provided in division (B)(2)(b) or (c) of this section, aggravated vehicular homicide committed in violation of division (A)(1) of this section is a felony of the second degree and the court shall impose a mandatory prison term on the offender as described in division (E) of this section.
(b) Except as otherwise provided in division (B)(2)(c) of this section, aggravated vehicular homicide committed in violation of division (A)(1) of this section is a felony of the first degree, and the court shall impose a mandatory prison term on the offender as described in division (E) of this section, if any of the following apply:
(i) At the time of the offense, the offender was driving under a suspension or cancellation imposed under Chapter 4510. or any other provision of the Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender's driver's license or commercial driver's license without examination under section 4507.10 of the Revised Code.
(ii) The offender previously has been convicted of or pleaded guilty to a violation of this section.
(iii) The offender previously has been convicted of or pleaded guilty to any traffic-related homicide, manslaughter, or assault offense.
(c) Aggravated vehicular homicide committed in violation of division (A)(1) of this section is a felony of the first degree, and the court shall sentence the offender to a mandatory prison term as provided in section 2929.142 of the Revised Code and described in division (E) of this section if any of the following apply:
(i) The offender previously has been convicted of or pleaded guilty to three or more prior violations of section 4511.19 of the Revised Code or of a substantially equivalent municipal ordinance within the previous ten years.
(ii) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance within the previous ten years.
(iii) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance within the previous ten years.
(iv) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(1) of this section within the previous ten years.
(v) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(1) of section 2903.08 of the Revised Code within the previous ten years.
(vi) The offender previously has been convicted of or pleaded guilty to three or more prior violations of section 2903.04 of the Revised Code within the previous ten years in circumstances in which division (D) of that section applied regarding the violations.
(vii) The offender previously has been convicted of or pleaded guilty to three or more violations of any combination of the offenses listed in division (B)(2)(c)(i), (ii), (iii), (iv), (v), or (vi) of this section within the previous ten years.
(viii) The offender previously has been convicted of or pleaded guilty to a second or subsequent felony violation of division (A) of section 4511.19 of the Revised Code.
(d)
In addition to any other sanctions imposed pursuant to division
(B)(2)(a), (b), or (c) of this section for aggravated vehicular
homicide committed in violation of division (A)(1) of this section,
the court shall
may
impose
upon the offender a class one suspension of the offender's driver's
license, commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege as specified
in division (A)(1) of section 4510.02 of the Revised Code.
Divisions (A)(1) to (3) of section 4510.54 of the Revised Code apply to a suspension imposed under division (B)(2)(d) of this section.
(3) Except as otherwise provided in this division, aggravated vehicular homicide committed in violation of division (A)(2) of this section is a felony of the third degree. Aggravated vehicular homicide committed in violation of division (A)(2) of this section is a felony of the second degree if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under Chapter 4510. or any other provision of the Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender's driver's license or commercial driver's license without examination under section 4507.10 of the Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense. The court shall impose a mandatory prison term on the offender when required by division (E) of this section.
In
addition to any other sanctions imposed pursuant to this division for
a violation of division (A)(2) of this section, the court shall
may
impose
upon the offender a class two suspension of the offender's driver's
license, commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(2) of section 4510.02 of the Revised
Code or, if the offender previously has been convicted of or pleaded
guilty to a traffic-related murder, felonious assault, or attempted
murder offense, a class one suspension of the offender's driver's
license, commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege as specified
in division (A)(1) of that section.
(C) Whoever violates division (A)(3) of this section is guilty of vehicular homicide. Except as otherwise provided in this division, vehicular homicide is a misdemeanor of the first degree. Vehicular homicide committed in violation of division (A)(3) of this section is a felony of the fourth degree if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under Chapter 4510. or any other provision of the Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender's driver's license or commercial driver's license without examination under section 4507.10 of the Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense. The court shall impose a mandatory jail term or a mandatory prison term on the offender when required by division (E) of this section.
In
addition to any other sanctions imposed pursuant to this division,
the court shall
may
impose
upon the offender a class four suspension of the offender's driver's
license, commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(4) of section 4510.02 of the Revised
Code, or, if the offender previously has been convicted of or pleaded
guilty to a violation of this section or any traffic-related
homicide, manslaughter, or assault offense, a class three suspension
of the offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege from the range specified in division (A)(3) of
that section, or, if the offender previously has been convicted of or
pleaded guilty to a traffic-related murder, felonious assault, or
attempted murder offense, a class two suspension of the offender's
driver's license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege as
specified in division (A)(2) of that section.
(D) Whoever violates division (A)(4) of this section is guilty of vehicular manslaughter. Except as otherwise provided in this division, vehicular manslaughter is a misdemeanor of the second degree. Vehicular manslaughter is a misdemeanor of the first degree if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under Chapter 4510. or any other provision of the Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender's driver's license or commercial driver's license without examination under section 4507.10 of the Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense.
In
addition to any other sanctions imposed pursuant to this division,
the court shall
may
impose
upon the offender a class six suspension of the offender's driver's
license, commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(6) of section 4510.02 of the Revised
Code or, if the offender previously has been convicted of or pleaded
guilty to a violation of this section, any traffic-related homicide,
manslaughter, or assault offense, or a traffic-related murder,
felonious assault, or attempted murder offense, a class four
suspension of the offender's driver's license, commercial driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege from the range specified in division
(A)(4) of that section.
(E)(1)
The court shall impose a mandatory prison term on an offender who is
convicted of or pleads guilty to a violation of division (A)(1) of
this section. Except as otherwise provided in this division, the
mandatory prison term shall be a definite term from the range of
prison terms provided in division (A)(1)(b) of section 2929.14 of the
Revised Code for a felony of the first degree or from division
(A)(2)(b) of that section for a felony of the second degree,
whichever is applicable, except that if the violation is committed on
or after
the
effective date of this amendment
March
22, 2019,
the court shall impose as the minimum prison term for the offense a
mandatory prison term that is one of the minimum terms prescribed for
a felony of the first degree in division (A)(1)(a) of section 2929.14
of the Revised Code or one of the terms prescribed for a felony of
the second degree in division (A)(2)(a) of that section, whichever is
applicable. If division (B)(2)(c)(i), (ii), (iii), (iv), (v), (vi),
(vii), or (viii) of this section applies to an offender who is
convicted of or pleads guilty to the violation of division (A)(1) of
this section, the court shall impose the mandatory prison term
pursuant to division (B) of section 2929.142 of the Revised Code. The
court shall impose a mandatory jail term of at least fifteen days on
an offender who is convicted of or pleads guilty to a misdemeanor
violation of division (A)(3)(b) of this section and may impose upon
the offender a longer jail term as authorized pursuant to section
2929.24 of the Revised Code.
(2) The court shall impose a mandatory prison term on an offender who is convicted of or pleads guilty to a violation of division (A)(2) or (3)(a) of this section or a felony violation of division (A)(3)(b) of this section if either division (E)(2)(a) or (b) of this section applies. The mandatory prison term shall be a definite term from the range of prison terms provided in division (A)(3)(a) of section 2929.14 of the Revised Code for a felony of the third degree or from division (A)(4) of that section for a felony of the fourth degree, whichever is applicable. The court shall impose a mandatory prison term on an offender in a category described in this division if either of the following applies:
(a) The offender previously has been convicted of or pleaded guilty to a violation of this section or section 2903.08 of the Revised Code.
(b) At the time of the offense, the offender was driving under suspension or cancellation under Chapter 4510. or any other provision of the Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender's driver's license or commercial driver's license without examination under section 4507.10 of the Revised Code.
(F) Divisions (A)(2)(b) and (3)(b) of this section do not apply in a particular construction zone unless signs of the type described in section 2903.081 of the Revised Code are erected in that construction zone in accordance with the guidelines and design specifications established by the director of transportation under section 5501.27 of the Revised Code. The failure to erect signs of the type described in section 2903.081 of the Revised Code in a particular construction zone in accordance with those guidelines and design specifications does not limit or affect the application of division (A)(1), (A)(2)(a), (A)(3)(a), or (A)(4) of this section in that construction zone or the prosecution of any person who violates any of those divisions in that construction zone.
(G)(1) As used in this section:
(a) "Mandatory prison term" and "mandatory jail term" have the same meanings as in section 2929.01 of the Revised Code.
(b) "Traffic-related homicide, manslaughter, or assault offense" means a violation of section 2903.04 of the Revised Code in circumstances in which division (D) of that section applies, a violation of section 2903.06 or 2903.08 of the Revised Code, or a violation of section 2903.06, 2903.07, or 2903.08 of the Revised Code as they existed prior to March 23, 2000.
(c) "Construction zone" has the same meaning as in section 5501.27 of the Revised Code.
(d) "Reckless operation offense" means a violation of section 4511.20 of the Revised Code or a municipal ordinance substantially equivalent to section 4511.20 of the Revised Code.
(e) "Speeding offense" means a violation of section 4511.21 of the Revised Code or a municipal ordinance pertaining to speed.
(f) "Traffic-related murder, felonious assault, or attempted murder offense" means a violation of section 2903.01 or 2903.02 of the Revised Code in circumstances in which the offender used a motor vehicle as the means to commit the violation, a violation of division (A)(2) of section 2903.11 of the Revised Code in circumstances in which the deadly weapon used in the commission of the violation is a motor vehicle, or an attempt to commit aggravated murder or murder in violation of section 2923.02 of the Revised Code in circumstances in which the offender used a motor vehicle as the means to attempt to commit the aggravated murder or murder.
(g) "Motor vehicle" has the same meaning as in section 4501.01 of the Revised Code.
(2) For the purposes of this section, when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this state, or current or former law of another state or the United States.
Sec. 2903.08. (A) No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or aircraft, shall cause serious physical harm to another person or another's unborn in any of the following ways:
(1)(a) As the proximate result of committing a violation of division (A) of section 4511.19 of the Revised Code or of a substantially equivalent municipal ordinance;
(b) As the proximate result of committing a violation of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance;
(c) As the proximate result of committing a violation of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance.
(2) In one of the following ways:
(a) As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a reckless operation offense, provided that this division applies only if the person to whom the serious physical harm is caused or to whose unborn the serious physical harm is caused is in the construction zone at the time of the offender's commission of the reckless operation offense in the construction zone and does not apply as described in division (E) of this section;
(b) Recklessly.
(3) As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a speeding offense, provided that this division applies only if the person to whom the serious physical harm is caused or to whose unborn the serious physical harm is caused is in the construction zone at the time of the offender's commission of the speeding offense in the construction zone and does not apply as described in division (E) of this section.
(B)(1) Whoever violates division (A)(1) of this section is guilty of aggravated vehicular assault. Except as otherwise provided in this division, aggravated vehicular assault is a felony of the third degree. Aggravated vehicular assault is a felony of the second degree if any of the following apply:
(a) At the time of the offense, the offender was driving under a suspension imposed under Chapter 4510. or any other provision of the Revised Code.
(b) The offender previously has been convicted of or pleaded guilty to a violation of this section.
(c) The offender previously has been convicted of or pleaded guilty to any traffic-related homicide, manslaughter, or assault offense.
(d) The offender previously has been convicted of or pleaded guilty to three or more prior violations of section 4511.19 of the Revised Code or a substantially equivalent municipal ordinance within the previous ten years.
(e) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance within the previous ten years.
(f) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance within the previous ten years.
(g) The offender previously has been convicted of or pleaded guilty to three or more prior violations of any combination of the offenses listed in division (B)(1)(d), (e), or (f) of this section.
(h) The offender previously has been convicted of or pleaded guilty to a second or subsequent felony violation of division (A) of section 4511.19 of the Revised Code.
(2)
In addition to any other sanctions imposed pursuant to division
(B)(1) of this section, except as otherwise provided in this
division, the court shall
may
impose
upon the offender a class three suspension of the offender's driver's
license, commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(3) of section 4510.02 of the Revised
Code. If the offender previously has been convicted of or pleaded
guilty to a violation of this section, any traffic-related homicide,
manslaughter, or assault offense, or any traffic-related murder,
felonious assault, or attempted murder offense, the court shall
may
impose
either a class two suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(2) of that section or a class one
suspension as specified in division (A)(1) of that section.
(C)(1) Whoever violates division (A)(2) or (3) of this section is guilty of vehicular assault and shall be punished as provided in divisions (C)(2) and (3) of this section.
(2) Except as otherwise provided in this division, vehicular assault committed in violation of division (A)(2) of this section is a felony of the fourth degree. Vehicular assault committed in violation of division (A)(2) of this section is a felony of the third degree if, at the time of the offense, the offender was driving under a suspension imposed under Chapter 4510. or any other provision of the Revised Code, if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense, or if, in the same course of conduct that resulted in the violation of division (A)(2) of this section, the offender also violated section 4549.02, 4549.021, or 4549.03 of the Revised Code.
In
addition to any other sanctions imposed, the court shall
may
impose
upon the offender a class four suspension of the offender's driver's
license, commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(4) of section 4510.02 of the Revised
Code or, if the offender previously has been convicted of or pleaded
guilty to a violation of this section, any traffic-related homicide,
manslaughter, or assault offense, or any traffic-related murder,
felonious assault, or attempted murder offense, a class three
suspension of the offender's driver's license, commercial driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege from the range specified in division
(A)(3) of that section.
(3) Except as otherwise provided in this division, vehicular assault committed in violation of division (A)(3) of this section is a misdemeanor of the first degree. Vehicular assault committed in violation of division (A)(3) of this section is a felony of the fourth degree if, at the time of the offense, the offender was driving under a suspension imposed under Chapter 4510. or any other provision of the Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense.
In
addition to any other sanctions imposed, the court shall
may
impose
upon the offender a class four suspension of the offender's driver's
license, commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(4) of section 4510.02 of the Revised
Code or, if the offender previously has been convicted of or pleaded
guilty to a violation of this section, any traffic-related homicide,
manslaughter, or assault offense, or any traffic-related murder,
felonious assault, or attempted murder offense, a class three
suspension of the offender's driver's license, commercial driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege from the range specified in division
(A)(3) of section 4510.02 of the Revised Code.
(D)(1) The court shall impose a mandatory prison term, as described in division (D)(4) of this section, on an offender who is convicted of or pleads guilty to a violation of division (A)(1) of this section.
(2) The court shall impose a mandatory prison term, as described in division (D)(4) of this section, on an offender who is convicted of or pleads guilty to a violation of division (A)(2) of this section or a felony violation of division (A)(3) of this section if either of the following applies:
(a) The offender previously has been convicted of or pleaded guilty to a violation of this section or section 2903.06 of the Revised Code.
(b) At the time of the offense, the offender was driving under suspension under Chapter 4510. or any other provision of the Revised Code.
(3) The court shall impose a mandatory jail term of at least seven days on an offender who is convicted of or pleads guilty to a misdemeanor violation of division (A)(3) of this section and may impose upon the offender a longer jail term as authorized pursuant to section 2929.24 of the Revised Code.
(4)
A mandatory prison term required under division (D)(1) or (2) of this
section shall be a definite term from the range of prison terms
provided in division (A)(2)(b) of section 2929.14 of the Revised Code
for a felony of the second degree, from division (A)(3)(a) of that
section for a felony of the third degree, or from division (A)(4) of
that section for a felony of the fourth degree, whichever is
applicable, except that if the violation is a felony of the second
degree committed on or after
the
effective date of this amendment
March
22, 2019,
the court shall impose as the minimum prison term for the offense a
mandatory prison term that is one of the minimum terms prescribed for
a felony of the second degree in division (A)(2)(a) of section
2929.14 of the Revised Code.
(E) Divisions (A)(2)(a) and (3) of this section do not apply in a particular construction zone unless signs of the type described in section 2903.081 of the Revised Code are erected in that construction zone in accordance with the guidelines and design specifications established by the director of transportation under section 5501.27 of the Revised Code. The failure to erect signs of the type described in section 2903.081 of the Revised Code in a particular construction zone in accordance with those guidelines and design specifications does not limit or affect the application of division (A)(1) or (2)(b) of this section in that construction zone or the prosecution of any person who violates either of those divisions in that construction zone.
(F) As used in this section:
(1) "Mandatory prison term" and "mandatory jail term" have the same meanings as in section 2929.01 of the Revised Code.
(2) "Traffic-related homicide, manslaughter, or assault offense" and "traffic-related murder, felonious assault, or attempted murder offense" have the same meanings as in section 2903.06 of the Revised Code.
(3) "Construction zone" has the same meaning as in section 5501.27 of the Revised Code.
(4) "Reckless operation offense" and "speeding offense" have the same meanings as in section 2903.06 of the Revised Code.
(G) For the purposes of this section, when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this state, or current or former law of another state or the United States.
Sec. 2903.214. (A) As used in this section:
(1) "Court" means the court of common pleas of the county in which the person to be protected by the protection order resides.
(2) "Victim advocate" means a person who provides support and assistance for a person who files a petition under this section.
(3)
"Family or household member" has
the same meaning as in section 3113.31 of the Revised Codemeans
any of the following:
(a) Any of the following who is residing with or has resided with the petitioner:
(i) A spouse, a person living as a spouse, or a former spouse of the petitioner;
(ii) A parent, a foster parent, or a child of the petitioner, or another person related by consanguinity or affinity to the petitioner;
(iii) A parent or a child of a spouse, person living as a spouse, or former spouse of the petitioner, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the petitioner.
(b) The natural parent of any child of whom the petitioner is the other natural parent or is the putative other natural parent.
(4) "Person living as a spouse" means a person who is living or has lived with the petitioner in a common law marital relationship, who otherwise is cohabiting with the petitioner, or who otherwise has cohabited with the petitioner within five years prior to the date of the alleged occurrence of the act in question.
(5) "Protection order issued by a court of another state" has the same meaning as in section 2919.27 of the Revised Code.
(5)
(6)
"Sexually
oriented offense" has the same meaning as in section 2950.01 of
the Revised Code.
(6)
(7)
"Electronic
monitoring" has the same meaning as in section 2929.01 of the
Revised Code.
(7)
(8)
"Companion
animal" has the same meaning as in section 959.131 of the
Revised Code.
(B) The court has jurisdiction over all proceedings under this section.
(C) A person may seek relief under this section for the person, or any parent or adult household member may seek relief under this section on behalf of any other family or household member, by filing a petition with the court. The petition shall contain or state all of the following:
(1) An allegation that the respondent is eighteen years of age or older and engaged in a violation of section 2903.211 of the Revised Code against the person to be protected by the protection order or committed a sexually oriented offense against the person to be protected by the protection order, including a description of the nature and extent of the violation;
(2) If the petitioner seeks relief in the form of electronic monitoring of the respondent, an allegation that at any time preceding the filing of the petition the respondent engaged in conduct that would cause a reasonable person to believe that the health, welfare, or safety of the person to be protected was at risk, a description of the nature and extent of that conduct, and an allegation that the respondent presents a continuing danger to the person to be protected;
(3) A request for relief under this section.
(D)(1) If a person who files a petition pursuant to this section requests an ex parte order, the court shall hold an ex parte hearing as soon as possible after the petition is filed, but not later than the next day that the court is in session after the petition is filed. The court, for good cause shown at the ex parte hearing, may enter any temporary orders, with or without bond, that the court finds necessary for the safety and protection of the person to be protected by the order. Immediate and present danger to the person to be protected by the protection order constitutes good cause for purposes of this section. Immediate and present danger includes, but is not limited to, situations in which the respondent has threatened the person to be protected by the protection order with bodily harm or in which the respondent previously has been convicted of or pleaded guilty to a violation of section 2903.211 of the Revised Code or a sexually oriented offense against the person to be protected by the protection order.
(2)(a) If the court, after an ex parte hearing, issues a protection order described in division (E) of this section, the court shall schedule a full hearing for a date that is within ten court days after the ex parte hearing. The court shall give the respondent notice of, and an opportunity to be heard at, the full hearing. The court shall hold the full hearing on the date scheduled under this division unless the court grants a continuance of the hearing in accordance with this division. Under any of the following circumstances or for any of the following reasons, the court may grant a continuance of the full hearing to a reasonable time determined by the court:
(i) Prior to the date scheduled for the full hearing under this division, the respondent has not been served with the petition filed pursuant to this section and notice of the full hearing.
(ii) The parties consent to the continuance.
(iii)
The continuance is needed to allow a party
respondent
to
obtain counsel.
(iv)
The continuance is needed for other good cause.
(b) An ex parte order issued under this section does not expire because of a failure to serve notice of the full hearing upon the respondent before the date set for the full hearing under division (D)(2)(a) of this section or because the court grants a continuance under that division.
(3) If a person who files a petition pursuant to this section does not request an ex parte order, or if a person requests an ex parte order but the court does not issue an ex parte order after an ex parte hearing, the court shall proceed as in a normal civil action and grant a full hearing on the matter.
(E)(1)(a) After an ex parte or full hearing, the court may issue any protection order, with or without bond, that contains terms designed to ensure the safety and protection of the person to be protected by the protection order, including, but not limited to, a requirement that the respondent refrain from entering the residence, school, business, or place of employment of the petitioner or family or household member. If the court includes a requirement that the respondent refrain from entering the residence, school, business, or place of employment of the petitioner or family or household member in the order, it also shall include in the order provisions of the type described in division (E)(5) of this section. The court may include within a protection order issued under this section a term requiring that the respondent not remove, damage, hide, harm, or dispose of any companion animal owned or possessed by the person to be protected by the order, and may include within the order a term authorizing the person to be protected by the order to remove a companion animal owned by the person to be protected by the order from the possession of the respondent.
(b) After a full hearing, if the court considering a petition that includes an allegation of the type described in division (C)(2) of this section, or the court upon its own motion, finds upon clear and convincing evidence that the petitioner reasonably believed that the respondent's conduct at any time preceding the filing of the petition endangered the health, welfare, or safety of the person to be protected and that the respondent presents a continuing danger to the person to be protected, the court may order that the respondent be electronically monitored for a period of time and under the terms and conditions that the court determines are appropriate. Electronic monitoring shall be in addition to any other relief granted to the petitioner.
(2)(a) Any protection order issued pursuant to this section shall be valid until a date certain but not later than five years from the date of its issuance.
(b) Any protection order issued pursuant to this section may be renewed in the same manner as the original order was issued.
(3) A court may not issue a protection order that requires a petitioner to do or to refrain from doing an act that the court may require a respondent to do or to refrain from doing under division (E)(1) of this section unless all of the following apply:
(a) The respondent files a separate petition for a protection order in accordance with this section.
(b) The petitioner is served with notice of the respondent's petition at least forty-eight hours before the court holds a hearing with respect to the respondent's petition, or the petitioner waives the right to receive this notice.
(c) If the petitioner has requested an ex parte order pursuant to division (D) of this section, the court does not delay any hearing required by that division beyond the time specified in that division in order to consolidate the hearing with a hearing on the petition filed by the respondent.
(d) After a full hearing at which the respondent presents evidence in support of the request for a protection order and the petitioner is afforded an opportunity to defend against that evidence, the court determines that the petitioner has committed a violation of section 2903.211 of the Revised Code against the person to be protected by the protection order issued pursuant to division (E)(3) of this section, has committed a sexually oriented offense against the person to be protected by the protection order issued pursuant to division (E)(3) of this section, or has violated a protection order issued pursuant to section 2903.213 of the Revised Code relative to the person to be protected by the protection order issued pursuant to division (E)(3) of this section.
(4) No protection order issued pursuant to this section shall in any manner affect title to any real property.
(5)(a) If the court issues a protection order under this section that includes a requirement that the alleged offender refrain from entering the residence, school, business, or place of employment of the petitioner or a family or household member, the order shall clearly state that the order cannot be waived or nullified by an invitation to the alleged offender from the complainant to enter the residence, school, business, or place of employment or by the alleged offender's entry into one of those places otherwise upon the consent of the petitioner or family or household member.
(b) Division (E)(5)(a) of this section does not limit any discretion of a court to determine that an alleged offender charged with a violation of section 2919.27 of the Revised Code, with a violation of a municipal ordinance substantially equivalent to that section, or with contempt of court, which charge is based on an alleged violation of a protection order issued under this section, did not commit the violation or was not in contempt of court.
(F)(1) The court shall cause the delivery of a copy of any protection order that is issued under this section to the petitioner, to the respondent, and to all law enforcement agencies that have jurisdiction to enforce the order. The court shall direct that a copy of the order be delivered to the respondent on the same day that the order is entered.
(2) Upon the issuance of a protection order under this section, the court shall provide the parties to the order with the following notice orally or by form:
"NOTICE
As a result of this order, it may be unlawful for you to possess or purchase a firearm, including a rifle, pistol, or revolver, or ammunition pursuant to federal law under 18 U.S.C. 922(g)(8) for the duration of this order. If you have any questions whether this law makes it illegal for you to possess or purchase a firearm or ammunition, you should consult an attorney."
(3) All law enforcement agencies shall establish and maintain an index for the protection orders delivered to the agencies pursuant to division (F)(1) of this section. With respect to each order delivered, each agency shall note on the index the date and time that it received the order.
(4) Regardless of whether the petitioner has registered the protection order in the county in which the officer's agency has jurisdiction pursuant to division (M) of this section, any officer of a law enforcement agency shall enforce a protection order issued pursuant to this section by any court in this state in accordance with the provisions of the order, including removing the respondent from the premises, if appropriate.
(G)(1) Any proceeding under this section shall be conducted in accordance with the Rules of Civil Procedure, except that a protection order may be obtained under this section with or without bond. An order issued under this section, other than an ex parte order, that grants a protection order, or that refuses to grant a protection order, is a final, appealable order. The remedies and procedures provided in this section are in addition to, and not in lieu of, any other available civil or criminal remedies.
(2) If as provided in division (G)(1) of this section an order issued under this section, other than an ex parte order, refuses to grant a protection order, the court, on its own motion, shall order that the ex parte order issued under this section and all of the records pertaining to that ex parte order be sealed after either of the following occurs:
(a) No party has exercised the right to appeal pursuant to Rule 4 of the Rules of Appellate Procedure.
(b) All appellate rights have been exhausted.
(H) The filing of proceedings under this section does not excuse a person from filing any report or giving any notice required by section 2151.421 of the Revised Code or by any other law.
(I) Any law enforcement agency that investigates an alleged violation of section 2903.211 of the Revised Code or an alleged commission of a sexually oriented offense shall provide information to the victim and the family or household members of the victim regarding the relief available under this section and section 2903.213 of the Revised Code.
(J)(1) Subject to division (J)(2) of this section and regardless of whether a protection order is issued or a consent agreement is approved by a court of another county or by a court of another state, no court or unit of state or local government shall charge the petitioner any fee, cost, deposit, or money in connection with the filing of a petition pursuant to this section, in connection with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a protection order, consent agreement, or witness subpoena or for obtaining a certified copy of a protection order or consent agreement.
(2) Regardless of whether a protection order is issued or a consent agreement is approved pursuant to this section, the court may assess costs against the respondent in connection with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a protection order, consent agreement, or witness subpoena or for obtaining a certified copy of a protection order or consent agreement.
(K)(1) A person who violates a protection order issued under this section is subject to the following sanctions:
(a) Criminal prosecution for a violation of section 2919.27 of the Revised Code, if the violation of the protection order constitutes a violation of that section;
(b) Punishment for contempt of court.
(2) The punishment of a person for contempt of court for violation of a protection order issued under this section does not bar criminal prosecution of the person for a violation of section 2919.27 of the Revised Code. However, a person punished for contempt of court is entitled to credit for the punishment imposed upon conviction of a violation of that section, and a person convicted of a violation of that section shall not subsequently be punished for contempt of court arising out of the same activity.
(L) In all stages of a proceeding under this section, a petitioner may be accompanied by a victim advocate.
(M)(1) A petitioner who obtains a protection order under this section or a protection order under section 2903.213 of the Revised Code may provide notice of the issuance or approval of the order to the judicial and law enforcement officials in any county other than the county in which the order is issued by registering that order in the other county pursuant to division (M)(2) of this section and filing a copy of the registered order with a law enforcement agency in the other county in accordance with that division. A person who obtains a protection order issued by a court of another state may provide notice of the issuance of the order to the judicial and law enforcement officials in any county of this state by registering the order in that county pursuant to section 2919.272 of the Revised Code and filing a copy of the registered order with a law enforcement agency in that county.
(2) A petitioner may register a protection order issued pursuant to this section or section 2903.213 of the Revised Code in a county other than the county in which the court that issued the order is located in the following manner:
(a) The petitioner shall obtain a certified copy of the order from the clerk of the court that issued the order and present that certified copy to the clerk of the court of common pleas or the clerk of a municipal court or county court in the county in which the order is to be registered.
(b) Upon accepting the certified copy of the order for registration, the clerk of the court of common pleas, municipal court, or county court shall place an endorsement of registration on the order and give the petitioner a copy of the order that bears that proof of registration.
(3) The clerk of each court of common pleas, municipal court, or county court shall maintain a registry of certified copies of protection orders that have been issued by courts in other counties pursuant to this section or section 2903.213 of the Revised Code and that have been registered with the clerk.
(N)(1) If the court orders electronic monitoring of the respondent under this section, the court shall direct the sheriff's office or any other appropriate law enforcement agency to install the electronic monitoring device and to monitor the respondent. Unless the court determines that the respondent is indigent, the court shall order the respondent to pay the cost of the installation and monitoring of the electronic monitoring device. If the court determines that the respondent is indigent and subject to the maximum amount allowable to be paid in any year from the fund and the rules promulgated by the attorney general under division (N)(2) of this section, the cost of the installation and monitoring of the electronic monitoring device may be paid out of funds from the reparations fund created pursuant to section 2743.191 of the Revised Code. The total amount of costs for the installation and monitoring of electronic monitoring devices paid pursuant to this division and sections 2151.34 and 2919.27 of the Revised Code from the reparations fund shall not exceed three hundred thousand dollars per year.
(2) The attorney general may promulgate rules pursuant to section 111.15 of the Revised Code to govern payments made from the reparations fund pursuant to this division and sections 2151.34 and 2919.27 of the Revised Code. The rules may include reasonable limits on the total cost paid pursuant to this division and sections 2151.34 and 2919.27 of the Revised Code per respondent, the amount of the three hundred thousand dollars allocated to each county, and how invoices may be submitted by a county, court, or other entity.
Sec. 2907.011. (A)(1) No person who is eighteen years of age or older shall knowingly engage in sexual conduct with any person who is less than thirteen years of age.
(2) No person who is fourteen years of age or older shall knowingly engage in sexual conduct with any person who is less than ten years of age.
(B) Whoever violates division (A) of this section is guilty of aggravated rape, a felony of the first degree, and the following apply:
(1) Notwithstanding the prison terms specified in section 2929.14 of the Revised Code and except as provided in division (B)(2) of this section, the court shall sentence the offender to a term of imprisonment of not less than fifteen years and up to thirty years and a maximum term as determined under section 2971.03 of the Revised Code.
(2) In addition to the sanctions described in division (B)(1) of this section, the court may do either or both of the following:
(a) Notwithstanding section 2929.18 of the Revised Code, assess against the offender a fine of up to one hundred thousand dollars;
(b) Order the offender to pay restitution as provided in section 2929.18 of the Revised Code.
Sec. 2907.05. (A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:
(1) The offender purposely compels the other person, or one of the other persons, to submit by force or threat of force.
(2) For the purpose of preventing resistance, the offender substantially impairs the judgment or control of the other person or of one of the other persons by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.
(3) The offender knows that the judgment or control of the other person or of one of the other persons is substantially impaired as a result of the influence of any drug or intoxicant administered to the other person with the other person's consent for the purpose of any kind of medical or dental examination, treatment, or surgery.
(4) The other person, or one of the other persons, is less than thirteen years of age, whether or not the offender knows the age of that person.
(5) The ability of the other person to resist or consent or the ability of one of the other persons to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the ability to resist or consent of the other person or of one of the other persons is substantially impaired because of a mental or physical condition or because of advanced age.
(B) No person shall knowingly touch the genitalia of another, when the touching is not through clothing, the other person is less than twelve years of age, whether or not the offender knows the age of that person, and the touching is done with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
(C) Whoever violates this section is guilty of gross sexual imposition.
(1) Except as otherwise provided in this section, gross sexual imposition committed in violation of division (A)(1), (2), (3), or (5) of this section is a felony of the fourth degree. If the offender under division (A)(2) of this section substantially impairs the judgment or control of the other person or one of the other persons by administering any controlled substance, as defined in section 3719.01 of the Revised Code, to the person surreptitiously or by force, threat of force, or deception, gross sexual imposition committed in violation of division (A)(2) of this section is a felony of the third degree.
(2)
Gross sexual imposition committed in violation of division (A)(4) or
(B) of this section is a felony of the third degree. Except as
otherwise provided in this division, for gross sexual imposition
committed in violation of division (A)(4) or (B) of this section
there is a presumption that a prison term shall be imposed for the
offense. The court shall impose on an offender convicted of gross
sexual imposition in violation of division (A)(4) or (B) of this
section a mandatory prison term, as described in division (C)(3) of
this section, for a felony of the third degree if either
of the following applies:
(a)
Evidence other than the testimony of the victim was admitted in the
case corroborating the violation;
(b)
The the
offender
previously was convicted of or pleaded guilty to a violation of this
section, rape, the former offense of felonious sexual penetration, or
sexual battery, and the victim of the previous offense was less than
thirteen years of age.
(3) A mandatory prison term required under division (C)(2) of this section shall be a definite term from the range of prison terms provided in division (A)(3)(a) of section 2929.14 of the Revised Code for a felony of the third degree.
(D) A victim need not prove physical resistance to the offender in prosecutions under this section.
(E) Evidence of specific instances of the victim's sexual activity, opinion evidence of the victim's sexual activity, and reputation evidence of the victim's sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or disease, or the victim's past sexual activity with the offender, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.
Evidence of specific instances of the defendant's sexual activity, opinion evidence of the defendant's sexual activity, and reputation evidence of the defendant's sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or disease, the defendant's past sexual activity with the victim, or is admissible against the defendant under section 2945.59 of the Revised Code, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.
(F) Prior to taking testimony or receiving evidence of any sexual activity of the victim or the defendant in a proceeding under this section, the court shall resolve the admissibility of the proposed evidence in a hearing in chambers, which shall be held at or before preliminary hearing and not less than three days before trial, or for good cause shown during the trial.
(G) Upon approval by the court, the victim may be represented by counsel in any hearing in chambers or other proceeding to resolve the admissibility of evidence. If the victim is indigent or otherwise is unable to obtain the services of counsel, the court, upon request, may appoint counsel to represent the victim without cost to the victim.
Sec. 2907.15. (A) As used in this section:
(1) "Public retirement system" means the public employees retirement system, state teachers retirement system, school employees retirement system, Ohio police and fire pension fund, state highway patrol retirement system, or a municipal retirement system of a municipal corporation of this state.
(2) "Government deferred compensation program" means such a program offered by the Ohio public employees deferred compensation board; a municipal corporation; or a governmental unit, as defined in section 148.06 of the Revised Code.
(3) "Deferred compensation program participant" means a "participating employee" or "continuing member," as defined in section 148.01 of the Revised Code, or any other public employee who has funds in a government deferred compensation program.
(4) "Alternative retirement plan" means an alternative retirement plan provided pursuant to Chapter 3305. of the Revised Code.
(5) "Prosecutor" has the same meaning as in section 2935.01 of the Revised Code.
(B)(1)
In
any case in which a sentencing court orders restitution to the victim
under section 2929.18 or 2929.28 of the Revised Code for a violation
of section 2907.011,
2907.02,
2907.03, 2907.04, or 2907.05 of the Revised Code and in which the
offender is a government deferred compensation program participant,
is an electing employee, as defined in section 3305.01 of the Revised
Code, or is a member of, or receiving a pension, benefit, or
allowance, other than a survivorship benefit, from, a public
retirement system and committed the offense against a child, student,
patient, or other person with whom the offender had contact in the
context of the offender's public employment, at the request of the
victim the prosecutor shall file a motion with the sentencing court
specifying the government deferred compensation program, alternative
retirement plan, or public retirement system and requesting that the
court issue an order requiring the government deferred compensation
program, alternative retirement plan, or public retirement system to
withhold the amount required as restitution from one or more of the
following: any
(a)
Any payment
to be made from a government deferred compensation program, any
payment or benefit under an alternative retirement plan, or under a
pension, annuity, allowance, or any other benefit, other than a
survivorship benefit, that has been or is in the future granted to
the offender; from
any
(b)
Any payment
of accumulated employee contributions standing to the offender's
credit with the government deferred compensation program, alternative
retirement plan, or public retirement system; or
from any
(c)
Any payment
of any other amounts to be paid to the offender pursuant to Chapter
145., 148., 742., 3307., 3309., or 5505. of the Revised Code on
withdrawal of contributions. The
(2)
The motion
described
under division (B)(1) of this section may
be filed at any time subsequent to the conviction of the offender or
entry of a guilty plea. On
(3)
On the
filing of the motion
under
division (B)(1) of this section,
the clerk of the court in which the motion is filed shall notify the
offender and the government deferred compensation program,
alternative retirement plan, or public retirement system, in writing,
of all of the following: that
(a)
That the
motion was filed; that
(b)
That the
offender will be granted a hearing on the issuance of the requested
order if the offender files a written request for a hearing with the
clerk prior to the expiration of thirty days after the offender
receives the notice; that
(c)
That,
if a hearing is requested, the court will schedule a hearing as soon
as possible and notify the offender and the government deferred
compensation program, alternative retirement plan, or public
retirement system of the date, time, and place of the hearing; that
(d)
That,
if a hearing is conducted, it will be limited to a consideration of
whether the offender can show good cause why the order should not be
issued; that
(e)
That,
if a hearing is conducted, the court will not issue the order if the
court determines, based on evidence presented at the hearing by the
offender, that there is good cause for the order not to be issued;
that
(f)
That the
court will issue the order if a hearing is not requested or if a
hearing is conducted but the court does not determine, based on
evidence presented at the hearing by the offender, that there is good
cause for the order not to be issued; and
that
(g) That, if the order is issued, the government deferred compensation program, alternative retirement plan, or public retirement system specified in the motion will be required to withhold the amount required as restitution from payments to the offender.
(B)
(C)(1)
In
any case in which a motion requesting the issuance of a withholding
order as described in division (A)
(B)
of
this section is filed, the offender may receive a hearing on the
motion by delivering a written request for a hearing to the court
prior to the expiration of thirty days after the offender's receipt
of the notice provided pursuant to division (A) of this section. If
the offender requests a hearing within the prescribed time, the court
shall schedule a hearing as soon as possible after the request is
made and notify the offender and the government deferred compensation
program, alternative retirement plan, or public retirement system of
the date, time, and place of the hearing. A hearing scheduled under
this division shall be limited to a consideration of whether there is
good cause, based on evidence presented by the offender, for the
requested order not to be issued. If the court determines, based on
evidence presented by the offender, that there is good cause for the
order not to be issued, the court shall deny the motion and shall not
issue the order. Good cause for not issuing the order includes a
determination by the court that the order would severely impact the
offender's ability to support the offender's dependents.
(2)
If
the offender does not request a hearing under
division (B)(1) of this section within
the prescribed time or the court conducts a hearing but does not
determine, based on evidence presented by the offender, that there is
good cause for the order not to be issued, the court shall order the
government deferred compensation program, alternative retirement
plan, or public retirement system to withhold the amount required as
restitution from one or more of the following: any
(a)
Any payments
to be made from a government deferred compensation program, any
payment or benefit under an alternative retirement plan, or under a
pension, annuity, allowance, or under any other benefit, other than a
survivorship benefit, that has been or is in the future granted to
the offender; from
any
(b)
Any payment
of accumulated employee contributions standing to the offender's
credit with the government deferred compensation program, alternative
retirement plan, or public retirement system; or
from any
(c)
Any payment
of any other amounts to be paid to the offender upon
on
withdrawal
of contributions pursuant
to under
Chapter
145., 148., 742., 3307., 3309., or 5505. of the Revised Code and to
continue the withholding for that purpose, in accordance with the
order, out of each payment to be made on or after the date of
issuance of the order, until further order of the court. On
(3)
On receipt
of an order issued under this
division
(B)(2)
of this section,
the government deferred compensation program, alternative retirement
plan, or public retirement system shall withhold the amount required
as restitution, in accordance with the order, from any such payments
and immediately forward the amount withheld to the clerk of the court
in which the order was issued for payment to the person to whom
restitution is to be made. The order shall not apply to any portion
of payments made from a government deferred compensation program,
alternative retirement plan, or public retirement system to a person
other than the offender pursuant
to under
a
previously issued domestic court order.
(C)
(D)
Service
of a notice required by division (A)
(B)
or
(B)
(C)
of
this section shall be effected in the same manner as provided in the
Rules of Civil Procedure for the service of process.
(D)
(E)
Upon
the filing of charges under section 2907.011,
2907.02,
2907.03, 2907.04, or 2907.05 of the Revised Code against a person
defendant
who
is a deferred compensation program participant, an electing employee
participating in an alternative retirement plan, or a member of, or
receiving a pension benefit, or allowance, other than a survivorship
benefit, from a public retirement system for an offense against a
child, student, patient, or other person with whom the offender
defendant
had
contact in the context of the offender's
defendant's
public
employment, the prosecutor shall send written notice that charges
have been filed against that
person the
defendant to
the appropriate government deferred compensation program, alternative
retirement plan, or public retirement system. The notice shall
specifically identify the person charged.
Sec.
2909.01. As
(A)
Except as otherwise provided in divisions (B) to (J) of this section,
as used
in sections 2909.01 to 2909.07
2909.05
of
the Revised Code:
(A)(1)
To
"create a substantial risk of serious physical harm to any
person" includes the creation of a substantial risk of serious
physical harm to any emergency personnel.
(B)(2)
"Emergency
personnel" means any of the following persons:
(1)(a)
A
peace officer, as defined in section 2935.01 of the Revised Code;
(2)(b)
A
member of a fire department or other firefighting agency of a
municipal corporation, township, township fire district, joint fire
district, other political subdivision, or combination of political
subdivisions;
(3)(c)
A
member of a private fire company, as defined in section 9.60 of the
Revised Code, or a volunteer firefighter;
(4)(d)
A
member of a joint ambulance district or joint emergency medical
services district;
(5)(e)
An
emergency medical technician-basic, emergency medical
technician-intermediate, emergency medical technician-paramedic,
ambulance operator, or other member of an emergency medical service
that is owned or operated by a political subdivision or a private
entity;
(6)(f)
The
state fire marshal, the chief deputy state fire marshal, or an
assistant state fire marshal;
(7)(g)
A
fire prevention officer of a political subdivision or an arson, fire,
or similar investigator of a political subdivision.
(C)(3)
"Occupied
structure" means any house, building, outbuilding, watercraft,
aircraft, railroad car, truck, trailer, tent, or other structure,
vehicle, or shelter, or any portion thereof, to which any of the
following applies:
(1)(a)
It
is maintained as a permanent or temporary dwelling, even though it is
temporarily unoccupied and whether or not any person is actually
present.
(2)(b)
At
the time, it is occupied as the permanent or temporary habitation of
any person, whether or not any person is actually present.
(3)(c)
At
the time, it is specially adapted for the overnight accommodation of
any person, whether or not any person is actually present.
(4)(d)
At
the time, any person is present or likely to be present in it.
(D)(4)
"Political
subdivision" and "state" have the same meanings as in
section 2744.01 of the Revised Code.
(E)(5)
"Computer,"
"computer hacking," "computer network," "computer
program," "computer software," "computer system,"
"data," and "telecommunications device" have the
same meanings as in section 2913.01 of the Revised Code.
(F)(6)
"Computer
contaminant" means a computer program that is designed to
modify, damage, destroy, disable, deny or degrade access to, allow
unauthorized access to, functionally impair, record, or transmit
information within a computer, computer system, or computer network
without the express or implied consent of the owner or other person
authorized to give consent and that is of a type or kind described in
divisions (F)(1)
to (4) (A)(6)(a)
to (d) of
this section or of a type or kind similar to a type or kind described
in divisions (F)(1)
to (4) (A)(6)(a)
to (d) of
this section:
(1)(a)
A
group of computer programs commonly known as "viruses" and
"worms" that are self-replicating or self-propagating and
that are designed to contaminate other computer programs, compromise
computer security, consume computer resources, modify, destroy,
record, or transmit data, or disrupt the normal operation of the
computer, computer system, or computer network;
(2)(b)
A
group of computer programs commonly known as "Trojans" or
"Trojan horses" that are not self-replicating or
self-propagating and that are designed to compromise computer
security, consume computer resources, modify, destroy, record, or
transmit data, or disrupt the normal operation of the computer,
computer system, or computer network;
(3)(c)
A
group of computer programs commonly known as "zombies" that
are designed to use a computer without the knowledge and consent of
the owner,
or
other person authorized to give consent, and that are designed to
send large quantities of data to a targeted computer network for the
purpose of degrading the targeted computer's or network's
performance, or denying access through the network to the targeted
computer or network, resulting in what is commonly known as "Denial
of Service" or "Distributed Denial of Service"
attacks;
(4)(d)
A
group of computer programs commonly know as "trap doors,"
"back doors," or "root kits" that are designed to
bypass standard authentication software and that are designed to
allow access to or use of a computer without the knowledge or consent
of the owner,
or
other person authorized to give consent.
(G)(7)
"Internet"
has the same meaning as in section 341.42 of the Revised Code.
(8) "Physical damage to property" means any tangible or intangible damage to property that, in any degree, results in loss to its value or interferes with its use or enjoyment. Physical damage to property does not include wear and tear occasioned by normal use.
(9) "Serious physical damage to property" means, subject to division (C) of this section, any physical damage to property that does either of the following:
(a) Results in substantial loss to the value of the property or requires a substantial amount of time, effort, or money to repair or replace;
(b) Temporarily prevents the use or enjoyment of the property or substantially interferes with its use or enjoyment for an extended period of time.
(B) As used in section 2909.04 of the Revised Code:
(1) "Emergency facility" means a hospital emergency department or any other facility that provides emergency medical services.
(2) "Emergency facility personnel" means any of the following:
(a) Any of the following individuals who perform services in the ordinary course of their professions in an emergency facility:
(i) Physicians authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;
(ii) Registered nurses and licensed practical nurses licensed under Chapter 4723. of the Revised Code;
(iii) Physician assistants authorized to practice under Chapter 4730. of the Revised Code;
(iv) Health care workers;
(v) Clerical staffs.
(b) Any individual who is a security officer performing security services in an emergency facility;
(c) Any individual who is present in an emergency facility, who was summoned to the facility by an individual identified in division (B)(2)(a) or (b) of this section.
(3) "Emergency medical services personnel" has the same meaning as in section 2133.21 of the Revised Code.
(4) "Health care worker" means an individual, other than an individual specified in division (B)(2)(a), (b), or (c) of this section, who provides medical or other health-related care or treatment in an emergency facility, including medical technicians, medical assistants, orderlies, aides, or individuals acting in similar capacities.
(5) "Hospital" has the same meaning as in section 3727.01 of the Revised Code.
(C) As used in section 2909.05 of the Revised Code:
(1) "Cemetery" means any place of burial and includes burial sites that contain American Indian burial objects placed with or containing American Indian human remains.
(2) "Serious physical damage" means physical damage to property that results in loss to the value of the property of two thousand five hundred dollars or more.
(D) As used in section 2909.08 of the Revised Code:
(1) "Airport operational surface" means any surface of land or water that is developed, posted, or marked so as to give an observer reasonable notice that the surface is designed and developed for the purpose of storing, parking, taxiing, or operating aircraft, or any surface of land or water that is actually being used for any of those purposes.
(2) "Firearm" has the same meaning as in section 2923.11 of the Revised Code.
(E) As used in section 2909.081 of the Revised Code, "laser" means both of the following:
(1) Any device that utilizes the natural oscillations of atoms or molecules between energy levels for generating coherent electromagnetic radiation in the ultraviolet, visible, or infrared region of the spectrum and when discharged exceeds one milliwatt continuous wave;
(2) Any device designed or used to amplify electromagnetic radiation by simulated emission that is visible to the human eye.
(F) As used in section 2909.09 of the Revised Code:
(1) "Alley," "street," "streetcar," "trackless trolley," and "vehicle" have the same meanings as in section 4511.01 of the Revised Code.
(2) "Highway" means any highway as defined in section 4511.01 of the Revised Code or any lane, road, street, alley, bridge, or overpass.
(3) "Physical damage to property" has the same meaning as in division (A) of this section.
(4) "Vessel" and "waters in this state" have the same meanings as in section 1546.01 of the Revised Code.
(G) As used in section 2909.11 of the Revised Code, "physical damage to property" has the same meaning as in division (A) of this section.
(H) As used in sections 2909.22 to 2909.31 of the Revised Code:
(1) "Act of terrorism" means either an activity that involves an act dangerous to human life that is a violation of the criminal laws of the United States or of any state or an act that is committed within or outside the territorial jurisdiction of this state or the United States, that constitutes a specified offense if committed in this state or constitutes an offense in any jurisdiction within or outside the territorial jurisdiction of the United States containing all of the essential elements of a specified offense, and that is intended to do one or more of the following:
(a) Intimidate or coerce a civilian population;
(b) Influence the policy of any government by intimidation or coercion;
(c) Affect the conduct of any government by the act that constitutes the offense.
(2) "Biological agent" means any microorganism, virus, infectious substance, or biological product that may be engineered through biotechnology, or any naturally occurring or bioengineered component of any microorganism, virus, infectious substance, or biological product that may be engineered through biotechnology, capable of causing any of the following:
(a) Death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;
(b) Deterioration of food, water, equipment, supplies, or material of any kind;
(c) Deleterious alteration of the environment.
(3) "Biological weapon" means any biological agent, toxin, vector, or delivery system or combination of any biological agent or agents, any toxin or toxins, any vector or vectors, and any delivery system or systems.
(4) "Chemical weapon" means any one or more of the following:
(a) Any toxic chemical or precursor of a toxic chemical that is listed in Schedule 1, Schedule 2, or Schedule 3 of the international "Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (CWC)," as entered into force on April 29, 1997;
(b) A device specifically designed to cause death or other harm through the toxic properties of a toxic chemical or precursor identified in division (H)(4)(a) of this section that would be created or released as a result of the employment of that device;
(c) Any equipment specifically designed for use directly in connection with the employment of devices identified in division (H)(4)(b) of this section.
(5) "Delivery system" and "vector" have the same meanings as in section 2917.011 of the Revised Code.
(6) "Explosive device" means any device designed or specially adapted to cause physical harm to persons or physical damage to property by means of an explosion, and consisting of an explosive substance or agency and a means to detonate it. Explosive device includes without limitation any bomb, any explosive demolition device, any blasting cap or detonator containing an explosive charge, and any pressure vessel that has been knowingly tampered with or arranged so as to explode.
(7) "Hazardous radioactive substance" means any substance or item that releases or is designed to release radiation or radioactivity at a level dangerous to human life.
(8) "Key component of a binary or multicomponent chemical system" means the precursor that plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent chemical system.
(9) "Material support or resources" means currency, payment instruments, other financial securities, funds, transfer of funds, financial services, communications, lodging, training, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.
(10) "Payment instrument" means a check, draft, money order, traveler's check, cashier's check, teller's check, or other instrument or order for the transmission or payment of money, regardless of whether the item in question is negotiable.
(11) "Peace officer" and "prosecutor" have the same meanings as in section 2935.01 of the Revised Code.
(12) "Precursor" means any chemical reactant that takes part at any stage in the production by whatever method of a toxic chemical, including any key component of a binary or multicomponent chemical system.
(13) "Radiological or nuclear weapon" means any device that is designed to create or release radiation or radioactivity at a level that is dangerous to human life or in order to cause serious physical harm to persons as a result of the radiation or radioactivity created or released.
(14) "Response costs" means all costs a political subdivision incurs as a result of, or in making any response to, a threat of a specified offense made as described in section 2909.23 of the Revised Code or a specified offense committed as described in section 2909.24 of the Revised Code, including, but not limited to, all costs so incurred by any law enforcement officers, firefighters, rescue personnel, or emergency medical services personnel of the political subdivision and all costs so incurred by the political subdivision that relate to laboratory testing or hazardous material cleanup.
(15)(a) "Serious offense of violence" means any of the following:
(i) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.15, 2905.01, 2905.02, 2905.32, 2907.01, 2907.02, 2907.03, 2907.05, 2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.03, 2917.01, 2917.02, 2919.25, or 2923.161, of division (A)(1) or (2) of section 2911.04, or of division (B)(1), (2), (3), or (4) of section 2919.22 of the Revised Code;
(ii) An offense, other than a traffic offense, under an existing or former municipal ordinance or law of this or any other state or the United States, committed purposely or knowingly, and involving physical harm to persons or a risk of serious physical harm to persons;
(iii) A conspiracy or attempt to commit, or complicity in committing, any offense under division (H)(15)(a)(i) or (ii) of this section.
(b) On and after the effective date of this amendment, any reference in sections 2909.22 to 2909.31 of the Revised Code to an offense of violence means a serious offense of violence.
(16) "Specified offense" means any of the following:
(a) A serious offense of violence that is a felony, a violation of section 2909.04, 2909.081, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, or 2909.29 of the Revised Code, or a felony of the first degree that is not a violation of any provision in Chapter 2925. or 3719. of the Revised Code;
(b) An attempt to commit, complicity in committing, or a conspiracy to commit an offense listed in division (H)(16)(a) of this section.
(17) "Toxic chemical" means any chemical that through its chemical action on life processes can cause death or serious physical harm to persons or animals, regardless of its origin or of its method of production and regardless of whether it is produced in facilities, in munitions, or elsewhere.
(18) "Toxin" means the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule, whatever its origin or method of reproduction, including, but not limited to, any of the following:
(a) Any poisonous substance or biological product that may be engineered through biotechnology and that is produced by a living organism;
(b) Any poisonous isomer or biological product, homolog, or derivative of any substance or product described in division (H)(4)(a) of this section.
(I) As used in section 2909.29 of the Revised Code:
(1) "Biological agent" and "toxin" have the same meanings as in division (H) of this section.
(2) "Drug" has the same meaning as in section 4729.01 of the Revised Code.
(3) "Hazardous chemical, biological, or radioactive substance" means any of the following:
(a) Any toxic or poisonous chemical, the precursor of any toxic or poisonous chemical, or any toxin;
(b) Any disease organism or biological agent;
(c) Any substance or item that releases or is designed to release radiation or radioactivity at a level dangerous to human life.
(4) "Poison" has the same meaning as in section 3719.01 of the Revised Code.
(J) As used in section 2909.30 of the Revised Code, "alien" means an individual who is not a citizen of the United States.
Sec. 2909.02. (A) No person, by means of fire or explosion, shall knowingly do any of the following:
(1) Create a substantial risk of serious physical harm to any person other than the offender;
(2)
Cause
Create,
through the offer or acceptance of an agreement, a substantial risk
of physical
harm
damage
to
any occupied structure;
(3)
Create,
through the offer or acceptance of an agreement for hire or other
consideration, a substantial risk of Cause
physical
harm
damage
to
any occupied structure.
(B)(1) Whoever violates this section is guilty of aggravated arson.
(2)
A violation of division (A)(1) or (3)
(2)of
this section is a felony of the first degree.
(3)
A violation of division (A)(2)
(A)(3)
of
this section is a felony of the second degree.
Sec. 2909.03. (A) No person, by means of fire or explosion, shall knowingly do any of the following:
(1)
Cause, or create a substantial risk of, physical harm
damage
to
any property of another without the other person's consent;
(2)
Cause, or create a substantial risk of, physical harm
damage
to
any property of the offender
person
or
another, with purpose to defraud;
(3)
Cause, or create a substantial risk of, physical harm
damage
to
the
statehouse or a courthouse, school any
government building,
or other building or
structure that is owned or controlled by the state, any political
subdivision, or any department, agency, or instrumentality of the
state or a political subdivision,
and that is used for public purposes;
(4)
Cause, or create a substantial risk of, physical harm
damage,
through the offer or the acceptance of an agreement
for
hire or other consideration,
to any property of another without the other person's consent or to
any property of the offender
person
or
another with purpose to defraud;
(5)
Cause, or create a substantial risk of, physical harm
damage
to
any park, preserve, wildlands, brush-covered land, cut-over land,
forest, timberland, greenlands, woods, or similar real property that
is owned or controlled by another person, the state, or a political
subdivision without the consent of the other person, the state, or
the political subdivision;
(6)
With
purpose to defraud, cause
Cause,
or create a substantial risk of, physical harm
damage
to
any park, preserve, wildlands, brush-covered land, cut-over land,
forest, timberland, greenlands, woods, or similar real property that
is owned or controlled by the
offender
person,
another person, the state, or a political subdivision
with
purpose to defraud.
(B) No person, by means of fire or explosion, shall knowingly do any of the following:
(1)
Cause, or create a substantial risk of, physical harm
damage
to
any structure of another that is not an occupied structure;
(2)
Cause, or create a substantial risk of, physical harm
damage,
through the offer or the acceptance of an agreement for hire or other
consideration, to any structure of another that is not an occupied
structure;
(3)
Cause, or create a substantial risk of, physical harm
damage
to
any structure that is not an occupied structure and that is in or on
any park, preserve, wildlands, brush-covered land, cut-over land,
forest, timberland, greenlands, woods, or similar real property that
is owned or controlled by another person, the state, or a political
subdivision.
(C)(1) It is an affirmative defense to a charge under division (B)(1) or (2) of this section that the defendant acted with the consent of the other person.
(2) It is an affirmative defense to a charge under division (B)(3) of this section that the defendant acted with the consent of the other person, the state, or the political subdivision.
(D)(1) Whoever violates this section is guilty of arson and shall be punished as provided in divisions (D)(2) to (5) and division (E) of this section.
(2)
A
Except
as otherwise provided in division (D)(5) or (E) of this section, a
violation
of division (A)(1) or (B)(1) of this section is one
of the following:
(a)
Except as otherwise provided in division (D)(2)(b) of this section, a
misdemeanor of the first degree;
(b)
If the value of the property or the amount of the physical harm
involved is one thousand dollars or more, a felony of the fourth
degree.
(3)
A
Except
as otherwise provided in division (D)(5)(c) or (d) or division (E) of
this section, a violation
of division (A)(2), (3), (5), or (6) or (B)(3) of this section is a
felony of the fourth degree.
(4)
A
Except
as otherwise provided in division (D)(5)(d) or (E) of this section, a
violation
of division (A)(4) or (B)(2) of this section is a felony of the third
degree.
(5) The penalties for a violation of division (A)(1), (2), (3), (4), (5), or (6) or (B)(1), (2), or (3) of this section shall be increased as follows, subject to division (E) of this section:
(a) Subject to divisions (D)(5)(b) to (d) of this section, if the amount of physical damage to the property is two thousand five hundred dollars or more, arson is a felony of the fifth degree.
(b) Subject to divisions (D)(5)(c) and (d) of this section, if the amount of physical damage to the property is ten thousand dollars or more, arson is a felony of the fourth degree.
(c) Subject to division (D)(5)(d) of this section, if the amount of physical damage to the property is one hundred thousand dollars or more, arson is a felony of the third degree.
(d) If the amount of physical damage to the property is two hundred fifty thousand dollars or more, arson is a felony of the second degree.
(E) If the person previously has been found guilty of a violation of this section, arson is an offense one degree higher than the penalty provided for in division (D) of this section.
Sec.
2909.04. (A)
No person,
purposely by any means or knowingly by damaging or tampering with any
property, shall
knowingly
do
any of the following:
(1) Interrupt or impair television, radio, telephone, telegraph, or other mass communications service; police, fire, or other public service communications; radar, loran, radio, or other electronic aids to air or marine navigation or communications; or amateur or citizens band radio communications being used for public service or emergency communications;
(2) Interrupt or impair public transportation, including without limitation school bus transportation, or water supply, gas, power, or other utility service to the public;
(3)
Substantially impair the ability of law enforcement officers,
firefighters, rescue personnel, emergency medical services personnel,
or emergency facility personnel to respond to an emergency or to
protect and preserve any person or
property from
serious physical harm
or
any property from serious physical damage.
(B) No person shall knowingly use any computer, computer system, computer network, telecommunications device, or other electronic device or system or the internet so as to disrupt, interrupt, or impair the functions of any police, fire, educational, commercial, or governmental operations.
(C) Whoever violates this section is guilty of disrupting public services, a felony of the fourth degree.
(D)
As used in this section:
(1)
"Emergency medical services personnel" has the same meaning
as in section 2133.21 of the Revised Code.
(2)
"Emergency facility personnel" means any of the following:
(a)
Any of the following individuals who perform services in the ordinary
course of their professions in an emergency facility:
(i)
Physicians authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery;
(ii)
Registered nurses and licensed practical nurses licensed under
Chapter 4723. of the Revised Code;
(iii)
Physician assistants authorized to practice under Chapter 4730. of
the Revised Code;
(iv)
Health care workers;
(v)
Clerical staffs.
(b)
Any individual who is a security officer performing security services
in an emergency facility;
(c)
Any individual who is present in an emergency facility, who was
summoned to the facility by an individual identified in division
(D)(2)(a) or (b) of this section.
(3)
"Emergency facility" means a hospital emergency department
or any other facility that provides emergency medical services.
(4)
"Hospital" has the same meaning as in section 3727.01 of
the Revised Code.
(5)
"Health care worker" means an individual, other than an
individual specified in division (D)(2)(a), (b), or (c) of this
section, who provides medical or other health-related care or
treatment in an emergency facility, including medical technicians,
medical assistants, orderlies, aides, or individuals acting in
similar capacities.
Sec.
2909.05. (A)
No person,
without privilege to do so,
shall
knowingly cause
serious physical harm to an occupied structure or any of its
contents.
(B)(1)
No person shall knowingly cause do
any of the following:
(1)
Cause physical
harm
damage
to
property
any
structure that
is owned or possessed by another,
when either of the following applies:
(a)
The;
(2)
Cause physical damage to
property
that
is
used
by its owner or possessor in the owner's or possessor's profession,
business, trade, or occupation, and the value of the property or the
amount of physical harm involved is one thousand dollars or more;
(b)
Regardless of the value of the property or the amount of damage done,
the property or its equivalent is necessary in order for its owner or
possessor to engage in the owner's or possessor's profession,
business, trade, or occupation.
(2)
No person shall knowingly cause serious owned
or possessed by another;
(3)
Cause physical
harm
damage
to
or
deface property
that is owned, leased, or
controlled,
or used
by
a
governmental entity. A governmental entity includes, but is not
limited to, the
state
or
a,
any
political
subdivision of the state, a
school district, the board of trustees of a public library or public
university, or
any other body corporate and politic responsible for governmental
activities
only
in geographical areas smaller than that of the state.
(C)
No person, without privilege to do so, shall knowingly cause serious;
(4)
Cause
physical
harm
damage
to
or
deface any
cemetery
tomb,
crypt,
monument,
gravestone, or other similar structure that is used as a memorial or
enclosure for
the dead; to any fence, railing, curb, or other property that is used
to protect, enclose, or ornament any cemetery;
or
to a cemetery.
(D)
No person, without privilege to do so, shall knowingly cause (5)
Cause physical
harm
damage
to
a
place of burial by breaking and entering into a tomb, crypt, casket,
or other structure that is used as a memorial for the dead or as an
enclosure for the dead.
or
deface any public monument, historical or commemorative marker, work
of art or museum piece, or any structure, Indian mound or earthwork,
or site of great historical or archaeological interest;
(6) Cause physical damage to or deface a benchmark, triangulation station, boundary marker, or other survey station, monument, or marker;
(7) Cause physical damage to or deface a place of worship or religious artifacts or sacred texts within the place of worship or within the grounds upon which the place of worship is located.
(B) No person, without privilege to do so, shall do either of the following:
(1) Knowingly, by any means, create a substantial risk of physical damage to any structure or property described in division (A) of this section;
(2) Recklessly, by means of fire, explosion, flood, poison gas, radioactive material, caustic or corrosive material, or other inherently dangerous agency or substance, create a substantial risk of physical damage to any structure or property described in division (A) of this section.
(C) No person, without privilege to do so, shall knowingly do any of the following:
(1) Move or tamper with any structure or property described in division (A) of this section;
(2) Employ a tear gas device, stink bomb, smoke generator, or other device releasing a substance that is harmful or offensive to persons exposed or that tends to cause public alarm;
(3) Move, deface, damage, destroy, or otherwise improperly tamper with any safety device, the property of another, or the property of the offender when required or placed for the safety of others, so as to destroy or diminish its effectiveness or availability for its intended purpose;
(4) Set a fire on the land of another, or place personal property that has been set on fire on the land of another, which fire or personal property is outside and apart from any building, other structure, or personal property that is on that land;
(5) In any manner or by any means, alter, damage, destroy, modify, or introduce a computer contaminant into a computer, computer system, computer network, computer software, or computer program or data contained in a computer, computer system, computer network, computer software, or computer program;
(6) Tamper with one's own residential real property with the purpose to decrease the value of the residential real property, if both of the following apply:
(a) The residential real property is subject to a mortgage.
(b) The person has been served with a summons and complaint in a pending residential mortgage loan foreclosure action relating to that real property. As used in this division, "pending" includes the time between judgment entry and confirmation of sale.
(7) Destroy or improperly tamper with a critical infrastructure facility.
(E)(D)
Whoever
violates division
(A) of this
section is guilty of vandalism. Except
as otherwise provided in this division, vandalism is a felony of the
fifth degree that is punishable by a fine of up to two thousand five
hundred dollars in addition to the penalties specified for a felony
of the fifth degree in sections 2929.11 to 2929.18 of the Revised
Code. If the value of the property or the amount of physical harm
involved is seven thousand five hundred dollars or more but less than
one hundred fifty thousand dollars, vandalism is a felony of the
fourth degree. If the value of the property or the amount of physical
harm involved is one hundred fifty thousand dollars or more,
vandalism is a felony of the third degree.
(F)
For purposes of this section:
(1)
"Cemetery" means any place of burial and includes burial
sites that contain American Indian burial objects placed with or
containing American Indian human remains.
(2)
"Serious physical harm" means physical harm to property
that results in loss to the value of the property of one thousand
dollars or more
Whoever
violates division (B) of this section is guilty of criminal damaging.
Whoever violates division (C) of this section is guilty of criminal
mischief.
(E) The penalties for the offense of vandalism, criminal damaging, or criminal mischief are as follows:
(1) Subject to divisions (E)(2) to (7) of this section, if the amount of the loss resulting from a violation of division (A), (B), or (C)(1) to (6) of this section is less than five hundred dollars, the offense is a third degree misdemeanor.
(2) Subject to divisions (E)(3) to (7) of this section, if the amount of the loss resulting from a violation of division (A), (B), or (C)(1) to (6) of this section is five hundred dollars or more, the offense is a misdemeanor of the first degree.
(3) Subject to divisions (E)(4) to (6) of this section, if the amount of the loss resulting from a violation of division (A), (B), or (C)(1) to (6) of this section is two thousand five hundred dollars or more, the offense is a felony of the fifth degree.
(4) Subject to divisions (E)(5) and (6) of this section, if the amount of the loss resulting from a violation of division (A), (B), or (C)(1) to (6) of this section is ten thousand dollars or more, the offense is a felony of the fourth degree.
(5) Subject to division (E)(6) of this section, if the amount of the loss resulting from a violation of division (A), (B), or (C)(1) to (6) of this section is one hundred thousand dollars or more or if the violation is a violation of division (C)(7) of this section, the offense is a felony of the third degree.
(6) If the amount of the loss resulting from a violation of division (A), (B), or (C)(1) to (7) of this section is two hundred fifty thousand dollars or more, the offense is a felony of the second degree.
(7) If a violation of division (A), (B), or (C)(1) to (6) of this section results in a loss of less than two thousand five hundred dollars but creates a substantial risk of physical harm to any person, the offense is a felony of the fifth degree.
Sec.
2909.08. (A)
As
used in this section:
(1)
"Air gun" means a hand pistol or rifle that propels its
projectile by means of releasing compressed air, carbon dioxide, or
other gas.
(2)
"Firearm" has the same meaning as in section 2923.11 of the
Revised Code.
(3)
"Spring-operated gun" means a hand pistol or rifle that
propels a projectile not less than four or more than five millimeters
in diameter by means of a spring.
(4)
"Airport operational surface" means any surface of land or
water that is developed, posted, or marked so as to give an observer
reasonable notice that the surface is designed and developed for the
purpose of storing, parking, taxiing, or operating aircraft, or any
surface of land or water that is actually being used for any of those
purposes.
(B)
No
person shall do either of the following:
(1) Knowingly throw an object at, or drop an object upon, any moving aircraft;
(2)
Knowingly shoot with a bow and arrow, or knowingly discharge a
firearm,
air gun, or spring-operated gun
or
cause any other projectile to be propelled,
at or toward any aircraft.
(C)(B)
No
person shall knowingly
or recklessly
shoot with a bow and arrow, or
shall knowingly or recklessly discharge
a firearm,
air
gun, or spring-operated gun
or
cause any other projectile to be propelled,
upon or over any airport operational surface. This division does not
apply to the following:
(1) An officer, agent, or employee of this or any other state or the United States, or a law enforcement officer, authorized to discharge firearms and acting within the scope of the officer's, agent's, or employee's duties;
(2) A person who, with the consent of the owner or operator of the airport operational surface or the authorized agent of either, is lawfully engaged in any hunting or sporting activity or is otherwise lawfully discharging a firearm.
(C)(1) No person, without privilege to do so, shall knowingly cause physical damage to any aircraft, aircraft engine or propeller, or spare part or other equipment intended to be used in the operation of an aircraft.
(2) No person, without privilege to do so, shall knowingly move, deface, damage, destroy, or otherwise tamper with any airplane safety device, aircraft, aircraft engine or propeller, spare part, fuel, or other equipment, material, or implement used or intended for use in the operation of an aircraft.
(3) No person, without privilege to do so, and with purpose to impair the functioning of any computer, computer network, computer system, computer software, or computer program, or any data related to the computer, computer network, computer system, computer software, or computer program, shall knowingly do any of the following:
(a) In any manner or by any means, including, but not limited to, computer hacking, alter, damage, destroy, or modify any computer, computer network, computer system, computer software, computer program, or any data related to the computer, computer network, computer system, computer software, or computer program that is used or intended to be used in the operation of an aircraft;
(b) Introduce a computer contaminant into any computer, computer network, computer system, computer software, or computer program that is used or intended for use in the operation of an aircraft.
(D)
Whoever violates division (B)(A)
of
this section is guilty of endangering aircraft, a misdemeanor of the
first degree. If the violation creates
a risk of causes
physical
harm to any person, endangering aircraft is a felony of the fifth
fourth
degree.
If
the violation creates a substantial risk of physical harm to any
person or if the aircraft that is the subject of the violation is
occupied, endangering aircraft is a felony of the fourth degree.
(E)
Whoever violates division (C)(B)
of
this section is guilty of endangering airport operations, a
misdemeanor of the second degree. If the violation creates
a risk of causes
physical
harm to any person, endangering airport operations is a felony of the
fifth
fourth
degree.
If
the violation creates a substantial risk of physical harm to any
person, endangering airport operations is a felony of the fourth
degree. In addition to any other penalty or sanction imposed for the
violation, the hunting license or permit of a person who violates
division (C) of this section while hunting shall be suspended or
revoked pursuant to section 1533.68 of the Revised Code.
(F)
Any bow and arrow, air gun, spring-operated gun, or firearm that has
been used in a felony violation of this section shall be seized or
forfeited, and shall be disposed of pursuant to Chapter 2981. of the
Revised Code(F)(1)
Whoever violates division (C) of this section is guilty of tampering
with an aircraft. Except as otherwise provided in division (F)(2) or
(3) of this section, tampering with an aircraft is a misdemeanor of
the first degree.
(2) If the violation of division (C) of this section causes physical harm to any person, tampering with an aircraft is a felony of the fourth degree.
(3) If the person violates division (C)(3) of this section and division (F)(2) of this section does not apply, tampering with an aircraft is a felony of the fifth degree.
Sec.
2909.081. (A)
No person shall knowingly
purposely
discharge
a laser or other device that creates visible light into the cockpit
of an operating
aircraft
that
is in the process of taking off or landing or is in flight.
(B) No person shall recklessly discharge a laser or other device that creates visible light onto an operating aircraft.
(C)
Whoever
violates division
(A) of this
section is guilty of interfering with the operation of an aircraft
with a laser, a felony of the second
third
degree.
Whoever
violates division (B) of this section is guilty of reckless use of a
laser, a misdemeanor of the first degree.
(C)
As used in this section, "laser" means both of the
following:
(1)
Any device that utilizes the natural oscillations of atoms or
molecules between energy levels for generating coherent
electromagnetic radiation in the ultraviolet, visible, or infrared
region of the spectrum and when discharged exceeds one milliwatt
continuous wave;
(2)
Any device designed or used to amplify electromagnetic radiation by
simulated emission that is visible to the human eye.
Sec.
2909.09. (A)
As
used in this section:
(1)
"Highway" means any highway as defined in section 4511.01
of the Revised Code or any lane, road, street, alley, bridge, or
overpass.
(2)
"Alley," "street," "streetcar,"
"trackless trolley," and "vehicle" have the same
meanings as in section 4511.01 of the Revised Code.
(3)
"Vessel" and "waters in this state" have the same
meanings as in section 1546.01 of the Revised Code.
(B)
No
person shall knowingly,
and by any means, drop
or,
throw,
propel, or cause to fall
any
object at, onto, or in the path of any of the following:
(1) Any vehicle, streetcar, or trackless trolley on a highway;
(2) Any boat or vessel on any of the waters in this state;
(3) Any railroad rail, railroad track, or locomotive, engine, railroad car, or other vehicle of a railroad company while that vehicle is on a railroad track.
(B) No person, without privilege to do so, shall knowingly do any of the following:
(1) Deface, damage, obstruct, remove, or otherwise impair the operation of any railroad grade crossing warning signal or other protective device;
(2) Climb upon any locomotive, engine, railroad car, or other vehicle of a railroad company while that vehicle is on a railroad track;
(3) Disrupt, delay, or prevent the operation of any train or other vehicle of a railroad company while that vehicle is on a railroad track.
(C)
Whoever violates this section is guilty of vehicular vandalism
interference.
Except as otherwise provided in this
division
(C)(1),
(2), or (3) of this section,
vehicular vandalism
interference
is
a misdemeanor of the first degree.
Except
as otherwise provided in this division, if
(1)
If
the
violation of this section creates a substantial risk of physical harm
to any person or the
violation of this section causes
serious physical harm
damage
to
property, vehicular vandalism
interference
is
a felony of the fourth degree.
Except
as otherwise provided in this division, if
(2)
If
the
violation of this section causes physical harm to any person,
vehicular vandalism
interference
is
a felony of the third degree.
If
(3)
If
the
violation of this section causes serious physical harm to any person,
vehicular vandalism
interference
is
a felony of the second degree.
Sec.
2909.11. (A)
When a person is charged with a violation of division (A)(1) or
(B)(1) of section 2909.03 of the Revised Code involving property
value or an amount of physical harm
damage
of
one thousand dollars or more or with a violation of section 2909.05
of the Revised Code involving property value or an amount of physical
harm
damage
of
one thousand dollars or more, the jury
or court trier
of fact trying
the accused shall determine the measured
value
of,
or amount of physical damage to,
the
property or
amount of physical harm as
of the time of the offense and,
if a guilty verdict is returned, shall return the finding of
the measured value or amount of physical damage as
part of the verdict. In
any such case
If
the valuation element of the offense establishes a minimum measured
value required for a finding of guilt for that particular degree of
offense,
it is unnecessary to find or return the exact value or amount of
physical
harm
damage,
section
2945.75 of the Revised Code applies, and
it is sufficient if either
of the following applies, as appropriate, relative to the finding and
return of the value or amount of physical harm:
(1)
If the finding and return relate to a violation of division (A)(1) or
(B)(1) of section 2909.03 of the Revised Code and are that the value
or amount of the physical harm was one thousand dollars or more, the
finding and return shall include a statement that the value or amount
was one thousand dollars or more.
(2)
If the finding and return relate to a violation of section 2909.05 of
the Revised Code and are that the value or amount of the physical
harm was in any of the following categories, the finding and return
shall include one of the following statements, as appropriate:
(a)
If the finding and return are that the value or amount was one
hundred fifty thousand dollars or more, a statement that the value or
amount was one hundred fifty thousand dollars or more;
(b)
If the finding and return are that the value or amount was seven
thousand five hundred dollars or more but less than one hundred fifty
thousand dollars a statement that the value or amount was seven
thousand five hundred dollars or more but less than one hundred fifty
thousand dollars;
(c)
If the finding and return are that the value or amount was one
thousand dollars or more but less than seven thousand five hundred
dollars, a statement that the value or amount was one thousand
dollars or more but less than seven thousand five hundred dollars
the
trier of fact finds that the measured value of, or amount of physical
damage to, the property or services involved meets or exceeds the
required minimum measured value or amount of physical damage. If the
trier of fact finds that the valuation does not meet or exceed the
required minimum measured value or amount of physical damage, the
trier of fact may include in its verdict the valuation that was
proved. Under that circumstance, section 2945.75 of the Revised Code
applies as to the degree of offense.
(B)
The following criteria shall be used in determining the measured
value
of,
or amount of physical damage to,
property
or
amount of physical harm involved
in a violation of division (A)(1) or (B)(1) of section 2909.03 or
section 2909.05 of the Revised Code:
(1)
If the property is an heirloom, memento, collector's item, antique,
museum piece, manuscript, document, record, or other thing that is
either irreplaceable or is replaceable only on the expenditure of
substantial time, effort, or money, the value of
the property or
the
amount
of
physical harm involved is
the amount that would compensate the owner for its loss.
(2) The value of personal effects and household goods, and of materials, supplies, equipment, and fixtures used in the profession, business, trade, occupation, or avocation of its owner, which property is not covered under division (B)(1) of this section and which retains substantial utility for its purpose regardless of its age or condition, is the cost of replacing the property with new property of like kind and quality.
(3)
If
the property is not covered under division (B)(1) or
(2) of
this section and the physical harm
damage
is
such that the property can be restored substantially to its former
condition, the amount of physical harm
damage
involved
is the reasonable cost of restoring the property.
(3)(4)
If
the property is not covered under division (B)(1) or
(2) of
this section and the physical harm
damage
is
such that the property cannot be restored substantially to its former
condition, the measured
value
of the property,
in is
one of the following:
(a)
In the
case of personal property, is
the
cost of replacing the property with new property of like kind and
quality,
and, in;
(b)
In
the
case of real property or real property fixtures, is
the
difference in the fair market value of the property immediately
before and immediately after the offense.
(C)(5)
The value of any real or personal property that is not covered under
division (B)(1), (2), (3), or (4) of this section, and the value of
services, is the fair market value of the property or services.
As
used in this section, "fair market value" has
the same meaning as in section 2913.61 of the Revised Code
is
the money consideration that a buyer would give and a seller would
accept for property or services, assuming that the buyer is willing
to buy and the seller is willing to sell, that both are fully
informed as to all facts material to the transaction, and that
neither is under any compulsion to act.
(C) If more than one item of property or services is involved in any offense covered by this section, the measured value of, or amount of physical damage to, the property or services involved for the purpose of determining the measured value or amount of physical damage as required by division (A) of this section is the aggregate measured value or amount of physical damage of all property or services involved in the offense.
(D)
Prima-facie
evidence of the value of property, as provided The
criteria specified in
division (E) of section 2913.61 of the Revised Code, may
shall
be
used to
establish the value of property pursuant to in
determining the measured value of, or amount of physical damage to,
property or services involved in an offense covered by this
section.
Sec.
2909.22. (A)(A)(1)
No
person shall knowingly
raise,
solicit, collect, donate, or provide any material
support
or resources, with purpose that the material
support
or resources will be used in whole or in part to plan, prepare, carry
out, or aid in either an act of terrorism or the concealment of, or
an escape from, an act of terrorism.
(2) No person shall knowingly raise, solicit, collect, donate, or provide any support or resources to any foreign terrorist organization as designated by the secretary of state of the United States in accordance with the "Immigration and Nationality Act," 8 U.S.C. 1189(a)(1), as amended.
(B) No person, knowing that property is the proceeds of an act of terrorism or a monetary instrument given, received, or intended to be used in support of terrorism, shall conduct or attempt to conduct any transaction involving that property, including transporting, transmitting, or transferring the property with intent to do any of the following:
(1) Commit or further the commission of criminal activity;
(2) Conceal or disguise the nature, location, source, ownership, or control of either the proceeds of an act of terrorism or a monetary instrument given, received, or intended to be used to support an act of terrorism;
(3) Conceal or disguise the intent to avoid a transaction reporting requirement under section 1315.53 of the Revised Code or federal law.
(C)
Whoever
violates this section is guilty of soliciting
or providing
support for an
act of terrorism,
a felony of the third
second
degree.
Section
2909.25 of the Revised Code applies regarding an offender who is
convicted of or pleads guilty to a violation of this section.
(C)(D)
A
prosecution for a violation of this section does not preclude a
prosecution for a violation of any other section of the Revised Code.
One or more acts, a series of acts, or a course of behavior that can
be prosecuted under this section or any other section of the Revised
Code may be prosecuted under this section, the other section, or both
sections.
Sec. 2909.23. (A) No person shall knowingly threaten to commit or threaten to cause to be committed a specified offense other than a violation of this section when both of the following apply:
(1) The person makes the threat with purpose to do any of the following:
(a) Intimidate or coerce a civilian population;
(b) Influence the policy of any government by intimidation or coercion;
(c) Affect the conduct of any government or government official by the threat or by the specified offense.
(2) As a result of the threat, the person causes a reasonable expectation or fear of the imminent commission of the specified offense.
(B) It is not a defense to a charge of a violation of this section that the defendant did not have the intent or capability to commit the threatened specified offense or that the threat was not made to a person who was a subject of the threatened specified offense.
(C)
Whoever violates this section is guilty of making a terroristic
threat, a felony of the third degree.
Section
2909.25 of the Revised Code applies regarding an offender who is
convicted of or pleads guilty to a violation of this section.
Sec. 2909.24. (A) No person shall knowingly commit a specified offense other than a violation of this section with purpose to do any of the following:
(1) Intimidate or coerce a civilian population;
(2) Influence the policy of any government by intimidation or coercion;
(3) Affect the conduct of any government or government official by the specified offense.
(B)(1) Whoever violates this section is guilty of terrorism.
(2)
Except as otherwise provided in divisions (B)(3) and
(4) to
(5) of
this section, terrorism is an offense one degree higher than the most
serious underlying specified offense the defendant
offender
committed.
(3)
Except as provided in division (B)(6)
(B)(5)
of
this section, if the most serious underlying specified offense the
defendant
offender
committed
is a felony of the first degree or murder, the person
offender
shall
be sentenced to life
one
of the following sentences:
(a) Life imprisonment without parole;
(b) Life imprisonment with parole eligibility after serving thirty full years of imprisonment;
(c) Life imprisonment with parole eligibility after serving twenty-five full years of imprisonment.
(4)
Except as provided in division (B)(6)
(B)(5)
of
this section, if the most serious underlying specified offense the
defendant
offender
committed
is aggravated murder, the offender shall be sentenced to life
imprisonment without parole or death pursuant
to under
sections
2929.02 to 2929.06 of the Revised Code.
(5)
Section
2909.25 of the Revised Code applies regarding an offender who is
convicted of or pleads guilty to a violation of this section.
(6)
If
a person commits a violation of this section, if the most serious
underlying specified offense the offender committed is aggravated
murder, murder, or a felony of the first degree, and if the offender
was under eighteen years of age at the time of the violation, the
offender shall not be sentenced to life imprisonment without parole,
but instead the offender shall be sentenced to an indefinite prison
term of thirty years to life.
Sec.
2909.26. (A)
No person shall knowingly possess any chemical weapon, biological
weapon, or
radiological
or nuclear weapon,
or explosive device with the intent to use it to cause serious
physical harm or death to another person.
(B)
No
person shall knowingly possess any chemical weapon, biological
weapon, radiological or nuclear weapon, or explosive device with
intent to use the weapon to do any of the following:
(1)
Intimidate or coerce a civilian population;
(2)
Influence the policy of any government by intimidation or coercion;
(3)
Affect the conduct of any government by murder, assassination, or
kidnapping.
(C)
Whoever
violates this section is guilty of criminal possession of a chemical
weapon, biological weapon, or
radiological
or nuclear weapon, or
explosive device. A violation of division (A) of this section is a
felony of the third
first
degree.
A
violation of division (B) of this section is a felony of the second
degree.
(D)
This (C)
It is an affirmative defense to a charge of a violation of this
section
does
not apply when the items that
either of the following applies:
(1)
Each item described
in division (A) of this section are
that
is the basis of the charge is possessed
for a purpose related to the performance of official duties related
to any military or
security purpose
of this
state or the
United States and
or
any
law enforcement purpose,
including any domestic riot control purpose.
(2) Each item described in division (A) of this section that is the basis of the charge is any of the following that is possessed by the person charged:
(a) Any household product that is generally available for sale to consumers in this state in the quantity and concentration available for sale to those consumers;
(b) A self-defense spray;
(c) A biological agent, toxin, or delivery system the person possesses solely for protective purposes, bona fide research, or other peaceful purposes;
(d) A chemical weapon that the person possesses solely for a purpose not prohibited under this section if the type and quantity is consistent with that purpose.
(D) For purposes of division (C) of this section, "a purpose not prohibited under this section" means any of the following:
(1) Any peaceful purpose related to an industrial, agricultural, research, medical, or pharmaceutical activity or other peaceful activity;
(2) Any purpose directly related to protection against toxic chemicals and to protection against chemical weapons;
(3) Any military purpose of the United States when related to the performance of official duties;
(4) Any law enforcement purpose when related to the performance of official duties.
Sec.
2909.27. (A)
No
person shall recklessly use, deploy, release, or cause to be used,
deployed, or released any chemical weapon, biological weapon,
radiological or nuclear weapon, or explosive device that creates a
risk of death or serious physical harm to another person not a
participant in the offense.
(B)
No
person shall knowingly
recklessly
use,
deploy, release, or cause to be used, deployed, or released any
chemical weapon, biological weapon, or
radiological
or nuclear weapon,
or explosive device with the intent to do any of the following:
(1)
Intimidate or coerce a civilian population;
(2)
Influence the policy of any government by intimidation or coercion;
(3)
Affect the conduct of any government by murder, assassination, or
kidnapping;
(4)
Cause physical harm to, or the death of, any person who is not a
participant in the offense.
(C)(B)
Whoever
violates this section is guilty of criminal use of a chemical weapon,
biological weapon, or
radiological
or nuclear weapon, or
explosive device. A violation of division (A) of this section is a
felony of the second degree. A violation of division (B) of this
section is a
felony of the first degree.
(D)(1)
Division (A) of this section does not apply to any person who uses
(C)(1)
It is an affirmative defense to a charge of a violation of this
section that the item being used, deployed, released, or caused to be
used, deployed, or released that is the basis of the charge is any
of the following:
(a) Any household product that is generally available for sale to consumers in this state in the quantity and concentration available for sale to those consumers;
(b) A self-defense spray;
(c) A biological agent, toxin, or delivery system the person possesses solely for protective purposes, bona fide research, or other peaceful purposes;
(d) A chemical weapon that the person possesses solely for a purpose not prohibited under this section if the type and quantity is consistent with that purpose.
(2)
For purposes of this
division
(C)(1)
of this section,
"a purpose not prohibited under this section" means any of
the following:
(a) Any peaceful purpose related to an industrial, agricultural, research, medical, or pharmaceutical activity or other peaceful activity;
(b) Any purpose directly related to protection against toxic chemicals and to protection against chemical weapons;
(c)
Any military purpose of the United States that
is not connected with the use of a chemical weapon or that is not
dependent on the use of the toxic or poisonous properties of the
chemical weapon to cause death or other harm, when
related to the performance of official duties;
(d)
Any law enforcement purpose,
including any domestic riot control purpose,
when
related to the performance of official duties.
Sec.
2909.28. (A)
No person, with the intent to manufacture a chemical weapon,
biological weapon, or
radiological
or nuclear weapon, or
explosive device, shall
knowingly assemble or possess one or more toxins, toxic chemicals,
precursors of toxic chemicals, vectors, biological agents, or
hazardous radioactive substances that may be used to manufacture a
chemical weapon, biological weapon, or
radiological
or nuclear weapon,
or explosive device.
(B)
In a prosecution under this section, it is not necessary to allege or
prove that the offender
defendant
assembled
or possessed all chemicals or substances necessary to manufacture a
chemical weapon, biological weapon, or
radiological
or nuclear weapon,
or explosive device.
The assembly or possession of a single chemical or substance, with
the intent to use that chemical or substance in the manufacture of a
chemical weapon, biological weapon, or
radiological
or nuclear weapon,
or
explosive device, is
sufficient to violate this section.
(C)
Whoever violates this section is guilty of illegal assembly or
possession of chemicals or substances for the manufacture of a
chemical weapon, biological weapon, or
radiological
or nuclear weapon, or
explosive device, which is a
felony of the fourth degree.
(D)
This
It
is an affirmative defense to a charge of a violation of this section
does
not apply when that
the
items described in division (A) of this section that
are the basis of the charge are
assembled or possessed for a purpose related to the performance of
official duties related to any military or
security purpose
of the United States and
or
any
law enforcement purpose,
including any domestic riot control purpose.
Sec.
2927.24
2909.29.
(A)
As
used in this section:
(1)
"Poison" has the same meaning as in section 3719.01 of the
Revised Code.
(2)
"Drug" has the same meaning as in section 4729.01 of the
Revised Code.
(3)
"Hazardous chemical, biological, or radioactive substance"
means any of the following:
(a)
Any toxic or poisonous chemical, the precursor of any toxic or
poisonous chemical, or any toxin;
(b)
Any disease organism or biological agent;
(c)
Any substance or item that releases or is designed to release
radiation or radioactivity at a level dangerous to human life.
(4)
"Biological agent" means any microorganism, virus,
infectious substance, or biological product that may be engineered
through biotechnology, or any naturally occurring or bioengineered
component of any microorganism, virus, infectious substance, or
biological product that may be engineered through biotechnology,
capable of causing death, disease, or other biological malfunction in
a human, an animal, a plant, or another living organism,
deterioration of food, water, equipment, supplies, or material of any
kind, or deleterious alteration of the environment.
(5)
"Toxin" means the toxic material of plants, animals,
microorganisms, viruses, fungi, or infectious substances, or a
recombinant molecule, whatever its origin or method of reproduction,
including, but not limited to, any poisonous substance or biological
product that may be engineered through biotechnology or produced by a
living organism and any poisonous isomer or biological product,
homolog, or derivative of any substance or product of that nature.
(B)
Except
as provided in division (D)
(C)
of
this section, no person shall do any of the following:
(1)
Knowingly
mingle Recklessly
place a
poison, hazardous chemical, biological, or radioactive substance, or
other harmful substance with
in
a
food, drink, nonprescription drug, prescription drug, or
pharmaceutical
product, or
knowingly place a poison, hazardous chemical, biological, or
radioactive substance, or other harmful substance in a spring,
well, reservoir, or public water supply, if the person knows or has
reason to know that the food, drink, nonprescription drug,
prescription drug, pharmaceutical product, or water may be ingested
or used by another person. For purposes of this division, a person
does not know or have reason to know that water may be ingested or
used by another person if it is disposed of as waste into a household
drain including the drain of a toilet, sink, tub, or floor.
(2)
Knowingly release into the air, knowingly leave in any public place,
or knowingly expose one or more persons to any hazardous chemical,
biological, or radioactive substance with the intent
purpose
to
cause, or create a risk of, death or serious physical harm to any
person.
(C)(B)
No
person shall knowingly
do
any of the following:
(1)
Inform another person that a poison, hazardous chemical, biological,
or radioactive substance, or other harmful substance has been or will
be placed in a food, drink, nonprescription drug, prescription drug,
or
other pharmaceutical
product, spring, well, reservoir, or public water supply, if the
placement of the poison or substance would be a violation of division
(B)(1)(A)(1)
of
this section, and the person knows both that the information is false
and that the information likely will be disseminated to the public.
(2)
Inform another person that a hazardous chemical, biological, or
radioactive substance has been or will be released into the air or
left in a public place, or that one or more persons has been or will
be exposed to a hazardous chemical, biological, or radioactive
substance, if the release, leaving, or exposure of the hazardous
chemical, biological, or radioactive substance would be a violation
of division (B)(2)(A)(2)
of
this section, and the person knows both that the information is false
and that the information likely will be disseminated to the general
public.
(D)(1)(C)
This section does not apply to either of the following:
(1)
A
person may
mingle who
places a
drug with
in
a
food or drink for the purpose of causing the drug to be ingested or
used in the quantity described by its labeling or prescription.
(2)
A person may
place who
places a
poison or other harmful substance in a spring, well, reservoir, or
public water supply in such quantity as is necessary to treat the
spring, well, reservoir, or water supply to make it safe for human
consumption and use.
(3)(D)
The
provisions of division (B)(A)
of
this section shall not be applied in a manner that conflicts with any
other state or federal law or rule relating to substances permitted
to be applied to or present in any food, raw or processed, any milk
or milk product, any meat or meat product, any type of crop, water,
or alcoholic or nonalcoholic beverage.
(E)(1)
Whoever violates division (B)(1)(A)(1)
or
(2) of this section is guilty of contaminating a substance for human
consumption or use
or
contamination with a hazardous chemical, biological, or radioactive
substance.
Except as otherwise provided in this division, contaminating a
substance for human consumption or use or
contamination with a hazardous chemical, biological, or radioactive
substance is
a felony of the first degree. If the offense involved an amount of
poison, the hazardous chemical, biological, or radioactive substance,
or the other harmful substance sufficient to cause death if ingested
or used by a person regarding a violation of division (B)(1)(A)(1)
of
this section or sufficient to cause death to persons who are exposed
to it regarding a violation of division (B)(2)(A)(2)
of
this section
or
if the offense resulted in serious physical harm to another person,
whoever violates division (B)(1)(A)(1)
or
(2) of this section shall be imprisoned for life with parole
eligibility after serving fifteen years of imprisonment.
(2)
Whoever violates division (C)(1)(B)(1)
or
(2) of this section is guilty of spreading a false report of
contamination, a felony of the fourth degree.
(F)
Divisions (C)(1)(B)(1)
and
(2) of this section do not limit or affect the application of
sections
section
2917.31
or
2917.32 of
the Revised Code. Any act that is a violation of both division
(C)(1)(B)(1)
or
(2) of this section and of section 2917.31 or
2917.32 of
the Revised Code may be prosecuted under this section, section
2917.31 or
2917.32 of
the Revised Code, or both this section and section 2917.31 or
2917.32 of
the Revised Code.
Sec. 2909.30. (A) A judge of a court of record shall direct the clerk of that court to notify the immigration and customs enforcement section of the United States department of homeland security when a suspected alien has been convicted of or pleaded guilty to a felony.
(B) The department of rehabilitation and correction monthly shall compile a list of suspected aliens who are serving a prison term. The list shall include the earliest possible date of release of the offender, whether through expiration of prison term, parole, or other means. The department shall provide a copy of the list to the immigration and customs enforcement section of the United States department of homeland security for the section to determine whether it wishes custody of the suspected alien. If the immigration and customs enforcement section indicates it wishes custody, the department of rehabilitation and correction is responsible for the suspected alien until the section takes custody.
(C) The department of rehabilitation and correction, pursuant to a valid detainer lodged against an alien who is not legally present in the United States and who has been convicted of or pleaded guilty to a felony, shall transfer that alien to the custody of the immigration and enforcement section of the United States department of homeland security upon completion of the alien's prison term.
(D)
As used in this section, "alien" means an individual who is
not a citizen of the United States.
Sec.
2909.31. (A)
No person entering or
present in an
airport, train station, port, or other similar critical
transportation infrastructure site shall refuse to show
identification when requested by a law enforcement officer when there
is a threat to security and
or
when the
law enforcement officer is requiring identification of all persons
entering,
present at, or remaining at
the
site.
(B)
A law enforcement officer may
prevent
any person who refuses to show identification when asked under the
circumstances described in division (A) of this section from entering
the critical transportation infrastructure site
refuse
admittance onto or require a person to leave a site listed in
division (A) of this section if the person refuses to show
identification when required under that division.
(C) Any person who refuses to show identification as required under division (A) of this section and who also refuses to leave the site when required under division (B) of this section is guilty of refusal to show identification at a critical transportation site, a misdemeanor of the fourth degree.
Sec.
2911.01. (A)
No person, in attempting or committing a theft offense,
as defined in section 2913.01 of the Revised Code,
or
in fleeing immediately after the attempt or offense, shall knowingly
do
any
either
of
the following:
(1)
Have control
of a
deadly weapon on
or
about
the offender's person or under the offender's control dangerous
ordnance and
either
display
the weapon
or
ordnance,
brandish
it, indicate
that the offender
person
possesses
it, or use it;
(2)
Have
a dangerous ordnance on or about the offender's person or under the
offender's control;
(3)
Inflict,
or attempt to inflict,
serious
physical harm on another.
(B)
No person, without privilege to do so, shall knowingly remove or
attempt to remove a
deadly weapon from the person of a law enforcement officer, or shall
knowingly deprive or
attempt to deprive a
law enforcement officer of a deadly weapon, when both of the
following apply:
(1)
The law enforcement officer, at the time of the removal,
attempted removal,
or
deprivation,
or
attempted deprivation, is
acting within the course and scope of the officer's duties;
(2)
The offender
person
knows
or has reasonable cause to know that the law enforcement officer is a
law enforcement officer.
(C) Whoever violates this section is guilty of aggravated robbery, a felony of the first degree.
(D)
As used in this section:
(1)
"Deadly weapon" and "dangerous ordnance" have the
same meanings as in section 2923.11 of the Revised Code.
(2)
"Law enforcement officer" has the same meaning as in
section 2901.01 of the Revised Code and also includes employees of
the department of rehabilitation and correction who are authorized to
carry weapons within the course and scope of their duties.
Sec. 2911.011. As used in this chapter:
(A) "All-purpose vehicle," "off-highway motorcycle," and "snowmobile" have the same meanings as in section 4519.01 of the Revised Code.
(B) "Critical infrastructure facility" means:
(1) One of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with signs that are reasonably likely to come to the attention of potential intruders and that indicate entry is forbidden without site authorization:
(a) A petroleum or alumina refinery;
(b) An electric generating facility, substation, switching station, electrical control center, or electric transmission and distribution lines and associated equipment;
(c) A chemical, polymer, or rubber manufacturing facility;
(d) A water intake structure, water treatment facility, wastewater facility, drainage facility, water management facility, or any similar water or sewage treatment system and its water and sewage piping;
(e) A natural gas company facility or interstate natural gas pipeline, including a pipeline interconnection, a natural gas compressor station and associated facilities, city gate or town border station, metering station, above-ground piping, regulator station, valve site, delivery station, fabricated assembly, or any other part of a natural gas storage facility involved in the gathering, storage, transmission, or distribution of gas;
(f) A telecommunications central switching office or remote switching facility or an equivalent network facility that serves a similar purpose;
(g) Wireline or wireless telecommunications infrastructure, including telecommunications towers and telephone poles and lines, including fiber optic lines;
(h) A port, trucking terminal, or other freight transportation facility;
(i) A gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas or natural gas liquids;
(j) A transmission facility used by a federally licensed radio or television station;
(k) A steel-making facility that uses an electric arc furnace to make steel;
(l) A facility identified and regulated by the United States department of homeland security's chemical facility anti-terrorism standards program under 6 C.F.R. part 27;
(m) A dam that is regulated by the state or federal government;
(n) A crude oil or refined products storage and distribution facility, including valve sites, pipeline interconnections, pump station, metering station, below- or above-ground pipeline, or piping and truck loading or off-loading facility;
(o) A video service network and broadband infrastructure, including associated buildings and facilities, video service headends, towers, utility poles, and utility lines such as fiber optic lines. As used in this division, "video service network" has the same meaning as in section 1332.21 of the Revised Code.
(p) Any above-ground portion of an oil, gas, hazardous liquid or chemical pipeline, tank, or other storage facility;
(q) Any above-ground portion of a well, well pad, or production operation;
(r) A laydown area or construction site for pipe and other equipment intended for use on an interstate or intrastate natural gas or crude oil pipeline;
(s) Any mining operation, including any processing equipment, batching operation, or support facility for that mining operation.
(2) With respect to a video service network or broadband or wireless telecommunications infrastructure, the above-ground portion of a facility installed in a public right-of-way on a utility pole or in a conduit;
(3) Any railroad property;
(4) An electronic asset of any of the following:
(a) An electric light company that is a public utility under section 4905.02 of the Revised Code;
(b) An electric cooperative, as defined in section 4928.01 of the Revised Code;
(c) A municipal electric utility, as defined in section 4928.01 of the Revised Code;
(d) A natural gas company that is a public utility under section 4905.02 of the Revised Code;
(e) A telephone company that is a public utility under section 4905.02 of the Revised Code;
(f) A video service provider, including a cable operator, as those terms are defined in section 1332.21 of the Revised Code.
(C) "Deadly weapon" and "dangerous ordnance" have the same meanings as in section 2923.11 of the Revised Code.
(D) "Electronic asset" includes, but is not limited to, the hardware, software, and data of a programmable electronic device; all communications, operations, and customer data networks; and the contents of those data networks.
(E) "Habitation" means any structure or separately secured portion of any structure, however permanent or temporary, the primary purpose of which is a dwelling for any person.
(F) "Land or premises" includes any land, building, structure, or place belonging to, controlled by, or in custody of another, and any separate enclosure or room, or portion thereof.
(G) "Law enforcement officer" has the same meaning as in section 2901.01 of the Revised Code and also includes employees of the department of rehabilitation and correction who are authorized to carry weapons within the course and scope of their duties.
(H) "Production operation," "well," and "well pad" have the same meanings as in section 1509.01 of the Revised Code.
(I) "Theft offense" has the same meaning as in section 2913.01 of the Revised Code.
Sec. 2911.02. (A) No person, in attempting or committing a theft offense or in fleeing immediately after the attempt or offense, shall knowingly do any of the following:
(1)
Have a deadly weapon on
or about the offender's person or under
the offender's
person's
control;
(2)
Inflict,
attempt to inflict, or threaten to inflict physical
harm on another;
(3) Use or threaten the immediate use of force against another.
(B) Whoever violates this section is guilty of robbery. A violation of division (A)(1) or (2) of this section is a felony of the second degree. A violation of division (A)(3) of this section is a felony of the third degree.
(C)
As used in this section:
(1)
"Deadly weapon" has the same meaning as in section 2923.11
of the Revised Code.
(2)
"Theft offense" has the same meaning as in section 2913.01
of the Revised Code.
Sec.
2911.11
2911.03.
(A)
No person, by force, stealth, or deception, shall knowingly
trespass
in an
occupied structure or in a separately secured or separately occupied
portion of an occupied structure, a
habitation when
another person other than an accomplice of the offender
person
is
present, with purpose to commit in the structure
or in the separately secured or separately occupied portion of the
structure habitation
any
criminal offense, if any
either
of
the following apply
applies:
(1)
The offender
person
inflicts,
or attempts or threatens to inflict physical
harm on another;
(2)
The offender
person
has
control
of a
deadly weapon or dangerous ordnance
on
or about the offender's person or under the offender's control.
(B) Whoever violates this section is guilty of aggravated burglary, a felony of the first degree.
(C)
As used in this section:
(1)
"Occupied structure" has the same meaning as in section
2909.01 of the Revised Code.
(2)
"Deadly weapon" and "dangerous ordnance" have the
same meanings as in section 2923.11 of the Revised Code,
the element of trespass refers to a violation of division (D) of
section 2911.06 of the Revised Code.
Sec.
2911.12
2911.04.
(A)
No person, by force, stealth, or deception, shall knowingly
do
any
either
of
the following:
(1)
Trespass in an
occupied structure or in a separately secured or separately occupied
portion of an occupied structure, a
habitation when
another person other than an accomplice of the offender
person
is
present, with purpose to commit in the structure
or in the separately secured or separately occupied portion of the
structure habitation
any
criminal offense;
(2)
Trespass in an
occupied structure or in a separately secured or separately occupied
portion of an occupied structure that is a
permanent
or temporary habitation
of
any person when any person other than an accomplice of the offender
is present or likely to be present, with
purpose to commit in the habitation any criminal offense;
(3)
Trespass in an occupied structure or in a separately secured or
separately occupied portion of an occupied structure, with purpose to
commit in the structure or separately secured or separately occupied
portion of the structure any criminal offense.
(B)
No person, by force, stealth, or deception, shall knowingly
trespass
in a permanent
or temporary habitation
of any person
when
any person other than an accomplice of the offender is present or
likely to be present.
(C)
As used in this section,
"occupied
structure" has the same meaning as in section 2909.01 of the
Revised Code
the
element of trespass refers to a violation of division (D) of section
2911.06 of the Revised Code.
(D)
Whoever violates division (A) of this section is guilty of burglary.
A violation of division (A)(1) or
(2) of
this section is a felony of the second degree. A violation of
division (A)(3)
(A)(2)
of
this section is a felony of the third degree.
(E)
Whoever violates division (B) of this section is guilty of trespass
in a habitation
when
a person is present or likely to be present,
a felony of the fourth degree.
Sec.
2911.13
2911.05.
(A)
No person,
by
force, stealth, or deception, with
purpose to commit any theft offense or felony, shall
knowingly
trespass
in an
unoccupied any
structure,
with purpose to commit therein any theft offense, as defined in
section 2913.01 of the Revised Code, or any felony
when
another person other than an accomplice of the person is present.
(B)
No person,
by
force, stealth, or deception, with purpose to commit any theft
offense or felony, shall
knowingly
trespass
on
the land or premises of another, with purpose to commit a felony
in
any structure.
(C)
Whoever violates this section is guilty of breaking and entering,.
Subject to division (D) of this section, a violation of division (A)
of this section is a felony of the fourth degree. Subject to division
(D) of this section, a violation of division (B) of this section is
a
felony of the fifth degree.
(D) Notwithstanding division (C) of this section, if the person, during the commission of the offense, inflicts physical harm upon another person not the accomplice of the person, breaking and entering in violation of division (A) or (B) of this section is a felony of the third degree.
(E) As used in this section, the element of trespass refers to a violation of division (D) of section 2911.06 of the Revised Code.
Sec.
2911.21
2911.06.
(A)
No
person shall knowingly do either of the following:
(1) Enter or remain on the land or premises of another with purpose to commit a felony;
(2) Enter or remain on a critical infrastructure facility with purpose to destroy or tamper with the facility.
(B) No person shall knowingly enter or remain on the land or premises of another with purpose to commit a misdemeanor, the elements of which involve causing physical harm to another person.
(C)(1) No person, without privilege to do so, shall knowingly enter or remain on any restricted portion of a place of public amusement that the person knows or has reasonable cause to believe is a restricted area and, as a result of that conduct, interrupt or cause the delay of the live performance, sporting event, or other activity taking place at the place of public amusement.
(2) An owner or lessee of a place of public amusement, an agent of the owner or lessee, or a performer or participant at a place of public amusement may use reasonable force to restrain and remove a person from a restricted portion of the place of public amusement if the person enters or remains on the restricted portion of the place of public amusement and, as a result of that conduct, interrupts or causes the delay of the live performance, sporting event, or other activity taking place at the place of public amusement.
(3) Division (C)(2) of this section does not provide immunity from criminal liability for any use of force beyond reasonable force by an owner or lessee of a place of public amusement, an agent of either the owner or lessee, or a performer or participant at a place of public amusement.
(D) No person, without privilege to do so, shall do any of the following:
(1) Knowingly enter or remain on the land or premises of another;
(2) Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes, or hours, when the offender knows the offender is in violation of any such restriction or is reckless in that regard;
(3)
Recklessly enter or remain on the land or premises of another, as
to which when
notice
against unauthorized access or presence is given by actual
communication to the offender
person,
or in a manner prescribed by law, or by posting in a manner
reasonably calculated to come to the attention of potential
intruders, or by fencing or other enclosure manifestly designed to
restrict access;
(4)
Being on the land or premises of another, negligently fail or refuse
to leave upon being notified by signage posted in a conspicuous place
or otherwise being
notified
to do
so leave
by
the owner or occupant, or the agent or servant
employee
of
either;
(5) Knowingly enter or remain on a critical infrastructure facility.
(B)(E)
It
is no defense to a charge under this section that the
either
of the following applies:
(1) The land or premises involved was owned, controlled, or in custody of a public agency.
(C)
It is no defense to a charge under this section that the offender (2)
The person was
authorized to enter or remain on the land or premises involved, when
such authorization was secured by deception.
(D)(1)
(F)
Whoever
violates this section is guilty of criminal trespass
and
shall be punished as provided in divisions (F)(1) to (4) of this
section.
(1)
Criminal
trespass in violation of division (A)(1),
(2), (3), or (4)
of
this section is a misdemeanor
felony
of
the fourth
fifth
degree.
(2) Criminal trespass in violation of division (A)(2) of this section is a felony of the third degree.
(3)
Criminal
trespass in violation of division (A)(5)
(B),
(C), or (D)(5) of
this section is a misdemeanor of the first degree.
(4) Except as otherwise provided in this division, criminal trespass in violation of divisions (D)(1) to (4) of this section is a misdemeanor of the fourth degree. If the person previously has been convicted of or pleaded guilty to a violation of divisions (D)(1) to (4) of this section within two years of the date of the offense, criminal trespass in violation of divisions (D)(1) to (4) of this section is a misdemeanor of the third degree.
(2)
Notwithstanding section 2929.28 of the Revised Code, if the person,
in committing the violation of this section, used a snowmobile,
off-highway motorcycle, or all-purpose vehicle, the court shall
impose a fine of two times the usual amount imposed for the
violation.
(3)
If an offender previously has been convicted of or pleaded guilty to
two or more violations of this section or a substantially equivalent
municipal ordinance, and the offender, in committing each violation,
used a snowmobile, off-highway motorcycle, or all-purpose vehicle,
the court, in addition to or independent of all other penalties
imposed for the violation, may impound the certificate of
registration of that snowmobile or off-highway motorcycle or the
certificate of registration and license plate of that all-purpose
vehicle for not less than sixty days. In such a case, section 4519.47
of the Revised Code applies.
(E)(G)
Notwithstanding
any provision of the Revised Code, if the offender, in committing the
violation of this section, used an all-purpose vehicle, the clerk of
the court shall pay the fine imposed pursuant to this section to the
state recreational vehicle fund created by section 4519.11 of the
Revised Code.
(F)
As used in this section:
(1)
"All-purpose vehicle," "off-highway motorcycle,"
and "snowmobile" have the same meanings as in section
4519.01 of the Revised Code.
(2)
"Land or premises" includes any land, building, structure,
or place belonging to, controlled by, or in custody of another, and
any separate enclosure or room, or portion thereof.
(3)
"Production operation," "well," and "well
pad" have the same meanings as in section 1509.01 of the Revised
Code.
(4)
"Critical infrastructure facility" means:
(a)
One of the following, if completely enclosed by a fence or other
physical barrier that is obviously designed to exclude intruders, or
if clearly marked with signs that are reasonably likely to come to
the attention of potential intruders and that indicate entry is
forbidden without site authorization:
(i)
A petroleum or alumina refinery;
(ii)
An electric generating facility, substation, switching station,
electrical control center, or electric transmission and distribution
lines and associated equipment;
(iii)
A chemical, polymer, or rubber manufacturing facility;
(iv)
A water intake structure, water treatment facility, waste water
facility, drainage facility, water management facility, or any
similar water or sewage treatment system and its water and sewage
piping;
(v)
A natural gas company facility or interstate natural gas pipeline,
including a pipeline interconnection, a natural gas compressor
station and associated facilities, city gate or town border station,
metering station, above-ground piping, regulator station, valve site,
delivery station, fabricated assembly, or any other part of a natural
gas storage facility involved in the gathering, storage,
transmission, or distribution of gas;
(vi)
A telecommunications central switching office or remote switching
facility or an equivalent network facility that serves a similar
purpose;
(vii)
Wireline or wireless telecommunications infrastructure, including
telecommunications towers and telephone poles and lines, including
fiber optic lines;
(viii)
A port, trucking terminal, or other freight transportation facility;
(ix)
A gas processing plant, including a plant used in the processing,
treatment, or fractionation of natural gas or natural gas liquids;
(x)
A transmission facility used by a federally licensed radio or
television station;
(xi)
A steel-making facility that uses an electric arc furnace to make
steel;
(xii)
A facility identified and regulated by the United States department
of homeland security's chemical facility anti-terrorism standards
program under 6 C.F.R. part 27;
(xiii)
A dam that is regulated by the state or federal government;
(xiv)
A crude oil or refined products storage and distribution facility,
including valve sites, pipeline interconnections, pump station,
metering station, below- or above-ground pipeline, or piping and
truck loading or off-loading facility;
(xv)
A video service network and broadband infrastructure, including
associated buildings and facilities, video service headends, towers,
utility poles, and utility lines such as fiber optic lines. As used
in this division, "video service network" has the same
meaning as in section 1332.21 of the Revised Code.
(xvi)
Any above-ground portion of an oil, gas, hazardous liquid or chemical
pipeline, tank, or other storage facility;
(xvii)
Any above-ground portion of a well, well pad, or production
operation;
(xviii)
A laydown area or construction site for pipe and other equipment
intended for use on an interstate or intrastate natural gas or crude
oil pipeline;
(xix)
Any mining operation, including any processing equipment, batching
operation, or support facility for that mining operation.
(b)
With respect to a video service network or broadband or wireless
telecommunications infrastructure, the above-ground portion of a
facility installed in a public right-of-way on a utility pole or in a
conduit;
(c)
Any railroad property;
(d)
An electronic asset of any of the following:
(i)
An electric light company that is a public utility under section
4905.02 of the Revised Code;
(ii)
An electric cooperative, as defined in section 4928.01 of the Revised
Code;
(iii)
A municipal electric utility, as defined in section 4928.01 of the
Revised Code;
(iv)
A natural gas company that is a public utility under section 4905.02
of the Revised Code;
(v)
A telephone company that is a public utility under section 4905.02 of
the Revised Code;
(vi)
A video service provider, including a cable operator, as those terms
are defined in section 1332.21 of the Revised Code.
(5)
"Electronic asset" includes, but is not limited to, the
hardware, software, and data of a programmable electronic device; all
communications, operations, and customer data networks; and the
contents of those data networks.
Sec.
2911.31
2911.07.
(A)
No person, with purpose to commit an offense, shall knowingly enter,
force an entrance into, or tamper with any vault,
or
safe,
or strongbox.
(B) Whoever violates this section is guilty of safecracking, a felony of the fourth degree.
Sec. 2913.01. (A) As used in this chapter, unless the context requires that a term be given a different meaning and except as otherwise provided in divisions (B) to (O) of this section:
(A)(1)
"Deception"
means knowingly deceiving another or causing another to be deceived
by any false or misleading representation, by withholding
information, by preventing another from acquiring information, or by
any other conduct, act, or omission that creates, confirms, or
perpetuates a false impression in another, including a false
impression as to law, value, state of mind, or other objective or
subjective fact.
(B)(2)
"Defraud"
means to knowingly obtain, by deception, some benefit for oneself or
another, or to knowingly cause, by deception, some detriment to
another.
(C)(3)
"Deprive"
means to do any of the following:
(1)(a)
Withhold
property of another permanently, or for a period that appropriates a
substantial portion of its value or use, or with purpose to restore
it only upon payment of a reward or other consideration;
(2)(b)
Dispose
of property so as to make it unlikely that the owner will recover it;
(3)(c)
Accept,
use, or appropriate money, property, or services, with purpose not to
give proper consideration in return for the money, property, or
services, and without reasonable justification or excuse for not
giving proper consideration.
(D)(4)
"Owner"
means, unless the context requires a different meaning, any person,
other than the actor, who is the owner of, who has possession or
control of, or who has any license or interest in property or
services, even though the ownership, possession, control, license, or
interest is unlawful.
(E)(5)
"Services"
include labor, personal services, professional services, rental
services, public utility services including wireless service as
defined in division (F)(1) of section 128.01 of the Revised Code,
common carrier services, and food, drink, transportation,
entertainment, and cable television services and, for purposes of
section 2913.04 of the Revised Code, include cable services as
defined in that
division
(B) of this section.
(F)(6)
"Writing"
means any computer software, document, letter, memorandum, note,
paper, plate, data, film, or other thing having in or upon it any
written, typewritten, or printed matter, and any token, stamp, seal,
credit card, badge, trademark, label, or other symbol of value,
right, privilege, license, or identification.
(G)(7)
"Forge"
means to fabricate or create, in whole or in part and by any means,
any spurious writing, or to make, execute, alter, complete,
reproduce, or otherwise purport to authenticate any writing, when the
writing in fact is not authenticated by that conduct.
(H)(8)
"Utter"
means to issue, publish, transfer, use, put or send into circulation,
deliver, or display.
(I)(9)
"Coin
machine" means any mechanical or electronic device designed to
do both of the following:
(1)(a)
Receive
a coin, bill, or token made for that purpose;
(2)(b)
In
return for the insertion or deposit of a coin, bill, or token,
automatically dispense property, provide a service, or grant a
license.
(J)(10)
"Slug"
means an object that, by virtue of its size, shape, composition, or
other quality, is capable of being inserted or deposited in a coin
machine as an improper substitute for a genuine coin, bill, or token
made for that purpose.
(K)(11)
"Theft
offense" means any of the following:
(1)(a)
A
violation of section 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2911.31, 2911.32, 2911.03,
2911.04, 2911.05, 2911.07, 2913.02,
2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.08,
2913.11,
2913.21, 2913.31, 2913.32,
2913.33, 2913.34,
2913.40, 2913.42, 2913.43, 2913.44,
2913.45,
2913.47, 2913.48, former
section 2913.47 or 2913.48, or section 2913.51,
2915.05, or 2921.41,
or former section 2913.32, 2913.33, 2913.47, or 2913.48
of
the Revised Code;
(2)(b)
A
violation of an existing or former municipal ordinance or law of this
or any other state, or of the United States, substantially equivalent
to any section listed in division (K)(1)(A)(11)(a)
of
this section or a violation of section 2913.41, 2913.81, or 2915.06
of the Revised Code as it existed prior to July 1, 1996;
(3)(c)
An
offense under an existing or former municipal ordinance or law of
this or any other state, or of the United States, involving robbery,
burglary, breaking and entering, theft, embezzlement, wrongful
conversion, forgery, counterfeiting, deceit, or fraud;
(4)(d)
A
conspiracy or attempt to commit, or complicity in committing, any
offense under division (K)(1),
(2), or (3)(A)(11)(a),
(b), or (c)
of
this section.
(L)(12)
"Computer
services" includes, but is not limited to, the use of a computer
system, computer network, computer program, data that is prepared for
computer use, or data that is contained within a computer system or
computer network.
(M)(13)
"Computer"
means an electronic device that performs logical, arithmetic, and
memory functions by the manipulation of electronic or magnetic
impulses. "Computer" includes, but is not limited to, all
input, output, processing, storage, computer program, or
communication facilities that are connected, or related, in a
computer system or network to an electronic device of that nature.
(N)(14)
"Computer
system" means a computer and related devices, whether connected
or unconnected, including, but not limited to, data input, output,
and storage devices, data communications links, and computer programs
and data that make the system capable of performing specified special
purpose data processing tasks.
(O)(15)
"Computer
network" means a set of related and remotely connected computers
and communication facilities that includes more than one computer
system that has the capability to transmit among the connected
computers and communication facilities through the use of computer
facilities.
(P)(16)
"Computer
program" means an ordered set of data representing coded
instructions or statements that, when executed by a computer, cause
the computer to process data.
(Q)(17)
"Computer
software" means computer programs, procedures, and other
documentation associated with the operation of a computer system.
(R)(18)
"Data"
means a representation of information, knowledge, facts, concepts, or
instructions that are being or have been prepared in a formalized
manner and that are intended for use in a computer, computer system,
or computer network. For purposes of section 2913.47 of the Revised
Code, "data" has the additional meaning set forth in
division (A)(I)
of
that
this
section.
(S)(19)
"Cable
television service" means any services provided by or through
the facilities of any cable television system or other similar closed
circuit coaxial cable communications system, or any microwave or
similar transmission service used in connection with any cable
television system or other similar closed circuit coaxial cable
communications system.
(T)(20)
"Gain
access" means to approach, instruct, communicate with, store
data in, retrieve data from, or otherwise make use of any resources
of a computer, computer system, or computer network, or any cable
service or cable system both as defined in division
(B) of this section
2913.04
of the Revised Code.
(U)(21)
"Credit
card" includes, but is not limited to, a card, code, device, or
other means of access to a customer's account for the purpose of
obtaining money, property, labor, or services on credit, or for
initiating an electronic fund transfer at a point-of-sale terminal,
an automated teller machine, or a cash dispensing machine. It also
includes a county procurement card issued under section 301.29 of the
Revised Code.
(V)(22)
"Electronic
fund transfer" has the same meaning as in 92 Stat. 3728, 15
U.S.C.A. 1693a, as amended.
(W)(23)
"Rented
property" means personal property in which the right of
possession and use of the property is for a short and possibly
indeterminate term in return for consideration; the rentee generally
controls the duration of possession of the property, within any
applicable minimum or maximum term; and the amount of consideration
generally is determined by the duration of possession of the
property.
(X)(24)
"Telecommunication"
means the origination, emission, dissemination, transmission, or
reception of data, images, signals, sounds, or other intelligence or
equivalence of intelligence of any nature over any communications
system by any method, including, but not limited to, a fiber optic,
electronic, magnetic, optical, digital, or analog method.
(Y)(25)
"Telecommunications
device" means any instrument, equipment, machine, or other
device that facilitates telecommunication, including, but not limited
to, a computer, computer network, computer chip, computer circuit,
scanner, telephone, cellular telephone, pager, personal
communications device, transponder, receiver, radio, modem, or device
that enables the use of a modem.
(Z)(26)
"Telecommunications
service" means the providing, allowing, facilitating, or
generating of any form of telecommunication through the use of a
telecommunications device over a telecommunications system.
(AA)(27)
"Counterfeit
telecommunications device" means a telecommunications device
that, alone or with another telecommunications device, has been
altered, constructed, manufactured, or programmed to acquire,
intercept, receive, or otherwise facilitate the use of a
telecommunications service or information service without the
authority or consent of the provider of the telecommunications
service or information service. "Counterfeit telecommunications
device" includes, but is not limited to, a clone telephone,
clone microchip, tumbler telephone, or tumbler microchip; a wireless
scanning device capable of acquiring, intercepting, receiving, or
otherwise facilitating the use of telecommunications service or
information service without immediate detection; or a device,
equipment, hardware, or software designed for, or capable of,
altering or changing the electronic serial number in a wireless
telephone.
(BB)(1)(28)(a)
"Information
service" means, subject to division (BB)(2)(A)(28)(b)
of
this section, the offering of a capability for generating, acquiring,
storing, transforming, processing, retrieving, utilizing, or making
available information via telecommunications, including, but not
limited to, electronic publishing.
(2)(b)
"Information
service" does not include any use of a capability of a type
described in division (BB)(1)(A)(28)(a)
of
this section for the management, control, or operation of a
telecommunications system or the management of a telecommunications
service.
(CC)(29)
"Elderly
person" means a person who is sixty-five years of age or older.
(DD)(30)
"Disabled
adult" means a person who is eighteen years of age or older and
has some impairment of body or mind that makes the person unable to
work at any substantially remunerative employment that the person
otherwise would be able to perform and that will, with reasonable
probability, continue for a period of at least twelve months without
any present indication of recovery from the impairment, or who is
eighteen years of age or older and has been certified as permanently
and totally disabled by an agency of this state or the United States
that has the function of so classifying persons.
(EE)(31)
"Firearm"
and "dangerous ordnance" have the same meanings as in
section 2923.11 of the Revised Code.
(FF)(32)
"Motor
vehicle" has the same meaning as in section 4501.01 of the
Revised Code.
(GG)(33)
"Dangerous
drug" has the same meaning as in section 4729.01 of the Revised
Code.
(HH)(34)
"Drug
abuse offense" has the same meaning as in section 2925.01 of the
Revised Code.
(II)(1)(35)(a)
"Computer
hacking" means any of the following:
(a)(i)
Gaining
access or attempting to gain access to all or part of a computer,
computer system, or a computer network without express or implied
authorization with the intent to defraud or with intent to commit a
crime;
(b)(ii)
Misusing
computer or network services including, but not limited to, mail
transfer programs, file transfer programs, proxy servers, and web
servers by performing functions not authorized by the owner of the
computer, computer system, or computer network or other person
authorized to give consent. As used in this division, "misuse of
computer and network services" includes, but is not limited to,
the unauthorized use of any of the following:
(i)(I)
Mail
transfer programs to send mail to persons other than the authorized
users of that computer or computer network;
(ii)(II)
File
transfer program proxy services or proxy servers to access other
computers, computer systems, or computer networks;
(iii)(III)
Web
servers to redirect users to other web pages or web servers.
(c)(i)(iii)(I)
Subject
to division (II)(1)(c)(ii)(A)(35)(a)(iii)(II)
of
this section, using a group of computer programs commonly known as
"port scanners" or "probes" to intentionally
access any computer, computer system, or computer network without the
permission of the owner of the computer, computer system, or computer
network or other person authorized to give consent. The group of
computer programs referred to in this division includes, but is not
limited to, those computer programs that use a computer network to
access a computer, computer system, or another computer network to
determine any of the following: the presence or types of computers or
computer systems on a network; the computer network's facilities and
capabilities; the availability of computer or network services; the
presence or versions of computer software including, but not limited
to, operating systems, computer services, or computer contaminants;
the presence of a known computer software deficiency that can be used
to gain unauthorized access to a computer, computer system, or
computer network; or any other information about a computer, computer
system, or computer network not necessary for the normal and lawful
operation of the computer initiating the access.
(ii)(II)
The
group of computer programs referred to in division
(II)(1)(c)(i)(A)(35)(a)(iii)(I)
of
this section does not include standard computer software used for the
normal operation, administration, management, and test of a computer,
computer system, or computer network including, but not limited to,
domain name services, mail transfer services, and other operating
system services, computer programs commonly called "ping,"
"tcpdump," and "traceroute" and other network
monitoring and management computer software, and computer programs
commonly known as "nslookup" and "whois" and
other systems administration computer software.
(d)(iv)
The
intentional use of a computer, computer system, or a computer network
in a manner that exceeds any right or permission granted by the owner
of the computer, computer system, or computer network or other person
authorized to give consent.
(2)(b)
"Computer
hacking" does not include the introduction of a computer
contaminant, as defined in section 2909.01 of the Revised Code, into
a computer, computer system, computer program, or computer network.
(JJ)(36)
"Police
dog
or horse
animal"
has the same meaning as in division
(F) of section
2921.321
2921.01
of
the Revised Code.
(KK)(37)
"Anhydrous
ammonia" is a compound formed by the combination of two gaseous
elements, nitrogen and hydrogen, in the manner described in this
division. Anhydrous ammonia is one part nitrogen to three parts
hydrogen (NH3). Anhydrous ammonia by weight is fourteen parts
nitrogen to three parts hydrogen, which is approximately eighty-two
per cent nitrogen to eighteen per cent hydrogen.
(LL)(38)
"Assistance
dog" has the same meaning as in section 955.011 of the Revised
Code.
(MM)(39)
"Federally
licensed firearms dealer" has the same meaning as in section
5502.63 of the Revised Code.
(NN)(40)
"Active
duty service member" means any member of the armed forces of the
United States performing active duty under title 10 of the United
States Code.
(41) "Voice over internet protocol service" has the same meaning as in section 4927.01 of the Revised Code.
(B) As used in section 2913.04 of the Revised Code:
(1) "Cable operator" means any person or group of persons that does either of the following:
(a) Provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in that cable system;
(b) Otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system.
(2) "Cable service" means any of the following:
(a) The one-way transmission to subscribers of video programming or of information that a cable operator makes available to all subscribers generally;
(b) Subscriber interaction, if any, that is required for the selection or use of video programming or of information that a cable operator makes available to all subscribers generally, both as described in division (B)(2)(a) of this section;
(c) Any cable television service.
(3) "Cable system" means any facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community. "Cable system" does not include any of the following:
(a) Any facility that serves only to retransmit the television signals of one or more television broadcast stations;
(b) Any facility that serves subscribers without using any public right-of-way;
(c) Any facility of a common carrier that, under 47 U.S.C. 522(7)(c), is excluded from the term "cable system" as defined in 47 U.S.C. 522(7);
(d) Any open video system that complies with 47 U.S.C. 573;
(e) Any facility of any electric utility used solely for operating its electric utility system.
(C) As used in section 2913.07 of the Revised Code:
(1) "Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology existing on, or developed after, March 9, 2004.
(2) "Facility" means a movie theater.
(D) As used in section 2913.11 of the Revised Code:
(1) "Check" includes any form of debit from a demand deposit account, including, but not limited to any of the following:
(a) A check, bill of exchange, draft, order of withdrawal, or similar negotiable or nonnegotiable instrument;
(b) An electronic check, electronic transaction, debit card transaction, check card transaction, substitute check, web check, or any form of automated clearing house transaction.
(2) "Issue a check" means causing any form of debit from a demand deposit account.
(E) As used in section 2913.30 of the Revised Code:
(1) "Access device" means any debit or credit card representing a monetary security or retail amount by any financial institution, including a bank, savings bank, savings and loan association, credit union, or business entity.
(2) "Obligation or other security" means an instrument recognized as currency or legal tender or that is issued by the United States treasury, including bills, coins, bonds, or checks.
(F) As used in section 2913.34 of the Revised Code:
(1)(a) Except as provided in division (F)(1)(b) of this section, "counterfeit mark" means a spurious trademark or a spurious service mark that satisfies both of the following:
(i) It is identical with or substantially indistinguishable from a mark that is registered on the principal register in the United States patent and trademark office for the same goods or services as the goods or services to which or in connection with which the spurious trademark or spurious service mark is attached, affixed, or otherwise used or from a mark that is registered with the secretary of state pursuant to sections 1329.54 to 1329.67 of the Revised Code for the same goods or services as the goods or services to which or in connection with which the spurious trademark or spurious service mark is attached, affixed, or otherwise used, and the owner of the registration uses the registered mark, whether or not the offender knows that the mark is registered in a manner described in division (F)(1)(a)(i) of this section.
(ii) Its use is likely to cause confusion or mistake or to deceive other persons.
(b) "Counterfeit mark" does not include a mark or other designation that is attached to, affixed to, or otherwise used in connection with goods or services if the holder of the right to use the mark or other designation authorizes the manufacturer, producer, or vendor of those goods or services to attach, affix, or otherwise use the mark or other designation in connection with those goods or services at the time of their manufacture, production, or sale.
(2) "Cumulative sales price" means the product of the lowest single unit sales price charged or sought to be charged by an offender for goods to which or in connection with which a counterfeit mark is attached, affixed, or otherwise used or of the lowest single service transaction price charged or sought to be charged by an offender for services in connection with which a counterfeit mark is used, multiplied by the total number of those goods or services, whether or not units of goods are sold or are in an offender's possession, custody, or control.
(3) "Registered trademark or service mark" means a trademark or service mark that is registered in a manner described in division (F)(1) of this section.
(4) "Trademark" and "service mark" have the same meanings as in section 1329.54 of the Revised Code.
(G) As used in section 2913.40 of the Revised Code:
(1) "Provider" means any person who has signed a provider agreement with the department of medicaid to provide goods or services pursuant to the medicaid program or any person who has signed an agreement with a party to such a provider agreement under which the person agrees to provide goods or services that are reimbursable under the medicaid program.
(2) "Provider agreement" has the same meaning as in section 5164.01 of the Revised Code.
(3) "Recipient" means any individual who receives goods or services from a provider under the medicaid program.
(4) "Records" means any medical, professional, financial, or business records relating to the treatment or care of any recipient, to goods or services provided to any recipient, or to rates paid for goods or services provided to any recipient and any records that are required by the rules of the medicaid director to be kept for the medicaid program.
(5) "Statement or representation" means any oral, written, electronic, electronic impulse, or magnetic communication that is used to identify an item of goods or a service for which reimbursement may be made under the medicaid program or that states income and expense and is or may be used to determine a rate of reimbursement under the medicaid program.
(H) As used in section 2913.41 of the Revised Code:
(1) "Medicaid services" has the same meaning as in section 5164.01 of the Revised Code.
(2) "Property" means any real or personal property or other asset in which a person has any legal title or interest.
(I) As used in section 2913.46 of the Revised Code:
(1) "Access device" means any card, plate, code, account number, or other means of access that can be used, alone or in conjunction with another access device, to obtain payments, allotments, benefits, money, goods, or other things of value or that can be used to initiate a transfer of funds pursuant to section 5101.33 of the Revised Code and the "Food and Nutrition Act of 2008," 7 U.S.C. 2011 et seq., or any supplemental food program administered by any department of this state or any county or local agency pursuant to section 17 of the "Child Nutrition Act of 1966," 42 U.S.C. 1786. An "access device" may include any electronic debit card or other means authorized by section 5101.33 of the Revised Code.
(2) "Aggregate value of supplemental nutrition assistance program benefits, WIC program benefits, and electronically transferred benefits involved in the violation" means the total face value of any supplemental nutrition assistance program benefits, plus the total face value of WIC program coupons or delivery verification receipts, plus the total value of other WIC program benefits, plus the total value of any electronically transferred benefit or other access device, involved in the violation.
(3) "Electronically transferred benefit" means the transfer of supplemental nutrition assistance program benefits or WIC program benefits through the use of an access device.
(4) "Organization" means a corporation for profit or not for profit, partnership, limited partnership, joint venture, unincorporated nonprofit association, estate, trust, or other commercial or legal entity. Organization does not include an entity organized as or by a governmental agency for the execution of a governmental program.
(5) "Total value of any electronically transferred benefit or other access device" means the total value of the payments, allotments, benefits, money, goods, or other things of value that may be obtained, or the total value of funds that may be transferred, by use of any electronically transferred benefit or other access device at the time of violation.
(6) "WIC program benefits" includes money, coupons, delivery verification receipts, other documents, food, or other property received directly or indirectly pursuant to section 17 of the "Child Nutrition Act of 1966," 42 U.S.C. 1786.
(J) As used in section 2913.47 of the Revised Code:
(1) "Data" has the same meaning as in division (A) of this section and additionally includes any other representation of information, knowledge, facts, concepts, or instructions that are being or have been prepared in a formalized manner.
(2) "Deceptive" means that a statement, in whole or in part, would cause another to be deceived because it contains a misleading representation, withholds information, prevents the acquisition of information, or by any other conduct, act, or omission creates, confirms, or perpetuates a false impression, including, but not limited to, a false impression as to law, value, state of mind, or other objective or subjective fact.
(3) "Insurer" means any person that is authorized to engage in the business of insurance in this state under Title XXXIX of the Revised Code, the Ohio fair plan underwriting association created under section 3929.43 of the Revised Code, any health insuring corporation, and any legal entity that is self-insured and provides benefits to its employees or members.
(4) "Policy" means a policy, certificate, contract, or plan that is issued by an insurer.
(5) "Statement" includes, but is not limited to, any notice, letter, or memorandum; proof of loss; bill of lading; receipt for payment; invoice, account, or other financial statement; estimate of property damage; bill for services; diagnosis or prognosis; prescription; hospital, medical, or dental chart or other record; x-ray, photograph, videotape, or movie film; test result; other evidence of loss, injury, or expense; computer-generated document; and data in any form.
(K) As used in section 2913.48 of the Revised Code:
(1) "Claim" means any attempt to cause the bureau, an independent third party with whom the administrator or an employer contracts under section 4121.44 of the Revised Code, or a self-insuring employer to make payment or reimbursement for workers' compensation benefits.
(2) "Employer," "employee," and "self-insuring employer" have the same meanings as in section 4123.01 of the Revised Code.
(3) "Employment" means participating in any trade, occupation, business, service, or profession for substantial gainful remuneration.
(4) "False" means wholly or partially untrue or deceptive.
(5) "Goods" includes, but is not limited to, medical supplies, appliances, rehabilitative equipment, and any other apparatus or furnishing provided or used in the care, treatment, or rehabilitation of a claimant for workers' compensation benefits.
(6) "Records" means any medical, professional, financial, or business record relating to the treatment or care of any person, to goods or services provided to any person, or to rates paid for goods or services provided to any person, or any record that the administrator of workers' compensation requires pursuant to rule.
(7) "Remuneration" includes, but is not limited to, wages, commissions, rebates, and any other reward or consideration.
(8) "Services" includes, but is not limited to, any service provided by any health care provider to a claimant for workers' compensation benefits and any and all services provided by the bureau as part of workers' compensation insurance coverage.
(9) "Statement" includes, but is not limited to, any oral, written, electronic, electronic impulse, or magnetic communication notice, letter, memorandum, receipt for payment, invoice, account, financial statement, or bill for services; a diagnosis, prognosis, prescription, hospital, medical, or dental chart or other record; and a computer-generated document.
(10) "Workers' compensation benefits" means any compensation or benefits payable under Chapter 4121., 4123., 4127., or 4131. of the Revised Code.
(L) As used in section 2913.49 of the Revised Code, "personal identifying information" includes, but is not limited to, the following: the name, address, telephone number, driver's license, driver's license number, commercial driver's license, commercial driver's license number, state identification card, state identification card number, social security card, social security number, birth certificate, place of employment, employee identification number, mother's maiden name, demand deposit account number, savings account number, money market account number, mutual fund account number, other financial account number, personal identification number, password, or credit card number of a living or dead individual.
(M) As used in section 2913.72 of the Revised Code:
(1) "Rentee" means a person who pays consideration to a renter for the use of rented property.
(2) "Renter" means a person who owns rented property.
(N) As used in section 2913.73 of the Revised Code, "lacks the capacity to consent" means being impaired for any reason to the extent that the person lacks sufficient understanding or capacity to make and carry out reasonable decisions concerning the person or the person's resources.
(O) As used in section 2913.82 of the Revised Code, "major part" has the same meaning as in the "Motor Vehicle Theft Law Enforcement Act of 1984," 15 U.S.C. 2021 (7).
Sec. 2913.02. (A) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways:
(1) Without the consent of the owner or person authorized to give consent;
(2) Beyond the scope of the express or implied consent of the owner or person authorized to give consent;
(3) By deception;
(4) By threat;
(5) By intimidation.
(B)(1)
Whoever
Except
as provided in divisions (B)(2) and (3) of this section, whoever
violates
this section is guilty of theft.
Unless
the measured value of the violation requires that the offense be
enhanced under division (A) of section 2913.90 of the Revised Code,
or prior offenses require that the offense be enhanced under division
(B) of that section, theft is a misdemeanor of the third degree.
(2)
Except
as otherwise provided in this division or division (B)(3), (4), (5),
(6), (7), (8), or (9) of this section, a violation of this section is
petty theft, a misdemeanor of the first degree. If the value of the
property or services stolen is one thousand dollars or more and is
less than seven thousand five hundred dollars or if the property
stolen is any of the property listed in section 2913.71 of the
Revised Code, a violation of this section is theft, a felony of the
fifth degree. If the value of the property or services stolen is
seven thousand five hundred dollars or more and is less than one
hundred fifty thousand dollars, a violation of this section is grand
theft, a felony of the fourth degree. If the value of the property or
services stolen is one hundred fifty thousand dollars or more and is
less than seven hundred fifty thousand dollars, a violation of this
section is aggravated theft, a felony of the third degree. If the
value of the property or services is seven hundred fifty thousand
dollars or more and is less than one million five hundred thousand
dollars, a violation of this section is aggravated theft, a felony of
the second degree. If the value of the property or services stolen is
one million five hundred thousand dollars or more, a violation of
this section is aggravated theft of one million five hundred thousand
dollars or more, a felony of the first degree.
(3)
Except as otherwise provided in division (B)(4), (5), (6), (7), (8),
or (9) of this section, if the victim of the offense is an elderly
person, disabled adult, active duty service member, or spouse of an
active duty service member, a violation of this section is theft from
a person in a protected class, and division (B)(3) of this section
applies. Except as otherwise provided in this division, theft from a
person in a protected class is a felony of the fifth degree. If the
value of the property or services stolen is one thousand dollars or
more and is less than seven thousand five hundred dollars, theft from
a person in a protected class is a felony of the fourth degree. If
the value of the property or services stolen is seven thousand five
hundred dollars or more and is less than thirty-seven thousand five
hundred dollars, theft from a person in a protected class is a felony
of the third degree. If the value of the property or services stolen
is thirty-seven thousand five hundred dollars or more and is less
than one hundred fifty thousand dollars, theft from a person in a
protected class is a felony of the second degree. If the value of the
property or services stolen is one hundred fifty thousand dollars or
more, theft from a person in a protected class is a felony of the
first degree. If the victim of the offense is an elderly person, in
addition to any other penalty imposed for the offense, the offender
shall be required to pay full restitution to the victim and to pay a
fine of up to fifty thousand dollars. The clerk of court shall
forward all fines collected under division (B)(3) of this section to
the county department of job and family services to be used for the
reporting and investigation of elder abuse, neglect, and exploitation
or for the provision or arrangement of protective services under
sections 5101.61 to 5101.71 of the Revised Code.
(4)
If the property stolen is a firearm or dangerous ordnance, a
violation of this section is grand theft. Except as otherwise
provided in this division, grand theft when the property stolen is a
firearm or dangerous ordnance is a felony of the third degree, and
there is a presumption in favor of the court imposing a prison term
for the offense. If the firearm or dangerous ordnance was stolen from
a federally licensed firearms dealer, grand theft when the property
stolen is a firearm or dangerous ordnance is a felony of the first
degree. The offender shall serve a prison term imposed for grand
theft when the property stolen is a firearm or dangerous ordnance
consecutively to any other prison term or mandatory prison term
previously or subsequently imposed upon the offender.
(5)
If the property stolen is a motor vehicle, a violation of this
section is grand theft of a motor vehicle, a felony of the fourth
degree.
(6)
If the property stolen is any dangerous drug, a violation of this
section is theft of drugs, a felony of the fourth degree, or, if the
offender previously has been convicted of a felony drug abuse
offense, a felony of the third degree.
(7)
If the property stolen is a police dog or horse or an assistance dog
and the offender knows or should know that the property stolen is a
police dog or horse or an assistance dog, a violation of this section
is theft of a police dog or horse or an assistance dog, a felony of
the third degree.
(8)
If the property stolen is anhydrous ammonia, a violation of this
section is theft of anhydrous ammonia, a felony of the third degree.
(9)
Except as provided in division (B)(2) of this section with respect to
property with a value of seven thousand five hundred dollars or more
and division (B)(3) of this section with respect to property with a
value of one thousand dollars or more, if the property stolen is a
special purpose article as defined in section 4737.04 of the Revised
Code or is a bulk merchandise container as defined in section
4737.012 of the Revised Code, a violation of this section is theft of
a special purpose article or articles or theft of a bulk merchandise
container or containers, a felony of the fifth degree.
(10)
In addition to the penalties described in division (B)(2) of this
section, if the offender committed the violation by causing a motor
vehicle to leave the premises of an establishment at which gasoline
is offered for retail sale without the offender making full payment
for gasoline that was dispensed into the fuel tank of the motor
vehicle or into another container, the court may do one of the
following:
(a)
Unless division (B)(10)(b) of this section applies, suspend for not
more than six months the offender's driver's license, probationary
driver's license, commercial driver's license, temporary instruction
permit, or nonresident operating privilege;
(b)
If the offender's driver's license, probationary driver's license,
commercial driver's license, temporary instruction permit, or
nonresident operating privilege has previously been suspended
pursuant to division (B)(10)(a) of this section, impose a class seven
suspension of the offender's license, permit, or privilege from the
range specified in division (A)(7) of section 4510.02 of the Revised
Code, provided that the suspension shall be for at least six months.
(c)
The court, in lieu of suspending the offender's driver's or
commercial driver's license, probationary driver's license, temporary
instruction permit, or nonresident operating privilege pursuant to
division (B)(10)(a) or (b) of this section, instead may require the
offender to perform community service for a number of hours
determined by the court.
(11)
In addition to the penalties described in division (B)(2) of this
section, if the offender committed the violation by stealing rented
property or rental services, the court may order that the offender
make restitution pursuant to section 2929.18 or 2929.28 of the
Revised Code. Restitution may include, but is not limited to, the
cost of repairing or replacing the stolen property, or the cost of
repairing the stolen property and any loss of revenue resulting from
deprivation of the property due to theft of rental services that is
less than or equal to the actual value of the property at the time it
was rented. Evidence of intent to commit theft of rented property or
rental services shall be determined pursuant to the provisions of
section 2913.72 of the Revised Code.
(C)
The sentencing court that suspends an offender's license, permit, or
nonresident operating privilege under division (B)(10) of this
section may grant the offender limited driving privileges during the
period of the suspension in accordance with Chapter 4510. of the
Revised Code.If
the property stolen is anhydrous ammonia, a violation of this section
is theft of anhydrous ammonia. Unless the measured value of the
violation requires that the offense be enhanced under division (A) of
section 2913.90 of the Revised Code, or prior offenses require that
the offense be enhanced under division (B) of that section, theft of
anhydrous ammonia is a felony of the fifth degree.
(3) If the property stolen is any firearm or dangerous ordinance, a violation of this section is grand theft. Unless the measured value of the violation requires that the offense be enhanced under division (A) of section 2913.90 of the Revised Code, or prior offenses require that the offense be enhanced under division (B) of that section, grand theft is a felony of the third degree.
(C) For purposes of enhancement under division (A) of section 2913.90 of the Revised Code, the measured value of a violation of this section is the value of the property or services stolen.
Sec. 2913.03. (A) No person shall knowingly use or operate an aircraft, motor vehicle, motorcycle, motorboat, or other motor-propelled vehicle without the consent of the owner or person authorized to give consent.
(B) No person shall knowingly use or operate an aircraft, motor vehicle, motorboat, or other motor-propelled vehicle without the consent of the owner or person authorized to give consent, and either remove it from this state or keep possession of it for more than forty-eight hours.
(C) The following are affirmative defenses to a charge under this section:
(1) At the time of the alleged offense, the actor, though mistaken, reasonably believed that the actor was authorized to use or operate the property.
(2) At the time of the alleged offense, the actor reasonably believed that the owner or person empowered to give consent would authorize the actor to use or operate the property.
(D)(1)(D)
Whoever
violates this section is guilty of unauthorized use of a vehicle.
(2)
Except as otherwise provided in division (D)(4) of this section, a A
violation
of division (A) of this section is a misdemeanor of the first
third
degree.
(3)
Except as otherwise provided in division (D)(4) of this section, a A
violation
of division (B) of this section is a felony
misdemeanor
of
the fifth
first
degree.
(4)
If the victim of the offense is an elderly person or disabled adult
and if the victim incurs a loss as a result of the violation, a
violation of division (A) or (B) of this section is whichever of the
following is applicable:
(a)
Except as otherwise provided in division (D)(4)(b), (c), or (d) of
this section, a felony of the fifth degree;
(b)
If the loss to the victim is one thousand dollars or more and is less
than seven thousand five hundred dollars, a felony of the fourth
degree;
(c)
If the loss to the victim is seven thousand five hundred dollars or
more and is less than thirty-seven thousand five hundred dollars, a
felony of the third degree;
(d)
If the loss to the victim is thirty-seven thousand five hundred
dollars or more, a felony of the second degree.
Sec. 2913.04. (A) No person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give consent.
(B)
No
person, in any manner and by any means, including, but not limited
to, computer hacking, shall knowingly gain access to, attempt to gain
access to, or cause access to be gained to any computer, computer
system, computer network, cable service, cable system,
telecommunications device, telecommunications service, or information
service without the consent of, or beyond the scope of the express or
implied consent of, the owner of the computer, computer system,
computer network, cable service, cable system, telecommunications
device, telecommunications service, or information service or other
person authorized to give consent.
(C)
Except
as permitted under section 5503.101 of the Revised Code, no person
shall knowingly gain access to,
attempt
to gain access to,
cause
access to be granted to, or disseminate information gained from
access to the law enforcement automated database system created
pursuant
to under
section
5503.10 of the Revised Code without the consent of, or beyond the
scope of the express or implied consent of, the chair of the law
enforcement automated data system steering committee.
(D)(C)
No
person shall knowingly gain access to,
attempt
to gain access to,
cause
access to be granted to, or disseminate information gained from
access to the Ohio law enforcement gateway established and operated
pursuant
to under
division
(C)(1) of section 109.57 of the Revised Code without the consent of,
or beyond the scope of the express or implied consent of, the
superintendent of the bureau of criminal identification and
investigation.
(E)(D)
The
affirmative defenses contained in division (C) of section 2913.03 of
the Revised Code are affirmative defenses to a charge under this
section.
(F)(1)(E)(1)
Whoever
violates division (A) of this section is guilty of unauthorized use
of property.
(2)
Except
as otherwise provided in division (F)(3) or (4) of this section
Unless
the measured value of the violation requires that the offense be
enhanced under division (A) of section 2913.90 of the Revised Code,
or prior offenses require that the offense be enhanced under division
(B) of that section,
unauthorized use of property is a misdemeanor of the fourth
third
degree.
(3)
Except
as otherwise provided in division (F)(4) of this section, if
unauthorized use of property is committed for the purpose of devising
or executing a scheme to defraud or to obtain property or services,
unauthorized use of property is whichever of the following is
applicable:
(a)
Except as otherwise provided in division (F)(3)(b), (c), or (d) of
this section, a misdemeanor of the first degree.
(b)
If the value of the property or services or the loss to the victim is
one thousand dollars or more and is less than seven thousand five
hundred dollars, a felony of the fifth degree.
(c)
If the value of the property or services or the loss to the victim is
seven thousand five hundred dollars or more and is less than one
hundred fifty thousand dollars, a felony of the fourth degree.
(d)
If the value of the property or services or the loss to the victim is
one hundred fifty thousand dollars or more, a felony of the third
degree.
(4)
If the victim of the offense is an elderly person or disabled adult,
unauthorized use of property is whichever of the following is
applicable:
(a)
Except as otherwise provided in division (F)(4)(b), (c), or (d) of
this section, a felony of the fifth degree;
(b)
If the value of the property or services or loss to the victim is one
thousand dollars or more and is less than seven thousand five hundred
dollars, a felony of the fourth degree;
(c)
If the value of the property or services or loss to the victim is
seven thousand five hundred dollars or more and is less than
thirty-seven thousand five hundred dollars, a felony of the third
degree;
(d)
If the value of the property or services or loss to the victim is
thirty-seven thousand five hundred dollars or more, a felony of the
second degree.
(G)(1)
Whoever violates division (B) of this section is guilty of
unauthorized use of computer, cable, or telecommunication property,
and shall be punished as provided in division (G)(2), (3), or (4) of
this section.
(2)
Except as otherwise provided in division (G)(3) or (4) of this
section, unauthorized use of computer, cable, or telecommunication
property is a felony of the fifth degree.
(3)
Except as otherwise provided in division (G)(4) of this section, if
unauthorized use of computer, cable, or telecommunication property is
committed for the purpose of devising or executing a scheme to
defraud or to obtain property or services, for obtaining money,
property, or services by false or fraudulent pretenses, or for
committing any other criminal offense, unauthorized use of computer,
cable, or telecommunication property is whichever of the following is
applicable:
(a)
Except as otherwise provided in division (G)(3)(b) of this section,
if the value of the property or services involved or the loss to the
victim is seven thousand five hundred dollars or more and less than
one hundred fifty thousand dollars, a felony of the fourth degree;
(b)
If the value of the property or services involved or the loss to the
victim is one hundred fifty thousand dollars or more, a felony of the
third degree.
(4)
If the victim of the offense is an elderly person or disabled adult,
unauthorized use of computer, cable, or telecommunication property is
whichever of the following is applicable:
(a)
Except as otherwise provided in division (G)(4)(b), (c), or (d) of
this section, a felony of the fifth degree;
(b)
If the value of the property or services or loss to the victim is one
thousand dollars or more and is less than seven thousand five hundred
dollars, a felony of the fourth degree;
(c)
If the value of the property or services or loss to the victim is
seven thousand five hundred dollars or more and is less than
thirty-seven thousand five hundred dollars, a felony of the third
degree;
(d)
If the value of the property or services or loss to the victim is
thirty-seven thousand five hundred dollars or more, a felony of the
second degree.
(H)
For
purposes of enhancement under division (A) of section 2913.90 of the
Revised Code, the measured value of a violation of division (A) of
this section is the value of the property or services or loss to the
victim.
(F)
Whoever
violates division (C)
(B)
of
this section is guilty of unauthorized use of the law enforcement
automated database system, a felony of the fifth degree.
(I)(G)
Whoever
violates division (D)(C)
of
this section is guilty of unauthorized use of the Ohio law
enforcement gateway, a felony of the fifth degree.
(J)
As used in this section:
(1)
"Cable operator" means any person or group of persons that
does either of the following:
(a)
Provides cable service over a cable system and directly or through
one or more affiliates owns a significant interest in that cable
system;
(b)
Otherwise controls or is responsible for, through any arrangement,
the management and operation of a cable system.
(2)
"Cable service" means any of the following:
(a)
The one-way transmission to subscribers of video programming or of
information that a cable operator makes available to all subscribers
generally;
(b)
Subscriber interaction, if any, that is required for the selection or
use of video programming or of information that a cable operator
makes available to all subscribers generally, both as described in
division (J)(2)(a) of this section;
(c)
Any cable television service.
(3)
"Cable system" means any facility, consisting of a set of
closed transmission paths and associated signal generation,
reception, and control equipment that is designed to provide cable
service that includes video programming and that is provided to
multiple subscribers within a community. "Cable system"
does not include any of the following:
(a)
Any facility that serves only to retransmit the television signals of
one or more television broadcast stations;
(b)
Any facility that serves subscribers without using any public
right-of-way;
(c)
Any facility of a common carrier that, under 47 U.S.C.A. 522(7)(c),
is excluded from the term "cable system" as defined in 47
U.S.C.A. 522(7);
(d)
Any open video system that complies with 47 U.S.C.A. 573;
(e)
Any facility of any electric utility used solely for operating its
electric utility system.
Sec. 2913.041. (A) No person shall knowingly possess any device, including any instrument, apparatus, computer chip, equipment, decoder, descrambler, converter, software, or other device specially adapted, modified, or remanufactured for gaining access to cable television service, without securing authorization from or paying the required compensation to the owner or operator of the system that provides the cable television service.
(B) No person shall knowingly sell, distribute, or manufacture any device, including any instrument, apparatus, computer chip, equipment, decoder, descrambler, converter, software, or other device specially adapted, modified, or remanufactured for gaining access to cable television service, without securing authorization from or paying the required compensation to the owner or operator of the system that provides the cable television service.
(C)
Whoever violates division
(A) of this
section is guilty of possession of an unauthorized device, a felony
of the fifth degree.
Whoever
violates division (B) of this section is guilty of sale of an
unauthorized device, a felony of the fourth degree.
(D)
A person commits a separate violation of this section with regard to
each device that is sold, distributed, manufactured, or possessed in
violation of division
(A) or (B) of this
section.
Sec. 2913.05. (A) No person, having devised a scheme to defraud, shall knowingly disseminate, transmit, or cause to be disseminated or transmitted by means of a wire, radio, satellite, telecommunication, telecommunications device, telecommunications service, or voice over internet protocol service any writing, data, sign, signal, picture, sound, or image with purpose to execute or otherwise further the scheme to defraud.
(B) No person, with the intent to defraud, cause harm, or wrongfully obtain anything of value, shall knowingly cause, directly or indirectly, any caller identification service to transmit or display misleading or inaccurate caller identification information in connection with any telecommunication service or voice over internet protocol service.
(C) Divisions (A) and (B) of this section do not apply to any of the following:
(1) A person who uses a telephone number that is identified as "unknown" or "blocked" or who leaves a message and includes the person's true identity;
(2) Any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a state, a county, or a political subdivision of a state;
(3) Any activity engaged in pursuant to a court order that specifically authorizes the use of caller identification manipulation.
(D) Whoever violates this section is guilty of telecommunications fraud. Unless the measured value of the violation requires that the offense be enhanced under division (A) of section 2913.90 of the Revised Code, or prior offenses require that the offense be enhanced under division (B) of that section, telecommunications fraud is a misdemeanor of the first degree.
(E)(1) For purposes of enhancement under division (A) of section 2913.90 of the Revised Code, the measured value of a violation of this section is the value of the benefit obtained by the offender or of the detriment to the victim.
(2)
If
an offender commits a violation of division
(A) or (B) of this
section and the violation occurs as part of a course of conduct
involving other violations of division
(A) or (B) of this
section or violations of, attempts to violate, conspiracies to
violate, or complicity in violations of section 2913.02, 2913.04,
2913.08,
2913.11,
2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code,
the court, in determining the degree
of the offense pursuant to division (E) of this section
measured
value of the violation for purposes of enhancement under division (A)
of section 2913.90 of the Revised Code,
may aggregate the value of the benefit obtained by the offender or of
the detriment to the victim of the fraud in the violations involved
in that course of conduct. The course of conduct may involve one
victim or more than one victim.
(E)(1)
Whoever violates this section is guilty of telecommunications fraud.
Except as otherwise provided in this division, telecommunications
fraud is a felony of the fifth degree. If the value of the benefit
obtained by the offender or of the detriment to the victim of the
fraud is one thousand dollars or more but less than seven thousand
five hundred dollars, telecommunications fraud is a felony of the
fourth degree. If the value of the benefit obtained by the offender
or of the detriment to the victim of the fraud is seven thousand five
hundred dollars or more but less than one hundred fifty thousand
dollars, telecommunications fraud is a felony of the third degree. If
the value of the benefit obtained by the offender or of the detriment
to the victims of the fraud is one hundred fifty thousand dollars or
more but less than one million dollars, telecommunications fraud is a
felony of the second degree. If the value of the benefit obtained by
the offender or of the detriment to the victims of the fraud is one
million dollars or more, telecommunications fraud is a felony of the
first degree.
(2)
If the victim of a violation of this section is an elderly person,
disabled adult, active duty service member, or spouse of an active
duty service member, telecommunications fraud is a felony of the
fourth degree.
(F)
As used in this section, "voice over internet protocol service"
has the same meaning as in section 4927.01 of the Revised Code.
Sec. 2913.06. (A) No person shall knowingly manufacture, possess, deliver, offer to deliver, or advertise a counterfeit telecommunications device with purpose to use it criminally.
(B)
No person shall knowingly manufacture, possess, deliver, offer to
deliver, or advertise a counterfeit telecommunications device with
purpose to use or
allow that
device or
to allow that device to
be used, or knowing or having reason
reasonable
cause to
know
believe
that
another person may use that device, to do
any of the following:
(1)
Obtain or attempt to obtain telecommunications service or information
service with purpose to avoid a lawful charge for that service or aid
or cause another person to obtain or attempt to obtain
telecommunications service or information service with purpose to
avoid a lawful charge for that service;
(2)
Conceal conceal
the
existence, place of origin, or destination of a telecommunications
service or information service.
(C)
Whoever violates this section is guilty of unlawful use of a
telecommunications device,.
Except as otherwise provided in this division, unlawful use of a
telecommunications device is a misdemeanor of the first degree. If
the offender previously has been convicted of or pleaded guilty to a
violation of this section, unlawful use of a telecommunications
device is
a
felony of the fifth degree.
(D) This section does not prohibit or restrict a person who holds an amateur service license issued by the federal communications commission from possessing a radio receiver or transceiver that is intended primarily or exclusively for use in the amateur radio service and is used for lawful purposes.
(E) This section does not preclude a person from disputing charges imposed for telecommunications service or information service by the provider of that service.
Sec.
2913.07. (A)
As
used in this section:
(1)
"Audiovisual recording function" means the capability of a
device to record or transmit a motion picture or any part of a motion
picture by means of any technology existing on, or developed after,
the effective date of this section.
(2)
"Facility" means a movie theater.
(B)
No
person, without the written consent of the owner or lessee of the
facility and of the licensor of the motion picture, shall knowingly
operate an audiovisual recording function of a device in a facility
in which a motion picture is being shown.
(C)(B)
Whoever
violates division (B)(A)
of
this section is guilty of motion picture piracy,.
Except as otherwise provided in this division, motion picture piracy
is
a
misdemeanor of the first degree
on
the first offense and.
If the offender previously has been convicted of or pleaded guilty to
a violation of division (A) of this section, motion picture piracy is
a
felony of the fifth degree
on
each subsequent offense.
(D)(C)
This
section does not prohibit or restrict a lawfully authorized
investigative, law enforcement, protective, or intelligence gathering
employee or agent of the government of this state or a political
subdivision of this state, or of the federal government, when acting
in an official capacity, from operating an audiovisual recording
function of a device in any facility in which a motion picture is
being shown.
(E)(D)
Division
(B)(A)
of
this section does not limit or affect the application of any other
prohibition in the Revised Code. Any act that is a violation of both
division (B)(A)
of
this section and another provision of the Revised Code may be
prosecuted under this section, under the other provision of the
Revised Code, or under both this section and the other provision of
the Revised Code.
Sec. 2913.08. (A) No person, in any manner and by any means, including, but not limited to, computer hacking, shall knowingly gain access to or cause access to be gained to any computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service, or information service without the consent of, or beyond the scope of the express or implied consent of, the owner of the computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service, or information service or other person authorized to give consent.
(B) No person, in any manner and by any means, including, but not limited to, computer hacking, shall knowingly gain access to or cause access to be gained to any computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service, or information service without the consent of, or beyond the scope of the express or implied consent of, the owner of the computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service, or information service or other person authorized to give consent, for any of the following reasons:
(1) For the purpose of devising or executing a scheme to defraud or to obtain property services;
(2) For obtaining money, property, or services by false or fraudulent pretenses;
(3) For committing any other criminal offense.
(C)(1) Whoever violates division (A) of this section is guilty of unauthorized use of a computer, cable, or telecommunication property, a felony of the fifth degree.
(2) Whoever violates division (B) of this section is guilty of aggravated unauthorized use of a computer, cable, or telecommunication property. Unless the measured value of the violation requires that the offense be enhanced under division (A) of section 2913.90 of the Revised Code, or prior offenses require that the offense be enhanced under division (B) of that section, aggravated unauthorized use of a computer, cable, or telecommunication property is a felony of the fifth degree.
(D) For purposes of enhancement under section 2913.90 of the Revised Code, the measured value of a violation of division (B) of this section is the value of the property or services or loss to the victim.
Sec.
2913.11. (A)
As
used in this section:
(1)
"Check" includes any form of debit from a demand deposit
account, including, but not limited to any of the following:
(a)
A check, bill of exchange, draft, order of withdrawal, or similar
negotiable or non-negotiable instrument;
(b)
An electronic check, electronic transaction, debit card transaction,
check card transaction, substitute check, web check, or any form of
automated clearing house transaction.
(2)
"Issue a check" means causing any form of debit from a
demand deposit account.
(B)
No
person, with purpose to defraud, shall issue or transfer or cause to
be issued or transferred a check or other negotiable instrument,
knowing that it will be dishonored or knowing that a person has
ordered or will order stop payment on the check or other negotiable
instrument.
(C)(B)
For
purposes of this section, a person who issues or transfers a check or
other negotiable instrument is presumed to know that it will be
dishonored if either of the following occurs:
(1) The drawer had no account with the drawee at the time of issue or the stated date, whichever is later;
(2)
The
check or other negotiable instrument Payment
was
properly refused payment
for
insufficient funds upon presentment of
the check or negotiable instrument within
thirty days after issue or the stated date, whichever is later, and
the liability of the
drawer, indorser, or any
party who may be liable thereon is not discharged by payment or
satisfaction within ten days after receiving notice of dishonor.
(D)(C)
Whoever violates this section is guilty of passing bad checks. Unless
the measured value of the violation requires that the offense be
enhanced under division (A) of section 2913.90 of the Revised Code,
or prior offenses require that the offense be enhanced under division
(B) of that section, passing bad checks is a misdemeanor of the third
degree.
(D)(1) For purposes of enhancement under division (A) of section 2913.90 of the Revised Code, the measured value of a violation of this section is the value of the check or checks or other negotiable instrument or instruments issued or transferred in violation of this section.
(2)
In
determining the measured
value
of the payment
violation
for
purposes of enhancement
under division
(E)(A)
of
this
section
2913.90
of the Revised Code,
the court may aggregate all checks and other negotiable instruments
that the offender issued or transferred or caused to be issued or
transferred in violation of division
(A) of this
section within a period of one hundred eighty consecutive days.
(E)
Whoever violates this section is guilty of passing bad checks. Except
as otherwise provided in this division, passing bad checks is a
misdemeanor of the first degree. If the check or checks or other
negotiable instrument or instruments are issued or transferred to a
single vendor or single other person for the payment of one thousand
dollars or more but less than seven thousand five hundred dollars or
if the check or checks or other negotiable instrument or instruments
are issued or transferred to multiple vendors or persons for the
payment of one thousand five hundred dollars or more but less than
seven thousand five hundred dollars, passing bad checks is a felony
of the fifth degree. If the check or checks or other negotiable
instrument or instruments are for the payment of seven thousand five
hundred dollars or more but less than one hundred fifty thousand
dollars, passing bad checks is a felony of the fourth degree. If the
check or checks or other negotiable instrument or instruments are for
the payment of one hundred fifty thousand dollars or more, passing
bad checks is a felony of the third degree.
Sec. 2913.21. (A) No person shall do any of the following:
(1) Practice deception for the purpose of procuring the issuance of a credit card, when a credit card is issued in actual reliance thereon;
(2) Knowingly buy or sell a credit card from or to a person other than the issuer;
(3) As an officer, employee, or appointee of a political subdivision or as a public servant as defined under section 2921.01 of the Revised Code, knowingly misuse a credit card account held by a political subdivision.
(B) No person, with purpose to defraud, shall do any of the following:
(1) Obtain control over a credit card as security for a debt;
(2) Obtain property or services by the use of a credit card, in one or more transactions, knowing or having reasonable cause to believe that the card has expired or been revoked, or was obtained, is retained, or is being used in violation of law;
(3) Furnish property or services upon presentation of a credit card, knowing that the card is being used in violation of law;
(4) Represent or cause to be represented to the issuer of a credit card that property or services have been furnished, knowing that the representation is false.
(C) No person, with purpose to violate this section, shall receive, possess, control, or dispose of a credit card.
(D)(1)
(D)
Whoever
violates this section is guilty of misuse of credit cards.
Unless
the measured value of the violation requires that the offense be
enhanced under division (A) of section 2913.90 of the Revised Code,
or prior offenses require that the offense be enhanced under division
(B) of that section, misuse of credit cards is a misdemeanor of the
third degree
(2)
Except as otherwise provided in division (D)(4) of this section, a
violation of division (A), (B)(1), or (C) of this section is a
misdemeanor of the first degree.
(3)
Except as otherwise provided in this division or division (D)(4) of
this section, a violation of division (B)(2), (3), or (4) of this
section is a misdemeanor of the first degree. If the cumulative
retail value of the property and services involved in one or more
violations of division (B)(2), (3), or (4) of this section, which
violations involve one or more credit card accounts and occur within
a period of ninety consecutive days commencing on the date of the
first violation, is one thousand dollars or more and is less than
seven thousand five hundred dollars, misuse of credit cards in
violation of any of those divisions is a felony of the fifth degree.
If the cumulative retail value of the property and services involved
in one or more violations of division (B)(2), (3), or (4) of this
section, which violations involve one or more credit card accounts
and occur within a period of ninety consecutive days commencing on
the date of the first violation, is seven thousand five hundred
dollars or more and is less than one hundred fifty thousand dollars,
misuse of credit cards in violation of any of those divisions is a
felony of the fourth degree. If the cumulative retail value of the
property and services involved in one or more violations of division
(B)(2), (3), or (4) of this section, which violations involve one or
more credit card accounts and occur within a period of ninety
consecutive days commencing on the date of the first violation, is
one hundred fifty thousand dollars or more, misuse of credit cards in
violation of any of those divisions is a felony of the third degree.
(4)
If the victim of the offense is an elderly person or disabled adult,
and if the offense involves a violation of division (B)(1) or (2) of
this section, division (D)(4) of this section applies. Except as
otherwise provided in division (D)(4) of this section, a violation of
division (B)(1) or (2) of this section is a felony of the fifth
degree. If the debt for which the card is held as security or the
cumulative retail value of the property or services involved in the
violation is one thousand dollars or more and is less than seven
thousand five hundred dollars, a violation of either of those
divisions is a felony of the fourth degree. If the debt for which the
card is held as security or the cumulative retail value of the
property or services involved in the violation is seven thousand five
hundred dollars or more and is less than thirty-seven thousand five
hundred dollars, a violation of either of those divisions is a felony
of the third degree. If the debt for which the card is held as
security or the cumulative retail value of the property or services
involved in the violation is thirty-seven thousand five hundred
dollars or more, a violation of either of those divisions is a felony
of the second degree. In addition to any other penalty imposed under
division (D)(4) of this section, the offender shall be required to
pay full restitution to the victim and to pay a fine of up to fifty
thousand dollars. The clerk of court shall forward all fines
collected under division (D)(4) of this section to the county
department of job and family services to be used for the reporting
and investigation of elder abuse, neglect, and exploitation or for
the provision or arrangement of protective services under sections
5101.61 to 5101.71 of the Revised Code.
(E) For purposes of enhancement under division (A) of section 2913.90 of the Revised Code:
(1) The measured value of a violation of division (B)(1) of this section is the value of the debt for which the card is held as security.
(2) The measured value of a violation of division (B)(2), (3), or (4) of this section is the cumulative retail value of the property or services involved in the violation.
Sec.
2913.30. (A)
As
used in this section:
(1)
"Access device" means any debit or credit card representing
a monetary security or retail amount by any financial institution,
including a bank, savings bank, savings and loan association, credit
union, or business entity.
(2)
"Obligation or other security" means an instrument
recognized as currency or legal tender or that is issued by the
United States treasury, including bills, coins, bonds, or checks.
(B)
No
person, with purpose to defraud or knowing that the person is
facilitating a fraud, shall do any of the following:
(1) Falsely make, forge, counterfeit, or alter any obligation or other security of the United States;
(2) Pass, utter, sell, purchase, conceal, or transfer any counterfeit obligation or other security of the United States;
(3) Possess with the purpose to utter any obligation or other security of the United States, knowing that the obligation or other security has been counterfeited;
(4) Without authorization of the issuer, falsely make, forge, counterfeit, alter, or knowingly possess any access device.
(C)(B)
Whoever
violates this section is guilty of counterfeiting. Except as
otherwise provided in this division, counterfeiting is a felony of
the fourth degree, and in addition, the court shall impose on the
offender a fine from the range of fines for a felony of the fourth
degree that is not less than five hundred dollars.
(1) If the value of the counterfeited obligations or other securities or access devices is five thousand dollars or more and is less than one hundred thousand dollars, or if the offense involves five or more access devices, counterfeiting is a felony of the third degree.
(2) If the value of the counterfeited obligations or other securities or access devices is one hundred thousand dollars or more and is less than one million dollars, counterfeiting is a felony of the second degree.
(3) If the value of the counterfeited obligations or other securities or access devices is one million dollars or more, counterfeiting is a felony of the first degree.
(D)(C)
A
prosecution for a violation of this section does not preclude a
prosecution for a violation of section 2913.02,
or
2913.31,
or 2913.32
of
the Revised Code based on the same conduct. However, if an offender
is convicted of or pleads guilty to a violation of this section and
is also convicted of or pleads guilty to a violation of section
2913.02,
or
2913.31,
or 2913.32
of
the Revised Code based on the same conduct involving the same victim
that was the basis of the violation of this section, the two or more
offenses are allied
offenses of similar import to
be merged under
section 2941.25 of the Revised Code.
Sec.
2913.31. (A)
No person, without
privilege to do so and with
purpose to defraud,
or
knowing that the person is facilitating a fraud, shall do any of the
following:
(1)
Forge any writing
of
another without the other person's authority;
(2)
Forge
any writing so that it purports to be genuine when it actually is
spurious, or to be the act of another who did not authorize that act,
or to have been executed at a time or place or with terms different
from what in fact was the case, or to be a copy of an original when
no such original existed;
(3)
Utter,
or possess with purpose to utter, any writing that the person knows
to have been forged;
(3) Make or alter any object so that it appears to have value that it does not in fact possess;
(4) Utter, or possess with purpose to utter, any object that the person knows to have been made or altered so that it appears to have value that it does not in fact possess.
(B)
No
person shall knowingly do either of the following:
(1)
Forge an identification card;
(2)
Sell or otherwise distribute a card that purports to be an
identification card, knowing it to have been forged.
As
used in this division, "identification card" means a card
that includes personal information or characteristics of an
individual, a purpose of which is to establish the identity of the
bearer described on the card, whether the words "identity,"
"identification," "identification card," or other
similar words appear on the card.
(C)(1)(a)
Whoever
violates division (A) of this section is guilty of forgery.
Unless
the measured value of the violation requires that the offense be
enhanced under division (A) of section 2913.90 of the Revised Code,
or prior offenses require that the offense be enhanced under division
(B) of that section, forgery is a misdemeanor of the first degree.
For purposes of enhancement under division (A) of section 2913.90 of
the Revised Code, the measured value of a violation of this section
is the value of property or services or the loss to the victim.
(b)
Except as otherwise provided in this division or division (C)(1)(c)
of this section and subject to division (C)(1)(d) of this section,
forgery is a felony of the fifth degree. If property or services are
involved in the offense or the victim suffers a loss, forgery is one
of the following:
(i)
If the value of the property or services or the loss to the victim is
seven thousand five hundred dollars or more and is less than one
hundred fifty thousand dollars, a felony of the fourth degree;
(ii)
If the value of the property or services or the loss to the victim is
one hundred fifty thousand dollars or more, a felony of the third
degree.
(c)
If the victim of the offense is an elderly person or disabled adult,
division (C)(1)(c) of this section applies to the forgery. Except as
otherwise provided in division (C)(1)(c) of this section, forgery is
a felony of the fifth degree. If property or services are involved in
the offense or if the victim suffers a loss, forgery is one of the
following:
(i)
If the value of the property or services or the loss to the victim is
one thousand dollars or more and is less than seven thousand five
hundred dollars, a felony of the fourth degree;
(ii)
If the value of the property or services or the loss to the victim is
seven thousand five hundred dollars or more and is less than
thirty-seven thousand five hundred dollars, a felony of the third
degree;
(iii)
If the value of the property or services or the loss to the victim is
thirty-seven thousand five hundred dollars or more, a felony of the
second degree.
(d)
If the victim of the offense is an elderly person, division (C)(1)(d)
of this section applies to the forgery. In addition to any other
penalty imposed for the offense under division (C)(1)(c) of this
section, the offender shall be required to pay full restitution to
the victim and to pay a fine of up to fifty thousand dollars. The
clerk of court shall forward all fines collected under division
(C)(1)(d) of this section to the county department of job and family
services to be used for the reporting and investigation of elder
abuse, neglect, and exploitation or for the provision or arrangement
of protective services under sections 5101.61 to 5101.71 of the
Revised Code.
(2)(a)
Whoever violates division (B) of this section is guilty of forging
identification cards or selling or distributing forged identification
cards. Except as otherwise provided in this division, forging
identification cards or selling or distributing forged identification
cards is a misdemeanor of the first degree. If the offender
previously has been convicted of a violation of division (B) of this
section, forging identification cards or selling or distributing
forged identification cards is a misdemeanor of the first degree and,
in addition, the court shall impose upon the offender a fine of not
less than two hundred fifty dollars.
(b)
If the victim of a violation of division (B) of this section is an
elderly person, division (C)(2)(b) of this section applies to the
offense. In addition to any other penalty imposed for the offense
under division (C)(2)(a) of this section, whoever violates division
(B) of this section shall be required to pay full restitution to the
victim and to pay a fine of up to fifty thousand dollars. The clerk
of court shall forward all fines collected under division (C)(2)(b)
of this section to the county department of job and family services
to be used for the reporting and investigation of elder abuse,
neglect, and exploitation or for the provision or arrangement of
protective services under sections 5101.61 to 5101.71 of the Revised
Code.
Sec.
2911.32
2913.32.
(A)
No person, with purpose to commit theft or to defraud, shall
knowingly enter, force an entrance into, tamper with, or insert any
part of an instrument into any coin machine.
(B)
Whoever violates this section is guilty of tampering with coin
machines, a misdemeanor of the first degree. If the offender
previously has been convicted of a violation of this section
or
of any theft offense as defined in section 2913.01 of the Revised
Code,
tampering with coin machines is a felony of the fifth degree.
Sec.
2913.34. (A)
No person shall knowingly
do
any of the following
with
knowledge that the mark is counterfeit:
(1)
Attach,
affix, or otherwise use a counterfeit mark in connection with the
manufacture of goods or services, whether or not the goods or
services are intended for sale or resale
Manufacture,
use, display, advertise, distribute, offer for sale, sell, or possess
with intent to sell or distribute, any item or service bearing or
identified by a counterfeit mark;
(2)
Possess, sell, or offer for sale tools,
machines, instruments, materials, articles, or other items of
personal property with the knowledge that they are any
item that is designed
for the production or
reproduction of
counterfeit marks;
(3)
Purchase or otherwise acquire goods, and keep or otherwise have the
goods in the person's possession, with the knowledge that a
counterfeit mark is attached to, affixed to, or otherwise used in
connection with the goods and with the intent to sell or otherwise
dispose of the goods;
(4)
Sell, offer for sale, or otherwise dispose of goods with the
knowledge that a counterfeit mark is attached to, affixed to, or
otherwise used in connection with the goods;
(5)
Sell, offer for sale, or otherwise provide services with the
knowledge that a counterfeit mark is used in connection with that
sale, offer for sale, or other provision of the services.
(B)(1)(B)
Whoever
violates this section is guilty of trademark counterfeiting.
Unless
the measured value of the violation requires that the offense be
enhanced under division (A) of section 2913.90 of the Revised Code,
or prior offenses require that the offense be enhanced under division
(B) of that section, trademark counterfeiting is a misdemeanor of the
first degree
(2)
Except as otherwise provided in this division, a violation of
division (A)(1) of this section is a felony of the fifth degree.
Except as otherwise provided in this division, if the cumulative
sales price of the goods or services to which or in connection with
which the counterfeit mark is attached, affixed, or otherwise used in
the offense is five thousand dollars or more but less than one
hundred thousand dollars or if the number of units of goods to which
or in connection with which the counterfeit mark is attached,
affixed, or otherwise used in the offense is more than one hundred
units but less than one thousand units, a violation of division
(A)(1) of this section is a felony of the fourth degree. If the
cumulative sales price of the goods or services to which or in
connection with which the counterfeit mark is attached, affixed, or
otherwise used in the offense is one hundred thousand dollars or more
or if the number of units of goods to which or in connection with
which the counterfeit mark is attached, affixed, or otherwise used in
the offense is one thousand units or more, a violation of division
(A)(1) of this section is a felony of the third degree.
(3)
Except as otherwise provided in this division, a violation of
division (A)(2) of this section is a misdemeanor of the first degree.
If the circumstances of the violation indicate that the tools,
machines, instruments, materials, articles, or other items of
personal property involved in the violation were intended for use in
the commission of a felony, a violation of division (A)(2) of this
section is a felony of the fifth degree.
(4)
Except as otherwise provided in this division, a violation of
division (A)(3), (4), or (5) of this section is a misdemeanor of the
first degree. Except as otherwise provided in this division, if the
cumulative sales price of the goods or services to which or in
connection with which the counterfeit mark is attached, affixed, or
otherwise used in the offense is one thousand dollars or more but
less than seven thousand five hundred dollars, a violation of
division (A)(3), (4), or (5) of this section is a felony of the fifth
degree. Except as otherwise provided in this division, if the
cumulative sales price of the goods or services to which or in
connection with which the counterfeit mark is attached, affixed, or
otherwise used in the offense is seven thousand five hundred dollars
or more but less than one hundred fifty thousand dollars or if the
number of units of goods to which or in connection with which the
counterfeit mark is attached, affixed, or otherwise used in the
offense is more than one hundred units but less than one thousand
units, a violation of division (A)(3), (4), or (5) of this section is
a felony of the fourth degree. If the cumulative sales price of the
goods or services to which or in connection with which the
counterfeit mark is attached, affixed, or otherwise used in the
offense is one hundred fifty thousand dollars or more or if the
number of units of goods to which or in connection with which the
counterfeit mark is attached, affixed, or otherwise used in the
offense is one thousand units or more, a violation of division
(A)(3), (4), or (5) of this section is a felony of the third degree.
(C) A defendant may assert as an affirmative defense to a charge of a violation of this section defenses, affirmative defenses, and limitations on remedies that would be available in a civil, criminal, or administrative action or proceeding under the "Lanham Act," 60 Stat. 427-443 (1946), 15 U.S.C. 1051-1127, as amended, "The Trademark Counterfeiting Act of 1984," 98 Stat. 2178, 18 U.S.C. 2320, as amended, Chapter 1329. or another section of the Revised Code, or common law.
(D)(1)
Law enforcement officers may seize pursuant to Criminal Rule 41 or
Chapter 2933. or 2981. of the Revised Code either of the following:
(a)
Goods to which or in connection with which a person attached,
affixed, otherwise used, or intended to attach, affix, or otherwise
use a counterfeit mark in violation of this section;
(b)
Tools, machines, instruments, materials, articles, vehicles, or other
items of personal property that are possessed, sold, offered for
sale, or used in a violation of this section or in an attempt to
commit or complicity in the commission of a violation of this
section.
(2)
Notwithstanding any contrary provision of Chapter 2981. of the
Revised Code, if a person is convicted of or pleads guilty to a
violation of this section, an attempt to violate this section, or
complicity in a violation of this section, the court involved shall
declare that the goods described in division (D)(1)(a) of this
section and the personal property described in division (D)(1)(b) of
this section are contraband and are forfeited. Prior to the court's
entry of judgment under Criminal Rule 32, the owner of a registered
trademark or service mark that is the subject of the counterfeit mark
may recommend a manner in which the forfeited goods and forfeited
personal property should be disposed of. If that owner makes a timely
recommendation of a manner of disposition, the court is not bound by
the recommendation. If that owner makes a timely recommendation of a
manner of disposition, the court may include in its entry of judgment
an order that requires appropriate persons to dispose of the
forfeited goods and forfeited personal property in the recommended
manner. If that owner fails to make a timely recommendation of a
manner of disposition or if that owner makes a timely recommendation
of the manner of disposition but the court determines to not follow
the recommendation, the court shall include in its entry of judgment
an order that requires the law enforcement agency that employs the
law enforcement officer who seized the forfeited goods or the
forfeited personal property to destroy them or cause their
destruction.
(E)(D)
This
section does not affect the rights of an owner of a trademark or a
service mark, or the enforcement in a civil action or in
administrative proceedings of the rights of an owner of a trademark
or a service mark, under the "Lanham Act," 60 Stat. 427-443
(1946), 15 U.S.C. 1051-1127, as amended, "The Trademark
Counterfeiting Act of 1984," 92 Stat. 2178, 18 U.S.C. 2320, as
amended, Chapter 1329. or another section of the Revised Code, or
common law.
(F)
As used in this section:
(1)(a)
Except as provided in division (F)(1)(b) of this section,
"counterfeit mark" means a spurious trademark or a spurious
service mark that satisfies both of the following:
(i)
It is identical with or substantially indistinguishable from a mark
that is registered on the principal register in the United States
patent and trademark office for the same goods or services as the
goods or services to which or in connection with which the spurious
trademark or spurious service mark is attached, affixed, or otherwise
used or from a mark that is registered with the secretary of state
pursuant to sections 1329.54 to 1329.67 of the Revised Code for the
same goods or services as the goods or services to which or in
connection with which the spurious trademark or spurious service mark
is attached, affixed, or otherwise used, and the owner of the
registration uses the registered mark, whether or not the offender
knows that the mark is registered in a manner described in division
(F)(1)(a)(i) of this section.
(ii)
Its use is likely to cause confusion or mistake or to deceive other
persons.
(b)
"Counterfeit mark" does not include a mark or other
designation that is attached to, affixed to, or otherwise used in
connection with goods or services if the holder of the right to use
the mark or other designation authorizes the manufacturer, producer,
or vendor of those goods or services to attach, affix, or otherwise
use the mark or other designation in connection with those goods or
services at the time of their manufacture, production, or sale.
(2)
"Cumulative sales price" means the product of the lowest
single unit sales price charged or sought to be charged by an
offender for goods to which or in connection with which a counterfeit
mark is attached, affixed, or otherwise used or of the lowest single
service transaction price charged or sought to be charged by an
offender for services in connection with which a counterfeit mark is
used, multiplied by the total number of those goods or services,
whether or not units of goods are sold or are in an offender's
possession, custody, or control.
(3)
"Registered trademark or service mark" means a trademark or
service mark that is registered in a manner described in division
(F)(1) of this section.
(4)
"Trademark" and "service mark" have the same
meanings as in section 1329.54 of the Revised Code.
Sec.
2913.40. (A)
As
used in this section:
(1)
"Statement or representation" means any oral, written,
electronic, electronic impulse, or magnetic communication that is
used to identify an item of goods or a service for which
reimbursement may be made under the medicaid program or that states
income and expense and is or may be used to determine a rate of
reimbursement under the medicaid program.
(2)
"Provider" means any person who has signed a provider
agreement with the department of medicaid to provide goods or
services pursuant to the medicaid program or any person who has
signed an agreement with a party to such a provider agreement under
which the person agrees to provide goods or services that are
reimbursable under the medicaid program.
(3)
"Provider agreement" has the same meaning as in section
5164.01 of the Revised Code.
(4)
"Recipient" means any individual who receives goods or
services from a provider under the medicaid program.
(5)
"Records" means any medical, professional, financial, or
business records relating to the treatment or care of any recipient,
to goods or services provided to any recipient, or to rates paid for
goods or services provided to any recipient and any records that are
required by the rules of the medicaid director to be kept for the
medicaid program.
(B)
No
person shall knowingly make or cause to be made a false or misleading
statement or representation for use in obtaining reimbursement from
the medicaid program.
(C)(B)
No
person, with purpose to commit fraud or knowing that the person is
facilitating a fraud, shall do either of the following:
(1) Contrary to the terms of the person's provider agreement, charge, solicit, accept, or receive for goods or services that the person provides under the medicaid program any property, money, or other consideration in addition to the amount of reimbursement under the medicaid program and the person's provider agreement for the goods or services and any cost-sharing expenses authorized by section 5162.20 of the Revised Code or rules adopted by the medicaid director regarding the medicaid program.
(2) Solicit, offer, or receive any remuneration, other than any cost-sharing expenses authorized by section 5162.20 of the Revised Code or rules adopted by the medicaid director regarding the medicaid program, in cash or in kind, including, but not limited to, a kickback or rebate, in connection with the furnishing of goods or services for which whole or partial reimbursement is or may be made under the medicaid program.
(D)(C)
No
person, having submitted a claim for or provided goods or services
under the medicaid program, shall do either of the following for a
period of at least six years after a reimbursement pursuant to that
claim, or a reimbursement for those goods or services, is received
under the medicaid program:
(1) Knowingly alter, falsify, destroy, conceal, or remove any records that are necessary to fully disclose the nature of all goods or services for which the claim was submitted, or for which reimbursement was received, by the person;
(2) Knowingly alter, falsify, destroy, conceal, or remove any records that are necessary to disclose fully all income and expenditures upon which rates of reimbursements were based for the person.
(E)(D)
Whoever
violates this section is guilty of medicaid fraud. Except
as otherwise provided in this divisionUnless
the measured value of the violation requires that the offense be
enhanced under division (A) of section 2913.90 of the Revised Code,
or prior offenses require that the offense be enhanced under division
(B) of that section,
medicaid fraud is a misdemeanor of the first degree. If
the value of property, services, or funds obtained in violation of
this section is one thousand dollars or more and is less than seven
thousand five hundred dollars, medicaid fraud is a felony of the
fifth degree. If the value of property, services, or funds obtained
in violation of this section is seven thousand five hundred dollars
or more and is less than one hundred fifty thousand dollars, medicaid
fraud is a felony of the fourth degree. If the value of the property,
services, or funds obtained in violation of this section is one
hundred fifty thousand dollars or more, medicaid fraud is a felony of
the third degree.
(E) For purposes of enhancement under division (A) of section 2913.90 of the Revised Code, the measured value of a violation of this section is the value of property, services, or funds obtained in violation of this section.
(F) Upon application of the governmental agency, office, or other entity that conducted the investigation and prosecution in a case under this section, the court shall order any person who is convicted of a violation of this section for receiving any reimbursement for furnishing goods or services under the medicaid program to which the person is not entitled to pay to the applicant its cost of investigating and prosecuting the case. The costs of investigation and prosecution that a defendant is ordered to pay pursuant to this division shall be in addition to any other penalties for the receipt of that reimbursement that are provided in this section, section 5164.35 of the Revised Code, or any other provision of law.
(G) The provisions of this section are not intended to be exclusive remedies and do not preclude the use of any other criminal or civil remedy for any act that is in violation of this section.
Sec.
2913.401
2913.41.
(A)
As
used in this section:
(1)
"Medicaid services" has the same meaning as in section
5164.01 of the Revised Code.
(2)
"Property" means any real or personal property or other
asset in which a person has any legal title or interest.
(B)
No
person shall knowingly do any of the following in an application for
enrollment in the medicaid program or in a document that requires a
disclosure of assets for the purpose of determining eligibility for
the medicaid program:
(1) Make or cause to be made a false or misleading statement;
(2) Conceal an interest in property;
(3)(a)
Except as provided in division (B)(3)(b)(A)(3)(b)
of
this section, fail to disclose a transfer of property that occurred
during the period beginning thirty-six months before submission of
the application or document and ending on the date the application or
document was submitted;
(b) Fail to disclose a transfer of property that occurred during the period beginning sixty months before submission of the application or document and ending on the date the application or document was submitted and that was made to an irrevocable trust a portion of which is not distributable to the applicant for or recipient of medicaid or to a revocable trust.
(C)(1)(B)(1)
Whoever
violates this section is guilty of medicaid eligibility fraud. Except
as otherwise provided in this division, a violation of this section
Unless
the measured value of the violation requires that the offense be
enhanced under division (A) of section 2913.90 of the Revised Code,
or prior offenses require that the offense be enhanced under division
(B) of that section, medicaid eligibility fraud is
a misdemeanor of the first degree. If
the value of the medicaid services paid as a result of the violation
is one thousand dollars or more and is less than seven thousand five
hundred dollars, a violation of this section is a felony of the fifth
degree. If the value of the medicaid services paid as a result of the
violation is seven thousand five hundred dollars or more and is less
than one hundred fifty thousand dollars, a violation of this section
is a felony of the fourth degree. If the value of the medicaid
services paid as a result of the violation is one hundred fifty
thousand dollars or more, a violation of this section is a felony of
the third degree.
(2)
In addition to imposing a sentence under division (C)(1)(B)(1)
of
this section, the court shall order that a person who is guilty of
medicaid eligibility fraud make restitution in the full amount of any
medicaid services paid on behalf of an applicant for or recipient of
medicaid for which the applicant or recipient was not eligible, plus
interest at the rate applicable to judgments on unreimbursed amounts
from the date on which the medicaid services were paid to the date on
which restitution is made.
(3) The remedies and penalties provided in this section are not exclusive and do not preclude the use of any other criminal or civil remedy for any act that is in violation of this section.
(C) For purposes of enhancement under division (A) of section 2913.90 of the Revised Code, the measured value of a violation of this section is the value of the medicaid services paid as a result of the violation.
(D)
This
It
is an affirmative defense to a charge under this section
does
not apply to a that
the person
who
fully
disclosed in an application for medicaid or in a document that
requires a disclosure of assets for the purpose of determining
eligibility for medicaid all of the interests in property of the
applicant for or recipient of medicaid, all transfers of property by
the applicant for or recipient of medicaid, and the circumstances of
all those transfers.
(E) Any amounts of medicaid services recovered as restitution under this section and any interest on those amounts shall be credited to the general revenue fund, and any applicable federal share shall be returned to the appropriate agency or department of the United States.
Sec. 2913.42. (A) No person, knowing the person has no privilege to do so, and with purpose to defraud or knowing that the person is facilitating a fraud, shall do any of the following:
(1) Falsify, destroy, remove, conceal, alter, deface, or mutilate any writing, computer software, data, or record;
(2) Utter any writing or record, knowing it to have been tampered with as provided in division (A)(1) of this section.
(B)(1)
Whoever
Except
as provided in division (B)(2) of this section, whoever violates
this section is guilty of tampering with records.
Unless
the measured value of the violation requires that the offense be
enhanced under division (A) of section 2913.90 of the Revised Code,
or prior offenses require that the offense be enhanced under division
(B) of that section, tampering with records is a misdemeanor of the
first degree.
(2)
Except
as provided in division (B)(4) of this section, if the offense does
not involve data or computer software, tampering with records is
whichever of the following is applicable:
(a)
If division (B)(2)(b) of this section does not apply, a misdemeanor
of the first degree;
(b)
If the writing or record is a will unrevoked at the time of the
offense, a felony of the fifth degree.
(3)
Except as provided in division (B)(4) of this section, if the offense
involves a violation of division (A) of this section involving data
or computer software, tampering with records is whichever of the
following is applicable:
(a)
Except as otherwise provided in division (B)(3)(b), (c), or (d) of
this section, a misdemeanor of the first degree;
(b)
If the value of the data or computer software involved in the offense
or the loss to the victim is one thousand dollars or more and is less
than seven thousand five hundred dollars, a felony of the fifth
degree;
(c)
If the value of the data or computer software involved in the offense
or the loss to the victim is seven thousand five hundred dollars or
more and is less than one hundred fifty thousand dollars, a felony of
the fourth degree;
(d)
If the value of the data or computer software involved in the offense
or the loss to the victim is one hundred fifty thousand dollars or
more or if the offense is committed for the purpose of devising or
executing a scheme to defraud or to obtain property or services and
the value of the property or services or the loss to the victim is
seven thousand five hundred dollars or more, a felony of the third
degree.
(4)
If
the writing, data, computer software, or record is kept by or belongs
to a local, state, or federal governmental entity, whoever
violates this section is guilty of tampering with governmental
records. Unless the measured value of the violation requires that the
offense be enhanced under division (A) of section 2913.90 of the
Revised Code, or prior offenses require that the offense be enhanced
under division (B) of that section, tampering with governmental
records is a
felony of the third degree.
(C) For purposes of enhancement under division (A) of section 2913.90 of the Revised Code, the measured value of a violation of this section is the value of the data or computer software involved in the offense or the loss to the victim.
Sec. 2913.43. (A) No person, by deception, shall cause another to execute any writing that disposes of or encumbers property, or by which a pecuniary obligation is incurred.
(B)(1) Whoever violates this section is guilty of securing writings by deception.
(2)
Except
as otherwise provided in this division or division (B)(3) of this
section
Unless
the measured value of the violation requires that the offense be
enhanced under division (A) of section 2913.90 of the Revised Code,
or prior offenses require that the offense be enhanced under division
(B) of that section,
securing writings by deception is a misdemeanor of the first degree.
If
the value of the property or the obligation involved is one thousand
dollars or more and less than seven thousand five hundred dollars,
securing writings by deception is a felony of the fifth degree. If
the value of the property or the obligation involved is seven
thousand five hundred dollars or more and is less than one hundred
fifty thousand dollars, securing writings by deception is a felony of
the fourth degree. If the value of the property or the obligation
involved is one hundred fifty thousand dollars or more, securing
writings by deception is a felony of the third degree.
(3)
If the victim of the offense is an elderly person, disabled adult,
active duty service member, or spouse of an active duty service
member, division (B)(3) of this section applies. Except as otherwise
provided in division (B)(3) of this section, securing writings by
deception is a felony of the fifth degree. If the value of the
property or obligation involved is one thousand dollars or more and
is less than seven thousand five hundred dollars, securing writings
by deception is a felony of the fourth degree. If the value of the
property or obligation involved is seven thousand five hundred
dollars or more and is less than thirty-seven thousand five hundred
dollars, securing writings by deception is a felony of the third
degree. If the value of the property or obligation involved is
thirty-seven thousand five hundred dollars or more, securing writings
by deception is a felony of the second degree. If the victim of the
offense is an elderly person, in addition to any other penalty
imposed for the offense, the offender shall be required to pay full
restitution to the victim and to pay a fine of up to fifty thousand
dollars. The clerk of court shall forward all fines collected under
division (B)(3) of this section to the county department of job and
family services to be used for the reporting and investigation of
elder abuse, neglect, and exploitation or for the provision or
arrangement of protective services under sections 5101.61 to 5101.71
of the Revised Code.
(C) For purposes of enhancement under division (A) of section 2913.90 of the Revised Code, the measured value of a violation of this section is the value of the property or obligation involved.
Sec. 2913.45. (A) No person, with purpose to defraud one or more of the person's creditors, shall do any of the following:
(1) Remove, conceal, destroy, encumber, convey, or otherwise deal with any of the person's property;
(2) Misrepresent or refuse to disclose to a fiduciary appointed to administer or manage the person's affairs or estate, the existence, amount, or location of any of the person's property, or any other information regarding such property that the person is legally required to furnish to the fiduciary.
(B)
Whoever violates this section is guilty of defrauding creditors.
Except
as otherwise provided in this division
Unless
the measured value of the violation requires that the offense be
enhanced under division (A) of section 2913.90 of the Revised Code,
or prior offenses require that the offense be enhanced under division
(B) of that section,
defrauding creditors is a misdemeanor of the first degree. If
the value of the property involved is one thousand dollars or more
and is less than seven thousand five hundred dollars, defrauding
creditors is a felony of the fifth degree. If the value of the
property involved is seven thousand five hundred dollars or more and
is less than one hundred fifty thousand dollars, defrauding creditors
is a felony of the fourth degree. If the value of the property
involved is one hundred fifty thousand dollars or more, defrauding
creditors is a felony of the third degree.
(C) For purposes of enhancement under division (A) of section 2913.90 of the Revised Code, the measured value of a violation of this section is the value of the property involved.
Sec.
2913.46. (A)(1)
As used in this section:
(a)
"Electronically transferred benefit" means the transfer of
supplemental nutrition assistance program benefits or WIC program
benefits through the use of an access device.
(b)
"WIC program benefits" includes money, coupons, delivery
verification receipts, other documents, food, or other property
received directly or indirectly pursuant to section 17 of the "Child
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as
amended.
(c)
"Access device" means any card, plate, code, account
number, or other means of access that can be used, alone or in
conjunction with another access device, to obtain payments,
allotments, benefits, money, goods, or other things of value or that
can be used to initiate a transfer of funds pursuant to section
5101.33 of the Revised Code and the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.), or any supplemental food program administered
by any department of this state or any county or local agency
pursuant to section 17 of the "Child Nutrition Act of 1966,"
80 Stat. 885, 42 U.S.C.A. 1786, as amended. An "access device"
may include any electronic debit card or other means authorized by
section 5101.33 of the Revised Code.
(d)
"Aggregate value of supplemental nutrition assistance program
benefits, WIC program benefits, and electronically transferred
benefits involved in the violation" means the total face value
of any supplemental nutrition assistance program benefits, plus the
total face value of WIC program coupons or delivery verification
receipts, plus the total value of other WIC program benefits, plus
the total value of any electronically transferred benefit or other
access device, involved in the violation.
(e)
"Total value of any electronically transferred benefit or other
access device" means the total value of the payments,
allotments, benefits, money, goods, or other things of value that may
be obtained, or the total value of funds that may be transferred, by
use of any electronically transferred benefit or other access device
at the time of violation.
(2)
If supplemental nutrition assistance program benefits, WIC program
benefits, or electronically transferred benefits or other access
devices of various values are used, transferred, bought, acquired,
altered, purchased, possessed, presented for redemption, or
transported in violation of this section over a period of twelve
months, the course of conduct may be charged as one offense and the
values of supplemental nutrition assistance program benefits, WIC
program benefits, or any electronically transferred benefits or other
access devices may be aggregated in determining the degree of the
offense.
(B)
(A)
No
individual shall knowingly possess, buy, sell, use, alter, accept, or
transfer supplemental nutrition assistance program benefits, WIC
program benefits, or any electronically transferred benefit in any
manner not authorized by the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.) or section 17 of the "Child Nutrition Act of
1966," 80 Stat. 885, 42 U.S.C. 1786, as amended.
(C)(B)
No
organization,
as defined in division (D) of section 2901.23 of the Revised Code,
shall
do either of the following:
(1) Knowingly allow an employee or agent to sell, transfer, or trade items or services, the purchase of which is prohibited by the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or section 17 of the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended, in exchange for supplemental nutrition assistance program benefits, WIC program benefits, or any electronically transferred benefit;
(2) Negligently allow an employee or agent to sell, transfer, or exchange supplemental nutrition assistance program benefits, WIC program benefits, or any electronically transferred benefit for anything of value.
(D)(C)
Whoever
violates this section is guilty of illegal use of supplemental
nutrition assistance program benefits or WIC program benefits.
Except
as otherwise provided in this division
Unless
the measured value of the violation requires that the offense be
enhanced under division (A) of section 2913.90 of the Revised Code or
prior offenses require that the offense be enhanced under division
(B) of that section,
illegal use of supplemental nutrition assistance program benefits or
WIC program benefits is a felony
misdemeanor
of
the fifth
first
degree.
If
the aggregate value of the supplemental nutrition assistance program
benefits, WIC program benefits, and electronically transferred
benefits involved in the violation is one thousand dollars or more
and is less than seven thousand five hundred dollars, illegal use of
supplemental nutrition assistance program benefits or WIC program
benefits is a felony of the fourth degree. If the aggregate value of
the supplemental nutrition assistance program benefits, WIC program
benefits, and electronically transferred benefits involved in the
violation is seven thousand five hundred dollars or more and is less
than one hundred fifty thousand dollars, illegal use of supplemental
nutrition assistance program benefits or WIC program benefits is a
felony of the third degree. If
(D)
For purposes of enhancement under division (A) of section 2913.90 of
the Revised Code, the measured value of a violation of this section
is the
aggregate value of the supplemental nutrition assistance program
benefits, WIC program benefits, and electronically transferred
benefits involved
in
the violation is one hundred fifty thousand dollars or more, illegal
use of supplemental nutrition assistance program benefits or WIC
program benefits is a felony of the second degree.
Sec.
2913.47. (A)
As
used in this section:
(1)
"Data" has the same meaning as in section 2913.01 of the
Revised Code and additionally includes any other representation of
information, knowledge, facts, concepts, or instructions that are
being or have been prepared in a formalized manner.
(2)
"Deceptive" means that a statement, in whole or in part,
would cause another to be deceived because it contains a misleading
representation, withholds information, prevents the acquisition of
information, or by any other conduct, act, or omission creates,
confirms, or perpetuates a false impression, including, but not
limited to, a false impression as to law, value, state of mind, or
other objective or subjective fact.
(3)
"Insurer" means any person that is authorized to engage in
the business of insurance in this state under Title XXXIX of the
Revised Code, the Ohio fair plan underwriting association created
under section 3929.43 of the Revised Code, any health insuring
corporation, and any legal entity that is self-insured and provides
benefits to its employees or members.
(4)
"Policy" means a policy, certificate, contract, or plan
that is issued by an insurer.
(5)
"Statement" includes, but is not limited to, any notice,
letter, or memorandum; proof of loss; bill of lading; receipt for
payment; invoice, account, or other financial statement; estimate of
property damage; bill for services; diagnosis or prognosis;
prescription; hospital, medical, or dental chart or other record;
x-ray, photograph, videotape, or movie film; test result; other
evidence of loss, injury, or expense; computer-generated document;
and data in any form.
(B)
No
person, with purpose to defraud or knowing that the person is
facilitating a fraud, shall
do
either of the following:
(1)
Present
present
to,
or cause to be presented to, an insurer any written or oral statement
that is part of, or in support of, an application for insurance, a
claim for payment pursuant to a policy, or a claim for any other
benefit pursuant to a policy, knowing that the statement, or any part
of the statement, is false or deceptive;
(2)
Assist, aid, abet, solicit, procure, or conspire with another to
prepare or make any written or oral statement that is intended to be
presented to an insurer as part of, or in support of, an application
for insurance, a claim for payment pursuant to a policy, or a claim
for any other benefit pursuant to a policy, knowing that the
statement, or any part of the statement, is false or deceptive.
(C)(B)
Whoever
violates this section is guilty of insurance fraud.
Except
as otherwise provided in this division
Unless
the measured value of the violation requires that the offense be
enhanced under division (A) of section 2913.90 of the Revised Code,
or prior offenses require that the offense be enhanced under division
(B) of that section,
insurance fraud is a misdemeanor of the first degree. If
the amount of the claim that is false or deceptive is one thousand
dollars or more and is less than seven thousand five hundred dollars,
insurance fraud is a felony of the fifth degree. If the amount of the
claim that is false or deceptive is seven thousand five hundred
dollars or more and is less than one hundred fifty thousand dollars,
insurance fraud is a felony of the fourth degree. If the amount of
the claim that is false or deceptive is one hundred fifty thousand
dollars or more, insurance fraud is a felony of the third degree.
(C) For purposes of enhancement under division (A) of section 2913.90 of the Revised Code, the measured value of a violation of this section is the amount of the claim that is false or deceptive.
(D) This section shall not be construed to abrogate, waive, or modify division (A) of section 2317.02 of the Revised Code.
Sec. 2913.48. (A) No person, with purpose to defraud or knowing that the person is facilitating a fraud, shall do any of the following:
(1) Receive workers' compensation benefits to which the person is not entitled;
(2) Make or present or cause to be made or presented a false or misleading statement with the purpose to secure payment for goods or services rendered under Chapter 4121., 4123., 4127., or 4131. of the Revised Code or to secure workers' compensation benefits;
(3) Alter, falsify, destroy, conceal, or remove any record or document that is necessary to fully establish the validity of any claim filed with, or necessary to establish the nature and validity of all goods and services for which reimbursement or payment was received or is requested from, the bureau of workers' compensation, or a self-insuring employer under Chapter 4121., 4123., 4127., or 4131. of the Revised Code;
(4) Enter into an agreement or conspiracy to defraud the bureau or a self-insuring employer by making or presenting or causing to be made or presented a false claim for workers' compensation benefits;
(5) Make or present or cause to be made or presented a false statement concerning manual codes, classification of employees, payroll, paid compensation, or number of personnel, when information of that nature is necessary to determine the actual workers' compensation premium or assessment owed to the bureau by an employer;
(6) Alter, forge, or create a workers' compensation certificate to falsely show current or correct workers' compensation coverage;
(7) Fail to secure or maintain workers' compensation coverage as required by Chapter 4123. of the Revised Code with the intent to defraud the bureau of workers' compensation.
(B)
Whoever violates this section is guilty of workers' compensation
fraud. Except
as otherwise provided in this division, a violation of this section
Unless
the measured value of the violation requires that the offense be
enhanced under division (A) of section 2913.90 of the Revised Code,
or prior offenses require that the offense be enhanced under division
(B) of that section, workers' compensation fraud is
a misdemeanor of the first degree. If
the value of premiums and assessments unpaid pursuant to actions
described in division (A)(5), (6), or (7) of this section, or of
goods, services, property, or money stolen is one thousand dollars or
more and is less than seven thousand five hundred dollars, a
violation of this section is a felony of the fifth degree. If the
value of premiums and assessments unpaid pursuant to actions
described in division (A)(5), (6), or (7) of this section, or of
goods, services, property, or money stolen is seven thousand five
hundred dollars or more and is less than one hundred fifty thousand
dollars, a violation of this section is a felony of the fourth
degree. If the value of premiums and assessments unpaid pursuant to
actions described in division (A)(5), (6), or (7) of this section, or
of goods, services, property, or money stolen is one hundred fifty
thousand dollars or more, a violation of this section is a felony of
the third degree.
(C) Upon application of the governmental body that conducted the investigation and prosecution of a violation of this section, the court shall order the person who is convicted of the violation to pay the governmental body its costs of investigating and prosecuting the case. These costs are in addition to any other costs or penalty provided in the Revised Code or any other section of law.
(D) The remedies and penalties provided in this section are not exclusive remedies and penalties and do not preclude the use of any other criminal or civil remedy or penalty for any act that is in violation of this section.
(E)
As used in this section:
(1)
"False" means wholly or partially untrue or deceptive.
(2)
"Goods" includes, but is not limited to, medical supplies,
appliances, rehabilitative equipment, and any other apparatus or
furnishing provided or used in the care, treatment, or rehabilitation
of a claimant for workers' compensation benefits.
(3)
"Services" includes, but is not limited to, any service
provided by any health care provider to a claimant for workers'
compensation benefits and any and all services provided by the bureau
as part of workers' compensation insurance coverage.
(4)
"Claim" means any attempt to cause the bureau, an
independent third party with whom the administrator or an employer
contracts under section 4121.44 of the Revised Code, or a
self-insuring employer to make payment or reimbursement for workers'
compensation benefits.
(5)
"Employment" means participating in any trade, occupation,
business, service, or profession for substantial gainful
remuneration.
(6)
"Employer," "employee," and "self-insuring
employer" have the same meanings as in section 4123.01 of the
Revised Code.
(7)
"Remuneration" includes, but is not limited to, wages,
commissions, rebates, and any other reward or consideration.
(8)
"Statement" includes, but is not limited to, any oral,
written, electronic, electronic impulse, or magnetic communication
notice, letter, memorandum, receipt for payment, invoice, account,
financial statement, or bill for services; a diagnosis, prognosis,
prescription, hospital, medical, or dental chart or other record; and
a computer generated document.
(9)
"Records" means any medical, professional, financial, or
business record relating to the treatment or care of any person, to
goods or services provided to any person, or to rates paid for goods
or services provided to any person, or any record that the
administrator of workers' compensation requires pursuant to rule.
(10)
"Workers' compensation benefits" means any compensation or
benefits payable under Chapter 4121., 4123., 4127., or 4131. of the
Revised Code.
Sec.
2913.49. (A)
As
used in this section, "personal identifying information"
includes, but is not limited to, the following: the name, address,
telephone number, driver's license, driver's license number,
commercial driver's license, commercial driver's license number,
state identification card, state identification card number, social
security card, social security number, birth certificate, place of
employment, employee identification number, mother's maiden name,
demand deposit account number, savings account number, money market
account number, mutual fund account number, other financial account
number, personal identification number, password, or credit card
number of a living or dead individual.
(B)
No
person, without the express or implied consent of the other person,
shall use, obtain, or possess any personal identifying information of
another person with intent
purpose
to
do either of the following:
(1) Hold the person out to be the other person;
(2) Represent the other person's personal identifying information as the person's own personal identifying information.
(C)
No person shall create, obtain, possess, or use the personal
identifying information of any person with the intent to aid or abet
another person in violating division (B) of this section.
(D)(B)
No
person, with intent
purpose
to
defraud, shall permit another person to use the person's own personal
identifying information.
(E)(C)
No
person who is permitted to use another person's personal identifying
information as described in division (D)(B)
of
this section shall use, obtain, or possess the other person's
personal identifying information with intent to defraud any person by
doing any act identified in division (B)(1)(A)(1)
or
(2) of this section.
(F)(1)(D)(1)
It
is an affirmative defense to a charge under division (B)(A)
of
this section that the person using the personal identifying
information is acting in accordance with a legally recognized
guardianship or conservatorship or as a trustee or fiduciary.
(2)
It is an affirmative defense to a charge under division (A),
(B),
or
(C),
(D), or (E)
of
this section that either of the following applies:
(a) The person or entity using, obtaining, possessing, or creating the personal identifying information or permitting it to be used is a law enforcement agency, authorized fraud personnel, or a representative of or attorney for a law enforcement agency or authorized fraud personnel and is using, obtaining, possessing, or creating the personal identifying information or permitting it to be used, with prior consent given as specified in this division, in a bona fide investigation, an information security evaluation, a pretext calling evaluation, or a similar matter. The prior consent required under this division shall be given by the person whose personal identifying information is being used, obtained, possessed, or created or is being permitted to be used or, if the person whose personal identifying information is being used, obtained, possessed, or created or is being permitted to be used is deceased, by that deceased person's executor, or a member of that deceased person's family, or that deceased person's attorney. The prior consent required under this division may be given orally or in writing by the person whose personal identifying information is being used, obtained, possessed, or created or is being permitted to be used or that person's executor, or family member, or attorney.
(b)
The personal identifying information was obtained, possessed, used,
created, or permitted to be used for a lawful purpose, provided that
division (F)(2)(b)(D)(2)(b)
of
this section does not apply if the person or entity using, obtaining,
possessing, or creating the personal identifying information or
permitting it to be used is a law enforcement agency, authorized
fraud personnel, or a representative of or attorney for a law
enforcement agency or authorized fraud personnel that is using,
obtaining, possessing, or creating the personal identifying
information or permitting it to be used in an investigation, an
information security evaluation, a pretext calling evaluation, or
similar matter.
(G)(E)
It
is not a defense to a charge under this section that the person whose
personal identifying information was obtained, possessed, used,
created, or permitted to be used was deceased at the time of the
offense.
(H)(1)(F)
Whoever violates this section is guilty of identity fraud. Unless the
measured value of the violation requires that the offense be enhanced
under division (A) of section 2913.90 of the Revised Code, or prior
offenses require that the offense be enhanced under division (B) of
that section, identity fraud is a felony of the fifth degree.
(G)(1) For purposes of enhancement under division (A) of section 2913.90 of the Revised Code, the measured value of a violation of this section is the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct.
(2)
If
an offender commits a violation of division (A),
(B),
(D),
or
(E)(C)
of
this section and the violation occurs as part of a course of conduct
involving other violations of division (A),
(B),
(D),
or
(E)(C)
of
this section or violations of, attempts to violate, conspiracies to
violate, or complicity in violations of division
(C) of this section or section
2913.02, 2913.04, 2913.08,
2913.11,
2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code,
the court, in determining the
degree
of the offense pursuant to division (I) of this section
measured
value for purposes of enhancement under division (A) of section
2913.90 of the Revised Code,
may aggregate all credit, property, or services obtained or sought to
be obtained by the offender and all debts or other legal obligations
avoided or sought to be avoided by the offender in the violations
involved in that course of conduct. The course of conduct may involve
one victim or more than one victim.
(2)
If an offender commits a violation of division (C) of this section
and the violation occurs as part of a course of conduct involving
other violations of division (C) of this section or violations of,
attempts to violate, conspiracies to violate, or complicity in
violations of division (B), (D), or (E) of this section or section
2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, or
2921.13 of the Revised Code, the court, in determining the degree of
the offense pursuant to division (I) of this section, may aggregate
all credit, property, or services obtained or sought to be obtained
by the person aided or abetted and all debts or other legal
obligations avoided or sought to be avoided by the person aided or
abetted in the violations involved in that course of conduct. The
course of conduct may involve one victim or more than one victim.
(I)(1)
Whoever violates this section is guilty of identity fraud.
(2)
Except as otherwise provided in this division or division (I)(3) of
this section, identity fraud is a felony of the fifth degree. If the
value of the credit, property, services, debt, or other legal
obligation involved in the violation or course of conduct is one
thousand dollars or more and is less than seven thousand five hundred
dollars, except as otherwise provided in division (I)(3) of this
section, identity fraud is a felony of the fourth degree. If the
value of the credit, property, services, debt, or other legal
obligation involved in the violation or course of conduct is seven
thousand five hundred dollars or more and is less than one hundred
fifty thousand dollars, except as otherwise provided in division
(I)(3) of this section, identity fraud is a felony of the third
degree. If the value of the credit, property, services, debt, or
other legal obligation involved in the violation or course of conduct
is one hundred fifty thousand dollars or more, except as otherwise
provided in division (I)(3) of this section, identity fraud is a
felony of the second degree.
(3)
If the victim of the offense is an elderly person, disabled adult,
active duty service member, or spouse of an active duty service
member, a violation of this section is identity fraud against a
person in a protected class. Except as otherwise provided in this
division, identity fraud against a person in a protected class is a
felony of the fourth degree. If the value of the credit, property,
services, debt, or other legal obligation involved in the violation
or course of conduct is one thousand dollars or more and is less than
seven thousand five hundred dollars, identity fraud against a person
in a protected class is a felony of the third degree. If the value of
the credit, property, services, debt, or other legal obligation
involved in the violation or course of conduct is seven thousand five
hundred dollars or more and is less than one hundred fifty thousand
dollars, identity fraud against a person in a protected class is a
felony of the second degree. If the value of the credit, property,
services, debt, or other legal obligation involved in the violation
or course of conduct is one hundred fifty thousand dollars or more,
identity fraud against a person in a protected class is a felony of
the first degree. If the victim of the offense is an elderly person,
in addition to any other penalty imposed for the offense, the
offender shall be required to pay full restitution to the victim and
to pay a fine of up to fifty thousand dollars. The clerk of court
shall forward all fines collected under division (I)(3) of this
section to the county department of job and family services to be
used for the reporting and investigation of elder abuse, neglect, and
exploitation or for the provision or arrangement of protective
services under sections 5101.61 to 5101.71 of the Revised Code.
(J)(H)
In
addition to the penalties described in division (I)(F)
of
this section, anyone injured in person or property by a violation of
division (A),
(B),
(D),
or
(E)(C)
of
this section who is the owner of the identifying information involved
in that violation has a civil action against the offender pursuant to
section 2307.60 of the Revised Code. That person may also bring a
civil action to enjoin or restrain future acts that would constitute
a violation of division (A),
(B),
(D),
or
(E)(C)
of
this section.
Sec. 2913.51. (A) No person shall receive, retain, or dispose of property of another knowing or having reasonable cause to believe that the property has been obtained through commission of a theft offense.
(B) It is not a defense to a charge of receiving stolen property in violation of this section that the property was obtained by means other than through the commission of a theft offense if the property was explicitly represented to the accused person as being obtained through the commission of a theft offense.
(C)
Whoever(C)(1)
Except as provided in division (C)(2) or (3) of this section, whoever
violates
this section is guilty of receiving stolen property. Except
as otherwise provided in this division or division (D) of this
sectionUnless
the measured value of the violation requires that the offense be
enhanced under division (A) of section 2913.90 of the Revised Code,
or prior offenses require that the offense be enhanced under division
(B) of that section,
receiving stolen property is a misdemeanor of the first
third
degree.
If
the value of the property involved is one thousand dollars or more
and is less than seven thousand five hundred dollars, if the property
involved is any of the property listed in section 2913.71 of the
Revised Code, receiving stolen property is a felony of the fifth
degree. If the property involved is a motor vehicle, as defined in
section 4501.01 of the Revised Code, if the property involved is a
dangerous drug, as defined in section 4729.01 of the Revised Code, if
the value of the property involved is seven thousand five hundred
dollars or more and is less than one hundred fifty thousand dollars,
or if the property involved is a firearm or dangerous ordnance, as
defined in section 2923.11 of the Revised Code, receiving stolen
property is a felony of the fourth degree. If the value of the
property involved is one hundred fifty thousand dollars or more,
receiving stolen property is a felony of the third degree.
(D)
Except as provided in division (C) of this section with respect to
property involved in a violation of this section with a value of
seven thousand five hundred dollars or more, if the property involved
in violation of this section is a special purchase article as defined
in section 4737.04 of the Revised Code or a bulk merchandise
container as defined in section 4737.012 of the Revised Code, a
violation of this section is receiving a stolen special purchase
article or articles or receiving a stolen bulk merchandise container
or containers, a felony of the fifth degree.
(2) If the property involved in the violation is anhydrous ammonia, whoever violates this section is guilty of receiving stolen anhydrous ammonia. Unless the measured value of the violation requires that the offense be enhanced under division (A) of section 2913.90 of the Revised Code, or prior offenses require that the offense be enhanced under division (B) of that section, receiving stolen anhydrous ammonia is a felony of the fifth degree.
(3) If the property involved in the violation is a firearm or dangerous ordnance, whoever violates this section is guilty of receiving a stolen firearm or dangerous ordnance. Unless the measured value of the violation requires that the offense be enhanced under division (A) of section 2913.90 of the Revised Code, or prior offenses require that the offense be enhanced under division (B) of that section, receiving a stolen firearm or dangerous ordnance is a felony of the third degree.
(D) For purposes of any enhancement under section 2913.90 of the Revised Code, the measured value of a violation of this section is the value of the property involved in the violation.
Sec.
2913.61. (A)
When a person is charged with a theft offense, or with a violation of
division (A)(1) of section 1716.14 of the Revised Code involving a
victim who is an elderly person or disabled adult that involves
property
or services valued at one thousand dollars or more, property or
services valued at one thousand dollars or more and less than seven
thousand five hundred dollars, property or services valued at one
thousand five hundred dollars or more and less than seven thousand
five hundred dollars, property or services valued at seven thousand
five hundred dollars or more and less than thirty-seven thousand five
hundred dollars, property or services valued at seven thousand five
hundred dollars or more and less than one hundred fifty thousand
dollars, property or services valued at thirty-seven thousand five
hundred dollars or more and less than one hundred fifty thousand
dollars, property or services valued at thirty-seven thousand five
hundred dollars or more, property or services valued at one hundred
fifty thousand dollars or more, property or services valued at one
hundred fifty thousand dollars or more and less than seven hundred
fifty thousand dollars, property or services valued at seven hundred
fifty thousand dollars or more and less than one million five hundred
thousand dollars, or property or services valued at one million five
hundred thousand dollars or more, the jury or court trying the
accused,
as an element, the valuation of, or physical damage to, property or
services, this section applies to calculate the measured value of, or
amount of physical damage to, the property or services. An element of
this nature, for purposes of this section, is a valuation element.
The trier of fact
shall
determine the measured
value
of,
or amount of physical damage to,
the
property or services as of the time of the offense and, if a guilty
verdict is returned, shall return the finding of the
measured value
or
amount of physical damage as
part of the verdict. In
any case in which the jury or court determines that the value of the
property or services at the time of the offense was one thousand
dollars or more
If
the valuation element of the offense establishes a minimum measured
value required for a finding of guilt for that particular degree of
offense,
it is unnecessary to find and return the exact value, and it is
sufficient if the finding
and return is to the effect trier
of fact finds that
the measured
value
of,
or amount of physical damage to,
the
property or services involved was
one thousand dollars or more, was one thousand dollars or more and
less than seven thousand five hundred dollars, was one thousand five
hundred dollars or more and less than seven thousand five hundred
dollars, was seven thousand five hundred dollars or more and less
than thirty-seven thousand five hundred dollars, was seven thousand
five hundred dollars or more and less than one hundred fifty thousand
dollars, was thirty-seven thousand five hundred dollars or more and
less than one hundred fifty thousand dollars, was thirty-seven
thousand five hundred dollars or more, was one hundred fifty thousand
dollars or more, was one hundred fifty thousand dollars or more and
less than seven hundred fifty thousand dollars, was seven hundred
fifty thousand dollars or more and less than one million five hundred
thousand dollars, or was one million five hundred thousand dollars or
more, whichever is relevant regarding the offensemeets
or exceeds the required minimum measured value or amount of physical
damage. If the trier of fact finds that the valuation does not meet
or exceed the required minimum measured value or amount of physical
damage, the trier of fact may include in its verdict the valuation
that was proved. Under that circumstance, section 2945.75 of the
Revised Code applies as to the degree of offense.
(B) If more than one item of property or services is involved in a theft offense or in a violation of division (A)(1) of section 1716.14 of the Revised Code involving a victim who is an elderly person or disabled adult, the measured value of, or amount of physical damage to, the property or services involved for the purpose of determining the measured value or amount of physical damage as required by division (A) of this section is the aggregate measured value of, or amount of physical damage to, all property or services involved in the offense.
(C)(1)
When
a series of offenses under section 2913.02 of the Revised Code, or a
series of violations of, attempts to commit a violation of,
conspiracies to violate, or complicity in violations of division
(A)(1) of section 1716.14, section 2913.02, 2913.03, or 2913.04,
division (B)(1) or (2) of section 2913.21, or section 2913.31 or
2913.43 of the Revised Code involving a victim who is an elderly
person or disabled adult, is committed by the offender in the
offender's same employment, capacity, or relationship to another, all
of those offenses shall be tried as a single offense. When a series
of offenses under section 2913.02 of the Revised Code, or a series of
violations of, attempts to commit a violation of, conspiracies to
violate, or complicity in violations of section 2913.02 or 2913.43 of
the Revised Code involving a victim who is an active duty service
member or spouse of an active duty service member is committed by the
offender in the offender's same employment, capacity, or relationship
to another, all of those offenses shall be tried as a single offense.
The value of the property or services involved in the series of
offenses for the purpose of determining the value as required by
division (A) of this section is the aggregate value of all property
and services involved in all offenses in the series.
(2)
If
an offender commits a series of offenses under section
2913.02 Chapter
2913. of
the Revised Code or
division (A)(1) of section 1716.14 of the Revised Code that
involves a common course of conduct to defraud multiple victims, all
of the offenses may be tried as a single offense.
(2)
If
an offender is
being tried for the commission of commits
a
series of violations
of, attempts to commit a violation of, conspiracies to violate, or
complicity in violations of division (A)(1) of section 1716.14,
section 2913.02, 2913.03, or 2913.04, division (B)(1) or (2) of
section 2913.21, or section 2913.31 or 2913.43 of the Revised Code,
whether committed against one victim or more than one victim,
involving a victim who is an elderly person or disabled adult,
pursuant to offenses
under Chapter 2913. of the Revised Code or division (A)(1) of section
1716.14 of the Revised Code that are connected in time or place so as
to be a part of a
single
scheme
or course of conduct, all of those offenses may be tried as a single
offense. If
an offender is being tried for the commission of a series of
violations of, attempts to commit a violation of, conspiracies to
violate, or complicity in violations of section 2913.02 or 2913.43 of
the Revised Code, whether committed against one victim or more than
one victim, involving a victim who is an active duty service member
or spouse of an active duty service member pursuant to a scheme or
course of conduct, all of those offenses may be tried as a single
offense. If the offenses are tried as a single offense, the value of
the property or services involved for the purpose of determining the
value as required by division (A) of this section is the aggregate
value of all property and services involved in all of the offenses in
the course of conduct.
(3)
When a series of two or more offenses under section 2913.40, 2913.48,
or 2921.41 of the Revised Code is committed by the offender in the
offender's same employment, capacity, or relationship to another, all
of those offenses may be tried as a single offense. If
the offenses are tried as a single offense, the value of the property
or services involved for the purpose of determining the value as
required by division (A) of this section is the aggregate value of
all property and services involved in all of the offenses in the
series of two or more offenses.
(4)
In prosecuting a single offense under division (C)(1), (2), or (3) of
this section, it is not necessary to separately allege and prove each
offense in the series. Rather, it is sufficient to allege and prove
that the offender, within a given span of time, committed one or more
theft
offenses
or
violations of section 2913.40, 2913.48, or 2921.41 of the Revised
Code and
that the offender committed those offenses as a common course of
conduct to defraud multiple victims under division (C)(1) of this
section, the offender committed those offenses as a single scheme or
course of conduct under division (C)(2) of this section, or that the
offender committed those offenses in
the offender's same employment, capacity, or relationship to another
as described in division (C)(1)
or (3) (C)(3)
of
this section,
or committed one or more theft offenses that involve a common course
of conduct to defraud multiple victims or a scheme or course of
conduct as described in division (C)(2) of this section.
While it is not necessary to separately allege and prove each offense
in the series in order to prosecute a single offense under division
(C)(1), (2), or (3) of this section, it remains necessary in
prosecuting them as a single offense to
prove the aggregate measured
value
of,
or amount of physical damage to,
the
property or services in order to meet the requisite statutory offense
level sought by the prosecution.
If
the offenses are tried as a single offense, the measured value of, or
amount of physical damage to, the property or services involved for
the purpose of determining the measured value or amount of physical
damage as required by division (A) of this section is the aggregate
measured value of, or amount of physical damage to, all property and
services involved in all of the offenses in the series of two or more
offenses.
(D) The following criteria shall be used in determining the measured value of, or amount of physical damage to, property or services involved in a theft offense:
(1)
The
value of If
the property is an
heirloom, memento, collector's item, antique, museum piece,
manuscript, document, record, or other thing that has
intrinsic worth to its owner and that either
is irreplaceable or is replaceable only on the expenditure of
substantial time, effort, or money, the
value is
the amount that would compensate the owner for its loss.
(2)
The value of personal effects and household goods, and of materials,
supplies, equipment, and fixtures used in the profession, business,
trade, occupation, or avocation of its owner,
which
property is not covered under division (D)(1) of this section and
which that
retains
substantial utility for its purpose regardless of its age or
condition, is the cost of replacing the property with new property of
like kind and quality.
(3) If the property is not covered under division (D)(1) or (2) of this section and the physical damage is such that the property can be restored substantially to the property's former condition then the amount of physical damage involved is the reasonable cost of restoring the property.
(4) If the property is not covered under division (D)(1) or (2) of this section and the physical damage is such that the property cannot be restored substantially to the property's former condition, the measured value of the property is either of the following:
(a) In the case of personal property, the cost of replacing the property with new property of like kind and quality;
(b) In the case of real property or real property fixtures, the difference in fair market value of the property immediately before and immediately after the offense.
(5)
The
value of any real or personal property that is not covered under
division (D)(1)
or,
(2),
(3), or (4)
of
this section, and the value of services, is the fair market value of
the property or services. As used in this section, "fair market
value" is the money consideration that a buyer would give and a
seller would accept for property or services, assuming that the buyer
is willing to buy and the seller is willing to sell, that both are
fully informed as to all facts material to the transaction, and that
neither is under any compulsion to act.
(E) Without limitation on the evidence that may be used to establish the value of property or services involved in a theft offense:
(1) When the property involved is personal property held for sale at wholesale or retail, the price at which the property was held for sale is prima-facie evidence of its value.
(2) When the property involved is a security or commodity traded on an exchange, the closing price or, if there is no closing price, the asked price, given in the latest market quotation prior to the offense is prima-facie evidence of the value of the security or commodity.
(3) When the property involved is livestock, poultry, or raw agricultural products for which a local market price is available, the latest local market price prior to the offense is prima-facie evidence of the value of the livestock, poultry, or products.
(4) When the property involved is a negotiable instrument, the face value is prima-facie evidence of the value of the instrument.
(5) When the property involved is a warehouse receipt, bill of lading, pawn ticket, claim check, or other instrument entitling the holder or bearer to receive property, the face value or, if there is no face value, the value of the property covered by the instrument less any payment necessary to receive the property is prima-facie evidence of the value of the instrument.
(6) When the property involved is a ticket of admission, ticket for transportation, coupon, token, or other instrument entitling the holder or bearer to receive property or services, the face value or, if there is no face value, the value of the property or services that may be received by the instrument is prima-facie evidence of the value of the instrument.
(7) When the services involved are gas, electricity, water, telephone, transportation, shipping, or other services for which the rate is established by law, the duly established rate is prima-facie evidence of the value of the services.
(8) When the services involved are services for which the rate is not established by law, and the offender has been notified prior to the offense of the rate for the services, either in writing, orally, or by posting in a manner reasonably calculated to come to the attention of potential offenders, the rate contained in the notice is prima-facie evidence of the value of the services.
Sec. 2913.72. (A) Each of the following shall be considered evidence of an intent to commit theft of rented property or rental services:
(1) At the time of entering into the rental contract, the rentee presented the renter with identification that was materially false, fictitious, or not current with respect to name, address, place of employment, or other relevant information.
(2) After receiving a notice demanding the return of rented property as provided in division (B) of this section, the rentee neither returned the rented property nor made arrangements acceptable with the renter to return the rented property.
(B) To establish that a rentee has an intent to commit theft of rented property or rental services under division (A)(2) of this section, a renter may issue a notice to a rentee demanding the return of rented property. The renter shall mail the notice by certified mail, return receipt requested, to the rentee at the address the rentee gave when the rental contract was executed, or to the rentee at the last address the rentee or the rentee's agent furnished in writing to the renter.
(C) A demand for the return of rented property is not a prerequisite for the prosecution of a rentee for theft of rented property or rental services. The evidence specified in division (A) of this section does not constitute the only evidence that may be considered as evidence of intent to commit theft of rented property or rental services.
(D)
As used in this section:
(1)
"Renter" means a person who owns rented property.
(2)
"Rentee" means a person who pays consideration to a renter
for the use of rented property.
Sec.
2913.73. In
a prosecution for any alleged
violation
of a provision of this chapter, if the lack of consent of the victim
is an element of the provision that allegedly
was
violated, evidence that, at the time of the alleged
violation,
the victim lacked the capacity to give consent is admissible to show
that the victim did not give consent.
As
used in this section, "lacks the capacity to consent" means
being impaired for any reason to the extent that the person lacks
sufficient understanding or capacity to make and carry out reasonable
decisions concerning the person or the person's resources.
Sec. 2913.82. If a person is convicted of a theft offense that involves a motor vehicle, as defined in section 4501.01 of the Revised Code, or any major part of a motor vehicle, and if a local authority, as defined in section 4511.01 of the Revised Code, the owner of the vehicle or major part, or a person, acting on behalf of the owner, was required to pay any towing or storage fees prior to recovering possession of the motor vehicle or major part, the court that sentences the offender, as a part of its sentence, shall require the offender to repay the fees to the local authority, the owner, or the person who paid the fees on behalf of the owner.
As
used in this section, "major part" has the same meaning as
in the "Motor Vehicle Theft Law Enforcement Act of 1984,"
98 Stat. 2754, 15 U.S.C. 2021 (7), as amended.
Sec. 2913.90. (A) If enhancement under this division would result in a higher offense level than is indicated in the section creating the offense, a violation of section 2913.02, 2913.05, 2913.08, 2913.11, 2913.21, 2913.31, 2913.34, 2913.40, 2913.401, 2913.42, 2913.43, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, or 2913.52 or division (A) of section 2913.04 of the Revised Code shall be enhanced as follows:
(1) If the measured value of the offense is five hundred dollars or more, the offense is a misdemeanor of the first degree.
(2) If the measured value of the offense is two thousand five hundred dollars or more, the offense is a felony of the fifth degree.
(3) If the measured value of the offense is ten thousand dollars or more, the offense is a felony of the fourth degree.
(4) If the measured value of the offense is one hundred thousand dollars or more, the offense is a felony of the third degree.
(5) If the measured value of the offense is two hundred fifty thousand dollars or more, the offense is a felony of the second degree.
(6) If the measured value of the offense is five hundred thousand dollars or more, the offense is a felony of the first degree.
(B) In addition to any enhancements under division (A) of this section, if an offender is found guilty of a violation of section 2913.02, 2913.05, 2913.08, 2913.11, 2913.21, 2913.31, 2913.34, 2913.40, 2913.401, 2913.42, 2913.43, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, or 2913.52 or division (A) of section 2913.04 of the Revised Code and if the offender has previously been convicted of or pleaded guilty to committing two or more violations of any of those sections within five years prior to the date of the commission of the current offense, the offense shall be further enhanced as follows, with the first figure indicating the base offense level including any enhancements under division (A) of this section and the second figure indicating the offense level after enhancement:
(1) Misdemeanor of the third degree -- enhanced to a misdemeanor of the first degree;
(2) Misdemeanor of the first degree -- enhanced to a felony of the fifth degree;
(3) Felony of the fifth degree -- enhanced to a felony of the fourth degree;
(4) Felony of the fourth degree -- enhanced to a felony of the third degree;
(5) Felony of the third degree -- enhanced to a felony of the second degree;
(6) Felony of the second degree -- enhanced to a felony of the first degree.
Sec.
2917.01. (A)
No person shall knowingly engage in conduct designed to urge or
incite another to commit any offense of violence, when either
both
of
the following apply:
(1)
The conduct takes place under circumstances that create a
clear and present an
imminent danger
that any offense of violence likely
will
be committed;.
(2) The conduct proximately results in the commission of any offense of violence.
(B)
Whoever violates this section is guilty of inciting to violence. If
the offense of violence that the other person is
being urged or incited to commit committed
is
a misdemeanor, inciting to violence is a misdemeanor of the first
next
lesser degree
than
the offense of violence committed.
If the offense of violence that the other person is
being urged or incited to commit committed
is
a felony
of
the first, second, third, or fourth degree,
inciting to violence is a felony of the third
next
lesser degree
than
the offense of violence committed. If the offense of violence that
the other person committed is a felony of the fifth degree or an
unclassified felony other than aggravated murder, murder, or an
offense for which the maximum penalty is imprisonment for life,
inciting to violence is a misdemeanor of the first degree. If the
offense of violence that the other person committed is aggravated
murder, murder, or an offense for which the maximum penalty is
imprisonment for life, inciting to violence is a felony of the first
degree.
Sec. 2917.011. (A) Except as otherwise provided in division (B) or (C) of this section, as used in this chapter:
(1) "Biological agent" means any microorganism, virus, infectious substance, or biological product that may be engineered through biotechnology, or any naturally occurring or bioengineered component of any microorganism, virus, infectious substance, or biological product that may be engineered through biotechnology, capable of causing any of the following:
(a) Death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;
(b) Deterioration of food, water, equipment, supplies, or material of any kind;
(c) Deleterious alteration of the environment.
(2) "Cable operator" has the same meaning as in section 1332.21 of the Revised Code.
(3) "Caller" means the person described in division (A) of section 2917.21 of the Revised Code who makes or causes to be made a telecommunication or who permits a telecommunication to be made from a telecommunications device under that person's control.
(4) "Committed in the vicinity of a school" has the same meaning as in section 2925.01 of the Revised Code.
(5) "Critical infrastructure facility" has the same meaning as in section 2911.21 of the Revised Code.
(6) "Deadly weapon" and "dangerous ordnance" have the same meanings as in section 2923.11 of the Revised Code.
(7) "Delivery system" means any of the following:
(a) Any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector;
(b) Any vector.
(8) "Detention facility" has the same meaning as in section 2921.01 of the Revised Code.
(9) "Emergency facility" has the same meaning as in section 2909.01 of the Revised Code.
(10) "Emergency facility person" is the singular of "emergency facility personnel" as defined in section 2909.01 of the Revised Code.
(11) "Emergency medical services person" is the singular of "emergency medical services personnel" as defined in section 2133.21 of the Revised Code.
(12) "Emergency medical services personnel" has the same meaning as in section 2133.21 of the Revised Code.
(13) "Family or household member" means any of the following:
(a) Any of the following who is residing or has resided with the recipient of the telecommunication against whom the act prohibited in division (A)(9) of section 2917.21 of the Revised Code is committed:
(i) A spouse, a person living as a spouse, or a former spouse of the recipient;
(ii) A parent, a foster parent, or a child of the recipient, or another person related by consanguinity or affinity to the recipient;
(iii) A parent or a child of a spouse, person living as a spouse, or former spouse of the recipient, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the recipient.
(b) The natural parent of any child of whom the recipient of the telecommunication against whom the act prohibited in division (A)(9) of section 2917.21 of the Revised Code is committed is the other natural parent or is the putative other natural parent.
(14) "Hoax chemical weapon, biological weapon, or radiological or nuclear weapon" means any device or object that by its design, construction, content, or characteristics appears to be, appears to constitute, or appears to contain, or is represented as being, constituting, or containing, a chemical weapon, biological weapon, or radiological or nuclear weapon and to which either of the following applies:
(a) It is, in fact, an inoperative facsimile, imitation, counterfeit, or representation of a chemical weapon, biological weapon, or radiological or nuclear weapon that does not meet the definition of a chemical weapon, biological weapon, or radiological or nuclear weapon.
(b) It does not actually contain or constitute a weapon, biological agent, toxin, vector, or delivery system.
(15) "Infectious agent" means a microorganism such as a virus, bacterium, or similar agent that causes disease or death in human beings.
(16) "Institution of higher education" means any of the following:
(a) A state university or college as defined in division (A)(1) of section 3345.12 of the Revised Code, community college, state community college, university branch, or technical college;
(b) A private, nonprofit college, university or other post-secondary institution located in this state that possesses a certificate of authorization issued by the Ohio board of regents pursuant to Chapter 1713. of the Revised Code;
(c) A post-secondary institution with a certificate of registration issued by the state board of career colleges and schools under Chapter 3332. of the Revised Code.
(17) "Interactive computer service" and "information content provider" have the same meanings as in 47 U.S.C. 230.
(18) "Person living as a spouse" means a person who is living or has lived with the recipient of the telecommunication against whom the act prohibited in division (A)(9) of section 2917.21 of the Revised Code is committed in a common law marital relationship, who otherwise is cohabiting with the recipient, or who otherwise has cohabited with the recipient within five years prior to the date of the alleged commission of the act in question.
(19) "Physical damage to property" means any tangible or intangible damage to property that, in any degree, results in loss to its value or interferes with its use or enjoyment. "Physical damage to property" does not include wear and tear occasioned by normal use.
(20) "Public transportation system" means a county transit system operated in accordance with sections 306.01 to 306.13 of the Revised Code, a regional transit authority operated in accordance with sections 306.30 to 306.71 of the Revised Code, or a regional transit commission operated in accordance with sections 306.80 to 306.90 of the Revised Code.
(21) "School" means any school operated by a board of education or any school for which the state board of education prescribes minimum standards under section 3301.07 of the Revised Code, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted at the time a violation of section 2917.31 of the Revised Code is committed.
(22) "Sexual activity" has the same meaning as in section 2907.01 of the Revised Code.
(23) "Telecommunication" and "telecommunications device" have the same meanings as in section 2913.01 of the Revised Code.
(24) "Toxin" means the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances or a recombinant molecule, whatever its origin or method of reproduction, including, but not limited to, any of the following:
(a) Any poisonous substance or biological product that may be engineered through biotechnology and that is produced by a living organism;
(b) Any poisonous isomer or biological product, homolog, or derivative of any substance or product described in division (A)(20)(a)of this section.
(25) "Vector" means a living organism or molecule, including a recombinant molecule or biological product that may be engineered through biotechnology, capable of carrying a biological agent or toxin to a host.
(B) As used in section 2917.21 of the Revised Code, "economic harm" means all direct, incidental, and consequential pecuniary harm suffered by a victim as a result of criminal conduct. "Economic harm" includes, but is not limited to, all of the following:
(1) All wages, salaries, or other compensation lost as a result of the criminal conduct;
(2) The cost of all wages, salaries, or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct;
(3) The overhead costs incurred for the time that a business is shut down as a result of the criminal conduct;
(4) The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct.
(C) As used in section 2917.31 of the Revised Code, "economic harm" means any of the following:
(1) All direct, incidental, and consequential pecuniary harm suffered by a victim as a result of criminal conduct. "Economic harm" includes, but is not limited to, all of the following:
(a) All wages, salaries, or other compensation lost as a result of the criminal conduct;
(b) The cost of all wages, salaries, or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct;
(c) The overhead costs incurred for the time that a business is shut down as a result of the criminal conduct;
(d) The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct.
(2) All costs incurred by the state or any political subdivision as a result of, or in making any response to, the criminal conduct that constituted the violation of section 2917.31 of the Revised Code, including, but not limited to, all costs so incurred by any law enforcement officers, firefighters, rescue personnel, or emergency medical services personnel of the state or the political subdivision.
Sec. 2917.02. (A) No person shall actively participate with four or more others in a course of disorderly conduct in violation of section 2917.11 of the Revised Code when any of the following applies:
(1)
With
The
person does so with purpose
to commit or facilitate the commission of a felony;
(2)
With
The
person does so with purpose
to commit or facilitate the commission of any offense of violence;
(3)
When
the
The
offender
or any participant to the knowledge of the offender has on or about
the offender's or participant's person or under the offender's or
participant's control, uses, or intends to use a deadly weapon or
dangerous ordnance,
as defined in section 2923.11 of the Revised Code.
(B)(1) No person, being an inmate in a detention facility, shall violate division (A)(1) or (3) of this section.
(2) No person, being an inmate in a detention facility, shall violate division (A)(2) of this section or section 2917.03 of the Revised Code.
(C) Whoever violates this section is guilty of aggravated riot. A violation of division (A)(1) or (3) of this section is a felony of the fifth degree. A violation of division (A)(2) or (B)(1) of this section is a felony of the fourth degree. A violation of division (B)(2) of this section is a felony of the third degree.
(D)
As used in this section, "detention facility" has the same
meaning as in section 2921.01 of the Revised Code.
Sec. 2917.03. (A) No person shall actively participate with four or more others in a course of disorderly conduct in violation of section 2917.11 of the Revised Code with any of the following purposes:
(1)
With
The
person does so with purpose
to commit or facilitate the commission of a misdemeanor, other than
disorderly conduct;
(2)
With
The
person does so with purpose
to intimidate a public official or employee into taking or refraining
from official action, or with purpose to hinder, impede, or obstruct
a function of government;
(3)
With
The
person does so with purpose
to hinder, impede, or obstruct the orderly process of administration
or instruction at an educational institution, or to interfere with or
disrupt lawful activities carried on at such institution.
(B) No person shall actively participate with four or more others with purpose to do an act with unlawful force or violence, even though such act might otherwise be lawful.
(C) Whoever violates this section is guilty of riot, a misdemeanor of the first degree.
Sec.
2917.031. For
the purposes of prosecuting violations of sections 2917.02 and
2917.03 of the Revised Code, the state is not required to allege or
prove that the offender expressly agreed with four or more others to
commit any act that constitutes a violation of either section prior
to or while committing those
the
act or acts.
Sec. 2917.04. (A) Where five or more persons are participating in a course of disorderly conduct in violation of section 2917.11 of the Revised Code, and there are other persons in the vicinity whose presence creates the likelihood of physical harm to persons or physical damage to property or of serious public inconvenience, annoyance, or alarm, a law enforcement officer or other public official may order the participants and such other persons to disperse. No person shall knowingly fail to obey such order.
(B) Nothing in this section requires persons to disperse who are peaceably assembled for a lawful purpose.
(C)(1) Whoever violates this section is guilty of failure to disperse.
(2)
Except as otherwise provided in division (C)(3) of this section,
failure to disperse is a minor
misdemeanor
of
the fourth degree.
(3)
Failure to disperse is a misdemeanor of the fourth
third
degree
if the failure to obey the order described in division (A) of this
section creates the likelihood of physical harm to persons or
is
committed at the scene of a fire, accident, disaster, riot, or
emergency of any kind
physical
damage to property.
Sec.
2917.05. A
law enforcement officer or
fireman
firefighter,
engaged in suppressing riot or in protecting persons or property
during riot:
(A)
Is justified in using force, other than deadly force, when and to the
extent
he
the
law enforcement officer or firefighter
has
probable cause to believe such force is necessary to disperse or
apprehend rioters;
(B)
Is justified in using force, including deadly force, when and to the
extent
he
the
law enforcement officer or firefighter
has
probable cause to believe such force is necessary to disperse or
apprehend rioters whose conduct is creating a substantial risk of
serious physical harm to persons.
Sec.
2917.11. (A)
No person shall recklessly
knowingly
cause
inconvenience, annoyance, or alarm to another by doing any of the
following:
(1)
Engaging in fighting, engaging
in
threatening physical
harm
to persons or physical
damage to property,
or
in
violent or turbulent behavior
creating
a condition that is physically offensive to persons or that presents
a risk of physical harm to persons or physical damage to property, by
any act that serves no lawful and reasonable purpose of the person;
(2)
Making unreasonable noise
or
an offensively coarse utterance, gesture, or display or communicating
unwarranted and grossly abusive language to any person;
(3)
Insulting, taunting, or challenging another, under circumstances in
which that conduct is likely to provoke a
an
imminent violent
response;
(4)
Hindering or preventing the movement of persons on
a public street, road, highway, or right-of-way, or to,
from, within, or upon public or private property, so as to interfere
with the rights of others, and by any act that serves no lawful and
reasonable purpose of the
offender;
(5)
Creating a condition that is physically offensive to persons or that
presents a risk of physical harm to persons or property, by any act
that serves no lawful and reasonable purpose of the offender
person.
(B) No person, while voluntarily intoxicated, shall recklessly do either of the following:
(1)
In a public place or in the presence of two or more persons, engage
in conduct likely to be
offensive or to cause
inconvenience, annoyance, or alarm to
persons
of ordinary sensibilities, which conduct the offender, if the
offender were not intoxicated, should know is likely to have that
effect on others
another;
(2)
Engage in conduct or create a condition that presents a risk of
physical harm to the offender
person
or
another, or physical
damage to
the property of another.
(C)
Violation
A
violation of
any statute or ordinance of which an element is operating a motor
vehicle, locomotive, watercraft, aircraft, or other vehicle while
under the influence of alcohol or any drug of abuse, is not a
violation of division (B) of this section.
(D)
If
(1)
For purposes of division (B) of this section, if a
person appears to an ordinary observer to be intoxicated, it is
probable cause to believe
lawfully
arrest that
person
is
voluntarily intoxicated for purposes of division (B) of this section
so
as to permit the person's commitment and treatment under section
2935.33 and Chapter 3720. of the Revised Code, but it is not
sufficient proof of voluntary intoxication for purposes of a finding
of the person's guilt of a violation of that division.
(2) For purposes of divisions (B) and (D)(1) of this section, a person is "voluntarily intoxicated" if the person consumed alcohol or used a drug of abuse in such quantity that it adversely affected the person's actions or mental process to deprive the person of that clearness of intellect or control over the person's actions that the person otherwise would have had.
(E)(1) Whoever violates this section is guilty of disorderly conduct.
(2) Except as otherwise provided in divisions (E)(3) and (4) of this section, disorderly conduct is a minor misdemeanor.
(3)
Disorderly conduct is a misdemeanor of the fourth degree if any
either
of
the following applies:
(a) The offender persists in disorderly conduct after reasonable warning or request to desist.
(b) The offense is committed in the vicinity of a school or in a school safety zone when the offender knows or has reasonable cause to believe that children are present.
(c)
The offense is committed in the presence of any law enforcement
officer, firefighter, rescuer, medical person, emergency medical
services person, or other authorized person who is engaged in the
person's duties at the scene of a fire, accident, disaster, riot, or
emergency of any kind.
(d)
The offense is committed in the presence of any emergency facility
person who is engaged in the person's duties in an emergency
facility.
(4) If an offender previously has been convicted of or pleaded guilty to three or more violations of division (B) of this section, a violation of division (B) of this section is a misdemeanor of the fourth degree.
(F)
As used in this section:
(1)
"Emergency medical services person" is the singular of
"emergency medical services personnel" as defined in
section 2133.21 of the Revised Code.
(2)
"Emergency facility person" is the singular of "emergency
facility personnel" as defined in section 2909.04 of the Revised
Code.
(3)
"Emergency facility" has the same meaning as in section
2909.04 of the Revised Code.
(4)
"Committed in the vicinity of a school" has the same
meaning as in section 2925.01 of the Revised Code.
Sec.
2917.12. (A)
No person, with purpose to prevent or disrupt a lawful meeting,
procession, or gathering, shall do either
of the following:
(1)
Do any
act which
that
substantially obstructs
or interferes with the due conduct of such
the
meeting,
procession, or gathering;
(2)
Make any utterance, gesture, or display which outrages the
sensibilities of the group.
(B) Whoever violates this section is guilty of disturbing a lawful meeting, a misdemeanor of the fourth degree.
Sec. 2917.13. (A) No person shall knowingly do any of the following:
(1) Hamper the lawful operations of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person, engaged in the person's duties at the scene of a fire, accident, disaster, riot, or emergency of any kind;
(2) Hamper the lawful activities of any emergency facility person who is engaged in the person's duties in an emergency facility;
(3) Fail to obey the lawful order of any law enforcement officer engaged in the law enforcement officer's duties at the scene of or in connection with a fire, accident, disaster, riot, or emergency of any kind.
(B) Nothing in this section shall be construed to limit access or deny information to any news media representative in the lawful exercise of the news media representative's duties.
(C)
Whoever violates this section is guilty of misconduct at an
emergency.
Except as otherwise provided in this division, misconduct at an
emergency is a misdemeanor of the fourth degree. If a violation of
this section creates a risk of physical harm to persons or property,
misconduct at an emergency is,
a
misdemeanor of the first
second
degree.
(D)
As used in this section:
(1)
"Emergency medical services person" is the singular of
"emergency medical services personnel" as defined in
section 2133.21 of the Revised Code.
(2)
"Emergency facility person" is the singular of "emergency
facility personnel" as defined in section 2909.04 of the Revised
Code.
(3)
"Emergency facility" has the same meaning as in section
2909.04 of the Revised Code.
Sec. 2917.21. (A) No person shall knowingly make or cause to be made a telecommunication, or knowingly permit a telecommunication to be made from a telecommunications device under the person's control, to another, if the caller does any of the following:
(1) Makes the telecommunication with purpose to harass, intimidate, or abuse any person at the premises to which the telecommunication is made, whether or not actual communication takes place between the caller and a recipient;
(2) Describes, suggests, requests, or proposes that the caller, the recipient of the telecommunication, or any other person engage in sexual activity, and the recipient or another person at the premises to which the telecommunication is made has requested, in a previous telecommunication or in the immediate telecommunication, that the caller not make a telecommunication to the recipient or to the premises to which the telecommunication is made;
(3) During the telecommunication, violates section 2903.21 of the Revised Code;
(4) Knowingly states to the recipient of the telecommunication that the caller intends to cause damage to or destroy public or private property, and the recipient, any member of the recipient's family, or any other person who resides at the premises to which the telecommunication is made owns, leases, resides, or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged;
(5) Knowingly makes the telecommunication to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those premises, and the recipient or another person at those premises previously has told the caller not to make a telecommunication to those premises or to any persons at those premises;
(6) Knowingly makes any comment, request, suggestion, or proposal to the recipient of the telecommunication that is threatening, intimidating, menacing, coercive, or obscene with the intent to abuse, threaten, or harass the recipient;
(7) Without a lawful business purpose, knowingly interrupts the telecommunication service of any person;
(8) Without a lawful business purpose, knowingly transmits to any person, regardless of whether the telecommunication is heard in its entirety, any file, document, or other communication that prevents that person from using the person's telephone service or electronic communication device;
(9) Knowingly makes any false statement concerning the death, injury, illness, disfigurement, reputation, indecent conduct, or criminal conduct of the recipient of the telecommunication or family or household member of the recipient with purpose to abuse, threaten, intimidate, or harass the recipient;
(10) Knowingly incites another person through a telecommunication or other means to harass or participate in the harassment of a person;
(11) Knowingly alarms the recipient by making a telecommunication without a lawful purpose at an hour or hours known to be inconvenient to the recipient and in an offensive or repetitive manner.
(B)(1) No person shall make or cause to be made a telecommunication, or permit a telecommunication to be made from a telecommunications device under the person's control, with purpose to abuse, threaten, or harass another person.
(2) No person shall knowingly post a text or audio statement or an image on an internet web site or web page for the purpose of abusing, threatening, or harassing another person.
(C)(1) Whoever violates this section is guilty of telecommunications harassment.
(2) A violation of division (A)(1), (2), (3), (5), (6), (7), (8), (9), (10), or (11) or (B) of this section is a misdemeanor of the first degree on a first offense and a felony of the fifth degree on each subsequent offense.
(3)
Except as otherwise provided in division (C)(3) of this section, a
violation of division (A)(4) of this section is a misdemeanor of the
first degree on a first offense and a felony of the fifth degree on
each subsequent offense. If a violation of division (A)(4) of this
section results in economic harm of one
two
thousand
five
hundred dollars
or more
but
less than seven thousand five hundred dollars,
except as otherwise provided in this division,
telecommunications harassment is a felony of the fifth degree. If a
violation of division (A)(4) of this section results in economic harm
of seven
ten
thousand
five
hundred dollars
or more
but
less than one hundred fifty thousand dollars,
except as otherwise provided in this division,
telecommunications harassment is a felony of the fourth degree. If a
violation of division (A)(4) of this section results in economic harm
of one hundred fifty
thousand
dollars or more, telecommunications harassment is a felony of the
third degree.
(D)
No cause of action may be asserted in any court of this state against
any provider of a telecommunications service, interactive computer
service
as
defined in section 230 of Title 47 of the United States Code,
or information service, or against any officer, employee, or agent of
a telecommunication service, interactive computer service
as
defined in section 230 of Title 47 of the United States Code,
or information service, for any injury, death, or loss to person or
property that allegedly arises out of the provider's, officer's,
employee's, or agent's provision of information, facilities, or
assistance in accordance with the terms of a court order that is
issued in relation to the investigation or prosecution of an alleged
violation of this section. A provider of a telecommunications
service, interactive computer service
as
defined in section 230 of Title 47 of the United States Code,
or information service, or an officer, employee, or agent of a
telecommunications service, interactive computer service
as
defined in section 230 of Title 47 of the United States Code,
or information service, is immune from any civil or criminal
liability for injury, death, or loss to person or property that
allegedly arises out of the provider's, officer's, employee's, or
agent's provision of information, facilities, or assistance in
accordance with the terms of a court order that is issued in relation
to the investigation or prosecution of an alleged violation of this
section.
(E)(1) This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person's control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection. In addition, any person providing access or connection to or from an electronic method of remotely transferring information not under that person's control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that the person believes is, or will be sent, in violation of this section.
(2) Division (E)(1) of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person's control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section except as otherwise provided by law.
(3) Division (E)(1) of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature.
(4)
A provider or user of an interactive computer service,
as defined in section 230 of Title 47 of the United States Code,
shall
neither be treated as the publisher or speaker of any information
provided by another information content provider,
as
defined in section 230 of Title 47 of the United States Code,
nor
held civilly or criminally liable for the creation or development of
information provided by another information content provider,
as defined in section 230 of Title 47 of the United States Code.
Nothing in this division shall be construed to protect a person from
liability to the extent that the person developed or created any
content in violation of this section.
(F) Divisions (A)(5) to (11) and (B)(2) of this section do not apply to a person who, while employed or contracted by a newspaper, magazine, press association, news agency, news wire service, cable channel or cable operator, or radio or television station, is gathering, processing, transmitting, compiling, editing, or disseminating information for the general public within the scope of the person's employment in that capacity or the person's contractual authority in that capacity.
(G)
As
used in this section:
(1)
"Economic harm" means all direct, incidental, and
consequential pecuniary harm suffered by a victim as a result of
criminal conduct. "Economic harm" includes, but is not
limited to, all of the following:
(a)
All wages, salaries, or other compensation lost as a result of the
criminal conduct;
(b)
The cost of all wages, salaries, or other compensation paid to
employees for time those employees are prevented from working as a
result of the criminal conduct;
(c)
The overhead costs incurred for the time that a business is shut down
as a result of the criminal conduct;
(d)
The loss of value to tangible or intangible property that was damaged
as a result of the criminal conduct.
(2)
"Caller" means the person described in division (A) of this
section who makes or causes to be made a telecommunication or who
permits a telecommunication to be made from a telecommunications
device under that person's control.
(3)
"Telecommunication" and "telecommunications device"
have the same meanings as in section 2913.01 of the Revised Code.
(4)
"Sexual activity" has the same meaning as in section
2907.01 of the Revised Code.
(5)
"Family or household member" means any of the following:
(a)
Any of the following who is residing or has resided with the
recipient of the telecommunication against whom the act prohibited in
division (A)(9) of this section is committed:
(i)
A spouse, a person living as a spouse, or a former spouse of the
recipient;
(ii)
A parent, a foster parent, or a child of the recipient, or another
person related by consanguinity or affinity to the recipient;
(iii)
A parent or a child of a spouse, person living as a spouse, or former
spouse of the recipient, or another person related by consanguinity
or affinity to a spouse, person living as a spouse, or former spouse
of the recipient.
(b)
The natural parent of any child of whom the recipient of the
telecommunication against whom the act prohibited in division (A)(9)
of this section is committed is the other natural parent or is the
putative other natural parent.
(6)
"Person living as a spouse" means a person who is living or
has lived with the recipient of the telecommunication against whom
the act prohibited in division (A)(9) of this section is committed in
a common law marital relationship, who otherwise is cohabiting with
the recipient, or who otherwise has cohabited with the recipient
within five years prior to the date of the alleged commission of the
act in question.
(7)
"Cable operator" has the same meaning as in section 1332.21
of the Revised Code.
(H)
Nothing
in this section prohibits a person from making a telecommunication to
a debtor that is in compliance with the "Fair Debt Collection
Practices Act," 91 Stat. 874 (1977), 15 U.S.C. 1692, as amended,
or the "Telephone Consumer Protection Act," 105 Stat. 2395
(1991), 47 U.S.C. 227, as amended.
Sec. 2917.31. (A) No person shall cause the evacuation of any public place, or otherwise cause serious public inconvenience or alarm, by doing any of the following:
(1)
Initiating
Recklessly
initiating or
circulating a report or warning of an alleged or impending fire,
explosion, crime, or other catastrophe, knowing that such report or
warning is false;
(2)
Threatening
Recklessly
threatening to
commit any offense of violence;
(3) Committing any offense, with reckless disregard of the likelihood that its commission will cause serious public inconvenience or alarm.
(B)
Division
No
person shall do any of the following:
(1) Knowingly cause a false alarm of fire or other emergency to be transmitted to or within any organization, public or private, for dealing with emergencies involving a risk of physical harm to persons or physical damage to property;
(2) Report to any law enforcement agency an alleged offense or other incident within its concern, knowing that such offense did not occur;
(3) Initiate or circulate a report or warning of an alleged or impending fire, explosion, crime, or other catastrophe, knowing that the report or warning is false and likely to impede the operation of a critical infrastructure facility.
(C)
Divisions (A)(1)
and
(B) of
this section does
do
not
apply to any person conducting an authorized fire or emergency drill.
(C)(1)(D)(1)
Whoever
violates this section is guilty of inducing panic.
(2)
Except as otherwise provided in division (C)(3)(D)(3),
(4), (5), or
(6),
(7), or (8)
of
this section, inducing panic is a misdemeanor of the first degree.
(3)
Except as otherwise provided in division (C)(4)(D)(4),
(5), or
(6),
(7), or (8)
of
this section, if a violation of division
(A) of this
section results in physical harm to any person, inducing panic is a
felony of the fourth
fifth
degree.
(4)
Except as otherwise provided in division (C)(5),(D)(5)
or
(6),
(7), or (8)
of
this section, if a violation of this section results in economic
harm,
the penalty shall be determined as follows:
(a)
If the violation results in economic harm of one thousand dollars or
more but less than seven
of
two thousand
five hundred dollars and if division (C)(3)(D)(3)
of
this section does not apply, inducing panic is a felony of the fifth
degree.
(b)
If the violation results in economic harm of seven thousand five
hundred dollars or more but less than one hundred fifty thousand
dollars, inducing panic is a felony of the fourth degree.
(c)
If the violation results in economic harm of one hundred fifty
thousand dollars or more, inducing panic is a felony of the third
degree.
(5)
If the public place involved in a violation of division (A)(1) of
this section is a school or an institution of higher education,
inducing panic is
a
felony of the second degree
one
of the following:
(a) Except as otherwise provided in division (C)(5)(b) of this section, a misdemeanor of the first degree;
(b) A felony of the fifth degree if both of the following apply:
(i) The offender is not a juvenile who attends the school or institution of higher education involved in the violation;
(ii) Physical harm to persons or physical damage to property resulted from the violation or pecuniary harm resulted from the violation.
(6)
If the violation pertains to a purported, threatened, or actual use
of a chemical
weapon, biological weapon, or radiological or nuclear weapon
of
mass destruction, and except as otherwise provided in division
(C)(5), (7), or (8) of this section,
inducing panic is a felony of the fourth
fifth
degree.
(7)
If the violation pertains to a purported, threatened, or actual use
of a weapon of mass destruction, and except as otherwise provided in
division (C)(5) of this section, if a violation of this section
results in physical harm to any person, inducing panic is a felony of
the third degree.
(8)
If the violation pertains to a purported, threatened, or actual use
of a weapon of mass destruction, and except as otherwise provided in
division (C)(5) of this section, if a violation of this section
results in economic harm of one hundred thousand dollars or more,
inducing panic is a felony of the third degree.
(D)(1)(E)(1)
It
is not a defense to a charge under this section that pertains to a
purported or threatened use of a chemical
weapon, biological weapon, or radiological or nuclear weapon
of
mass destruction that
the offender did not possess or have the ability to use a chemical
weapon, biological weapon, or radiological or nuclear weapon
of
mass destruction or
that what was represented to be a chemical
weapon, biological weapon, or radiological or nuclear weapon
of
mass destruction was
not a chemical
weapon, biological weapon, or radiological or nuclear weapon
of
mass destruction.
(2) Any act that is a violation of this section and any other section of the Revised Code may be prosecuted under this section, the other section, or both sections.
(E)
As used in this section:
(1)
"Economic harm" means any of the following:
(a)
All direct, incidental, and consequential pecuniary harm suffered by
a victim as a result of criminal conduct. "Economic harm"
as described in this division includes, but is not limited to, all of
the following:
(i)
All wages, salaries, or other compensation lost as a result of the
criminal conduct;
(ii)
The cost of all wages, salaries, or other compensation paid to
employees for time those employees are prevented from working as a
result of the criminal conduct;
(iii)
The overhead costs incurred for the time that a business is shut down
as a result of the criminal conduct;
(iv)
The loss of value to tangible or intangible property that was damaged
as a result of the criminal conduct.
(b)
All costs incurred by the state or any political subdivision as a
result of, or in making any response to, the criminal conduct that
constituted the violation of this section or section 2917.32 of the
Revised Code, including, but not limited to, all costs so incurred by
any law enforcement officers, firefighters, rescue personnel, or
emergency medical services personnel of the state or the political
subdivision.
(2)
"School" means any school operated by a board of education
or any school for which the state board of education prescribes
minimum standards under section 3301.07 of the Revised Code, whether
or not any instruction, extracurricular activities, or training
provided by the school is being conducted at the time a violation of
this section is committed.
(3)
"Weapon of mass destruction" means any of the following:
(a)
Any weapon that is designed or intended to cause death or serious
physical harm through the release, dissemination, or impact of toxic
or poisonous chemicals, or their precursors;
(b)
Any weapon involving a disease organism or biological agent;
(c)
Any weapon that is designed to release radiation or radioactivity at
a level dangerous to human life;
(d)
Any of the following, except to the extent that the item or device in
question is expressly excepted from the definition of "destructive
device" pursuant to 18 U.S.C. 921(a)(4) and regulations issued
under that section:
(i)
Any explosive, incendiary, or poison gas bomb, grenade, rocket having
a propellant charge of more than four ounces, missile having an
explosive or incendiary charge of more than one-quarter ounce, mine,
or similar device;
(ii)
Any combination of parts either designed or intended for use in
converting any item or device into any item or device described in
division (E)(3)(d)(i) of this section and from which an item or
device described in that division may be readily assembled.
(4)
"Biological agent" has the same meaning as in section
2917.33 of the Revised Code.
(5)
"Emergency medical services personnel" has the same meaning
as in section 2133.21 of the Revised Code.
(6)
"Institution of higher education" means any of the
following:
(a)
A state university or college as defined in division (A)(1) of
section 3345.12 of the Revised Code, community college, state
community college, university branch, or technical college;
(b)
A private, nonprofit college, university or other post-secondary
institution located in this state that possesses a certificate of
authorization issued by the Ohio board of regents pursuant to Chapter
1713. of the Revised Code;
(c)
A post-secondary institution with a certificate of registration
issued by the state board of career colleges and schools under
Chapter 3332. of the Revised Code.
Sec.
2917.33. (A)
No person, without privilege to do so, shall knowingly
manufacture,
possess, sell, deliver, display, use, threaten to use, attempt
to use, conspire to use, or
make readily accessible to others a hoax chemical
weapon, biological weapon, or radiological or nuclear weapon
of
mass destruction with
the intent to deceive or otherwise mislead one or more persons into
reasonably
believing
that the hoax chemical
weapon, biological weapon, or radiological or nuclear weapon
of
mass destruction will
cause terror, bodily harm, or property damage.
(B)
This
It
is an affirmative defense to a charge under this section
does
not apply to any that
the person charged is a member
or employee of the armed forces of the United States, a governmental
agency of this state, another state, or the United States, or a
private entity, to
whom who
satisfies all
of the following
apply
conditions:
(1) The member or employee otherwise is engaged in lawful activity within the scope of the member's or employee's duties or employment.
(2) The member or employee otherwise is duly authorized or licensed to manufacture, possess, sell, deliver, display, or otherwise engage in activity as described in division (A) of this section.
(3) The member or employee is in compliance with applicable federal and state law.
(C)
Whoever violates this section is guilty of unlawful possession or use
of a hoax chemical
weapon, biological weapon, or radiological or nuclear weapon
of
mass destruction,
a felony of the fourth degree.
(D) Any act that is a violation of this section and any other section of the Revised Code may be prosecuted under this section, the other section, or both sections.
(E)
As used in this section:
(1)
"Hoax weapon of mass destruction" means any device or
object that by its design, construction, content, or characteristics
appears to be, appears to constitute, or appears to contain, or is
represented as being, constituting, or containing, a weapon of mass
destruction and to which either of the following applies:
(a)
It is, in fact, an inoperative facsimile, imitation, counterfeit, or
representation of a weapon of mass destruction that does not meet the
definition of a weapon of mass destruction.
(b)
It does not actually contain or constitute a weapon, biological
agent, toxin, vector, or delivery system.
(2)
"Biological agent" means any microorganism, virus,
infectious substance, or biological product that may be engineered
through biotechnology, or any naturally occurring or bioengineered
component of any microorganism, virus, infectious substance, or
biological product that may be engineered through biotechnology,
capable of causing any of the following:
(a)
Death, disease, or other biological malfunction in a human, an
animal, a plant, or another living organism;
(b)
Deterioration of food, water, equipment, supplies, or material of any
kind;
(c)
Deleterious alteration of the environment.
(3)
"Toxin" means the toxic material of plants, animals,
microorganisms, viruses, fungi, or infectious substances or a
recombinant molecule, whatever its origin or method of reproduction,
including, but not limited to, any of the following:
(a)
Any poisonous substance or biological product that may be engineered
through biotechnology and that is produced by a living organism;
(b)
Any poisonous isomer or biological product, homolog, or derivative of
any substance or product described in division (D)(3)(a) of this
section.
(4)
"Delivery system" means any of the following:
(a)
Any apparatus, equipment, device, or means of delivery specifically
designed to deliver or disseminate a biological agent, toxin, or
vector;
(b)
Any vector.
(5)
"Vector" means a living organism or molecule, including a
recombinant molecule or biological product that may be engineered
through biotechnology, capable of carrying a biological agent or
toxin to a host.
(6)
"Weapon of mass destruction" has the same meaning as in
section 2917.31 of the Revised Code.
Sec. 2917.41. (A) No person shall knowingly evade the payment of the known fares of a public transportation system.
(B) No person shall alter any transfer, pass, ticket, or token of a public transportation system with the purpose of evading the payment of fares or of defrauding the system.
(C)
No
person shall do any of the following while in any facility or on any
vehicle of a public transportation system:
(1)
Play sound equipment without the proper use of a private earphone;
(2)
Smoke, eat, or drink in any area where the activity is clearly marked
as being prohibited;
(3)
Expectorate upon a person, facility, or vehicle.
(D)
No
person shall knowingly
write,
deface, draw, or otherwise mark on any facility or vehicle of a
public transportation system.
(E)(D)
No
person shall knowingly
fail
to comply with a lawful order of a public transportation system
police officer, and no person shall resist, obstruct, or abuse a
public transportation police officer in the performance of the
officer's duties.
(F)(E)
Whoever
violates this section is guilty of misconduct involving a public
transportation system.
(1)
Violation
A
violation of
division (A), (B), or (E)(D)
of
this section is a misdemeanor of the fourth degree.
(2)
Violation
of division (C) of this section is a minor misdemeanor on a first
offense. If a person previously has been convicted of or pleaded
guilty to a violation of any division of this section or of a
municipal ordinance that is substantially similar to any division of
this section, violation of division (C) of this section is a
misdemeanor of the fourth degree.
(3)
Violation A
violation of
division (D)(C)
of
this section is a misdemeanor of the third degree.
(G)(F)
Notwithstanding
any other provision of law, seventy-five per cent of each fine paid
to satisfy a sentence imposed for a violation of this section shall
be deposited into the treasury of the county in which the violation
occurred and twenty-five per cent shall be deposited with the county
transit board, regional transit authority, or regional transit
commission that operates the public transportation system involved in
the violation, unless the board of county commissioners operates the
public transportation system, in which case one hundred per cent of
each fine shall be deposited into the treasury of the county.
(H)
As used in this section, "public transportation system"
means a county transit system operated in accordance with sections
306.01 to 306.13 of the Revised Code, a regional transit authority
operated in accordance with sections 306.30 to 306.71 of the Revised
Code, or a regional transit commission operated in accordance with
sections 306.80 to 306.90 of the Revised Code.
Sec.
2917.47. As
used in this section, "infectious agent" means a
microorganism such as a virus, bacterium, or similar agent that
causes disease or death in human beings.
(A) No person shall knowingly possess, send, receive, or cause to be sent or received an isolate or derivative of an isolate of an infectious agent, except as permitted by division (B) of this section.
(B) A person may possess, send, receive, or cause to be sent or received an isolate or derivative of an isolate of an infectious agent as permitted by state or federal law, including for purposes of biomedical or biotechnical research or production, provision of health care services, or investigation of disease by public health agencies.
(C) Whoever violates this section is guilty of improperly handling infectious agents, a felony of the second degree.
Sec. 2919.22. (A) No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age, shall create a substantial risk to the health or safety of the child, by violating a duty of care, protection, or support. It is not a violation of a duty of care, protection, or support under this division when the parent, guardian, custodian, or person having custody or control of a child treats the physical or mental illness or defect of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body.
(B) No person shall do any of the following to a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age:
(1) Abuse the child;
(2) Torture or cruelly abuse the child;
(3) Administer corporal punishment or other physical disciplinary measure, or physically restrain the child in a cruel manner or for a prolonged period, which punishment, discipline, or restraint is excessive under the circumstances and creates a substantial risk of serious physical harm to the child;
(4) Repeatedly administer unwarranted disciplinary measures to the child, when there is a substantial risk that such conduct, if continued, will seriously impair or retard the child's mental health or development;
(5) Entice, coerce, permit, encourage, compel, hire, employ, use, or allow the child to act, model, or in any other way participate in, or be photographed for, the production, presentation, dissemination, or advertisement of any material or performance that the offender knows or reasonably should know is obscene, is sexually oriented matter, or is nudity-oriented matter;
(6) Allow the child to be on the same parcel of real property and within one hundred feet of, or, in the case of more than one housing unit on the same parcel of real property, in the same housing unit and within one hundred feet of, any act in violation of section 2925.04 or 2925.041 of the Revised Code when the person knows that the act is occurring, whether or not any person is prosecuted for or convicted of the violation of section 2925.04 or 2925.041 of the Revised Code that is the basis of the violation of this division.
(C)(1) No person shall operate a vehicle, streetcar, or trackless trolley within this state in violation of division (A) of section 4511.19 of the Revised Code when one or more children under eighteen years of age are in the vehicle, streetcar, or trackless trolley. Notwithstanding any other provision of law, a person may be convicted at the same trial or proceeding of a violation of this division and a violation of division (A) of section 4511.19 of the Revised Code that constitutes the basis of the charge of the violation of this division. For purposes of sections 4511.191 to 4511.197 of the Revised Code and all related provisions of law, a person arrested for a violation of this division shall be considered to be under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or for operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine.
(2) As used in division (C)(1) of this section:
(a) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code.
(b) "Vehicle," "streetcar," and "trackless trolley" have the same meanings as in section 4511.01 of the Revised Code.
(D)(1) Division (B)(5) of this section does not apply to any material or performance that is produced, presented, or disseminated for a bona fide medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, member of the clergy, prosecutor, judge, or other person having a proper interest in the material or performance.
(2) Mistake of age is not a defense to a charge under division (B)(5) of this section.
(3) In a prosecution under division (B)(5) of this section, the trier of fact may infer that an actor, model, or participant in the material or performance involved is a juvenile if the material or performance, through its title, text, visual representation, or otherwise, represents or depicts the actor, model, or participant as a juvenile.
(4) As used in this division and division (B)(5) of this section:
(a) "Material," "performance," "obscene," and "sexual activity" have the same meanings as in section 2907.01 of the Revised Code.
(b) "Nudity-oriented matter" means any material or performance that shows a minor in a state of nudity and that, taken as a whole by the average person applying contemporary community standards, appeals to prurient interest.
(c) "Sexually oriented matter" means any material or performance that shows a minor participating or engaging in sexual activity, masturbation, or bestiality.
(E)(1) Whoever violates this section is guilty of endangering children.
(2) If the offender violates division (A) or (B)(1) of this section, endangering children is one of the following, and, in the circumstances described in division (E)(2)(e) of this section, that division applies:
(a) Except as otherwise provided in division (E)(2)(b), (c), or (d) of this section, a misdemeanor of the first degree;
(b) If the offender previously has been convicted of an offense under this section or of any offense involving neglect, abandonment, contributing to the delinquency of, or physical abuse of a child, except as otherwise provided in division (E)(2)(c) or (d) of this section, a felony of the fourth degree;
(c) If the violation is a violation of division (A) of this section and results in serious physical harm to the child involved, a felony of the third degree;
(d) If the violation is a violation of division (B)(1) of this section and results in serious physical harm to the child involved, a felony of the second degree.
(e) If the violation is a felony violation of division (B)(1) of this section and the offender also is convicted of or pleads guilty to a specification as described in section 2941.1422 of the Revised Code that was included in the indictment, count in the indictment, or information charging the offense, the court shall sentence the offender to a mandatory prison term as provided in division (B)(7) of section 2929.14 of the Revised Code and shall order the offender to make restitution as provided in division (B)(8) of section 2929.18 of the Revised Code.
(3) If the offender violates division (B)(2), (3), (4), or (6) of this section, except as otherwise provided in this division, endangering children is a felony of the third degree. If the violation results in serious physical harm to the child involved, or if the offender previously has been convicted of an offense under this section or of any offense involving neglect, abandonment, contributing to the delinquency of, or physical abuse of a child, endangering children is a felony of the second degree. If the offender violates division (B)(2), (3), or (4) of this section and the offender also is convicted of or pleads guilty to a specification as described in section 2941.1422 of the Revised Code that was included in the indictment, count in the indictment, or information charging the offense, the court shall sentence the offender to a mandatory prison term as provided in division (B)(7) of section 2929.14 of the Revised Code and shall order the offender to make restitution as provided in division (B)(8) of section 2929.18 of the Revised Code. If the offender violates division (B)(6) of this section and the drug involved is methamphetamine, the court shall impose a mandatory prison term on the offender as follows:
(a) If the violation is a violation of division (B)(6) of this section that is a felony of the third degree under division (E)(3) of this section and the drug involved is methamphetamine, except as otherwise provided in this division, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the third degree that is not less than two years. If the violation is a violation of division (B)(6) of this section that is a felony of the third degree under division (E)(3) of this section, if the drug involved is methamphetamine, and if the offender previously has been convicted of or pleaded guilty to a violation of division (B)(6) of this section, a violation of division (A) of section 2925.04 of the Revised Code, or a violation of division (A) of section 2925.041 of the Revised Code, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the third degree that is not less than five years.
(b)
If the violation is a violation of division (B)(6) of this section
that is a felony of the second degree under division (E)(3) of this
section and the drug involved is methamphetamine, except as otherwise
provided in this division, the court shall impose as a mandatory
prison term one of the definite prison terms prescribed for a felony
of the second degree in division (A)(2)(b) of section 2929.14 of the
Revised Code that is not less than three years, except that if the
violation is committed on or after the effective date of this
amendment, the court shall impose as the minimum prison term for the
offense a mandatory prison term that is one of the minimum terms
prescribed for a felony of the second degree in division (A)(2)(a) of
that section that is not less than three years. If the violation is a
violation of division (B)(6) of this section that is a felony of the
second degree under division (E)(3) of this section, if the drug
involved is methamphetamine, and if the offender previously has been
convicted of or pleaded guilty to a violation of division (B)(6) of
this section, a violation of division (A) of section 2925.04 of the
Revised Code, or a violation of division (A) of section 2925.041 of
the Revised Code, the court shall impose as a mandatory prison term
one of the definite prison terms prescribed for a felony of the
second degree in division (A)(2)(b) of section 2929.14 of the Revised
Code that is not less than five years, except that if the violation
is committed on or after
the
effective date of this amendment
March
22, 2019,
the court shall impose as the minimum prison term for the offense a
mandatory prison term that is one of the terms prescribed for a
felony of the second degree in division (A)(2)(a) of that section
that is not less than five years.
(4) If the offender violates division (B)(5) of this section, endangering children is a felony of the second degree. If the offender also is convicted of or pleads guilty to a specification as described in section 2941.1422 of the Revised Code that was included in the indictment, count in the indictment, or information charging the offense, the court shall sentence the offender to a mandatory prison term as provided in division (B)(7) of section 2929.14 of the Revised Code and shall order the offender to make restitution as provided in division (B)(8) of section 2929.18 of the Revised Code.
(5) If the offender violates division (C) of this section, the offender shall be punished as follows:
(a) Except as otherwise provided in division (E)(5)(b) or (c) of this section, endangering children in violation of division (C) of this section is a misdemeanor of the first degree.
(b) If the violation results in serious physical harm to the child involved or the offender previously has been convicted of an offense under this section or any offense involving neglect, abandonment, contributing to the delinquency of, or physical abuse of a child, except as otherwise provided in division (E)(5)(c) of this section, endangering children in violation of division (C) of this section is a felony of the fifth degree.
(c) If the violation results in serious physical harm to the child involved and if the offender previously has been convicted of a violation of division (C) of this section, section 2903.06 or 2903.08 of the Revised Code, section 2903.07 of the Revised Code as it existed prior to March 23, 2000, or section 2903.04 of the Revised Code in a case in which the offender was subject to the sanctions described in division (D) of that section, endangering children in violation of division (C) of this section is a felony of the fourth degree.
(d) In addition to any term of imprisonment, fine, or other sentence, penalty, or sanction it imposes upon the offender pursuant to division (E)(5)(a), (b), or (c) of this section or pursuant to any other provision of law and in addition to any suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege under Chapter 4506., 4509., 4510., or 4511. of the Revised Code or under any other provision of law, the court also may impose upon the offender a class seven suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege from the range specified in division (A)(7) of section 4510.02 of the Revised Code.
(e) In addition to any term of imprisonment, fine, or other sentence, penalty, or sanction imposed upon the offender pursuant to division (E)(5)(a), (b), (c), or (d) of this section or pursuant to any other provision of law for the violation of division (C) of this section, if as part of the same trial or proceeding the offender also is convicted of or pleads guilty to a separate charge charging the violation of division (A) of section 4511.19 of the Revised Code that was the basis of the charge of the violation of division (C) of this section, the offender also shall be sentenced in accordance with section 4511.19 of the Revised Code for that violation of division (A) of section 4511.19 of the Revised Code.
(F)(1)(a) A court may require an offender to perform not more than two hundred hours of supervised community service work under the authority of an agency, subdivision, or charitable organization. The requirement shall be part of the community control sanction or sentence of the offender, and the court shall impose the community service in accordance with and subject to divisions (F)(1)(a) and (b) of this section. The court may require an offender whom it requires to perform supervised community service work as part of the offender's community control sanction or sentence to pay the court a reasonable fee to cover the costs of the offender's participation in the work, including, but not limited to, the costs of procuring a policy or policies of liability insurance to cover the period during which the offender will perform the work. If the court requires the offender to perform supervised community service work as part of the offender's community control sanction or sentence, the court shall do so in accordance with the following limitations and criteria:
(i) The court shall require that the community service work be performed after completion of the term of imprisonment or jail term imposed upon the offender for the violation of division (C) of this section, if applicable.
(ii) The supervised community service work shall be subject to the limitations set forth in divisions (B)(1), (2), and (3) of section 2951.02 of the Revised Code.
(iii) The community service work shall be supervised in the manner described in division (B)(4) of section 2951.02 of the Revised Code by an official or person with the qualifications described in that division. The official or person periodically shall report in writing to the court concerning the conduct of the offender in performing the work.
(iv) The court shall inform the offender in writing that if the offender does not adequately perform, as determined by the court, all of the required community service work, the court may order that the offender be committed to a jail or workhouse for a period of time that does not exceed the term of imprisonment that the court could have imposed upon the offender for the violation of division (C) of this section, reduced by the total amount of time that the offender actually was imprisoned under the sentence or term that was imposed upon the offender for that violation and by the total amount of time that the offender was confined for any reason arising out of the offense for which the offender was convicted and sentenced as described in sections 2949.08 and 2967.191 of the Revised Code, and that, if the court orders that the offender be so committed, the court is authorized, but not required, to grant the offender credit upon the period of the commitment for the community service work that the offender adequately performed.
(b) If a court, pursuant to division (F)(1)(a) of this section, orders an offender to perform community service work as part of the offender's community control sanction or sentence and if the offender does not adequately perform all of the required community service work, as determined by the court, the court may order that the offender be committed to a jail or workhouse for a period of time that does not exceed the term of imprisonment that the court could have imposed upon the offender for the violation of division (C) of this section, reduced by the total amount of time that the offender actually was imprisoned under the sentence or term that was imposed upon the offender for that violation and by the total amount of time that the offender was confined for any reason arising out of the offense for which the offender was convicted and sentenced as described in sections 2949.08 and 2967.191 of the Revised Code. The court may order that a person committed pursuant to this division shall receive hour-for-hour credit upon the period of the commitment for the community service work that the offender adequately performed. No commitment pursuant to this division shall exceed the period of the term of imprisonment that the sentencing court could have imposed upon the offender for the violation of division (C) of this section, reduced by the total amount of time that the offender actually was imprisoned under that sentence or term and by the total amount of time that the offender was confined for any reason arising out of the offense for which the offender was convicted and sentenced as described in sections 2949.08 and 2967.191 of the Revised Code.
(2) Division (F)(1) of this section does not limit or affect the authority of the court to suspend the sentence imposed upon a misdemeanor offender and place the offender under a community control sanction pursuant to section 2929.25 of the Revised Code, to require a misdemeanor or felony offender to perform supervised community service work in accordance with division (B) of section 2951.02 of the Revised Code, or to place a felony offender under a community control sanction.
(G)(1) If a court suspends an offender's driver's or commercial driver's license or permit or nonresident operating privilege under division (E)(5)(d) of this section, the period of the suspension shall be consecutive to, and commence after, the period of suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege that is imposed under Chapter 4506., 4509., 4510., or 4511. of the Revised Code or under any other provision of law in relation to the violation of division (C) of this section that is the basis of the suspension under division (E)(5)(d) of this section or in relation to the violation of division (A) of section 4511.19 of the Revised Code that is the basis for that violation of division (C) of this section.
(2) An offender is not entitled to request, and the court shall not grant to the offender, limited driving privileges if the offender's license, permit, or privilege has been suspended under division (E)(5)(d) of this section and the offender, within the preceding six years, has been convicted of or pleaded guilty to three or more violations of one or more of the following:
(a) Division (C) of this section;
(b) Any equivalent offense, as defined in section 4511.181 of the Revised Code.
(H)(1)
If a person violates division (C) of this section and if, at the time
of the violation, there were two or more children under eighteen
years of age in the motor vehicle involved in the violation, the
offender may be convicted of a violation of division (C) of this
section for each of the children,
but the court may sentence the offender for only one of the
violations.
(2)(a)
If a person is convicted of or pleads guilty to a violation of
division (C) of this section but the
person is
not also convicted of and does not also plead guilty to a separate
charge
charging the violation
of division (A) of section 4511.19 of the Revised Code that was the
basis of the charge of the violation of division (C) of this section,
both
of the following apply:
(i)
For purposes of the provisions of section 4511.19 of the Revised Code
that set forth the penalties and sanctions for a violation of
division (A) of section 4511.19 of the Revised Code, the conviction
of or plea of guilty to the violation of division (C) of this section
shall not constitute a violation of division (A) of section 4511.19
of the Revised Code;
(ii)
For purposes of any provision of law that refers to a conviction of
or plea of guilty to a violation of division (A) of section 4511.19
of the Revised Code and that is not described in division
(H)(2)(a)(i) of this section, the conviction of or plea of guilty to
the violation of division (C) of this section shall constitute a
conviction of or plea of guilty to a violation of division (A) of
section 4511.19 of the Revised Code
the
court shall not sentence the offender under section 4511.19 of the
Revised Code for the violation of division (C) of this section.
However, the violation of division (C) of this section constitutes a
violation of division (A) of section 4511.19 of the Revised Code for
purposes of any other provision of law.
(b)
If a person is convicted of or pleads guilty to a violation of
division (C) of this section and the
person also
is convicted of or pleads guilty to a separate charge
charging the violation
of division (A) of section 4511.19 of the Revised Code that was the
basis of the charge of the violation of division (C) of this section,
the
conviction of or plea of guilty to the violation of division (C) of
this section shall not constitute, for purposes of any provision of
law that refers to a conviction of or plea of guilty to a violation
of division (A) of section 4511.19 of the Revised Code, a conviction
of or plea of guilty to a violation of division (A) of section
4511.19 of the Revised Code
notwithstanding
section 2941.25 of the Revised Code or any other provision of law,
the court shall sentence the offender for both violations in
accordance with this section and section 4511.19 of the Revised Code
and shall determine whether any jail terms or terms of imprisonment
shall be served consecutively or concurrently in accordance with
Chapter 2929. of the Revised Code. In that circumstance, the
violation of division (C) of this section does not constitute a
violation of division (A) of section 4511.19 of the Revised Code for
purposes of any provision of law.
(I) As used in this section:
(1) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code;
(2) "Limited driving privileges" has the same meaning as in section 4501.01 of the Revised Code;
(3) "Methamphetamine" has the same meaning as in section 2925.01 of the Revised Code.
Sec.
2921.01. As
(A)
Except as otherwise provided in divisions (B) to (K) of this section,
as used
in
sections
2921.01 to 2921.45 of the Revised Code
this
chapter:
(A)(1)
"Public
official" means any elected or appointed officer, or employee,
or agent of the state or any political subdivision, whether in a
temporary or permanent capacity, and includes, but is not limited to,
legislators, judges, and law enforcement officers. "Public
official" does not include an employee, officer, or
governor-appointed member of the board of directors of the nonprofit
corporation formed under section 187.01 of the Revised Code.
(B)(2)(a)
"Public
servant" means,
except as provided in divisions (B) and (I) of this section,
any
of the following:
(1)(i)
Any
public official;
(2)(ii)
Any
person performing ad hoc a governmental function, including, but not
limited to, a juror, member of a temporary commission, master,
arbitrator, advisor, or consultant;
(3)(iii)
A
person who is a candidate for public office, whether or not the
person is elected or appointed to the office for which the person is
a candidate. A person is a candidate for purposes of this division if
the person has been nominated according to law for election or
appointment to public office, or if the person has filed a petition
or petitions as required by law to have the person's name placed on
the ballot in a primary, general, or special election, or if the
person campaigns as a write-in candidate in any primary, general, or
special election.
(b) "Public servant" does not include an employee, officer, or governor-appointed member of the board of directors of the nonprofit corporation formed under section 187.01 of the Revised Code.
(C)(3)
"Party
official" means any person who holds an elective or appointive
post in a political party in the United States or this state, by
virtue of which the person directs, conducts, or participates in
directing or conducting party affairs at any level of responsibility.
(D)(4)
"Official
proceeding" means any proceeding before a legislative, judicial,
administrative, or other governmental agency or official authorized
to take evidence under oath, and includes any proceeding before a
referee, hearing examiner, commissioner, notary, or other person
taking testimony or a deposition in connection with an official
proceeding.
(E)(5)
"Detention"
means arrest; confinement in any vehicle subsequent to an arrest;
confinement in any public or private facility for custody of persons
charged with or convicted of crime in this state or another state or
under the laws of the United States or alleged or found to be a
delinquent child or unruly child in this state or another state or
under the laws of the United States; hospitalization,
institutionalization, or confinement in any public or private
facility that is ordered pursuant to or under the authority of
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or
2945.402 of the Revised Code; confinement in any vehicle for
transportation to or from any facility of any of those natures;
detention for extradition or deportation; except as provided in this
division, supervision by any employee of any facility of any of those
natures that is incidental to hospitalization, institutionalization,
or confinement in the facility but that occurs outside the facility;
supervision by an employee of the department of rehabilitation and
correction of a person on any type of release from a state
correctional institution; or confinement in any vehicle, airplane, or
place while being returned from outside of this state into this state
by a private person or entity pursuant to a contract entered into
under division (E) of section 311.29 of the Revised Code or division
(B) of section 5149.03 of the Revised Code. For a person confined in
a county jail who participates in a county jail industry program
pursuant to section 5147.30 of the Revised Code, "detention"
includes time spent at an assigned work site and going to and from
the work site.
(F)(6)
"Detention
facility" means any public or private place used for the
confinement of a person charged with or convicted of any crime in
this state or another state or under the laws of the United States or
alleged or found to be a delinquent child or unruly child in this
state or another state or under the laws of the United States.
(G)(7)
"Valuable
thing or valuable benefit" includes, but is not limited to, a
contribution. This inclusion does not indicate or imply that a
contribution was not included in those terms before September 17,
1986.
(H)(8)
"Campaign
committee," "contribution," "political action
committee," "legislative campaign fund," "political
party," and "political contributing entity" have the
same meanings as in section 3517.01 of the Revised Code.
(I)(9)
"Provider
agreement" has the same meaning as in section 5164.01 of the
Revised Code.
(10) "Burn injury" means any of the following:
(a) Second or third degree burns;
(b) Any burns to the upper respiratory tract or laryngeal edema due to the inhalation of superheated air;
(c) Any burn injury or wound that may result in death;
(d) Any physical harm to persons caused by or as the result of the use of fireworks, novelties and trick noisemakers, and wire sparklers, as each is defined by section 3743.01 of the Revised Code.
(11) "Chief legal officer" has the same meaning as in section 733.621 of the Revised Code.
(12) "Cleric" has the same meaning as in section 2317.02 of the Revised Code.
(13) "Correctional employee" and "youth services employee" have the same meanings as in section 149.43 of the Revised Code.
(14) "Dangerous ordnance," "deadly weapon," and "firearm," have the same meanings as in section 2923.11 of the Revised Code.
(15) "Drug of abuse" has the same meaning as in section 3719.011 of the Revised Code.
(16) "Intoxicating liquor" has the same meaning as in section 4301.01 of the Revised Code.
(17) "Moving violation" has the same meaning as in section 2743.70 of the Revised Code.
(18) "Nurse" includes an advanced practice registered nurse, registered nurse, and licensed practical nurse.
(19) Subject to division (J) of this section, "peace officer" and "prosecutor" have the same meanings as in section 2935.01 of the Revised Code.
(20) "Police officer" has the same meaning as in section 4511.01 of the Revised Code.
(21) "Public contract" means any of the following:
(a) The purchase or acquisition, or a contract for the purchase or acquisition, of property or services by or for the use of the state, any of its political subdivisions, or any agency or instrumentality of either, including the employment of an individual by the state, any of its political subdivisions, or any agency or instrumentality of either;
(b) A contract for the design, construction, alteration, repair, or maintenance of any public property.
(22) "Supervised release detention" means detention that is supervision of a person by an employee of the department of rehabilitation and correction while the person is on any type of release from a state correctional institution, other than transitional control under section 2967.26 of the Revised Code or placement in a community-based correctional facility by the parole board under section 2967.28 of the Revised Code.
(23) "Theft offense" has same meaning as in division (A)(11) of section 2913.01 of the Revised Code.
(B) As used in section 2921.02 of the Revised Code, "public servant" also includes a humane society agent approved under section 1717.06 of the Revised Code.
(C) As used in section 2921.03 of the Revised Code, "witness" means any person who has or claims to have knowledge concerning a fact or facts relative to a criminal or delinquent act, whether or not criminal or delinquent child charges are actually filed.
(D) As used in sections 2921.05, 2921.29, and 2921.331 of the Revised Code:
(1) "Physical damage to property" means any tangible or intangible damage to property that, in any degree, results in loss to its value or interferes with its use or enjoyment. Physical damage to property does not include wear and tear occasioned by normal use.
(2) "Serious physical damage to property" means any physical damage to property that does either of the following:
(a) Results in substantial loss to the value of the property or requires a substantial amount of time, effort, or money to repair or replace;
(b) Temporarily prevents the use or enjoyment of the property or substantially interferes with its use or enjoyment for an extended period of time.
(E) As used in section 2921.32 of the Revised Code:
(1) "Act of terrorism" has the same meaning as in section 2909.01 of the Revised Code.
(2) "Adult" and "child" have the same meanings as in section 2151.011 of the Revised Code.
(3) "Delinquent child" has the same meaning as in section 2152.02 of the Revised Code.
(F) As used in section 2921.321 of the Revised Code:
(1) "Assistance dog," "blind," and "mobility impaired person" have the same meanings as in section 955.011 of the Revised Code.
(2) "Physical harm" means any injury, illness, or other physiological impairment, regardless of its gravity or duration.
(3) "Police animal" means an animal that has been trained, and may be used, to assist law enforcement officers in the performance of their official duties.
(4) "Serious physical harm" means any of the following:
(a) Any physical harm that carries a substantial risk of death;
(b) Any physical harm that causes permanent maiming or that involves some temporary, substantial maiming;
(c) Any physical harm that causes acute pain of a duration that results in substantial suffering.
(G) As used in section 2921.41 of the Revised Code:
(1) "Continuing member," "participant account," and "participating employee" have the same meanings as in section 148.01 of the Revised Code.
(2) "Electing employee" and "provider" have the same meanings as in section 3305.01 of the Revised Code.
(3) "Government unit" has the same meaning as in section 148.06 of the Revised Code.
(H) As used in section 2921.421 of the Revised Code, "political subdivision" means a county, a municipal corporation, or a township that adopts a limited home rule government under Chapter 504. of the Revised Code.
(I) As used in section 2921.44 of the Revised Code, "public servant" includes the following:
(1) An officer or employee of a contractor as defined in section 9.08 of the Revised Code;
(2) A fiscal officer employed by the operator of a community school established under Chapter 3314. of the Revised Code or by the operator of a college-preparatory boarding school established under Chapter 3328. of the Revised Code.
(J) As used in section 2921.51 of the Revised Code:
(1) "Federal law enforcement officer" means an employee of the United States who serves in a position the duties of which are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses under the criminal laws of the United States.
(2) "Impersonate" means to act the part of, assume the identity of, wear the uniform or any part of the uniform of, or display the identification of a particular person or of a member of a class of persons with purpose to make another person believe that the actor is that particular person or is a member of that class of persons.
(3) "Investigator of the bureau of criminal identification and investigation" has the same meaning as in section 2903.11 of the Revised Code.
(4) "Peace officer" means a sheriff, deputy sheriff, marshal, deputy marshal, member of the organized police department of a municipal corporation, or township constable, who is employed by a political subdivision of this state; a member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code; a member of a police force employed by a regional transit authority under division (Y) of section 306.35 of the Revised Code; a state university law enforcement officer appointed under section 3345.04 of the Revised Code; a veterans' home police officer appointed under section 5907.02 of the Revised Code; a special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code; an officer, agent, or employee of the state or any of its agencies, instrumentalities, or political subdivisions, upon whom, by statute, a duty to conserve the peace or to enforce all or certain laws is imposed and the authority to arrest violators is conferred, within limits of that statutory duty and authority; or a state highway patrol trooper whose primary duties are to preserve the peace, to protect life and property, and to enforce the laws, ordinances, or rules of the state or any of its political subdivisions.
(5) "Private police officer" means any security guard, special police officer, private detective, or other person who is privately employed in a police capacity.
(K) As used in section 2921.52 of the Revised Code:
(1) "Lawfully issued" means adopted, issued, or rendered in accordance with the United States constitution, the constitution of a state, and the applicable statutes, rules, regulations, and ordinances of the United States, a state, and the political subdivisions of a state.
(2) "State" means a state of the United States, including without limitation, the state legislature, the highest court of the state that has statewide jurisdiction, the offices of all elected state officers, and all departments, boards, offices, commissions, agencies, institutions, and other instrumentalities of the state. "State" does not include the political subdivisions of the state.
(3) "Political subdivisions" means municipal corporations, townships, counties, school districts, and all other bodies corporate and politic that are organized under state law and are responsible for governmental activities only in geographical areas smaller than that of a state.
(4) "Sham legal process" means an instrument that meets all of the following conditions:
(a) It is not lawfully issued.
(b) It purports to do any of the following:
(i) To be a summons, subpoena, judgment, or order of a court, a law enforcement officer, or a legislative, executive, or administrative body.
(ii) To assert jurisdiction over or determine the legal or equitable status, rights, duties, powers, or privileges of any person or property.
(iii) To require or authorize the search, seizure, indictment, arrest, trial, or sentencing of any person or property.
(c) It is designed to make another person believe that it is lawfully issued.
Sec. 2921.02. (A) No person, with purpose to corrupt a public servant or party official, or improperly to influence a public servant or party official with respect to the discharge of the public servant's or party official's duty, whether before or after the public servant or party official is elected, appointed, qualified, employed, summoned, or sworn, shall promise, offer, or give any valuable thing or valuable benefit.
(B) No person, either before or after the person is elected, appointed, qualified, employed, summoned, or sworn as a public servant or party official, shall knowingly solicit or accept for self or another person any valuable thing or valuable benefit to corrupt or improperly influence the person or another public servant or party official with respect to the discharge of the person's or the other public servant's or party official's duty.
(C) No person, with purpose to corrupt a witness or improperly to influence a witness with respect to the witness's testimony in an official proceeding, either before or after the witness is subpoenaed or sworn, shall promise, offer, or give the witness or another person any valuable thing or valuable benefit.
(D) No person, either before or after the person is subpoenaed or sworn as a witness, shall knowingly solicit or accept for self or another person any valuable thing or valuable benefit to corrupt or improperly influence self or another person with respect to testimony given in an official proceeding.
(E) No person, with purpose to corrupt a director, officer, or employee of a municipal school district transformation alliance established under section 3311.86 of the Revised Code, or improperly to influence a director, officer, or employee of a municipal school district transformation alliance with respect to the discharge of the director's, officer's, or employee's duties, whether before or after the director, officer, or employee is appointed or employed, shall promise, offer, or give the director, officer, or employee any valuable thing or valuable benefit.
(F) No person, either before or after the person is appointed or employed as a director, officer, or employee of a municipal school district transformation alliance established under section 3311.86 of the Revised Code, shall knowingly solicit or accept for self or another person any valuable thing or valuable benefit to corrupt or improperly influence the person or another director, officer, or employee of a municipal school district transformation alliance with respect to the discharge of the person's or other director's, officer's, or employee's duties.
(G)
As
used in this section, "public servant" includes a humane
society agent approved under section 1717.06 of the Revised Code.
(H)
Whoever
violates this section is guilty of bribery, a felony of the third
degree.
(I)(H)
A
public servant or party official, or director, officer, or employee
of a municipal school district transformation alliance established
under section 3311.86 of the Revised Code, who is convicted of
bribery is forever disqualified from holding any public office,
employment, or position of trust in this state.
Sec.
2921.03. (A)
No person,
shall
knowingly
and
by force, by unlawful threat of harm to any person or property, or by
filing, recording, or otherwise using a materially false or
fraudulent writing with malicious purpose, in bad faith, or in a
wanton or reckless manner, shall attempt to influence,
intimidate, or hinder a public servant, a party official, or an
attorney or witness involved in a civil or
criminal action
or proceeding
or
delinquent child proceeding
in
the discharge of the
that
person's
the
duties
of
the public servant, party official, attorney, or witness,
by any of the following means:
(1) By force;
(2) By unlawful threat of harm to any person or property;
(3) By filing, recording, or using a materially false or fraudulent writing, if the person knew the writing was materially false or fraudulent or was reckless in that regard.
(B)(1) No person shall recklessly intimidate or hinder the victim of a crime or delinquent act in the filing or prosecution of criminal charges or a delinquent child action or proceeding.
(2) No person shall recklessly intimidate a witness to a criminal or delinquent act because the person witnessed that act.
(C)
Whoever
violates this section is guilty of intimidation,.
A violation of division (A) of this section is
a
felony of the third degree.
A violation of division (B) of this section is a misdemeanor of the
first degree.
(C)(D)
Division (B) of this section does not apply to a person who is
attempting to resolve or has resolved a dispute pertaining to the
alleged commission of a criminal offense, either prior to or
subsequent to the filing of a complaint, indictment, or information,
by participating in the arbitration, mediation, compromise,
settlement, or conciliation of that dispute pursuant to an
authorization for arbitration, mediation, compromise, settlement, or
conciliation of a dispute of that nature that is conferred by any of
the following:
(1) A section of the Revised Code;
(2) The Rules of Criminal Procedure, the Rules of Superintendence for Municipal Courts and County Courts, the Rules of Superintendence for Courts of Common Pleas, or another rule adopted by the supreme court in accordance with Ohio Constitution, Article IV, Section 5;
(3) A local rule of court, including, but not limited to, a local rule of court that relates to alternative dispute resolution or other case management programs and that authorizes the referral of disputes pertaining to the alleged commission of certain types of criminal offenses to appropriate and available arbitration, mediation, compromise, settlement, or other conciliation programs;
(4) The order of a judge of a municipal court, county court, or court of common pleas.
(E) A person who violates division (A) of this section is liable in a civil action to any person harmed by the violation for injury, death, or loss to person or property incurred as a result of the commission of the offense and for reasonable attorney's fees, court costs, and other expenses incurred as a result of prosecuting the civil action commenced under this division. A civil action under this division is not the exclusive remedy of a person who incurs injury, death, or loss to person or property as a result of a violation of division (A) of this section.
Sec.
2921.05. (A)
No person,
shall
purposely
and
by force or by unlawful threat of harm to any person or property,
shall retaliate
against a public servant, a party official, or an attorney or witness
who was involved in a civil or criminal action or proceeding or
a delinquent child proceeding because
the public servant, party official, attorney, or witness discharged
the
that
person's duties
of the public servant, party official, attorney, or witness,
by either of the following means:
(1) By force or unlawful threat of physical harm to any person or physical damage to property;
(2) By unlawful threat to commit any offense against any person.
(B)
No person,
shall
purposely
and
by force or by unlawful threat of harm to any person or property,
shall retaliate
against the victim of a crime through
either of the following means because
the victim filed or
prosecuted criminal
charges
or
assisted with the prosecution of criminal charges:
(1) Through force or unlawful threat of physical harm to any person or physical damage to property;
(2) Through unlawful threat to commit any offense against any person.
(C) Whoever violates this section is guilty of retaliation, a felony of the third degree.
Sec. 2921.11. (A) No person, in any official proceeding, shall knowingly make a false statement under oath or affirmation, or knowingly swear or affirm the truth of a false statement previously made, when either statement is material.
(B) A falsification is material, regardless of its admissibility in evidence, if it can affect the course or outcome of the proceeding. It is no defense to a charge under this section that the offender mistakenly believed a falsification to be immaterial.
(C) It is no defense to a charge under this section that the oath or affirmation was administered or taken in an irregular manner.
(D) Where contradictory statements relating to the same material fact are made by the offender under oath or affirmation and within the period of the statute of limitations for perjury, it is not necessary for the prosecution to prove which statement was false, but only that one or the other was false.
(E)
No
person shall be convicted of a violation of this section where proof
of falsity rests solely upon contradiction by testimony of one person
other than the defendant.
(F)
Whoever
violates this section is guilty of perjury,.
Except as otherwise provided in divisions (E)(1) to (4) of this
section, perjury is
a
felony of the third degree.
(1) Perjury is a felony of the second degree if the official proceeding was a criminal or delinquent child proceeding and the most serious charge in that proceeding was aggravated murder, murder, or a felony of the first degree, or would be a felony of the first degree if committed by an adult.
(2) Perjury is a felony of the fourth degree if the official proceeding was a criminal or delinquent child proceeding and the most serious charge in that proceeding was a felony of the fourth or fifth degree, an unclassified felony other than aggravated murder or murder, or a misdemeanor of the first degree, or would be such a felony or misdemeanor if committed by an adult.
(3) Perjury is a misdemeanor of the first degree if the official proceeding was a criminal or delinquent child proceeding and the most serious charge in that proceeding was a misdemeanor of the second, third, or fourth degree, or would be such a misdemeanor if committed by an adult.
(4) Perjury is a misdemeanor of the third degree if the official proceeding was a criminal or delinquent child proceeding that involved only a minor misdemeanor or an act that would be a minor misdemeanor if committed by an adult.
(F)(1) Division (E) of this section applies to a child who was adjudicated a delinquent child.
(2) For purposes of division (E) of this section, the most serious charge is the charge carrying the greatest penalty.
Sec.
2921.12. (A)
No person,
knowing
with
knowledge that
an official proceeding or investigation is in progress, or is about
to be or likely to be instituted, shall recklessly
do
any of the following:
(1)
Alter, damage,
or destroy,
conceal, or remove
any
record, document, or thing, with purpose to impair its value or
availability as evidence in such proceeding or investigation;
(2) Conceal or remove any record, document, or thing, with purpose to impair its value or availability as evidence in such proceeding or investigation;
(3) Make, present, or use any record, document, or thing, knowing it to be false and with purpose to mislead a public official who is or may be engaged in such proceeding or investigation, or with purpose to corrupt the outcome of any such proceeding or investigation.
(B) Whoever violates this section is guilty of tampering with evidence, a felony of the third degree. Except as otherwise provided in division (B)(1) or (2) of this section, tampering with evidence in violation of division (A)(1) or (2) of this section is a felony of the fifth degree. Tampering with evidence in violation of division (A)(3) of this section is a felony of the third degree.
(1) Tampering with evidence in violation of division (A)(1) of this section is a felony of the fourth degree if the trier of fact finds that, as a result of the violation, the record, document, or thing was substantially altered or damaged in a manner that impairs its usefulness as evidence.
(2) Tampering with evidence in violation of division (A)(1) or (2) of this section is a felony of the third degree if either of the following applies:
(a) As a result of a violation of division (A)(1) of this section, the record, document, or thing was destroyed;
(b) As a result of a violation of division (A)(2) of this section, the record, document, or thing was concealed or removed in a manner that made the evidence completely unavailable for use in the investigation or proceeding.
Sec. 2921.13. (A) No person shall knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when any of the following applies:
(1) The statement is made in any official proceeding.
(2) The statement is made with purpose to incriminate another.
(3) The statement is made with purpose to mislead a public official in performing the public official's official function.
(4)
The statement is made with purpose to secure the payment of
unemployment
compensation; Ohio works first; prevention, retention, and
contingency benefits and services; disability financial assistance;
retirement benefits or health care coverage from a state retirement
system; economic development assistance, as defined in section 9.66
of the Revised Code; or other benefits any
benefit administered
by a governmental agency or paid out of a public treasury.
(5) The statement is made with purpose to secure the issuance by a governmental agency of a license, permit, authorization, certificate, registration, release, or provider agreement.
(6) The statement is sworn or affirmed before a notary public or another person empowered to administer oaths.
(7) The statement is in writing on or in connection with a report or return that is required or authorized by law, or the statement is made on an account, form, record, stamp, label, or other writing required by law.
(8) The statement is in writing and is made with purpose to induce another to extend credit to or employ the offender, to confer any degree, diploma, certificate of attainment, award of excellence, or honor on the offender, or to extend to or bestow upon the offender any other valuable benefit or distinction, when the person to whom the statement is directed relies upon it to that person's detriment.
(9)
The
statement is made with purpose to commit or facilitate the commission
of a theft offense.
(10)
The
statement is knowingly made to a probate court in connection with any
action, proceeding, or other matter within its jurisdiction, either
orally or in a written document, including, but not limited to, an
application, petition, complaint, or other pleading, or an inventory,
account, or report.
(11)
The statement is made on an account, form, record, stamp, label, or
other writing that is required by law.
(12)
The statement is made in connection with the purchase of a firearm,
as defined in section 2923.11 of the Revised Code, and in conjunction
with the furnishing to the seller of the firearm of a fictitious or
altered driver's or commercial driver's license or permit, a
fictitious or altered identification card, or any other document that
contains false information about the purchaser's identity.
(13)(10)
The
statement is made in a document or instrument of writing that
purports to be a judgment, lien, or claim of indebtedness and is
filed or recorded with the secretary of state, a county recorder, or
the clerk of a court of record.
(14)
The statement is made in an application filed with a county sheriff
pursuant to section 2923.125 of the Revised Code in order to obtain
or renew a concealed handgun license or is made in an affidavit
submitted to a county sheriff to obtain a concealed handgun license
on a temporary emergency basis under section 2923.1213 of the Revised
Code.
(15)(11)
The
statement is required under section 5743.71 of the Revised Code in
connection with the person's purchase of cigarettes or tobacco
products in a delivery sale.
(12) The statement is, or the person caused another to make a statement of, a false report under division (B) of section 2151.421 of the Revised Code alleging that any person committed an act or omission that resulted in a child being an abused child or a neglected child.
(13) The statement alleges in a writing directed to a law enforcement agent or agency that a peace officer engaged in misconduct during the performance of the officer's official duties.
(B)
No person, in connection with the purchase of a firearm, as
defined in section 2923.11 of the Revised Code,
shall
knowingly furnish to the seller of the firearm a fictitious or
altered driver's or commercial driver's license or permit, a
fictitious or altered identification card, or any other document that
contains false information about the purchaser's identity.
(C)
No person, in an attempt to obtain a concealed handgun license
under
section 2923.125 of the Revised Code,
shall knowingly
present
to a sheriff a fictitious or altered document that purports to be
certification of the person's competence in handling a handgun as
described in division (B)(3) of that section
make
any false statement in connection with an application filed with a
county sheriff for such a license pursuant to section 2923.125 of the
Revised Code or in connection with an affidavit submitted to a county
sheriff for such a license on a temporary emergency basis under
section 2923.1213 of the Revised Code.
(D) It is no defense to a charge under division (A)(6) of this section that the oath or affirmation was administered or taken in an irregular manner.
(E) If contradictory statements relating to the same fact are made by the offender within the period of the statute of limitations for falsification, it is not necessary for the prosecution to prove which statement was false but only that one or the other was false.
(F)(1)
Whoever
Except
as otherwise provided in division (F)(4) of this section, whoever
violates
division (A)(1),
(2), (3), (4), (5), (6), (7), (8), (10), (11), (13), or (15)
of
this section is guilty of falsification.
Except as otherwise provided in this division,
falsification
is a
misdemeanor of the first degree.
(2)
Whoever
violates division (A)(9) of this section is guilty of falsification
in a theft offense. Except as otherwise provided in this division,
falsification in a theft offense is a misdemeanor of the first
degree. If the value of the property or services stolen is one
thousand dollars or more and is less than seven thousand five hundred
dollars, falsification in a theft offense is a felony of the fifth
degree. If the value of the property or services stolen is seven
thousand five hundred dollars or more and is less than one hundred
fifty thousand dollars, falsification in a theft offense is a felony
of the fourth degree. If the value of the property or services stolen
is one hundred fifty thousand dollars or more, falsification in a
theft offense is a felony of the third degree.
(3)
Whoever
violates division (A)(12)
or (B)
of this section is guilty of falsification to purchase a firearm, a
felony of the fifth degree.
(4)(3)
Whoever
violates division (A)(14)
or (C)
of this section is guilty of falsification to obtain a concealed
handgun license, a felony of the fourth degree.
(5)(4)
Whoever
violates division (A) of this section in removal proceedings under
section 319.26, 321.37, 507.13, or 733.78 of the Revised Code is
guilty of falsification regarding a removal proceeding, a felony of
the third degree.
(G) A person who violates this section is liable in a civil action to any person harmed by the violation for injury, death, or loss to person or property incurred as a result of the commission of the offense and for reasonable attorney's fees, court costs, and other expenses incurred as a result of prosecuting the civil action commenced under this division. A civil action under this division is not the exclusive remedy of a person who incurs injury, death, or loss to person or property as a result of a violation of this section.
Sec. 2921.21. (A) No person shall knowingly demand, accept, or agree to accept anything of value in consideration of abandoning or agreeing to abandon a pending criminal prosecution.
(B)
It is an affirmative defense to a charge under this section when both
all
of
the following apply:
(1)
The pending prosecution involved is for a
violation of section 2913.02 or 2913.11, division (B)(2) of section
2913.21, or section 2913.47 of the Revised Code, of which the actor
under this section was an
offense for which the
victim
is
capable of receiving restitution.
(2)
The thing of value demanded, accepted, or agreed to be accepted, in
consideration of abandoning or agreeing to abandon the prosecution,
did not exceed an amount that the actor
victim
reasonably
believed due him
the
victim
as
restitution for the loss caused him
to
the victim
by
the offense.
(3) The prosecuting attorney assigned to the case was notified of the pretrial restitution agreement.
(C) When a prosecuting witness abandons or agrees to abandon a prosecution under division (B) of this section, the abandonment or agreement in no way binds the state to abandoning the prosecution.
(D) Whoever violates this section is guilty of compounding a crime, a misdemeanor of the first degree.
Sec. 2921.23. (A) No person shall negligently fail or refuse to aid a law enforcement officer, when called upon for assistance in preventing or halting the commission of an offense, or in apprehending or detaining an offender, when such aid can be given without a substantial risk of physical harm to the person giving it.
(B) No person shall knowingly fail or refuse to aid a law enforcement officer, when called upon for assistance in protecting the officer, when the person knows or has reasonable cause to believe that the officer is in danger of suffering serious physical harm, when such aid can be given without a substantial risk of serious physical harm to the person giving it.
(C)
Whoever
violates this section is guilty of failure to aid a law enforcement
officer,.
A violation of division (A) of this section is
a
minor misdemeanor.
A
violation of division (B) of this section is a misdemeanor of the
first degree.
Sec. 2921.24. (A) No officer or employee of a municipality, of a law enforcement agency or court, or of the office of the clerk of any court, including a mayor's court, shall purposely disclose during the pendency of any criminal case the home address of any peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, or youth services employee who is a witness or arresting officer in the case.
(B) Division (A) of this section does not prohibit a peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, or youth services employee from disclosing the peace officer's, parole officer's, prosecuting attorney's, assistant prosecuting attorney's, correctional employee's, or youth services employee's own home address, and does not apply to any person who discloses the home address of a peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, or youth services employee pursuant to a court-ordered disclosure under division (C) of this section.
(C)
The
A
judge of a court of record, a mayor presiding over a mayor's court,
or a court
in which any criminal case is pending may
shall
not order
the disclosure of the home address of any peace officer, parole
officer, prosecuting attorney, assistant prosecuting attorney,
correctional employee, or youth services employee who is a witness or
arresting officer in the case, if
unless
the
judge,
mayor, or court
determines after a written request by
the defendant for
the disclosure that good
cause a
compelling interest exists
for disclosing the home address of the peace officer, parole officer,
prosecuting attorney, assistant prosecuting attorney, correctional
employee, or youth services employee.
(D) Whoever violates division (A) of this section is guilty of disclosure of confidential information, a misdemeanor of the fourth degree.
(E)
As used in this section:
(1)
"Peace officer" has the same meaning as in section 2935.01
of the Revised Code.
(2)
"Correctional employee" and "youth services employee"
have the same meanings as in section 149.43 of the Revised Code.
Sec. 2921.26. (A)(1) No person, having knowledge that a felony was or is being committed, shall knowingly fail to report such information to law enforcement authorities.
(2) No person who discovers a body shall negligently fail to report the death immediately to law enforcement authorities, the deceased's primary care physician, the deceased's advanced practice registered nurse, an ambulance service, an emergency squad, or the coroner in the political subdivision where the body is discovered. For purposes of this division, "advanced practice registered nurse" does not include a certified registered nurse anesthetist.
(3) Upon the request of medical or law enforcement authorities, no person who discovers a body or has firsthand knowledge of the circumstances of a death shall fail to provide to such authorities any facts within the person's knowledge that may have bearing on the investigation into the death.
(B)(1) Nothing in this section requires disclosure of information when the information is privileged by reason of the relationship between any of the following:
(a) Attorney and client;
(b) Physician and patient;
(c) Advanced practice registered nurse and patient;
(d) Licensed psychologist or licensed school psychologist and client;
(e) Licensed professional clinical counselor or licensed professional counselor and client;
(f) Independent social worker or social worker and client;
(g) Independent marriage and family therapist and client;
(h) Spouses.
(2) Nothing in this section requires disclosure of information when any of the following applies:
(a) The information would tend to incriminate a member of the actor's immediate family;
(b) Disclosure would reveal a news source privileged under section 2739.04 or 2739.12 of the Revised Code;
(c) Disclosure would amount to disclosure by a member of the ordained clergy of an organized religious body of a confidential communication made to that member in that member's capacity as a member of the clergy by a person seeking the aid or counsel of that member, whether or not such aid or counsel is sought for a religious purpose;
(d) Disclosure would amount to revealing information acquired by the actor in the course of the actor's duties in connection with a bona fide program of treatment or services for drug dependent persons or persons in danger of drug dependence, which program is maintained or conducted by a hospital, clinic, person, agency, or community addiction services provider whose alcohol and drug addiction services are certified under section 5119.36 of the Revised Code;
(e) Disclosure would amount to revealing information acquired by the actor in the course of the actor's duties in connection with a bona fide program for providing counseling services to victims of crimes that are violations of section 2907.02 or 2907.05 of the Revised Code or to victims of felonious sexual penetration in violation of former section 2907.12 of the Revised Code. For purposes of this division, "counseling services" include services provided in an informal setting by a person who, by education or experience, is competent to provide those services.
(C) Whoever violates this section is guilty of failure to report a crime or death, a misdemeanor of the fourth degree.
(D) No disclosure of information pursuant to this section gives rise to any liability or recrimination for a breach of privilege or confidence.
Sec. 2921.27. (A) Except for conditions that are within the scope of section 2921.28 of the Revised Code, no person giving aid to a sick or injured person shall negligently fail to report to law enforcement authorities any of the following:
(1) Any gunshot or stab wound treated or observed by the person giving aid;
(2) Any serious physical harm to a person that the person giving aid knows or has reasonable cause to believe resulted from an offense of violence.
(B)(1) No doctor of medicine or osteopathic medicine, hospital intern or resident, nurse, psychologist, social worker, independent social worker, social work assistant, licensed professional clinical counselor, licensed professional counselor, independent marriage and family therapist, or marriage and family therapist who knows or has reasonable cause to believe that a patient or client has been the victim of domestic violence shall fail to report that knowledge or belief and the basis for it in the patient's or client's records.
(2) Notwithstanding section 4731.22 of the Revised Code, the physician-patient privilege or advanced practice registered nurse-patient privilege shall not be a ground for excluding any information regarding the report containing the knowledge or belief noted under division (B)(1) of this section, and the information may be admitted as evidence in accordance with the Rules of Evidence.
(C) No disclosure of information pursuant to this section gives rise to any liability or recrimination for a breach of privilege or confidence.
(D) Whoever violates this section is guilty of failure to report a gunshot wound, stab wound, domestic violence, or serious physical harm, a misdemeanor of the second degree.
Sec. 2921.28. (A) No physician, nurse, physician assistant, or limited practitioner who, outside a hospital, sanitarium, or other medical facility, attends or treats a person who has sustained a burn injury that is inflicted by an explosion or other incendiary device or that shows evidence of having been inflicted in a violent, malicious, or criminal manner shall fail to report the burn injury immediately to the local arson, or fire and explosion investigation, bureau, if there is a bureau of this type in the jurisdiction in which the person is attended or treated, or otherwise to local law enforcement authorities.
(B) No manager, superintendent, or other person in charge of a hospital, sanitarium, or other medical facility in which a person is attended or treated for any burn injury that is inflicted by an explosion or other incendiary device or that shows evidence of having been inflicted in a violent, malicious, or criminal manner shall fail to report the burn injury immediately to the local arson, or fire and explosion investigation, bureau, if there is a bureau of this type in the jurisdiction in which the person is attended or treated, or otherwise to local law enforcement authorities.
(C) No person who is required to report any burn injury under this section shall fail to file, within three working days after attending or treating the victim, a written report of the burn injury with the office of the state fire marshal. The report shall comply with the uniform standard developed by the state fire marshal under division (A)(15) of section 3737.22 of the Revised Code.
(D) Anyone participating in the making of reports under this section or anyone participating in a judicial proceeding resulting from the reports is immune from any civil or criminal liability that otherwise might be incurred or imposed as a result of such actions. Notwithstanding section 4731.22 of the Revised Code, the physician-patient relationship or advanced practice nurse-patient relationship is not a ground for excluding evidence regarding a person's burn injury or the cause of the burn injury in any judicial proceeding resulting from a report submitted under this section.
(E) No disclosure of information pursuant to this section gives rise to any liability or recrimination for a breach of privilege or confidence.
(F) Whoever violates this section is guilty of failure to report a burn injury.
(1) Whoever negligently violates this section is guilty of a minor misdemeanor.
(2) Whoever knowingly violates this section is guilty of a misdemeanor of the second degree.
Sec.
2921.29. (A)
No person who is in a public place shall knowingly
refuse
to disclose the person's name,
or
address,
or date of birth,
when
requested by a law enforcement officer
who
reasonably suspects either,
if both
of
the following
apply:
(1) The officer reasonably suspects any of the following:
(a) The person is committing, has committed, or is about to commit a criminal offense.
(2)(b)
The
person witnessed any of the following:
(a)(i)
An
offense of violence that would constitute a felony under the laws of
this state;
(b)(ii)
A
felony offense that causes or results in, or creates a substantial
risk of, serious physical harm to another person or serious
physical damage to
property;
(c)(iii)
Any
attempt or conspiracy to commit, or complicity in committing, any
offense identified in division (A)(2)(a)(A)(1)(b)(i)
or
(b)(ii)
of
this section;
(d)(iv)
Any
conduct reasonably indicating that any offense identified in division
(A)(2)(a)(A)(1)(b)(i)
or
(b)(ii)
of
this section or any attempt, conspiracy, or complicity described in
division (A)(2)(c)(A)(1)(b)(iii)
of
this section has been, is being, or is about to be committed.
(2) The officer has advised the person that disclosure of the person's name or address is required by law because the officer reasonably suspects the person of any of the conduct described in division (A)(1) of this section.
(B) Whoever violates this section is guilty of failure to disclose one's personal information, a misdemeanor of the fourth degree.
(C)
Nothing in this section requires a person to answer any questions
beyond that person's name,
or
address,
or date of birth.
Nothing in this section authorizes a law enforcement officer to
arrest a person for not providing any information beyond that
person's name,
or
address,
or date of birth or
for refusing to describe the offense observed.
(D)
It is not a violation of this section to refuse to answer a question
that would reveal a person's age or date of birth if age is an
element of the crime that the person is suspected of committing.
Sec. 2921.31. (A) No person, without privilege to do so and with purpose to prevent, obstruct, or delay the performance by a public official of any authorized act within the public official's official capacity, shall do any act that actually hampers or impedes a public official in the performance of the public official's lawful duties.
(B) This section does not apply to a person who prevents, obstructs, or delays a law enforcement agent investigating a criminal offense.
(C)
Whoever
violates this section is guilty of obstructing official business.
Except as otherwise provided in this division,
obstructing
official business is a
misdemeanor of the second degree. If
a violation of this section creates a risk of physical harm to any
person, obstructing official business is a felony of the fifth
degree.
Sec.
2921.32. (A)
No person,
with purpose to
shall
purposely materially hinder
the investigation,
discovery,
apprehension, adjudication
as a delinquent child, prosecution,
conviction, or punishment of another
any
person for
a
crime
or to
assist another to benefit from the commission of a crime, and no
person, with purpose to hinder the discovery, apprehension,
prosecution, adjudication as a delinquent child, or disposition of a
child for an act that if committed by an adult would be a crime or to
assist a child to benefit from the commission of an act that if
committed by an adult would be a crime, shall do delinquent
act by doing any
of the following:
(1)
Harbor
or conceal Harboring
or concealing the
other person or child;
(2)
Provide
the other Providing
another person
or child with money, transportation, a weapon, a disguise, or other
means of avoiding discovery or apprehension;
(3)
Warn
the other Warning
another person
or child of impending discovery or apprehension;
(4)
Destroy
or conceal physical evidence of the crime or act, or induce Inducing
any
person to withhold testimony or information or to elude legal process
summoning the person to testify or supply evidence;
(5)
Communicate
Communicating
false
information to any person;
(6)
Prevent
or obstruct Preventing
or obstructing any
person, by means of force, intimidation, or deception, from
performing any act to aid in the investigation,
discovery,
apprehension, or prosecution of the
other any
person
or
child.
(B) No person, knowing that the person is being detained for investigative purposes, shall recklessly fail to comply with a lawful order to remain in a specific location during the pendency of a lawful stop based on reasonable suspicion for investigative purposes.
(C)
A
person may be prosecuted for, and may be convicted of or adjudicated
a delinquent child for committing, a violation of division (A) of
this section regardless of whether the person or child aided
ultimately is apprehended for, is charged with, is convicted or
acquitted of,
pleads guilty to, or is adjudicated a delinquent child for committing
the crime or act the person or child aided committed.
The
crime or act the person or child aided committed shall be used under
division (C) of this section in determining the penalty for the
violation of division (A) of this section, regardless of whether the
person or child aided ultimately is apprehended for, is charged with,
is convicted of, pleads guilty to, or is adjudicated a delinquent
child for committing the crime or act the person or child aided
committed.
(C)(1)(D)
Whoever
violates this section is guilty of obstructing justice
and
shall be punished as provided in division (D)(1) or (2) of this
section.
(1) Obstructing justice in violation of division (A) of this section is one of the following:
(a) Except as otherwise provided in divisions (D)(1)(b) to (d) of this section, obstructing justice in violation of division (A) of this section is a felony of the fifth degree.
(b) Obstructing justice in violation of division (A) of this section is a felony of the second degree if both of the following apply:
(i) The crime committed or under investigation was aggravated murder, murder, or an act of terrorism, or the act committed by the child aided would be one of those offenses if committed by an adult;
(ii) The offender knew or reasonably should have known the crime committed.
(c) Obstructing justice in violation of division (A) of this section is a felony of the third degree if both of the following apply:
(i) The crime committed was a felony of the first or second degree, or the act committed by the child aided would be one of those offenses if committed by an adult;
(ii) The offender knew or reasonably should have known the crime committed.
(d) If the crime committed by the person aided is a misdemeanor, or if the act committed by the child aided would be a misdemeanor if committed by an adult, obstructing justice in violation of division (A) of this section is a misdemeanor of the most serious degree of crime committed by the person aided or a misdemeanor of the most serious degree that the act committed by the child aided would be if committed by an adult.
(2) Obstruction of justice in violation of division (B) of this section is a misdemeanor of the second degree.
(2)
If the crime committed by the person aided is a misdemeanor or if the
act committed by the child aided would be a misdemeanor if committed
by an adult, obstructing justice is a misdemeanor of the same degree
as the crime committed by the person aided or a misdemeanor of the
same degree that the act committed by the child aided would be if
committed by an adult.
(3)
Except as otherwise provided in divisions (C)(4), (5), and (6) of
this section, if the crime committed by the person aided is a felony
or if the act committed by the child aided would be a felony if
committed by an adult, obstructing justice is a felony of the fifth
degree.
(4)
Except as otherwise provided in division (C)(6) of this section, if
the crime committed by the person aided is aggravated murder, murder,
or a felony of the first or second degree or if the act committed by
the child aided would be one of those offenses if committed by an
adult and if the offender knows or has reason to believe that the
crime committed by the person aided is one of those offenses or that
the act committed by the child aided would be one of those offenses
if committed by an adult, obstructing justice is a felony of the
third degree.
(5)
If the crime or act committed by the person or child aided is an act
of terrorism, obstructing justice is one of the following:
(a)
Except as provided in division (C)(5)(b) of this section, a felony of
the second degree;
(b)
If the act of terrorism resulted in the death of a person who was not
a participant in the act of terrorism, a felony of the first degree.
(6)
If the crime committed by the person is trafficking in persons or if
the act committed by the child aided would be trafficking in persons
if committed by an adult, obstructing justice is a felony of the
second degree.
(D)
As used in this section:
(1)
"Adult" and "child" have the same meanings as in
section 2151.011 of the Revised Code.
(2)
"Delinquent child" has the same meaning as in section
2152.02 of the Revised Code.
(3)
"Act of terrorism" has the same meaning as in section
2909.21 of the Revised Code.
Sec.
2921.321. (A)
No person shall knowingly cause,
or attempt to cause,
physical
harm to a police animal
or assistance dog
or
horse in
either
any
of
the following circumstances:
(1)
The police dog
or horse animal
is
assisting a law enforcement officer in the performance of the
officer's official duties at the time the physical harm is caused
or
attempted.
(2)
The police dog
or horse animal
is
not assisting a law enforcement officer in the performance of the
officer's official duties at the time the physical harm is caused
or
attempted,
but the offender
accused
has
actual knowledge that the dog
or horse animal
is
a police
dog
or horse
animal.
(3) The assistance dog is assisting the person whom the dog was trained to assist.
(4) The assistance dog is not assisting the person whom the dog was trained to assist, but the accused has actual knowledge that the dog is an assistance dog.
(B) No person shall recklessly do any of the following:
(1)
Taunt,
torment, or strike a police dog or horse;
(2)
Throw an object or substance at a police dog or horse;
(3)
Interfere
with or obstruct a police
dog
or horse
animal,
or interfere with or obstruct a law enforcement officer who is being
assisted by a police
dog
or horse
animal,
in a manner that does
any of the following:
(a)
Inhibits inhibits
or
restricts the law
enforcement officer's
control of the police
dog or horse;
(b)
Deprives the law enforcement officer of control of the police dog or
horse;
(c)
Releases the police dog or horse from its area of control;
(d)
Enters the area of control of the police dog or horse without the
consent of the law enforcement officer, including placing food or any
other object or substance into that area;
(e)
Inhibits or restricts animal
or the
ability of the police
dog or horse animal
to
assist
a law enforcement officer.
provide
the services for which it was trained;
(4)
Engage in any conduct that is likely to cause serious physical injury
or death to a police dog or horse(2)
Interfere with or obstruct an assistance dog in a manner that
inhibits or restricts the control of the dog or the ability of the
dog to provide the services for which it was trained;
(5)(3)
If
the person is the owner, keeper, or harborer of a dog, fail to
reasonably restrain the dog from taunting,
tormenting, chasing,
approaching in a menacing fashion or apparent attitude of attack, or
attempting to bite or otherwise endanger a police animal
or assistance dog
or
horse that
at the time of the conduct is assisting
a law enforcement officer in the performance of the officer's duties
providing
the services for which it was trained or
that
the
person
owner,
keeper, or harborer of the dog knows
the
animal is
a police animal
or assistance dog
or
horse.
(C)
No
person shall knowingly cause, or attempt to cause, physical harm to
an assistance dog in either of the following circumstances:
(1)
The dog is assisting or serving a blind, deaf or hearing impaired, or
mobility impaired person at the time the physical harm is caused or
attempted.
(2)
The dog is not assisting or serving a blind, deaf or hearing
impaired, or mobility impaired person at the time the physical harm
is caused or attempted, but the offender has actual knowledge that
the dog is an assistance dog.
(D)
No person shall recklessly do any of the following:
(1)
Taunt, torment, or strike an assistance dog;
(2)
Throw an object or substance at an assistance dog;
(3)
Interfere with or obstruct an assistance dog, or interfere with or
obstruct a blind, deaf or hearing impaired, or mobility impaired
person who is being assisted or served by an assistance dog, in a
manner that does any of the following:
(a)
Inhibits or restricts the assisted or served person's control of the
dog;
(b)
Deprives the assisted or served person of control of the dog;
(c)
Releases the dog from its area of control;
(d)
Enters the area of control of the dog without the consent of the
assisted or served person, including placing food or any other object
or substance into that area;
(e)
Inhibits or restricts the ability of the dog to assist the assisted
or served person.
(4)
Engage in any conduct that is likely to cause serious physical injury
or death to an assistance dog;
(5)
If the person is the owner, keeper, or harborer of a dog, fail to
reasonably restrain the dog from taunting, tormenting, chasing,
approaching in a menacing fashion or apparent attitude of attack, or
attempting to bite or otherwise endanger an assistance dog that at
the time of the conduct is assisting or serving a blind, deaf or
hearing impaired, or mobility impaired person or that the person
knows is an assistance dog.
(E)(1)
Whoever
violates division
(A) of this
section is guilty of assaulting a police animal
or assistance dog
or
horse,
and shall be punished as provided in divisions (E)(1)(a)
and (b) (C)(1)
to (3) of
this section.
(a)(1)
Except
as otherwise provided in this
division
(C)(2)
or (3) of this section,
assaulting a police animal
or assistance dog
or
horse is
a misdemeanor of the second degree. If
(2)
If the
violation results in the death of the police animal
or assistance dog
or
horse,
assaulting a police animal
or assistance dog
or
horse is
a felony of the third degree and
the court shall impose as a mandatory prison term one of the definite
prison terms prescribed in division (A)(3)(b) of section 2929.14 of
the Revised Code for a felony of the third degree. If
(3)
If the
violation results in serious physical harm to the police animal
or assistance dog
or
horse other
than its death, assaulting a police animal
or assistance dog
or
horse is
a felony of the fourth degree. If
the violation results in physical harm to the police dog or horse
other than death or serious physical harm, assaulting a police dog or
horse is a misdemeanor of the first degree.
(b)
In addition to any other sanction imposed for assaulting a police dog
or horse, if the violation of division (A) of this section results in
the death of the police dog or horse, the sentencing court shall
impose as a financial sanction a mandatory fine under division
(B)(10) of section 2929.18 of the Revised Code. The fine shall be
paid to the law enforcement agency that was served by the police dog
or horse that was killed, and shall be used by that agency only for
one or more of the following purposes:
(i)
If the dog or horse was not owned by the agency, the payment to the
owner of the dog or horse of the cost of the dog or horse and the
cost of the training of the dog or horse to qualify it as a police
dog or horse, if that cost has not previously been paid by the
agency;
(ii)
After payment of the costs described in division (E)(1)(b)(i) of this
section, if applicable, payment of the cost of replacing the dog or
horse that was killed;
(iii)
After payment of the costs described in division (E)(1)(b)(i) of this
section, if applicable, payment of the cost of training the
replacement dog or horse to qualify it as a police dog or horse;
(iv)
After payment of the costs described in division (E)(1)(b)(i) of this
section, if applicable, payment of the cost of further training of
the replacement dog or horse that is needed to train it to the level
of training that had been achieved by the dog or horse that was
killed.
(2)
Whoever violates division (B) of this section is guilty of harassing
a police dog or horse. Except as otherwise provided in this division,
harassing a police dog or horse is a misdemeanor of the second
degree. If the violation results in the death of the police dog or
horse, harassing a police dog or horse is a felony of the third
degree. If the violation results in serious physical harm to the
police dog or horse, but does not result in its death, harassing a
police dog or horse, is a felony of the fourth degree. If the
violation results in physical harm to the police dog or horse, but
does not result in its death or in serious physical harm to it,
harassing a police dog or horse is a misdemeanor of the first degree.
(3)
Whoever violates division (C) of this section is guilty of assaulting
an assistance dog. Except as otherwise provided in this division,
assaulting an assistance dog is a misdemeanor of the second degree.
If the violation results in the death of the assistance dog,
assaulting an assistance dog is a felony of the third degree. If the
violation results in serious physical harm to the assistance dog
other than its death, assaulting an assistance dog is a felony of the
fourth degree. If the violation results in physical harm to the
assistance dog other than death or serious physical harm, assaulting
an assistance dog is a misdemeanor of the first degree.
(4)
Whoever violates division (D) of this section is guilty of harassing
an assistance dog. Except as otherwise provided in this division,
harassing an assistance dog is a misdemeanor of the second degree. If
the violation results in the death of the assistance dog, harassing
an assistance dog is a felony of the third degree. If the violation
results in serious physical harm to the assistance dog, but does not
result in its death, harassing an assistance dog is a felony of the
fourth degree. If the violation results in physical harm to the
assistance dog, but does not result in its death or in serious
physical harm to it, harassing an assistance dog is a misdemeanor of
the first degree.
(5)
In addition to any other sanction or penalty imposed for the offense
under this section, Chapter 2929., or any other provision of the
Revised Code, whoever violates division (A), (B), (C), or (D) of this
section is responsible for the payment of all of the following:
(a)
Any veterinary bill or bill for medication incurred as a result of
the violation by the police department regarding a violation of
division (A) or (B) of this section or by the blind, deaf or hearing
impaired, or mobility impaired person assisted or served by the
assistance dog regarding a violation of division (C) or (D) of this
section;
(b)
The cost of any damaged equipment that results from the violation;
(c)
If the violation did not result in the death of the police dog or
horse or the assistance dog that was the subject of the violation and
if, as a result of that dog or horse being the subject of the
violation, the dog or horse needs further training or retraining to
be able to continue in the capacity of a police dog or horse or an
assistance dog, the cost of any further training or retraining of
that dog or horse by a law enforcement officer or by the blind, deaf
or hearing impaired, or mobility impaired person assisted or served
by the assistance dog;
(d)
If the violation resulted in the death of the assistance dog that was
the subject of the violation or resulted in serious physical harm to
the police dog or horse or the assistance dog or horse that was the
subject of the violation to the extent that the dog or horse needs to
be replaced on either a temporary or a permanent basis, the cost of
replacing that dog or horse and of any further training of a new
police dog or horse or a new assistance dog by a law enforcement
officer or by the blind, deaf or hearing impaired, or mobility
impaired person assisted or served by the assistance dog, which
replacement or training is required because of the death of or the
serious physical harm to the dog or horse that was the subject of the
violation.
(F)(D)
This
section does not apply to a licensed veterinarian whose conduct is in
accordance with Chapter 4741. of the Revised Code.
(G)(E)
This
section only applies to an offender who knows or should know at the
time of the violation that the police dog
or horse animal
or
assistance dog that is the subject of a violation under this section
is a police dog
or horse animal
or
an
assistance
dog.
(H)
As used in this section:
(1)
"Physical harm" means any injury, illness, or other
physiological impairment, regardless of its gravity or duration.
(2)
"Police dog or horse" means a dog or horse that has been
trained, and may be used, to assist law enforcement officers in the
performance of their official duties.
(3)
"Serious physical harm" means any of the following:
(a)
Any physical harm that carries a substantial risk of death;
(b)
Any physical harm that causes permanent maiming or that involves some
temporary, substantial maiming;
(c)
Any physical harm that causes acute pain of a duration that results
in substantial suffering.
(4)
"Assistance dog," "blind," and "mobility
impaired person" have the same meanings as in section 955.011 of
the Revised Code.
Sec.
2921.33. (A)
No person,
recklessly or by force,
shall
knowingly
resist
or interfere with a lawful arrest of the person or another.
(B)
No
person, recklessly or by force, shall resist or interfere with a
lawful arrest of the person or another person and, during the course
of or as a result of the resistance or interference, cause physical
harm to a law enforcement officer.
(C)
No person, recklessly or by force, shall resist or interfere with a
lawful arrest of the person or another person if either of the
following applies:
(1)
The offender, during the course of or as a result of the resistance
or interference, recklessly causes physical harm to a law enforcement
officer by means of a deadly weapon;
(2)
The offender, during the course of the resistance or interference,
brandishes a deadly weapon.
(D)
Whoever
violates this section is guilty of resisting arrest
and
shall be punished as provided in divisions (B)(1) to (4) of this
section.
A
violation of division (A) of this section
(1)
Except as otherwise provided in divisions (B)(2) to (4) of this
section, resisting arrest
is
a misdemeanor of the second degree.
A
violation of division (B) of this section
(2)
Except as otherwise provided in division (B)(3) or (4) of this
section, resisting arrest is
a misdemeanor of the first degree
if
the trier of fact finds that during the commission of the violation
the offender recklessly caused physical harm to any person.
A
violation of division (C) of this section
(3) Except as otherwise provided in division (B)(4) of this section, resisting arrest is a felony of the fourth degree if the trier of fact finds that during the commission of the violation the offender recklessly caused physical harm to any person by means of a deadly weapon.
(4) Resisting arrest is a felony of the third degree if the trier of fact finds that during the commission of the violation the offender recklessly caused serious physical harm to any person.
(E)
As used in this section, "deadly weapon" has the same
meaning as in section 2923.11 of the Revised Code.
Sec. 2921.331. (A) No person shall recklessly fail to comply with any lawful order or direction of any police officer invested with authority to direct, control, or regulate traffic.
(B)
No person shall operate a motor vehicle so as willfully
to
purposely
elude
or flee a police officer after receiving a visible or audible signal
from a police officer to bring the person's motor vehicle to a stop.
(C)(1) Whoever violates this section is guilty of failure to comply with an order or signal of a police officer.
(2) A violation of division (A) of this section is a misdemeanor of the first degree.
(3) Except as provided in divisions (C)(4) and (5) of this section, a violation of division (B) of this section is a misdemeanor of the first degree.
(4)
Except as provided in division (C)(5) of this section, a violation of
division (B) of this section is a felony of the fourth degree if the
jury
or judge as trier
of fact finds by
proof beyond a reasonable doubt that,
in committing the offense, the offender was fleeing immediately after
the commission of a felony.
(5)(a)
A violation of division (B) of this section is a felony of the third
degree if the jury
or judge as trier
of fact finds any of the following
by
proof beyond a reasonable doubt:
(i) The operation of the motor vehicle by the offender was a proximate cause of serious physical harm to persons or serious physical damage to property.
(ii) The operation of the motor vehicle by the offender caused a substantial risk of serious physical harm to persons or serious physical damage to property.
(b) If a police officer pursues an offender who is violating division (B) of this section and division (C)(5)(a) of this section applies, the sentencing court, in determining the seriousness of an offender's conduct for purposes of sentencing the offender for a violation of division (B) of this section, shall consider, along with the factors set forth in sections 2929.12 and 2929.13 of the Revised Code that are required to be considered, all of the following:
(i) The duration and distance of the pursuit;
(ii)
The
distance of the pursuit;
(iii)
The
rate of speed at which the offender operated the motor vehicle during
the pursuit;
(iv)
Whether the offender failed to stop for traffic lights or stop signs
during the pursuit;
(v)(iii)
The
number of traffic lights or stop signs for which the offender failed
to stop during the pursuit,
if any;
(vi)(iv)
Whether
the offender operated the motor vehicle during the pursuit without
lighted lights during a time when lighted lights are required;
(vii)
Whether the offender committed a moving violation during the pursuit;
(viii)(v)
The
number of moving violations the offender committed during the
pursuit;
(ix)(vi)
Any
other relevant factors
indicating
that the offender's conduct is more serious than conduct normally
constituting the offense.
(D)
If
an offender is sentenced pursuant to division (C)(4) or (5) of this
section for a violation of division (B) of this section, and if the
offender is sentenced to a prison term for that violation, the
offender shall serve the prison term consecutively to any other
prison term or mandatory prison term imposed upon the offender.
(E)
In
addition to any other sanction imposed for a felony
violation
of division
(B) of this
section,
the
court shall impose a class two suspension from the range specified in
division (A)(2) of section 4510.02 of the Revised Code. In addition
to any other sanction imposed for a violation of division (A) of this
section or a misdemeanor violation of division (B) of this section,
the court shall impose a class five suspension from the range
specified in division (A)(5) of section 4510.02 of the Revised Code.
If the offender previously has been found guilty of an offense under
this section, in addition to any other sanction imposed for the
offense, the court shall impose a class one suspension as described
in division (A)(1) of that section. The court shall not grant limited
driving privileges to the offender on a suspension imposed for a
felony violation of this section. The court may grant limited driving
privileges to the offender on a suspension imposed for a misdemeanor
violation of this section as set forth in section 4510.021 of the
Revised Code. No judge shall suspend the first three years of
suspension under a class two suspension of an offender's license,
permit, or privilege required by this division on any portion of the
suspension under a class one suspension of an offender's license,
permit, or privilege required by this division
all
of the following apply:
(1) For a felony violation of this section, the court may impose a license suspension within the range specified for either a class two or class three license suspension as provided in section 4510.02 of the Revised Code.
(2) For a misdemeanor violation of this section, the court may impose a license suspension within the range specified for either a class five or class six license suspension as provided in section 4510.02 of the Revised Code.
(3) If the court imposes a class of suspension under this division, the court shall not suspend the definite period of suspension of the range provided in section 4510.02 of the Revised Code for that suspension class. However, the court may grant limited driving privileges to the offender as provided in section 4510.221 of the Revised Code and may specify any reasonable conditions on the exercise of the limited driving privileges that the court deems appropriate.
(F)
As used in this section:
(1)
"Moving violation" has the same meaning as in section
2743.70 of the Revised Code.
(2)
"Police officer" has the same meaning as in section 4511.01
of the Revised Code.
Sec. 2921.34. (A)(1) No person, knowing the person is under detention, other than supervised release detention, or being reckless in that regard, shall purposely break or attempt to break the detention, or purposely fail to return to detention, either following temporary leave granted for a specific purpose or limited period, or at the time required when serving a sentence in intermittent confinement.
(2)(a) Division (A)(2)(b) of this section applies to any person who is sentenced to a prison term pursuant to division (A)(3) or (B) of section 2971.03 of the Revised Code.
(b) No person to whom this division applies, for whom the requirement that the entire prison term imposed upon the person pursuant to division (A)(3) or (B) of section 2971.03 of the Revised Code be served in a state correctional institution has been modified pursuant to section 2971.05 of the Revised Code, and who, pursuant to that modification, is restricted to a geographic area, knowing that the person is under a geographic restriction or being reckless in that regard, shall purposely leave the geographic area to which the restriction applies or purposely fail to return to that geographic area following a temporary leave granted for a specific purpose or for a limited period of time.
(3)
No person, knowing the person is under supervised release detention
or being reckless in that regard, shall purposely break or attempt to
break the supervised release detention or purposely fail to return to
the supervised release detention, either following temporary leave
granted for a specific purpose or limited period, or at the time
required when serving a sentence in intermittent confinement.
(B) Irregularity in bringing about or maintaining detention, or lack of jurisdiction of the committing or detaining authority, is not a defense to a charge under this section if the detention is pursuant to judicial order or in a detention facility. In the case of any other detention, irregularity or lack of jurisdiction is an affirmative defense only if either of the following occurs:
(1) The escape involved no substantial risk of harm to the person or property of another.
(2) The detaining authority knew or should have known there was no legal basis or authority for the detention.
(C) Whoever violates this section is guilty of escape.
(1)
If
the offender violates division (A)(1) or (2) of this section, if the
offender, at the time of the commission of the offense, was under
detention as an alleged or adjudicated delinquent child or unruly
child, and if the act for which the offender was under detention
would not be a felony if committed by an adult, escape is a
misdemeanor of the first degree
Except
as otherwise provided in division (C)(4) of this section, escape is a
felony of the second degree when the most serious charge for which
the person was under detention is aggravated murder, murder, or any
other felony of the first or second degree, or is a sentence imposed
under section 2971.03 of the Revised Code.
(2)
If
the offender violates division (A)(1) or (2) of this section and if
either the offender, at the time of the commission of the offense,
was under detention in any other manner or the offender is a person
for whom the requirement that the entire prison term imposed upon the
person pursuant to division (A)(3) or (B) of section 2971.03 of the
Revised Code be served in a state correctional institution has been
modified pursuant to section 2971.05 of the Revised Code, escape is
one of the following:
(a)
A felony of the second degree, when the most serious offense for
which the person was under detention or for which the person had been
sentenced to the prison term under division (A)(3), (B)(1)(a), (b),
or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of
section 2971.03 of the Revised Code is aggravated murder, murder, or
a felony of the first or second degree or, if the person was under
detention as an alleged or adjudicated delinquent child, when the
most serious act for which the person was under detention would be
aggravated murder, murder, or a felony of the first or second degree
if committed by an adult;
(b)
A felony of the third degree, when the most serious offense for which
the person was under detention or for which the person had been
sentenced to the prison term under division (A)(3), (B)(1)(a), (b),
or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of
section 2971.03 of the Revised Code is a felony of the third, fourth,
or fifth degree or an unclassified felony or, if the person was under
detention as an alleged or adjudicated delinquent child, when the
most serious act for which the person was under detention would be a
felony of the third, fourth, or fifth degree or an unclassified
felony if committed by an adult;
(c)
A Except
as otherwise provided in division (C)(4) of this section, escape is a
felony of the third degree when the most serious charge for which the
person was under detention is a felony of the third, fourth, or fifth
degree, or an unclassified felony not listed in division (C)(1) of
this section.
(3)
Except as otherwise provided in division (C)(4) of this section,
escape is a felony
of the fifth degree, when any
either
of
the following applies:
(i)(a)
The
most serious offense for which the person was under detention is a
misdemeanor.
(ii)(b)
The
person was found not guilty by reason of insanity, and the person's
detention consisted of hospitalization, institutionalization, or
confinement in a facility under an order made pursuant to or under
authority of section 2945.40, 2945.401, or 2945.402 of the Revised
Code.
(d)
A misdemeanor of the first degree, when the most serious offense for
which the person was under detention is a misdemeanor and when the
person fails to return to detention at a specified time following
temporary leave granted for a specific purpose or limited period or
at the time required when serving a sentence in intermittent
confinement.
(3)
If the offender violates division (A)(3) of this section, except as
otherwise provided in this division, escape is a felony of the fifth
degree. If the offender violates division (A)(3) of this section and
if, at the time of the commission of the offense, the most serious
offense for which the offender was under supervised release detention
was aggravated murder, murder, any other offense for which a sentence
of life imprisonment was imposed, or a felony of the first or second
degree, escape is a felony of the fourth degree.
(D)
As used in this section, "supervised release detention"
means detention that is supervision of a person by an employee of the
department of rehabilitation and correction while the person is on
any type of release from a state correctional institution, other than
transitional control under section 2967.26 of the Revised Code or
placement in a community-based correctional facility by the parole
board under section 2967.28 of the Revised Code.
(4) Notwithstanding divisions (C)(1), (2), and (3) of this section, all of the following apply to a person under detention as a result of being adjudicated a delinquent or unruly child, and who then violates this section:
(a) Escape is a felony of the third degree if the act for which the person is under detention would be a felony of the third degree or higher if committed by an adult, including aggravated murder or murder, or is a sentence imposed under section 2971.03 of the Revised Code.
(b) Escape is a felony of the fifth degree if the act for which the person is under detention would be an unclassified felony not listed in division (C)(4)(a) of this section, a felony of the fourth degree, or a felony of the fifth degree if committed by an adult.
(c) Escape is a misdemeanor of the first degree if the act for which the person is under detention would be a misdemeanor if committed by an adult.
Sec.
2921.35. (A)
No person, with purpose to promote or facilitate an escape
or
resistance to lawful authority,
shall convey into a detention facility, or provide anyone confined
therein with any instrument or thing which may be used for such
purposes.
(B)
No person who is confined in a detention facility, and with purpose
to promote or facilitate an escape
or
resistance to lawful authority,
shall make, procure, conceal, unlawfully possess, or give to another
inmate, any instrument or thing which may be used for such purposes.
(C)
Whoever violates this section is guilty of aiding escape
or
resistance to lawful authority,
a felony of the fourth degree.
Sec.
2921.36. (A)
No person shall knowingly convey,
or attempt to convey,
onto
the grounds of a detention facility or of an institution, office
building, or other place that is under the control of the department
of mental health and addiction services, the department of
developmental disabilities, the department of youth services, or the
department of rehabilitation and correction any of the following
items:
(1)
Any deadly weapon or dangerous ordnance,
as defined in section 2923.11 of the Revised Code,
or
any part of or ammunition for use in such a deadly weapon or
dangerous ordnance;
(2)
Any drug of abuse,
as defined in section 3719.011 of the Revised Code;
(3)
Any intoxicating liquor, as
defined in section 4301.01 of the Revised Code, except
for small amounts of wine for sacramental purposes when the person
engaging in the specified conduct is a cleric,
as defined in section 2317.02 of the Revised Code.
(B)(1)
Division
(A) of this section does not apply to any person who conveys or
attempts to convey an
item onto the grounds of a detention facility or of an institution,
office building, or other place under the control of the department
of mental health and addiction services, the department of
developmental disabilities, the department of youth services, or the
department of rehabilitation and correction pursuant to the written
authorization of the person in charge of the detention facility or
the institution, office building, or other place and in accordance
with the written rules of the detention facility or the institution,
office building, or other place.
(2) It is an affirmative defense to a charge under division (A) of this section that the item was conveyed by a person who was placed under arrest and who conveys the item to the detention facility as a result of the involuntary transport of the person under arrest to the facility.
(C)(1)
No
person shall knowingly deliver,
or attempt to deliver,
to
any person who is confined in a detention facility, to a child
confined in a youth services facility, to a prisoner who is
temporarily released from confinement for a work assignment, or to
any patient in an institution under the control of the department of
mental health and addiction services or the department of
developmental disabilities any item listed in division (A)(1), (2),
or (3) of this section.
(2) No person shall knowingly deliver a tobacco product to any person who is confined in a detention facility, to a child confined in a youth services facility, or to a prisoner who is temporarily released from confinement for a work assignment.
(D)
No person shall knowingly deliver,
or attempt to deliver,
cash
to any person who is confined in a detention facility, to a child
confined in a youth services facility, or to a prisoner who is
temporarily released from confinement for a work assignment.
(E)
No person shall knowingly deliver,
or attempt to deliver,
to
any person who is confined in a detention facility, to a child
confined in a youth services facility, or to a prisoner who is
temporarily released from confinement for a work assignment a
cellular telephone, two-way radio, or other electronic communications
device.
(F)(1) It is an affirmative defense to a charge under division (A)(1) of this section that the weapon or dangerous ordnance in question was being transported in a motor vehicle for any lawful purpose, that it was not on the actor's person, and, if the weapon or dangerous ordnance in question was a firearm, that it was unloaded and was being carried in a closed package, box, or case or in a compartment that can be reached only by leaving the vehicle.
(2) It is an affirmative defense to a charge under division (C) of this section that the actor was not otherwise prohibited by law from delivering the item to the confined person, the child, the prisoner, or the patient and that either of the following applies:
(a) The actor was permitted by the written rules of the detention facility or the institution, office building, or other place to deliver the item to the confined person or the patient.
(b) The actor was given written authorization by the person in charge of the detention facility or the institution, office building, or other place to deliver the item to the confined person or the patient.
(G)(1)
Whoever violates division (A)(1) of this section or commits a
violation of division (C)(C)(1)
of
this section involving an item listed in division (A)(1) of this
section is guilty of illegal conveyance of weapons onto the grounds
of a specified governmental facility, a felony of the third degree.
If
the offender is an officer or employee of the department of
rehabilitation and correction, the court shall impose a mandatory
prison term from the range of definite prison terms prescribed in
division (A)(3)(b) of section 2929.14 of the Revised Code for a
felony of the third degree.
(2)
Whoever violates division (A)(2) of this section or commits a
violation of division (C)(C)(1)
of
this section involving any drug of abuse is guilty of illegal
conveyance of drugs of abuse onto the grounds of a specified
governmental facility, a felony of the third degree. If
the offender is an officer or employee of the department of
rehabilitation and correction or of the department of youth services,
the court shall impose a mandatory prison term from the range of
definite prison terms prescribed in division (A)(3)(b) of section
2929.14 of the Revised Code for a felony of the third degree.
(3)
Whoever violates division (A)(3) of this section or commits a
violation of division (C)(C)(1)
or (2)
of
this section involving any intoxicating liquor or
tobacco product is
guilty of illegal conveyance of intoxicating liquor or
tobacco product onto
the grounds of a specified governmental facility, a misdemeanor of
the second degree.
(4) Whoever violates division (D) of this section is guilty of illegal conveyance of cash onto the grounds of a detention facility, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of division (D) of this section, illegal conveyance of cash onto the grounds of a detention facility is a felony of the fifth degree.
(5) Whoever violates division (E) of this section is guilty of illegal conveyance of a communications device onto the grounds of a specified governmental facility, a misdemeanor of the first degree, or if the offender previously has been convicted of or pleaded guilty to a violation of division (E) of this section, a felony of the fifth degree.
Sec.
2921.37. The
person in charge of a detention facility shall, on the grounds of the
detention facility, have the same power as a peace officer,
as defined in section 2935.01 of the Revised Code,
to
arrest a person who violates or
attempts to violate section
2921.36 of the Revised Code.
Sec.
2921.38. (A)
No person who is confined in a detention facility, with intent to
harass, annoy, threaten, or alarm another person, shall cause or
attempt to cause the
other person to come into contact with blood, semen, urine, feces, or
another bodily substance by throwing the bodily substance at the
other person, by expelling the bodily substance upon the other
person, or in any other manner.
(B)
No person, with intent to harass, annoy, threaten, or alarm a law
enforcement officer, shall cause or
attempt to cause the
law enforcement officer to come into contact with blood, semen,
urine, feces, or another bodily substance by throwing the bodily
substance at the law enforcement officer, by expelling the bodily
substance upon the law enforcement officer, or in any other manner.
(C)
No person, with knowledge that the person is a carrier of the virus
that causes acquired immunodeficiency syndrome, is a carrier of a
hepatitis virus, or is infected with tuberculosis and with intent to
harass, annoy, threaten, or alarm another person, shall cause or
attempt to cause the
other person to come into contact with blood, semen, urine, feces, or
another bodily substance by throwing the bodily substance at the
other person, by expelling the bodily substance upon the other
person, or in any other manner.
(D) Whoever violates this section is guilty of harassment with a bodily substance. A violation of division (A) or (B) of this section is a felony of the fifth degree. A violation of division (C) of this section is a felony of the third degree.
(E)(1) The court, on request of the prosecutor, or the law enforcement authority responsible for the investigation of the violation, shall cause a person who allegedly has committed a violation of this section to submit to one or more appropriate tests to determine if the person is a carrier of the virus that causes acquired immunodeficiency syndrome, is a carrier of a hepatitis virus, or is infected with tuberculosis.
(2) The court shall charge the offender with the costs of the test or tests ordered under division (E)(1) of this section unless the court determines that the accused is unable to pay, in which case the costs shall be charged to the entity that operates the detention facility in which the alleged offense occurred.
(F) This section does not apply to a person who is hospitalized, institutionalized, or confined in a facility operated by the department of mental health and addiction services or the department of developmental disabilities.
Sec.
2921.41. (A)
No public official or party official shall commit any theft offense,
as defined in division (K)
(A)(11)
of
section 2913.01 of the Revised Code, when either of the following
applies:
(1) The offender uses the offender's office in aid of committing the offense or permits or assents to its use in aid of committing the offense;
(2) The property or service involved is owned by this state, any other state, the United States, a county, a municipal corporation, a township, or any political subdivision, department, or agency of any of them, is owned by a political party, or is part of a political campaign fund.
(B)
Whoever violates this section is guilty of theft in office. Except as
otherwise provided in this division, theft in office is a felony of
the fifth degree. If
Except
as otherwise provided in this division, if the
value of property or services stolen is one
two
thousand
five
hundred dollars
or more
and
is less than seven thousand five hundred dollars,
theft in office is a felony of the fourth degree. If
Except
as otherwise provided in this division, if the
value of property or services stolen is seven
ten
thousand
five
hundred dollars
or more
and
is less than one hundred fifty thousand dollars,
theft in office is a felony of the third degree. If
Except
as otherwise provided in this division, if the
value of property or services stolen is one hundred fifty thousand
dollars or more
and
is less than seven hundred fifty thousand dollars,
theft in office is a felony of the second degree. If the value of
property or services stolen is seven hundred fifty thousand dollars
or more, theft in office is a felony of the first degree.
(C)(1) A public official or party official who pleads guilty to theft in office and whose plea is accepted by the court or a public official or party official against whom a verdict or finding of guilt for committing theft in office is returned is forever disqualified from holding any public office, employment, or position of trust in this state.
(2)(a)(i) A court that imposes sentence for a violation of this section based on conduct described in division (A)(2) of this section shall require the public official or party official who is convicted of or pleads guilty to the offense to make restitution for all of the property or the service that is the subject of the offense, in addition to the term of imprisonment and any fine imposed. The total amount of restitution imposed under this division shall include costs of auditing the public entities specified in division (A)(2) of this section that own the property or service involved in the conduct described in that division that is a violation of this section, but, except as otherwise provided in a negotiated plea agreement, shall not exceed the amount of the restitution imposed for all of the property or the service that is the subject of the offense.
(ii) A court that imposes sentence for a violation of this section based on conduct described in division (A)(1) of this section and that determines at trial that this state or a political subdivision of this state if the offender is a public official, or a political party in the United States or this state if the offender is a party official, suffered actual loss as a result of the offense shall require the offender to make restitution to the state, political subdivision, or political party for all of the actual loss experienced, in addition to the term of imprisonment and any fine imposed. The total amount of restitution imposed under this division shall include costs of auditing the state, political subdivision, or political party that suffered the actual loss based on conduct described in that division that is a violation of this section, but, except as otherwise provided in a negotiated plea agreement, shall not exceed the amount of the restitution imposed for all of the actual loss suffered.
(b)(i)
In any case in which a sentencing court is required to order
restitution under division (C)(2)(a) of this section and in which the
offender, at the time of the commission of the offense or at any
other time, was a member of the public employees retirement system,
the Ohio police and fire pension fund, the state teachers retirement
system, the school employees retirement system, or the state highway
patrol retirement system; was an electing employee,
as defined in section 3305.01 of the Revised Code,
participating
in an alternative retirement plan provided pursuant to Chapter 3305.
of the Revised Code; was a participating employee or continuing
member,
as defined in section 148.01 of the Revised Code,
in
a deferred compensation program offered by the Ohio public employees
deferred compensation board; was an officer or employee of a
municipal corporation who was a participant in a deferred
compensation program offered by that municipal corporation; was an
officer or employee of a government unit,
as defined in section 148.06 of the Revised Code,
who
was a participant in a deferred compensation program offered by that
government unit, or was a participating employee, continuing member,
or participant in any deferred compensation program described in this
division and a member of a retirement system specified in this
division or a retirement system of a municipal corporation, the
entity to which restitution is to be made may file a motion with the
sentencing court specifying any retirement system, any provider
as
defined in section 3305.01 of the Revised Code,
and any deferred compensation program of which the offender was a
member, electing employee, participating employee, continuing member,
or participant and requesting the court to issue an order requiring
the specified retirement system, the specified provider under the
alternative retirement plan, or the specified deferred compensation
program, or, if more than one is specified in the motion, the
applicable combination of these, to withhold the amount required as
restitution from any payment that is to be made under a pension,
annuity, or allowance, under an option in the alternative retirement
plan, under a participant account,
as
defined in section 148.01 of the Revised Code,
or
under any other type of benefit, other than a survivorship benefit,
that has been or is in the future granted to the offender, from any
payment of accumulated employee contributions standing to the
offender's credit with that retirement system, that provider of the
option under the alternative retirement plan, or that deferred
compensation program, or, if more than one is specified in the
motion, the applicable combination of these, and from any payment of
any other amounts to be paid to the offender upon the offender's
withdrawal of the offender's contributions pursuant to Chapter 145.,
148., 742., 3307., 3309., or 5505. of the Revised Code. A motion
described in this division may be filed at any time subsequent to the
conviction of the offender or entry of a guilty plea. Upon the filing
of the motion, the clerk of the court in which the motion is filed
shall notify the offender, the specified retirement system, the
specified provider under the alternative retirement plan, or the
specified deferred compensation program, or, if more than one is
specified in the motion, the applicable combination of these, in
writing, of all of the following: that the motion was filed; that the
offender will be granted a hearing on the issuance of the requested
order if the offender files a written request for a hearing with the
clerk prior to the expiration of thirty days after the offender
receives the notice; that, if a hearing is requested, the court will
schedule a hearing as soon as possible and notify the offender, any
specified retirement system, any specified provider under an
alternative retirement plan, and any specified deferred compensation
program of the date, time, and place of the hearing; that, if a
hearing is conducted, it will be limited only to a consideration of
whether the offender can show good cause why the requested order
should not be issued; that, if a hearing is conducted, the court will
not issue the requested order if the court determines, based on
evidence presented at the hearing by the offender, that there is good
cause for the requested order not to be issued; that the court will
issue the requested order if a hearing is not requested or if a
hearing is conducted but the court does not determine, based on
evidence presented at the hearing by the offender, that there is good
cause for the requested order not to be issued; and that, if the
requested order is issued, any retirement system, any provider under
an alternative retirement plan, and any deferred compensation program
specified in the motion will be required to withhold the amount
required as restitution from payments to the offender.
(ii) In any case in which a sentencing court is required to order restitution under division (C)(2)(a) of this section and in which a motion requesting the issuance of a withholding order as described in division (C)(2)(b)(i) of this section is filed, the offender may receive a hearing on the motion by delivering a written request for a hearing to the court prior to the expiration of thirty days after the offender's receipt of the notice provided pursuant to division (C)(2)(b)(i) of this section. If a request for a hearing is made by the offender within the prescribed time, the court shall schedule a hearing as soon as possible after the request is made and shall notify the offender, the specified retirement system, the specified provider under the alternative retirement plan, or the specified deferred compensation program, or, if more than one is specified in the motion, the applicable combination of these, of the date, time, and place of the hearing. A hearing scheduled under this division shall be limited to a consideration of whether there is good cause, based on evidence presented by the offender, for the requested order not to be issued. If the court determines, based on evidence presented by the offender, that there is good cause for the order not to be issued, the court shall deny the motion and shall not issue the requested order. If the offender does not request a hearing within the prescribed time or if the court conducts a hearing but does not determine, based on evidence presented by the offender, that there is good cause for the order not to be issued, the court shall order the specified retirement system, the specified provider under the alternative retirement plan, or the specified deferred compensation program, or, if more than one is specified in the motion, the applicable combination of these, to withhold the amount required as restitution under division (C)(2)(a) of this section from any payments to be made under a pension, annuity, or allowance, under a participant account, as defined in section 148.01 of the Revised Code, under an option in the alternative retirement plan, or under any other type of benefit, other than a survivorship benefit, that has been or is in the future granted to the offender, from any payment of accumulated employee contributions standing to the offender's credit with that retirement system, that provider under the alternative retirement plan, or that deferred compensation program, or, if more than one is specified in the motion, the applicable combination of these, and from any payment of any other amounts to be paid to the offender upon the offender's withdrawal of the offender's contributions pursuant to Chapter 145., 148., 742., 3307., 3309., or 5505. of the Revised Code, and to continue the withholding for that purpose, in accordance with the order, out of each payment to be made on or after the date of issuance of the order, until further order of the court. Upon receipt of an order issued under this division, the public employees retirement system, the Ohio police and fire pension fund, the state teachers retirement system, the school employees retirement system, the state highway patrol retirement system, a municipal corporation retirement system, the provider under the alternative retirement plan, and the deferred compensation program offered by the Ohio public employees deferred compensation board, a municipal corporation, or a government unit, as defined in section 148.06 of the Revised Code, whichever are applicable, shall withhold the amount required as restitution, in accordance with the order, from any such payments and immediately shall forward the amount withheld to the clerk of the court in which the order was issued for payment to the entity to which restitution is to be made.
(iii) Service of a notice required by division (C)(2)(b)(i) or (ii) of this section shall be effected in the same manner as provided in the Rules of Civil Procedure for the service of process.
(c) Consistent with the ruling of the supreme court of the United States in Kelly v. Robinson, 479 U.S. 36 (1986), restitution imposed under division (C)(2)(a) of this section is not dischargeable under Chapter 7 of the United States Bankruptcy Code pursuant to 11 U.S.C. 523, as amended.
(D)
Upon the filing of charges against a person under this section, the
prosecutor,
as defined in section 2935.01 of the Revised Code,
who
is assigned the case shall send written notice that charges have been
filed against that person to the public employees retirement system,
the Ohio police and fire pension fund, the state teachers retirement
system, the school employees retirement system, the state highway
patrol retirement system, the provider under an alternative
retirement plan, any municipal corporation retirement system in this
state, and the deferred compensation program offered by the Ohio
public employees deferred compensation board, a municipal
corporation, or a government unit, as defined in section 148.06 of
the Revised Code. The written notice shall specifically identify the
person charged.
Sec. 2921.42. (A) No public official shall knowingly do any of the following:
(1) Authorize, or employ the authority or influence of the public official's office to secure authorization of any public contract in which the public official, a member of the public official's family, or any of the public official's business associates has an interest;
(2) Authorize, or employ the authority or influence of the public official's office to secure the investment of public funds in any share, bond, mortgage, or other security, with respect to which the public official, a member of the public official's family, or any of the public official's business associates either has an interest, is an underwriter, or receives any brokerage, origination, or servicing fees;
(3) During the public official's term of office or within one year thereafter, occupy any position of profit in the prosecution of a public contract authorized by the public official or by a legislative body, commission, or board of which the public official was a member at the time of authorization, unless the contract was let by competitive bidding to the lowest and best bidder;
(4) Have an interest in the profits or benefits of a public contract entered into by or for the use of the political subdivision or governmental agency or instrumentality with which the public official is connected;
(5) Have an interest in the profits or benefits of a public contract that is not let by competitive bidding if required by law and that involves more than one hundred fifty dollars.
(B) In the absence of bribery or a purpose to defraud, a public official, member of a public official's family, or any of a public official's business associates shall not be considered as having an interest in a public contract or the investment of public funds, if all of the following apply:
(1) The interest of that person is limited to owning or controlling shares of the corporation, or being a creditor of the corporation or other organization, that is the contractor on the public contract involved, or that is the issuer of the security in which public funds are invested;
(2) The shares owned or controlled by that person do not exceed five per cent of the outstanding shares of the corporation, and the amount due that person as creditor does not exceed five per cent of the total indebtedness of the corporation or other organization;
(3) That person, prior to the time the public contract is entered into, files with the political subdivision or governmental agency or instrumentality involved, an affidavit giving that person's exact status in connection with the corporation or other organization.
(C)
This
It
is an affirmative defense to a charge under this section
does
not that
all of the following apply
with
respect to
a
the
public
contract in
question in
which a public official, member of a public official's family, or one
of a public official's business associates has an interest,
when all of the following apply:
(1) The subject of the public contract is necessary supplies or services for the political subdivision or governmental agency or instrumentality involved;
(2) The supplies or services are unobtainable elsewhere for the same or lower cost, or are being furnished to the political subdivision or governmental agency or instrumentality as part of a continuing course of dealing established prior to the public official's becoming associated with the political subdivision or governmental agency or instrumentality involved;
(3) The treatment accorded the political subdivision or governmental agency or instrumentality is either preferential to or the same as that accorded other customers or clients in similar transactions;
(4) The entire transaction is conducted at arm's length, with full knowledge by the political subdivision or governmental agency or instrumentality involved, of the interest of the public official, member of the public official's family, or business associate, and the public official takes no part in the deliberations or decision of the political subdivision or governmental agency or instrumentality with respect to the public contract.
(D) Division (A)(4) of this section does not prohibit participation by a public employee in any housing program funded by public moneys if the public employee otherwise qualifies for the program and does not use the authority or influence of the public employee's office or employment to secure benefits from the program and if the moneys are to be used on the primary residence of the public employee. Such participation does not constitute an unlawful interest in a public contract in violation of this section.
(E) Whoever violates this section is guilty of having an unlawful interest in a public contract. Violation of division (A)(1) or (2) of this section is a felony of the fourth degree. Violation of division (A)(3), (4), or (5) of this section is a misdemeanor of the first degree.
(F) It is not a violation of this section for a prosecuting attorney to appoint assistants and employees in accordance with sections 309.06 and 2921.421 of the Revised Code, for a chief legal officer of a municipal corporation or an official designated as prosecutor in a municipal corporation to appoint assistants and employees in accordance with sections 733.621 and 2921.421 of the Revised Code, or for a township law director appointed under section 504.15 of the Revised Code to appoint assistants and employees in accordance with sections 504.151 and 2921.421 of the Revised Code.
(G)
This
It
is an affirmative defense to a charge under this section
does
not that
all of the following apply
with
respect to
a
the
public
contract in
question in
which a township trustee in a township with a population of five
thousand or less in its unincorporated area, a member of the township
trustee's family, or one of the township trustee's business
associates has an interest,
if all of the following apply:
(1) The subject of the public contract is necessary supplies or services for the township and the amount of the contract is less than five thousand dollars per year;
(2) The supplies or services are being furnished to the township as part of a continuing course of dealing established before the township trustee held that office with the township;
(3) The treatment accorded the township is either preferential to or the same as that accorded other customers or clients in similar transactions;
(4) The entire transaction is conducted with full knowledge by the township of the interest of the township trustee, member of the township trustee's family, or the township trustee's business associate.
(H) Any public contract in which a public official, a member of the public official's family, or any of the public official's business associates has an interest in violation of this section is void and unenforceable. Any contract securing the investment of public funds in which a public official, a member of the public official's family, or any of the public official's business associates has an interest, is an underwriter, or receives any brokerage, origination, or servicing fees and that was entered into in violation of this section is void and unenforceable.
(I)
As used in this section:
(1)
"Public contract" means any of the following:
(a)
The purchase or acquisition, or a contract for the purchase or
acquisition, of property or services by or for the use of the state,
any of its political subdivisions, or any agency or instrumentality
of either, including the employment of an individual by the state,
any of its political subdivisions, or any agency or instrumentality
of either;
(b)
A contract for the design, construction, alteration, repair, or
maintenance of any public property.
(2)
"Chief legal officer" has the same meaning as in section
733.621 of the Revised Code.
Sec.
2921.421. (A)
As
used in this section:
(1)
"Chief legal officer" has the same meaning as in section
733.621 of the Revised Code.
(2)
"Political subdivision" means a county, a municipal
corporation, or a township that adopts a limited home rule government
under Chapter 504. of the Revised Code.
(B)
A
prosecuting attorney may appoint assistants and employees, except a
member of the family of the prosecuting attorney, in accordance with
division (B) of section 309.06 of the Revised Code, a chief legal
officer of a municipal corporation or an official designated as
prosecutor in a municipal corporation may appoint assistants and
employees, except a member of the family of the chief legal officer
or official designated as prosecutor, in accordance with section
733.621 of the Revised Code, and a township law director appointed
under section 504.15 of the Revised Code may appoint assistants and
employees, except a member of the family of the township law
director, in accordance with section 504.151 of the Revised Code, if
all of the following apply:
(1) The services to be furnished by the appointee or employee are necessary services for the political subdivision or are authorized by the legislative authority, governing board, or other contracting authority of the political subdivision.
(2) The treatment accorded the political subdivision is either preferential to or the same as that accorded other clients or customers of the appointee or employee in similar transactions, or the legislative authority, governing board, or other contracting authority of the political subdivision, in its sole discretion, determines that the compensation and other terms of appointment or employment of the appointee or employee are fair and reasonable to the political subdivision.
(3) The appointment or employment is made after prior written disclosure to the legislative authority, governing board, or other contracting authority of the political subdivision of the business relationship between the prosecuting attorney, the chief legal officer or official designated as prosecutor in a municipal corporation, or the township law director and the appointee or employee thereof. In the case of a municipal corporation, the disclosure may be made or evidenced in an ordinance, resolution, or other document that does either or both of the following:
(a)
Authorizes the furnishing of services as required under division
(B)(1)(A)(1)
of
this section;
(b)
Determines that the compensation and other terms of appointment or
employment of the appointee or employee are fair and reasonable to
the political subdivision as required under division (B)(2)(A)(2)
of
this section.
(4) The prosecuting attorney, the elected chief legal officer, or the township law director does not receive any distributive share or other portion, in whole or in part, of the earnings of the business associate, partner, or employee paid by the political subdivision to the business associate, partner, or employee for services rendered for the political subdivision.
(C)(B)
It
is not a violation of this section or of section 102.03 or 2921.42 of
the Revised Code for the legislative authority, the governing board,
or other contracting authority of a political subdivision to engage
the services of any firm that practices the profession of law upon
the terms approved by the legislative authority, the governing board,
or the contracting authority, or to designate any partner, officer,
or employee of that firm as a nonelected public official or employee
of the political subdivision, whether the public office or position
of employment is created by statute, charter, ordinance, resolution,
or other legislative or administrative action.
Sec. 2921.44. (A) No law enforcement officer shall negligently do any of the following:
(1) Fail to serve a lawful warrant without delay;
(2) Fail to prevent or halt the commission of an offense or to apprehend an offender, when it is in the law enforcement officer's power to do so alone or with available assistance.
(B) No law enforcement, ministerial, or judicial officer shall negligently fail to perform a lawful duty in a criminal case or proceeding.
(C)
No officer, having charge
supervisory
control of
a detention facility, shall negligently do any of the following:
(1)
Allow
Fail
to keep the
detention facility to
become littered or unsanitaryclean
and sanitary;
(2) Fail to provide persons confined in the detention facility with adequate food, clothing, bedding, shelter, and medical attention;
(3) Fail to control an unruly prisoner, or to prevent intimidation of or physical harm to a prisoner by another;
(4) Allow a prisoner to escape;
(5) Fail to observe any lawful and reasonable regulation for the management of the detention facility.
(D) No public official of the state shall recklessly create a deficiency, incur a liability, or expend a greater sum than is appropriated by the general assembly for the use in any one year of the department, agency, or institution of the state with which the public official is connected.
(E) No public servant shall recklessly fail to perform a duty expressly imposed by law with respect to the public servant's office, or recklessly do any act expressly forbidden by law with respect to the public servant's office.
(F)
Whoever violates this section is guilty of dereliction of duty,.
Dereliction of duty in violation of division (A), (B), or (C) of this
section is
a
misdemeanor of the second degree.
Dereliction of duty in violation of division (D) or (E) of this
section is a misdemeanor of the first degree.
(G) Except as otherwise provided by law, a public servant who is a county treasurer; county auditor; township fiscal officer; city auditor; city treasurer; village fiscal officer; village clerk-treasurer; village clerk; in the case of a municipal corporation having a charter that designates an officer who, by virtue of the charter, has duties and functions similar to those of the city or village officers referred to in this section, the officer so designated by the charter; school district treasurer; fiscal officer of a community school established under Chapter 3314. of the Revised Code; treasurer of a science, technology, engineering, and mathematics school established under Chapter 3326. of the Revised Code; or fiscal officer of a college-preparatory boarding school established under Chapter 3328. of the Revised Code and is convicted of or pleads guilty to dereliction of duty is disqualified from holding any public office, employment, or position of trust in this state for four years following the date of conviction or of entry of the plea, and is not entitled to hold any public office until any repayment or restitution required by the court is satisfied.
(H)
As used in this section, "public servant" includes the
following:
(1)
An officer or employee of a contractor as defined in section 9.08 of
the Revised Code;
(2)
A fiscal officer employed by the operator of a community school
established under Chapter 3314. of the Revised Code or by the
operator of a college-preparatory boarding school established under
Chapter 3328. of the Revised Code.
Sec.
2921.45. (A)
No public servant, under color of the public servant's office,
employment, or authority, shall knowingly deprive, or conspire or
attempt to
deprive any person of a constitutional or statutory right.
(B) Whoever violates this section is guilty of interfering with civil rights, a misdemeanor of the first degree.
Sec.
2921.51. (A)
As
used in this section:
(1)
"Peace officer" means a sheriff, deputy sheriff, marshal,
deputy marshal, member of the organized police department of a
municipal corporation, or township constable, who is employed by a
political subdivision of this state; a member of a police force
employed by a metropolitan housing authority under division (D) of
section 3735.31 of the Revised Code; a member of a police force
employed by a regional transit authority under division (Y) of
section 306.35 of the Revised Code; a state university law
enforcement officer appointed under section 3345.04 of the Revised
Code; a veterans' home police officer appointed under section 5907.02
of the Revised Code; a special police officer employed by a port
authority under section 4582.04 or 4582.28 of the Revised Code; an
officer, agent, or employee of the state or any of its agencies,
instrumentalities, or political subdivisions, upon whom, by statute,
a duty to conserve the peace or to enforce all or certain laws is
imposed and the authority to arrest violators is conferred, within
limits of that statutory duty and authority; or a state highway
patrol trooper whose primary duties are to preserve the peace, to
protect life and property, and to enforce the laws, ordinances, or
rules of the state or any of its political subdivisions.
(2)
"Private police officer" means any security guard, special
police officer, private detective, or other person who is privately
employed in a police capacity.
(3)
"Federal law enforcement officer" means an employee of the
United States who serves in a position the duties of which are
primarily the investigation, apprehension, or detention of
individuals suspected or convicted of offenses under the criminal
laws of the United States.
(4)
"Impersonate" means to act the part of, assume the identity
of, wear the uniform or any part of the uniform of, or display the
identification of a particular person or of a member of a class of
persons with purpose to make another person believe that the actor is
that particular person or is a member of that class of persons.
(5)
"Investigator of the bureau of criminal identification and
investigation" has the same meaning as in section 2903.11 of the
Revised Code.
(B)
No
person shall knowingly
impersonate
a peace officer, private police officer, federal law enforcement
officer, or investigator of the bureau of criminal identification and
investigation.
(C)
No person, by impersonating a peace officer, private police officer,
federal law enforcement officer, or investigator of the bureau of
criminal identification and investigation, shall arrest or detain any
person, search any person, or search the property of any person.
(D)(B)
No
person, with purpose to commit or facilitate the commission of an
a
misdemeanor offense
or
with purpose to detain any person or search any person or person's
property,
shall knowingly
impersonate
a peace officer, private police officer, federal law enforcement
officer, officer, agent, or employee of the state, or investigator of
the bureau of criminal identification and investigation.
(E)(C)
No
person
shall,
with purpose to
commit
or
facilitate the commission of a
felony
while
impersonating,
shall knowingly impersonate
a
peace officer, private police officer, federal law enforcement
officer, officer, agent, or employee of the state, or investigator of
the bureau of criminal identification and investigation.
(F)(D)
It
is an affirmative defense to a charge under division (B)(A)
of
this section that the impersonation of the peace officer, private
police officer, or investigator of the bureau of criminal
identification and investigation was for a lawful purpose.
(G)(E)
Whoever
violates division
(B) of this
section is guilty of a
misdemeanor of the fourth degree. Whoever violates division (C) or
(D) of this section is guilty of a misdemeanor of the first degree.
If the purpose of a violation of division (D) of this section is to
commit or facilitate the commission of a felony, a violation of
division (D) is a felony of the fourth degree. Whoever violates
division (E) of this section is guilty of a felony of the third
degreeimpersonating
a peace officer.
(1) Impersonating a peace officer in violation of division (A) of this section is a misdemeanor of the second degree.
(2) Impersonating a peace officer in violation of division (B) of this section is a misdemeanor of the first degree.
(3) Impersonating a peace officer in violation of division (C) of this section is one of the following:
(a) Except as otherwise provided in divisions (E)(3)(b) and (c) of this section, a felony one degree higher than the felony that the offender had purpose to commit or facilitate while impersonating a peace officer;
(b) A felony of the first degree if the felony the person had purpose to commit or facilitate while impersonating a peace officer was murder, aggravated murder, or a felony of the first degree;
(c) A felony of the fourth degree if the felony the person had purpose to commit or facilitate while impersonating a peace officer was an unclassified felony other than murder or aggravated murder.
Sec.
2921.52. (A)
As
used in this section:
(1)
"Lawfully issued" means adopted, issued, or rendered in
accordance with the United States constitution, the constitution of a
state, and the applicable statutes, rules, regulations, and
ordinances of the United States, a state, and the political
subdivisions of a state.
(2)
"State" means a state of the United States, including
without limitation, the state legislature, the highest court of the
state that has statewide jurisdiction, the offices of all elected
state officers, and all departments, boards, offices, commissions,
agencies, institutions, and other instrumentalities of the state.
"State" does not include the political subdivisions of the
state.
(3)
"Political subdivisions" means municipal corporations,
townships, counties, school districts, and all other bodies corporate
and politic that are organized under state law and are responsible
for governmental activities only in geographical areas smaller than
that of a state.
(4)
"Sham legal process" means an instrument that meets all of
the following conditions:
(a)
It is not lawfully issued.
(b)
It purports to do any of the following:
(i)
To be a summons, subpoena, judgment, or order of a court, a law
enforcement officer, or a legislative, executive, or administrative
body.
(ii)
To assert jurisdiction over or determine the legal or equitable
status, rights, duties, powers, or privileges of any person or
property.
(iii)
To require or authorize the search, seizure, indictment, arrest,
trial, or sentencing of any person or property.
(c)
It is designed to make another person believe that it is lawfully
issued.
(B)
No
person shall, knowing the sham legal process to be sham legal
process, do any of the following:
(1) Knowingly issue, display, deliver, distribute, or otherwise use sham legal process;
(2)
Knowingly use sham legal process to arrest, detain, search, or seize
any person or the property of another person;
(3)
Knowingly
or
knowingly commit
or facilitate the commission of an
a
misdemeanor offense,
using sham legal process;
(4)(3)
Knowingly
commit a felony by using sham legal process;
(4) Knowingly file or record a document or instrument of writing that purports to be a judgment, lien, or claim of indebtedness against any person using sham legal process.
(C)(B)
It
is an affirmative defense to a charge under division (B)(1)
or (2)(A)(1)
of
this section that the use of sham legal process was for a lawful
purpose.
(D)(C)
Whoever
violates this section is guilty of using sham legal process. A
violation of division (B)(1)(A)(1)
of
this section is a misdemeanor of the fourth degree. A violation of
division (B)(2)
or (3)(A)(2)
of
this section is a misdemeanor of the first degree,
except that, if the purpose of a violation of division (B)(3) of this
section is to commit or facilitate the commission of a felony, a
violation of division (B)(3) of this section is a felony of the
fourth degree.
A violation of division (B)(4)(A)(3)
or (4)
of
this section is a felony of the third degree.
(E)(D)
A
person who violates this section is liable in a civil action to any
person harmed by the violation for injury, death, or loss to person
or property incurred as a result of the commission of the offense and
for reasonable attorney's fees, court costs, and other expenses
incurred as a result of prosecuting the civil action commenced under
this division. A civil action under this division is not the
exclusive remedy of a person who incurs injury, death, or loss to
person or property as a result of a violation of this section.
Sec.
2923.01. (A)
No person, with purpose
to commit or to promote or facilitate the commission of aggravated
murder, murder, kidnapping, abduction, compelling prostitution,
promoting prostitution, trafficking in persons, aggravated arson,
arson, aggravated robbery, robbery, aggravated burglary, burglary,
trespassing in a habitation when a person is present or likely to be
present, engaging in a pattern of corrupt activity, corrupting
another with drugs, a felony drug trafficking, manufacturing,
processing, or possession offense, theft of drugs, or illegal
processing of drug documents, the commission of a felony offense of
unauthorized use of a vehicle, illegally transmitting multiple
commercial electronic mail messages or unauthorized access of a
computer in violation of section 2923.421 of the Revised Code, or the
commission of a violation of any provision of Chapter 3734. of the
Revised Code, other than section 3734.18 of the Revised Code, that
relates to hazardous wastes, shall do either of the following:
(1)
With another
person
or persons,
shall
purposely plan
or,
aid
in
planning
the commission of any of the specified offenses;
(2)
Agree with another person or persons that one or more of them will
engage in conduct that facilitates the commission of any of the
specified offenses
committing,
or agree to commit or facilitate the commission of aggravated murder,
murder, or a felony of the first or second degree.
(B)
No person shall be convicted of conspiracy unless a substantial overt
act in furtherance of the conspiracy is alleged and proved to have
been done by the
accused or a person with whom the accused conspired, subsequent to
the accused's entrance a
conspirator after the person accused entered into
the conspiracy. For purposes of this section, an overt act is
substantial when it is
of a character that manifests
a
any
person's purpose
on
the part of the actor that
the object of the conspiracy should
be
completed.
(C)
When
the offender knows or has reasonable cause to believe that a person
with whom the offender conspires also has conspired or is conspiring
with another to commit the same offense, the offender is A
person need not know the identity of a co-conspirator to be guilty
of conspiring with that other person,
even though the other person's identity may be unknown to the
offender
if
the person knows that the other person has also conspired or is
conspiring to commit the same offense.
(D)
It
is no defense to a charge under this section that, in retrospect,
commission of the offense that was the object of the conspiracy was
impossible under the circumstances.
(E)
A
conspiracy terminates when the offense or offenses that are its
objects are committed or when it is abandoned by all conspirators. In
the absence of abandonment, it is no defense to a charge under this
section that no
the
offense
that was the object of the conspiracy was not
committed.
(F)
A person who conspires to commit more than one offense is guilty of
only one conspiracy, when the offenses are the object of the same
agreement or continuous conspiratorial relationship.
(G)
When a person is convicted of committing or attempting to commit a
specific offense or of complicity in the commission of or attempt to
commit the specific offense, the person shall not be convicted of
conspiracy involving the same offense.
(H)(1)
No person shall be convicted of conspiracy upon the testimony of a
person with whom the defendant conspired, unsupported by other
evidence.
(2)
If a person with whom the defendant allegedly has conspired testifies
against the defendant in a case in which the defendant is charged
with conspiracy and if the testimony is supported by other evidence,
the court, when it charges the jury, shall state substantially the
following:
"The
testimony of an accomplice that is supported by other evidence does
not become inadmissible because of the accomplice's complicity, moral
turpitude, or self-interest, but the admitted or claimed complicity
of a witness may affect the witness' credibility and make the
witness' testimony subject to grave suspicion, and require that it be
weighed with great caution.
It
is for you, as jurors, in the light of all the facts presented to you
from the witness stand, to evaluate such testimony and to determine
its quality and worth or its lack of quality and worth."
(3)
"Conspiracy," as used in division (H)(1) of this section,
does not include any conspiracy that results in an attempt to commit
an offense or in the commission of an offense.
(I)(E)
The
following are affirmative defenses to a charge of conspiracy:
(1)
After conspiring to commit an offense, the actor
person
thwarted
the success of the conspiracy under circumstances manifesting a
complete and voluntary renunciation of the actor's
person's
criminal
purpose.
(2)
After conspiring to commit an offense, the actor
person
abandoned
the conspiracy prior
to the commission of or attempt to commit any offense that was in
either of the following manners before the
object of the conspiracy,
either by was
completed:
(a)
By advising
all other conspirators of the actor's
person's
abandonment,
or by;
(b)
By
informing
any
law
enforcement authority
of
the conspiracy's
existence
of
the conspiracy and
of the actor's
person's
participation
in the conspiracy.
(J)(F)
It is no defense to a charge under this section that in retrospect,
commission of the offense that was the object of the conspiracy was
impossible under the circumstances.
(G) Whoever violates this section is guilty of conspiracy, which is one of the following:
(1) A felony of the first degree, when one of the objects of the conspiracy is aggravated murder, murder, or an offense for which the maximum penalty is imprisonment for life;
(2)
A felony of the next lesser degree than the most serious offense that
is the object of the conspiracy, when the most
serious offense that is the object
of the conspiracy is a felony of the first,
or
second,
third, or fourth
degree;
(3)
A felony punishable by a fine of not more than twenty-five thousand
dollars or imprisonment for not more than eighteen months, or both,
when the offense that is the object of the conspiracy is a violation
of any provision of Chapter 3734. of the Revised Code, other than
section 3734.18 of the Revised Code, that relates to hazardous
wastes;
(4)
A misdemeanor of the first degree, when the most serious offense that
is the object of the conspiracy is a felony of the fifth degree.
(K)
This section does not define a separate conspiracy offense or penalty
where conspiracy is defined as an offense by one or more sections of
the Revised Code, other than this section. In such a case, however:
(1)
With respect to the offense specified as the object of the conspiracy
in the other section or sections, division (A) of this section
defines the voluntary act or acts and culpable mental state necessary
to constitute the conspiracy;
(2)
Divisions (B) to (I) of this section are incorporated by reference in
the conspiracy offense defined by the other section or sections of
the Revised Code.
(L)(1)
In addition to the penalties that otherwise are imposed for
conspiracy, a person who is found guilty of conspiracy to engage in a
pattern of corrupt activity is subject to divisions (B)(2) and (3) of
section 2923.32, division (A) of section 2981.04, and division (D) of
section 2981.06 of the Revised Code.
(2)
If a person is convicted of or pleads guilty to conspiracy and if the
most serious offense that is the object of the conspiracy is a felony
drug trafficking, manufacturing, processing, or possession offense,
in addition to the penalties or sanctions that may be imposed for the
conspiracy under division (J)(2) or (4) of this section and Chapter
2929. of the Revised Code, both of the following apply:
(a)
The provisions of divisions (D), (F), and (G) of section 2925.03,
division (D) of section 2925.04, division (D) of section 2925.05,
division (D) of section 2925.06, and division (E) of section 2925.11
of the Revised Code that pertain to mandatory and additional fines,
driver's or commercial driver's license or permit suspensions, and
professionally licensed persons and that would apply under the
appropriate provisions of those divisions to a person who is
convicted of or pleads guilty to the felony drug trafficking,
manufacturing, processing, or possession offense that is the most
serious offense that is the basis of the conspiracy shall apply to
the person who is convicted of or pleads guilty to the conspiracy as
if the person had been convicted of or pleaded guilty to the felony
drug trafficking, manufacturing, processing, or possession offense
that is the most serious offense that is the basis of the conspiracy.
(b)
The court that imposes sentence upon the person who is convicted of
or pleads guilty to the conspiracy shall comply with the provisions
identified as being applicable under division (L)(2) of this section,
in addition to any other penalty or sanction that it imposes for the
conspiracy under division (J)(2) or (4) of this section and Chapter
2929. of the Revised Code.
(M)
As used in this section:
(1)
"Felony drug trafficking, manufacturing, processing, or
possession offense" means any of the following that is a felony:
(a)
A violation of section 2925.03, 2925.04, 2925.05, or 2925.06 of the
Revised Code;
(b)
A violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense.
(2)
"Minor drug possession offense" has the same meaning as in
section 2925.01 of the Revised Code.
(H) In addition to the penalties for conspiracy under division (G) of this section, a person who is found guilty of conspiracy to engage in a pattern of corrupt activity is also subject to the fines and forfeiture provisions in divisions (C)(2) and (3) of section 2923.32, division (A) of section 2981.04, and division (D) of section 2981.06 of the Revised Code.
(I) No person shall be found guilty of conspiracy based solely on the unsupported or uncorroborated testimony of a co-conspirator unless the testimony is believed by the trier of fact and proves the conspiracy beyond a reasonable doubt, after the trier of fact has been made aware of the facts and circumstances surrounding the co-conspirator's decision to testify and alleged involvement in the offense.
Sec.
2923.02. (A)
No person, purposely
or knowingly, and when purpose or knowledge is sufficient culpability
with
the same mental state needed for
the commission of an offense, shall engage in conduct that, if
successful, would constitute or
result in the
commission
of that offense.
(B)
It
Legal
or factual impossibility is
no defense to a charge under this section that,
in retrospect, commission of the offense that was the object of the
attempt was either factually or legally impossible under the
attendant circumstances, if
that
the
offense
could have been committed had the attendant
circumstances
been as the actor
person
believed
them to be.
(C)
No
person who is convicted of committing a specific offense, of
complicity in the commission of an offense, or of conspiracy to
commit an offense shall be convicted of an attempt to commit the same
offense in violation of this section.
(D)
It
is an affirmative defense to a charge under this section that the
actor
attempt
was abandoned
the
actor's effort to commit or
renounced, or the
offense or
was
otherwise
prevented its
commission, under circumstances manifesting a by
the person showing complete
and voluntary renunciation of the actor's
person's
criminal
purpose.
(E)(1)(D)(1)(a)
Whoever
violates this section is guilty of an attempt to commit an offense.
An attempt to commit aggravated murder, murder, or an offense for
which the maximum penalty is imprisonment for life is a felony of the
first degree. An
attempt to commit a drug abuse offense for which the penalty is
determined by the amount or number of unit doses of the controlled
substance involved in the drug abuse offense is an offense of the
same degree as the drug abuse offense attempted would be if that drug
abuse offense had been committed and had involved an amount or number
of unit doses of the controlled substance that is within the next
lower range of controlled substance amounts than was involved in the
attempt. An
attempt to commit any other offense is an offense of the next lesser
degree than the offense attempted. In
the case of an attempt to commit an offense other than a violation of
Chapter 3734. of the Revised Code that is not specifically
classified, an attempt is a misdemeanor of the first degree if the
offense attempted is a felony, and a misdemeanor of the fourth degree
if the offense attempted is a misdemeanor. In the case of an attempt
to commit a violation of any provision of Chapter 3734. of the
Revised Code, other than section 3734.18 of the Revised Code, that
relates to hazardous wastes, an attempt is a felony punishable by a
fine of not more than twenty-five thousand dollars or imprisonment
for not more than eighteen months, or both. An
(b)
An attempt
to commit a minor misdemeanor,
or to engage in conspiracy,
is
not an offense under this section.
(2) If a person is convicted of or pleads guilty to attempted rape and also is convicted of or pleads guilty to a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code, the offender shall be sentenced to a prison term or term of life imprisonment pursuant to section 2971.03 of the Revised Code.
(3)
In addition to any other sanctions imposed pursuant to division
(E)(1) of this section for an attempt to commit aggravated murder or
murder in violation of division (A) of this section, if the offender
used a motor vehicle as the means to attempt to commit the offense,
the court shall impose upon the offender a class two suspension of
the offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege as specified in division (A)(2) of section
4510.02 of the Revised Code.
(4)(3)
If
a person is convicted of or found guilty of an attempt to commit
aggravated murder of the type described in division (E) or (F) of
section 2903.01 of the Revised Code, the court shall impose as a
mandatory prison term one of the prison terms prescribed for a felony
of the first degree.
(F)
As used in this section:
(1)
"Drug abuse offense" has the same meaning as in section
2925.01 of the Revised Code.
(2)
"Motor vehicle" has the same meaning as in section 4501.01
of the Revised Code.
Sec.
2923.03. (A)
No person, acting
with
the
kind
of culpability required
same
mental state needed for
the commission of an offense, shall knowingly
do
any
either
of
the following:
(1)
Solicit
or,
procure,
or cause
another
to commit the offense;
(2)
Aid or abet another in committing the offense;
(3)
Conspire with another to commit the offense in violation of section
2923.01 of the Revised Code;
(4)
Cause an innocent or irresponsible person to commit the offense.
(B)
It is no defense to a charge under this section that
no
person with whom the accused was in complicity has been convicted as
a principal offender
another
has not been charged with or convicted of committing the offense.
(C) No person shall be convicted of complicity under this section unless an offense is actually committed, but if the offense has not been committed, a person may be convicted of complicity in an attempt to commit an offense in violation of section 2923.02 of the Revised Code.
(D)
If
an alleged accomplice of the defendant testifies against the
defendant in a case in which the defendant is charged with complicity
in the commission of or an attempt to commit an offense, an attempt
to commit an offense, or an offense, the court, when it charges the
jury, shall state substantially the following:
"The
testimony of an accomplice does not become inadmissible because of
his complicity, moral turpitude, or self-interest, but the admitted
or claimed complicity of a witness may affect his credibility and
make his testimony subject to grave suspicion, and require that it be
weighed with great caution.
It
is for you, as jurors, in the light of all the facts presented to you
from the witness stand, to evaluate such testimony and to determine
its quality and worth or its lack of quality and worth."
(E)
It
is an affirmative defense to a charge under this section that
a
person,
prior
to the commission of or attempt to commit the offense, the actor
terminated his complicity,
under
circumstances manifesting
showing
a
complete and voluntary renunciation of
his
the
person's
criminal
purposeintent,
terminated complicity to an offense before the offense was attempted
or committed.
(E) No person shall be convicted of complicity based solely on the unsupported or uncorroborated testimony of an accomplice unless the testimony is believed by the trier of fact and proves the complicity beyond a reasonable doubt after the trier of fact has been made aware of the facts and circumstances surrounding the accomplice's decision to testify and the accomplice's alleged involvement in the offense.
(F)
Whoever violates this section is guilty of complicity
in
the commission of an offense, and shall be prosecuted and punished as
if he were a principal offender. A charge of complicity may be stated
in terms of this section, or in terms of the principal offense.
If
the offense committed or attempted was a classified offense,
complicity is an offense of the same degree as the offense committed
or attempted. If the offense committed or attempted was an
unclassified offense, the person shall be punished as if the person
was convicted of committing the unclassified offense.
Sec. 2923.125. It is the intent of the general assembly that Ohio concealed handgun license law be compliant with the national instant criminal background check system, that the bureau of alcohol, tobacco, firearms, and explosives is able to determine that Ohio law is compliant with the national instant criminal background check system, and that no person shall be eligible to receive a concealed handgun license permit under section 2923.125 or 2923.1213 of the Revised Code unless the person is eligible lawfully to receive or possess a firearm in the United States.
(A) This section applies with respect to the application for and issuance by this state of concealed handgun licenses other than concealed handgun licenses on a temporary emergency basis that are issued under section 2923.1213 of the Revised Code. Upon the request of a person who wishes to obtain a concealed handgun license with respect to which this section applies or to renew a concealed handgun license with respect to which this section applies, a sheriff, as provided in division (I) of this section, shall provide to the person free of charge an application form and the web site address at which a printable version of the application form that can be downloaded and the pamphlet described in division (B) of section 109.731 of the Revised Code may be found. A sheriff shall accept a completed application form and the fee, items, materials, and information specified in divisions (B)(1) to (5) of this section at the times and in the manners described in division (I) of this section.
(B) An applicant for a concealed handgun license who is a resident of this state shall submit a completed application form and all of the material and information described in divisions (B)(1) to (6) of this section to the sheriff of the county in which the applicant resides or to the sheriff of any county adjacent to the county in which the applicant resides. An applicant for a license who resides in another state shall submit a completed application form and all of the material and information described in divisions (B)(1) to (7) of this section to the sheriff of the county in which the applicant is employed or to the sheriff of any county adjacent to the county in which the applicant is employed:
(1)(a) A nonrefundable license fee as described in either of the following:
(i) For an applicant who has been a resident of this state for five or more years, a fee of sixty-seven dollars;
(ii) For an applicant who has been a resident of this state for less than five years or who is not a resident of this state, but who is employed in this state, a fee of sixty-seven dollars plus the actual cost of having a background check performed by the federal bureau of investigation.
(b) No sheriff shall require an applicant to pay for the cost of a background check performed by the bureau of criminal identification and investigation.
(c) A sheriff shall waive the payment of the license fee described in division (B)(1)(a) of this section in connection with an initial or renewal application for a license that is submitted by an applicant who is an active or reserve member of the armed forces of the United States or has retired from or was honorably discharged from military service in the active or reserve armed forces of the United States, a retired peace officer, a retired person described in division (B)(1)(b) of section 109.77 of the Revised Code, or a retired federal law enforcement officer who, prior to retirement, was authorized under federal law to carry a firearm in the course of duty, unless the retired peace officer, person, or federal law enforcement officer retired as the result of a mental disability.
(d) The sheriff shall deposit all fees paid by an applicant under division (B)(1)(a) of this section into the sheriff's concealed handgun license issuance fund established pursuant to section 311.42 of the Revised Code. The county shall distribute the fees in accordance with section 311.42 of the Revised Code.
(2) A color photograph of the applicant that was taken within thirty days prior to the date of the application;
(3) One or more of the following competency certifications, each of which shall reflect that, regarding a certification described in division (B)(3)(a), (b), (c), (e), or (f) of this section, within the three years immediately preceding the application the applicant has performed that to which the competency certification relates and that, regarding a certification described in division (B)(3)(d) of this section, the applicant currently is an active or reserve member of the armed forces of the United States, the applicant has retired from or was honorably discharged from military service in the active or reserve armed forces of the United States, or within the ten years immediately preceding the application the retirement of the peace officer, person described in division (B)(1)(b) of section 109.77 of the Revised Code, or federal law enforcement officer to which the competency certification relates occurred:
(a) An original or photocopy of a certificate of completion of a firearms safety, training, or requalification or firearms safety instructor course, class, or program that was offered by or under the auspices of a national gun advocacy organization and that complies with the requirements set forth in division (G) of this section;
(b) An original or photocopy of a certificate of completion of a firearms safety, training, or requalification or firearms safety instructor course, class, or program that satisfies all of the following criteria:
(i) It was open to members of the general public.
(ii) It utilized qualified instructors who were certified by a national gun advocacy organization, the executive director of the Ohio peace officer training commission pursuant to section 109.75 or 109.78 of the Revised Code, or a governmental official or entity of another state.
(iii) It was offered by or under the auspices of a law enforcement agency of this or another state or the United States, a public or private college, university, or other similar postsecondary educational institution located in this or another state, a firearms training school located in this or another state, or another type of public or private entity or organization located in this or another state.
(iv) It complies with the requirements set forth in division (G) of this section.
(c) An original or photocopy of a certificate of completion of a state, county, municipal, or department of natural resources peace officer training school that is approved by the executive director of the Ohio peace officer training commission pursuant to section 109.75 of the Revised Code and that complies with the requirements set forth in division (G) of this section, or the applicant has satisfactorily completed and been issued a certificate of completion of a basic firearms training program, a firearms requalification training program, or another basic training program described in section 109.78 or 109.801 of the Revised Code that complies with the requirements set forth in division (G) of this section;
(d) A document that evidences both of the following:
(i) That the applicant is an active or reserve member of the armed forces of the United States, has retired from or was honorably discharged from military service in the active or reserve armed forces of the United States, is a retired trooper of the state highway patrol, or is a retired peace officer or federal law enforcement officer described in division (B)(1) of this section or a retired person described in division (B)(1)(b) of section 109.77 of the Revised Code and division (B)(1) of this section;
(ii) That, through participation in the military service or through the former employment described in division (B)(3)(d)(i) of this section, the applicant acquired experience with handling handguns or other firearms, and the experience so acquired was equivalent to training that the applicant could have acquired in a course, class, or program described in division (B)(3)(a), (b), or (c) of this section.
(e) A certificate or another similar document that evidences satisfactory completion of a firearms training, safety, or requalification or firearms safety instructor course, class, or program that is not otherwise described in division (B)(3)(a), (b), (c), or (d) of this section, that was conducted by an instructor who was certified by an official or entity of the government of this or another state or the United States or by a national gun advocacy organization, and that complies with the requirements set forth in division (G) of this section;
(f) An affidavit that attests to the applicant's satisfactory completion of a course, class, or program described in division (B)(3)(a), (b), (c), or (e) of this section and that is subscribed by the applicant's instructor or an authorized representative of the entity that offered the course, class, or program or under whose auspices the course, class, or program was offered;
(g) A document that evidences that the applicant has successfully completed the Ohio peace officer training program described in section 109.79 of the Revised Code.
(4) A certification by the applicant that the applicant has read the pamphlet prepared by the Ohio peace officer training commission pursuant to section 109.731 of the Revised Code that reviews firearms, dispute resolution, and use of deadly force matters.
(5) A set of fingerprints of the applicant provided as described in section 311.41 of the Revised Code through use of an electronic fingerprint reading device or, if the sheriff to whom the application is submitted does not possess and does not have ready access to the use of such a reading device, on a standard impression sheet prescribed pursuant to division (C)(2) of section 109.572 of the Revised Code.
(6) If the applicant is not a citizen or national of the United States, the name of the applicant's country of citizenship and the applicant's alien registration number issued by the United States citizenship and immigration services agency.
(7) If the applicant resides in another state, adequate proof of employment in Ohio.
(C) Upon receipt of the completed application form, supporting documentation, and, if not waived, license fee of an applicant under this section, a sheriff, in the manner specified in section 311.41 of the Revised Code, shall conduct or cause to be conducted the criminal records check and the incompetency records check described in section 311.41 of the Revised Code.
(D)(1) Except as provided in division (D)(3) of this section, within forty-five days after a sheriff's receipt of an applicant's completed application form for a concealed handgun license under this section, the supporting documentation, and, if not waived, the license fee, the sheriff shall make available through the law enforcement automated data system in accordance with division (H) of this section the information described in that division and, upon making the information available through the system, shall issue to the applicant a concealed handgun license that shall expire as described in division (D)(2)(a) of this section if all of the following apply:
(a) The applicant is legally living in the United States. For purposes of division (D)(1)(a) of this section, if a person is absent from the United States in compliance with military or naval orders as an active or reserve member of the armed forces of the United States and if prior to leaving the United States the person was legally living in the United States, the person, solely by reason of that absence, shall not be considered to have lost the person's status as living in the United States.
(b) The applicant is at least twenty-one years of age.
(c) The applicant is not a fugitive from justice.
(d) The applicant is not under indictment for or otherwise charged with a felony; an offense under Chapter 2925., 3719., or 4729. of the Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse; a misdemeanor offense of violence; or a violation of section 2903.14 or 2923.1211 of the Revised Code.
(e) Except as otherwise provided in division (D)(4) or (5) of this section, the applicant has not been convicted of or pleaded guilty to a felony or an offense under Chapter 2925., 3719., or 4729. of the Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse; has not been adjudicated a delinquent child for committing an act that if committed by an adult would be a felony or would be an offense under Chapter 2925., 3719., or 4729. of the Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse; has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing a violation of section 2903.13 of the Revised Code when the victim of the violation is a peace officer, regardless of whether the applicant was sentenced under division (C)(4) of that section; and has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing any other offense that is not previously described in this division that is a misdemeanor punishable by imprisonment for a term exceeding one year.
(f) Except as otherwise provided in division (D)(4) or (5) of this section, the applicant, within three years of the date of the application, has not been convicted of or pleaded guilty to a misdemeanor offense of violence other than a misdemeanor violation of section 2921.33 of the Revised Code or a violation of section 2903.13 of the Revised Code when the victim of the violation is a peace officer, or a misdemeanor violation of section 2923.1211 of the Revised Code; and has not been adjudicated a delinquent child for committing an act that if committed by an adult would be a misdemeanor offense of violence other than a misdemeanor violation of section 2921.33 of the Revised Code or a violation of section 2903.13 of the Revised Code when the victim of the violation is a peace officer or for committing an act that if committed by an adult would be a misdemeanor violation of section 2923.1211 of the Revised Code.
(g) Except as otherwise provided in division (D)(1)(e) of this section, the applicant, within five years of the date of the application, has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing two or more violations of section 2903.13 or 2903.14 of the Revised Code.
(h) Except as otherwise provided in division (D)(4) or (5) of this section, the applicant, within ten years of the date of the application, has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing a violation of section 2921.33 of the Revised Code.
(i) The applicant has not been adjudicated as a mental defective, has not been committed to any mental institution, is not under adjudication of mental incompetence, has not been found by a court to be a mentally ill person subject to court order, and is not an involuntary patient other than one who is a patient only for purposes of observation. As used in this division, "mentally ill person subject to court order" and "patient" have the same meanings as in section 5122.01 of the Revised Code.
(j) The applicant is not currently subject to a civil protection order, a temporary protection order, or a protection order issued by a court of another state.
(k) The applicant certifies that the applicant desires a legal means to carry a concealed handgun for defense of the applicant or a member of the applicant's family while engaged in lawful activity.
(l) The applicant submits a competency certification of the type described in division (B)(3) of this section and submits a certification of the type described in division (B)(4) of this section regarding the applicant's reading of the pamphlet prepared by the Ohio peace officer training commission pursuant to section 109.731 of the Revised Code.
(m) The applicant currently is not subject to a suspension imposed under division (A)(2) of section 2923.128 of the Revised Code of a concealed handgun license that previously was issued to the applicant under this section or section 2923.1213 of the Revised Code or a similar suspension imposed by another state regarding a concealed handgun license issued by that state.
(n) If the applicant resides in another state, the applicant is employed in this state.
(o) The applicant certifies that the applicant is not an unlawful user of or addicted to any controlled substance as defined in 21 U.S.C. 802.
(p) If the applicant is not a United States citizen, the applicant is an alien and has not been admitted to the United States under a nonimmigrant visa, as defined in the "Immigration and Nationality Act," 8 U.S.C. 1101(a)(26).
(q) The applicant has not been discharged from the armed forces of the United States under dishonorable conditions.
(r) The applicant certifies that the applicant has not renounced the applicant's United States citizenship, if applicable.
(s) The applicant has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing a violation of section 2919.25 of the Revised Code or a similar violation in another state.
(2)(a) A concealed handgun license that a sheriff issues under division (D)(1) of this section shall expire five years after the date of issuance.
If a sheriff issues a license under this section, the sheriff shall place on the license a unique combination of letters and numbers identifying the license in accordance with the procedure prescribed by the Ohio peace officer training commission pursuant to section 109.731 of the Revised Code.
(b) If a sheriff denies an application under this section because the applicant does not satisfy the criteria described in division (D)(1) of this section, the sheriff shall specify the grounds for the denial in a written notice to the applicant. The applicant may appeal the denial pursuant to section 119.12 of the Revised Code in the county served by the sheriff who denied the application. If the denial was as a result of the criminal records check conducted pursuant to section 311.41 of the Revised Code and if, pursuant to section 2923.127 of the Revised Code, the applicant challenges the criminal records check results using the appropriate challenge and review procedure specified in that section, the time for filing the appeal pursuant to section 119.12 of the Revised Code and this division is tolled during the pendency of the request or the challenge and review.
(c) If the court in an appeal under section 119.12 of the Revised Code and division (D)(2)(b) of this section enters a judgment sustaining the sheriff's refusal to grant to the applicant a concealed handgun license, the applicant may file a new application beginning one year after the judgment is entered. If the court enters a judgment in favor of the applicant, that judgment shall not restrict the authority of a sheriff to suspend or revoke the license pursuant to section 2923.128 or 2923.1213 of the Revised Code or to refuse to renew the license for any proper cause that may occur after the date the judgment is entered. In the appeal, the court shall have full power to dispose of all costs.
(3) If the sheriff with whom an application for a concealed handgun license was filed under this section becomes aware that the applicant has been arrested for or otherwise charged with an offense that would disqualify the applicant from holding the license, the sheriff shall suspend the processing of the application until the disposition of the case arising from the arrest or charge.
(4)
If an applicant has been convicted of or pleaded guilty to an offense
identified in division (D)(1)(e), (f), or (h) of this section or has
been adjudicated a delinquent child for committing an act or
violation identified in any of those divisions, and if a court has
ordered the sealing or expungement of the records of that conviction,
guilty plea, or adjudication pursuant to sections 2151.355 to
2151.358, sections 2953.31 to 2953.36,
or section 2953.37 2953.35
of
the Revised Code or the applicant has been relieved under operation
of law or legal process from the disability imposed pursuant to
section 2923.13 of the Revised Code relative to that conviction,
guilty plea, or adjudication, the sheriff with whom the application
was submitted shall not consider the conviction, guilty plea, or
adjudication in making a determination under division (D)(1) or (F)
of this section or, in relation to an application for a concealed
handgun license on a temporary emergency basis submitted under
section 2923.1213 of the Revised Code, in making a determination
under division (B)(2) of that section.
(5) If an applicant has been convicted of or pleaded guilty to a minor misdemeanor offense or has been adjudicated a delinquent child for committing an act or violation that is a minor misdemeanor offense, the sheriff with whom the application was submitted shall not consider the conviction, guilty plea, or adjudication in making a determination under division (D)(1) or (F) of this section or, in relation to an application for a concealed handgun license on a temporary basis submitted under section 2923.1213 of the Revised Code, in making a determination under division (B)(2) of that section.
(E) If a concealed handgun license issued under this section is lost or is destroyed, the licensee may obtain from the sheriff who issued that license a duplicate license upon the payment of a fee of fifteen dollars and the submission of an affidavit attesting to the loss or destruction of the license. The sheriff, in accordance with the procedures prescribed in section 109.731 of the Revised Code, shall place on the replacement license a combination of identifying numbers different from the combination on the license that is being replaced.
(F)(1)(a) Except as provided in division (F)(1)(b) of this section, a licensee who wishes to renew a concealed handgun license issued under this section may do so at any time before the expiration date of the license or at any time after the expiration date of the license by filing with the sheriff of the county in which the applicant resides or with the sheriff of an adjacent county, or in the case of an applicant who resides in another state with the sheriff of the county that issued the applicant's previous concealed handgun license an application for renewal of the license obtained pursuant to division (D) of this section, a certification by the applicant that, subsequent to the issuance of the license, the applicant has reread the pamphlet prepared by the Ohio peace officer training commission pursuant to section 109.731 of the Revised Code that reviews firearms, dispute resolution, and use of deadly force matters, and a nonrefundable license renewal fee in an amount determined pursuant to division (F)(4) of this section unless the fee is waived.
(b) A person on active duty in the armed forces of the United States or in service with the peace corps, volunteers in service to America, or the foreign service of the United States is exempt from the license requirements of this section for the period of the person's active duty or service and for six months thereafter, provided the person was a licensee under this section at the time the person commenced the person's active duty or service or had obtained a license while on active duty or service. The spouse or a dependent of any such person on active duty or in service also is exempt from the license requirements of this section for the period of the person's active duty or service and for six months thereafter, provided the spouse or dependent was a licensee under this section at the time the person commenced the active duty or service or had obtained a license while the person was on active duty or service, and provided further that the person's active duty or service resulted in the spouse or dependent relocating outside of this state during the period of the active duty or service. This division does not prevent such a person or the person's spouse or dependent from making an application for the renewal of a concealed handgun license during the period of the person's active duty or service.
(2) A sheriff shall accept a completed renewal application, the license renewal fee, and the information specified in division (F)(1) of this section at the times and in the manners described in division (I) of this section. Upon receipt of a completed renewal application, of certification that the applicant has reread the specified pamphlet prepared by the Ohio peace officer training commission, and of a license renewal fee unless the fee is waived, a sheriff, in the manner specified in section 311.41 of the Revised Code shall conduct or cause to be conducted the criminal records check and the incompetency records check described in section 311.41 of the Revised Code. The sheriff shall renew the license if the sheriff determines that the applicant continues to satisfy the requirements described in division (D)(1) of this section, except that the applicant is not required to meet the requirements of division (D)(1)(l) of this section. A renewed license shall expire five years after the date of issuance. A renewed license is subject to division (E) of this section and sections 2923.126 and 2923.128 of the Revised Code. A sheriff shall comply with divisions (D)(2) and (3) of this section when the circumstances described in those divisions apply to a requested license renewal. If a sheriff denies the renewal of a concealed handgun license, the applicant may appeal the denial, or challenge the criminal record check results that were the basis of the denial if applicable, in the same manner as specified in division (D)(2)(b) of this section and in section 2923.127 of the Revised Code, regarding the denial of a license under this section.
(3) A renewal application submitted pursuant to division (F) of this section shall only require the licensee to list on the application form information and matters occurring since the date of the licensee's last application for a license pursuant to division (B) or (F) of this section. A sheriff conducting the criminal records check and the incompetency records check described in section 311.41 of the Revised Code shall conduct the check only from the date of the licensee's last application for a license pursuant to division (B) or (F) of this section through the date of the renewal application submitted pursuant to division (F) of this section.
(4) An applicant for a renewal concealed handgun license under this section shall submit to the sheriff of the county in which the applicant resides or to the sheriff of any county adjacent to the county in which the applicant resides, or in the case of an applicant who resides in another state to the sheriff of the county that issued the applicant's previous concealed handgun license, a nonrefundable license fee as described in either of the following:
(a) For an applicant who has been a resident of this state for five or more years, a fee of fifty dollars;
(b) For an applicant who has been a resident of this state for less than five years or who is not a resident of this state but who is employed in this state, a fee of fifty dollars plus the actual cost of having a background check performed by the federal bureau of investigation.
(5) The concealed handgun license of a licensee who is no longer a resident of this state or no longer employed in this state, as applicable, is valid until the date of expiration on the license, and the licensee is prohibited from renewing the concealed handgun license.
(G)(1) Each course, class, or program described in division (B)(3)(a), (b), (c), or (e) of this section shall provide to each person who takes the course, class, or program the web site address at which the pamphlet prepared by the Ohio peace officer training commission pursuant to section 109.731 of the Revised Code that reviews firearms, dispute resolution, and use of deadly force matters may be found. Each such course, class, or program described in one of those divisions shall include at least eight hours of training in the safe handling and use of a firearm that shall include training, provided as described in division (G)(3) of this section, on all of the following:
(a) The ability to name, explain, and demonstrate the rules for safe handling of a handgun and proper storage practices for handguns and ammunition;
(b) The ability to demonstrate and explain how to handle ammunition in a safe manner;
(c) The ability to demonstrate the knowledge, skills, and attitude necessary to shoot a handgun in a safe manner;
(d) Gun handling training;
(e) A minimum of two hours of in-person training that consists of range time and live-fire training.
(2) To satisfactorily complete the course, class, or program described in division (B)(3)(a), (b), (c), or (e) of this section, the applicant shall pass a competency examination that shall include both of the following:
(a) A written section, provided as described in division (G)(3) of this section, on the ability to name and explain the rules for the safe handling of a handgun and proper storage practices for handguns and ammunition;
(b) An in-person physical demonstration of competence in the use of a handgun and in the rules for safe handling and storage of a handgun and a physical demonstration of the attitude necessary to shoot a handgun in a safe manner.
(3)(a) Except as otherwise provided in this division, the training specified in division (G)(1)(a) of this section shall be provided to the person receiving the training in person by an instructor. If the training specified in division (G)(1)(a) of this section is provided by a course, class, or program described in division (B)(3)(a) of this section, or it is provided by a course, class, or program described in division (B)(3)(b), (c), or (e) of this section and the instructor is a qualified instructor certified by a national gun advocacy organization, the training so specified, other than the training that requires the person receiving the training to demonstrate handling abilities, may be provided online or as a combination of in-person and online training, as long as the online training includes an interactive component that regularly engages the person.
(b) Except as otherwise provided in this division, the written section of the competency examination specified in division (G)(2)(a) of this section shall be administered to the person taking the competency examination in person by an instructor. If the training specified in division (G)(1)(a) of this section is provided to the person receiving the training by a course, class, or program described in division (B)(3)(a) of this section, or it is provided by a course, class, or program described in division (B)(3)(b), (c), or (e) of this section and the instructor is a qualified instructor certified by a national gun advocacy organization, the written section of the competency examination specified in division (G)(2)(a) of this section may be administered online, as long as the online training includes an interactive component that regularly engages the person.
(4) The competency certification described in division (B)(3)(a), (b), (c), or (e) of this section shall be dated and shall attest that the course, class, or program the applicant successfully completed met the requirements described in division (G)(1) of this section and that the applicant passed the competency examination described in division (G)(2) of this section.
(H) Upon deciding to issue a concealed handgun license, deciding to issue a replacement concealed handgun license, or deciding to renew a concealed handgun license pursuant to this section, and before actually issuing or renewing the license, the sheriff shall make available through the law enforcement automated data system all information contained on the license. If the license subsequently is suspended under division (A)(1) or (2) of section 2923.128 of the Revised Code, revoked pursuant to division (B)(1) of section 2923.128 of the Revised Code, or lost or destroyed, the sheriff also shall make available through the law enforcement automated data system a notation of that fact. The superintendent of the state highway patrol shall ensure that the law enforcement automated data system is so configured as to permit the transmission through the system of the information specified in this division.
(I)(1) A sheriff shall accept a completed application form or renewal application, and the fee, items, materials, and information specified in divisions (B)(1) to (5) or division (F) of this section, whichever is applicable, and shall provide an application form or renewal application to any person during at least fifteen hours a week and shall provide the web site address at which a printable version of the application form that can be downloaded and the pamphlet described in division (B) of section 109.731 of the Revised Code may be found at any time, upon request. The sheriff shall post notice of the hours during which the sheriff is available to accept or provide the information described in this division.
(2) A sheriff shall transmit a notice to the attorney general, in a manner determined by the attorney general, every time a license is issued that waived payment under division (B)(1)(c) of this section for an applicant who is an active or reserve member of the armed forces of the United States or has retired from or was honorably discharged from military service in the active or reserve armed forces of the United States. The attorney general shall monitor and inform sheriffs issuing licenses under this section when the amount of license fee payments waived and transmitted to the attorney general reach one million five hundred thousand dollars each year. Once a sheriff is informed that the payments waived reached one million five hundred thousand dollars in any year, a sheriff shall no longer waive payment of a license fee for an applicant who is an active or reserve member of the armed forces of the United States or has retired from or was honorably discharged from military service in the active or reserve armed forces of the United States for the remainder of that year.
Sec. 2923.128. (A)(1)(a) If a licensee holding a valid concealed handgun license is arrested for or otherwise charged with an offense described in division (D)(1)(d) of section 2923.125 of the Revised Code or with a violation of section 2923.15 of the Revised Code or becomes subject to a temporary protection order or to a protection order issued by a court of another state that is substantially equivalent to a temporary protection order, the sheriff who issued the license shall suspend it and shall comply with division (A)(3) of this section upon becoming aware of the arrest, charge, or protection order. Upon suspending the license, the sheriff also shall comply with division (H) of section 2923.125 of the Revised Code.
(b) A suspension under division (A)(1)(a) of this section shall be considered as beginning on the date that the licensee is arrested for or otherwise charged with an offense described in that division or on the date the appropriate court issued the protection order described in that division, irrespective of when the sheriff notifies the licensee under division (A)(3) of this section. The suspension shall end on the date on which the charges are dismissed or the licensee is found not guilty of the offense described in division (A)(1)(a) of this section or, subject to division (B) of this section, on the date the appropriate court terminates the protection order described in that division. If the suspension so ends, the sheriff shall return the license or temporary emergency license to the licensee.
(2)(a) If a licensee holding a valid concealed handgun license is convicted of or pleads guilty to a misdemeanor violation of division (B)(1), (2), or (4) of section 2923.12 of the Revised Code or of division (E)(1), (2), (3), or (5) of section 2923.16 of the Revised Code, except as provided in division (A)(2)(c) of this section and subject to division (C) of this section, the sheriff who issued the license shall suspend it and shall comply with division (A)(3) of this section upon becoming aware of the conviction or guilty plea. Upon suspending the license, the sheriff also shall comply with division (H) of section 2923.125 of the Revised Code.
(b) A suspension under division (A)(2)(a) of this section shall be considered as beginning on the date that the licensee is convicted of or pleads guilty to the offense described in that division, irrespective of when the sheriff notifies the licensee under division (A)(3) of this section. If the suspension is imposed for a misdemeanor violation of division (B)(1) or (2) of section 2923.12 of the Revised Code or of division (E)(1), (2), or (3) of section 2923.16 of the Revised Code, it shall end on the date that is one year after the date that the licensee is convicted of or pleads guilty to that violation. If the suspension is imposed for a misdemeanor violation of division (B)(4) of section 2923.12 of the Revised Code or of division (E)(5) of section 2923.16 of the Revised Code, it shall end on the date that is two years after the date that the licensee is convicted of or pleads guilty to that violation. If the licensee's license was issued under section 2923.125 of the Revised Code and the license remains valid after the suspension ends as described in this division, when the suspension ends, the sheriff shall return the license to the licensee. If the licensee's license was issued under section 2923.125 of the Revised Code and the license expires before the suspension ends as described in this division, or if the licensee's license was issued under section 2923.1213 of the Revised Code, the licensee is not eligible to apply for a new license under section 2923.125 or 2923.1213 of the Revised Code or to renew the license under section 2923.125 of the Revised Code until after the suspension ends as described in this division.
(c) The license of a licensee who is convicted of or pleads guilty to a violation of division (B)(1) of section 2923.12 or division (E)(1) or (2) of section 2923.16 of the Revised Code shall not be suspended pursuant to division (A)(2)(a) of this section if, at the time of the stop of the licensee for a law enforcement purpose, for a traffic stop, or for a purpose defined in section 5503.34 of the Revised Code that was the basis of the violation, any law enforcement officer involved with the stop or the employee of the motor carrier enforcement unit who made the stop had actual knowledge of the licensee's status as a licensee.
(3) Upon becoming aware of an arrest, charge, or protection order described in division (A)(1)(a) of this section with respect to a licensee who was issued a concealed handgun license, or a conviction of or plea of guilty to a misdemeanor offense described in division (A)(2)(a) of this section with respect to a licensee who was issued a concealed handgun license and with respect to which division (A)(2)(c) of this section does not apply, subject to division (C) of this section, the sheriff who issued the licensee's license shall notify the licensee, by certified mail, return receipt requested, at the licensee's last known residence address that the license has been suspended and that the licensee is required to surrender the license at the sheriff's office within ten days of the date on which the notice was mailed. If the suspension is pursuant to division (A)(2) of this section, the notice shall identify the date on which the suspension ends.
(B)(1) A sheriff who issues a concealed handgun license to a licensee shall revoke the license in accordance with division (B)(2) of this section upon becoming aware that the licensee satisfies any of the following:
(a) The licensee is under twenty-one years of age.
(b) Subject to division (C) of this section, at the time of the issuance of the license, the licensee did not satisfy the eligibility requirements of division (D)(1)(c), (d), (e), (f), (g), or (h) of section 2923.125 of the Revised Code.
(c) Subject to division (C) of this section, on or after the date on which the license was issued, the licensee is convicted of or pleads guilty to a violation of section 2923.15 of the Revised Code or an offense described in division (D)(1)(e), (f), (g), or (h) of section 2923.125 of the Revised Code.
(d) On or after the date on which the license was issued, the licensee becomes subject to a civil protection order or to a protection order issued by a court of another state that is substantially equivalent to a civil protection order.
(e) The licensee knowingly carries a concealed handgun into a place that the licensee knows is an unauthorized place specified in division (B) of section 2923.126 of the Revised Code.
(f) On or after the date on which the license was issued, the licensee is adjudicated as a mental defective or is committed to a mental institution.
(g) At the time of the issuance of the license, the licensee did not meet the residency requirements described in division (D)(1) of section 2923.125 of the Revised Code and currently does not meet the residency requirements described in that division.
(h) Regarding a license issued under section 2923.125 of the Revised Code, the competency certificate the licensee submitted was forged or otherwise was fraudulent.
(2) Upon becoming aware of any circumstance listed in division (B)(1) of this section that applies to a particular licensee who was issued a concealed handgun license, subject to division (C) of this section, the sheriff who issued the license to the licensee shall notify the licensee, by certified mail, return receipt requested, at the licensee's last known residence address that the license is subject to revocation and that the licensee may come to the sheriff's office and contest the sheriff's proposed revocation within fourteen days of the date on which the notice was mailed. After the fourteen-day period and after consideration of any information that the licensee provides during that period, if the sheriff determines on the basis of the information of which the sheriff is aware that the licensee is described in division (B)(1) of this section and no longer satisfies the requirements described in division (D)(1) of section 2923.125 of the Revised Code that are applicable to the licensee's type of license, the sheriff shall revoke the license, notify the licensee of that fact, and require the licensee to surrender the license. Upon revoking the license, the sheriff also shall comply with division (H) of section 2923.125 of the Revised Code.
(C)
If a sheriff who issues a concealed handgun license to a licensee
becomes aware that at the time of the issuance of the license the
licensee had been convicted of or pleaded guilty to an offense
identified in division (D)(1)(e), (f), or (h) of section 2923.125 of
the Revised Code or had been adjudicated a delinquent child for
committing an act or violation identified in any of those divisions
or becomes aware that on or after the date on which the license was
issued the licensee has been convicted of or pleaded guilty to an
offense identified in division (A)(2)(a) or (B)(1)(c) of this
section, the sheriff shall not consider that conviction, guilty plea,
or adjudication as having occurred for purposes of divisions (A)(2),
(A)(3), (B)(1), and (B)(2) of this section if a court has ordered the
sealing or expungement of the records of that conviction, guilty
plea, or adjudication pursuant to sections 2151.355 to 2151.358 or
sections 2953.31 to 2953.36
2953.34
of
the Revised Code or the licensee has been relieved under operation of
law or legal process from the disability imposed pursuant to section
2923.13 of the Revised Code relative to that conviction, guilty plea,
or adjudication.
(D) As used in this section, "motor carrier enforcement unit" has the same meaning as in section 2923.16 of the Revised Code.
Sec. 2923.1213. (A) As used in this section:
(1) "Evidence of imminent danger" means any of the following:
(a) A statement sworn by the person seeking to carry a concealed handgun that is made under threat of perjury and that states that the person has reasonable cause to fear a criminal attack upon the person or a member of the person's family, such as would justify a prudent person in going armed;
(b) A written document prepared by a governmental entity or public official describing the facts that give the person seeking to carry a concealed handgun reasonable cause to fear a criminal attack upon the person or a member of the person's family, such as would justify a prudent person in going armed. Written documents of this nature include, but are not limited to, any temporary protection order, civil protection order, protection order issued by another state, or other court order, any court report, and any report filed with or made by a law enforcement agency or prosecutor.
(2) "Prosecutor" has the same meaning as in section 2935.01 of the Revised Code.
(B)(1) A person seeking a concealed handgun license on a temporary emergency basis shall submit to the sheriff of the county in which the person resides or, if the person usually resides in another state, to the sheriff of the county in which the person is temporarily staying, all of the following:
(a) Evidence of imminent danger to the person or a member of the person's family;
(b) A sworn affidavit that contains all of the information required to be on the license and attesting that the person is legally living in the United States; is at least twenty-one years of age; is not a fugitive from justice; is not under indictment for or otherwise charged with an offense identified in division (D)(1)(d) of section 2923.125 of the Revised Code; has not been convicted of or pleaded guilty to an offense, and has not been adjudicated a delinquent child for committing an act, identified in division (D)(1)(e) of that section and to which division (B)(3) of this section does not apply; within three years of the date of the submission, has not been convicted of or pleaded guilty to an offense, and has not been adjudicated a delinquent child for committing an act, identified in division (D)(1)(f) of that section and to which division (B)(3) of this section does not apply; within five years of the date of the submission, has not been convicted of, pleaded guilty, or adjudicated a delinquent child for committing two or more violations identified in division (D)(1)(g) of that section; within ten years of the date of the submission, has not been convicted of, pleaded guilty, or adjudicated a delinquent child for committing a violation identified in division (D)(1)(h) of that section and to which division (B)(3) of this section does not apply; has not been adjudicated as a mental defective, has not been committed to any mental institution, is not under adjudication of mental incompetence, has not been found by a court to be a mentally ill person subject to court order, and is not an involuntary patient other than one who is a patient only for purposes of observation, as described in division (D)(1)(i) of that section; is not currently subject to a civil protection order, a temporary protection order, or a protection order issued by a court of another state, as described in division (D)(1)(j) of that section; is not currently subject to a suspension imposed under division (A)(2) of section 2923.128 of the Revised Code of a concealed handgun license that previously was issued to the person or a similar suspension imposed by another state regarding a concealed handgun license issued by that state; is not an unlawful user of or addicted to any controlled substance as defined in 21 U.S.C. 802; if applicable, is an alien and has not been admitted to the United States under a nonimmigrant visa, as defined in the "Immigration and Nationality Act," 8 U.S.C. 1101(a)(26); has not been discharged from the armed forces of the United States under dishonorable conditions; if applicable, has not renounced the applicant's United States citizenship; and has not been convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing a violation identified in division (D)(1)(s) of section 2923.125 of the Revised Code;
(c) A nonrefundable temporary emergency license fee as described in either of the following:
(i) For an applicant who has been a resident of this state for five or more years, a fee of fifteen dollars plus the actual cost of having a background check performed by the bureau of criminal identification and investigation pursuant to section 311.41 of the Revised Code;
(ii) For an applicant who has been a resident of this state for less than five years or who is not a resident of this state, but is temporarily staying in this state, a fee of fifteen dollars plus the actual cost of having background checks performed by the federal bureau of investigation and the bureau of criminal identification and investigation pursuant to section 311.41 of the Revised Code.
(d) A set of fingerprints of the applicant provided as described in section 311.41 of the Revised Code through use of an electronic fingerprint reading device or, if the sheriff to whom the application is submitted does not possess and does not have ready access to the use of an electronic fingerprint reading device, on a standard impression sheet prescribed pursuant to division (C)(2) of section 109.572 of the Revised Code. If the fingerprints are provided on a standard impression sheet, the person also shall provide the person's social security number to the sheriff.
(2) A sheriff shall accept the evidence of imminent danger, the sworn affidavit, the fee, and the set of fingerprints required under division (B)(1) of this section at the times and in the manners described in division (I) of this section. Upon receipt of the evidence of imminent danger, the sworn affidavit, the fee, and the set of fingerprints required under division (B)(1) of this section, the sheriff, in the manner specified in section 311.41 of the Revised Code, immediately shall conduct or cause to be conducted the criminal records check and the incompetency records check described in section 311.41 of the Revised Code. Immediately upon receipt of the results of the records checks, the sheriff shall review the information and shall determine whether the criteria set forth in divisions (D)(1)(a) to (j) and (m) to (s) of section 2923.125 of the Revised Code apply regarding the person. If the sheriff determines that all of the criteria set forth in divisions (D)(1)(a) to (j) and (m) to (s) of section 2923.125 of the Revised Code apply regarding the person, the sheriff shall immediately make available through the law enforcement automated data system all information that will be contained on the temporary emergency license for the person if one is issued, and the superintendent of the state highway patrol shall ensure that the system is so configured as to permit the transmission through the system of that information. Upon making that information available through the law enforcement automated data system, the sheriff shall immediately issue to the person a concealed handgun license on a temporary emergency basis.
If the sheriff denies the issuance of a license on a temporary emergency basis to the person, the sheriff shall specify the grounds for the denial in a written notice to the person. The person may appeal the denial, or challenge criminal records check results that were the basis of the denial if applicable, in the same manners specified in division (D)(2) of section 2923.125 and in section 2923.127 of the Revised Code, regarding the denial of an application for a concealed handgun license under that section.
The license on a temporary emergency basis issued under this division shall be in the form, and shall include all of the information, described in divisions (A)(2)(a) and (d) of section 109.731 of the Revised Code, and also shall include a unique combination of identifying letters and numbers in accordance with division (A)(2)(c) of that section.
The license on a temporary emergency basis issued under this division is valid for ninety days and may not be renewed. A person who has been issued a license on a temporary emergency basis under this division shall not be issued another license on a temporary emergency basis unless at least four years has expired since the issuance of the prior license on a temporary emergency basis.
(3)
If a person seeking a concealed handgun license on a temporary
emergency basis has been convicted of or pleaded guilty to an offense
identified in division (D)(1)(e), (f), or (h) of section 2923.125 of
the Revised Code or has been adjudicated a delinquent child for
committing an act or violation identified in any of those divisions,
and if a court has ordered the sealing or expungement of the records
of that conviction, guilty plea, or adjudication pursuant to sections
2151.355 to 2151.358 or sections 2953.31 to 2953.36
2953.34
of
the Revised Code or the applicant has been relieved under operation
of law or legal process from the disability imposed pursuant to
section 2923.13 of the Revised Code relative to that conviction,
guilty plea, or adjudication, the conviction, guilty plea, or
adjudication shall not be relevant for purposes of the sworn
affidavit described in division (B)(1)(b) of this section, and the
person may complete, and swear to the truth of, the affidavit as if
the conviction, guilty plea, or adjudication never had occurred.
(4) The sheriff shall waive the payment pursuant to division (B)(1)(c) of this section of the license fee in connection with an application that is submitted by an applicant who is a retired peace officer, a retired person described in division (B)(1)(b) of section 109.77 of the Revised Code, or a retired federal law enforcement officer who, prior to retirement, was authorized under federal law to carry a firearm in the course of duty, unless the retired peace officer, person, or federal law enforcement officer retired as the result of a mental disability.
The sheriff shall deposit all fees paid by an applicant under division (B)(1)(c) of this section into the sheriff's concealed handgun license issuance fund established pursuant to section 311.42 of the Revised Code.
(C) A person who holds a concealed handgun license on a temporary emergency basis has the same right to carry a concealed handgun as a person who was issued a concealed handgun license under section 2923.125 of the Revised Code, and any exceptions to the prohibitions contained in section 1547.69 and sections 2923.12 to 2923.16 of the Revised Code for a licensee under section 2923.125 of the Revised Code apply to a licensee under this section. The person is subject to the same restrictions, and to all other procedures, duties, and sanctions, that apply to a person who carries a license issued under section 2923.125 of the Revised Code, other than the license renewal procedures set forth in that section.
(D) A sheriff who issues a concealed handgun license on a temporary emergency basis under this section shall not require a person seeking to carry a concealed handgun in accordance with this section to submit a competency certificate as a prerequisite for issuing the license and shall comply with division (H) of section 2923.125 of the Revised Code in regards to the license. The sheriff shall suspend or revoke the license in accordance with section 2923.128 of the Revised Code. In addition to the suspension or revocation procedures set forth in section 2923.128 of the Revised Code, the sheriff may revoke the license upon receiving information, verifiable by public documents, that the person is not eligible to possess a firearm under either the laws of this state or of the United States or that the person committed perjury in obtaining the license; if the sheriff revokes a license under this additional authority, the sheriff shall notify the person, by certified mail, return receipt requested, at the person's last known residence address that the license has been revoked and that the person is required to surrender the license at the sheriff's office within ten days of the date on which the notice was mailed. Division (H) of section 2923.125 of the Revised Code applies regarding any suspension or revocation of a concealed handgun license on a temporary emergency basis.
(E) A sheriff who issues a concealed handgun license on a temporary emergency basis under this section shall retain, for the entire period during which the license is in effect, the evidence of imminent danger that the person submitted to the sheriff and that was the basis for the license, or a copy of that evidence, as appropriate.
(F) If a concealed handgun license on a temporary emergency basis issued under this section is lost or is destroyed, the licensee may obtain from the sheriff who issued that license a duplicate license upon the payment of a fee of fifteen dollars and the submission of an affidavit attesting to the loss or destruction of the license. The sheriff, in accordance with the procedures prescribed in section 109.731 of the Revised Code, shall place on the replacement license a combination of identifying numbers different from the combination on the license that is being replaced.
(G) The attorney general shall prescribe, and shall make available to sheriffs, a standard form to be used under division (B) of this section by a person who applies for a concealed handgun license on a temporary emergency basis on the basis of imminent danger of a type described in division (A)(1)(a) of this section. The attorney general shall design the form to enable applicants to provide the information that is required by law to be collected, and shall update the form as necessary. Burdens or restrictions to obtaining a concealed handgun license that are not expressly prescribed in law shall not be incorporated into the form. The attorney general shall post a printable version of the form on the web site of the attorney general and shall provide the address of the web site to any person who requests the form.
(H) A sheriff who receives any fees paid by a person under this section shall deposit all fees so paid into the sheriff's concealed handgun license issuance expense fund established under section 311.42 of the Revised Code.
(I) A sheriff shall accept evidence of imminent danger, a sworn affidavit, the fee, and the set of fingerprints specified in division (B)(1) of this section at any time during normal business hours. In no case shall a sheriff require an appointment, or designate a specific period of time, for the submission or acceptance of evidence of imminent danger, a sworn affidavit, the fee, and the set of fingerprints specified in division (B)(1) of this section, or for the provision to any person of a standard form to be used for a person to apply for a concealed handgun license on a temporary emergency basis.
Sec. 2923.13. (A) Unless relieved from disability under operation of law or legal process, no person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following apply:
(1) The person is a fugitive from justice.
(2)
The person is
under indictment for or has
been convicted of any felony offense of violence or has been
adjudicated a delinquent child for the commission of an offense that,
if committed by an adult, would have been a felony offense of
violence.
(3)
The person is
under indictment for or has
been convicted of any felony offense involving the illegal
possession, use, sale, administration, distribution, or trafficking
in any drug of abuse or has been adjudicated a delinquent child for
the commission of an offense that, if committed by an adult, would
have been a felony offense involving the illegal possession, use,
sale, administration, distribution, or trafficking in any drug of
abuse.
(4) The person is drug dependent, in danger of drug dependence, or a chronic alcoholic.
(5) The person is under adjudication of mental incompetence, has been adjudicated as a mental defective, has been committed to a mental institution, has been found by a court to be a mentally ill person subject to court order, or is an involuntary patient other than one who is a patient only for purposes of observation. As used in this division, "mentally ill person subject to court order" and "patient" have the same meanings as in section 5122.01 of the Revised Code.
(6) The person is under indictment for any offense described in division (A)(2) or (3) of this section, but only if the person knows or has reasonable cause to believe that the person is under indictment for the offense.
(B) Whoever violates this section is guilty of having weapons while under disability, a felony of the third degree.
(C) For the purposes of this section, "under operation of law or legal process" shall not itself include mere completion, termination, or expiration of a sentence imposed as a result of a criminal conviction.
Sec. 2923.14. (A)(1) Except as otherwise provided in division (A)(2) of this section, any person who is prohibited from acquiring, having, carrying, or using firearms may apply to the court of common pleas in the county in which the person resides for relief from such prohibition.
(2) Division (A)(1) of this section does not apply to a person who has been convicted of or pleaded guilty to a violation of section 2923.132 of the Revised Code or to a person who, two or more times, has been convicted of or pleaded guilty to a felony and a specification of the type described in section 2941.141, 2941.144, 2941.145, 2941.146, 2941.1412, or 2941.1424 of the Revised Code.
(B) The application shall recite the following:
(1) All indictments, convictions, or adjudications upon which the applicant's disability is based, the sentence imposed and served, and any release granted under a community control sanction, post-release control sanction, or parole, any partial or conditional pardon granted, or other disposition of each case, or, if the disability is based upon a factor other than an indictment, a conviction, or an adjudication, the factor upon which the disability is based and all details related to that factor;
(2) Facts showing the applicant to be a fit subject for relief under this section.
(C) A copy of the application shall be served on the county prosecutor. The county prosecutor shall cause the matter to be investigated and shall raise before the court any objections to granting relief that the investigation reveals.
(D) Upon hearing, the court may grant the applicant relief pursuant to this section, if all of the following apply:
(1) One of the following applies:
(a) If the disability is based upon an indictment, a conviction, or an adjudication, the applicant has been fully discharged from imprisonment, community control, post-release control, and parole, or, if the applicant is under indictment, has been released on bail or recognizance.
(b) If the disability is based upon a factor other than an indictment, a conviction, or an adjudication, that factor no longer is applicable to the applicant.
(2) The applicant has led a law-abiding life since discharge or release, and appears likely to continue to do so.
(3) The applicant is not otherwise prohibited by law from acquiring, having, or using firearms.
(E) Costs of the proceeding shall be charged as in other civil cases, and taxed to the applicant.
(F) Relief from disability granted pursuant to this section restores the applicant to all civil firearm rights to the full extent enjoyed by any citizen, and is subject to the following conditions:
(1) Applies only with respect to indictments, convictions, or adjudications, or to the other factor, recited in the application as the basis for the applicant's disability;
(2) Applies only with respect to firearms lawfully acquired, possessed, carried, or used by the applicant;
(3) May be revoked by the court at any time for good cause shown and upon notice to the applicant;
(4)
Is automatically void upon commission by the applicant of any offense
set forth in division (A)(2)
or,
(3),
or (6)
of
section 2923.13 of the Revised Code, or upon the applicant's becoming
one of the class of persons named in division (A)(1), (4), or (5) of
that section.
(G) As used in this section:
(1) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.
(2) "Post-release control" and "post-release control sanction" have the same meanings as in section 2967.01 of the Revised Code.
Sec. 2923.16. (A) No person shall knowingly discharge a firearm while in or on a motor vehicle.
(B) No person shall knowingly transport or have a loaded firearm in a motor vehicle in such a manner that the firearm is accessible to the operator or any passenger without leaving the vehicle.
(C) No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, and the firearm is carried in one of the following ways:
(1) In a closed package, box, or case;
(2) In a compartment that can be reached only by leaving the vehicle;
(3) In plain sight and secured in a rack or holder made for the purpose;
(4) If the firearm is at least twenty-four inches in overall length as measured from the muzzle to the part of the stock furthest from the muzzle and if the barrel is at least eighteen inches in length, either in plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.
(D) No person shall knowingly transport or have a loaded handgun in a motor vehicle if, at the time of that transportation or possession, any of the following applies:
(1) The person is under the influence of alcohol, a drug of abuse, or a combination of them.
(2) The person's whole blood, blood serum or plasma, breath, or urine contains a concentration of alcohol, a listed controlled substance, or a listed metabolite of a controlled substance prohibited for persons operating a vehicle, as specified in division (A) of section 4511.19 of the Revised Code, regardless of whether the person at the time of the transportation or possession as described in this division is the operator of or a passenger in the motor vehicle.
(E) No person who has been issued a concealed handgun license or who is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of section 2923.125 of the Revised Code, who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.34 of the Revised Code, and who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following:
(1) Fail to promptly inform any law enforcement officer who approaches the vehicle while stopped that the person has been issued a concealed handgun license or is authorized to carry a concealed handgun as an active duty member of the armed forces of the United States and that the person then possesses or has a loaded handgun in the motor vehicle;
(2) Fail to promptly inform the employee of the unit who approaches the vehicle while stopped that the person has been issued a concealed handgun license or is authorized to carry a concealed handgun as an active duty member of the armed forces of the United States and that the person then possesses or has a loaded handgun in the commercial motor vehicle;
(3) Knowingly fail to remain in the motor vehicle while stopped or knowingly fail to keep the person's hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer;
(4) Knowingly have contact with the loaded handgun by touching it with the person's hands or fingers in the motor vehicle at any time after the law enforcement officer begins approaching and before the law enforcement officer leaves, unless the person has contact with the loaded handgun pursuant to and in accordance with directions given by the law enforcement officer;
(5) Knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the motor vehicle is stopped, including, but not limited to, a specific order to the person to keep the person's hands in plain sight.
(F)(1) Divisions (A), (B), (C), and (E) of this section do not apply to any of the following:
(a) An officer, agent, or employee of this or any other state or the United States, or a law enforcement officer, when authorized to carry or have loaded or accessible firearms in motor vehicles and acting within the scope of the officer's, agent's, or employee's duties;
(b) Any person who is employed in this state, who is authorized to carry or have loaded or accessible firearms in motor vehicles, and who is subject to and in compliance with the requirements of section 109.801 of the Revised Code, unless the appointing authority of the person has expressly specified that the exemption provided in division (F)(1)(b) of this section does not apply to the person.
(2) Division (A) of this section does not apply to a person if all of the following circumstances apply:
(a) The person discharges a firearm from a motor vehicle at a coyote or groundhog, the discharge is not during the deer gun hunting season as set by the chief of the division of wildlife of the department of natural resources, and the discharge at the coyote or groundhog, but for the operation of this section, is lawful.
(b) The motor vehicle from which the person discharges the firearm is on real property that is located in an unincorporated area of a township and that either is zoned for agriculture or is used for agriculture.
(c) The person owns the real property described in division (F)(2)(b) of this section, is the spouse or a child of another person who owns that real property, is a tenant of another person who owns that real property, or is the spouse or a child of a tenant of another person who owns that real property.
(d) The person does not discharge the firearm in any of the following manners:
(i) While under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse;
(ii) In the direction of a street, highway, or other public or private property used by the public for vehicular traffic or parking;
(iii) At or into an occupied structure that is a permanent or temporary habitation;
(iv) In the commission of any violation of law, including, but not limited to, a felony that includes, as an essential element, purposely or knowingly causing or attempting to cause the death of or physical harm to another and that was committed by discharging a firearm from a motor vehicle.
(3) Division (A) of this section does not apply to a person if all of the following apply:
(a) The person possesses a valid all-purpose vehicle permit issued under section 1533.103 of the Revised Code by the chief of the division of wildlife.
(b) The person discharges a firearm at a wild quadruped or game bird as defined in section 1531.01 of the Revised Code during the open hunting season for the applicable wild quadruped or game bird.
(c) The person discharges a firearm from a stationary all-purpose vehicle as defined in section 1531.01 of the Revised Code from private or publicly owned lands or from a motor vehicle that is parked on a road that is owned or administered by the division of wildlife.
(d) The person does not discharge the firearm in any of the following manners:
(i) While under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse;
(ii) In the direction of a street, a highway, or other public or private property that is used by the public for vehicular traffic or parking;
(iii) At or into an occupied structure that is a permanent or temporary habitation;
(iv) In the commission of any violation of law, including, but not limited to, a felony that includes, as an essential element, purposely or knowingly causing or attempting to cause the death of or physical harm to another and that was committed by discharging a firearm from a motor vehicle.
(4) Divisions (B) and (C) of this section do not apply to a person if all of the following circumstances apply:
(a) At the time of the alleged violation of either of those divisions, the person is the operator of or a passenger in a motor vehicle.
(b) The motor vehicle is on real property that is located in an unincorporated area of a township and that either is zoned for agriculture or is used for agriculture.
(c) The person owns the real property described in division (D)(4)(b) of this section, is the spouse or a child of another person who owns that real property, is a tenant of another person who owns that real property, or is the spouse or a child of a tenant of another person who owns that real property.
(d) The person, prior to arriving at the real property described in division (D)(4)(b) of this section, did not transport or possess a firearm in the motor vehicle in a manner prohibited by division (B) or (C) of this section while the motor vehicle was being operated on a street, highway, or other public or private property used by the public for vehicular traffic or parking.
(5) Divisions (B) and (C) of this section do not apply to a person who transports or possesses a handgun in a motor vehicle if, at the time of that transportation or possession, both of the following apply:
(a) The person transporting or possessing the handgun is either carrying a valid concealed handgun license or is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of section 2923.125 of the Revised Code.
(b) The person transporting or possessing the handgun is not knowingly in a place described in division (B) of section 2923.126 of the Revised Code.
(6) Divisions (B) and (C) of this section do not apply to a person if all of the following apply:
(a) The person possesses a valid all-purpose vehicle permit issued under section 1533.103 of the Revised Code by the chief of the division of wildlife.
(b) The person is on or in an all-purpose vehicle as defined in section 1531.01 of the Revised Code or a motor vehicle during the open hunting season for a wild quadruped or game bird.
(c) The person is on or in an all-purpose vehicle as defined in section 1531.01 of the Revised Code on private or publicly owned lands or on or in a motor vehicle that is parked on a road that is owned or administered by the division of wildlife.
(7) Nothing in this section prohibits or restricts a person from possessing, storing, or leaving a firearm in a locked motor vehicle that is parked in the state underground parking garage at the state capitol building or in the parking garage at the Riffe center for government and the arts in Columbus, if the person's transportation and possession of the firearm in the motor vehicle while traveling to the premises or facility was not in violation of division (A), (B), (C), (D), or (E) of this section or any other provision of the Revised Code.
(G)(1) The affirmative defenses authorized in divisions (D)(1) and (2) of section 2923.12 of the Revised Code are affirmative defenses to a charge under division (B) or (C) of this section that involves a firearm other than a handgun.
(2) It is an affirmative defense to a charge under division (B) or (C) of this section of improperly handling firearms in a motor vehicle that the actor transported or had the firearm in the motor vehicle for any lawful purpose and while the motor vehicle was on the actor's own property, provided that this affirmative defense is not available unless the person, immediately prior to arriving at the actor's own property, did not transport or possess the firearm in a motor vehicle in a manner prohibited by division (B) or (C) of this section while the motor vehicle was being operated on a street, highway, or other public or private property used by the public for vehicular traffic.
(H)(1) No person who is charged with a violation of division (B), (C), or (D) of this section shall be required to obtain a concealed handgun license as a condition for the dismissal of the charge.
(2)(a)
If a person is convicted of, was convicted of, pleads guilty to, or
has pleaded guilty to a violation of division (E) of this section as
it existed prior to September 30, 2011, and if the conduct that was
the basis of the violation no longer would be a violation of division
(E) of this section on or after September 30, 2011, the person may
file an application under section 2953.37
2953.35
of
the Revised Code requesting the expungement of the record of
conviction.
If
a person is convicted of, was convicted of, pleads guilty to, or has
pleaded guilty to a violation of division (B) or (C) of this section
as the division existed prior to September 30, 2011, and if the
conduct that was the basis of the violation no longer would be a
violation of division (B) or (C) of this section on or after
September 30, 2011, due to the application of division (F)(5) of this
section as it exists on and after September 30, 2011, the person may
file an application under section 2953.37
2953.35
of
the Revised Code requesting the expungement of the record of
conviction.
(b)
The attorney general shall develop a public media advisory that
summarizes the expungement procedure established under section
2953.37
2953.35
of
the Revised Code and the offenders identified in division (H)(2)(a)
of this section who are authorized to apply for the expungement.
Within thirty days after September 30, 2011, the attorney general
shall provide a copy of the advisory to each daily newspaper
published in this state and each television station that broadcasts
in this state. The attorney general may provide the advisory in a
tangible form, an electronic form, or in both tangible and electronic
forms.
(I) Whoever violates this section is guilty of improperly handling firearms in a motor vehicle. Violation of division (A) of this section is a felony of the fourth degree. Violation of division (C) of this section is a misdemeanor of the fourth degree. A violation of division (D) of this section is a felony of the fifth degree or, if the loaded handgun is concealed on the person's person, a felony of the fourth degree. Except as otherwise provided in this division, a violation of division (E)(1) or (2) of this section is a misdemeanor of the first degree, and, in addition to any other penalty or sanction imposed for the violation, the offender's concealed handgun license shall be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code. If at the time of the stop of the offender for a traffic stop, for another law enforcement purpose, or for a purpose defined in section 5503.34 of the Revised Code that was the basis of the violation any law enforcement officer involved with the stop or the employee of the motor carrier enforcement unit who made the stop had actual knowledge of the offender's status as a licensee, a violation of division (E)(1) or (2) of this section is a minor misdemeanor, and the offender's concealed handgun license shall not be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code. A violation of division (E)(4) of this section is a felony of the fifth degree. A violation of division (E)(3) or (5) of this section is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to a violation of division (E)(3) or (5) of this section, a felony of the fifth degree. In addition to any other penalty or sanction imposed for a misdemeanor violation of division (E)(3) or (5) of this section, the offender's concealed handgun license shall be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code. A violation of division (B) of this section is a felony of the fourth degree.
(J) If a law enforcement officer stops a motor vehicle for a traffic stop or any other purpose, if any person in the motor vehicle surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop. If a court orders a law enforcement officer to return a firearm to a person pursuant to the requirement set forth in this division, division (B) of section 2923.163 of the Revised Code applies.
(K) As used in this section:
(1) "Motor vehicle," "street," and "highway" have the same meanings as in section 4511.01 of the Revised Code.
(2) "Occupied structure" has the same meaning as in section 2909.01 of the Revised Code.
(3) "Agriculture" has the same meaning as in section 519.01 of the Revised Code.
(4) "Tenant" has the same meaning as in section 1531.01 of the Revised Code.
(5)(a) "Unloaded" means, with respect to a firearm other than a firearm described in division (K)(6) of this section, that no ammunition is in the firearm in question, no magazine or speed loader containing ammunition is inserted into the firearm in question, and one of the following applies:
(i) There is no ammunition in a magazine or speed loader that is in the vehicle in question and that may be used with the firearm in question.
(ii) Any magazine or speed loader that contains ammunition and that may be used with the firearm in question is stored in a compartment within the vehicle in question that cannot be accessed without leaving the vehicle or is stored in a container that provides complete and separate enclosure.
(b) For the purposes of division (K)(5)(a)(ii) of this section, a "container that provides complete and separate enclosure" includes, but is not limited to, any of the following:
(i) A package, box, or case with multiple compartments, as long as the loaded magazine or speed loader and the firearm in question either are in separate compartments within the package, box, or case, or, if they are in the same compartment, the magazine or speed loader is contained within a separate enclosure in that compartment that does not contain the firearm and that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents or the firearm is contained within a separate enclosure of that nature in that compartment that does not contain the magazine or speed loader;
(ii) A pocket or other enclosure on the person of the person in question that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents.
(c) For the purposes of divisions (K)(5)(a) and (b) of this section, ammunition held in stripper-clips or in en-bloc clips is not considered ammunition that is loaded into a magazine or speed loader.
(6) "Unloaded" means, with respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, when the weapon is uncapped or when the priming charge is removed from the pan.
(7) "Commercial motor vehicle" has the same meaning as in division (A) of section 4506.25 of the Revised Code.
(8) "Motor carrier enforcement unit" means the motor carrier enforcement unit in the department of public safety, division of state highway patrol, that is created by section 5503.34 of the Revised Code.
(L) Divisions (K)(5)(a) and (b) of this section do not affect the authority of a person who is carrying a valid concealed handgun license to have one or more magazines or speed loaders containing ammunition anywhere in a vehicle, without being transported as described in those divisions, as long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any other provision of this chapter. A person who is carrying a valid concealed handgun license may have one or more magazines or speed loaders containing ammunition anywhere in a vehicle without further restriction, as long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any provision of this chapter.
Sec.
2925.04. (A)(A)(1)
No
person shall knowingly cultivate
do
either of the following:
(a)
Cultivate marihuana
or
knowingly manufacture;
(b) Manufacture or otherwise engage in any part of the production of a controlled substance.
(2) Notwithstanding anything to the contrary in section 2941.25 of the Revised Code, a person who is found guilty of violating division (A)(2) of this section shall not also be found guilty of violating division (A) of section 2925.061 of the Revised Code if both charges involve the same chemicals.
(B) This section does not apply to any person listed in division (B)(1), (2), or (3) of section 2925.03 of the Revised Code to the extent and under the circumstances described in those divisions.
(C)(1) Whoever commits a violation of division (A) of this section that involves any drug other than marihuana is guilty of illegal manufacture of drugs, and whoever commits a violation of division (A) of this section that involves marihuana is guilty of illegal cultivation of marihuana.
(2) Except as otherwise provided in this division, if the drug involved in the violation of division (A) of this section is any compound, mixture, preparation, or substance included in schedule I or II, with the exception of methamphetamine or marihuana, illegal manufacture of drugs is a felony of the second degree, and, subject to division (E) of this section, the court shall impose as a mandatory prison term a second degree felony mandatory prison term.
If the drug involved in the violation is any compound, mixture, preparation, or substance included in schedule I or II, with the exception of methamphetamine or marihuana, and if the offense was committed in the vicinity of a juvenile or in the vicinity of a school, illegal manufacture of drugs is a felony of the first degree, and, subject to division (E) of this section, the court shall impose as a mandatory prison term a first degree felony mandatory prison term.
(3) If the drug involved in the violation of division (A) of this section is methamphetamine, the penalty for the violation shall be determined as follows:
(a) Except as otherwise provided in division (C)(3)(b) of this section, if the drug involved in the violation is methamphetamine, illegal manufacture of drugs is a felony of the second degree, and, subject to division (E) of this section, the court shall impose a mandatory prison term on the offender determined in accordance with this division. Except as otherwise provided in this division, the court shall impose as a mandatory prison term a second degree felony mandatory prison term that is not less than three years. If the offender previously has been convicted of or pleaded guilty to a violation of division (A) of this section, a violation of division (B)(6) of section 2919.22 of the Revised Code, or a violation of division (A) of section 2925.041 of the Revised Code, the court shall impose as a mandatory prison term a second degree felony mandatory prison term that is not less than five years.
(b) If the drug involved in the violation is methamphetamine and if the offense was committed in the vicinity of a juvenile, in the vicinity of a school, or on public premises, illegal manufacture of drugs is a felony of the first degree, and, subject to division (E) of this section, the court shall impose a mandatory prison term on the offender determined in accordance with this division. Except as otherwise provided in this division, the court shall impose as a mandatory prison term a first degree felony mandatory prison term that is not less than four years. If the offender previously has been convicted of or pleaded guilty to a violation of division (A) of this section, a violation of division (B)(6) of section 2919.22 of the Revised Code, or a violation of division (A) of section 2925.041 of the Revised Code, the court shall impose as a mandatory prison term a first degree felony mandatory prison term that is not less than five years.
(4) If the drug involved in the violation of division (A) of this section is any compound, mixture, preparation, or substance included in schedule III, IV, or V, illegal manufacture of drugs is a felony of the third degree or, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a felony of the second degree, and there is a presumption for a prison term for the offense.
(5) If the drug involved in the violation is marihuana, the penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), (c), (d), (e), or (f) of this section, illegal cultivation of marihuana is a minor misdemeanor or, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a misdemeanor of the fourth degree.
(b) If the amount of marihuana involved equals or exceeds one hundred grams but is less than two hundred grams, illegal cultivation of marihuana is a misdemeanor of the fourth degree or, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a misdemeanor of the third degree.
(c) If the amount of marihuana involved equals or exceeds two hundred grams but is less than one thousand grams, illegal cultivation of marihuana is a felony of the fifth degree or, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a felony of the fourth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(d) If the amount of marihuana involved equals or exceeds one thousand grams but is less than five thousand grams, illegal cultivation of marihuana is a felony of the third degree or, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a felony of the second degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(e) If the amount of marihuana involved equals or exceeds five thousand grams but is less than twenty thousand grams, illegal cultivation of marihuana is a felony of the third degree or, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a felony of the second degree, and there is a presumption for a prison term for the offense.
(f) Except as otherwise provided in this division, if the amount of marihuana involved equals or exceeds twenty thousand grams, illegal cultivation of marihuana is a felony of the second degree, and the court shall impose as a mandatory prison term a maximum second degree felony mandatory prison term. If the amount of the drug involved equals or exceeds twenty thousand grams and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, illegal cultivation of marihuana is a felony of the first degree, and the court shall impose as a mandatory prison term a maximum first degree felony mandatory prison term.
(D) In addition to any prison term authorized or required by division (C) or (E) of this section and sections 2929.13 and 2929.14 of the Revised Code and in addition to any other sanction imposed for the offense under this section or sections 2929.11 to 2929.18 of the Revised Code, the court that sentences an offender who is convicted of or pleads guilty to a violation of division (A) of this section may suspend the offender's driver's or commercial driver's license or permit in accordance with division (G) of section 2925.03 of the Revised Code. However, if the offender pleaded guilty to or was convicted of a violation of section 4511.19 of the Revised Code or a substantially similar municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender's driver's or commercial driver's license or permit in accordance with division (G) of section 2925.03 of the Revised Code. If applicable, the court also shall do the following:
(1) If the violation of division (A) of this section is a felony of the first, second, or third degree, the court shall impose upon the offender the mandatory fine specified for the offense under division (B)(1) of section 2929.18 of the Revised Code unless, as specified in that division, the court determines that the offender is indigent. The clerk of the court shall pay a mandatory fine or other fine imposed for a violation of this section pursuant to division (A) of section 2929.18 of the Revised Code in accordance with and subject to the requirements of division (F) of section 2925.03 of the Revised Code. The agency that receives the fine shall use the fine as specified in division (F) of section 2925.03 of the Revised Code. If a person is charged with a violation of this section that is a felony of the first, second, or third degree, posts bail, and forfeits the bail, the clerk shall pay the forfeited bail as if the forfeited bail were a fine imposed for a violation of this section.
(2) If the offender is a professionally licensed person, the court immediately shall comply with section 2925.38 of the Revised Code.
(E) Notwithstanding the prison term otherwise authorized or required for the offense under division (C) of this section and sections 2929.13 and 2929.14 of the Revised Code, if the violation of division (A) of this section involves the sale, offer to sell, or possession of a schedule I or II controlled substance, with the exception of marihuana, and if the court imposing sentence upon the offender finds that the offender as a result of the violation is a major drug offender and is guilty of a specification of the type described in division (A) of section 2941.1410 of the Revised Code, the court, in lieu of the prison term otherwise authorized or required, shall impose upon the offender the mandatory prison term specified in division (B)(3) of section 2929.14 of the Revised Code.
(F) It is an affirmative defense, as provided in section 2901.05 of the Revised Code, to a charge under this section for a fifth degree felony violation of illegal cultivation of marihuana that the marihuana that gave rise to the charge is in an amount, is in a form, is prepared, compounded, or mixed with substances that are not controlled substances in a manner, or is possessed or cultivated under any other circumstances that indicate that the marihuana was solely for personal use.
Notwithstanding any contrary provision of division (F) of this section, if, in accordance with section 2901.05 of the Revised Code, a person who is charged with a violation of illegal cultivation of marihuana that is a felony of the fifth degree sustains the burden of going forward with evidence of and establishes by a preponderance of the evidence the affirmative defense described in this division, the person may be prosecuted for and may be convicted of or plead guilty to a misdemeanor violation of illegal cultivation of marihuana.
(G) Arrest or conviction for a minor misdemeanor violation of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries about the person's criminal record, including any inquiries contained in an application for employment, a license, or any other right or privilege or made in connection with the person's appearance as a witness.
(H)(1) If the sentencing court suspends the offender's driver's or commercial driver's license or permit under this section in accordance with division (G) of section 2925.03 of the Revised Code, the offender may request termination of, and the court may terminate, the suspension of the offender in accordance with that division.
(2) Any offender who received a mandatory suspension of the offender's driver's or commercial driver's license or permit under this section prior to September 13, 2016, may file a motion with the sentencing court requesting the termination of the suspension. However, an offender who pleaded guilty to or was convicted of a violation of section 4511.19 of the Revised Code or a substantially similar municipal ordinance or law of another state or the United States that arose out of the same set of circumstances as the violation for which the offender's license or permit was suspended under this section shall not file such a motion.
Upon the filing of a motion under division (H)(2) of this section, the sentencing court, in its discretion, may terminate the suspension.
Sec. 2925.11. (A) No person shall knowingly obtain, possess, or use a controlled substance or a controlled substance analog.
(B)(1) This section does not apply to any of the following:
(a) Manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies, and other persons whose conduct was in accordance with Chapters 3719., 4715., 4723., 4729., 4730., 4731., and 4741. of the Revised Code;
(b) If the offense involves an anabolic steroid, any person who is conducting or participating in a research project involving the use of an anabolic steroid if the project has been approved by the United States food and drug administration;
(c) Any person who sells, offers for sale, prescribes, dispenses, or administers for livestock or other nonhuman species an anabolic steroid that is expressly intended for administration through implants to livestock or other nonhuman species and approved for that purpose under the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, and is sold, offered for sale, prescribed, dispensed, or administered for that purpose in accordance with that act;
(d) Any person who obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs if the prescription was issued for a legitimate medical purpose and not altered, forged, or obtained through deception or commission of a theft offense.
As used in division (B)(1)(d) of this section, "deception" and "theft offense" have the same meanings as in section 2913.01 of the Revised Code.
(2)(a) As used in division (B)(2) of this section:
(i) "Community addiction services provider" has the same meaning as in section 5119.01 of the Revised Code.
(ii) "Community control sanction" and "drug treatment program" have the same meanings as in section 2929.01 of the Revised Code.
(iii) "Health care facility" has the same meaning as in section 2919.16 of the Revised Code.
(iv) "Minor drug possession offense" means a violation of this section that is a misdemeanor or a felony of the fifth degree.
(v) "Post-release control sanction" has the same meaning as in section 2967.28 of the Revised Code.
(vi) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
(vii) "Public agency" has the same meaning as in section 2930.01 of the Revised Code.
(viii) "Qualified individual" means a person who is not on community control or post-release control and is a person acting in good faith who seeks or obtains medical assistance for another person who is experiencing a drug overdose, a person who experiences a drug overdose and who seeks medical assistance for that overdose, or a person who is the subject of another person seeking or obtaining medical assistance for that overdose as described in division (B)(2)(b) of this section.
(ix) "Seek or obtain medical assistance" includes, but is not limited to making a 9-1-1 call, contacting in person or by telephone call an on-duty peace officer, or transporting or presenting a person to a health care facility.
(b) Subject to division (B)(2)(f) of this section, a qualified individual shall not be arrested, charged, prosecuted, convicted, or penalized pursuant to this chapter for a minor drug possession offense or a violation of section 2925.12, division (C)(1) of section 2925.14, or section 2925.141 of the Revised Code if all of the following apply:
(i) The evidence of the obtaining, possession, or use of the controlled substance or controlled substance analog, drug abuse instruments, or drug paraphernalia that would be the basis of the offense was obtained as a result of the qualified individual seeking the medical assistance or experiencing an overdose and needing medical assistance.
(ii) Subject to division (B)(2)(g) of this section, within thirty days after seeking or obtaining the medical assistance, the qualified individual seeks and obtains a screening and receives a referral for treatment from a community addiction services provider or a properly credentialed addiction treatment professional.
(iii) Subject to division (B)(2)(g) of this section, the qualified individual who obtains a screening and receives a referral for treatment under division (B)(2)(b)(ii) of this section, upon the request of any prosecuting attorney, submits documentation to the prosecuting attorney that verifies that the qualified individual satisfied the requirements of that division. The documentation shall be limited to the date and time of the screening obtained and referral received.
(c) If a person is found to be in violation of any community control sanction and if the violation is a result of either of the following, the court shall first consider ordering the person's participation or continued participation in a drug treatment program or mitigating the penalty specified in section 2929.13, 2929.15, or 2929.25 of the Revised Code, whichever is applicable, after which the court has the discretion either to order the person's participation or continued participation in a drug treatment program or to impose the penalty with the mitigating factor specified in any of those applicable sections:
(i) Seeking or obtaining medical assistance in good faith for another person who is experiencing a drug overdose;
(ii) Experiencing a drug overdose and seeking medical assistance for that overdose or being the subject of another person seeking or obtaining medical assistance for that overdose as described in division (B)(2)(b) of this section.
(d) If a person is found to be in violation of any post-release control sanction and if the violation is a result of either of the following, the court or the parole board shall first consider ordering the person's participation or continued participation in a drug treatment program or mitigating the penalty specified in section 2929.141 or 2967.28 of the Revised Code, whichever is applicable, after which the court or the parole board has the discretion either to order the person's participation or continued participation in a drug treatment program or to impose the penalty with the mitigating factor specified in either of those applicable sections:
(i) Seeking or obtaining medical assistance in good faith for another person who is experiencing a drug overdose;
(ii) Experiencing a drug overdose and seeking medical assistance for that emergency or being the subject of another person seeking or obtaining medical assistance for that overdose as described in division (B)(2)(b) of this section.
(e) Nothing in division (B)(2)(b) of this section shall be construed to do any of the following:
(i)
Limit the admissibility of any evidence in connection with the
investigation or prosecution of a crime with regards to a defendant
who does not qualify for the protections of division (B)(2)(b) of
this section or with regards to any crime other than a minor drug
possession offense or
a violation of section 2925.12, division (C)(1) of section 2925.14,
or section 2925.141 of the Revised Code committed
by a person who qualifies for protection pursuant to division
(B)(2)(b) of this section
for
a minor drug possession offense;
(ii) Limit any seizure of evidence or contraband otherwise permitted by law;
(iii) Limit or abridge the authority of a peace officer to detain or take into custody a person in the course of an investigation or to effectuate an arrest for any offense except as provided in that division;
(iv) Limit, modify, or remove any immunity from liability available pursuant to law in effect prior to September 13, 2016, to any public agency or to an employee of any public agency.
(f) Division (B)(2)(b) of this section does not apply to any person who twice previously has been granted an immunity under division (B)(2)(b) of this section. No person shall be granted an immunity under division (B)(2)(b) of this section more than two times.
(g) Nothing in this section shall compel any qualified individual to disclose protected health information in a way that conflicts with the requirements of the "Health Insurance Portability and Accountability Act of 1996," 104 Pub. L. No. 191, 110 Stat. 2021, 42 U.S.C. 1320d et seq., as amended, and regulations promulgated by the United States department of health and human services to implement the act or the requirements of 42 C.F.R. Part 2.
(C) Whoever violates division (A) of this section is guilty of one of the following:
(1) If the drug involved in the violation is a compound, mixture, preparation, or substance included in schedule I or II, with the exception of marihuana, cocaine, L.S.D., heroin, any fentanyl-related compound, hashish, and any controlled substance analog, whoever violates division (A) of this section is guilty of aggravated possession of drugs. The penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(1)(b), (c), (d), or (e) of this section, aggravated possession of drugs is a felony of the fifth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(b) If the amount of the drug involved equals or exceeds the bulk amount but is less than five times the bulk amount, aggravated possession of drugs is a felony of the third degree, and there is a presumption for a prison term for the offense.
(c) If the amount of the drug involved equals or exceeds five times the bulk amount but is less than fifty times the bulk amount, aggravated possession of drugs is a felony of the second degree, and the court shall impose as a mandatory prison term a second degree felony mandatory prison term.
(d) If the amount of the drug involved equals or exceeds fifty times the bulk amount but is less than one hundred times the bulk amount, aggravated possession of drugs is a felony of the first degree, and the court shall impose as a mandatory prison term a first degree felony mandatory prison term.
(e) If the amount of the drug involved equals or exceeds one hundred times the bulk amount, aggravated possession of drugs is a felony of the first degree, the offender is a major drug offender, and the court shall impose as a mandatory prison term a maximum first degree felony mandatory prison term.
(2) If the drug involved in the violation is a compound, mixture, preparation, or substance included in schedule III, IV, or V, whoever violates division (A) of this section is guilty of possession of drugs. The penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(2)(b), (c), or (d) of this section, possession of drugs is a misdemeanor of the first degree or, if the offender previously has been convicted of a drug abuse offense, a felony of the fifth degree.
(b) If the amount of the drug involved equals or exceeds the bulk amount but is less than five times the bulk amount, possession of drugs is a felony of the fourth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(c) If the amount of the drug involved equals or exceeds five times the bulk amount but is less than fifty times the bulk amount, possession of drugs is a felony of the third degree, and there is a presumption for a prison term for the offense.
(d) If the amount of the drug involved equals or exceeds fifty times the bulk amount, possession of drugs is a felony of the second degree, and the court shall impose upon the offender as a mandatory prison term a second degree felony mandatory prison term.
(3) If the drug involved in the violation is marihuana or a compound, mixture, preparation, or substance containing marihuana other than hashish, whoever violates division (A) of this section is guilty of possession of marihuana. The penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(3)(b), (c), (d), (e), (f), or (g) of this section, possession of marihuana is a minor misdemeanor.
(b) If the amount of the drug involved equals or exceeds one hundred grams but is less than two hundred grams, possession of marihuana is a misdemeanor of the fourth degree.
(c) If the amount of the drug involved equals or exceeds two hundred grams but is less than one thousand grams, possession of marihuana is a felony of the fifth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(d) If the amount of the drug involved equals or exceeds one thousand grams but is less than five thousand grams, possession of marihuana is a felony of the third degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(e) If the amount of the drug involved equals or exceeds five thousand grams but is less than twenty thousand grams, possession of marihuana is a felony of the third degree, and there is a presumption that a prison term shall be imposed for the offense.
(f) If the amount of the drug involved equals or exceeds twenty thousand grams but is less than forty thousand grams, possession of marihuana is a felony of the second degree, and the court shall impose as a mandatory prison term a second degree felony mandatory prison term of five, six, seven, or eight years.
(g) If the amount of the drug involved equals or exceeds forty thousand grams, possession of marihuana is a felony of the second degree, and the court shall impose as a mandatory prison term a maximum second degree felony mandatory prison term.
(4) If the drug involved in the violation is cocaine or a compound, mixture, preparation, or substance containing cocaine, whoever violates division (A) of this section is guilty of possession of cocaine. The penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(4)(b), (c), (d), (e), or (f) of this section, possession of cocaine is a felony of the fifth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(b) If the amount of the drug involved equals or exceeds five grams but is less than ten grams of cocaine, possession of cocaine is a felony of the fourth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(c) If the amount of the drug involved equals or exceeds ten grams but is less than twenty grams of cocaine, possession of cocaine is a felony of the third degree, and, except as otherwise provided in this division, there is a presumption for a prison term for the offense. If possession of cocaine is a felony of the third degree under this division and if the offender two or more times previously has been convicted of or pleaded guilty to a felony drug abuse offense, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the third degree.
(d) If the amount of the drug involved equals or exceeds twenty grams but is less than twenty-seven grams of cocaine, possession of cocaine is a felony of the second degree, and the court shall impose as a mandatory prison term a second degree felony mandatory prison term.
(e) If the amount of the drug involved equals or exceeds twenty-seven grams but is less than one hundred grams of cocaine, possession of cocaine is a felony of the first degree, and the court shall impose as a mandatory prison term a first degree felony mandatory prison term.
(f) If the amount of the drug involved equals or exceeds one hundred grams of cocaine, possession of cocaine is a felony of the first degree, the offender is a major drug offender, and the court shall impose as a mandatory prison term a maximum first degree felony mandatory prison term.
(5) If the drug involved in the violation is L.S.D., whoever violates division (A) of this section is guilty of possession of L.S.D. The penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), (c), (d), (e), or (f) of this section, possession of L.S.D. is a felony of the fifth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(b) If the amount of L.S.D. involved equals or exceeds ten unit doses but is less than fifty unit doses of L.S.D. in a solid form or equals or exceeds one gram but is less than five grams of L.S.D. in a liquid concentrate, liquid extract, or liquid distillate form, possession of L.S.D. is a felony of the fourth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(c) If the amount of L.S.D. involved equals or exceeds fifty unit doses, but is less than two hundred fifty unit doses of L.S.D. in a solid form or equals or exceeds five grams but is less than twenty-five grams of L.S.D. in a liquid concentrate, liquid extract, or liquid distillate form, possession of L.S.D. is a felony of the third degree, and there is a presumption for a prison term for the offense.
(d) If the amount of L.S.D. involved equals or exceeds two hundred fifty unit doses but is less than one thousand unit doses of L.S.D. in a solid form or equals or exceeds twenty-five grams but is less than one hundred grams of L.S.D. in a liquid concentrate, liquid extract, or liquid distillate form, possession of L.S.D. is a felony of the second degree, and the court shall impose as a mandatory prison term a second degree felony mandatory prison term.
(e) If the amount of L.S.D. involved equals or exceeds one thousand unit doses but is less than five thousand unit doses of L.S.D. in a solid form or equals or exceeds one hundred grams but is less than five hundred grams of L.S.D. in a liquid concentrate, liquid extract, or liquid distillate form, possession of L.S.D. is a felony of the first degree, and the court shall impose as a mandatory prison term a first degree felony mandatory prison term.
(f) If the amount of L.S.D. involved equals or exceeds five thousand unit doses of L.S.D. in a solid form or equals or exceeds five hundred grams of L.S.D. in a liquid concentrate, liquid extract, or liquid distillate form, possession of L.S.D. is a felony of the first degree, the offender is a major drug offender, and the court shall impose as a mandatory prison term a maximum first degree felony mandatory prison term.
(6) If the drug involved in the violation is heroin or a compound, mixture, preparation, or substance containing heroin, whoever violates division (A) of this section is guilty of possession of heroin. The penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(6)(b), (c), (d), (e), or (f) of this section, possession of heroin is a felony of the fifth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(b) If the amount of the drug involved equals or exceeds ten unit doses but is less than fifty unit doses or equals or exceeds one gram but is less than five grams, possession of heroin is a felony of the fourth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(c) If the amount of the drug involved equals or exceeds fifty unit doses but is less than one hundred unit doses or equals or exceeds five grams but is less than ten grams, possession of heroin is a felony of the third degree, and there is a presumption for a prison term for the offense.
(d) If the amount of the drug involved equals or exceeds one hundred unit doses but is less than five hundred unit doses or equals or exceeds ten grams but is less than fifty grams, possession of heroin is a felony of the second degree, and the court shall impose as a mandatory prison term a second degree felony mandatory prison term.
(e) If the amount of the drug involved equals or exceeds five hundred unit doses but is less than one thousand unit doses or equals or exceeds fifty grams but is less than one hundred grams, possession of heroin is a felony of the first degree, and the court shall impose as a mandatory prison term a first degree felony mandatory prison term.
(f) If the amount of the drug involved equals or exceeds one thousand unit doses or equals or exceeds one hundred grams, possession of heroin is a felony of the first degree, the offender is a major drug offender, and the court shall impose as a mandatory prison term a maximum first degree felony mandatory prison term.
(7) If the drug involved in the violation is hashish or a compound, mixture, preparation, or substance containing hashish, whoever violates division (A) of this section is guilty of possession of hashish. The penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(7)(b), (c), (d), (e), (f), or (g) of this section, possession of hashish is a minor misdemeanor.
(b) If the amount of the drug involved equals or exceeds five grams but is less than ten grams of hashish in a solid form or equals or exceeds one gram but is less than two grams of hashish in a liquid concentrate, liquid extract, or liquid distillate form, possession of hashish is a misdemeanor of the fourth degree.
(c) If the amount of the drug involved equals or exceeds ten grams but is less than fifty grams of hashish in a solid form or equals or exceeds two grams but is less than ten grams of hashish in a liquid concentrate, liquid extract, or liquid distillate form, possession of hashish is a felony of the fifth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(d) If the amount of the drug involved equals or exceeds fifty grams but is less than two hundred fifty grams of hashish in a solid form or equals or exceeds ten grams but is less than fifty grams of hashish in a liquid concentrate, liquid extract, or liquid distillate form, possession of hashish is a felony of the third degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(e) If the amount of the drug involved equals or exceeds two hundred fifty grams but is less than one thousand grams of hashish in a solid form or equals or exceeds fifty grams but is less than two hundred grams of hashish in a liquid concentrate, liquid extract, or liquid distillate form, possession of hashish is a felony of the third degree, and there is a presumption that a prison term shall be imposed for the offense.
(f) If the amount of the drug involved equals or exceeds one thousand grams but is less than two thousand grams of hashish in a solid form or equals or exceeds two hundred grams but is less than four hundred grams of hashish in a liquid concentrate, liquid extract, or liquid distillate form, possession of hashish is a felony of the second degree, and the court shall impose as a mandatory prison term a second degree felony mandatory prison term of five, six, seven, or eight years.
(g) If the amount of the drug involved equals or exceeds two thousand grams of hashish in a solid form or equals or exceeds four hundred grams of hashish in a liquid concentrate, liquid extract, or liquid distillate form, possession of hashish is a felony of the second degree, and the court shall impose as a mandatory prison term a maximum second degree felony mandatory prison term.
(8) If the drug involved is a controlled substance analog or compound, mixture, preparation, or substance that contains a controlled substance analog, whoever violates division (A) of this section is guilty of possession of a controlled substance analog. The penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(8)(b), (c), (d), (e), or (f) of this section, possession of a controlled substance analog is a felony of the fifth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(b) If the amount of the drug involved equals or exceeds ten grams but is less than twenty grams, possession of a controlled substance analog is a felony of the fourth degree, and there is a presumption for a prison term for the offense.
(c) If the amount of the drug involved equals or exceeds twenty grams but is less than thirty grams, possession of a controlled substance analog is a felony of the third degree, and there is a presumption for a prison term for the offense.
(d) If the amount of the drug involved equals or exceeds thirty grams but is less than forty grams, possession of a controlled substance analog is a felony of the second degree, and the court shall impose as a mandatory prison term a second degree felony mandatory prison term.
(e) If the amount of the drug involved equals or exceeds forty grams but is less than fifty grams, possession of a controlled substance analog is a felony of the first degree, and the court shall impose as a mandatory prison term a first degree felony mandatory prison term.
(f) If the amount of the drug involved equals or exceeds fifty grams, possession of a controlled substance analog is a felony of the first degree, the offender is a major drug offender, and the court shall impose as a mandatory prison term a maximum first degree felony mandatory prison term.
(9) If the drug involved in the violation is a compound, mixture, preparation, or substance that is a combination of a fentanyl-related compound and marihuana, one of the following applies:
(a) Except as otherwise provided in division (C)(9)(b) of this section, the offender is guilty of possession of marihuana and shall be punished as provided in division (C)(3) of this section. Except as otherwise provided in division (C)(9)(b) of this section, the offender is not guilty of possession of a fentanyl-related compound under division (C)(11) of this section and shall not be charged with, convicted of, or punished under division (C)(11) of this section for possession of a fentanyl-related compound.
(b) If the offender knows or has reason to know that the compound, mixture, preparation, or substance that is the drug involved contains a fentanyl-related compound, the offender is guilty of possession of a fentanyl-related compound and shall be punished under division (C)(11) of this section.
(10) If the drug involved in the violation is a compound, mixture, preparation, or substance that is a combination of a fentanyl-related compound and any schedule III, schedule IV, or schedule V controlled substance that is not a fentanyl-related compound, one of the following applies:
(a) Except as otherwise provided in division (C)(10)(b) of this section, the offender is guilty of possession of drugs and shall be punished as provided in division (C)(2) of this section. Except as otherwise provided in division (C)(10)(b) of this section, the offender is not guilty of possession of a fentanyl-related compound under division (C)(11) of this section and shall not be charged with, convicted of, or punished under division (C)(11) of this section for possession of a fentanyl-related compound.
(b) If the offender knows or has reason to know that the compound, mixture, preparation, or substance that is the drug involved contains a fentanyl-related compound, the offender is guilty of possession of a fentanyl-related compound and shall be punished under division (C)(11) of this section.
(11) If the drug involved in the violation is a fentanyl-related compound and neither division (C)(9)(a) nor division (C)(10)(a) of this section applies to the drug involved, or is a compound, mixture, preparation, or substance that contains a fentanyl-related compound or is a combination of a fentanyl-related compound and any other controlled substance and neither division (C)(9)(a) nor division (C)(10)(a) of this section applies to the drug involved, whoever violates division (A) of this section is guilty of possession of a fentanyl-related compound. The penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(11)(b), (c), (d), (e), (f), or (g) of this section, possession of a fentanyl-related compound is a felony of the fifth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(b) If the amount of the drug involved equals or exceeds ten unit doses but is less than fifty unit doses or equals or exceeds one gram but is less than five grams, possession of a fentanyl-related compound is a felony of the fourth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(c) If the amount of the drug involved equals or exceeds fifty unit doses but is less than one hundred unit doses or equals or exceeds five grams but is less than ten grams, possession of a fentanyl-related compound is a felony of the third degree, and there is a presumption for a prison term for the offense.
(d) If the amount of the drug involved equals or exceeds one hundred unit doses but is less than two hundred unit doses or equals or exceeds ten grams but is less than twenty grams, possession of a fentanyl-related compound is a felony of the second degree, and the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the second degree.
(e) If the amount of the drug involved equals or exceeds two hundred unit doses but is less than five hundred unit doses or equals or exceeds twenty grams but is less than fifty grams, possession of a fentanyl-related compound is a felony of the first degree, and the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the first degree.
(f) If the amount of the drug involved equals or exceeds five hundred unit doses but is less than one thousand unit doses or equals or exceeds fifty grams but is less than one hundred grams, possession of a fentanyl-related compound is a felony of the first degree, and the court shall impose as a mandatory prison term the maximum prison term prescribed for a felony of the first degree.
(g) If the amount of the drug involved equals or exceeds one thousand unit doses or equals or exceeds one hundred grams, possession of a fentanyl-related compound is a felony of the first degree, the offender is a major drug offender, and the court shall impose as a mandatory prison term the maximum prison term prescribed for a felony of the first degree.
(D) Arrest or conviction for a minor misdemeanor violation of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries about the person's criminal record, including any inquiries contained in any application for employment, license, or other right or privilege, or made in connection with the person's appearance as a witness.
(E) In addition to any prison term or jail term authorized or required by division (C) of this section and sections 2929.13, 2929.14, 2929.22, 2929.24, and 2929.25 of the Revised Code and in addition to any other sanction that is imposed for the offense under this section, sections 2929.11 to 2929.18, or sections 2929.21 to 2929.28 of the Revised Code, the court that sentences an offender who is convicted of or pleads guilty to a violation of division (A) of this section may suspend the offender's driver's or commercial driver's license or permit for not more than five years. However, if the offender pleaded guilty to or was convicted of a violation of section 4511.19 of the Revised Code or a substantially similar municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender's driver's or commercial driver's license or permit for not more than five years. If applicable, the court also shall do the following:
(1)(a) If the violation is a felony of the first, second, or third degree, the court shall impose upon the offender the mandatory fine specified for the offense under division (B)(1) of section 2929.18 of the Revised Code unless, as specified in that division, the court determines that the offender is indigent.
(b) Notwithstanding any contrary provision of section 3719.21 of the Revised Code, the clerk of the court shall pay a mandatory fine or other fine imposed for a violation of this section pursuant to division (A) of section 2929.18 of the Revised Code in accordance with and subject to the requirements of division (F) of section 2925.03 of the Revised Code. The agency that receives the fine shall use the fine as specified in division (F) of section 2925.03 of the Revised Code.
(c) If a person is charged with a violation of this section that is a felony of the first, second, or third degree, posts bail, and forfeits the bail, the clerk shall pay the forfeited bail pursuant to division (E)(1)(b) of this section as if it were a mandatory fine imposed under division (E)(1)(a) of this section.
(2) If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the court immediately shall comply with section 2925.38 of the Revised Code.
(F) It is an affirmative defense, as provided in section 2901.05 of the Revised Code, to a charge of a fourth degree felony violation under this section that the controlled substance that gave rise to the charge is in an amount, is in a form, is prepared, compounded, or mixed with substances that are not controlled substances in a manner, or is possessed under any other circumstances, that indicate that the substance was possessed solely for personal use. Notwithstanding any contrary provision of this section, if, in accordance with section 2901.05 of the Revised Code, an accused who is charged with a fourth degree felony violation of division (C)(2), (4), (5), or (6) of this section sustains the burden of going forward with evidence of and establishes by a preponderance of the evidence the affirmative defense described in this division, the accused may be prosecuted for and may plead guilty to or be convicted of a misdemeanor violation of division (C)(2) of this section or a fifth degree felony violation of division (C)(4), (5), or (6) of this section respectively.
(G) When a person is charged with possessing a bulk amount or multiple of a bulk amount, division (E) of section 2925.03 of the Revised Code applies regarding the determination of the amount of the controlled substance involved at the time of the offense.
(H) It is an affirmative defense to a charge of possession of a controlled substance analog under division (C)(8) of this section that the person charged with violating that offense obtained, possessed, or used one of the following items that are excluded from the meaning of "controlled substance analog" under section 3719.01 of the Revised Code:
(1) A controlled substance;
(2) Any substance for which there is an approved new drug application;
(3) With respect to a particular person, any substance if an exemption is in effect for investigational use for that person pursuant to federal law to the extent that conduct with respect to that substance is pursuant to that exemption.
(I) Any offender who received a mandatory suspension of the offender's driver's or commercial driver's license or permit under this section prior to September 13, 2016, may file a motion with the sentencing court requesting the termination of the suspension. However, an offender who pleaded guilty to or was convicted of a violation of section 4511.19 of the Revised Code or a substantially similar municipal ordinance or law of another state or the United States that arose out of the same set of circumstances as the violation for which the offender's license or permit was suspended under this section shall not file such a motion.
Upon the filing of a motion under division (I) of this section, the sentencing court, in its discretion, may terminate the suspension.
Sec. 2925.12. (A) No person shall knowingly make, obtain, possess, or use any instrument, article, or thing the customary and primary purpose of which is for the administration or use of a dangerous drug, other than marihuana, when the instrument involved is a hypodermic or syringe, whether or not of crude or extemporized manufacture or assembly, and the instrument, article, or thing involved has been used by the offender to unlawfully administer or use a dangerous drug, other than marihuana, or to prepare a dangerous drug, other than marihuana, for unlawful administration or use.
(B)(B)(1)
This
section does not apply to manufacturers, licensed health
professionals authorized to prescribe drugs, pharmacists, owners of
pharmacies, and other persons whose conduct was in accordance with
Chapters 3719., 4715., 4723., 4729., 4730., 4731., and 4741. of the
Revised Code.
(2) Division (B)(2) of section 2925.11 of the Revised Code applies with respect to a violation of this section when a person seeks or obtains medical assistance for another person who is experiencing a drug overdose, a person experiences a drug overdose and seeks medical assistance for that overdose, or a person is the subject of another person seeking or obtaining medical assistance for that overdose.
(C) Whoever violates this section is guilty of possessing drug abuse instruments, a misdemeanor of the second degree. If the offender previously has been convicted of a drug abuse offense, a violation of this section is a misdemeanor of the first degree.
(D)(1) In addition to any other sanction imposed upon an offender for a violation of this section, the court may suspend for not more than five years the offender's driver's or commercial driver's license or permit. However, if the offender pleaded guilty to or was convicted of a violation of section 4511.19 of the Revised Code or a substantially similar municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender's driver's or commercial driver's license or permit for not more than five years. If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the court immediately shall comply with section 2925.38 of the Revised Code.
(2)
Any offender who received a mandatory suspension of the offender's
driver's or commercial driver's license or permit under this section
prior to
the
effective date of this amendment
September
13, 2016,
may
file a motion with the sentencing court requesting the termination of
the suspension. However, an offender who pleaded guilty to or was
convicted of a violation of section 4511.19 of the Revised Code or a
substantially similar municipal ordinance or law of another state or
the United States that arose out of the same set of circumstances as
the violation for which the offender's license or permit was
suspended under this section shall not file such a motion.
Upon the filing of a motion under division (D)(2) of this section, the sentencing court, in its discretion, may terminate the suspension.
Sec. 2925.14. (A) As used in this section, "drug paraphernalia" means any equipment, product, or material of any kind that is used by the offender, intended by the offender for use, or designed for use, in propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body, a controlled substance in violation of this chapter. "Drug paraphernalia" includes, but is not limited to, any of the following equipment, products, or materials that are used by the offender, intended by the offender for use, or designed by the offender for use, in any of the following manners:
(1) A kit for propagating, cultivating, growing, or harvesting any species of a plant that is a controlled substance or from which a controlled substance can be derived;
(2) A kit for manufacturing, compounding, converting, producing, processing, or preparing a controlled substance;
(3) Any object, instrument, or device for manufacturing, compounding, converting, producing, processing, or preparing methamphetamine;
(4) An isomerization device for increasing the potency of any species of a plant that is a controlled substance;
(5) Testing equipment for identifying, or analyzing the strength, effectiveness, or purity of, a controlled substance;
(6) A scale or balance for weighing or measuring a controlled substance;
(7) A diluent or adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose, or lactose, for cutting a controlled substance;
(8) A separation gin or sifter for removing twigs and seeds from, or otherwise cleaning or refining, marihuana;
(9) A blender, bowl, container, spoon, or mixing device for compounding a controlled substance;
(10) A capsule, balloon, envelope, or container for packaging small quantities of a controlled substance;
(11) A container or device for storing or concealing a controlled substance;
(12) A hypodermic syringe, needle, or instrument for parenterally injecting a controlled substance into the human body;
(13) An object, instrument, or device for ingesting, inhaling, or otherwise introducing into the human body, marihuana, cocaine, hashish, or hashish oil, such as a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe, with or without a screen, permanent screen, hashish head, or punctured metal bowl; water pipe; carburetion tube or device; smoking or carburetion mask; roach clip or similar object used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand; miniature cocaine spoon, or cocaine vial; chamber pipe; carburetor pipe; electric pipe; air driver pipe; chillum; bong; or ice pipe or chiller.
(B) In determining if any equipment, product, or material is drug paraphernalia, a court or law enforcement officer shall consider, in addition to other relevant factors, the following:
(1) Any statement by the owner, or by anyone in control, of the equipment, product, or material, concerning its use;
(2) The proximity in time or space of the equipment, product, or material, or of the act relating to the equipment, product, or material, to a violation of any provision of this chapter;
(3) The proximity of the equipment, product, or material to any controlled substance;
(4) The existence of any residue of a controlled substance on the equipment, product, or material;
(5) Direct or circumstantial evidence of the intent of the owner, or of anyone in control, of the equipment, product, or material, to deliver it to any person whom the owner or person in control of the equipment, product, or material knows intends to use the object to facilitate a violation of any provision of this chapter. A finding that the owner, or anyone in control, of the equipment, product, or material, is not guilty of a violation of any other provision of this chapter does not prevent a finding that the equipment, product, or material was intended or designed by the offender for use as drug paraphernalia.
(6) Any oral or written instruction provided with the equipment, product, or material concerning its use;
(7) Any descriptive material accompanying the equipment, product, or material and explaining or depicting its use;
(8) National or local advertising concerning the use of the equipment, product, or material;
(9) The manner and circumstances in which the equipment, product, or material is displayed for sale;
(10) Direct or circumstantial evidence of the ratio of the sales of the equipment, product, or material to the total sales of the business enterprise;
(11) The existence and scope of legitimate uses of the equipment, product, or material in the community;
(12) Expert testimony concerning the use of the equipment, product, or material.
(C)(1)
Subject to division
divisions
(D)(2)
and
(3) of
this section, no person shall knowingly use, or possess with purpose
to use, drug paraphernalia.
(2) No person shall knowingly sell, or possess or manufacture with purpose to sell, drug paraphernalia, if the person knows or reasonably should know that the equipment, product, or material will be used as drug paraphernalia.
(3) No person shall place an advertisement in any newspaper, magazine, handbill, or other publication that is published and printed and circulates primarily within this state, if the person knows that the purpose of the advertisement is to promote the illegal sale in this state of the equipment, product, or material that the offender intended or designed for use as drug paraphernalia.
(D)(1) This section does not apply to manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies, and other persons whose conduct is in accordance with Chapters 3719., 4715., 4723., 4729., 4730., 4731., and 4741. of the Revised Code. This section shall not be construed to prohibit the possession or use of a hypodermic as authorized by section 3719.172 of the Revised Code.
(2) Division (C)(1) of this section does not apply to a person's use, or possession with purpose to use, any drug paraphernalia that is equipment, a product, or material of any kind that is used by the person, intended by the person for use, or designed for use in storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marihuana.
(3) Division (B)(2) of section 2925.11 of the Revised Code applies with respect to a violation of division (C)(1) of this section when a person seeks or obtains medical assistance for another person who is experiencing a drug overdose, a person experiences a drug overdose and seeks medical assistance for that overdose, or a person is the subject of another person seeking or obtaining medical assistance for that overdose.
(E) Notwithstanding Chapter 2981. of the Revised Code, any drug paraphernalia that was used, possessed, sold, or manufactured in a violation of this section shall be seized, after a conviction for that violation shall be forfeited, and upon forfeiture shall be disposed of pursuant to division (B) of section 2981.12 of the Revised Code.
(F)(1) Whoever violates division (C)(1) of this section is guilty of illegal use or possession of drug paraphernalia, a misdemeanor of the fourth degree.
(2) Except as provided in division (F)(3) of this section, whoever violates division (C)(2) of this section is guilty of dealing in drug paraphernalia, a misdemeanor of the second degree.
(3) Whoever violates division (C)(2) of this section by selling drug paraphernalia to a juvenile is guilty of selling drug paraphernalia to juveniles, a misdemeanor of the first degree.
(4) Whoever violates division (C)(3) of this section is guilty of illegal advertising of drug paraphernalia, a misdemeanor of the second degree.
(G)(1) In addition to any other sanction imposed upon an offender for a violation of this section, the court may suspend for not more than five years the offender's driver's or commercial driver's license or permit. However, if the offender pleaded guilty to or was convicted of a violation of section 4511.19 of the Revised Code or a substantially similar municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender's driver's or commercial driver's license or permit for not more than five years. If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the court immediately shall comply with section 2925.38 of the Revised Code.
(2)
Any offender who received a mandatory suspension of the offender's
driver's or commercial driver's license or permit under this section
prior to the
effective date of this amendment September
13, 2016, may
file a motion with the sentencing court requesting the termination of
the suspension. However, an offender who pleaded guilty to or was
convicted of a violation of section 4511.19 of the Revised Code or a
substantially similar municipal ordinance or law of another state or
the United States that arose out of the same set of circumstances as
the violation for which the offender's license or permit was
suspended under this section shall not file such a motion.
Upon the filing of a motion under division (G)(2) of this section, the sentencing court, in its discretion, may terminate the suspension.
Sec. 2925.141. (A) As used in this section, "drug paraphernalia" has the same meaning as in section 2925.14 of the Revised Code.
(B) In determining if any equipment, product, or material is drug paraphernalia, a court or law enforcement officer shall consider, in addition to other relevant factors, all factors identified in division (B) of section 2925.14 of the Revised Code.
(C) No person shall knowingly use, or possess with purpose to use, any drug paraphernalia that is equipment, a product, or material of any kind that is used by the person, intended by the person for use, or designed for use in storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marihuana.
(D) This section does not apply to any person identified in division (D)(1) of section 2925.14 of the Revised Code, and it shall not be construed to prohibit the possession or use of a hypodermic as authorized by section 3719.172 of the Revised Code.
(E)(E)(1)
Division
(E) of section 2925.14 of the Revised Code applies with respect to
any drug paraphernalia that was used or possessed in violation of
this section.
(2) Division (B)(2) of section 2925.11 of the Revised Code applies with respect to a violation of this section when a person seeks or obtains medical assistance for another person who is experiencing a drug overdose, a person experiences a drug overdose and seeks medical assistance for that overdose, or a person is the subject of another person seeking or obtaining medical assistance for that overdose.
(F) Whoever violates division (C) of this section is guilty of illegal use or possession of marihuana drug paraphernalia, a minor misdemeanor.
(G)(1) In addition to any other sanction imposed upon an offender for a violation of this section, the court may suspend for not more than five years the offender's driver's or commercial driver's license or permit. However, if the offender pleaded guilty to or was convicted of a violation of section 4511.19 of the Revised Code or a substantially similar municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender's driver's or commercial driver's license or permit for not more than five years. If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the court immediately shall comply with section 2925.38 of the Revised Code.
(2)
Any offender who received a mandatory suspension of the offender's
driver's or commercial driver's license or permit under this section
prior to the
effective date of this amendment September
13, 2016, may
file a motion with the sentencing court requesting the termination of
the suspension. However, an offender who pleaded guilty to or was
convicted of a violation of section 4511.19 of the Revised Code or a
substantially similar municipal ordinance or law of another state or
the United States that arose out of the same set of circumstances as
the violation for which the offender's license or permit was
suspended under this section shall not file such a motion.
Upon the filing of a motion under division (G)(2) of this section, the sentencing court, in its discretion, may terminate the suspension.
Sec. 2927.01. As used in this chapter:
(A) "Age verification" means a service provided by an independent third party, other than a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, that compares information available from a commercially available database, or aggregate of databases, that regularly are used by government and businesses for the purpose of age and identity verification to personal information provided during an internet sale or other remote method of sale to establish that the purchaser is twenty-one years of age or older.
(B)(1) "Alternative nicotine product" means, subject to division (B)(2) of this section, an electronic smoking device, vapor product, or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including chewing, smoking, absorbing, dissolving, or inhaling.
(2) "Alternative nicotine product" does not include any of the following:
(a) Any cigarette or other tobacco product;
(b) Any product that is a "drug" as that term is defined in 21 U.S.C. 321(g)(1);
(c) Any product that is a "device" as that term is defined in 21 U.S.C. 321(h);
(d) Any product that is a "combination product" as described in 21 U.S.C. 353(g).
(C) "Authorized recipient of tobacco products" means a person who is:
(1) Licensed as a cigarette wholesale dealer under section 5743.15 of the Revised Code;
(2) Licensed as a retail dealer as long as the person purchases cigarettes with the appropriate tax stamp affixed;
(3) An export warehouse proprietor as defined in section 5702 of the Internal Revenue Code;
(4) An operator of a customs bonded warehouse under 19 U.S.C. 1311 or 19 U.S.C. 1555;
(5) An officer, employee, or agent of the federal government or of this state acting in the person's official capacity;
(6) A department, agency, instrumentality, or political subdivision of the federal government or of this state;
(7) A person having a consent for consumer shipment issued by the tax commissioner under section 5743.71 of the Revised Code.
(D) "Booking photograph" means a photograph of a subject individual that was taken in this state by an arresting law enforcement agency.
(E) "Card holder" means any person who presents a driver's or commercial driver's license or an identification card to a seller, or an agent or employee of a seller, to purchase or receive cigarettes, other tobacco products, or alternative nicotine products from the seller, agent, or employee.
(F) "Cigarette" includes clove cigarettes and hand-rolled cigarettes.
(G) "Criminal record information" means a booking photograph or the name, address, charges filed, or description of a subject individual who is asserted or implied to have engaged in illegal conduct.
(H) "Distribute" means to furnish, give, or provide cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to the ultimate consumer of the cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes.
(I) "Electronic smoking device" means any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device including an electronic cigarette, electronic cigar, electronic hookah, vaping pen, or electronic pipe. "Electronic smoking device" includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. "Electronic smoking device" does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g).
(J) "Identification card" means an identification card issued under sections 4507.50 to 4507.52 of the Revised Code.
(K) "Law enforcement agency" has the same meaning as in section 109.573 of the Revised Code.
(L) "Motor carrier" has the same meaning as in section 4923.01 of the Revised Code.
(M) "Offense subject to forfeiture proceedings" means any of the following:
(1) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.05, 2903.06, 2903.08, 2903.09, 2903.11, 2903.12, 2903.13, 2903.14, 2903.15, 2903.16, 2903.21, or 2903.211 of the Revised Code;
(2) A violation of section 2905.01, 2905.02, 2905.03, 2905.05, 2905.11, 2905.32, or 2905.33 of the Revised Code;
(3) A violation of section 2907.011, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.19, 2907.21, 2907.22, 2907.321, 2907.322, or 2907.323 of the Revised Code;
(4) A violation of section 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, or 2909.28 of the Revised Code;
(5) A violation of section 2911.01, 2911.02, 2911.03, 2911.04, or 2911.05 of the Revised Code;
(6) A violation of section 2915.02, 2915.03, 2915.04, or 2915.05 of the Revised Code;
(7) A violation of section 2921.02, 2921.03, 2921.05, 2921.11, 2921.12, or 2921.41 of the Revised Code;
(8) A violation of section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.09, or 2925.11 of the Revised Code;
(9) A conspiracy or attempt to commit, or complicity in committing, any offense under division (M)(1), (2), (3), (4), (5), (6), (7), or (8) of this section.
(N) "Proceeds" has the same meaning as in section 2981.01 of the Revised Code.
(O) "Proof of age" means a driver's license, a commercial driver's license, a military identification card, a passport, or an identification card issued under sections 4507.50 to 4507.52 of the Revised Code that shows that a person is eighteen years of age or older.
(P) "Seller" means a seller of cigarettes, other tobacco products, or alternative nicotine products and includes any person whose gift of or other distribution of cigarettes, other tobacco products, or alternative nicotine products is subject to the prohibitions of section 2927.02 of the Revised Code.
(Q) "Sexual activity" has the same meaning as in section 2907.01 of the Revised Code.
(R) "Subject individual" means an individual who was arrested and had the individual's photograph taken by a law enforcement agency during the processing of the arrest.
(S) "Surety" has the same meaning as in section 3905.83 of the Revised Code.
(T) "Tobacco product" means any product that is made or derived from tobacco or that contains any form of nicotine, if it is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, a cigarette, an electronic smoking device, a cigar, pipe tobacco, chewing tobacco, snuff, or snus. "Tobacco product" also means any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, blunt or hemp wraps, and liquids used in electronic smoking devices, whether or not they contain nicotine. "Tobacco product" does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g).
(U) "Transaction scan" means the process by which a seller or an agent or employee of a seller checks, by means of a transaction scan device, the validity of a driver's or commercial driver's license or an identification card that is presented as a condition for purchasing or receiving cigarettes, other tobacco products, or alternative nicotine products.
(V) "Transaction scan device" means any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver's or commercial driver's license or an identification card.
(W) "Underlying offense" means a violation of section 2903.21, division (A)(6), (B), or (C) of section 2909.05, division (C)(1) of section 2909.08, or division (A)(2) or (3) of section 2917.21 of the Revised Code and that violation is a necessary element of the ethnic intimidation charge.
(X) "Vapor product" means a product, other than a cigarette or other tobacco product as defined in Chapter 5743. of the Revised Code, that contains or is made or derived from nicotine and that is intended and marketed for human consumption, including by smoking, inhaling, snorting, or sniffing. "Vapor product" includes any component, part, or additive that is intended for use in an electronic smoking device, a mechanical heating element, battery, or electronic circuit and is used to deliver the product. "Vapor product" does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). "Vapor product" includes any product containing nicotine, regardless of concentration.
(Y) "Vehicle" has the same meaning as in section 4501.01 of the Revised Code.
(Z) "Vending machine" has the same meaning as "coin machine" in section 2913.01 of the Revised Code.
Sec.
2927.01
2927.011.
(A)
No person,
except as authorized by law, shall treat a human corpse in a way that
the person knows would outrage reasonable family sensibilities.
(B)
No person, except
shall
knowingly do any of the following:
(1)
Except as
authorized by law, shall
treat
a human corpse in a way that would outrage reasonable community
sensibilities;
(2) Except as authorized by law, disinter, damage, dissect, or carry away a human corpse;
(3) Engage in sexual activity with or involving a human corpse.
(C)
(B)
Whoever
violates division
(A) of this
section is guilty of abuse of a corpse,.
A violation of division (A)(1) of this section is
a
misdemeanor of the second
first
degree.
Whoever
violates A
violation of division
(B)
(A)(2)
or (3) of
this section is guilty
of gross abuse of a corpse, a
felony of the fifth degree.
Sec.
2927.02. (A)
As
used in this section and sections 2927.021 and 2927.022 of the
Revised Code:
(1)
"Age verification" means a service provided by an
independent third party (other than a manufacturer, producer,
distributor, wholesaler, or retailer of cigarettes, other tobacco
products, alternative nicotine products, or papers used to roll
cigarettes) that compares information available from a commercially
available database, or aggregate of databases, that regularly are
used by government and businesses for the purpose of age and identity
verification to personal information provided during an internet sale
or other remote method of sale to establish that the purchaser is
twenty-one years of age or older.
(2)(a)
"Alternative nicotine product" means, subject to division
(A)(2)(b) of this section, an electronic smoking device, vapor
product, or any other product or device that consists of or contains
nicotine that can be ingested into the body by any means, including,
but not limited to, chewing, smoking, absorbing, dissolving, or
inhaling.
(b)
"Alternative nicotine product" does not include any of the
following:
(i)
Any cigarette or other tobacco product;
(ii)
Any product that is a "drug" as that term is defined in 21
U.S.C. 321(g)(1);
(iii)
Any product that is a "device" as that term is defined in
21 U.S.C. 321(h);
(iv)
Any product that is a "combination product" as described in
21 U.S.C. 353(g).
(3)
"Cigarette" includes clove cigarettes and hand-rolled
cigarettes.
(4)
"Distribute" means to furnish, give, or provide cigarettes,
other tobacco products, alternative nicotine products, or papers used
to roll cigarettes to the ultimate consumer of the cigarettes, other
tobacco products, alternative nicotine products, or papers used to
roll cigarettes.
(5)
"Electronic smoking device" means any device that can be
used to deliver aerosolized or vaporized nicotine or any other
substance to the person inhaling from the device including an
electronic cigarette, electronic cigar, electronic hookah, vaping
pen, or electronic pipe. "Electronic smoking device"
includes any component, part, or accessory of such a device, whether
or not sold separately, and includes any substance intended to be
aerosolized or vaporized during the use of the device. "Electronic
smoking device" does not include any product that is a drug,
device, or combination product, as those terms are defined or
described in 21 U.S.C. 321 and 353(g).
(6)
"Proof of age" means a driver's license, a commercial
driver's license, a military identification card, a passport, or an
identification card issued under sections 4507.50 to 4507.52 of the
Revised Code that shows that a person is eighteen years of age or
older.
(7)
"Tobacco product" means any product that is made or derived
from tobacco or that contains any form of nicotine, if it is intended
for human consumption or is likely to be consumed, whether smoked,
heated, chewed, absorbed, dissolved, inhaled, or ingested by any
other means, including, but not limited to, a cigarette, an
electronic smoking device, a cigar, pipe tobacco, chewing tobacco,
snuff, or snus. "Tobacco product" also means any component
or accessory used in the consumption of a tobacco product, such as
filters, rolling papers, pipes, blunt or hemp wraps, and liquids used
in electronic smoking devices, whether or not they contain nicotine.
"Tobacco product" does not include any product that is a
drug, device, or combination product, as those terms are defined or
described in 21 U.S.C. 321 and 353(g).
(8)
"Vapor product" means a product, other than a cigarette or
other tobacco product as defined in Chapter 5743. of the Revised
Code, that contains or is made or derived from nicotine and that is
intended and marketed for human consumption, including by smoking,
inhaling, snorting, or sniffing. "Vapor product" includes
any component, part, or additive that is intended for use in an
electronic smoking device, a mechanical heating element, battery, or
electronic circuit and is used to deliver the product. "Vapor
product" does not include any product that is a drug, device, or
combination product, as those terms are defined or described in 21
U.S.C. 321 and 353(g). "Vapor product" includes any product
containing nicotine, regardless of concentration.
(9)
"Vending machine" has the same meaning as "coin
machine" in section 2913.01 of the Revised Code.
(B)
No
manufacturer, producer, distributor, wholesaler, or retailer of
cigarettes,
other tobacco
products, papers
used to roll cigarettes, or alternative
nicotine products,
or papers used to roll cigarettes,
no agent, employee, or representative of a manufacturer, producer,
distributor, wholesaler, or retailer of cigarettes,
other tobacco
products, papers
used to roll cigarettes, or alternative
nicotine products,
or papers used to roll cigarettes,
and no other person shall recklessly
do
any of the following:
(1)
Give
away,
sell, or otherwise distribute cigarettes,
other tobacco
products, papers
used to roll cigarettes, or alternative
nicotine products,
or papers used to roll cigarettes to
any person under twenty-one years of age;
(2)
Give away, sell, or otherwise
distribute
cigarettes,
other tobacco
products, papers
used to roll cigarettes, or alternative
nicotine products,
or papers used to roll cigarettes in
any place that does not have posted in a conspicuous place a legibly
printed sign in letters at least one-half inch high stating that
giving, selling, or otherwise distributing cigarettes,
other tobacco
products, papers
used to roll cigarettes, or alternative
nicotine products,
or papers used to roll cigarettes
to
a person under twenty-one years of age is prohibited by law;
(3)
Knowingly
furnish Furnish
any
false information regarding the name, age, or other identification of
any person under twenty-one years of age with purpose to obtain
cigarettes,
other tobacco
products, papers
used to roll cigarettes, or alternative
nicotine products,
or papers used to roll cigarettes
for
that person;
(4) Manufacture, sell, or distribute in this state any pack or other container of cigarettes containing fewer than twenty cigarettes or any package of roll-your-own tobacco containing less than six-tenths of one ounce of tobacco;
(5) Sell cigarettes or alternative nicotine products in a smaller quantity than that placed in the pack or other container by the manufacturer;
(6)
Give
away,
sell, or otherwise distribute tobacco
products other than cigarettes, papers used to roll cigarettes, or
alternative
nicotine products,
papers used to roll cigarettes, or tobacco products other than
cigarettes
over
the internet or through another remote method without age
verification.
(C)
(B)
No
person shall recklessly
sell
or offer to sell cigarettes,
other tobacco
products, papers
used to roll cigarettes, or
alternative nicotine products by or from a vending machine, except in
the following locations:
(1) An area within a factory, business, office, or other place not open to the general public;
(2) An area to which persons under twenty-one years of age are not generally permitted access;
(3)
Any other place not identified in division (C)(1)
(B)(1)
or
(2) of this section, upon all of the following conditions:
(a)
The vending machine is located within the immediate vicinity, plain
view, and control of the person who owns or operates the place, or an
employee of that person, so that all cigarettes,
other tobacco
productproducts,
papers
used to roll cigarettes, and
alternative nicotine product
products
purchases
from the vending machine will be readily observed by the person who
owns or operates the place or an employee of that person. For the
purpose of this section, a vending machine located in any unmonitored
area, including an unmonitored coatroom, restroom, hallway, or outer
waiting area, shall not be considered located within the immediate
vicinity, plain view, and control of the person who owns or operates
the place, or an employee of that person.
(b) The vending machine is inaccessible to the public when the place is closed.
(c) A clearly visible notice is posted in the area where the vending machine is located that states the following in letters that are legibly printed and at least one-half inch high:
"It is illegal for any person under the age of 21 to purchase tobacco or alternative nicotine products or papers used to roll cigarettes."
(D)(C)(1)
The
following are affirmative defenses to a charge under division (B)(1)
(A)(1)
of
this section:
(1)
(a)
The
person under twenty-one years of age was accompanied by a parent,
spouse who is twenty-one years of age or older, or legal guardian of
the person under twenty-one years of age.
(2)
(b)
The
person who gave, sold, or distributed cigarettes,
other tobacco
products, papers
used to roll cigarettes, or alternative
nicotine products,
or papers used to roll cigarettes
to
a person under twenty-one years of age under division (B)(1)
(A)(1)
of
this section is a parent, spouse who is twenty-one years of age or
older, or legal guardian of the person under twenty-one years of age.
(2) It is an affirmative defense to a charge under this section in which the age of the purchaser or other recipient of tobacco products, papers used to roll cigarettes, or alternative nicotine products is an element of the alleged offense that, as proved by the seller, agent, or employee, all of the following occurred:
(a) A card holder attempting to purchase or receive tobacco products, papers used to roll cigarettes, or alternative nicotine products presented a driver's or commercial driver's license or identification card.
(b) A transaction scan of the driver's or commercial driver's license or identification card that the card holder presented indicated that the license or card was valid.
(c) The tobacco products, papers used to roll cigarettes, or alternative nicotine products were given away, sold, or otherwise distributed to the card holder in reasonable reliance upon the identification presented and the completed transaction scan.
(3) In determining whether a seller, agent, or employee of a seller has proven the affirmative defense provided by division (C)(2) of this section, the trier of fact in the action for the alleged violation of this section shall consider any written policy that the seller has adopted and implemented and that is intended to prevent violations of this section. For purposes of division (C)(2)(c) of this section, the trier of fact shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a seller or an agent or employee of a seller to exercise reasonable diligence to determine, and that the use of a transaction scan device does not excuse a seller, agent, or employee of a seller from exercising reasonable diligence to determine, the following:
(a) Whether a person to whom the seller, agent, or employee of a seller sells, gives away, or otherwise distributes tobacco products, papers used to roll cigarettes, or alternative nicotine products is twenty-one years of age or older;
(b) Whether the description and picture appearing on the driver's or commercial driver's license or identification card presented by a card holder is that of the card holder.
(4) In any criminal action in which the affirmative defense provided by division (C)(2) of this section is raised, the registrar of motor vehicles or a deputy registrar who issued an identification card under section 4507.50, 4507.51, or 4507.52 of the Revised Code shall be permitted to submit certified copies of the records of that issuance in lieu of the testimony of the personnel of, or contractors with, the bureau of motor vehicles in the action.
(5) Rules adopted by the registrar of motor vehicles under division (C) of section 4301.61 of the Revised Code apply to the use of transaction scan devices for purposes of division (C)(2) of this section.
(E)
(D)
It
is not a violation of division (B)(1)
(A)(1)
or
(2) of this section for a person to give or otherwise distribute to a
person under twenty-one years of age cigarettes,
other tobacco
products, papers
used to roll cigarettes, or alternative
nicotine products,
or papers used to roll cigarettes while
the person under twenty-one years of age is participating in a
research protocol if all of the following apply:
(1) The parent, guardian, or legal custodian of the person under twenty-one years of age has consented in writing to the person under twenty-one years of age participating in the research protocol.
(2) An institutional human subjects protection review board, or an equivalent entity, has approved the research protocol.
(3) The person under twenty-one years of age is participating in the research protocol at the facility or location specified in the research protocol.
(F)(1)
(E)
Whoever
violates division (B)(1),
(2), (4), (5), or (6) (A)
or
(C)
(B)
of
this section is guilty of illegal distribution of cigarettes,
other tobacco
products, papers
used to roll cigarettes, or
alternative nicotine products,
and the court may impose upon the offender a civil penalty of up to
one thousand dollars for each violation. The clerk of the court shall
pay each collected civil penalty to the county treasurer for deposit
into the county treasury.
Except
as otherwise provided in this division, illegal distribution of
cigarettes, other tobacco products, or alternative nicotine products
is a misdemeanor of the fourth degree. If the offender previously has
been convicted of a violation of division (B)(1), (2), (4), (5), or
(6) or (C) of this section, illegal distribution of cigarettes, other
tobacco products, or alternative nicotine products is a misdemeanor
of the third degree.
(2)
Whoever violates division (B)(3) of this section is guilty of
permitting a person under twenty-one years of age to use cigarettes,
other tobacco products, or alternative nicotine products. Except as
otherwise provided in this division, permitting a person under
twenty-one years of age to use cigarettes, other tobacco products, or
alternative nicotine products is a misdemeanor of the fourth degree.
If the offender previously has been convicted of a violation of
division (B)(3) of this section, permitting a person under twenty-one
years of age to use cigarettes, other tobacco products, or
alternative nicotine products is a misdemeanor of the third degree.
(G)
Any cigarettes, other tobacco products, alternative nicotine
products, or papers used to roll cigarettes that are given, sold, or
otherwise distributed to a person under twenty-one years of age in
violation of this section and that are used, possessed, purchased, or
received by a person under twenty-one years of age in violation of
section 2151.87 of the Revised Code are subject to seizure and
forfeiture as contraband under Chapter 2981. of the Revised Code.
Sec.
2927.021. (A)
As
used in this section and section 2927.022 of the Revised Code:
(1)
"Card holder" means any person who presents a driver's or
commercial driver's license or an identification card to a seller, or
an agent or employee of a seller, to purchase or receive cigarettes,
other tobacco products, or alternative nicotine products from the
seller, agent, or employee.
(2)
"Identification card" means an identification card issued
under sections 4507.50 to 4507.52 of the Revised Code.
(3)
"Seller" means a seller of cigarettes, other tobacco
products, or alternative nicotine products and includes any person
whose gift of or other distribution of cigarettes, other tobacco
products, or alternative nicotine products is subject to the
prohibitions of section 2927.02 of the Revised Code.
(4)
"Transaction scan" means the process by which a seller or
an agent or employee of a seller checks, by means of a transaction
scan device, the validity of a driver's or commercial driver's
license or an identification card that is presented as a condition
for purchasing or receiving cigarettes, other tobacco products, or
alternative nicotine products.
(5)
"Transaction scan device" means any commercial device or
combination of devices used at a point of sale that is capable of
deciphering in an electronically readable format the information
encoded on the magnetic strip or bar code of a driver's or commercial
driver's license or an identification card.
(B)(1)
A seller or an agent or employee of a seller may perform a
transaction scan by means of a transaction scan device to check the
validity of a driver's or commercial driver's license or
identification card presented by a card holder as a condition for
selling, giving away, or otherwise distributing to the card holder
cigarettes,
other tobacco
products, papers
used to roll cigarettes, or
alternative nicotine products.
(2)
If
Neither
the seller nor any agent or employee of the seller shall recklessly
sell, give away, or otherwise distribute any tobacco products, papers
used to roll cigarettes, or alternative nicotine products to a card
holder if the
information deciphered by the transaction scan performed under
division (B)(1)
(A)(1)
of
this section fails to match the information printed on the driver's
or commercial driver's license or identification card presented by
the card holder, or if the transaction scan indicates that the
information so printed is false or fraudulent,
neither the seller nor any agent or employee of the seller shall
sell, give away, or otherwise distribute any cigarettes, other
tobacco products, or alternative nicotine products to the card
holder.
(3)
Division (B)(1)
(A)(1)
of
this section does not preclude a seller or an agent or employee of a
seller from using a transaction scan device to check the validity of
a document other than a driver's or commercial driver's license or an
identification card, if the document includes a bar code or magnetic
strip that may be scanned by the device, as a condition for selling,
giving away, or otherwise distributing cigarettes,
other tobacco
products, papers
used to roll cigarettes, or
alternative nicotine products to the person presenting the document.
(C)
(B)
Rules
adopted by the registrar of motor vehicles under division (C) of
section 4301.61 of the Revised Code apply to the use of transaction
scan devices for purposes of this section
and
section 2927.022 of the Revised Code.
(D)(1)
(C)(1)
No
seller or agent or employee of a seller shall recklessly
electronically
or mechanically record or maintain any information derived from a
transaction scan, except the following:
(a) The name and date of birth of the person listed on the driver's or commercial driver's license or identification card presented by a card holder;
(b) The expiration date and identification number of the driver's or commercial driver's license or identification card presented by a card holder.
(2)
No seller or agent or employee of a seller shall recklessly
use
the information that is derived from a transaction scan or that is
permitted to be recorded and maintained under division (D)(1)
(C)(1)
of
this section, except for purposes of division
(C) of section
2927.022
2927.02
of
the Revised Code.
(3)
No seller or agent or employee of a seller shall recklessly
use
a transaction scan device for a purpose other than the purpose
specified in division (B)(1)
(A)(1)
of
this section.
(4)
No seller or agent or employee of a seller shall recklessly
sell
or otherwise disseminate the information derived from a transaction
scan to any third party, including, but not limited to, selling or
otherwise disseminating that information for any marketing,
advertising, or promotional activities, but a seller or agent or
employee of a seller may release that information pursuant to a court
order or as specifically authorized by division
(C) of section
2927.022
2927.02
or
another section of the Revised Code.
(E)
(D)
Nothing
in this section or division
(C) of section
2927.022
2927.02
of
the Revised Code relieves a seller or an agent or employee of a
seller of any responsibility to comply with any other applicable
state or federal laws or rules governing the sale, giving away, or
other distribution of cigarettes,
other tobacco
products, papers
used to roll cigarettes, or
alternative nicotine products.
(F)
(E)
Whoever
violates division (B)(2)
(A)(2)
or
(D)
(C)
of
this section is guilty of engaging in an illegal tobacco product,
papers used to roll cigarettes,
or
alternative nicotine product transaction scan, and the court may
impose upon the offender a civil penalty of up to one thousand
dollars for each violation. The clerk of the court shall pay each
collected civil penalty to the county treasurer for deposit into the
county treasury.
Sec.
2927.023. (A)
As
used in this section:
(1)
"Authorized recipient of tobacco products" means a person
who is:
(a)
Licensed as a cigarette wholesale dealer under section 5743.15 of the
Revised Code;
(b)
Licensed as a retail dealer as long as the person purchases
cigarettes with the appropriate tax stamp affixed;
(c)
An export warehouse proprietor as defined in section 5702 of the
Internal Revenue Code;
(d)
An operator of a customs bonded warehouse under 19 U.S.C. 1311 or 19
U.S.C. 1555;
(e)
An officer, employee, or agent of the federal government or of this
state acting in the person's official capacity;
(f)
A department, agency, instrumentality, or political subdivision of
the federal government or of this state;
(g)
A person having a consent for consumer shipment issued by the tax
commissioner under section 5743.71 of the Revised Code.
(2)
"Motor carrier" has the same meaning as in section 4923.01
of the Revised Code.
The
purpose of this section is to prevent the sale of cigarettes to
minors and to ensure compliance with the Master Settlement Agreement,
as defined in section 1346.01 of the Revised Code.
(B)(1)
No person shall recklessly
cause
to be shipped any cigarettes
tobacco
products within the scope of the definition of "authorized
recipient of tobacco products" to
any person in this state other than an authorized recipient of
tobacco products.
(2)
No motor carrier,
or
other person shall knowingly
recklessly
transport
cigarettes
tobacco
products within the scope of the definition of "authorized
recipient of tobacco products" to
any person in this state that the carrier or other person reasonably
believes is not an authorized recipient of tobacco products. If
cigarettes
tobacco
products of that nature are
transported to a home or residence, it shall be presumed that the
motor carrier, or other person knew that the person to whom the
cigarettes
tobacco
products were
delivered was not an authorized recipient of tobacco products.
(C)
(B)
No
person engaged in the business of selling cigarettes who ships or
causes to be shipped cigarettes to any person in this state in any
container or wrapping other than the original container or wrapping
of the cigarettes shall recklessly
fail
to plainly and visibly mark the exterior of the container or wrapping
in which the cigarettes are shipped with the words "cigarettes."
(D)
(C)
A
court shall impose a fine of up to one thousand dollars for each
violation of division
(B)(1), (B)(2), or (C) of this
section.
Sec.
2927.03. (A)
No person, whether or not acting under color of law, shall by force
or threat of force willfully
purposely
injure,
intimidate, or interfere with,
or attempt to injure, intimidate, or interfere with,
any
of the following:
(1) Any person because of race, color, religion, sex, familial status as defined in section 4112.01 of the Revised Code, national origin, military status as defined in that section, disability as defined in that section, or ancestry and because that person is or has been selling, purchasing, renting, financing, occupying, contracting, or negotiating for the sale, purchase, rental, financing, or occupation of any housing accommodations, or applying for or participating in any service, organization, or facility relating to the business of selling or renting housing accommodations;
(2)
Any person because that person is or has been doing,
or in order to intimidate that person or any other person or any
class of persons from doing,
either
of the following:
(a)
Participating,
without discrimination on account of race, color, religion, sex,
familial status as defined in section 4112.01 of the Revised Code,
national origin, military status as defined in that section,
disability as defined in that section, or ancestry,
in
any of the activities, services, organizations, or facilities
described in division (A)(1) of this section
without
discrimination on account of race, color, religion, sex, familial
status, national origin, military status, disability, or ancestry, as
defined in section 4112.01 of the Revised Code;
(b) Affording another person or class of persons opportunity or protection so to participate.
(3)
Any person because that person is or has been,
or in order to discourage that person or any other person from,
lawfully
aiding or encouraging other persons to participate,
without discrimination on account of race, color, religion, sex,
familial status as defined in section 4112.01 of the Revised Code,
national origin, military status as defined in that section,
disability as defined in that section, or ancestry,
in
any of the activities, services, organizations, or facilities
described in division (A)(1) of this section
without
discrimination on account of race, color, religion, sex, familial
status, national origin, military status, disability, or ancestry, as
defined in section 4112.01 of the Revised Code,
or participating lawfully in speech or peaceful assembly opposing any
denial of the opportunity to so participate.
(B) Whoever violates division (A) of this section is guilty of a misdemeanor of the first degree.
Sec.
2927.12. (A)
No person shall violate section 2903.21, 2903.22,
2909.06, or 2909.07, division
(A)(1), (A)(2), (A)(6), (B), or (C) of section 2909.05, division (C)
of section 2909.08, or
division (A)(3),
(4), or (5) (A)(2)
or (3) of
section 2917.21 of the Revised Code by reason of the race, color,
religion, or national origin of another person or group of persons.
(B)
Whoever violates this section is guilty of ethnic intimidation.
Ethnic intimidation is an offense of the next higher degree than the
underlying
offense
the
commission of which is a necessary element of ethnic
intimidationcommitted.
Sec. 2927.15. (A) No person shall knowingly collect any blood, urine, tissue, or other bodily substance of another person without privilege or consent to do so.
(B)(1) Division (A) of this section does not apply to the collection of any bodily substance of a person by any of the following:
(a)
The
collection of any bodily substance of a person by a A
law
enforcement officer, or by
another
person pursuant to the direction or advice of a law enforcement
officer, for purposes of a chemical test or tests of the substance
under division (A)(1) of section 1547.111 or division (A)(2) of
section 4511.191 of the Revised Code to determine the alcohol, drug,
controlled substance, metabolite of a controlled substance, or
combination content of the bodily substance;
(b)
The
collection of any bodily substance of a person by a A
peace
officer, or by
another
person pursuant to the direction or advice of a peace officer, for
purposes of a test or tests of the substance as provided in division
(A) of section 4506.17 of the Revised Code to determine the person's
alcohol concentration or the presence of any controlled substance or
metabolite of a controlled substance.
(2) Division (B)(1) of this section shall not be construed as implying that the persons identified in divisions (B)(1)(a) and (b) of this section do not have privilege to collect the bodily substance of another person as described in those divisions or as limiting the definition of "privilege" set forth in section 2901.01 of the Revised Code.
(C) Whoever violates division (A) of this section is guilty of unlawful collection of a bodily substance. Except as otherwise provided in this division, unlawful collection of a bodily substance is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of division (A) of this section, unlawful collection of a bodily substance is a felony of the fifth degree.
Sec. 2927.17. (A) No person, by means of a statement, solicitation, or offer in a print or electronic publication, sign, placard, storefront display, or other medium, shall advertise massage, relaxation massage, any other massage technique or method, or any related service, with the suggestion or promise of sexual activity.
(B) Whoever violates this section is guilty of unlawful advertising of massage, a misdemeanor of the first degree.
(C) Nothing in this section prevents the legislative authority of a municipal corporation or township from enacting any regulation of the advertising of massage further than and in addition to the provisions of divisions (A) and (B) of this section.
(D)
As used in this section, "sexual activity" has the same
meaning as in section 2907.01 of the Revised Code.
Sec.
2927.21. (A)
As
used in this section:
(1)
"Offense subject to forfeiture proceedings" means any of
the following:
(a)
A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041,
2903.05, 2903.06, 2903.08, 2903.09, 2903.11, 2903.12, 2903.13,
2903.14, 2903.15, 2903.16, 2903.21, or 2903.211 of the Revised Code;
(b)
A violation of section 2905.01, 2905.02, 2905.03, 2905.05, 2905.11,
2905.32, or 2905.33 of the Revised Code;
(c)
A violation of section 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,
2907.07, 2907.19, 2907.21, 2907.22, 2907.321, 2907.322, or 2907.323
of the Revised Code;
(d)
A violation of section 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,
2909.26, 2909.27, 2909.28, or 2909.29 of the Revised Code;
(e)
A violation of section 2911.01, 2911.02, 2911.11, 2911.12, or 2911.13
of the Revised Code;
(f)
A violation of section 2915.02, 2915.03, 2915.04, or 2915.05 of the
Revised Code;
(g)
A violation of section 2921.02, 2921.03, 2921.04, 2921.05, 2921.11,
2921.12, or 2921.41 of the Revised Code;
(h)
A violation of section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05,
2925.06, 2925.09, or 2925.11 of the Revised Code;
(i)
A conspiracy or attempt to commit, or complicity in committing, any
offense under division (A)(1)(a), (b), (c), (d), (e), (f), (g), or
(h) of this section.
(2)
"Proceeds" has the same meaning as in section 2981.01 of
the Revised Code.
(3)
"Vehicle" has the same meaning as in section 4501.01 of the
Revised Code.
(B)
No
person shall receive, retain, possess, or dispose of proceeds knowing
or having reasonable cause to believe that the proceeds were derived
from the commission of an offense subject to forfeiture proceedings.
(C)(B)
It
is not a defense to a charge of receiving proceeds of an offense
subject to forfeiture proceedings in violation of this section that
the proceeds were derived by means other than the commission of an
offense subject to forfeiture proceedings if the property was
explicitly represented to the accused person as having been derived
from the commission of an offense subject to forfeiture proceedings.
(D)(C)
A
person shall be considered
presumed
to
have received, retained, possessed, or disposed of proceeds if the
proceeds are found anywhere in a vehicle and the person was the last
person who operated the vehicle immediately prior to the search of
the vehicle by the law enforcement officer who found the proceeds.
(E)(D)
Whoever
violates this section is guilty of receiving proceeds of an offense
subject to forfeiture proceedings. If the value of the proceeds
involved is less
than one thousand five
hundred dollars
or
more,
receiving proceeds of an offense subject to forfeiture proceedings is
a misdemeanor of the first degree. If the value of the proceeds
involved is one
two
thousand
five
hundred dollars
or more
and
is less than twenty-five thousand dollars,
receiving proceeds of an offense subject to forfeiture proceedings is
a felony of the fifth degree. If the value of the proceeds involved
is twenty-five
ten
thousand
dollars or more
and
is less than one hundred fifty thousand dollars,
receiving proceeds of an offense subject to forfeiture proceedings is
a felony of the fourth degree. If the value of the proceeds involved
is one hundred fifty
thousand
dollars or more, receiving proceeds of an offense subject to
forfeiture proceedings is a felony of the third degree.
Sec.
2927.22. (A)
As
used in this section:
(1)
"Booking photograph" means a photograph of a subject
individual that was taken in this state by an arresting law
enforcement agency.
(2)
"Criminal record information" means a booking photograph or
the name, address, charges filed, or description of a subject
individual who is asserted or implied to have engaged in illegal
conduct.
(3)
"Law enforcement agency" has the same meaning as in section
109.573 of the Revised Code.
(4)
"Subject individual" means an individual who was arrested
and had the individual's photograph taken by a law enforcement agency
during the processing of the arrest.
(B)
No
person engaged in publishing or otherwise disseminating criminal
record information through a print or electronic medium shall
negligently solicit or accept from a subject individual the payment
of a fee or other consideration to remove, correct, modify, or
refrain from publishing or otherwise disseminating criminal record
information.
(C)
(B)
A
violation of division (B)
(A)
of
this section is misuse of criminal record information, a misdemeanor
of the first degree.
(D)
(C)
Each
payment solicited or accepted in violation of this section
constitutes a separate violation.
(E)
(D)
In
a civil action brought pursuant to section 2307.60 of the Revised
Code for a violation of this section, a subject individual who
suffers a loss or harm as a result of the violation may be awarded an
amount equal to ten thousand dollars or actual and punitive damages,
whichever is greater, and in addition may be awarded reasonable
attorney's fees, court costs, and any other remedies provided by law.
Humiliation or embarrassment shall be adequate to show that the
plaintiff has incurred damages. No physical manifestation of either
humiliation or embarrassment is necessary for damages to be shown.
Sec. 2927.27. (A) No person, other than a law enforcement officer, shall recklessly apprehend, detain, or arrest a principal on bond, wherever issued, unless that person meets all of the following criteria:
(1) The person is any of the following:
(a) Qualified, licensed, and appointed as a surety bail bond agent under sections 3905.83 to 3905.95 of the Revised Code;
(b) Licensed as a surety bail bond agent by the state where the bond was written;
(c)
Licensed as a private investigator under chapterChapter
4749.
of the Revised Code;
(d) Licensed as a private investigator by the state where the bond was written;
(e)
An off-duty peace officer, as defined in division
(J) of section
2921.51
2921.01
of
the Revised Code.
(2) The person, prior to apprehending, detaining, or arresting the principal, has entered into a written contract with the surety or with a licensed surety bail bond agent appointed by the surety, which contract sets forth the name of the principal who is to be apprehended, detained, or arrested.
For
purposes of division (A)(2) of this section, "surety" has
the same meaning as in section 3905.83 of the Revised Code.
(3) The person, prior to apprehending, detaining, or arresting the principal, has notified the local law enforcement agency having jurisdiction over the area in which such activities will be performed and has provided any form of identification or other information requested by the law enforcement agency.
(B) No person shall recklessly represent the person's self to be a bail enforcement agent or bounty hunter, or claim any similar title, in this state.
(C)(1) Whoever violates this section is guilty of illegal bail bond agent practices.
(2) A violation of division (A) of this section is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to two or more violations of division (A) of this section, a felony of the third degree.
(3) A violation of division (B) of this section is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to two or more violations of division (B) of this section, a felony of the third degree.
Sec. 2929.01. As used in this chapter:
(A)(1) "Alternative residential facility" means, subject to division (A)(2) of this section, any facility other than an offender's home or residence in which an offender is assigned to live and that satisfies all of the following criteria:
(a) It provides programs through which the offender may seek or maintain employment or may receive education, training, treatment, or habilitation.
(b) It has received the appropriate license or certificate for any specialized education, training, treatment, habilitation, or other service that it provides from the government agency that is responsible for licensing or certifying that type of education, training, treatment, habilitation, or service.
(2) "Alternative residential facility" does not include a community-based correctional facility, jail, halfway house, or prison.
(B) "Basic probation supervision" means a requirement that the offender maintain contact with a person appointed to supervise the offender in accordance with sanctions imposed by the court or imposed by the parole board pursuant to section 2967.28 of the Revised Code. "Basic probation supervision" includes basic parole supervision and basic post-release control supervision.
(C) "Cocaine," "fentanyl-related compound," "hashish," "L.S.D.," and "unit dose" have the same meanings as in section 2925.01 of the Revised Code.
(D) "Community-based correctional facility" means a community-based correctional facility and program or district community-based correctional facility and program developed pursuant to sections 2301.51 to 2301.58 of the Revised Code.
(E) "Community control sanction" means a sanction that is not a prison term and that is described in section 2929.15, 2929.16, 2929.17, or 2929.18 of the Revised Code or a sanction that is not a jail term and that is described in section 2929.26, 2929.27, or 2929.28 of the Revised Code. "Community control sanction" includes probation if the sentence involved was imposed for a felony that was committed prior to July 1, 1996, or if the sentence involved was imposed for a misdemeanor that was committed prior to January 1, 2004.
(F) "Controlled substance," "marihuana," "schedule I," and "schedule II" have the same meanings as in section 3719.01 of the Revised Code.
(G) "Curfew" means a requirement that an offender during a specified period of time be at a designated place.
(H) "Day reporting" means a sanction pursuant to which an offender is required each day to report to and leave a center or other approved reporting location at specified times in order to participate in work, education or training, treatment, and other approved programs at the center or outside the center.
(I) "Deadly weapon" has the same meaning as in section 2923.11 of the Revised Code.
(J) "Drug and alcohol use monitoring" means a program under which an offender agrees to submit to random chemical analysis of the offender's blood, breath, or urine to determine whether the offender has ingested any alcohol or other drugs.
(K) "Drug treatment program" means any program under which a person undergoes assessment and treatment designed to reduce or completely eliminate the person's physical or emotional reliance upon alcohol, another drug, or alcohol and another drug and under which the person may be required to receive assessment and treatment on an outpatient basis or may be required to reside at a facility other than the person's home or residence while undergoing assessment and treatment.
(L) "Economic loss" means any economic detriment suffered by a victim as a direct and proximate result of the commission of an offense and includes any loss of income due to lost time at work because of any injury caused to the victim, any property loss, medical cost, or funeral expense incurred as a result of the commission of the offense, and the cost of any accounting or auditing done to determine the extent of loss if the cost is incurred and payable by the victim. "Economic loss" does not include non-economic loss or any punitive or exemplary damages.
(M) "Education or training" includes study at, or in conjunction with a program offered by, a university, college, or technical college or vocational study and also includes the completion of primary school, secondary school, and literacy curricula or their equivalent.
(N) "Firearm" has the same meaning as in section 2923.11 of the Revised Code.
(O) "Halfway house" means a facility licensed by the division of parole and community services of the department of rehabilitation and correction pursuant to section 2967.14 of the Revised Code as a suitable facility for the care and treatment of adult offenders.
(P) "House arrest" means a period of confinement of an offender that is in the offender's home or in other premises specified by the sentencing court or by the parole board pursuant to section 2967.28 of the Revised Code and during which all of the following apply:
(1) The offender is required to remain in the offender's home or other specified premises for the specified period of confinement, except for periods of time during which the offender is at the offender's place of employment or at other premises as authorized by the sentencing court or by the parole board.
(2) The offender is required to report periodically to a person designated by the court or parole board.
(3) The offender is subject to any other restrictions and requirements that may be imposed by the sentencing court or by the parole board.
(Q) "Intensive probation supervision" means a requirement that an offender maintain frequent contact with a person appointed by the court, or by the parole board pursuant to section 2967.28 of the Revised Code, to supervise the offender while the offender is seeking or maintaining necessary employment and participating in training, education, and treatment programs as required in the court's or parole board's order. "Intensive probation supervision" includes intensive parole supervision and intensive post-release control supervision.
(R) "Jail" means a jail, workhouse, minimum security jail, or other residential facility used for the confinement of alleged or convicted offenders that is operated by a political subdivision or a combination of political subdivisions of this state.
(S) "Jail term" means the term in a jail that a sentencing court imposes or is authorized to impose pursuant to section 2929.24 or 2929.25 of the Revised Code or pursuant to any other provision of the Revised Code that authorizes a term in a jail for a misdemeanor conviction.
(T) "Mandatory jail term" means the term in a jail that a sentencing court is required to impose pursuant to division (G) of section 1547.99 of the Revised Code, division (E) of section 2903.06 or division (D) of section 2903.08 of the Revised Code, division (E) or (G) of section 2929.24 of the Revised Code, division (B) of section 4510.14 of the Revised Code, or division (G) of section 4511.19 of the Revised Code or pursuant to any other provision of the Revised Code that requires a term in a jail for a misdemeanor conviction.
(U) "Delinquent child" has the same meaning as in section 2152.02 of the Revised Code.
(V) "License violation report" means a report that is made by a sentencing court, or by the parole board pursuant to section 2967.28 of the Revised Code, to the regulatory or licensing board or agency that issued an offender a professional license or a license or permit to do business in this state and that specifies that the offender has been convicted of or pleaded guilty to an offense that may violate the conditions under which the offender's professional license or license or permit to do business in this state was granted or an offense for which the offender's professional license or license or permit to do business in this state may be revoked or suspended.
(W) "Major drug offender" means an offender who is convicted of or pleads guilty to the possession of, sale of, or offer to sell any drug, compound, mixture, preparation, or substance that consists of or contains at least one thousand grams of hashish; at least one hundred grams of cocaine; at least one thousand unit doses or one hundred grams of heroin; at least five thousand unit doses of L.S.D. or five hundred grams of L.S.D. in a liquid concentrate, liquid extract, or liquid distillate form; at least fifty grams of a controlled substance analog; at least one thousand unit doses or one hundred grams of a fentanyl-related compound; or at least one hundred times the amount of any other schedule I or II controlled substance other than marihuana that is necessary to commit a felony of the third degree pursuant to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised Code that is based on the possession of, sale of, or offer to sell the controlled substance.
(X) "Mandatory prison term" means any of the following:
(1) Subject to division (X)(2) of this section, the term in prison that must be imposed for the offenses or circumstances set forth in divisions (F)(1) to (8) or (F)(12) to (21) of section 2929.13 and division (B) of section 2929.14 of the Revised Code. Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and 2925.11 of the Revised Code, unless the maximum or another specific term is required under section 2929.14 or 2929.142 of the Revised Code, a mandatory prison term described in this division may be any prison term authorized for the level of offense except that if the offense is a felony of the first or second degree committed on or after March 22, 2019, a mandatory prison term described in this division may be one of the terms prescribed in division (A)(1)(a) or (2)(a) of section 2929.14 of the Revised Code, whichever is applicable, that is authorized as the minimum term for the offense.
(2) The term of sixty or one hundred twenty days in prison that a sentencing court is required to impose for a third or fourth degree felony OVI offense pursuant to division (G)(2) of section 2929.13 and division (G)(1)(d) or (e) of section 4511.19 of the Revised Code or the term of one, two, three, four, or five years in prison that a sentencing court is required to impose pursuant to division (G)(2) of section 2929.13 of the Revised Code.
(3) The term in prison imposed pursuant to division (A) of section 2971.03 of the Revised Code for the offenses and in the circumstances described in division (F)(11) of section 2929.13 of the Revised Code or pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code and that term as modified or terminated pursuant to section 2971.05 of the Revised Code.
(Y) "Monitored time" means a period of time during which an offender continues to be under the control of the sentencing court or parole board, subject to no conditions other than leading a law-abiding life.
(Z) "Offender" means a person who, in this state, is convicted of or pleads guilty to a felony or a misdemeanor.
(AA) "Prison" means a residential facility used for the confinement of convicted felony offenders that is under the control of the department of rehabilitation and correction and includes a violation sanction center operated under authority of section 2967.141 of the Revised Code.
(BB)(1) "Prison term" includes either of the following sanctions for an offender:
(a) A stated prison term;
(b)
A term in a prison shortened by, or with the approval of, the
sentencing court pursuant to section 2929.143, 2929.20, 2967.26,
5120.031,
5120.032, or 5120.073 of the Revised Code
or
shortened pursuant to section 2967.26 of the Revised Code.
(2) With respect to a non-life felony indefinite prison term, references in any provision of law to a reduction of, or deduction from, the prison term mean a reduction in, or deduction from, the minimum term imposed as part of the indefinite term.
(CC) "Repeat violent offender" means a person about whom both of the following apply:
(1) The person is being sentenced for committing or for complicity in committing any of the following:
(a) Aggravated murder, murder, any felony of the first or second degree that is an offense of violence, or an attempt to commit any of these offenses if the attempt is a felony of the first or second degree;
(b) An offense under an existing or former law of this state, another state, or the United States that is or was substantially equivalent to an offense described in division (CC)(1)(a) of this section.
(2) The person previously was convicted of or pleaded guilty to an offense described in division (CC)(1)(a) or (b) of this section.
(DD) "Sanction" means any penalty imposed upon an offender who is convicted of or pleads guilty to an offense, as punishment for the offense. "Sanction" includes any sanction imposed pursuant to any provision of sections 2929.14 to 2929.18 or 2929.24 to 2929.28 of the Revised Code.
(EE) "Sentence" means the sanction or combination of sanctions imposed by the sentencing court on an offender who is convicted of or pleads guilty to an offense.
(FF)(1) "Stated prison term" means the prison term, mandatory prison term, or combination of all prison terms and mandatory prison terms imposed by the sentencing court pursuant to section 2929.14, 2929.142, or 2971.03 of the Revised Code or under section 2919.25 of the Revised Code. "Stated prison term" includes any credit received by the offender for time spent in jail awaiting trial, sentencing, or transfer to prison for the offense and any time spent under house arrest or house arrest with electronic monitoring imposed after earning credits pursuant to section 2967.193 of the Revised Code. If an offender is serving a prison term as a risk reduction sentence under sections 2929.143 and 5120.036 of the Revised Code, "stated prison term" includes any period of time by which the prison term imposed upon the offender is shortened by the offender's successful completion of all assessment and treatment or programming pursuant to those sections.
(2) As used in the definition of "stated prison term" set forth in division (FF)(1) of this section, a prison term is a definite prison term imposed under section 2929.14 of the Revised Code or any other provision of law, is the minimum and maximum prison terms under a non-life felony indefinite prison term, or is a term of life imprisonment except to the extent that the use of that definition in a section of the Revised Code clearly is not intended to include a term of life imprisonment. With respect to an offender sentenced to a non-life felony indefinite prison term, references in section 2967.191 or 2967.193 of the Revised Code or any other provision of law to a reduction of, or deduction from, the offender's stated prison term or to release of the offender before the expiration of the offender's stated prison term mean a reduction in, or deduction from, the minimum term imposed as part of the indefinite term or a release of the offender before the expiration of that minimum term, references in section 2929.19 or 2967.28 of the Revised Code to a stated prison term with respect to a prison term imposed for a violation of a post-release control sanction mean the minimum term so imposed, and references in any provision of law to an offender's service of the offender's stated prison term or the expiration of the offender's stated prison term mean service or expiration of the minimum term so imposed plus any additional period of incarceration under the sentence that is required under section 2967.271 of the Revised Code.
(GG) "Victim-offender mediation" means a reconciliation or mediation program that involves an offender and the victim of the offense committed by the offender and that includes a meeting in which the offender and the victim may discuss the offense, discuss restitution, and consider other sanctions for the offense.
(HH) "Fourth degree felony OVI offense" means a violation of division (A) of section 4511.19 of the Revised Code that, under division (G) of that section, is a felony of the fourth degree.
(II) "Mandatory term of local incarceration" means the term of sixty or one hundred twenty days in a jail, a community-based correctional facility, a halfway house, or an alternative residential facility that a sentencing court may impose upon a person who is convicted of or pleads guilty to a fourth degree felony OVI offense pursuant to division (G)(1) of section 2929.13 of the Revised Code and division (G)(1)(d) or (e) of section 4511.19 of the Revised Code.
(JJ) "Designated homicide, assault, or kidnapping offense," "violent sex offense," "sexual motivation specification," "sexually violent offense," "sexually violent predator," and "sexually violent predator specification" have the same meanings as in section 2971.01 of the Revised Code.
(KK) "Sexually oriented offense," "child-victim oriented offense," and "tier III sex offender/child-victim offender" have the same meanings as in section 2950.01 of the Revised Code.
(LL) An offense is "committed in the vicinity of a child" if the offender commits the offense within thirty feet of or within the same residential unit as a child who is under eighteen years of age, regardless of whether the offender knows the age of the child or whether the offender knows the offense is being committed within thirty feet of or within the same residential unit as the child and regardless of whether the child actually views the commission of the offense.
(MM) "Family or household member" has the same meaning as in section 2919.25 of the Revised Code.
(NN) "Motor vehicle" and "manufactured home" have the same meanings as in section 4501.01 of the Revised Code.
(OO) "Detention" and "detention facility" have the same meanings as in section 2921.01 of the Revised Code.
(PP) "Third degree felony OVI offense" means a violation of division (A) of section 4511.19 of the Revised Code that, under division (G) of that section, is a felony of the third degree.
(QQ) "Random drug testing" has the same meaning as in section 5120.63 of the Revised Code.
(RR) "Felony sex offense" has the same meaning as in section 2967.28 of the Revised Code.
(SS) "Body armor" has the same meaning as in section 2941.1411 of the Revised Code.
(TT) "Electronic monitoring" means monitoring through the use of an electronic monitoring device.
(UU) "Electronic monitoring device" means any of the following:
(1) Any device that can be operated by electrical or battery power and that conforms with all of the following:
(a) The device has a transmitter that can be attached to a person, that will transmit a specified signal to a receiver of the type described in division (UU)(1)(b) of this section if the transmitter is removed from the person, turned off, or altered in any manner without prior court approval in relation to electronic monitoring or without prior approval of the department of rehabilitation and correction in relation to the use of an electronic monitoring device for an inmate on transitional control or otherwise is tampered with, that can transmit continuously and periodically a signal to that receiver when the person is within a specified distance from the receiver, and that can transmit an appropriate signal to that receiver if the person to whom it is attached travels a specified distance from that receiver.
(b) The device has a receiver that can receive continuously the signals transmitted by a transmitter of the type described in division (UU)(1)(a) of this section, can transmit continuously those signals by a wireless or landline telephone connection to a central monitoring computer of the type described in division (UU)(1)(c) of this section, and can transmit continuously an appropriate signal to that central monitoring computer if the device has been turned off or altered without prior court approval or otherwise tampered with. The device is designed specifically for use in electronic monitoring, is not a converted wireless phone or another tracking device that is clearly not designed for electronic monitoring, and provides a means of text-based or voice communication with the person.
(c) The device has a central monitoring computer that can receive continuously the signals transmitted by a wireless or landline telephone connection by a receiver of the type described in division (UU)(1)(b) of this section and can monitor continuously the person to whom an electronic monitoring device of the type described in division (UU)(1)(a) of this section is attached.
(2) Any device that is not a device of the type described in division (UU)(1) of this section and that conforms with all of the following:
(a) The device includes a transmitter and receiver that can monitor and determine the location of a subject person at any time, or at a designated point in time, through the use of a central monitoring computer or through other electronic means.
(b) The device includes a transmitter and receiver that can determine at any time, or at a designated point in time, through the use of a central monitoring computer or other electronic means the fact that the transmitter is turned off or altered in any manner without prior approval of the court in relation to the electronic monitoring or without prior approval of the department of rehabilitation and correction in relation to the use of an electronic monitoring device for an inmate on transitional control or otherwise is tampered with.
(3) Any type of technology that can adequately track or determine the location of a subject person at any time and that is approved by the director of rehabilitation and correction, including, but not limited to, any satellite technology, voice tracking system, or retinal scanning system that is so approved.
(VV) "Non-economic loss" means nonpecuniary harm suffered by a victim of an offense as a result of or related to the commission of the offense, including, but not limited to, pain and suffering; loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education; mental anguish; and any other intangible loss.
(WW) "Prosecutor" has the same meaning as in section 2935.01 of the Revised Code.
(XX) "Continuous alcohol monitoring" means the ability to automatically test and periodically transmit alcohol consumption levels and tamper attempts at least every hour, regardless of the location of the person who is being monitored.
(YY) A person is "adjudicated a sexually violent predator" if the person is convicted of or pleads guilty to a violent sex offense and also is convicted of or pleads guilty to a sexually violent predator specification that was included in the indictment, count in the indictment, or information charging that violent sex offense or if the person is convicted of or pleads guilty to a designated homicide, assault, or kidnapping offense and also is convicted of or pleads guilty to both a sexual motivation specification and a sexually violent predator specification that were included in the indictment, count in the indictment, or information charging that designated homicide, assault, or kidnapping offense.
(ZZ) An offense is "committed in proximity to a school" if the offender commits the offense in a school safety zone or within five hundred feet of any school building or the boundaries of any school premises, regardless of whether the offender knows the offense is being committed in a school safety zone or within five hundred feet of any school building or the boundaries of any school premises.
(AAA) "Human trafficking" means a scheme or plan to which all of the following apply:
(1) Its object is one or both of the following:
(a) To subject a victim or victims to involuntary servitude, as defined in section 2905.31 of the Revised Code or to compel a victim or victims to engage in sexual activity for hire, to engage in a performance that is obscene, sexually oriented, or nudity oriented, or to be a model or participant in the production of material that is obscene, sexually oriented, or nudity oriented;
(b) To facilitate, encourage, or recruit a victim who is a minor or is a person with a developmental disability, or victims who are minors or are persons with developmental disabilities, for any purpose listed in divisions (A)(2)(a) to (c) of section 2905.32 of the Revised Code.
(2) It involves at least two felony offenses, whether or not there has been a prior conviction for any of the felony offenses, to which all of the following apply:
(a) Each of the felony offenses is a violation of section 2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division (A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised Code or is a violation of a law of any state other than this state that is substantially similar to any of the sections or divisions of the Revised Code identified in this division.
(b) At least one of the felony offenses was committed in this state.
(c) The felony offenses are related to the same scheme or plan and are not isolated instances.
(BBB) "Material," "nudity," "obscene," "performance," and "sexual activity" have the same meanings as in section 2907.01 of the Revised Code.
(CCC) "Material that is obscene, sexually oriented, or nudity oriented" means any material that is obscene, that shows a person participating or engaging in sexual activity, masturbation, or bestiality, or that shows a person in a state of nudity.
(DDD) "Performance that is obscene, sexually oriented, or nudity oriented" means any performance that is obscene, that shows a person participating or engaging in sexual activity, masturbation, or bestiality, or that shows a person in a state of nudity.
(EEE) "Accelerant" means a fuel or oxidizing agent, such as an ignitable liquid, used to initiate a fire or increase the rate of growth or spread of a fire.
(FFF) "Permanent disabling harm" means serious physical harm that results in permanent injury to the intellectual, physical, or sensory functions and that permanently and substantially impairs a person's ability to meet one or more of the ordinary demands of life, including the functions of caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
(GGG) "Non-life felony indefinite prison term" means a prison term imposed under division (A)(1)(a) or (2)(a) of section 2929.14 and section 2929.144 of the Revised Code for a felony of the first or second degree committed on or after March 22, 2019.
Sec.
2929.11. (A)
A court that sentences an offender for a felony that
is not a capital offense and that is not an offense for which a
sentence of life imprisonment is to be imposed shall
be guided by the overriding purposes of felony sentencing.
The overriding purposes of felony sentencing,
which
are
to protect the public from future crime by the offender and others,
to punish the offender, and to reduce
recidivism and promote
the effective rehabilitation of the offender
using
the minimum sanctions that the court determines accomplish those
purposes without imposing an unnecessary burden on state or local
government resources
for
safe and successful reentry into this state's communities.
To
(B)
To
achieve
those
the
purposes
specified
in division (A) of this section,
the sentencing court shall consider the
nature and circumstances of the offense; the impact upon the victim;
the history, character, and condition of the offender; the
need for incapacitating the offender, deterring
the offender and others from future crime, rehabilitating
the offender, deterring
the offender and others from future crime, and
making restitution to the victim of the offense, the public, or both;
and any other factors the court considers relevant.
(B)(C)
A
sentence imposed on
an offender for
a felony shall be reasonably calculated to achieve the three
overriding purposes of felony sentencing set forth in division (A) of
this section, commensurate with and not demeaning to the seriousness
of the offender's conduct and its impact upon the victim, and
consistent with sentences imposed for similar crimes committed by
similar offenders.
(D) Divisions (A) to (C) of this section apply to all sentencing for all criminal violations of any law, ordinance, or resolution of this state or any political subdivision of this state that are a felony, except as otherwise provided in division (A) of this section, as this section is intended to operate uniformly throughout the state and constitutes a general law within the meaning of Ohio Constitution, Article XVIII, Section 3.
(C)(E)
A
court that imposes a sentence upon
on
an
offender for a felony shall not base the sentence upon the race,
ethnic background, gender, or religion of the offender.
Sec. 2929.12. (A) Unless otherwise required by section 2929.13 or 2929.14 of the Revised Code, a court that imposes a sentence under this chapter upon an offender for a felony has discretion to determine the most effective way to comply with the purposes and principles of sentencing set forth in section 2929.11 of the Revised Code. In exercising that discretion, the court shall consider the factors set forth in divisions (B) and (C) of this section relating to the seriousness of the conduct, the factors provided in divisions (D) and (E) of this section relating to the likelihood of the offender's recidivism, and the factors set forth in division (F) of this section pertaining to the offender's service in the armed forces of the United States and, in addition, may consider any other factors that are relevant to achieving those purposes and principles of sentencing.
Before imposing sentence on an offender, if two or more of the counts merge for purposes of sentencing, the court shall require the prosecutor to elect the charges to proceed on and shall impose sentence for the offenses under those charges.
(B) The sentencing court shall consider all of the following that apply regarding the offender, the offense, or the victim, and any other relevant factors, as indicating that the offender's conduct is more serious than conduct normally constituting the offense:
(1) The physical or mental injury suffered by the victim of the offense due to the conduct of the offender was exacerbated because of the physical or mental condition or age of the victim.
(2) The victim of the offense suffered serious physical, psychological, or economic harm as a result of the offense.
(3) The offender held a public office or position of trust in the community, and the offense related to that office or position.
(4) The offender's occupation, elected office, or profession obliged the offender to prevent the offense or bring others committing it to justice.
(5) The offender's professional reputation or occupation, elected office, or profession was used to facilitate the offense or is likely to influence the future conduct of others.
(6) The offender's relationship with the victim facilitated the offense.
(7) The offender committed the offense for hire or as a part of an organized criminal activity.
(8) In committing the offense, the offender was motivated by prejudice based on race, ethnic background, gender, sexual orientation, or religion.
(9) If the offense is a violation of section 2919.25 or a violation of section 2903.11, 2903.12, or 2903.13 of the Revised Code involving a person who was a family or household member at the time of the violation, the offender committed the offense in the vicinity of one or more children who are not victims of the offense, and the offender or the victim of the offense is a parent, guardian, custodian, or person in loco parentis of one or more of those children.
(C) The sentencing court shall consider all of the following that apply regarding the offender, the offense, or the victim, and any other relevant factors, as indicating that the offender's conduct is less serious than conduct normally constituting the offense:
(1) The victim induced or facilitated the offense.
(2) In committing the offense, the offender acted under strong provocation.
(3) In committing the offense, the offender did not cause or expect to cause physical harm to any person or property.
(4) There are substantial grounds to mitigate the offender's conduct, although the grounds are not enough to constitute a defense.
(D) The sentencing court shall consider all of the following that apply regarding the offender, and any other relevant factors, as factors indicating that the offender is likely to commit future crimes:
(1) At the time of committing the offense, the offender was under release from confinement before trial or sentencing; was under a sanction imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the Revised Code; was under post-release control pursuant to section 2967.28 or any other provision of the Revised Code for an earlier offense or had been unfavorably terminated from post-release control for a prior offense pursuant to division (B) of section 2967.16 or section 2929.141 of the Revised Code; was under transitional control in connection with a prior offense; or had absconded from the offender's approved community placement resulting in the offender's removal from the transitional control program under section 2967.26 of the Revised Code.
(2)
The offender previously was adjudicated a delinquent child
pursuant
to Chapter 2151. of the Revised Code prior to January 1, 2002, or
pursuant to Chapter 2152. of the Revised Code
or
unruly child,
or the offender has a history of criminal convictions.
(3)
The offender's
prior juvenile and adult treatment and sentencing records and
adjustment indicate that the offender
has not been rehabilitated to a satisfactory degree after previously
being
adjudicated a delinquent child
pursuant
to Chapter 2151. of the Revised Code prior to January 1, 2002, or
pursuant to Chapter 2152. of the Revised Code,
or
the
offender has
not responded favorably to sanctions previously imposed for criminal
convictions.
(4) The offender has demonstrated a pattern of drug or alcohol abuse that is related to the offense, and the offender refuses to acknowledge that the offender has demonstrated that pattern, or the offender refuses treatment for the drug or alcohol abuse.
(5) The offender shows no genuine remorse for the offense.
(E) The sentencing court shall consider all of the following that apply regarding the offender, and any other relevant factors, as factors indicating that the offender is not likely to commit future crimes:
(1) Prior to committing the offense, the offender had not been adjudicated a delinquent child or unruly child.
(2) Prior to committing the offense, the offender had not been convicted of or pleaded guilty to a criminal offense.
(3) Prior to committing the offense, the offender had led a law-abiding life for a significant number of years.
(4) The offense was committed under circumstances not likely to recur.
(5) The offender shows genuine remorse for the offense.
(F) The sentencing court shall consider the offender's military service record and whether the offender has an emotional, mental, or physical condition that is traceable to the offender's service in the armed forces of the United States and that was a contributing factor in the offender's commission of the offense or offenses.
Sec. 2929.121. (A) In all cases in which the offender's case was transferred to the court of common pleas for an offense committed when the offender was under eighteen years of age, in addition to the factors listed in section 2929.12 of the Revised Code, the court shall consider the juvenile offender's youthfulness as a mitigating factor when making a sentencing determination. The court also shall consider all of the following factors when sentencing any such juvenile offender whose case was so transferred:
(1) The character and record of the juvenile offender;
(2) The background and mental and emotional development of the juvenile offender;
(3) The juvenile offender's chronological age and the immaturity, impetuosity, and inability to appreciate the risks and consequences of the juvenile offender's actions, as are associated with youth;
(4) The family and home environment that surrounds the juvenile offender;
(5) The circumstances of the offense, including the extent of the juvenile offender's participation and the familial and peer pressure that may have affected the juvenile offender;
(6) The juvenile offender's relative ability to assert the juvenile offender's constitutional rights with police and prosecutors, or to assist the juvenile offender's attorney in the plea bargain or trial process;
(7) The juvenile offender's potential for rehabilitation;
(8) Whether the juvenile offender was the principal actor in the offense.
(B) In addition to the factors specified in division (A) of this section and in section 2929.12 of the Revised Code, with respect to offenses committed when an offender in the category described in division (A) of this section was under eighteen years of age, the sentencing court shall consider the reports of a presentence investigation made under section 2947.06 or 2951.03 of the Revised Code, which reports shall include a mental health evaluation conducted by a mental health professional licensed in this state to treat adolescents. The presentence investigation shall include the juvenile offender's developmental history, medical history, history of substance use and treatment, social history, mental health history and treatment history, and a psychological evaluation.
Sec. 2929.14. (A) Except as provided in division (B)(1), (B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (B)(9), (B)(10), (B)(11), (E), (G), (H), (J), or (K) of this section or in division (D)(6) of section 2919.25 of the Revised Code and except in relation to an offense for which a sentence of death or life imprisonment is to be imposed, if the court imposing a sentence upon an offender for a felony elects or is required to impose a prison term on the offender pursuant to this chapter, the court shall impose a prison term that shall be one of the following:
(1)(a)
For a felony of the first degree committed on or after
the
effective date of this amendment
March
22, 2019,
the prison term shall be an indefinite prison term with a stated
minimum term selected by the court of three, four, five, six, seven,
eight, nine, ten, or eleven years and a maximum term that is
determined pursuant to section 2929.144 of the Revised Code, except
that if the section that criminalizes the conduct constituting the
felony specifies a different minimum term or penalty for the offense,
the specific language of that section shall control in determining
the minimum term or otherwise sentencing the offender but the minimum
term or sentence imposed under that specific language shall be
considered for purposes of the Revised Code as if it had been imposed
under this division.
(b)
For a felony of the first degree committed prior to the
effective date of this amendment March
22, 2019,
the prison term shall be a definite prison term of three, four, five,
six, seven, eight, nine, ten, or eleven years.
(2)(a)
For a felony of the second degree committed on or after
the
effective date of this amendment
March
22, 2019,
the prison term shall be an indefinite prison term with a stated
minimum term selected by the court of two, three, four, five, six,
seven, or eight years and a maximum term that is determined pursuant
to section 2929.144 of the Revised Code, except that if the section
that criminalizes the conduct constituting the felony specifies a
different minimum term or penalty for the offense, the specific
language of that section shall control in determining the minimum
term or otherwise sentencing the offender but the minimum term or
sentence imposed under that specific language shall be considered for
purposes of the Revised Code as if it had been imposed under this
division.
(b)
For a felony of the second degree committed prior to
the
effective date of this amendment
March
22, 2019,
the prison term shall be a definite term of two, three, four, five,
six, seven, or eight years.
(3)(a)
For a felony of the third degree that is a violation of section
2903.06, 2903.08, 2907.03, 2907.04, 2907.05, 2907.321, 2907.322,
2907.323, or 3795.04 of the Revised Code,
that is a violation of section 4511.19 of the Revised Code if the
offender previously has been convicted of or pleaded guilty to a
violation of division (A) of that section that was a felony,
or
that is a violation of section 2911.02 or 2911.12
2911.04
of
the Revised Code if the offender previously has been convicted of or
pleaded guilty in two or more separate proceedings to two or more
violations of section 2911.01, 2911.02, 2911.11,
2911.03,
or
2911.12
2911.04
of
the Revised Code, the prison term shall be a definite term of twelve,
eighteen, twenty-four, thirty, thirty-six, forty-two, forty-eight,
fifty-four, or sixty months.
(b) For a felony of the third degree that is not an offense for which division (A)(3)(a) of this section applies, the prison term shall be a definite term of nine, twelve, eighteen, twenty-four, thirty, or thirty-six months.
(4) For a felony of the fourth degree, the prison term shall be a definite term of six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, or eighteen months.
(5) For a felony of the fifth degree, the prison term shall be a definite term of six, seven, eight, nine, ten, eleven, or twelve months.
(B)(1)(a) Except as provided in division (B)(1)(e) of this section, if an offender who is convicted of or pleads guilty to a felony also is convicted of or pleads guilty to a specification of the type described in section 2941.141, 2941.144, or 2941.145 of the Revised Code, the court shall impose on the offender one of the following prison terms:
(i) A prison term of six years if the specification is of the type described in division (A) of section 2941.144 of the Revised Code that charges the offender with having a firearm that is an automatic firearm or that was equipped with a firearm muffler or suppressor on or about the offender's person or under the offender's control while committing the offense;
(ii) A prison term of three years if the specification is of the type described in division (A) of section 2941.145 of the Revised Code that charges the offender with having a firearm on or about the offender's person or under the offender's control while committing the offense and displaying the firearm, brandishing the firearm, indicating that the offender possessed the firearm, or using it to facilitate the offense;
(iii) A prison term of one year if the specification is of the type described in division (A) of section 2941.141 of the Revised Code that charges the offender with having a firearm on or about the offender's person or under the offender's control while committing the offense;
(iv) A prison term of nine years if the specification is of the type described in division (D) of section 2941.144 of the Revised Code that charges the offender with having a firearm that is an automatic firearm or that was equipped with a firearm muffler or suppressor on or about the offender's person or under the offender's control while committing the offense and specifies that the offender previously has been convicted of or pleaded guilty to a specification of the type described in section 2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code;
(v) A prison term of fifty-four months if the specification is of the type described in division (D) of section 2941.145 of the Revised Code that charges the offender with having a firearm on or about the offender's person or under the offender's control while committing the offense and displaying the firearm, brandishing the firearm, indicating that the offender possessed the firearm, or using the firearm to facilitate the offense and that the offender previously has been convicted of or pleaded guilty to a specification of the type described in section 2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code;
(vi) A prison term of eighteen months if the specification is of the type described in division (D) of section 2941.141 of the Revised Code that charges the offender with having a firearm on or about the offender's person or under the offender's control while committing the offense and that the offender previously has been convicted of or pleaded guilty to a specification of the type described in section 2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code.
(b)
If a court imposes a prison term on an offender under division
(B)(1)(a) of this section, the prison term shall not be reduced
pursuant to section
2967.19, section
2929.20, section 2967.193, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code. Except as provided in division
(B)(1)(g) of this section, a court shall not impose more than one
prison term on an offender under division (B)(1)(a) of this section
for felonies committed as part of the same act or transaction.
(c)(i)
Except as provided in division (B)(1)(e) of this section, if an
offender who is convicted of or pleads guilty to a violation of
section 2923.161 of the Revised Code or to a felony that includes, as
an essential element, purposely or knowingly causing or attempting to
cause the death of or physical harm to another, also is convicted of
or pleads guilty to a specification of the type described in division
(A) of section 2941.146 of the Revised Code that charges the offender
with committing the offense by discharging a firearm from a motor
vehicle other than a manufactured home, the court, after imposing a
prison term on the offender for the violation of section 2923.161 of
the Revised Code or for the other felony offense under division (A),
(B)(2), or (B)(3) of this section, shall impose an additional prison
term of five years upon the offender that shall not be reduced
pursuant to section 2929.20, section
2967.19, section
2967.193, or any other provision of Chapter 2967. or Chapter 5120. of
the Revised Code.
(ii)
Except as provided in division (B)(1)(e) of this section, if an
offender who is convicted of or pleads guilty to a violation of
section 2923.161 of the Revised Code or to a felony that includes, as
an essential element, purposely or knowingly causing or attempting to
cause the death of or physical harm to another, also is convicted of
or pleads guilty to a specification of the type described in division
(C) of section 2941.146 of the Revised Code that charges the offender
with committing the offense by discharging a firearm from a motor
vehicle other than a manufactured home and that the offender
previously has been convicted of or pleaded guilty to a specification
of the type described in section 2941.141, 2941.144, 2941.145,
2941.146, or 2941.1412 of the Revised Code, the court, after imposing
a prison term on the offender for the violation of section 2923.161
of the Revised Code or for the other felony offense under division
(A), (B)(2), or (3) of this section, shall impose an additional
prison term of ninety months upon the offender that shall not be
reduced pursuant to section 2929.20, 2967.19,
section
2967.193,
or any other provision of Chapter 2967. or Chapter 5120. of the
Revised Code.
(iii) A court shall not impose more than one additional prison term on an offender under division (B)(1)(c) of this section for felonies committed as part of the same act or transaction. If a court imposes an additional prison term on an offender under division (B)(1)(c) of this section relative to an offense, the court also shall impose a prison term under division (B)(1)(a) of this section relative to the same offense, provided the criteria specified in that division for imposing an additional prison term are satisfied relative to the offender and the offense.
(d)
If an offender who is convicted of or pleads guilty to an offense of
violence that is a felony also is convicted of or pleads guilty to a
specification of the type described in section 2941.1411 of the
Revised Code that charges the offender with wearing or carrying body
armor while committing the felony offense of violence, the court
shall impose on the offender an additional prison term of two years.
The prison term so imposed,
subject to divisions (C) to (I) of section 2967.19 of the Revised
Code,
shall
not be reduced pursuant to section 2929.20, section
2967.19, section
2967.193, or any other provision of Chapter 2967. or Chapter 5120. of
the Revised Code. A court shall not impose more than one prison term
on an offender under division (B)(1)(d) of this section for felonies
committed as part of the same act or transaction. If a court imposes
an additional prison term under division (B)(1)(a) or (c) of this
section, the court is not precluded from imposing an additional
prison term under division (B)(1)(d) of this section.
(e) The court shall not impose any of the prison terms described in division (B)(1)(a) of this section or any of the additional prison terms described in division (B)(1)(c) of this section upon an offender for a violation of section 2923.12 or 2923.123 of the Revised Code. The court shall not impose any of the prison terms described in division (B)(1)(a) or (b) of this section upon an offender for a violation of section 2923.122 that involves a deadly weapon that is a firearm other than a dangerous ordnance, section 2923.16, or section 2923.121 of the Revised Code. The court shall not impose any of the prison terms described in division (B)(1)(a) of this section or any of the additional prison terms described in division (B)(1)(c) of this section upon an offender for a violation of section 2923.13 of the Revised Code unless all of the following apply:
(i) The offender previously has been convicted of aggravated murder, murder, or any felony of the first or second degree.
(ii) Less than five years have passed since the offender was released from prison or post-release control, whichever is later, for the prior offense.
(f)(i)
If an offender is convicted of or pleads guilty to a felony that
includes, as an essential element, causing or attempting to cause the
death of or physical harm to another and also is convicted of or
pleads guilty to a specification of the type described in division
(A) of section 2941.1412 of the Revised Code that charges the
offender with committing the offense by discharging a firearm at a
peace officer as defined in section 2935.01 of the Revised Code or a
corrections officer, as defined in section 2941.1412 of the Revised
Code, the court, after imposing a prison term on the offender for the
felony offense under division (A), (B)(2), or (B)(3) of this section,
shall impose an additional prison term of seven years upon the
offender that shall not be reduced pursuant to section 2929.20,
section
2967.19, section
2967.193, or any other provision of Chapter 2967. or Chapter 5120. of
the Revised Code.
(ii)
If an offender is convicted of or pleads guilty to a felony that
includes, as an essential element, causing or attempting to cause the
death of or physical harm to another and also is convicted of or
pleads guilty to a specification of the type described in division
(B) of section 2941.1412 of the Revised Code that charges the
offender with committing the offense by discharging a firearm at a
peace officer, as defined in section 2935.01 of the Revised Code, or
a corrections officer, as defined in section 2941.1412 of the Revised
Code, and that the offender previously has been convicted of or
pleaded guilty to a specification of the type described in section
2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised
Code, the court, after imposing a prison term on the offender for the
felony offense under division (A), (B)(2), or (3) of this section,
shall impose an additional prison term of one hundred twenty-six
months upon the offender that shall not be reduced pursuant to
section 2929.20,
2967.19,
section
2967.193,
or any other provision of Chapter 2967. or 5120. of
the
Revised Code.
(iii) If an offender is convicted of or pleads guilty to two or more felonies that include, as an essential element, causing or attempting to cause the death or physical harm to another and also is convicted of or pleads guilty to a specification of the type described under division (B)(1)(f) of this section in connection with two or more of the felonies of which the offender is convicted or to which the offender pleads guilty, the sentencing court shall impose on the offender the prison term specified under division (B)(1)(f) of this section for each of two of the specifications of which the offender is convicted or to which the offender pleads guilty and, in its discretion, also may impose on the offender the prison term specified under that division for any or all of the remaining specifications. If a court imposes an additional prison term on an offender under division (B)(1)(f) of this section relative to an offense, the court shall not impose a prison term under division (B)(1)(a) or (c) of this section relative to the same offense.
(g) If an offender is convicted of or pleads guilty to two or more felonies, if one or more of those felonies are aggravated murder, murder, attempted aggravated murder, attempted murder, aggravated robbery, felonious assault, or rape, and if the offender is convicted of or pleads guilty to a specification of the type described under division (B)(1)(a) of this section in connection with two or more of the felonies, the sentencing court shall impose on the offender the prison term specified under division (B)(1)(a) of this section for each of the two most serious specifications of which the offender is convicted or to which the offender pleads guilty and, in its discretion, also may impose on the offender the prison term specified under that division for any or all of the remaining specifications.
(2)(a) If division (B)(2)(b) of this section does not apply, the court may impose on an offender, in addition to the longest prison term authorized or required for the offense or, for offenses for which division (A)(1)(a) or (2)(a) of this section applies, in addition to the longest minimum prison term authorized or required for the offense, an additional definite prison term of one, two, three, four, five, six, seven, eight, nine, or ten years if all of the following criteria are met:
(i) The offender is convicted of or pleads guilty to a specification of the type described in section 2941.149 of the Revised Code that the offender is a repeat violent offender.
(ii) The offense of which the offender currently is convicted or to which the offender currently pleads guilty is aggravated murder and the court does not impose a sentence of death or life imprisonment without parole, murder, terrorism and the court does not impose a sentence of life imprisonment without parole, any felony of the first degree that is an offense of violence and the court does not impose a sentence of life imprisonment without parole, or any felony of the second degree that is an offense of violence and the trier of fact finds that the offense involved an attempt to cause or a threat to cause serious physical harm to a person or resulted in serious physical harm to a person.
(iii) The court imposes the longest prison term for the offense or the longest minimum prison term for the offense, whichever is applicable, that is not life imprisonment without parole.
(iv) The court finds that the prison terms imposed pursuant to division (B)(2)(a)(iii) of this section and, if applicable, division (B)(1) or (3) of this section are inadequate to punish the offender and protect the public from future crime, because the applicable factors under section 2929.12 of the Revised Code indicating a greater likelihood of recidivism outweigh the applicable factors under that section indicating a lesser likelihood of recidivism.
(v) The court finds that the prison terms imposed pursuant to division (B)(2)(a)(iii) of this section and, if applicable, division (B)(1) or (3) of this section are demeaning to the seriousness of the offense, because one or more of the factors under section 2929.12 of the Revised Code indicating that the offender's conduct is more serious than conduct normally constituting the offense are present, and they outweigh the applicable factors under that section indicating that the offender's conduct is less serious than conduct normally constituting the offense.
(b) The court shall impose on an offender the longest prison term authorized or required for the offense or, for offenses for which division (A)(1)(a) or (2)(a) of this section applies, the longest minimum prison term authorized or required for the offense, and shall impose on the offender an additional definite prison term of one, two, three, four, five, six, seven, eight, nine, or ten years if all of the following criteria are met:
(i) The offender is convicted of or pleads guilty to a specification of the type described in section 2941.149 of the Revised Code that the offender is a repeat violent offender.
(ii) The offender within the preceding twenty years has been convicted of or pleaded guilty to three or more offenses described in division (CC)(1) of section 2929.01 of the Revised Code, including all offenses described in that division of which the offender is convicted or to which the offender pleads guilty in the current prosecution and all offenses described in that division of which the offender previously has been convicted or to which the offender previously pleaded guilty, whether prosecuted together or separately.
(iii) The offense or offenses of which the offender currently is convicted or to which the offender currently pleads guilty is aggravated murder and the court does not impose a sentence of death or life imprisonment without parole, murder, terrorism and the court does not impose a sentence of life imprisonment without parole, any felony of the first degree that is an offense of violence and the court does not impose a sentence of life imprisonment without parole, or any felony of the second degree that is an offense of violence and the trier of fact finds that the offense involved an attempt to cause or a threat to cause serious physical harm to a person or resulted in serious physical harm to a person.
(c) For purposes of division (B)(2)(b) of this section, two or more offenses committed at the same time or as part of the same act or event shall be considered one offense, and that one offense shall be the offense with the greatest penalty.
(d)
A sentence imposed under division (B)(2)(a) or (b) of this section
shall not be reduced pursuant to section 2929.20, section
2967.19, or section
2967.193, or any other provision of Chapter 2967. or Chapter 5120. of
the Revised Code. The offender shall serve an additional prison term
imposed under division (B)(2)(a) or (b) of this section consecutively
to and prior to the prison term imposed for the underlying offense.
(e) When imposing a sentence pursuant to division (B)(2)(a) or (b) of this section, the court shall state its findings explaining the imposed sentence.
(3)
Except when an offender commits a violation of section 2903.01 or
2907.02 of the Revised Code and the penalty imposed for the violation
is life imprisonment or commits a violation of section 2903.02 of the
Revised Code, if the offender commits a violation of section 2925.03
or 2925.11 of the Revised Code and that section classifies the
offender as a major drug offender, if the offender commits a
violation of section 2925.05 of the Revised Code and division (E)(1)
of that section classifies the offender as a major drug offender, if
the offender commits a felony violation of section 2925.02, 2925.04,
2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 4729.37, or
4729.61, division (C) or (D) of section 3719.172, division (E) of
section 4729.51, or division (J) of section 4729.54 of the Revised
Code that includes the sale, offer to sell, or possession of a
schedule I or II controlled substance, with the exception of
marihuana, and the court imposing sentence upon the offender finds
that the offender is guilty of a specification of the type described
in division (A) of section 2941.1410 of the Revised Code charging
that the offender is a major drug offender, if the court imposing
sentence upon an offender for a felony finds that the offender is
guilty of corrupt activity with the most serious offense in the
pattern of corrupt activity being a felony of the first degree, or if
the offender is guilty of an attempted violation of section 2907.02
of the Revised Code and, had the offender completed the violation of
section 2907.02 of the Revised Code that was attempted, the offender
would have been subject to a sentence of life imprisonment or life
imprisonment without parole for the violation of section 2907.02 of
the Revised Code, the court shall impose upon the offender for the
felony violation a mandatory prison term determined as described in
this division that,
subject to divisions (C) to (I) of section 2967.19 of the Revised
Code,
cannot
be reduced pursuant to section 2929.20,
section 2967.19,
or
any other provision of Chapter 2967. or 5120. of the Revised Code.
The mandatory prison term shall be the maximum definite prison term
prescribed in division (A)(1)(b) of this section for a felony of the
first degree, except that for offenses for which division (A)(1)(a)
of this section applies, the mandatory prison term shall be the
longest minimum prison term prescribed in that division for the
offense.
(4) If the offender is being sentenced for a third or fourth degree felony OVI offense under division (G)(2) of section 2929.13 of the Revised Code, the sentencing court shall impose upon the offender a mandatory prison term in accordance with that division. In addition to the mandatory prison term, if the offender is being sentenced for a fourth degree felony OVI offense, the court, notwithstanding division (A)(4) of this section, may sentence the offender to a definite prison term of not less than six months and not more than thirty months, and if the offender is being sentenced for a third degree felony OVI offense, the sentencing court may sentence the offender to an additional prison term of any duration specified in division (A)(3) of this section. In either case, the additional prison term imposed shall be reduced by the sixty or one hundred twenty days imposed upon the offender as the mandatory prison term. The total of the additional prison term imposed under division (B)(4) of this section plus the sixty or one hundred twenty days imposed as the mandatory prison term shall equal a definite term in the range of six months to thirty months for a fourth degree felony OVI offense and shall equal one of the authorized prison terms specified in division (A)(3) of this section for a third degree felony OVI offense. If the court imposes an additional prison term under division (B)(4) of this section, the offender shall serve the additional prison term after the offender has served the mandatory prison term required for the offense. In addition to the mandatory prison term or mandatory and additional prison term imposed as described in division (B)(4) of this section, the court also may sentence the offender to a community control sanction under section 2929.16 or 2929.17 of the Revised Code, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction.
If the offender is being sentenced for a fourth degree felony OVI offense under division (G)(1) of section 2929.13 of the Revised Code and the court imposes a mandatory term of local incarceration, the court may impose a prison term as described in division (A)(1) of that section.
(5)
If an offender is convicted of or pleads guilty to a violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code and
also is convicted of or pleads guilty to a specification of the type
described in section 2941.1414 of the Revised Code that charges that
the victim of the offense is a peace officer, as defined in section
2935.01 of the Revised Code, or an investigator of the bureau of
criminal identification and investigation, as defined in section
2903.11 of the Revised Code, the court shall impose on the offender a
prison term of five years. If a court imposes a prison term on an
offender under division (B)(5) of this section, the prison term,
subject to divisions (C) to (I) of section 2967.19 of the Revised
Code,
shall
not be reduced pursuant to section 2929.20, section
2967.19, section
2967.193, or any other provision of Chapter 2967. or Chapter 5120. of
the Revised Code. A court shall not impose more than one prison term
on an offender under division (B)(5) of this section for felonies
committed as part of the same act.
(6)
If an offender is convicted of or pleads guilty to a violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code and
also is convicted of or pleads guilty to a specification of the type
described in section 2941.1415 of the Revised Code that charges that
the offender previously has been convicted of or pleaded guilty to
three or more violations of division (A) or (B) of section 4511.19 of
the Revised Code or an equivalent offense, as defined in section
2941.1415 of the Revised Code, or three or more violations of any
combination of those divisions and offenses, the court shall impose
on the offender a prison term of three years. If a court imposes a
prison term on an offender under division (B)(6) of this section, the
prison term,
subject to divisions (C) to (I) of section 2967.19 of the Revised
Code,
shall
not be reduced pursuant to section 2929.20, section
2967.19, section
2967.193, or any other provision of Chapter 2967. or Chapter 5120. of
the Revised Code. A court shall not impose more than one prison term
on an offender under division (B)(6) of this section for felonies
committed as part of the same act.
(7)(a) If an offender is convicted of or pleads guilty to a felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or 2923.32, division (A)(1) or (2) of section 2907.323 involving a minor, or division (B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised Code and also is convicted of or pleads guilty to a specification of the type described in section 2941.1422 of the Revised Code that charges that the offender knowingly committed the offense in furtherance of human trafficking, the court shall impose on the offender a mandatory prison term that is one of the following:
(i)
If the offense is a felony of the first degree, a definite prison
term of not less than five years and not greater than eleven years,
except that if the offense is a felony of the first degree committed
on or after
the
effective date of this amendment
March
22, 2019,
the court shall impose as the minimum prison term a mandatory term of
not less than five years and not greater than eleven years;
(ii)
If the offense is a felony of the second or third degree, a definite
prison term of not less than three years and not greater than the
maximum prison term allowed for the offense by division (A)(2)(b) or
(3) of this section, except that if the offense is a felony of the
second degree committed on or after
the
effective date of this amendment
March
22, 2019,
the court shall impose as the minimum prison term a mandatory term of
not less than three years and not greater than eight years;
(iii) If the offense is a felony of the fourth or fifth degree, a definite prison term that is the maximum prison term allowed for the offense by division (A) of section 2929.14 of the Revised Code.
(b)
Subject
to divisions (C) to (I) of section 2967.19 of the Revised Code, the
The
prison
term imposed under division (B)(7)(a) of this section shall not be
reduced pursuant to section 2929.20, section
2967.19, section
2967.193, or any other provision of Chapter 2967. of the Revised
Code. A court shall not impose more than one prison term on an
offender under division (B)(7)(a) of this section for felonies
committed as part of the same act, scheme, or plan.
(8)
If an offender is convicted of or pleads guilty to a felony violation
of section 2903.11, 2903.12, or 2903.13 of the Revised Code and also
is convicted of or pleads guilty to a specification of the type
described in section 2941.1423 of the Revised Code that charges that
the victim of the violation was a woman whom the offender knew was
pregnant at the time of the violation, notwithstanding the range
prescribed in division (A) of this section as the definite prison
term or minimum prison term for felonies of the same degree as the
violation, the court shall impose on the offender a mandatory prison
term that is either a definite prison term of six months or one of
the prison terms prescribed in division (A) of this section for
felonies of the same degree as the violation, except that if the
violation is a felony of the first or second degree committed on or
after the
effective date of this amendment
March
22, 2019,
the court shall impose as the minimum prison term under division
(A)(1)(a) or (2)(a) of this section a mandatory term that is one of
the terms prescribed in that division, whichever is applicable, for
the offense.
(9)(a) If an offender is convicted of or pleads guilty to a violation of division (A)(1) or (2) of section 2903.11 of the Revised Code and also is convicted of or pleads guilty to a specification of the type described in section 2941.1425 of the Revised Code, the court shall impose on the offender a mandatory prison term of six years if either of the following applies:
(i) The violation is a violation of division (A)(1) of section 2903.11 of the Revised Code and the specification charges that the offender used an accelerant in committing the violation and the serious physical harm to another or to another's unborn caused by the violation resulted in a permanent, serious disfigurement or permanent, substantial incapacity;
(ii) The violation is a violation of division (A)(2) of section 2903.11 of the Revised Code and the specification charges that the offender used an accelerant in committing the violation, that the violation caused physical harm to another or to another's unborn, and that the physical harm resulted in a permanent, serious disfigurement or permanent, substantial incapacity.
(b)
If a court imposes a prison term on an offender under division
(B)(9)(a) of this section, the prison term shall not be reduced
pursuant to section 2929.20, section
2967.19, section
2967.193, or any other provision of Chapter 2967. or Chapter 5120. of
the Revised Code. A court shall not impose more than one prison term
on an offender under division (B)(9) of this section for felonies
committed as part of the same act.
(c)
The provisions of divisions (B)(9) and (C)(6) of this section and of
division (D)(2) of section 2903.11, division (F)(20)
(19)
of
section 2929.13, and section 2941.1425 of the Revised Code shall be
known as "Judy's Law."
(10) If an offender is convicted of or pleads guilty to a violation of division (A) of section 2903.11 of the Revised Code and also is convicted of or pleads guilty to a specification of the type described in section 2941.1426 of the Revised Code that charges that the victim of the offense suffered permanent disabling harm as a result of the offense and that the victim was under ten years of age at the time of the offense, regardless of whether the offender knew the age of the victim, the court shall impose upon the offender an additional definite prison term of six years. A prison term imposed on an offender under division (B)(10) of this section shall not be reduced pursuant to section 2929.20, section 2967.193, or any other provision of Chapter 2967. or Chapter 5120. of the Revised Code. If a court imposes an additional prison term on an offender under this division relative to a violation of division (A) of section 2903.11 of the Revised Code, the court shall not impose any other additional prison term on the offender relative to the same offense.
(11)
If an offender is convicted of or pleads guilty to a felony violation
of section 2925.03 or 2925.05 of the Revised Code or a felony
violation of section 2925.11 of the Revised Code for which division
(C)(11) of that section applies in determining the sentence for the
violation, if the drug involved in the violation is a
fentanyl-related compound or a compound, mixture, preparation, or
substance containing a fentanyl-related compound, and if the offender
also is convicted of or pleads guilty to a specification of the type
described in division (B) of section 2941.1410 of the Revised Code
that charges that the offender is a major drug offender, in addition
to any other penalty imposed for the violation, the court shall
impose on the offender a mandatory prison term of three, four, five,
six, seven, or eight years. If a court imposes a prison term on an
offender under division (B)(11) of this section, the prison term,
subject to divisions (C) to (I) of section 2967.19 of the Revised
Code,
shall
not be reduced pursuant to section 2929.20,
2967.19,
or
section
2967.193,
or any other provision of Chapter 2967. or 5120. of the Revised Code.
A court shall not impose more than one prison term on an offender
under division (B)(11) of this section for felonies committed as part
of the same act.
(C)(1)(a) Subject to division (C)(1)(b) of this section, if a mandatory prison term is imposed upon an offender pursuant to division (B)(1)(a) of this section for having a firearm on or about the offender's person or under the offender's control while committing a felony, if a mandatory prison term is imposed upon an offender pursuant to division (B)(1)(c) of this section for committing a felony specified in that division by discharging a firearm from a motor vehicle, or if both types of mandatory prison terms are imposed, the offender shall serve any mandatory prison term imposed under either division consecutively to any other mandatory prison term imposed under either division or under division (B)(1)(d) of this section, consecutively to and prior to any prison term imposed for the underlying felony pursuant to division (A), (B)(2), or (B)(3) of this section or any other section of the Revised Code, and consecutively to any other prison term or mandatory prison term previously or subsequently imposed upon the offender.
(b) If a mandatory prison term is imposed upon an offender pursuant to division (B)(1)(d) of this section for wearing or carrying body armor while committing an offense of violence that is a felony, the offender shall serve the mandatory term so imposed consecutively to any other mandatory prison term imposed under that division or under division (B)(1)(a) or (c) of this section, consecutively to and prior to any prison term imposed for the underlying felony under division (A), (B)(2), or (B)(3) of this section or any other section of the Revised Code, and consecutively to any other prison term or mandatory prison term previously or subsequently imposed upon the offender.
(c) If a mandatory prison term is imposed upon an offender pursuant to division (B)(1)(f) of this section, the offender shall serve the mandatory prison term so imposed consecutively to and prior to any prison term imposed for the underlying felony under division (A), (B)(2), or (B)(3) of this section or any other section of the Revised Code, and consecutively to any other prison term or mandatory prison term previously or subsequently imposed upon the offender.
(d) If a mandatory prison term is imposed upon an offender pursuant to division (B)(7) or (8) of this section, the offender shall serve the mandatory prison term so imposed consecutively to any other mandatory prison term imposed under that division or under any other provision of law and consecutively to any other prison term or mandatory prison term previously or subsequently imposed upon the offender.
(e) If a mandatory prison term is imposed upon an offender pursuant to division (B)(11) of this section, the offender shall serve the mandatory prison term consecutively to any other mandatory prison term imposed under that division, consecutively to and prior to any prison term imposed for the underlying felony, and consecutively to any other prison term or mandatory prison term previously or subsequently imposed upon the offender.
(2) If an offender who is an inmate in a jail, prison, or other residential detention facility violates section 2917.02, 2917.03, or 2921.35 of the Revised Code or division (A)(1) or (2) of section 2921.34 of the Revised Code, if an offender who is under detention at a detention facility commits a felony violation of section 2923.131 of the Revised Code, or if an offender who is an inmate in a jail, prison, or other residential detention facility or is under detention at a detention facility commits another felony while the offender is an escapee in violation of division (A)(1) or (2) of section 2921.34 of the Revised Code, any prison term imposed upon the offender for one of those violations shall be served by the offender consecutively to the prison term or term of imprisonment the offender was serving when the offender committed that offense and to any other prison term previously or subsequently imposed upon the offender.
(3) If a prison term is imposed for a violation of division (B) of section 2911.01 of the Revised Code, a violation of division (A) of section 2913.02 of the Revised Code in which the stolen property is a firearm or dangerous ordnance, or a felony violation of division (B) of section 2921.331 of the Revised Code, the offender shall serve that prison term consecutively to any other prison term or mandatory prison term previously or subsequently imposed upon the offender.
(4) If multiple prison terms are imposed on an offender for convictions of multiple offenses, the court may require the offender to serve the prison terms consecutively if the court finds that the consecutive service is necessary to protect the public from future crime or to punish the offender and that consecutive sentences are not disproportionate to the seriousness of the offender's conduct and to the danger the offender poses to the public, and if the court also finds any of the following:
(a) The offender committed one or more of the multiple offenses while the offender was awaiting trial or sentencing, was under a sanction imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the Revised Code, or was under post-release control for a prior offense.
(b) At least two of the multiple offenses were committed as part of one or more courses of conduct, and the harm caused by two or more of the multiple offenses so committed was so great or unusual that no single prison term for any of the offenses committed as part of any of the courses of conduct adequately reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender.
(5) If a mandatory prison term is imposed upon an offender pursuant to division (B)(5) or (6) of this section, the offender shall serve the mandatory prison term consecutively to and prior to any prison term imposed for the underlying violation of division (A)(1) or (2) of section 2903.06 of the Revised Code pursuant to division (A) of this section or section 2929.142 of the Revised Code. If a mandatory prison term is imposed upon an offender pursuant to division (B)(5) of this section, and if a mandatory prison term also is imposed upon the offender pursuant to division (B)(6) of this section in relation to the same violation, the offender shall serve the mandatory prison term imposed pursuant to division (B)(5) of this section consecutively to and prior to the mandatory prison term imposed pursuant to division (B)(6) of this section and consecutively to and prior to any prison term imposed for the underlying violation of division (A)(1) or (2) of section 2903.06 of the Revised Code pursuant to division (A) of this section or section 2929.142 of the Revised Code.
(6) If a mandatory prison term is imposed on an offender pursuant to division (B)(9) of this section, the offender shall serve the mandatory prison term consecutively to and prior to any prison term imposed for the underlying violation of division (A)(1) or (2) of section 2903.11 of the Revised Code and consecutively to and prior to any other prison term or mandatory prison term previously or subsequently imposed on the offender.
(7) If a mandatory prison term is imposed on an offender pursuant to division (B)(10) of this section, the offender shall serve that mandatory prison term consecutively to and prior to any prison term imposed for the underlying felonious assault. Except as otherwise provided in division (C) of this section, any other prison term or mandatory prison term previously or subsequently imposed upon the offender may be served concurrently with, or consecutively to, the prison term imposed pursuant to division (B)(10) of this section.
(8) Any prison term imposed for a violation of section 2903.04 of the Revised Code that is based on a violation of section 2925.03 or 2925.11 of the Revised Code or on a violation of section 2925.05 of the Revised Code that is not funding of marihuana trafficking shall run consecutively to any prison term imposed for the violation of section 2925.03 or 2925.11 of the Revised Code or for the violation of section 2925.05 of the Revised Code that is not funding of marihuana trafficking.
(9) When consecutive prison terms are imposed pursuant to division (C)(1), (2), (3), (4), (5), (6), (7), or (8) or division (H)(1) or (2) of this section, subject to division (C)(10) of this section, the term to be served is the aggregate of all of the terms so imposed.
(10) When a court sentences an offender to a non-life felony indefinite prison term, any definite prison term or mandatory definite prison term previously or subsequently imposed on the offender in addition to that indefinite sentence that is required to be served consecutively to that indefinite sentence shall be served prior to the indefinite sentence.
(11) If a court is sentencing an offender for a felony of the first or second degree, if division (A)(1)(a) or (2)(a) of this section applies with respect to the sentencing for the offense, and if the court is required under the Revised Code section that sets forth the offense or any other Revised Code provision to impose a mandatory prison term for the offense, the court shall impose the required mandatory prison term as the minimum term imposed under division (A)(1)(a) or (2)(a) of this section, whichever is applicable.
(D)(1) If a court imposes a prison term, other than a term of life imprisonment, for a felony of the first degree, for a felony of the second degree, for a felony sex offense, or for a felony of the third degree that is an offense of violence and that is not a felony sex offense, it shall include in the sentence a requirement that the offender be subject to a period of post-release control after the offender's release from imprisonment, in accordance with section 2967.28 of the Revised Code. If a court imposes a sentence including a prison term of a type described in this division on or after July 11, 2006, the failure of a court to include a post-release control requirement in the sentence pursuant to this division does not negate, limit, or otherwise affect the mandatory period of post-release control that is required for the offender under division (B) of section 2967.28 of the Revised Code. Section 2929.191 of the Revised Code applies if, prior to July 11, 2006, a court imposed a sentence including a prison term of a type described in this division and failed to include in the sentence pursuant to this division a statement regarding post-release control.
(2) If a court imposes a prison term for a felony of the third, fourth, or fifth degree that is not subject to division (D)(1) of this section, it shall include in the sentence a requirement that the offender be subject to a period of post-release control after the offender's release from imprisonment, in accordance with that division, if the parole board determines that a period of post-release control is necessary. Section 2929.191 of the Revised Code applies if, prior to July 11, 2006, a court imposed a sentence including a prison term of a type described in this division and failed to include in the sentence pursuant to this division a statement regarding post-release control.
(E) The court shall impose sentence upon the offender in accordance with section 2971.03 of the Revised Code, and Chapter 2971. of the Revised Code applies regarding the prison term or term of life imprisonment without parole imposed upon the offender and the service of that term of imprisonment if any of the following apply:
(1) A person is convicted of or pleads guilty to a violent sex offense or a designated homicide, assault, or kidnapping offense, and, in relation to that offense, the offender is adjudicated a sexually violent predator.
(2) A person is convicted of or pleads guilty to a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after January 2, 2007, and either the court does not impose a sentence of life without parole when authorized pursuant to division (B) of section 2907.02 of the Revised Code, or division (B) of section 2907.02 of the Revised Code provides that the court shall not sentence the offender pursuant to section 2971.03 of the Revised Code.
(3) A person is convicted of or pleads guilty to attempted rape committed on or after January 2, 2007, and a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code.
(4) A person is convicted of or pleads guilty to a violation of section 2905.01 of the Revised Code committed on or after January 1, 2008, and that section requires the court to sentence the offender pursuant to section 2971.03 of the Revised Code.
(5) A person is convicted of or pleads guilty to aggravated murder committed on or after January 1, 2008, and division (A)(2)(b)(ii) of section 2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1)(a)(iv) of section 2929.03, or division (A) or (B) of section 2929.06 of the Revised Code requires the court to sentence the offender pursuant to division (B)(3) of section 2971.03 of the Revised Code.
(6) A person is convicted of or pleads guilty to murder committed on or after January 1, 2008, and division (B)(2) of section 2929.02 of the Revised Code requires the court to sentence the offender pursuant to section 2971.03 of the Revised Code.
(F) If a person who has been convicted of or pleaded guilty to a felony is sentenced to a prison term or term of imprisonment under this section, sections 2929.02 to 2929.06 of the Revised Code, section 2929.142 of the Revised Code, section 2971.03 of the Revised Code, or any other provision of law, section 5120.163 of the Revised Code applies regarding the person while the person is confined in a state correctional institution.
(G) If an offender who is convicted of or pleads guilty to a felony that is an offense of violence also is convicted of or pleads guilty to a specification of the type described in section 2941.142 of the Revised Code that charges the offender with having committed the felony while participating in a criminal gang, the court shall impose upon the offender an additional prison term of one, two, or three years.
(H)(1) If an offender who is convicted of or pleads guilty to aggravated murder, murder, or a felony of the first, second, or third degree that is an offense of violence also is convicted of or pleads guilty to a specification of the type described in section 2941.143 of the Revised Code that charges the offender with having committed the offense in a school safety zone or towards a person in a school safety zone, the court shall impose upon the offender an additional prison term of two years. The offender shall serve the additional two years consecutively to and prior to the prison term imposed for the underlying offense.
(2)(a) If an offender is convicted of or pleads guilty to a felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25 of the Revised Code and to a specification of the type described in section 2941.1421 of the Revised Code and if the court imposes a prison term on the offender for the felony violation, the court may impose upon the offender an additional prison term as follows:
(i) Subject to division (H)(2)(a)(ii) of this section, an additional prison term of one, two, three, four, five, or six months;
(ii) If the offender previously has been convicted of or pleaded guilty to one or more felony or misdemeanor violations of section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the Revised Code and also was convicted of or pleaded guilty to a specification of the type described in section 2941.1421 of the Revised Code regarding one or more of those violations, an additional prison term of one, two, three, four, five, six, seven, eight, nine, ten, eleven, or twelve months.
(b) In lieu of imposing an additional prison term under division (H)(2)(a) of this section, the court may directly impose on the offender a sanction that requires the offender to wear a real-time processing, continual tracking electronic monitoring device during the period of time specified by the court. The period of time specified by the court shall equal the duration of an additional prison term that the court could have imposed upon the offender under division (H)(2)(a) of this section. A sanction imposed under this division shall commence on the date specified by the court, provided that the sanction shall not commence until after the offender has served the prison term imposed for the felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25 of the Revised Code and any residential sanction imposed for the violation under section 2929.16 of the Revised Code. A sanction imposed under this division shall be considered to be a community control sanction for purposes of section 2929.15 of the Revised Code, and all provisions of the Revised Code that pertain to community control sanctions shall apply to a sanction imposed under this division, except to the extent that they would by their nature be clearly inapplicable. The offender shall pay all costs associated with a sanction imposed under this division, including the cost of the use of the monitoring device.
(I) At the time of sentencing, the court may recommend the offender for placement in a program of shock incarceration under section 5120.031 of the Revised Code or for placement in an intensive program prison under section 5120.032 of the Revised Code, disapprove placement of the offender in a program of shock incarceration or an intensive program prison of that nature, or make no recommendation on placement of the offender. In no case shall the department of rehabilitation and correction place the offender in a program or prison of that nature unless the department determines as specified in section 5120.031 or 5120.032 of the Revised Code, whichever is applicable, that the offender is eligible for the placement.
If the court disapproves placement of the offender in a program or prison of that nature, the department of rehabilitation and correction shall not place the offender in any program of shock incarceration or intensive program prison.
If the court recommends placement of the offender in a program of shock incarceration or in an intensive program prison, and if the offender is subsequently placed in the recommended program or prison, the department shall notify the court of the placement and shall include with the notice a brief description of the placement.
If the court recommends placement of the offender in a program of shock incarceration or in an intensive program prison and the department does not subsequently place the offender in the recommended program or prison, the department shall send a notice to the court indicating why the offender was not placed in the recommended program or prison.
If the court does not make a recommendation under this division with respect to an offender and if the department determines as specified in section 5120.031 or 5120.032 of the Revised Code, whichever is applicable, that the offender is eligible for placement in a program or prison of that nature, the department shall screen the offender and determine if there is an available program of shock incarceration or an intensive program prison for which the offender is suited. If there is an available program of shock incarceration or an intensive program prison for which the offender is suited, the department shall notify the court of the proposed placement of the offender as specified in section 5120.031 or 5120.032 of the Revised Code and shall include with the notice a brief description of the placement. The court shall have ten days from receipt of the notice to disapprove the placement.
(J) If a person is convicted of or pleads guilty to aggravated vehicular homicide in violation of division (A)(1) of section 2903.06 of the Revised Code and division (B)(2)(c) of that section applies, the person shall be sentenced pursuant to section 2929.142 of the Revised Code.
(K)(1)
The court shall impose an additional mandatory prison term of two,
three, four, five, six, seven, eight, nine, ten, or eleven years on
an offender who is convicted of or pleads guilty to a violent felony
offense if the offender also is convicted of or pleads guilty to a
specification of the type described in section 2941.1424 of the
Revised Code that charges that the offender is a violent career
criminal and had a firearm on or about the offender's person or under
the offender's control while committing the presently charged violent
felony offense and displayed or brandished the firearm, indicated
that the offender possessed a firearm, or used the firearm to
facilitate the offense. The offender shall serve the prison term
imposed under this division consecutively to and prior to the prison
term imposed for the underlying offense. The prison term shall not be
reduced pursuant to section 2929.20 or
2967.19 or
any other provision of Chapter 2967. or 5120. of the Revised Code. A
court may not impose more than one sentence under division (B)(2)(a)
of this section and this division for acts committed as part of the
same act or transaction.
(2) As used in division (K)(1) of this section, "violent career criminal" and "violent felony offense" have the same meanings as in section 2923.132 of the Revised Code.
(L) If an offender receives or received a sentence of life imprisonment without parole, a sentence of life imprisonment, a definite sentence, or a sentence to an indefinite prison term under this chapter for a felony offense that was committed when the offender was under eighteen years of age, the offender's parole eligibility shall be determined under section 2967.132 of the Revised Code.
Sec. 2929.20. (A) As used in this section:
(1)(a) Except as provided in division (A)(1)(b) of this section, "eligible offender" means any person who, on or after April 7, 2009, is serving a stated prison term that includes one or more nonmandatory prison terms. A person may be an eligible offender and, during a state of emergency declared by the governor, also may be a state of emergency-qualifying offender.
(b) "Eligible offender" does not include any person who, on or after April 7, 2009, is serving a stated prison term for any of the following criminal offenses that was a felony and was committed while the person held a public office in this state:
(i)
A violation of section 2921.02, 2921.03,
2921.05,
2921.31, 2921.32, 2921.41, 2921.42, or 2923.32 or
division (A) of section 2921.03 of
the Revised Code;
(ii)
A violation of section 2913.42, 2921.04,
2921.11,
or 2921.12 or
division (B) of section 2921.03 of
the Revised Code, when the conduct constituting the violation was
related to the duties of the offender's public office or to the
offender's actions as a public official holding that public office;
(iii) A violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially equivalent to any violation listed in division (A)(1)(b)(i) of this section;
(iv) A violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially equivalent to any violation listed in division (A)(1)(b)(ii) of this section, when the conduct constituting the violation was related to the duties of the offender's public office or to the offender's actions as a public official holding that public office;
(v) A conspiracy to commit, attempt to commit, or complicity in committing any offense listed in division (A)(1)(b)(i) or described in division (A)(1)(b)(iii) of this section;
(vi) A conspiracy to commit, attempt to commit, or complicity in committing any offense listed in division (A)(1)(b)(ii) or described in division (A)(1)(b)(iv) of this section, if the conduct constituting the offense that was the subject of the conspiracy, that would have constituted the offense attempted, or constituting the offense in which the offender was complicit was or would have been related to the duties of the offender's public office or to the offender's actions as a public official holding that public office.
(2) "State of emergency-qualifying offender" means any inmate who is serving a stated prison term during a state of emergency that is declared by the governor.
(3) "Nonmandatory prison term" means a prison term that is not a mandatory prison term.
(3)(4)
"Public
office" means any elected federal, state, or local government
office in this state.
(4)(5)
"Victim's
representative" has the same meaning as in section 2930.01 of
the Revised Code.
(5)(6)
"Imminent
danger of death," "medically incapacitated," and
"terminal illness" have the same meanings as in section
2967.05 of the Revised Code.
(6)(7)
"Aggregated
nonmandatory prison term or terms" means the aggregate of the
following:
(a) All nonmandatory definite prison terms;
(b) With respect to any non-life felony indefinite prison term, all nonmandatory minimum prison terms imposed as part of the non-life felony indefinite prison term or terms.
(B)
On the motion of an eligible offender,
on the motion of a state of emergency-qualifying offender made during
the declared state of emergency,
or
upon
on
its
own motion
with
respect to an eligible offender or with respect to a state of
emergency-qualifying offender during the declared state of emergency,
the sentencing court may reduce the eligible
offender's
aggregated nonmandatory prison term or terms through a judicial
release under this section.
(C) An eligible offender may file a motion for judicial release with the sentencing court, or a state of emergency-qualifying offender may file a motion for judicial release with the sentencing court during the declared state of emergency, within the following applicable periods:
(1) If the aggregated nonmandatory prison term or terms is less than two years, the eligible offender or state of emergency-qualifying offender may file the motion at any time after the offender is delivered to a state correctional institution or, if the prison term includes a mandatory prison term or terms, at any time after the expiration of all mandatory prison terms.
(2) If the aggregated nonmandatory prison term or terms is at least two years but less than five years, the eligible offender or state of emergency-qualifying offender may file the motion not earlier than one hundred eighty days after the offender is delivered to a state correctional institution or, if the prison term includes a mandatory prison term or terms, not earlier than one hundred eighty days after the expiration of all mandatory prison terms.
(3)
If the aggregated nonmandatory prison term or terms is five years,
the eligible offender or
state of emergency-qualifying offender may
file the motion not earlier than the date on which the eligible
offender
has served four years of the offender's stated prison term or, if the
prison term includes a mandatory prison term or terms, not earlier
than four years after the expiration of all mandatory prison terms.
(4)
If the aggregated nonmandatory prison term or terms is more than five
years but not more than ten years, the eligible offender or
state of emergency-qualifying offender may
file the motion not earlier than the date on which the eligible
offender
has served five years of the offender's stated prison term or, if the
prison term includes a mandatory prison term or terms, not earlier
than five years after the expiration of all mandatory prison terms.
(5) If the aggregated nonmandatory prison term or terms is more than ten years, the eligible offender or state of emergency-qualifying offender may file the motion not earlier than the later of the date on which the offender has served one-half of the offender's stated prison term or the date specified in division (C)(4) of this section.
(D)
(6)
With respect to a state of emergency-qualifying offender, if the
offender's prison term does not include a mandatory prison term or
terms, or if the offender's prison term includes one or more
mandatory prison terms and the offender has completed the mandatory
prison term or terms, the state of emergency-qualifying offender may
file the motion at any time during the offender's aggregated
nonmandatory prison term or terms.
(D)(1)(a)
Upon
receipt of a timely motion for judicial release filed by an eligible
offender or
a state of emergency-qualifying offender under
division (C) of this section,
or
upon the sentencing court's own motion made within the appropriate
time specified in that division, the court may deny the motion
without a hearing or schedule a hearing on the motion. The court may
grant the motion without a hearing for an offender under
consideration for judicial release as a state of emergency-qualifying
offender, but the court shall
not grant the motion without a hearing
for
an offender under consideration as an eligible offender.
If a court denies a motion without a hearing, the court later may
consider judicial release for that eligible offender or
that state of emergency-qualifying offender on
a subsequent motion
filed
by that eligible offender unless .
For an offender under consideration for judicial release as an
eligible offender, but not for one under consideration as a state of
emergency-qualifying offender, the
court denies
may
deny the
motion with prejudice. If a court denies a motion with prejudice, the
court may later consider judicial release on its own motion. If
For
an offender under consideration for judicial release as a state of
emergency-qualifying offender, the court shall not deny a motion with
prejudice. For an offender under consideration for judicial release
as an eligible offender, but not for one under consideration as a
state of emergency-qualifying offender, if a
court denies a motion after a hearing, the court shall not consider a
subsequent motion for that offender
based on the offender's classification as an eligible
offender. The court may
hold multiple hearings for any offender under consideration for
judicial release as a state of emergency-qualifying offender, but
shall
hold only one hearing for any offender
under consideration as an eligible
offender.
A
(b)
If an offender is under consideration for judicial release as an
eligible offender and the motion is denied, and if the offender at
that time also is or subsequently becomes a state of
emergency-qualifying offender, the denial does not limit or affect
any right of the offender to file a motion under this section for
consideration for judicial release as a state of emergency-qualifying
offender or for the court on its own motion to consider the offender
for judicial release as a state of emergency-qualifying offender.
If an offender is under consideration for judicial release as a state of emergency-qualifying offender and the motion is denied, and if the offender at that time also is or subsequently becomes an eligible offender, the denial does not limit or affect any right of the offender to file a motion under this section for consideration for judicial release as an eligible offender or for the court on its own motion to consider the offender for judicial release as an eligible offender.
(2)(a) With respect to a motion for judicial release filed by an offender as an eligible offender or made by the court on its own motion for an offender as an eligible offender, a hearing under this section shall be conducted in open court not less than thirty or more than sixty days after the motion is filed, provided that the court may delay the hearing for one hundred eighty additional days. If the court holds a hearing, the court shall enter a ruling on the motion within ten days after the hearing. If the court denies the motion without a hearing, the court shall enter its ruling on the motion within sixty days after the motion is filed.
(b) With respect to a motion for judicial release filed by an offender as a state of emergency-qualifying offender or made by the court on its own motion for an offender as a state of emergency-qualifying offender, the court may order the prosecuting attorney of the county in which the offender was indicted to respond to the motion in writing within ten days. The prosecuting attorney shall include in the response any statement that the victim wants to be represented to the court. The court shall consider any response from the prosecuting attorney and any statement from the victim in its ruling on the motion. After receiving the response from the prosecuting attorney, the court either shall order a hearing consistent with divisions (E) to (I) of this section as soon as possible, or shall enter its ruling on the motion for judicial release as soon as possible. If the court conducts a hearing, the hearing shall be conducted in open court or by a virtual, telephonic, or other form of remote hearing. If the court holds a hearing, the court shall enter a ruling on the motion within ten days after the hearing. If the court denies the motion without a hearing, the court shall enter its ruling on the motion within ten days after the motion is filed or after it receives the response from the prosecuting attorney.
(E)
If a court schedules a hearing under division
(D) divisions
(D)(1) and (2)(a) of this section or under divisions (D)(1) and
(2)(b) of
this section, the court shall notify the subject
eligible
offender or
state of emergency-qualifying offender and
the head of the state correctional institution in which the
eligible that
subject offender
is confined prior to the hearing. The head of the state correctional
institution immediately shall notify the appropriate person at the
department of rehabilitation and correction of the hearing, and the
department within twenty-four hours after receipt of the notice,
shall post on the database it maintains pursuant to section 5120.66
of the Revised Code the subject
offender's
name and all of the information specified in division (A)(1)(c)(i) of
that section. If the court schedules a hearing for judicial release,
the court promptly shall give notice of the hearing to the
prosecuting attorney of the county in which the subject
eligible
offender or
state of emergency-qualifying offender was
indicted. Upon receipt of the notice from the court, the prosecuting
attorney shall do whichever of the following is applicable:
(1) Subject to division (E)(2) of this section, notify the victim of the offense or the victim's representative pursuant to division (B) of section 2930.16 of the Revised Code;
(2)
If the offense was an offense of violence that is a felony of the
first, second, or third degree, except as otherwise provided in this
division, notify the victim or the victim's representative of the
hearing regardless of whether the victim or victim's representative
has requested the notification. The notice of the hearing shall not
be given under this division to a victim or victim's representative
if the victim or victim's representative has requested pursuant to
division (B)(2) of section 2930.03 of the Revised Code that the
victim or the victim's representative not be provided the notice. If
notice is to be provided to a victim or victim's representative under
this division, the prosecuting attorney may give the notice by any
reasonable means, including regular mail, telephone, and electronic
mail, in accordance with division (D)(1) of section 2930.16 of the
Revised Code. If the notice is based on an offense committed prior to
March 22, 2013, the notice also shall include the opt-out information
described in division (D)(1) of section 2930.16 of the Revised Code.
The prosecuting attorney, in accordance with division (D)(2) of
section 2930.16 of the Revised Code, shall keep a record of all
attempts to provide the notice, and of all notices provided, under
this division. Division (E)(2) of this section, and the
notice-related provisions of division (K) of this section, division
(D)(1) of section 2930.16, division (H) of section 2967.12, division
(E)(1)(b) of section 2967.19
as
it existed prior to the effective date of this amendment,
division (A)(3)(b)
(A)(2)(b)
of
section 2967.26, division (D)(1) of section 2967.28, and division
(A)(2) of section 5149.101 of the Revised Code enacted in the act in
which division (E)(2) of this section was enacted, shall be known as
"Roberta's Law."
(F) Upon an offender's successful completion of rehabilitative activities, the head of the state correctional institution may notify the sentencing court of the successful completion of the activities.
(G)
Prior to the date of the hearing on a motion for judicial release
made
by an eligible offender, by a state of emergency-qualifying offender,
or by a court on its own under
this section, the head of the state correctional institution in which
the eligible
subject
offender
is confined shall send to the court an institutional summary report
on the eligible
offender's
conduct in the institution and in any institution from which the
eligible
offender
may have been transferred. Upon the request of the prosecuting
attorney of the county in which the eligible
subject
offender
was indicted or of any law enforcement agency, the head of the state
correctional institution, at the same time the person sends the
institutional summary report to the court, also shall send a copy of
the report to the requesting prosecuting attorney and law enforcement
agencies. The institutional summary report shall cover the eligible
subject
offender's
participation in school, vocational training, work, treatment, and
other rehabilitative activities and any disciplinary action taken
against the eligible
subject
offender.
The report shall be made part of the record of the hearing. A
presentence investigation report is not required for judicial
release.
(H)
If the court grants a hearing on a motion for judicial release made
by an eligible offender, by a state of emergency-qualifying offender,
or by a court on its own under
this section, the eligible
subject
offender
shall attend the hearing if ordered to do so by the court. Upon
receipt of a copy of the journal entry containing the order, the head
of the state correctional institution in which the eligible
subject
offender
is incarcerated shall deliver the eligible
subject
offender
to the sheriff of the county in which the hearing is to be held. The
sheriff shall convey the eligible
subject
offender
to and from the hearing.
(I)
At the hearing on a motion for judicial release under this section
made
by an eligible offender, by a state of emergency-qualifying offender,
or by a court on its own,
the court shall afford the eligible
subject
offender
and the eligible
offender's
attorney an opportunity to present written and, if present, oral
information relevant to the motion. The court shall afford a similar
opportunity to the prosecuting attorney, the victim or the victim's
representative, and any other person the court determines is likely
to present additional relevant information. The court shall consider
any statement of a victim made pursuant to section 2930.14 or 2930.17
of the Revised Code, any victim impact statement prepared pursuant to
section 2947.051 of the Revised Code, and any report made under
division (G) of this section. The court may consider any written
statement of any person submitted to the court pursuant to division
(L) of this section. After ruling on the motion, the court shall
notify the victim of the ruling in accordance with sections 2930.03
and 2930.16 of the Revised Code.
(J)(1)
A court shall not grant a judicial release under this section to an
eligible
offender
who is imprisoned for a felony of the first or second degree
and
who is under consideration as an eligible offender,
or to an eligible
offender
who committed an offense under Chapter 2925. or 3719. of the Revised
Code,
who is under consideration as an eligible offender,
and
for whom there was a presumption under section 2929.13 of the Revised
Code in favor of a prison term, unless the court, with reference to
factors under section 2929.12 of the Revised Code, finds both of the
following:
(a) That a sanction other than a prison term would adequately punish the offender and protect the public from future criminal violations by the eligible offender because the applicable factors indicating a lesser likelihood of recidivism outweigh the applicable factors indicating a greater likelihood of recidivism;
(b) That a sanction other than a prison term would not demean the seriousness of the offense because factors indicating that the eligible offender's conduct in committing the offense was less serious than conduct normally constituting the offense outweigh factors indicating that the eligible offender's conduct was more serious than conduct normally constituting the offense.
(2)
A court that grants a judicial release to
an eligible offender under
division (J)(1) of this section to
an offender who is under consideration as an eligible offender shall
specify on the record both findings required in that division and
also shall list all the factors described in that division that were
presented at the hearing.
(3)(a) Subject to division (J)(3)(b) of this section, a court shall grant a judicial release under this section to an offender who is under consideration as a state of emergency-qualifying offender if the court determines that the risks posed by incarceration to the health and safety of the offender, because of the nature of the state of emergency, outweigh the risk to public safety if the offender were to be released from incarceration.
(b) A court shall not grant a judicial release under this section to an offender who is imprisoned for a felony of the first or second degree and is under consideration for judicial release as a state of emergency-qualifying offender unless the court, with reference to the factors specified under section 2929.12 of the Revised Code, finds both of the following:
(i) That a sanction other than a prison term would adequately punish the offender and protect the public from future criminal violations by the offender, because the applicable factors indicating a lesser likelihood of recidivism outweigh the applicable factors indicating a greater likelihood of recidivism;
(ii) That a sanction other than a prison term would not demean the seriousness of the offense, because the applicable factors indicating that the offender's conduct in committing the offense was less serious than conduct normally constituting the offense outweigh the applicable factors indicating that the offender's conduct was more serious than conduct normally constituting the offense.
(K)
If the court grants a motion for judicial release under this section,
the court shall order the release of the eligible offender
or
state of emergency-qualifying offender,
shall place the eligible
offender
under an appropriate community control sanction, under appropriate
conditions, and under the supervision of the department of probation
serving the court and shall reserve the right to reimpose the
sentence that it reduced if the offender violates the sanction. If
the court reimposes the reduced sentence, it may do so either
concurrently with, or consecutive to, any new sentence imposed upon
on
the
eligible offender or
state of emergency-qualifying offender as
a result of the violation that is a new offense. Except as provided
in division (R)(2)
(N)(5)(b)
of
this section, the period of community control shall be no longer than
five years. The court, in its discretion, may reduce the period of
community control by the amount of time the eligible
offender
spent in jail or prison for the offense and in prison. If the court
made any findings pursuant to division (J)(1) of this section, the
court shall serve a copy of the findings upon counsel for the parties
within fifteen days after the date on which the court grants the
motion for judicial release.
If the court grants a motion for judicial release, the court shall notify the appropriate person at the department of rehabilitation and correction, and the department shall post notice of the release on the database it maintains pursuant to section 5120.66 of the Revised Code. The court also shall notify the prosecuting attorney of the county in which the eligible offender or state of emergency-qualifying offender was indicted that the motion has been granted. Unless the victim or the victim's representative has requested pursuant to division (B)(2) of section 2930.03 of the Revised Code that the victim or victim's representative not be provided the notice, the prosecuting attorney shall notify the victim or the victim's representative of the judicial release in any manner, and in accordance with the same procedures, pursuant to which the prosecuting attorney is authorized to provide notice of the hearing pursuant to division (E)(2) of this section. If the notice is based on an offense committed prior to March 22, 2013, the notice to the victim or victim's representative also shall include the opt-out information described in division (D)(1) of section 2930.16 of the Revised Code.
(L)
In addition to and independent of the right of a victim to make a
statement pursuant to section 2930.14, 2930.17, or 2946.051 of the
Revised Code and any right of a person to present written information
or make a statement pursuant to division (I) of this section, any
person may submit to the court, at any time prior to the hearing on
the offender's
motion
for judicial release
of
the eligible offender or state of emergency-qualifying offender,
a written statement concerning the effects of the offender's crime or
crimes, the circumstances surrounding the crime or crimes, the manner
in which the crime or crimes were perpetrated, and the person's
opinion as to whether the offender should be released.
(M)(M)(1)
The
changes to this section that are made on September 30, 2011, apply to
any judicial release decision made on or after September 30, 2011,
for any eligible offender,
subject to division (M)(2) of this section.
(N)(2)
The changes to this section that are made on the effective date of
this amendment apply to any judicial release decision made on or
after the effective date of this amendment for any eligible offender
or state of emergency-qualifying offender.
(N)(1)
Notwithstanding
the eligibility requirements specified in division
(A)divisions
(A)(1) and (2)
of
this section and the filing time frames specified in division (C) of
this section and notwithstanding the findings required under division
(J)
(J)(1)
and the eligibility criteria specified in division (J)(3) of
this section, the sentencing court, upon the court's own motion and
after considering whether the release of the offender into society
would create undue risk to public safety, may grant a judicial
release to an offender who is not serving a life sentence at any time
during the offender's imposed sentence when the director of
rehabilitation and correction certifies to the sentencing court
through the chief medical officer for the department of
rehabilitation and correction that the offender is in imminent danger
of death, is medically incapacitated, or is suffering from a terminal
illness.
(O)(2)
The
director of rehabilitation and correction shall not certify any
offender under division (N)(N)(1)
of
this section who is serving a death sentence.
(P)(3)
A
motion made by the court under division (N)(N)(1)
of
this section is subject to the notice, hearing, and other procedural
requirements specified in divisions (D), (E), (G), (H), (I), (K), and
(L) of this section, except for the following:
(1)(a)
The
court may waive the offender's appearance at any hearing scheduled by
the court if the offender's condition makes it impossible for the
offender to participate meaningfully in the proceeding.
(2)(b)
The
court may grant the motion without a hearing, provided that the
prosecuting attorney and victim or victim's representative to whom
notice of the hearing was provided under division (E) of this section
indicate that they do not wish to participate in the hearing or
present information relevant to the motion.
(Q)(4)
The
court may request health care records from the department of
rehabilitation and correction to verify the certification made under
division (N)(N)(1)
of
this section.
(R)(1)(5)(a)
If
the court grants judicial release under division (N)(N)(1)
of
this section, the court shall do all of the following:
(a)(i)
Order
the release of the offender;
(b)(ii)
Place
the offender under an appropriate community control sanction, under
appropriate conditions;
(c)(iii)
Place
the offender under the supervision of the department of probation
serving the court or under the supervision of the adult parole
authority.
(2)(b)
The
court, in its discretion, may revoke the judicial release if the
offender violates the community control sanction described in
division (R)(1)(N)(5)(a)
of
this section. The period of that community control is not subject to
the five-year limitation described in division (K) of this section
and shall not expire earlier than the date on which all of the
offender's mandatory prison terms expire.
(S)(6)
If
the health of an offender who is released under division (N)(N)(1)
of
this section improves so that the offender is no longer terminally
ill, medically incapacitated, or in imminent danger of death, the
court shall, upon the court's own motion, revoke the judicial
release. The court shall not grant the motion without a hearing
unless the offender waives a hearing. If a hearing is held, the court
shall afford the offender and the offender's attorney an opportunity
to present written and, if the offender or the offender's attorney is
present, oral information relevant to the motion. The court shall
afford a similar opportunity to the prosecuting attorney, the victim
or the victim's representative, and any other person the court
determines is likely to present additional relevant information. A
court that grants a motion under this division shall specify its
findings on the record.
(O)(1) Separate from and independent of the provisions of divisions (A) to (N) of this section, the director of the department of rehabilitation and correction may recommend in writing to the sentencing court that the court consider releasing from prison, through a judicial release, any offender who is confined in a state correctional institution, who is serving a stated prison term of one year or more, and who is an eligible offender. The director may file such a recommendation for judicial release by submitting to the sentencing court a notice, in writing, of the recommendation within the applicable period specified in division (C) of this section, provided that references in that division to "the motion" shall be construed for purposes of this division as being references to the notice and recommendation specified in this division.
The director shall include with any notice submitted to the sentencing court under this division an institutional summary report that covers the offender's participation while confined in a state correctional institution in school, training, work, treatment, and other rehabilitative activities and any disciplinary action taken against the offender while so confined. The director shall include with the notice any other documentation requested by the court, if available.
If the director submits a notice under this division recommending judicial release, the department promptly shall provide to the prosecuting attorney of the county in which the offender was indicted a copy of the written notice and recommendation, a copy of the institutional summary report, and any other information provided to the court, and shall provide a copy of the institutional summary report to any law enforcement agency that requests the report. The department also shall provide written notice of the submission of the director's notice to any victim of the offender or victim's representative, in the same manner as is specified in divisions (E)(1) and (2) of this section with respect to notices of hearings.
(2) A recommendation for judicial release in a notice submitted by the director under division (O)(1) of this section is subject to the notice, hearing, and other procedural requirements specified in divisions (E), (H), (I), and (L) of this section, except as otherwise specified in divisions (O)(3) to (5) of this section, provided that references in divisions (E), (H), (I), (K), and (L) of this section to "the motion" shall be construed for purposes of division (O) of this section as being references to the notice and recommendation specified in division (O)(1) of this section.
(3) The director's submission of a notice under division (O)(1) of this section constitutes a recommendation by the director that the court strongly consider a judicial release of the offender consistent with the purposes and principles of sentencing set forth in sections 2929.11 and 2929.13 of the Revised Code and establishes a rebuttable presumption that the offender shall be released through a judicial release in accordance with the recommendation. The presumption of release may be rebutted only as described in division (O)(5) of this section. Only an offender recommended by the director under division (O)(1) of this section may be considered for a judicial release under division (O) of this section.
(4) Upon receipt of a notice recommending judicial release submitted by the director under division (O)(1) of this section, the court shall schedule a hearing to consider the recommendation for the judicial release of the offender who is the subject of the notice. Within thirty days after the notice is submitted, the court shall inform the department and the prosecuting attorney of the county in which the offender who is the subject of the notice was indicted of the date, time, and location of the hearing. Upon receipt of the notice from the court, the prosecuting attorney shall comply with division (E) of this section and the department shall post the information specified in that division.
(5) When a court schedules a hearing under division (O)(4) of this section, at the hearing, the court shall consider the institutional summary report submitted under division (O)(1) of this section and all other information, statements, reports, and documentation described in division (I) of this section, in determining whether to grant the offender judicial release under division (O) of this section. The court shall grant the offender judicial release unless the prosecuting attorney proves to the court, by clear and convincing evidence, that the release of the offender would constitute a present and substantial risk that the offender will commit an offense of violence. If the court grants a judicial release under this division, division (K) of this section applies regarding the judicial release, provided that references in division (K) of this section to "the motion" shall be construed for purposes of the judicial release granted under this division as being references to the notice and recommendation specified in division (O)(1) of this section.
After ruling on whether to grant the offender judicial release under division (O) of this section, the court shall notify the offender, the prosecuting attorney, and the department of rehabilitation and correction of its decision, and shall notify the victim of its decision in accordance with sections 2930.03 and 2930.16 of the Revised Code.
Sec.
2929.21. (A)
A court that sentences an offender for a misdemeanor or minor
misdemeanor violation of any provision of the Revised Code, or of any
municipal ordinance that is substantially similar to a misdemeanor or
minor misdemeanor violation of a provision of the Revised Code, shall
be guided by the overriding purposes of misdemeanor sentencing.
The overriding purposes of misdemeanor sentencing,
which
are
to protect the public from future crime by the offender and others
and,
to
punish the offender,
and to reduce recidivism and rehabilitate the offender for safe and
successful reentry into this state's communities.
To
(B)
To achieve
those
the
purposes
specified
in division (A) of this section,
the sentencing court shall consider the
nature and circumstances of the offense; the
impact of
the offense upon
the victim
and;
the history, character, and condition of the offender;
the
need for changing
the offender's behavior, incapacitating
the offender, rehabilitating
the offender, deterring
the offender and others from future crime, and
making restitution to the victim of the offense, the public, or
the
victim and the public
both;
and any other factors the court considers relevant.
(B)(C)
A
sentence imposed on
an offender for
a misdemeanor or minor misdemeanor violation of a Revised Code
provision or for a violation of a municipal ordinance that is subject
to division (A) of this section shall be reasonably calculated to
achieve the two
three
overriding
purposes of misdemeanor sentencing set forth in division (A) of this
section, commensurate with and not demeaning to the seriousness of
the offender's conduct and its impact upon the victim, and consistent
with sentences imposed for similar offenses committed by similar
offenders.
(D) Divisions (A) to (C) of this section apply to all sentencing for all criminal violations of any law, ordinance, or resolution of this state or any political subdivision of this state that are misdemeanors or minor misdemeanors, except as otherwise provided in division (F) of this section, as this section is intended to operate uniformly throughout the state and constitutes a general law within the meaning of Ohio Constitution, Article XVIII, Section 3.
(C)(E)
A
court that imposes a sentence upon an offender for a misdemeanor or
minor misdemeanor violation of a Revised Code provision or for a
violation of a municipal ordinance that is subject to division (A) of
this section shall not base the sentence upon the race, ethnic
background, gender, or religion of the offender.
(D)(F)
Divisions
(A) and
(B) to
(C) of
this section shall not apply to any offense that is disposed of by a
traffic violations bureau of any court pursuant to Traffic Rule 13
and shall not apply to any violation of any provision of the Revised
Code that is a minor misdemeanor and that is disposed of without a
court appearance. Divisions (A) to (C)(E)
of
this section do not affect any penalties established by a municipal
corporation for a violation of its ordinances.
Sec. 2929.22. (A) Unless a mandatory jail term is required to be imposed by division (G) of section 1547.99, division (B) of section 4510.14, division (G) of section 4511.19 of the Revised Code, or any other provision of the Revised Code a court that imposes a sentence under this chapter upon an offender for a misdemeanor or minor misdemeanor has discretion to determine the most effective way to achieve the purposes and principles of sentencing set forth in section 2929.21 of the Revised Code.
Unless a specific sanction is required to be imposed or is precluded from being imposed by the section setting forth an offense or the penalty for an offense or by any provision of sections 2929.23 to 2929.28 of the Revised Code, a court that imposes a sentence upon an offender for a misdemeanor may impose on the offender any sanction or combination of sanctions under sections 2929.24 to 2929.28 of the Revised Code. The court shall not impose a sentence that imposes an unnecessary burden on local government resources.
Before imposing sentence on an offender, if two or more of the counts merge for purposes of sentencing, the court shall require the prosecutor to elect the charges to proceed on and shall impose sentence for the offenses under those charges.
(B)(1) In determining the appropriate sentence for a misdemeanor, the court shall consider all of the following factors:
(a) The nature and circumstances of the offense or offenses and the offender's prior juvenile delinquent child and unruly child and adult criminal records;
(b) Whether the circumstances regarding the offender and the offense or offenses indicate that the offender has a history of persistent criminal activity and that the offender's character and condition reveal a substantial risk that the offender will commit another offense;
(c) Whether the circumstances regarding the offender and the offense or offenses indicate that the offender's history, character, and condition reveal a substantial risk that the offender will be a danger to others and that the offender's conduct has been characterized by a pattern of repetitive, compulsive, or aggressive behavior with heedless indifference to the consequences;
(d) Whether the victim's youth, age, disability, or other factor made the victim particularly vulnerable to the offense or made the impact of the offense more serious;
(e) Whether the offender is likely to commit future crimes in general, in addition to the circumstances described in divisions (B)(1)(b) and (c) of this section;
(f) Whether the offender has an emotional, mental, or physical condition that is traceable to the offender's service in the armed forces of the United States and that was a contributing factor in the offender's commission of the offense or offenses;
(g) The offender's military service record.
(2) In determining the appropriate sentence for a misdemeanor, in addition to complying with division (B)(1) of this section, the court may consider any other factors that are relevant to achieving the purposes and principles of sentencing set forth in section 2929.21 of the Revised Code.
(C) Before imposing a jail term as a sentence for a misdemeanor, a court shall consider the appropriateness of imposing a community control sanction or a combination of community control sanctions under sections 2929.25, 2929.26, 2929.27, and 2929.28 of the Revised Code. A court may impose the longest jail term authorized under section 2929.24 of the Revised Code only upon offenders who commit the worst forms of the offense or upon offenders whose conduct and response to prior sanctions for prior offenses demonstrate that the imposition of the longest jail term is necessary to deter the offender from committing a future crime.
(D)(1) A sentencing court shall consider any relevant oral or written statement made by the victim, the defendant, the defense attorney, or the prosecuting authority regarding sentencing for a misdemeanor. This division does not create any rights to notice other than those rights authorized by Chapter 2930. of the Revised Code.
(2) At the time of sentencing for a misdemeanor or as soon as possible after sentencing, the court shall notify the victim of the offense of the victim's right to file an application for an award of reparations pursuant to sections 2743.51 to 2743.72 of the Revised Code.
Sec. 2929.34. (A) A person who is convicted of or pleads guilty to aggravated murder, murder, or an offense punishable by life imprisonment and who is sentenced to a term of life imprisonment or a prison term pursuant to that conviction shall serve that term in an institution under the control of the department of rehabilitation and correction.
(B)(1) A person who is convicted of or pleads guilty to a felony other than aggravated murder, murder, or an offense punishable by life imprisonment and who is sentenced to a term of imprisonment or a prison term pursuant to that conviction shall serve that term as follows:
(a) Subject to divisions (B)(1)(b), (B)(2), and (B)(3) of this section, in an institution under the control of the department of rehabilitation and correction if the term is a prison term or as otherwise determined by the sentencing court pursuant to section 2929.16 of the Revised Code if the term is not a prison term;
(b) In a facility of a type described in division (G)(1) of section 2929.13 of the Revised Code, if the offender is sentenced pursuant to that division.
(2) If the term is a prison term, the person may be imprisoned in a jail that is not a minimum security jail pursuant to agreement under section 5120.161 of the Revised Code between the department of rehabilitation and correction and the local authority that operates the jail.
(3)(a) As used in divisions (B)(3)(a) to (d) of this section, "voluntary county" means any county in which the board of county commissioners of the county and the administrative judge of the general division of the court of common pleas of the county enter into an agreement of the type described in division (B)(3)(b) of this section and in which the agreement has not been terminated as described in that division.
(b) In any voluntary county, the board of county commissioners of the county and the administrative judge of the general division of the court of common pleas of the county may agree to having the county participate in the procedures regarding local and state confinement established under division (B)(3)(c) of this section. A board of county commissioners and an administrative judge of a court of common pleas that enter into an agreement of the type described in this division may terminate the agreement, but a termination under this division shall take effect only at the end of the state fiscal biennium in which the termination decision is made.
(c) Except as provided in division (B)(3)(d) of this section, in any voluntary county, either division (B)(3)(c)(i) or divisions (B)(3)(c)(i) and (ii) of this section shall apply:
(i) On and after July 1, 2018, no person sentenced by the court of common pleas of a voluntary county to a prison term for a felony of the fifth degree shall serve the term in an institution under the control of the department of rehabilitation and correction. The person shall instead serve the sentence as a term of confinement in a facility of a type described in division (C) or (D) of this section.
(ii)
On and after September
1, 2022June
30, 2022,
no person sentenced by the court of common pleas of a voluntary
county to a prison term for a felony of the fourth degree shall serve
the term in an institution under the control of the department of
rehabilitation and correction. The person shall instead serve the
sentence as a term of confinement in a facility of a type described
in division (C) or (D) of this section.
Nothing in this division relieves the state of its obligation to pay for the cost of confinement of the person in a community-based correctional facility under division (D) of this section.
(d) Division (B)(3)(c) of this section does not apply to any person to whom any of the following apply:
(i) The felony of the fourth or fifth degree was an offense of violence, as defined in section 2901.01 of the Revised Code, a sex offense under Chapter 2907. of the Revised Code, a violation of section 2925.03 of the Revised Code, or any offense for which a mandatory prison term is required.
(ii) The person previously has been convicted of or pleaded guilty to any felony offense of violence, as defined in section 2901.01 of the Revised Code, unless the felony of the fifth degree for which the person is being sentenced is a violation of division (I)(1) of section 2903.43 of the Revised Code.
(iii) The person previously has been convicted of or pleaded guilty to any felony sex offense under Chapter 2907. of the Revised Code.
(iv) The person's sentence is required to be served concurrently to any other sentence imposed upon the person for a felony that is required to be served in an institution under the control of the department of rehabilitation and correction.
(C) A person who is convicted of or pleads guilty to one or more misdemeanors and who is sentenced to a jail term or term of imprisonment pursuant to the conviction or convictions shall serve that term in a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse; in a community alternative sentencing center or district community alternative sentencing center when authorized by section 307.932 of the Revised Code; or, if the misdemeanor or misdemeanors are not offenses of violence, in a minimum security jail.
(D) Nothing in this section prohibits the commitment, referral, or sentencing of a person who is convicted of or pleads guilty to a felony to a community-based correctional facility.
Sec.
2929.71. (A)
As
used in this section:
(1)
"Agency" means any law enforcement agency, other public
agency, or public official involved in the investigation or
prosecution of the offender or in the investigation of the fire or
explosion in an aggravated arson, arson, or criminal damaging or
endangering case. An "agency" includes, but is not limited
to, a sheriff's office, a municipal corporation, township, or
township or joint police district police department, the office of a
prosecuting attorney, city director of law, village solicitor, or
similar chief legal officer of a municipal corporation, the fire
marshal's office, a municipal corporation, township, or township fire
district fire department, the office of a fire prevention officer,
and any state, county, or municipal corporation crime laboratory.
(2)
"Assets" includes all forms of real or personal property.
(3)
"Itemized statement" means the statement of costs described
in division (B) of this section.
(4)
"Offender" means the person who has been convicted of or
pleaded guilty to committing, attempting to commit, or complicity in
committing a violation of section 2909.02 or 2909.03 of the Revised
Code, or, when the means used are fire or explosion, division (A)(2)
of section 2909.06 of the Revised Code.
(5)
"Costs" means the reasonable value of the time spent by an
officer or employee of an agency on the aggravated arson, arson, or
criminal damaging or endangering case, any moneys spent by the agency
on that case, and the reasonable fair market value of resources used
or expended by the agency on that case.
(B)
Prior to the sentencing of an offender, the court shall enter an
order that directs agencies that wish to be reimbursed by the
offender for the costs they incurred in the investigation or
prosecution of the offender or in the investigation of the fire or
explosion involved in the case, to file with the court within a
specified time an itemized statement of those costs. The order also
shall require that a copy of the itemized statement be given to the
offender or offender's attorney within the specified time. Only
itemized statements so filed and given shall be considered at the
hearing described in division (C) of this section.
(C)
The court shall set a date for a hearing on all the itemized
statements filed with it and given to the offender or the offender's
attorney in accordance with division (B) of this section. The hearing
shall be held prior to the sentencing of the offender, but may be
held on the same day as the sentencing. Notice of the hearing date
shall be given to the offender or the offender's attorney and to the
agencies whose itemized statements are involved. At the hearing, each
agency has the burden of establishing by a preponderance of the
evidence that the costs set forth in its itemized statement were
incurred in the investigation or prosecution of the offender or in
the investigation of the fire or explosion involved in the case, and
of establishing by a preponderance of the evidence that the offender
has assets available for the reimbursement of all or a portion of the
costs.
The
offender may cross-examine all witnesses and examine all
documentation presented by the agencies at the hearing, and the
offender may present at the hearing witnesses and documentation the
offender has obtained without a subpoena or a subpoena duces tecum
or, in the case of documentation, that belongs to the offender. The
offender also may issue subpoenas and subpoenas duces tecum for, and
present and examine at the hearing, witnesses and documentation,
subject to the following applying to the witnesses or documentation
subpoenaed:
(1)
The testimony of witnesses subpoenaed or documentation subpoenaed is
material to the preparation or presentation by the offender of the
offender's defense to the claims of the agencies for a reimbursement
of costs;
(2)
If witnesses to be subpoenaed are personnel of an agency or
documentation to be subpoenaed belongs to an agency, the personnel or
documentation may be subpoenaed only if the agency involved has
indicated, pursuant to this division, that it intends to present the
personnel as witnesses or use the documentation at the hearing. The
offender shall submit, in writing, a request to an agency as
described in this division to ascertain whether the agency intends to
present various personnel as witnesses or to use particular
documentation. The request shall indicate that the offender is
considering issuing subpoenas to personnel of the agency who are
specifically named or identified by title or position, or for
documentation of the agency that is specifically described or
generally identified, and shall request the agency to indicate, in
writing, whether it intends to present such personnel as witnesses or
to use such documentation at the hearing. The agency shall promptly
reply to the request of the offender. An agency is prohibited from
presenting personnel as witnesses or from using documentation at the
hearing if it indicates to the offender it does not intend to do so
in response to a request of the offender under this division, or if
it fails to reply or promptly reply to such a request.
(D)
Following the hearing, the court shall determine which of the
agencies established by a preponderance of the evidence that costs
set forth in their itemized statements were incurred as described in
division (C) of this section and that the offender has assets
available for reimbursement purposes. The court also shall determine
whether the offender has assets available to reimburse all such
agencies, in whole or in part, for their established costs, and if it
determines that the assets are available, it shall order the
offender, as part of the offender's sentence, to reimburse the
agencies from the offender's assets for all or a specified portion of
their established costs.
In
addition to any fine imposed on the offender, the court sentencing an
offender who is convicted of or pleads guilty to a violation of
section 2909.02, 2909.03, or sections 2909.22 to 2909.29, or division
(B)(2) of section 2909.05 of the Revised Code may order the offender
to pay to the governmental agencies that handled the investigation
and prosecution all of the costs that the governmental agencies
reasonably incurred as response costs and costs related to the
investigation and prosecution of the violation. Unless the amount is
agreed to by the state and the defendant, the court shall hold a
hearing to determine the amount of costs to be imposed under this
section. The court may hold the hearing prior to or concurrent with
the sentencing hearing for the offender. The order shall be a
judgment in favor of the governmental agency and against the offender
and shall be separate from any other judgment imposed as part of the
offender's sentence.
(B) A court shall not issue a judgment in favor of a governmental agency and against an offender under division (A) of this section unless the judgment is based upon an agreement between the state and the defendant, or is determined after a full hearing on the evidence. If the court finds by a preponderance of the evidence that a judgment should be issued against the offender under division (A) of this section, the court's findings for recovery shall state its findings of facts and conclusions of law. Any judgment so issued shall not become dormant, as provided under division (B) of section 2329.07 of the Revised Code, as long as either execution on the judgment is issued or a certificate of judgment is issued and filed, as provided in sections 2329.02 and 2329.04 of the Revised Code, within ten years after the date of the judgment or within fifteen years after the date of the issuance of the last execution on the judgment or the issuance and filing of the last such certificate, whichever is later.
Sec. 2933.51. As used in sections 2933.51 to 2933.66 of the Revised Code:
(A) "Wire communication" means an aural transfer that is made in whole or in part through the use of facilities for the transmission of communications by the aid of wires or similar methods of connecting the point of origin of the communication and the point of reception of the communication, including the use of a method of connecting the point of origin and the point of reception of the communication in a switching station, if the facilities are furnished or operated by a person engaged in providing or operating the facilities for the transmission of communications. "Wire communication" includes an electronic storage of a wire communication.
(B) "Oral communication" means an oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying that expectation. "Oral communication" does not include an electronic communication.
(C) "Intercept" means the aural or other acquisition of the contents of any wire, oral, or electronic communication through the use of an interception device.
(D) "Interception device" means an electronic, mechanical, or other device or apparatus that can be used to intercept a wire, oral, or electronic communication. "Interception device" does not mean any of the following:
(1) A telephone or telegraph instrument, equipment, or facility, or any of its components, if the instrument, equipment, facility, or component is any of the following:
(a) Furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business;
(b) Furnished by a subscriber or user for connection to the facilities of a provider of wire or electronic communication service and used in the ordinary course of that subscriber's or user's business;
(c) Being used by a provider of wire or electronic communication service in the ordinary course of its business or by an investigative or law enforcement officer in the ordinary course of the officer's duties that do not involve the interception of wire, oral, or electronic communications.
(2) A hearing aid or similar device being used to correct subnormal hearing to not better than normal.
(E) "Investigative officer" means any of the following:
(1) An officer of this state or a political subdivision of this state, who is empowered by law to conduct investigations or to make arrests for a designated offense;
(2) A person described in divisions (A)(11)(a) and (b) of section 2901.01 of the Revised Code;
(3) An attorney authorized by law to prosecute or participate in the prosecution of a designated offense;
(4) A secret service officer appointed pursuant to section 309.07 of the Revised Code;
(5) An officer of the United States, a state, or a political subdivision of a state who is authorized to conduct investigations pursuant to the "Electronic Communications Privacy Act of 1986," 100 Stat. 1848-1857, 18 U.S.C. 2510-2521 (1986), as amended.
(F) "Interception warrant" means a court order that authorizes the interception of wire, oral, or electronic communications and that is issued pursuant to sections 2933.53 to 2933.56 of the Revised Code.
(G) "Contents," when used with respect to a wire, oral, or electronic communication, includes any information concerning the substance, purport, or meaning of the communication.
(H) "Communications common carrier" means a person who is engaged as a common carrier for hire in intrastate, interstate, or foreign communications by wire, radio, or radio transmission of energy. "Communications common carrier" does not include, to the extent that the person is engaged in radio broadcasting, a person engaged in radio broadcasting.
(I) "Designated offense" means any of the following:
(1)
A felony violation of section 1315.53, 1315.55, 2903.01, 2903.02,
2903.11, 2905.01, 2905.02, 2905.11, 2905.22, 2905.32, 2907.011,
2907.02,
2907.21, 2907.22, 2909.02, 2909.03, 2909.04, 2909.22, 2909.23,
2909.24, 2909.26, 2909.27, 2909.28, 2909.29,
2911.01,
2911.02, 2911.11,
2911.12,2911.03,
2911.04,
2913.02,
2913.04, 2913.08,
2913.42,
2913.51, 2915.02, 2915.03, 2917.01, 2917.02, 2921.02, 2921.03,
2921.04,
2921.32,
2921.34, 2923.20, 2923.32, 2925.03, 2925.04, 2925.05, or 2925.06,
of division (B) of section 2909.22,
or
of division (B) of section 2915.05 or of division (E) or (G) of
section 3772.99 of the Revised Code;
(2) A violation of section 2919.23 of the Revised Code that, had it occurred prior to July 1, 1996, would have been a violation of section 2905.04 of the Revised Code as it existed prior to that date;
(3) A felony violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, as defined in section 2925.01 of the Revised Code;
(4) Complicity in the commission of a felony violation of a section listed in division (I)(1), (2), or (3) of this section;
(5) An attempt to commit, or conspiracy in the commission of, a felony violation of a section listed in division (I)(1), (2), or (3) of this section, if the attempt or conspiracy is punishable by a term of imprisonment of more than one year.
(J) "Aggrieved person" means a person who was a party to an intercepted wire, oral, or electronic communication or a person against whom the interception of the communication was directed.
(K) "Person" means a person, as defined in section 1.59 of the Revised Code, or a governmental officer, employee, or entity.
(L) "Special need" means a showing that a licensed physician, licensed practicing psychologist, attorney, practicing cleric, journalist, or either spouse is personally engaging in continuing criminal activity, was engaged in continuing criminal activity over a period of time, or is committing, has committed, or is about to commit, a designated offense, or a showing that specified public facilities are being regularly used by someone who is personally engaging in continuing criminal activity, was engaged in continuing criminal activity over a period of time, or is committing, has committed, or is about to commit, a designated offense.
(M) "Journalist" means a person engaged in, connected with, or employed by, any news media, including a newspaper, magazine, press association, news agency, or wire service, a radio or television station, or a similar media, for the purpose of gathering, processing, transmitting, compiling, editing, or disseminating news for the general public.
(N) "Electronic communication" means a transfer of a sign, signal, writing, image, sound, datum, or intelligence of any nature that is transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system. "Electronic communication" does not mean any of the following:
(1) A wire or oral communication;
(2) A communication made through a tone-only paging device;
(3) A communication from an electronic or mechanical tracking device that permits the tracking of the movement of a person or object.
(O) "User" means a person or entity that uses an electronic communication service and is duly authorized by the provider of the service to engage in the use of the electronic communication service.
(P) "Electronic communications system" means a wire, radio, electromagnetic, photoelectronic, or photo-optical facility for the transmission of electronic communications, and a computer facility or related electronic equipment for the electronic storage of electronic communications.
(Q) "Electronic communication service" means a service that provides to users of the service the ability to send or receive wire or electronic communications.
(R) "Readily accessible to the general public" means, with respect to a radio communication, that the communication is none of the following:
(1) Scrambled or encrypted;
(2) Transmitted using a modulation technique, the essential parameters of which have been withheld from the public with the intention of preserving the privacy of the communication;
(3) Carried on a subcarrier or other signal subsidiary to a radio transmission;
(4) Transmitted over a communications system provided by a communications common carrier, unless the communication is a tone-only paging system communication;
(5) Transmitted on a frequency allocated under part 25, subpart D, E, or F of part 74, or part 94 of the Rules of the Federal Communications Commission, as those provisions existed on July 1, 1996, unless, in the case of a communication transmitted on a frequency allocated under part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio.
(S) "Electronic storage" means a temporary, intermediate storage of a wire or electronic communication that is incidental to the electronic transmission of the communication, and a storage of a wire or electronic communication by an electronic communication service for the purpose of backup protection of the communication.
(T) "Aural transfer" means a transfer containing the human voice at a point between and including the point of origin and the point of reception.
(U) "Pen register" means a device that records or decodes electronic impulses that identify the numbers dialed, pulsed, or otherwise transmitted on telephone lines to which the device is attached.
(V) "Trap and trace device" means a device that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire communication or electronic communication was transmitted but that does not intercept the contents of the wire communication or electronic communication.
(W) "Judge of a court of common pleas" means a judge of that court who is elected or appointed as a judge of general jurisdiction or as a judge who exercises both general jurisdiction and probate, domestic relations, or juvenile jurisdiction. "Judge of a court of common pleas" does not mean a judge of that court who is elected or appointed specifically as a probate, domestic relations, or juvenile judge.
Sec.
2939.21. (A)
Once
every three months, the grand jurors shall visit the county jail,
examine its condition, and inquire into the discipline and treatment
of the prisoners, their habits, diet, and accommodations.
They
(B)(1) If a multicounty correctional center or multicounty-municipal correctional center is established as described in section 307.93 of the Revised Code to serve two or more counties, once every three months, the grand jurors of any or all of the counties served by the center may visit the facility, examine its contents, and inquire into the discipline and treatment of the prisoners, their habits, diet, and accommodations. Only one visit by grand jurors may be made under this division during any three-month period.
(2) If a municipal-county correctional center is established as described in section 307.93 of the Revised Code to serve a county, once every three months, the grand jurors of the county may visit the facility, examine its contents, and inquire into the discipline and treatment of the prisoners, their habits, diet, and accommodations.
(C)
When grand jurors visit a jail under division (A), (B)(1), or (B)(2)
of this section, they shall
report on these
the
matters
specified
in the particular division to
the court of common pleas of
the county served by the grand jurors in
writing. The clerk of the court of common pleas shall forward a copy
of the report to the department of rehabilitation and correction.
Sec.
2941.1413. (A)
Imposition of a mandatory additional prison term of one, two, three,
four, or five years upon an offender under division (G)(2) of section
2929.13 of the Revised Code is precluded unless the indictment, count
in the indictment, or information charging a felony violation of
division (A) of section 4511.19 of the Revised Code specifies that
the
either:
(1) The offender, within twenty years of the offense, previously has been convicted of or pleaded guilty to five or more equivalent offenses;
(2)
The offender previously has been convicted of or pleaded guilty to a
specification of the type described in this section.
The
(B) The specification shall be stated at the end of the body of the indictment, count, or information and shall be stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender, within twenty years of committing the offense, previously had been convicted of or pleaded guilty to five or more equivalent offenses or previously has been convicted of or pleaded guilty to a specification of the type described in section 2941.1413 of the Revised Code)."
(B)
(C)
As
used in division
(A) of this
section, "equivalent offense" has the same meaning as in
section 4511.181 of the Revised Code.
Sec.
2941.25. (A)
Where
the same conduct by defendant can be construed to constitute two or
more allied offenses of similar import, the indictment or information
may contain counts for all such offenses, but the defendant may be
convicted of only one.
(B)
Where the defendant's conduct constitutes two or more offenses of
dissimilar import, or where his conduct results in two or more
offenses of the same or similar kind committed separately or with a
separate animus as to each, the indictment or information may contain
counts for all such offenses, and the defendant may be convicted of
all of them
A
person may be charged with multiple offenses in a single indictment
or information, found guilty after trial or upon plea, and sentenced
for each offense unless the offenses are to be merged.
(B) Multiple offenses are to be merged if all of the following are true:
(1) The offenses were committed by conduct so connected in time and place as to constitute a single event.
(2) The offenses were committed with the same intent.
(3) The offenses involved the same victim.
(4) The offenses caused the same type of harm.
(C) If multiple offenses are to be merged, the prosecutor may elect the offense on which the prosecutor wishes to proceed to sentencing, and the trial judge shall merge the offenses into a single sentence on the elected count as a final appealable order with the findings of guilt on any unelected offense also being appealable. If the elected count for which the sentence is imposed is vacated on appeal or collateral assault, the case may be remanded and the trial court may impose a sentence for an offense previously merged to prevent a miscarriage of justice.
(D) As used in this section, "finding of guilt" and "found guilty" mean that an entry of guilt has been entered against the person, either by the court after a plea of guilty or no contest or by the trier of fact after a trial.
Sec.
2945.42. No
person is disqualified as a witness in a criminal prosecution by
reason of the person's interest in the prosecution as a party or
otherwise or by reason of the person's conviction of crime. Husband
and wife are competent witnesses to testify in behalf of each other
in all criminal prosecutions and to testify against each other in all
actions, prosecutions, and proceedings for personal injury of either
by the other, bigamy, or failure to provide for, neglect of, or
cruelty to their children under eighteen years of age or their
physically or mentally handicapped child under twenty-one years of
age. A spouse may testify against his or her spouse in a prosecution
under a provision of sections 2903.11 to 2903.13, 2919.21, 2919.22,
or 2919.25 of the Revised Code for cruelty to, neglect of, or
abandonment of such spouse, in a prosecution against his or her
spouse under section 2903.211 or 2911.211,division
(B) of section 2911.06
of
the Revised Code for the commission of the offense against the spouse
who is testifying, in a prosecution under section 2919.27 of the
Revised Code involving a protection order issued or consent agreement
approved pursuant to section 2919.26 or 3113.31 of the Revised Code
for the commission of the offense against the spouse who is
testifying, or in a prosecution under section 2907.011
or 2907.02
of the Revised Code for the commission of aggravated
rape or rape
or under former section 2907.12 of the Revised Code for felonious
sexual penetration against such spouse in a case in which the offense
can be committed against a spouse. Such interest, conviction, or
relationship may be shown for the purpose of affecting the
credibility of the witness. Husband or wife shall not testify
concerning a communication made by one to the other, or act done by
either in the presence of the other, during coverture, unless the
communication was made or act done in the known presence or hearing
of a third person competent to be a witness, or in case of personal
injury by either the husband or wife to the other, or rape or the
former offense of felonious sexual penetration in a case in which the
offense can be committed against a spouse, or bigamy, or failure to
provide for, or neglect or cruelty of either to their children under
eighteen years of age or their physically or mentally handicapped
child under twenty-one years of age, violation of a protection order
or consent agreement, or neglect or abandonment of a spouse under a
provision of those sections. The presence or whereabouts of the
husband or wife is not an act under this section. The rule is the
same if the marital relation has ceased to exist.
Sec. 2945.71. (A) Subject to division (D) of this section, a person against whom a charge is pending in a court not of record, or against whom a charge of minor misdemeanor is pending in a court of record, shall be brought to trial within thirty days after the person's arrest or the service of summons.
(B) Subject to division (D) of this section, a person against whom a charge of misdemeanor, other than a minor misdemeanor, is pending in a court of record, shall be brought to trial as follows:
(1) Within forty-five days after the person's arrest or the service of summons, if the offense charged is a misdemeanor of the third or fourth degree, or other misdemeanor for which the maximum penalty is imprisonment for not more than sixty days;
(2) Within ninety days after the person's arrest or the service of summons, if the offense charged is a misdemeanor of the first or second degree, or other misdemeanor for which the maximum penalty is imprisonment for more than sixty days.
(C) A person against whom a charge of felony is pending:
(1) Notwithstanding any provisions to the contrary in Criminal Rule 5(B), shall be accorded a preliminary hearing within fifteen consecutive days after the person's arrest if the accused is not held in jail in lieu of bail on the pending charge or within ten consecutive days after the person's arrest if the accused is held in jail in lieu of bail on the pending charge;
(2)
Shall
Except
as provided in division (C) of section 2945.73 of the Revised Code,
shall be
brought to trial within two hundred seventy days after the person's
arrest.
(D) A person against whom one or more charges of different degrees, whether felonies, misdemeanors, or combinations of felonies and misdemeanors, all of which arose out of the same act or transaction, are pending shall be brought to trial on all of the charges within the time period required for the highest degree of offense charged, as determined under divisions (A), (B), and (C) of this section.
(E) For purposes of computing time under divisions (A), (B), (C)(2), and (D) of this section, each day during which the accused is held in jail in lieu of bail on the pending charge shall be counted as three days. This division does not apply for purposes of computing time under division (C)(1) of this section or for purposes of computing the fourteen-day period specified in section 2945.73 of the Revised Code.
(F) This section shall not be construed to modify in any way section 2941.401 or sections 2963.30 to 2963.35 of the Revised Code.
Sec. 2945.73. (A) A charge of felony shall be dismissed if the accused is not accorded a preliminary hearing within the time required by sections 2945.71 and 2945.72 of the Revised Code. Such a dismissal has the same effect as a nolle prosequi.
(B)(1)
Upon
motion made at or prior to the commencement of trial, a person
charged with an
offense a
misdemeanor shall
be discharged if
he
the
person
is
not brought to trial within the time required by sections 2945.71 and
2945.72 of the Revised Code.
Such
a discharge is a bar to any further criminal proceedings against the
person based on the same conduct.
(C)(2)
Regardless
of whether a longer time limit may be provided by sections 2945.71
and 2945.72 of the Revised Code, a person charged with misdemeanor
shall be discharged if
he
the
person
is
held in jail in lieu of bond awaiting trial on the pending charge:
(1)(a)
For
a total period equal to the maximum term of imprisonment which may be
imposed for the most serious misdemeanor charged;
(2)(b)
For
a total period equal to the term of imprisonment allowed in lieu of
payment of the maximum fine which may be imposed for the most serious
misdemeanor charged, when the offense or offenses charged constitute
minor misdemeanors.
(D)
When a charge of (3)
A discharge under division (B)(2) of this section is a bar to any
further criminal proceedings against the person based on the same
conduct.
(C)(1)
A person charged with a felony
is
dismissed pursuant to division (A) of this section, such dismissal
has the same effect as a nolle prosequi. When an accused is
discharged pursuant to division (B) or (C) of this section, such
discharge is a bar to any further criminal proceedings against him
based on the same conduct,
who is not brought to trial within the time required by sections
2945.71 and 2945.72 of the Revised Code, is eligible for release from
detention. The court may release the person from any detention in
connection with the charges pending trial and may impose any terms or
conditions on the release that the court considers appropriate.
(2) Upon motion made at or before the commencement of trial, but not sooner than fourteen days before the day the person would become eligible for release pursuant to division (C)(1) of this section, the charges shall be dismissed with prejudice unless the person is brought to trial on those charges within fourteen days after the motion is filed and served on the prosecuting attorney. If no motion is filed, the charges shall be dismissed with prejudice unless the person is brought to trial on those charges within fourteen days after it is determined by the court that the time for trial required by sections 2945.71 and 2945.72 of the Revised Code has expired. The fourteen-day period specified under this division may be extended at the request of the accused or on account of the fault or misconduct of the accused.
Sec. 2950.01. As used in this chapter, unless the context clearly requires otherwise:
(A) "Sexually oriented offense" means any of the following violations or offenses committed by a person, regardless of the person's age:
(1) A violation of section 2907.011, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.21, 2907.22, 2907.32, 2907.321, 2907.322, or 2907.323 of the Revised Code;
(2) A violation of section 2907.04 of the Revised Code when the offender is less than four years older than the other person with whom the offender engaged in sexual conduct, the other person did not consent to the sexual conduct, and the offender previously has not been convicted of or pleaded guilty to a violation of section 2907.011, 2907.02, 2907.03, or 2907.04 of the Revised Code or a violation of former section 2907.12 of the Revised Code;
(3) A violation of section 2907.04 of the Revised Code when the offender is at least four years older than the other person with whom the offender engaged in sexual conduct or when the offender is less than four years older than the other person with whom the offender engaged in sexual conduct and the offender previously has been convicted of or pleaded guilty to a violation of section 2907.011, 2907.02, 2907.03, or 2907.04 of the Revised Code or a violation of former section 2907.12 of the Revised Code;
(4) A violation of section 2903.01, 2903.02, or 2903.11 of the Revised Code when the violation was committed with a sexual motivation;
(5) A violation of division (A) of section 2903.04 of the Revised Code when the offender committed or attempted to commit the felony that is the basis of the violation with a sexual motivation;
(6) A violation of division (A)(3) of section 2903.211 of the Revised Code;
(7) A violation of division (A)(1), (2), (3), or (5) of section 2905.01 of the Revised Code when the offense is committed with a sexual motivation;
(8) A violation of division (A)(4) of section 2905.01 of the Revised Code;
(9) A violation of division (B) of section 2905.01 of the Revised Code when the victim of the offense is under eighteen years of age and the offender is not a parent of the victim of the offense;
(10) A violation of division (B) of section 2903.03, of division (B) of section 2905.02, of division (B) of section 2905.03, of division (B) of section 2905.05, or of division (B)(5) of section 2919.22 of the Revised Code;
(11) A violation of section 2905.32 of the Revised Code when either of the following applies:
(a) The violation is a violation of division (A)(1) of that section and the offender knowingly recruited, lured, enticed, isolated, harbored, transported, provided, obtained, or maintained, or knowingly attempted to recruit, lure, entice, isolate, harbor, transport, provide, obtain, or maintain, another person knowing that the person would be compelled to engage in sexual activity for hire, engage in a performance that was obscene, sexually oriented, or nudity oriented, or be a model or participant in the production of material that was obscene, sexually oriented, or nudity oriented.
(b) The violation is a violation of division (A)(2) of that section and the offender knowingly recruited, lured, enticed, isolated, harbored, transported, provided, obtained, or maintained, or knowingly attempted to recruit, lure, entice, isolate, harbor, transport, provide, obtain, or maintain a person who is less than eighteen years of age or is a person with a developmental disability whom the offender knows or has reasonable cause to believe is a person with a developmental disability for any purpose listed in divisions (A)(2)(a) to (c) of that section.
(12) A violation of division (B)(4) of section 2907.09 of the Revised Code if the sentencing court classifies the offender as a tier I sex offender/child-victim offender relative to that offense pursuant to division (D) of that section;
(13) A violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States that is or was substantially equivalent to any offense listed in division (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), or (12) of this section;
(14) Any attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), or (13) of this section.
(B)(1) "Sex offender" means, subject to division (B)(2) of this section, a person who is convicted of, pleads guilty to, has been convicted of, has pleaded guilty to, is adjudicated a delinquent child for committing, or has been adjudicated a delinquent child for committing any sexually oriented offense.
(2) "Sex offender" does not include a person who is convicted of, pleads guilty to, has been convicted of, has pleaded guilty to, is adjudicated a delinquent child for committing, or has been adjudicated a delinquent child for committing a sexually oriented offense if the offense involves consensual sexual conduct or consensual sexual contact and either of the following applies:
(a) The victim of the sexually oriented offense was eighteen years of age or older and at the time of the sexually oriented offense was not under the custodial authority of the person who is convicted of, pleads guilty to, has been convicted of, has pleaded guilty to, is adjudicated a delinquent child for committing, or has been adjudicated a delinquent child for committing the sexually oriented offense.
(b) The victim of the offense was thirteen years of age or older, and the person who is convicted of, pleads guilty to, has been convicted of, has pleaded guilty to, is adjudicated a delinquent child for committing, or has been adjudicated a delinquent child for committing the sexually oriented offense is not more than four years older than the victim.
(C) "Child-victim oriented offense" means any of the following violations or offenses committed by a person, regardless of the person's age, when the victim is under eighteen years of age and is not a child of the person who commits the violation:
(1) A violation of division (A)(1), (2), (3), or (5) of section 2905.01 of the Revised Code when the violation is not included in division (A)(7) of this section;
(2) A violation of division (A) of section 2905.02, division (A) of section 2905.03, or division (A) of section 2905.05 of the Revised Code;
(3) A violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States that is or was substantially equivalent to any offense listed in division (C)(1) or (2) of this section;
(4) Any attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (C)(1), (2), or (3) of this section.
(D) "Child-victim offender" means a person who is convicted of, pleads guilty to, has been convicted of, has pleaded guilty to, is adjudicated a delinquent child for committing, or has been adjudicated a delinquent child for committing any child-victim oriented offense.
(E) "Tier I sex offender/child-victim offender" means any of the following:
(1) A sex offender who is convicted of, pleads guilty to, has been convicted of, or has pleaded guilty to any of the following sexually oriented offenses:
(a) A violation of section 2907.06, 2907.07, 2907.08, 2907.22, or 2907.32 of the Revised Code;
(b) A violation of section 2907.04 of the Revised Code when the offender is less than four years older than the other person with whom the offender engaged in sexual conduct, the other person did not consent to the sexual conduct, and the offender previously has not been convicted of or pleaded guilty to a violation of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a violation of former section 2907.12 of the Revised Code;
(c) A violation of division (A)(1), (2), (3), or (5) of section 2907.05 of the Revised Code;
(d) A violation of division (A)(3) of section 2907.323 of the Revised Code;
(e) A violation of division (A)(3) of section 2903.211, of division (B) of section 2905.03, or of division (B) of section 2905.05 of the Revised Code;
(f) A violation of division (B)(4) of section 2907.09 of the Revised Code if the sentencing court classifies the offender as a tier I sex offender/child-victim offender relative to that offense pursuant to division (D) of that section;
(g) A violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States, that is or was substantially equivalent to any offense listed in division (E)(1)(a), (b), (c), (d), (e), or (f) of this section;
(h) Any attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (E)(1)(a), (b), (c), (d), (e), (f), or (g) of this section.
(2) A child-victim offender who is convicted of, pleads guilty to, has been convicted of, or has pleaded guilty to a child-victim oriented offense and who is not within either category of child-victim offender described in division (F)(2) or (G)(2) of this section.
(3) A sex offender who is adjudicated a delinquent child for committing or has been adjudicated a delinquent child for committing any sexually oriented offense and who a juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a tier I sex offender/child-victim offender relative to the offense.
(4) A child-victim offender who is adjudicated a delinquent child for committing or has been adjudicated a delinquent child for committing any child-victim oriented offense and who a juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a tier I sex offender/child-victim offender relative to the offense.
(F) "Tier II sex offender/child-victim offender" means any of the following:
(1) A sex offender who is convicted of, pleads guilty to, has been convicted of, or has pleaded guilty to any of the following sexually oriented offenses:
(a) A violation of section 2907.21, 2907.321, or 2907.322 of the Revised Code;
(b) A violation of section 2907.04 of the Revised Code when the offender is at least four years older than the other person with whom the offender engaged in sexual conduct, or when the offender is less than four years older than the other person with whom the offender engaged in sexual conduct and the offender previously has been convicted of or pleaded guilty to a violation of section 2907.011, 2907.02, 2907.03, or 2907.04 of the Revised Code or former section 2907.12 of the Revised Code;
(c) A violation of division (A)(4) of section 2907.05 or of division (A)(1) or (2) of section 2907.323 of the Revised Code;
(d) A violation of division (A)(1), (2), (3), or (5) of section 2905.01 of the Revised Code when the offense is committed with a sexual motivation;
(e) A violation of division (A)(4) of section 2905.01 of the Revised Code when the victim of the offense is eighteen years of age or older;
(f) A violation of division (B) of section 2905.02 or of division (B)(5) of section 2919.22 of the Revised Code;
(g) A violation of section 2905.32 of the Revised Code that is described in division (A)(11)(a) or (b) of this section;
(h) A violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States that is or was substantially equivalent to any offense listed in division (F)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;
(i) Any attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (F)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this section;
(j) Any sexually oriented offense that is committed after the sex offender previously has been convicted of, pleaded guilty to, or has been adjudicated a delinquent child for committing any sexually oriented offense or child-victim oriented offense for which the offender was classified a tier I sex offender/child-victim offender.
(2) A child-victim offender who is convicted of, pleads guilty to, has been convicted of, or has pleaded guilty to any child-victim oriented offense when the child-victim oriented offense is committed after the child-victim offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing any sexually oriented offense or child-victim oriented offense for which the offender was classified a tier I sex offender/child-victim offender.
(3) A sex offender who is adjudicated a delinquent child for committing or has been adjudicated a delinquent child for committing any sexually oriented offense and who a juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a tier II sex offender/child-victim offender relative to the offense.
(4) A child-victim offender who is adjudicated a delinquent child for committing or has been adjudicated a delinquent child for committing any child-victim oriented offense and whom a juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a tier II sex offender/child-victim offender relative to the current offense.
(5) A sex offender or child-victim offender who is not in any category of tier II sex offender/child-victim offender set forth in division (F)(1), (2), (3), or (4) of this section, who prior to January 1, 2008, was adjudicated a delinquent child for committing a sexually oriented offense or child-victim oriented offense, and who prior to that date was determined to be a habitual sex offender or determined to be a habitual child-victim offender, unless either of the following applies:
(a) The sex offender or child-victim offender is reclassified pursuant to section 2950.031 or 2950.032 of the Revised Code as a tier I sex offender/child-victim offender or a tier III sex offender/child-victim offender relative to the offense.
(b) A juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code, classifies the child a tier I sex offender/child-victim offender or a tier III sex offender/child-victim offender relative to the offense.
(G) "Tier III sex offender/child-victim offender" means any of the following:
(1) A sex offender who is convicted of, pleads guilty to, has been convicted of, or has pleaded guilty to any of the following sexually oriented offenses:
(a) A violation of section 2907.011, 2907.02, or 2907.03 of the Revised Code;
(b) A violation of division (B) of section 2907.05 of the Revised Code;
(c) A violation of section 2903.01, 2903.02, or 2903.11 of the Revised Code when the violation was committed with a sexual motivation;
(d) A violation of division (A) of section 2903.04 of the Revised Code when the offender committed or attempted to commit the felony that is the basis of the violation with a sexual motivation;
(e) A violation of division (A)(4) of section 2905.01 of the Revised Code when the victim of the offense is under eighteen years of age;
(f) A violation of division (B) of section 2905.01 of the Revised Code when the victim of the offense is under eighteen years of age and the offender is not a parent of the victim of the offense;
(g) A violation of division (B) of section 2903.03 of the Revised Code;
(h) A violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States that is or was substantially equivalent to any offense listed in division (G)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;
(i) Any attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (G)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this section;
(j) Any sexually oriented offense that is committed after the sex offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing any sexually oriented offense or child-victim oriented offense for which the offender was classified a tier II sex offender/child-victim offender or a tier III sex offender/child-victim offender.
(2) A child-victim offender who is convicted of, pleads guilty to, has been convicted of, or has pleaded guilty to any child-victim oriented offense when the child-victim oriented offense is committed after the child-victim offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing any sexually oriented offense or child-victim oriented offense for which the offender was classified a tier II sex offender/child-victim offender or a tier III sex offender/child-victim offender.
(3) A sex offender who is adjudicated a delinquent child for committing or has been adjudicated a delinquent child for committing any sexually oriented offense and who a juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a tier III sex offender/child-victim offender relative to the offense.
(4) A child-victim offender who is adjudicated a delinquent child for committing or has been adjudicated a delinquent child for committing any child-victim oriented offense and whom a juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a tier III sex offender/child-victim offender relative to the current offense.
(5) A sex offender or child-victim offender who is not in any category of tier III sex offender/child-victim offender set forth in division (G)(1), (2), (3), or (4) of this section, who prior to January 1, 2008, was convicted of or pleaded guilty to a sexually oriented offense or child-victim oriented offense or was adjudicated a delinquent child for committing a sexually oriented offense or child-victim oriented offense and classified a juvenile offender registrant, and who prior to that date was adjudicated a sexual predator or adjudicated a child-victim predator, unless either of the following applies:
(a) The sex offender or child-victim offender is reclassified pursuant to section 2950.031 or 2950.032 of the Revised Code as a tier I sex offender/child-victim offender or a tier II sex offender/child-victim offender relative to the offense.
(b) The sex offender or child-victim offender is a delinquent child, and a juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code, classifies the child a tier I sex offender/child-victim offender or a tier II sex offender/child-victim offender relative to the offense.
(6) A sex offender who is convicted of, pleads guilty to, was convicted of, or pleaded guilty to a sexually oriented offense, if the sexually oriented offense and the circumstances in which it was committed are such that division (F) of section 2971.03 of the Revised Code automatically classifies the offender as a tier III sex offender/child-victim offender;
(7) A sex offender or child-victim offender who is convicted of, pleads guilty to, was convicted of, pleaded guilty to, is adjudicated a delinquent child for committing, or was adjudicated a delinquent child for committing a sexually oriented offense or child-victim offense in another state, in a federal court, military court, or Indian tribal court, or in a court in any nation other than the United States if both of the following apply:
(a) Under the law of the jurisdiction in which the offender was convicted or pleaded guilty or the delinquent child was adjudicated, the offender or delinquent child is in a category substantially equivalent to a category of tier III sex offender/child-victim offender described in division (G)(1), (2), (3), (4), (5), or (6) of this section.
(b) Subsequent to the conviction, plea of guilty, or adjudication in the other jurisdiction, the offender or delinquent child resides, has temporary domicile, attends school or an institution of higher education, is employed, or intends to reside in this state in any manner and for any period of time that subjects the offender or delinquent child to a duty to register or provide notice of intent to reside under section 2950.04 or 2950.041 of the Revised Code.
(H) "Confinement" includes, but is not limited to, a community residential sanction imposed pursuant to section 2929.16 or 2929.26 of the Revised Code.
(I) "Prosecutor" has the same meaning as in section 2935.01 of the Revised Code.
(J) "Supervised release" means a release of an offender from a prison term, a term of imprisonment, or another type of confinement that satisfies either of the following conditions:
(1) The release is on parole, a conditional pardon, under a community control sanction, under transitional control, or under a post-release control sanction, and it requires the person to report to or be supervised by a parole officer, probation officer, field officer, or another type of supervising officer.
(2) The release is any type of release that is not described in division (J)(1) of this section and that requires the person to report to or be supervised by a probation officer, a parole officer, a field officer, or another type of supervising officer.
(K) "Sexually violent predator specification," "sexually violent predator," "sexually violent offense," "sexual motivation specification," "designated homicide, assault, or kidnapping offense," and "violent sex offense" have the same meanings as in section 2971.01 of the Revised Code.
(L) "Post-release control sanction" and "transitional control" have the same meanings as in section 2967.01 of the Revised Code.
(M) "Juvenile offender registrant" means a person who is adjudicated a delinquent child for committing on or after January 1, 2002, a sexually oriented offense or a child-victim oriented offense, who is fourteen years of age or older at the time of committing the offense, and who a juvenile court judge, pursuant to an order issued under section 2152.82, 2152.83, 2152.84, 2152.85, or 2152.86 of the Revised Code, classifies a juvenile offender registrant and specifies has a duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code. "Juvenile offender registrant" includes a person who prior to January 1, 2008, was a "juvenile offender registrant" under the definition of the term in existence prior to January 1, 2008, and a person who prior to July 31, 2003, was a "juvenile sex offender registrant" under the former definition of that former term.
(N) "Public registry-qualified juvenile offender registrant" means a person who is adjudicated a delinquent child and on whom a juvenile court has imposed a serious youthful offender dispositional sentence under section 2152.13 of the Revised Code before, on, or after January 1, 2008, and to whom all of the following apply:
(1) The person is adjudicated a delinquent child for committing, attempting to commit, conspiring to commit, or complicity in committing one of the following acts:
(a) A violation of section 2907.011 or 2907.02 of the Revised Code, division (B) of section 2907.05 of the Revised Code, or section 2907.03 of the Revised Code if the victim of the violation was less than twelve years of age;
(b) A violation of section 2903.01, 2903.02, or 2905.01 of the Revised Code that was committed with a purpose to gratify the sexual needs or desires of the child;
(c) A violation of division (B) of section 2903.03 of the Revised Code.
(2) The person was fourteen, fifteen, sixteen, or seventeen years of age at the time of committing the act.
(3) A juvenile court judge, pursuant to an order issued under section 2152.86 of the Revised Code, classifies the person a juvenile offender registrant, specifies the person has a duty to comply with sections 2950.04, 2950.05, and 2950.06 of the Revised Code, and classifies the person a public registry-qualified juvenile offender registrant, and the classification of the person as a public registry-qualified juvenile offender registrant has not been terminated pursuant to division (D) of section 2152.86 of the Revised Code.
(O) "Secure facility" means any facility that is designed and operated to ensure that all of its entrances and exits are locked and under the exclusive control of its staff and to ensure that, because of that exclusive control, no person who is institutionalized or confined in the facility may leave the facility without permission or supervision.
(P) "Out-of-state juvenile offender registrant" means a person who is adjudicated a delinquent child in a court in another state, in a federal court, military court, or Indian tribal court, or in a court in any nation other than the United States for committing a sexually oriented offense or a child-victim oriented offense, who on or after January 1, 2002, moves to and resides in this state or temporarily is domiciled in this state for more than five days, and who has a duty under section 2950.04 or 2950.041 of the Revised Code to register in this state and the duty to otherwise comply with that applicable section and sections 2950.05 and 2950.06 of the Revised Code. "Out-of-state juvenile offender registrant" includes a person who prior to January 1, 2008, was an "out-of-state juvenile offender registrant" under the definition of the term in existence prior to January 1, 2008, and a person who prior to July 31, 2003, was an "out-of-state juvenile sex offender registrant" under the former definition of that former term.
(Q) "Juvenile court judge" includes a magistrate to whom the juvenile court judge confers duties pursuant to division (A)(15) of section 2151.23 of the Revised Code.
(R) "Adjudicated a delinquent child for committing a sexually oriented offense" includes a child who receives a serious youthful offender dispositional sentence under section 2152.13 of the Revised Code for committing a sexually oriented offense.
(S) "School" and "school premises" have the same meanings as in section 2925.01 of the Revised Code.
(T) "Residential premises" means the building in which a residential unit is located and the grounds upon which that building stands, extending to the perimeter of the property. "Residential premises" includes any type of structure in which a residential unit is located, including, but not limited to, multi-unit buildings and mobile and manufactured homes.
(U) "Residential unit" means a dwelling unit for residential use and occupancy, and includes the structure or part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or two or more persons who maintain a common household. "Residential unit" does not include a halfway house or a community-based correctional facility.
(V) "Multi-unit building" means a building in which is located more than twelve residential units that have entry doors that open directly into the unit from a hallway that is shared with one or more other units. A residential unit is not considered located in a multi-unit building if the unit does not have an entry door that opens directly into the unit from a hallway that is shared with one or more other units or if the unit is in a building that is not a multi-unit building as described in this division.
(W)
"Community control sanction,"
has
"jail,"
and "prison" have the
same meaning
meanings
as
in section 2929.01 of the Revised Code.
(X) "Halfway house" and "community-based correctional facility" have the same meanings as in section 2929.01 of the Revised Code.
(Y) "Arson-related offense" means any of the following violations or offenses committed by a person:
(1) A violation of section 2909.02 or 2909.03 of the Revised Code;
(2) Any attempt to commit, conspiracy to commit, or complicity in committing either offense listed in division (Y)(1) of this section.
(Z) "Arson offender" means any of the following:
(1) A person who on or after July 1, 2013, is convicted of or pleads guilty to an arson-related offense;
(2) A person who on July 1, 2013, has been convicted of or pleaded guilty to an arson-related offense and is confined in a jail, workhouse, state correctional institution, or other institution, serving a prison term, term of imprisonment, or other term of confinement for the offense;
(3) A person who on or after July 1, 2013, is charged with committing, attempting to commit, conspiring to commit, or complicity in committing a violation of section 2909.02 or 2909.03 of the Revised Code and who pleads guilty to a violation of any provision of Chapter 2909. of the Revised Code other than section 2909.02 or 2909.03 of the Revised Code.
(AA) "Firefighter" has the same meaning as in section 4765.01 of the Revised Code.
(BB) "Out-of-state arson offender" means a person who is convicted of, pleads guilty to, has been convicted of, or has pleaded guilty to a violation of any existing or former municipal ordinance or law of another state or the United States, or any existing or former law applicable in a military court or in an Indian tribal court, that is or was substantially equivalent to a violation of section 2909.02 or 2909.03 of the Revised Code.
Sec.
2909.14
2950.21.
(A)
Each arson offender shall be provided notice of the arson offender's
duty to register personally with the sheriff of the county in which
the arson offender resides or that sheriff's designee. The following
persons shall provide the notice at the following times:
(1)
On or after
the
effective date of this section
July
1, 2013,
the official in charge of a jail, workhouse, state correctional
institution, or other institution in which an arson offender is
serving a prison term, term of imprisonment, or other term of
confinement, or the official's designee, shall provide the notice to
the arson offender before the arson offender is released pursuant to
any type of supervised release or before the arson offender is
otherwise released from the prison term, term of imprisonment, or
other term of confinement.
(2)
If an arson offender is sentenced on or after the
effective date of this section
July
1, 2013,
for
an arson-related offense and the judge does not sentence the arson
offender to a prison term, term of imprisonment, or other term of
confinement in a jail, workhouse, state correctional institution, or
other institution for that offense, the judge shall provide the
notice to the arson offender at the time of the arson offender's
sentencing.
(B) The judge, official, or official's designee providing the notice under divisions (A)(1) and (2) of this section shall require the arson offender to read and sign a form stating that the arson offender has received and understands the notice. If the arson offender is unable to read, the judge, official, or official's designee shall inform the arson offender of the arson offender's duties as set forth in the notice and shall certify on the form that the judge, official, or official's designee informed the arson offender of the arson offender's duties and that the arson offender indicated an understanding of those duties.
(C) The attorney general shall prescribe the notice and the form provided under division (B) of this section. The notice shall include notice of the arson offender's duties to reregister annually.
(D) The person providing the notice under division (B) of this section shall provide a copy of the notice and signed form to the arson offender. The person providing the notice also shall determine the county in which the arson offender intends to reside and shall provide a copy of the signed form to the sheriff of that county in accordance with rules adopted by the attorney general pursuant to Chapter 119. of the Revised Code.
Sec.
2909.15
2950.22.
(A)
Each arson offender who has received notice pursuant to section
2909.14 of the Revised Code shall register personally with the
sheriff of the county in which the arson offender resides or that
sheriff's designee within the following time periods:
(1)
An arson offender who receives notice under division (A)(1) of
section 2909.14
2950.21
of
the Revised Code shall register within ten days after the arson
offender is released from a jail, workhouse, state correctional
institution, or other institution, unless the arson offender is being
transferred to the custody of another jail, workhouse, state
correctional institution, or other institution. The arson offender is
not required to register with any sheriff or designee prior to
release.
(2)
An arson offender who receives notice under division (A)(2) of
section 2909.14
2950.21
of
the Revised Code shall register within ten days after the sentencing
hearing.
(B) Each out-of-state arson offender shall register personally with the sheriff of the county in which the out-of-state arson offender resides or that sheriff's designee within ten days after residing in or occupying a dwelling in this state for more than three consecutive days.
(C)(1) An arson offender or out-of-state arson offender shall register personally with the sheriff of the county in which the offender resides or that sheriff's designee. The registrant shall obtain from the sheriff or designee a copy of a registration form prescribed by the attorney general that conforms to division (C)(2) of this section, shall complete and sign the form, and shall return to the sheriff or designee the completed and signed form together with the identification records required under division (C)(3) of this section.
(2) The registration form to be used under division (C)(1) of this section shall include or contain all of the following for the arson offender or out-of-state arson offender who is registering:
(a) The arson offender's or out-of-state arson offender's full name and any alias used;
(b) The arson offender's or out-of-state arson offender's residence address;
(c) The arson offender's or out-of-state arson offender's social security number;
(d) Any driver's license number, commercial driver's license number, or state identification card number issued to the arson offender or out-of-state arson offender by this or another state;
(e)
The offense that
of
which the
arson offender or out-of-state arson offender was convicted of
or
to
which the offender pleaded
guilty
to;
(f) The name and address of any place where the arson offender or out-of-state arson offender is employed;
(g) The name and address of any school or institution of higher education that the arson offender or out-of-state arson offender is attending;
(h) The identification license plate number of each vehicle owned or operated by the arson offender or out-of-state arson offender or registered in the arson offender's or out-of-state arson offender's name, the vehicle identification number of each vehicle, and a description of each vehicle;
(i) A description of any scars, tattoos, or other distinguishing marks on the arson offender or out-of-state arson offender;
(j) Any other information required by the attorney general.
(3) The arson offender or out-of-state arson offender shall provide fingerprints and palm prints at the time of registration. The sheriff or sheriff's designee shall obtain a photograph of the arson offender or out-of-state arson offender at the time of registration.
(D)(1) Each arson offender or out-of-state arson offender shall reregister annually, in person, with the sheriff of the county in which the offender resides or that sheriff's designee within ten days of the anniversary of the calendar date on which the offender initially registered. The registrant shall reregister by completing, signing, and returning to the sheriff or designee a copy of the registration form prescribed by the attorney general and described in divisions (C)(1) and (2) of this section, amending any information required under division (C) of this section that has changed since the registrant's last registration, and providing any additional registration information required by the attorney general. The sheriff or designee with whom the arson offender or out-of-state arson offender reregisters shall obtain a new photograph of the offender annually when the offender reregisters. Additionally, if the arson offender's or out-of-state arson offender's most recent registration or reregistration was with a sheriff or designee of a sheriff of a different county, the offender shall provide written notice of the offender's change of residence address to that sheriff or a designee of that sheriff.
(2)(a) Except as provided in division (D)(2)(b) of this section, the duty of an arson offender or out-of-state arson offender to reregister annually shall continue until the offender's death.
(b) The judge may limit an arson offender's duty to reregister at an arson offender's sentencing hearing to not less than ten years if the judge receives a request from the prosecutor and the investigating law enforcement agency to consider limiting the arson offender's registration period.
(3) The official in charge of a jail, workhouse, state correctional institution, or other institution shall notify the attorney general in accordance with rules adopted by the attorney general pursuant to Chapter 119. of the Revised Code if a registered arson offender or out-of-state arson offender is confined in the jail, workhouse, state correctional institution, or other institution.
(E)(1) After an arson offender or out-of-state arson offender registers or reregisters with a sheriff or a sheriff's designee pursuant to this section, the sheriff or designee shall forward the offender's signed, written registration form, photograph, fingerprints, palm prints, and other materials to the bureau of criminal identification and investigation in accordance with forwarding procedures adopted by the attorney general under division (G) of this section. The bureau shall include the information and materials forwarded to it under this division in the registry of arson offenders and out-of-state arson offenders established and maintained under division (E)(2) of this section.
(2) The bureau of criminal identification and investigation shall establish and maintain a registry of arson offenders and out-of-state arson offenders that includes the information and materials the bureau receives pursuant to division (D)(1) of this section. The bureau shall make the registry available to the fire marshal's office, to state and local law enforcement officers, and to any firefighter who is authorized by the chief of the agency the firefighter serves to review the record through the Ohio law enforcement gateway or its successor. The registry of arson offenders and out-of-state arson offenders maintained by the bureau is not a public record under section 149.43 of the Revised Code.
(F) Each sheriff or sheriff's designee with whom an arson offender or out-of-state arson offender registers or reregisters under this section shall collect a registration fee of fifty dollars and an annual reregistration fee of twenty-five dollars from each arson offender or out-of-state arson offender who registers or reregisters with the sheriff or designee. By the last day of March, the last day of June, the last day of September, and the last day of December in each year, each sheriff who collects or whose designee collects any fees under this division in the preceding three-month period shall send to the attorney general the fees collected during that period. The fees shall be used for the maintenance of the registry of arson offenders and out-of-state arson offenders. A sheriff or designee may waive a fee for an indigent arson offender or out-of-state arson offender.
(G) The attorney general shall prescribe the forms to be used by arson offenders and out-of-state arson offenders to register, reregister, and provide notice of a change of residence address under divisions (A) to (D) of this section. The attorney general shall adopt procedures for sheriffs to use to forward information, photographs, fingerprints, palm prints, and other materials to the bureau of criminal identification and investigation pursuant to division (E)(1) of this section.
(H)
Whoever fails to register or reregister as required by this section
is guilty of a felony of the fifth degree. If an arson offender or
out-of-state arson offender is subject
to a community control sanction, is on
probation
or parole,
is subject to one or more post-release control sanctions,
or
is subject to any other type of supervised release at the time of the
violation, the violation shall constitute a violation of the terms
and conditions of the
community
control sanction
probation,
parole, post-release
control sanction, or
other type of supervised
released
release.
Sec. 2951.041. (A)(1) If an offender is charged with a criminal offense, including but not limited to a violation of section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of the Revised Code, and the court has reason to believe that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged or that, at the time of committing that offense, the offender had a mental illness, was a person with an intellectual disability, or was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code and that the mental illness, status as a person with an intellectual disability, or fact that the offender was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code was a factor leading to the offender's criminal behavior, the court may accept, prior to the entry of a guilty plea, the offender's request for intervention in lieu of conviction. The request shall include a statement from the offender as to whether the offender is alleging that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged or is alleging that, at the time of committing that offense, the offender had a mental illness, was a person with an intellectual disability, or was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code and that the mental illness, status as a person with an intellectual disability, or fact that the offender was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code was a factor leading to the criminal offense with which the offender is charged. The request also shall include a waiver of the defendant's right to a speedy trial, the preliminary hearing, the time period within which the grand jury may consider an indictment against the offender, and arraignment, unless the hearing, indictment, or arraignment has already occurred. Unless an offender alleges that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged, the court may reject an offender's request without a hearing. If the court elects to consider an offender's request or the offender alleges that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged, the court shall conduct a hearing to determine whether the offender is eligible under this section for intervention in lieu of conviction and shall stay all criminal proceedings pending the outcome of the hearing. If the court schedules a hearing, the court shall order an assessment of the offender for the purpose of determining the offender's program eligibility for intervention in lieu of conviction and recommending an appropriate intervention plan.
If the offender alleges that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged, the court may order that the offender be assessed by a community addiction services provider or a properly credentialed professional for the purpose of determining the offender's program eligibility for intervention in lieu of conviction and recommending an appropriate intervention plan. The community addiction services provider or the properly credentialed professional shall provide a written assessment of the offender to the court.
(2) The victim notification provisions of division (C) of section 2930.06 of the Revised Code apply in relation to any hearing held under division (A)(1) of this section.
(B) An offender is eligible for intervention in lieu of conviction if the court finds all of the following:
(1) The offender previously has not been convicted of or pleaded guilty to any felony offense of violence.
(2) The offense is not a felony of the first, second, or third degree, is not an offense of violence, is not a felony sex offense, is not a violation of division (A)(1) or (2) of section 2903.06 of the Revised Code, is not a violation of division (A)(1) of section 2903.08 of the Revised Code, is not a violation of division (A) of section 4511.19 of the Revised Code or a municipal ordinance that is substantially similar to that division, and is not an offense for which a sentencing court is required to impose a mandatory prison term.
(3) The offender is not charged with a violation of section 2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged with a violation of section 2925.03 of the Revised Code that is a felony of the first, second, third, or fourth degree, and is not charged with a violation of section 2925.11 of the Revised Code that is a felony of the first or second degree.
(4) If an offender alleges that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged, the court has ordered that the offender be assessed by a community addiction services provider or a properly credentialed professional for the purpose of determining the offender's program eligibility for intervention in lieu of conviction and recommending an appropriate intervention plan, the offender has been assessed by a community addiction services provider of that nature or a properly credentialed professional in accordance with the court's order, and the community addiction services provider or properly credentialed professional has filed the written assessment of the offender with the court.
(5) If an offender alleges that, at the time of committing the criminal offense with which the offender is charged, the offender had a mental illness, was a person with an intellectual disability, or was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code and that the mental illness, status as a person with an intellectual disability, or fact that the offender was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code was a factor leading to that offense, the offender has been assessed by a psychiatrist, psychologist, independent social worker, licensed professional clinical counselor, or independent marriage and family therapist for the purpose of determining the offender's program eligibility for intervention in lieu of conviction and recommending an appropriate intervention plan.
(6) The offender's drug usage, alcohol usage, mental illness, or intellectual disability, or the fact that the offender was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code, whichever is applicable, was a factor leading to the criminal offense with which the offender is charged, intervention in lieu of conviction would not demean the seriousness of the offense, and intervention would substantially reduce the likelihood of any future criminal activity.
(7) The alleged victim of the offense was not sixty-five years of age or older, permanently and totally disabled, under thirteen years of age, or a peace officer engaged in the officer's official duties at the time of the alleged offense.
(8) If the offender is charged with a violation of section 2925.24 of the Revised Code, the alleged violation did not result in physical harm to any person.
(9) The offender is willing to comply with all terms and conditions imposed by the court pursuant to division (D) of this section.
(10) The offender is not charged with an offense that would result in the offender being disqualified under Chapter 4506. of the Revised Code from operating a commercial motor vehicle or would subject the offender to any other sanction under that chapter.
(C) At the conclusion of a hearing held pursuant to division (A) of this section, the court shall determine whether the offender will be granted intervention in lieu of conviction. In making this determination, the court shall presume that intervention in lieu of conviction is appropriate. If the court finds under this division and division (B) of this section that the offender is eligible for intervention in lieu of conviction, the court shall grant the offender's request unless the court finds specific reasons to believe that the candidate's participation in intervention in lieu of conviction would be inappropriate.
If the court denies an eligible offender's request for intervention in lieu of conviction, the court shall state the reasons for the denial, with particularity, in a written entry.
If the court grants the offender's request, the court shall accept the offender's plea of guilty and waiver of the defendant's right to a speedy trial, the preliminary hearing, the time period within which the grand jury may consider an indictment against the offender, and arraignment, unless the hearing, indictment, or arraignment has already occurred. In addition, the court then may stay all criminal proceedings and order the offender to comply with all terms and conditions imposed by the court pursuant to division (D) of this section. If the court finds that the offender is not eligible or does not grant the offender's request, the criminal proceedings against the offender shall proceed as if the offender's request for intervention in lieu of conviction had not been made.
(D) If the court grants an offender's request for intervention in lieu of conviction, the court shall place the offender under the general control and supervision of the county probation department, the adult parole authority, or another appropriate local probation or court services agency, if one exists, as if the offender was subject to a community control sanction imposed under section 2929.15, 2929.18, or 2929.25 of the Revised Code. The court shall establish an intervention plan for the offender. The terms and conditions of the intervention plan shall require the offender, for at least one year, but not more than five years, from the date on which the court grants the order of intervention in lieu of conviction, to abstain from the use of illegal drugs and alcohol, to participate in treatment and recovery support services, and to submit to regular random testing for drug and alcohol use and may include any other treatment terms and conditions, or terms and conditions similar to community control sanctions, which may include community service or restitution, that are ordered by the court.
(E)
If the court grants an offender's request for intervention in lieu of
conviction and the court finds that the offender has successfully
completed the intervention plan for the offender, including the
requirement that the offender abstain from using illegal drugs and
alcohol for a period of at least one year, but not more than five
years, from the date on which the court granted the order of
intervention in lieu of conviction, the requirement that the offender
participate in treatment and recovery support services, and all other
terms and conditions ordered by the court, the court shall dismiss
the proceedings against the offender. Successful completion of the
intervention plan and period of abstinence under this section shall
be without adjudication of guilt and is not a criminal conviction for
purposes of any disqualification or disability imposed by law and
upon conviction of a crime, and the court may order the sealing or
expungement of
records related to the offense in question, as a dismissal of the
charges, in the manner provided in sections 2953.51
to 2953.56 2953.31,
2953.33, 2953.37, and 2953.521 of
the Revised Code
and
divisions (H), (K), and (L) of section 2953.34 of the Revised Code.
(F) If the court grants an offender's request for intervention in lieu of conviction and the offender fails to comply with any term or condition imposed as part of the intervention plan for the offender, the supervising authority for the offender promptly shall advise the court of this failure, and the court shall hold a hearing to determine whether the offender failed to comply with any term or condition imposed as part of the plan. If the court determines that the offender has failed to comply with any of those terms and conditions, it may continue the offender on intervention in lieu of conviction, continue the offender on intervention in lieu of conviction with additional terms, conditions, and sanctions, or enter a finding of guilty and impose an appropriate sanction under Chapter 2929. of the Revised Code. If the court sentences the offender to a prison term, the court, after consulting with the department of rehabilitation and correction regarding the availability of services, may order continued court-supervised activity and treatment of the offender during the prison term and, upon consideration of reports received from the department concerning the offender's progress in the program of activity and treatment, may consider judicial release under section 2929.20 of the Revised Code.
(G) As used in this section:
(1) "Community addiction services provider" has the same meaning as in section 5119.01 of the Revised Code.
(2) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.
(3) "Intervention in lieu of conviction" means any court-supervised activity that complies with this section.
(4) "Intellectual disability" has the same meaning as in section 5123.01 of the Revised Code.
(5) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
(6) "Mental illness" and "psychiatrist" have the same meanings as in section 5122.01 of the Revised Code.
(7) "Psychologist" has the same meaning as in section 4732.01 of the Revised Code.
(8) "Felony sex offense" means a violation of a section contained in Chapter 2907. of the Revised Code that is a felony.
Sec. 2953.08. (A) In addition to any other right to appeal and except as provided in division (D) of this section, a defendant who is convicted of or pleads guilty to a felony may appeal as a matter of right the sentence imposed upon the defendant on one of the following grounds:
(1) The sentence consisted of or included the maximum definite prison term allowed for the offense by division (A) of section 2929.14 or section 2929.142 of the Revised Code or, with respect to a non-life felony indefinite prison term, the longest minimum prison term allowed for the offense by division (A)(1)(a) or (2)(a) of section 2929.14 of the Revised Code, the maximum definite prison term or longest minimum prison term was not required for the offense pursuant to Chapter 2925. or any other provision of the Revised Code, and the court imposed the sentence under one of the following circumstances:
(a) The sentence was imposed for only one offense.
(b) The sentence was imposed for two or more offenses arising out of a single incident, and the court imposed the maximum definite prison term or longest minimum prison term for the offense of the highest degree.
(2) The sentence consisted of or included a prison term and the offense for which it was imposed is a felony of the fourth or fifth degree or is a felony drug offense that is a violation of a provision of Chapter 2925. of the Revised Code and that is specified as being subject to division (B) of section 2929.13 of the Revised Code for purposes of sentencing. If the court specifies that it found one or more of the factors in division (B)(1)(b) of section 2929.13 of the Revised Code to apply relative to the defendant, the defendant is not entitled under this division to appeal as a matter of right the sentence imposed upon the offender.
(3) The person was convicted of or pleaded guilty to a violent sex offense or a designated homicide, assault, or kidnapping offense, was adjudicated a sexually violent predator in relation to that offense, and was sentenced pursuant to division (A)(3) of section 2971.03 of the Revised Code, if the minimum term of the indefinite term imposed pursuant to division (A)(3) of section 2971.03 of the Revised Code is the longest term available for the offense from among the range of definite terms listed in section 2929.14 of the Revised Code or, with respect to a non-life felony indefinite prison term, the longest minimum prison term allowed for the offense by division (A)(1)(a) or (2)(a) of section 2929.14 of the Revised Code. As used in this division, "designated homicide, assault, or kidnapping offense" and "violent sex offense" have the same meanings as in section 2971.01 of the Revised Code. As used in this division, "adjudicated a sexually violent predator" has the same meaning as in section 2929.01 of the Revised Code, and a person is "adjudicated a sexually violent predator" in the same manner and the same circumstances as are described in that section.
(4) The sentence is contrary to law.
(5) The sentence consisted of an additional prison term of ten years imposed pursuant to division (B)(2)(a) of section 2929.14 of the Revised Code.
(B) In addition to any other right to appeal and except as provided in division (D) of this section, a prosecuting attorney, a city director of law, village solicitor, or similar chief legal officer of a municipal corporation, or the attorney general, if one of those persons prosecuted the case, may appeal as a matter of right a sentence imposed upon a defendant who is convicted of or pleads guilty to a felony or, in the circumstances described in division (B)(3) of this section the modification of a sentence imposed upon such a defendant, on any of the following grounds:
(1) The sentence did not include a prison term despite a presumption favoring a prison term for the offense for which it was imposed, as set forth in section 2929.13 or Chapter 2925. of the Revised Code.
(2) The sentence is contrary to law.
(3) The sentence is a modification under section 2929.20 of the Revised Code of a sentence that was imposed for a felony of the first or second degree.
(C)(1) In addition to the right to appeal a sentence granted under division (A) or (B) of this section, a defendant who is convicted of or pleads guilty to a felony may seek leave to appeal a sentence imposed upon the defendant on the basis that the sentencing judge has imposed consecutive sentences under division (C)(3) of section 2929.14 of the Revised Code and that the consecutive sentences exceed the maximum definite prison term allowed by division (A) of that section for the most serious offense of which the defendant was convicted or, with respect to a non-life felony indefinite prison term, exceed the longest minimum prison term allowed by division (A)(1)(a) or (2)(a) of that section for the most serious such offense. Upon the filing of a motion under this division, the court of appeals may grant leave to appeal the sentence if the court determines that the allegation included as the basis of the motion is true.
(2) A defendant may seek leave to appeal an additional sentence imposed upon the defendant pursuant to division (B)(2)(a) or (b) of section 2929.14 of the Revised Code if the additional sentence is for a definite prison term that is longer than five years.
(D)(1) A sentence imposed upon a defendant is not subject to review under this section if the sentence is authorized by law, has been recommended jointly by the defendant and the prosecution in the case, and is imposed by a sentencing judge.
(2) Except as provided in division (C)(2) of this section, a sentence imposed upon a defendant is not subject to review under this section if the sentence is imposed pursuant to division (B)(2)(b) of section 2929.14 of the Revised Code. Except as otherwise provided in this division, a defendant retains all rights to appeal as provided under this chapter or any other provision of the Revised Code. A defendant has the right to appeal under this chapter or any other provision of the Revised Code the court's application of division (B)(2)(c) of section 2929.14 of the Revised Code.
(3) A sentence imposed for aggravated murder or murder pursuant to sections 2929.02 to 2929.06 of the Revised Code is not subject to review under this section.
(4) A sentence imposed for a violation of section 2907.011 of the Revised Code is not subject to review under this section.
(E) A defendant, prosecuting attorney, city director of law, village solicitor, or chief municipal legal officer shall file an appeal of a sentence under this section to a court of appeals within the time limits specified in Rule 4(B) of the Rules of Appellate Procedure, provided that if the appeal is pursuant to division (B)(3) of this section, the time limits specified in that rule shall not commence running until the court grants the motion that makes the sentence modification in question. A sentence appeal under this section shall be consolidated with any other appeal in the case. If no other appeal is filed, the court of appeals may review only the portions of the trial record that pertain to sentencing.
(F) On the appeal of a sentence under this section, the record to be reviewed shall include all of the following, as applicable:
(1) Any presentence, psychiatric, or other investigative report that was submitted to the court in writing before the sentence was imposed. An appellate court that reviews a presentence investigation report prepared pursuant to section 2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in connection with the appeal of a sentence under this section shall comply with division (D)(3) of section 2951.03 of the Revised Code when the appellate court is not using the presentence investigation report, and the appellate court's use of a presentence investigation report of that nature in connection with the appeal of a sentence under this section does not affect the otherwise confidential character of the contents of that report as described in division (D)(1) of section 2951.03 of the Revised Code and does not cause that report to become a public record, as defined in section 149.43 of the Revised Code, following the appellate court's use of the report.
(2) The trial record in the case in which the sentence was imposed;
(3) Any oral or written statements made to or by the court at the sentencing hearing at which the sentence was imposed;
(4) Any written findings that the court was required to make in connection with the modification of the sentence pursuant to a judicial release under division (I) of section 2929.20 of the Revised Code.
(G)(1) If the sentencing court was required to make the findings required by division (B) or (D) of section 2929.13 or division (I) of section 2929.20 of the Revised Code, or to state the findings of the trier of fact required by division (B)(2)(e) of section 2929.14 of the Revised Code, relative to the imposition or modification of the sentence, and if the sentencing court failed to state the required findings on the record, the court hearing an appeal under division (A), (B), or (C) of this section shall remand the case to the sentencing court and instruct the sentencing court to state, on the record, the required findings.
(2) The court hearing an appeal under division (A), (B), or (C) of this section shall review the record, including the findings underlying the sentence or modification given by the sentencing court.
The appellate court may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence and remand the matter to the sentencing court for resentencing. The appellate court's standard for review is not whether the sentencing court abused its discretion. The appellate court may take any action authorized by this division if it clearly and convincingly finds either of the following:
(a) That the record does not support the sentencing court's findings under division (B) or (D) of section 2929.13, division (B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section 2929.20 of the Revised Code, whichever, if any, is relevant;
(b) That the sentence is otherwise contrary to law.
(H) A judgment or final order of a court of appeals under this section may be appealed, by leave of court, to the supreme court.
(I) As used in this section, "non-life felony indefinite prison term" has the same meaning as in section 2929.01 of the Revised Code.
Sec. 2953.25. (A) As used in this section:
(1) "Collateral sanction" means a penalty, disability, or disadvantage that is related to employment or occupational licensing, however denominated, as a result of the individual's conviction of or plea of guilty to an offense and that applies by operation of law in this state whether or not the penalty, disability, or disadvantage is included in the sentence or judgment imposed.
"Collateral sanction" does not include imprisonment, probation, parole, supervised release, forfeiture, restitution, fine, assessment, or costs of prosecution.
(2) "Decision-maker" includes, but is not limited to, the state acting through a department, agency, board, commission, or instrumentality established by the law of this state for the exercise of any function of government, a political subdivision, an educational institution, or a government contractor or subcontractor made subject to this section by contract, law, or ordinance.
(3) "Department-funded program" means a residential or nonresidential program that is not a term in a state correctional institution, that is funded in whole or part by the department of rehabilitation and correction, and that is imposed as a sanction for an offense, as part of a sanction that is imposed for an offense, or as a term or condition of any sanction that is imposed for an offense.
(4) "Designee" means the person designated by the deputy director of the division of parole and community services to perform the duties designated in division (B) of this section.
(5) "Division of parole and community services" means the division of parole and community services of the department of rehabilitation and correction.
(6) "Offense" means any felony or misdemeanor under the laws of this state.
(7) "Political subdivision" has the same meaning as in section 2969.21 of the Revised Code.
(8) "Discretionary civil impact," "licensing agency," and "mandatory civil impact" have the same meanings as in section 2961.21 of the Revised Code.
(B)(1) An individual who is subject to one or more collateral sanctions as a result of being convicted of or pleading guilty to an offense and who either has served a term in a state correctional institution for any offense or has spent time in a department-funded program for any offense may file a petition with the designee of the deputy director of the division of parole and community services for a certificate of qualification for employment.
(2) An individual who is subject to one or more collateral sanctions as a result of being convicted of or pleading guilty to an offense and who is not in a category described in division (B)(1) of this section may file for a certificate of qualification for employment by doing either of the following:
(a) In the case of an individual who resides in this state, filing a petition with the court of common pleas of the county in which the person resides or with the designee of the deputy director of the division of parole and community services;
(b) In the case of an individual who resides outside of this state, filing a petition with the court of common pleas of any county in which any conviction or plea of guilty from which the individual seeks relief was entered or with the designee of the deputy director of the division of parole and community services.
(3) A petition under division (B)(1) or (2) of this section shall be made on a copy of the form prescribed by the division of parole and community services under division (J) of this section, shall contain all of the information described in division (F) of this section, and, except as provided in division (B)(6) of this section, shall be accompanied by an application fee of fifty dollars.
(4)(a) Except as provided in division (B)(4)(b) of this section, an individual may file a petition under division (B)(1) or (2) of this section at any time after the expiration of whichever of the following is applicable:
(i) If the offense that resulted in the collateral sanction from which the individual seeks relief is a felony, at any time after the expiration of one year from the date of release of the individual from any period of incarceration in a state or local correctional facility that was imposed for that offense and all periods of supervision imposed after release from the period of incarceration or, if the individual was not incarcerated for that offense, at any time after the expiration of one year from the date of the individual's final release from all other sanctions imposed for that offense.
(ii) If the offense that resulted in the collateral sanction from which the individual seeks relief is a misdemeanor, at any time after the expiration of six months from the date of release of the individual from any period of incarceration in a local correctional facility that was imposed for that offense and all periods of supervision imposed after release from the period of incarceration or, if the individual was not incarcerated for that offense, at any time after the expiration of six months from the date of the final release of the individual from all sanctions imposed for that offense including any period of supervision.
(b) The department of rehabilitation and correction may establish criteria by rule adopted under Chapter 119. of the Revised Code that, if satisfied by an individual, would allow the individual to file a petition before the expiration of six months or one year from the date of final release, whichever is applicable under division (B)(4)(a) of this section.
(5)(a) A designee that receives a petition for a certificate of qualification for employment from an individual under division (B)(1) or (2) of this section shall review the petition to determine whether it is complete. If the petition is complete, the designee shall forward the petition, the application fee, and any other information the designee possesses that relates to the petition, to the court of common pleas of the county in which the individual resides if the individual submitting the petition resides in this state or, if the individual resides outside of this state, to the court of common pleas of the county in which the conviction or plea of guilty from which the individual seeks relief was entered.
(b) A court of common pleas that receives a petition for a certificate of qualification for employment from an individual under division (B)(2) of this section, or that is forwarded a petition for such a certificate under division (B)(5)(a) of this section, shall attempt to determine all other courts in this state in which the individual was convicted of or pleaded guilty to an offense other than the offense from which the individual is seeking relief. The court that receives or is forwarded the petition shall notify all other courts in this state that it determines under this division were courts in which the individual was convicted of or pleaded guilty to an offense other than the offense from which the individual is seeking relief that the individual has filed the petition and that the court may send comments regarding the possible issuance of the certificate.
A court of common pleas that receives a petition for a certificate of qualification for employment under division (B)(2) of this section shall notify the county's prosecuting attorney that the individual has filed the petition.
A court of common pleas that receives a petition for a certificate of qualification for employment under division (B)(2) of this section, or that is forwarded a petition for qualification under division (B)(5)(a) of this section may direct the clerk of court to process and record all notices required in or under this section. Except as provided in division (B)(6) of this section, the court shall pay thirty dollars of the application fee into the state treasury and twenty dollars of the application fee into the county general revenue fund.
(6) Upon receiving a petition for a certificate of qualification for employment filed by an individual under division (B)(1) or (2) of this section, a court of common pleas or the designee of the deputy director of the division of parole and community services who receives the petition may waive all or part of the fifty-dollar filing fee for an applicant who is indigent. If an application fee is partially waived, the first twenty dollars of the fee that is collected shall be paid into the county general revenue fund. Any partial fee collected in excess of twenty dollars shall be paid into the state treasury.
(C)(1) Upon receiving a petition for a certificate of qualification for employment filed by an individual under division (B)(2) of this section or being forwarded a petition for such a certificate under division (B)(5)(a) of this section, the court shall review the individual's petition, the individual's criminal history, except for information contained in any record that has been sealed under section 2953.32 of the Revised Code, all filings submitted by the prosecutor or by the victim in accordance with rules adopted by the division of parole and community services, the applicant's military service record, if applicable, and whether the applicant has an emotional, mental, or physical condition that is traceable to the applicant's military service in the armed forces of the United States and that was a contributing factor in the commission of the offense or offenses, and all other relevant evidence. The court may order any report, investigation, or disclosure by the individual that the court believes is necessary for the court to reach a decision on whether to approve the individual's petition for a certificate of qualification for employment, except that the court shall not require an individual to disclose information about any record sealed under section 2953.32 of the Revised Code.
(2) Upon receiving a petition for a certificate of qualification for employment filed by an individual under division (B)(2) of this section or being forwarded a petition for such a certificate under division (B)(5)(a) of this section, except as otherwise provided in this division, the court shall decide whether to issue the certificate within sixty days after the court receives or is forwarded the completed petition and all information requested for the court to make that decision. Upon request of the individual who filed the petition, the court may extend the sixty-day period specified in this division.
(3) Except as provided in division (C)(5) of this section and subject to division (C)(7) of this section, a court that receives an individual's petition for a certificate of qualification for employment under division (B)(2) of this section or that is forwarded a petition for such a certificate under division (B)(5)(a) of this section may issue a certificate of qualification for employment, at the court's discretion, if the court finds that the individual has established all of the following by a preponderance of the evidence:
(a) Granting the petition will materially assist the individual in obtaining employment or occupational licensing.
(b) The individual has a substantial need for the relief requested in order to live a law-abiding life.
(c) Granting the petition would not pose an unreasonable risk to the safety of the public or any individual.
(4) The submission of an incomplete petition by an individual shall not be grounds for the designee or court to deny the petition.
(5) Subject to division (C)(6) of this section, an individual is rebuttably presumed to be eligible for a certificate of qualification for employment if the court that receives the individual's petition under division (B)(2) of this section or that is forwarded a petition under division (B)(5)(a) of this section finds all of the following:
(a) The application was filed after the expiration of the applicable waiting period prescribed in division (B)(4) of this section;
(b) If the offense that resulted in the collateral sanction from which the individual seeks relief is a felony, at least three years have elapsed since the date of release of the individual from any period of incarceration in a state or local correctional facility that was imposed for that offense and all periods of supervision imposed after release from the period of incarceration or, if the individual was not incarcerated for that offense, at least three years have elapsed since the date of the individual's final release from all other sanctions imposed for that offense;
(c) If the offense that resulted in the collateral sanction from which the individual seeks relief is a misdemeanor, at least one year has elapsed since the date of release of the individual from any period of incarceration in a local correctional facility that was imposed for that offense and all periods of supervision imposed after release from the period of incarceration or, if the individual was not incarcerated for that offense, at least one year has elapsed since the date of the final release of the individual from all sanctions imposed for that offense including any period of supervision.
(6) An application that meets all of the requirements for the presumption under division (C)(5) of this section shall be denied only if the court that receives the petition finds that the evidence reviewed under division (C)(1) of this section rebuts the presumption of eligibility for issuance by establishing, by clear and convincing evidence, that the applicant has not been rehabilitated.
(7) A certificate of qualification for employment shall not create relief from any of the following collateral sanctions:
(a) Requirements imposed by Chapter 2950. of the Revised Code and rules adopted under sections 2950.13 and 2950.132 of the Revised Code;
(b) A driver's license, commercial driver's license, or probationary license suspension, cancellation, or revocation pursuant to section 4510.037, 4510.07, 4511.19, or 4511.191 of the Revised Code if the relief sought is available pursuant to section 4510.021 or division (B) of section 4510.13 of the Revised Code;
(c) Restrictions on employment as a prosecutor or law enforcement officer;
(d)
The denial, ineligibility, or automatic suspension of a license that
is imposed upon an individual applying for or holding a license as a
health care professional under Title XLVII of the Revised Code if the
individual is convicted of, pleads guilty to, is subject to a
judicial finding of eligibility for intervention in lieu of
conviction in this state under section 2951.041 of the Revised Code,
or is subject to treatment or intervention in lieu of conviction for
a violation of section 2903.01, 2903.02, 2903.03, 2903.11, 2905.01,
2907.02, 2907.03, 2907.05, 2909.02, 2911.01, 2911.11,
2911.03,
2919.123,
or 2919.124 of the Revised Code;
(e) The immediate suspension of a license, certificate, or evidence of registration that is imposed upon an individual holding a license as a health care professional under Title XLVII of the Revised Code pursuant to division (C) of section 3719.121 of the Revised Code;
(f) The denial or ineligibility for employment in a pain clinic under division (B)(4) of section 4729.552 of the Revised Code;
(g) The mandatory suspension of a license that is imposed on an individual applying for or holding a license as a health care professional under Title XLVII of the Revised Code pursuant to section 3123.43 of the Revised Code.
(8) If a court that receives an individual's petition for a certificate of qualification for employment under division (B)(2) of this section or that is forwarded a petition for such a certificate under division (B)(5)(a) of this section denies the petition, the court shall provide written notice to the individual of the court's denial. The court may place conditions on the individual regarding the individual's filing of any subsequent petition for a certificate of qualification for employment. The written notice must notify the individual of any conditions placed on the individual's filing of a subsequent petition for a certificate of qualification for employment.
If a court of common pleas that receives an individual's petition for a certificate of qualification for employment under division (B)(2) of this section or that is forwarded a petition for such a certificate under division (B)(5)(a) of this section denies the petition, the individual may appeal the decision to the court of appeals only if the individual alleges that the denial was an abuse of discretion on the part of the court of common pleas.
(D)(1) A certificate of qualification for employment issued to an individual lifts the automatic bar of a collateral sanction, and a decision-maker shall consider on a case-by-case basis whether to grant or deny the issuance or restoration of an occupational license or an employment opportunity, notwithstanding the individual's possession of the certificate, without, however, reconsidering or rejecting any finding made by a designee or court under division (C)(3) of this section.
(2) The certificate constitutes a rebuttable presumption that the person's criminal convictions are insufficient evidence that the person is unfit for the license, employment opportunity, or certification in question. Notwithstanding the presumption established under this division, the agency may deny the license or certification for the person if it determines that the person is unfit for issuance of the license.
(3) If an employer that has hired a person who has been issued a certificate of qualification for employment applies to a licensing agency for a license or certification and the person has a conviction or guilty plea that otherwise would bar the person's employment with the employer or licensure for the employer because of a mandatory civil impact, the agency shall give the person individualized consideration, notwithstanding the mandatory civil impact, the mandatory civil impact shall be considered for all purposes to be a discretionary civil impact, and the certificate constitutes a rebuttable presumption that the person's criminal convictions are insufficient evidence that the person is unfit for the employment, or that the employer is unfit for the license or certification, in question.
(E) A certificate of qualification for employment does not grant the individual to whom the certificate was issued relief from the mandatory civil impacts identified in division (A)(1) of section 2961.01 or division (B) of section 2961.02 of the Revised Code.
(F) A petition for a certificate of qualification for employment filed by an individual under division (B)(1) or (2) of this section shall include all of the following:
(1) The individual's name, date of birth, and social security number;
(2) All aliases of the individual and all social security numbers associated with those aliases;
(3) The individual's residence address, including the city, county, and state of residence and zip code;
(4) The length of time that the individual has resided in the individual's current state of residence, expressed in years and months of residence;
(5) A general statement as to why the individual has filed the petition and how the certificate of qualification for employment would assist the individual;
(6) A summary of the individual's criminal history, except for information contained in any record that has been sealed or expunged under section 2953.32 of the Revised Code, with respect to each offense that is a disqualification from employment or licensing in an occupation or profession, including the years of each conviction or plea of guilty for each of those offenses;
(7) A summary of the individual's employment history, specifying the name of, and dates of employment with, each employer;
(8) Verifiable references and endorsements;
(9) The name of one or more immediate family members of the individual, or other persons with whom the individual has a close relationship, who support the individual's reentry plan;
(10) A summary of the reason the individual believes the certificate of qualification for employment should be granted;
(11) Any other information required by rule by the department of rehabilitation and correction.
(G)(1) In a judicial or administrative proceeding alleging negligence or other fault, a certificate of qualification for employment issued to an individual under this section may be introduced as evidence of a person's due care in hiring, retaining, licensing, leasing to, admitting to a school or program, or otherwise transacting business or engaging in activity with the individual to whom the certificate of qualification for employment was issued if the person knew of the certificate at the time of the alleged negligence or other fault.
(2) In any proceeding on a claim against an employer for negligent hiring, a certificate of qualification for employment issued to an individual under this section shall provide immunity for the employer as to the claim if the employer knew of the certificate at the time of the alleged negligence.
(3) If an employer hires an individual who has been issued a certificate of qualification for employment under this section, if the individual, after being hired, subsequently demonstrates dangerousness or is convicted of or pleads guilty to a felony, and if the employer retains the individual as an employee after the demonstration of dangerousness or the conviction or guilty plea, the employer may be held liable in a civil action that is based on or relates to the retention of the individual as an employee only if it is proved by a preponderance of the evidence that the person having hiring and firing responsibility for the employer had actual knowledge that the employee was dangerous or had been convicted of or pleaded guilty to the felony and was willful in retaining the individual as an employee after the demonstration of dangerousness or the conviction or guilty plea of which the person has actual knowledge.
(H) A certificate of qualification for employment issued under this section shall be revoked if the individual to whom the certificate of qualification for employment was issued is convicted of or pleads guilty to a felony offense committed subsequent to the issuance of the certificate of qualification for employment. The department of rehabilitation and correction shall periodically review the certificates listed in the database described in division (K) of this section to identify those that are subject to revocation under this division. Upon identifying a certificate of qualification for employment that is subject to revocation, the department shall note in the database that the certificate has been revoked, the reason for revocation, and the effective date of revocation, which shall be the date of the conviction or plea of guilty subsequent to the issuance of the certificate.
(I) A designee's forwarding, or failure to forward, a petition for a certificate of qualification for employment to a court or a court's issuance, or failure to issue, a petition for a certificate of qualification for employment to an individual under division (B) of this section does not give rise to a claim for damages against the department of rehabilitation and correction or court.
(J) The division of parole and community services shall adopt rules in accordance with Chapter 119. of the Revised Code for the implementation and administration of this section and shall prescribe the form for the petition to be used under division (B)(1) or (2) of this section. The form for the petition shall include places for all of the information specified in division (F) of this section.
(K) The department of rehabilitation and correction shall maintain a database that identifies granted certificates and revoked certificates and tracks the number of certificates granted and revoked, the industries, occupations, and professions with respect to which the certificates have been most applicable, and the types of employers that have accepted the certificates. The department shall annually create a report that summarizes the information maintained in the database and shall make the report available to the public on its internet web site.
Sec.
2953.31. As
used in sections 2953.31 to 2953.36
2953.521
of
the Revised Code:
(A)(1)
"Eligible offender" means either of the following:
(a)
Anyone who has been convicted of one or more offenses in this state
or any other jurisdiction, if all of the offenses in this state are
felonies of the fourth or fifth degree or misdemeanors and none of
those offenses are an offense of violence or a felony sex offense and
all of the offenses in another jurisdiction, if committed in this
state, would be felonies of the fourth or fifth degree or
misdemeanors and none of those offenses would be an offense of
violence or a felony sex offense;
(b)
Anyone who has been convicted of an offense in this state or any
other jurisdiction, to whom division (A)(1)(a) of this section does
not apply, and who has not more than two felony convictions, has not
more than four misdemeanor convictions, or, if the person has exactly
two felony convictions, has not more than those two felony
convictions and two misdemeanor convictions in this state or any
other jurisdiction. The conviction that is requested to be sealed
shall be a conviction that is eligible for sealing as provided in
section 2953.36 of the Revised Code. When two or more convictions
result from or are connected with the same act or result from
offenses committed at the same time, they shall be counted as one
conviction. When two or three convictions result from the same
indictment, information, or complaint, from the same plea of guilty,
or from the same official proceeding, and result from related
criminal acts that were committed within a three-month period but do
not result from the same act or from offenses committed at the same
time, they shall be counted as one conviction, provided that a court
may decide as provided in division (C)(1)(a) of section 2953.32 of
the Revised Code that it is not in the public interest for the two or
three convictions to be counted as one conviction.
(2)
For purposes of, and except as otherwise provided in, division
(A)(1)(b) of this section, a conviction for a minor misdemeanor, for
a violation of any section in Chapter 4507., 4510., 4511., 4513., or
4549. of the Revised Code, or for a violation of a municipal
ordinance that is substantially similar to any section in those
chapters is not a conviction. However, a conviction for a violation
of section 4511.19, 4511.251, 4549.02, 4549.021, 4549.03, 4549.042,
or 4549.62 or sections 4549.41 to 4549.46 of the Revised Code, for a
violation of section 4510.11 or 4510.14 of the Revised Code that is
based upon the offender's operation of a vehicle during a suspension
imposed under section 4511.191 or 4511.196 of the Revised Code, for a
violation of a substantially equivalent municipal ordinance, for a
felony violation of Title XLV of the Revised Code, or for a violation
of a substantially equivalent former law of this state or former
municipal ordinance shall be considered a conviction.
(B)
(A)
"Prosecutor"
means the county prosecuting attorney, city director of law, village
solicitor, or similar chief legal officer, who has the authority to
prosecute a criminal case in the court in which the case is filed.
(C)
(B)
"Bail
forfeiture" means the forfeiture of bail by a defendant who is
arrested for the commission of a misdemeanor, other than a defendant
in a traffic case as defined in Traffic Rule 2, if the forfeiture is
pursuant to an agreement with the court and prosecutor in the case.
(D)
(C)
"Official
records" has
the same meaning as in division (D) of section 2953.51 of the Revised
Code, except that it also includes means
all records that are possessed by any public office or agency that
relate to a criminal case, including, but not limited to: the
notation to the case in the criminal docket; all subpoenas issued in
the case; all papers and documents filed by the defendant or the
prosecutor in the case; all records of all testimony and evidence
presented in all proceedings in the case; all court files, papers,
documents, folders, entries, affidavits, or writs that pertain to the
case; all computer, microfilm, microfiche, or microdot records,
indices, or references to the case; all index references to the case;
all fingerprints and photographs; all DNA specimens, DNA records, and
DNA profiles; all records and investigative reports pertaining to the
case that are possessed by any law enforcement officer or agency,
except that any records or reports that are the specific
investigatory work product of a law enforcement officer or agency are
not and shall not be considered to be official records when they are
in the possession of that officer or agency; all investigative
records and reports other than those possessed by a law enforcement
officer or agency pertaining to the case; and all
records that are possessed by any public office or agency that relate
to an application for, or the issuance or denial of, a certificate of
qualification for employment under section 2953.25 of the Revised
Code.
(E)
"Official
records" does not include any of the following:
(1) Records or reports maintained pursuant to section 2151.421 of the Revised Code by a public children services agency or the department of job and family services;
(2) Any report of an investigation maintained by the inspector general pursuant to section 121.42 of the Revised Code, to the extent that the report contains information that pertains to an individual who was convicted of or pleaded guilty to an offense discovered in or related to the investigation and whose conviction or guilty plea was not overturned on appeal;
(3) Records, reports, or audits maintained by the auditor of state pursuant to Chapter 117. of the Revised Code.
(D) "Official proceeding" has the same meaning as in section 2921.01 of the Revised Code.
(F)
(E)
"Community
control sanction" has the same meaning as in section 2929.01 of
the Revised Code.
(G)
(F)
"Post-release
control" and "post-release control sanction" have the
same meanings as in section 2967.01 of the Revised Code.
(H)
(G)
"DNA
database," "DNA record," and "law enforcement
agency" have the same meanings as in section 109.573 of the
Revised Code.
(I)
(H)
"Fingerprints
filed for record" means any fingerprints obtained by the
superintendent of the bureau of criminal identification and
investigation pursuant to sections 109.57 and 109.571 of the Revised
Code.
(I) "Investigatory work product" means any records or reports of a law enforcement officer or agency that are excepted from the definition of "official records" and that pertain to a conviction or bail forfeiture, the records of which have been ordered sealed or expunged pursuant to division (D)(2) of section 2953.32 of the Revised Code, or that pertain to a conviction or delinquent child adjudication, the records of which have been ordered expunged pursuant to division (E) of section 2151.358, division (C)(2) of section 2953.35, or division (F) of section 2953.36 of the Revised Code.
(J) "Law enforcement or justice system matter" means an arrest, complaint, indictment, trial, hearing, adjudication, conviction, or correctional supervision.
(K) "Expunge" means to destroy, delete, and erase a record as appropriate for the record's physical or electronic form or characteristic so that the record is permanently irretrievable.
(L) "Record of conviction" means the record related to a conviction of or plea of guilty to an offense.
(M) "Victim of human trafficking" means a person who is or was a victim of a violation of section 2905.32 of the Revised Code, regardless of whether anyone has been convicted of a violation of that section or of any other section for victimizing the person.
(N) "No bill" means a report by the foreperson or deputy foreperson of a grand jury that an indictment is not found by the grand jury against a person who has been held to answer before the grand jury for the commission of an offense.
(O) "Court" means the court in which a case is pending at the time a finding of not guilty in the case or a dismissal of the complaint, indictment, or information in the case is entered on the minutes or journal of the court, or the court to which the foreperson or deputy foreperson of a grand jury reports, pursuant to section 2939.23 of the Revised Code, that the grand jury has returned a no bill.
Sec.
2953.32. (A)(1)
(A)
Sections 2953.32 to 2953.34 of the Revised Code do not apply to any
of the following:
(1) Convictions under Chapter 4506., 4507., 4510., 4511., or 4549. of the Revised Code, or a conviction for a violation of a municipal ordinance that is substantially similar to any section contained in any of those chapters;
(2) Convictions of a felony offense of violence that is not a sexually oriented offense;
(3) Convictions of a sexually oriented offense and the offender is subject to the requirements of Chapter 2950. of the Revised Code or Chapter 2950. of the Revised Code as it existed prior to January 1, 2008;
(4) Convictions of an offense in circumstances in which the victim of the offense was less than thirteen years of age, except for convictions under section 2919.21 of the Revised Code;
(5) Convictions of a felony of the first or second degree.
(B)(1)
Except
as provided in section 2953.61 of the Revised Code or as otherwise
provided in division (A)(1)(d)
(B)(1)(c)
of
this section, an eligible offender may apply to the sentencing court
if convicted in this state, or to a court of common pleas if
convicted in another state or in a federal court, for the sealing or
expungement of
the record of the case that pertains to the conviction, except for
convictions listed under
in
division (A) of this section
2953.36
of the Revised Code.
Application may be made at one of the following times:
(a)
At the expiration of three years after the offender's final discharge
if convicted of a
felony one
or more felonies of
the third degree, so long as none of the offenses is a violation of
section 2921.43 of the Revised Code;
(b)
At the expiration of one year after the offender's final discharge if
convicted of a
felony one
or more felonies of
the fourth or fifth degree or a
misdemeanorone
or more misdemeanors,
so long as none of the offenses is a violation of section 2921.43 of
the Revised Code.
or
an offense of violence;
(c)
At the expiration of seven years after the offender's final discharge
if the record includes a
conviction one
or more convictions of
soliciting improper compensation in violation of section 2921.43 of
the Revised Code.
;
(d) If the offender was subject to the requirements of Chapter 2950. of the Revised Code or Chapter 2950. of the Revised Code as it existed prior to January 1, 2008, at the expiration of five years after the requirements have ended under section 2950.07 of the Revised Code or section 2950.07 of the Revised Code as it existed prior to January 1, 2008, or are terminated under section 2950.15 of the Revised Code;
(e) At the expiration of six months after the offender's final discharge if convicted of a minor misdemeanor.
(2)
Any person who has been arrested for any misdemeanor offense and who
has effected a bail forfeiture for the offense charged may apply to
the court in which the misdemeanor criminal case was pending when
bail was forfeited for the sealing or
expungement of
the record of the case that pertains to the charge. Except as
provided in section 2953.61 of the Revised Code, the application may
be filed at any time after the
expiration of one year from the
date on which the bail forfeiture was entered upon the minutes of the
court or the journal, whichever entry occurs first.
(B)
(C)
Upon
the filing of an application under this section, the court shall set
a date for a hearing and shall notify the prosecutor for the case of
the hearing on the application. The
court shall hold the hearing not less than forty-five days and not
more than ninety days from the date of the filing of the application.
The
prosecutor may object to the granting of the application by filing an
a
written objection
with the court not
later than thirty days prior
to the date set for the hearing. The prosecutor shall specify in the
objection the reasons for believing a denial of the application is
justified. The
prosecutor shall provide notice of the application and that date and
time of the hearing to the victim of the offense in the case pursuant
to the Ohio Constitution. The
court shall direct its regular probation officer, a state probation
officer, or the department of probation of the county in which the
applicant resides to make inquiries and written reports as the court
requires concerning the applicant. The probation officer or county
department of probation that the court directs to make inquiries and
written reports as the court requires concerning
the applicant shall determine whether or not the applicant was
fingerprinted at the time of arrest or under section 109.60 of the
Revised Code. If the applicant was so fingerprinted, the probation
officer or county department of probation shall include with the
written report a record of the applicant's fingerprints. If the
applicant was convicted of or pleaded guilty to a violation of
division (A)(2) or (B) of section 2919.21 of the Revised Code, the
probation officer or county department of probation that the court
directed to make inquiries concerning the applicant shall contact the
child support enforcement agency enforcing the applicant's
obligations under the child support order to inquire about the
offender's compliance with the child support order.
(C)(1)
(D)(1)
The
court shall do each of the following:
(a)
Determine whether the applicant is an
eligible offender pursuing
sealing a conviction of an offense that is prohibited under division
(A) of this section or
whether the forfeiture of bail was agreed to by the applicant and the
prosecutor in the case.
If the applicant applies as an eligible offender pursuant to division
(A)(1) of this section and has two or three convictions that result
from the same indictment, information, or complaint, from the same
plea of guilty, or from the same official proceeding, and result from
related criminal acts that were committed within a three-month period
but do not result from the same act or from offenses committed at the
same time, in making its determination under this division, the court
initially shall determine whether it is not in the public interest
for the two or three convictions to be counted as one conviction. If
the court determines that it is not in the public interest for the
two or three convictions to be counted as one conviction, the court
shall determine that the applicant is not an eligible offender; if
the court does not make that determination, the court shall determine
that the offender is an eligible offender.;
(b) Determine whether criminal proceedings are pending against the applicant;
(c)
If
the applicant is an eligible offender who applies pursuant to
division (A)(1) of this section, determine Determine
whether
the applicant has been rehabilitated to the satisfaction of the
court;
(d)
If the prosecutor has filed an objection in accordance with division
(B)
(C)
of
this section, consider the reasons against granting the application
specified by the prosecutor in the objection;
(e) If the victim objected, pursuant to the Ohio Constitution, consider the reasons against granting the application specified by the victim in the objection;
(f) Weigh the interests of the applicant in having the records pertaining to the applicant's conviction or bail forfeiture sealed or expunged against the legitimate needs, if any, of the government to maintain those records;
(f)
(g)
If
the applicant is
was
an
eligible offender of the type described in division (A)(3) of section
2953.36 of the Revised Code
as
it existed prior to the effective date of this amendment,
determine whether the offender has been rehabilitated to a
satisfactory degree. In making the determination, the court may
consider all of the following:
(i) The age of the offender;
(ii) The facts and circumstances of the offense;
(iii) The cessation or continuation of criminal behavior;
(iv) The education and employment of the offender;
(v) Any other circumstances that may relate to the offender's rehabilitation.
(2)
If the court determines, after complying with division (C)(1)
(D)(1)
of
this section, that
the applicant is an eligible offender or the subject of a bail
forfeiture, that
no criminal proceeding is pending against the applicant, that the
interests of the applicant in having the records pertaining to the
applicant's conviction or bail forfeiture sealed or
expunged are
not outweighed by any legitimate governmental needs to maintain those
records, and that the rehabilitation of an
the
applicant
who
is an eligible offender applying pursuant to division (A)(1) of this
section has
been attained to the satisfaction of the court, the court, except as
provided in division (C)(4),
(G), (H), or (I) (D)(4)
of
this section
or
division (D), (F), or (G) of section 2953.34 of the Revised Code,
shall order all official records of the case that pertain to the
conviction or bail forfeiture sealed or
expunged and,
except as provided in division (F)
(C)
of
this
section
2953.34
of the Revised Code,
all index references to the case that pertain to the conviction or
bail forfeiture deleted and, in the case of bail forfeitures, shall
dismiss the charges in the case. The proceedings in the case that
pertain to the conviction or bail forfeiture shall be considered not
to have occurred and the conviction or bail forfeiture of the person
who is the subject of the proceedings shall be sealed
or
expunged,
except that upon conviction of a subsequent offense, the
a
sealed
record of prior conviction or bail forfeiture may be considered by
the court in determining the sentence or other appropriate
disposition, including the relief provided for in sections 2953.31
to
2953.33,
2953.32, and 2953.34 of
the Revised Code.
(3) An applicant may request the sealing or expungement of the records of more than one case in a single application under this section. Upon the filing of an application under this section, the applicant, unless indigent, shall pay a fee of fifty dollars, regardless of the number of records the application requests to have sealed or expunged. The court shall pay thirty dollars of the fee into the state treasury, with fifteen dollars of that amount credited to the attorney general reimbursement fund created by section 109.11 of the Revised Code. It shall pay twenty dollars of the fee into the county general revenue fund if the sealed or expunged conviction or bail forfeiture was pursuant to a state statute, or into the general revenue fund of the municipal corporation involved if the sealed or expunged conviction or bail forfeiture was pursuant to a municipal ordinance.
(4) If the court orders the official records pertaining to the case sealed or expunged, the court shall do one of the following:
(a)
If the applicant was fingerprinted at the time of arrest or under
section 109.60 of the Revised Code and the record of the applicant's
fingerprints was provided to the court under division (B)
(C)
of
this section, forward a copy of the sealing or
expungement order
and the record of the applicant's fingerprints to the bureau of
criminal identification and investigation.
(b)
If the applicant was not fingerprinted at the time of arrest or under
section 109.60 of the Revised Code, or the record of the applicant's
fingerprints was not provided to the court under division (B)
(C)
of
this section, but fingerprinting was required for the offense, order
the applicant to appear before a sheriff to have the applicant's
fingerprints taken according to the fingerprint system of
identification on the forms furnished by the superintendent of the
bureau of criminal identification and investigation. The sheriff
shall forward the applicant's fingerprints to the court. The court
shall forward the applicant's fingerprints and a copy of the sealing
or
expungement order
to the bureau of criminal identification and investigation.
Failure of the court to order fingerprints at the time of sealing or expungement does not constitute a reversible error.
(D)
Inspection of the sealed records included in the order may be made
only by the following persons or for the following purposes:
(1)
By a law enforcement officer or prosecutor, or the assistants of
either, to determine whether the nature and character of the offense
with which a person is to be charged would be affected by virtue of
the person's previously having been convicted of a crime;
(2)
By the parole or probation officer of the person who is the subject
of the records, for the exclusive use of the officer in supervising
the person while on parole or under a community control sanction or a
post-release control sanction, and in making inquiries and written
reports as requested by the court or adult parole authority;
(3)
Upon application by the person who is the subject of the records, by
the persons named in the application;
(4)
By a law enforcement officer who was involved in the case, for use in
the officer's defense of a civil action arising out of the officer's
involvement in that case;
(5)
By a prosecuting attorney or the prosecuting attorney's assistants,
to determine a defendant's eligibility to enter a pre-trial diversion
program established pursuant to section 2935.36 of the Revised Code;
(6)
By any law enforcement agency or any authorized employee of a law
enforcement agency or by the department of rehabilitation and
correction or department of youth services as part of a background
investigation of a person who applies for employment with the agency
or with the department;
(7)
By any law enforcement agency or any authorized employee of a law
enforcement agency, for the purposes set forth in, and in the manner
provided in, section 2953.321 of the Revised Code;
(8)
By the bureau of criminal identification and investigation or any
authorized employee of the bureau for the purpose of providing
information to a board or person pursuant to division (F) or (G) of
section 109.57 of the Revised Code;
(9)
By the bureau of criminal identification and investigation or any
authorized employee of the bureau for the purpose of performing a
criminal history records check on a person to whom a certificate as
prescribed in section 109.77 of the Revised Code is to be awarded;
(10)
By the bureau of criminal identification and investigation or any
authorized employee of the bureau for the purpose of conducting a
criminal records check of an individual pursuant to division (B) of
section 109.572 of the Revised Code that was requested pursuant to
any of the sections identified in division (B)(1) of that section;
(11)
By the bureau of criminal identification and investigation, an
authorized employee of the bureau, a sheriff, or an authorized
employee of a sheriff in connection with a criminal records check
described in section 311.41 of the Revised Code;
(12)
By the attorney general or an authorized employee of the attorney
general or a court for purposes of determining a person's
classification pursuant to Chapter 2950. of the Revised Code;
(13)
By a court, the registrar of motor vehicles, a prosecuting attorney
or the prosecuting attorney's assistants, or a law enforcement
officer for the purpose of assessing points against a person under
section 4510.036 of the Revised Code or for taking action with regard
to points assessed.
When
the nature and character of the offense with which a person is to be
charged would be affected by the information, it may be used for the
purpose of charging the person with an offense.
(E)
In
any criminal proceeding, proof of any otherwise admissible prior
conviction may be introduced and proved, notwithstanding the fact
that for any such prior conviction an order of sealing previously was
issued pursuant to sections 2953.31 to 2953.36 of the Revised Code.
(F)
The person or governmental agency, office, or department that
maintains sealed records pertaining to convictions or bail
forfeitures that have been sealed pursuant to this section may
maintain a manual or computerized index to the sealed records. The
index shall contain only the name of, and alphanumeric identifiers
that relate to, the persons who are the subject of the sealed
records, the word "sealed," and the name of the person,
agency, office, or department that has custody of the sealed records,
and shall not contain the name of the crime committed. The index
shall be made available by the person who has custody of the sealed
records only for the purposes set forth in divisions (C), (D), and
(E) of this section.
(G)
Notwithstanding any provision of this section or section 2953.33 of
the Revised Code that requires otherwise, a board of education of a
city, local, exempted village, or joint vocational school district
that maintains records of an individual who has been permanently
excluded under sections 3301.121 and 3313.662 of the Revised Code is
permitted to maintain records regarding a conviction that was used as
the basis for the individual's permanent exclusion, regardless of a
court order to seal the record. An order issued under this section to
seal the record of a conviction does not revoke the adjudication
order of the superintendent of public instruction to permanently
exclude the individual who is the subject of the sealing order. An
order issued under this section to seal the record of a conviction of
an individual may be presented to a district superintendent as
evidence to support the contention that the superintendent should
recommend that the permanent exclusion of the individual who is the
subject of the sealing order be revoked. Except as otherwise
authorized by this division and sections 3301.121 and 3313.662 of the
Revised Code, any school employee in possession of or having access
to the sealed conviction records of an individual that were the basis
of a permanent exclusion of the individual is subject to section
2953.35 of the Revised Code.
(H)
Notwithstanding any provision of this section or section 2953.33 of
the Revised Code that requires otherwise, if the auditor of state or
a prosecutor maintains records, reports, or audits of an individual
who has been forever disqualified from holding public office,
employment, or position of trust in this state under sections 2921.41
and 2921.43 of the Revised Code, or has otherwise been convicted of
an offense based upon the records, reports, or audits of the auditor
of state, the auditor of state or prosecutor is permitted to maintain
those records to the extent they were used as the basis for the
individual's disqualification or conviction, and shall not be
compelled by court order to seal those records.
(I)
For purposes of sections 2953.31 to 2953.36 of the Revised Code, DNA
records collected in the DNA database and fingerprints filed for
record by the superintendent of the bureau of criminal identification
and investigation shall not be sealed unless the superintendent
receives a certified copy of a final court order establishing that
the offender's conviction has been overturned. For purposes of this
section, a court order is not "final" if time remains for
an appeal or application for discretionary review with respect to the
order.
(J)
The sealing of a record under this section does not affect the
assessment of points under section 4510.036 of the Revised Code and
does not erase points assessed against a person as a result of the
sealed record. A
record that is expunged under this section shall be destroyed,
deleted, and erased, as appropriate for the record's physical or
electronic form or characteristic, so that the record is permanently
irretrievable.
Sec.
2953.52
2953.33.
(A)(1)
Any person, who is found not guilty of an offense by a jury or a
court or who is the defendant named in a dismissed complaint,
indictment, or information, may apply to the court for an order to
seal the person's official records in the case. Except as provided in
section 2953.61 of the Revised Code, the application may be filed at
any time after the finding of not guilty or the dismissal of the
complaint, indictment, or information is entered upon the minutes of
the court or the journal, whichever entry occurs first.
(2) Any person, against whom a no bill is entered by a grand jury, may apply to the court for an order to seal his official records in the case. Except as provided in section 2953.61 of the Revised Code, the application may be filed at any time after the expiration of two years after the date on which the foreperson or deputy foreperson of the grand jury reports to the court that the grand jury has reported a no bill.
(3) Any person who is granted by the governor under division (B) of section 2967.02 of the Revised Code an absolute and entire pardon, a partial pardon, or a pardon upon conditions precedent or subsequent may apply to the court for an order to seal the person's official records in the case in which the person was convicted of the offense for which any of those types of pardons are granted. The application may be filed at any time after an absolute and entire pardon or a partial pardon is granted or at any time after all of the conditions precedent or subsequent to the pardon are met.
(B)(1)
Upon the filing of an application pursuant to division (A) of this
section, the court shall set a date for a hearing and shall notify
the prosecutor in the case of the hearing on the application. The
court shall hold the hearing not less than forty-five days and not
more than ninety days from the date of the filing of the application.
The
prosecutor may object to the granting of the application by filing
an
a
written objection
with the court not
later than thirty days prior
to the date set for the hearing. The prosecutor shall specify in the
objection the reasons the prosecutor believes justify a denial of the
application.
(2) The court shall do each of the following, except as provided in division (B)(3) of this section:
(a)(i) Determine whether the person was found not guilty in the case, or the complaint, indictment, or information in the case was dismissed, or a no bill was returned in the case and a period of two years or a longer period as required by section 2953.61 of the Revised Code has expired from the date of the report to the court of that no bill by the foreperson or deputy foreperson of the grand jury;
(ii) If the complaint, indictment, or information in the case was dismissed, determine whether it was dismissed with prejudice or without prejudice and, if it was dismissed without prejudice, determine whether the relevant statute of limitations has expired;
(b) Determine whether criminal proceedings are pending against the person;
(c) If the prosecutor has filed an objection in accordance with division (B)(1) of this section, consider the reasons against granting the application specified by the prosecutor in the objection;
(d) If the person was granted a pardon upon conditions precedent or subsequent for the offense for which the person was convicted, determine whether all of those conditions have been met;
(e) Weigh the interests of the person in having the official records pertaining to the case sealed against the legitimate needs, if any, of the government to maintain those records.
(3)
If the court determines after complying with division (B)(2)(a) of
this section that the person was found not guilty in the case, that
the complaint, indictment, or information in the case was dismissed
with prejudice, or
that
the complaint, indictment, or information in the case was dismissed
without prejudice and that the relevant statute of limitations has
expired, or
the individual was granted by the governor an absolute and entire
pardon, a partial pardon, or a pardon upon conditions precedent or
subsequent that have been met, the
court shall issue an order to the superintendent of the bureau of
criminal identification and investigation directing that the
superintendent seal or cause to be sealed the official records in the
case consisting of DNA specimens that are in the possession of the
bureau and all DNA records and DNA profiles. The determinations and
considerations described in divisions (B)(2)(b), (c), and (d) of this
section do not apply with respect to a determination of the court
described in this division.
(4)
The determinations described in this division are separate from the
determination described in division (B)(3) of this section. If the
court determines, after complying with division (B)(2) of this
section, that the person was found not guilty in the case, that the
complaint, indictment, or information in the case was dismissed, the
individual was granted by the governor an absolute and entire pardon,
a partial pardon, or a pardon upon conditions precedent or subsequent
that have been met, or
that a no bill was returned in the case and that the appropriate
period of time has expired from the date of the report to the court
of the no bill by the foreperson or deputy foreperson of the grand
jury; that no criminal proceedings are pending against the person;
and the interests of the person in having the records pertaining to
the case sealed are not outweighed by any legitimate governmental
needs to maintain such records, or if division (E)(2)(b) of section
4301.69 of the Revised Code applies, in addition to the order
required under division (B)(3) of this section, the court shall issue
an order directing that all official records pertaining to the case
be sealed and that, except as provided in section 2953.53
2953.34
of
the Revised Code, the proceedings in the case be deemed not to have
occurred.
(5) Any DNA specimens, DNA records, and DNA profiles ordered to be sealed under this section shall not be sealed if the person with respect to whom the order applies is otherwise eligible to have DNA records or a DNA profile in the national DNA index system.
Sec. 2953.34. (A) Inspection of the sealed records included in a sealing order may be made only by the following persons or for the following purposes:
(1) By a law enforcement officer or prosecutor, or the assistants of either, to determine whether the nature and character of the offense with which a person is to be charged would be affected by virtue of the person's previously having been convicted of a crime;
(2) By the parole or probation officer of the person who is the subject of the records, for the exclusive use of the officer in supervising the person while on parole or under a community control sanction or a post-release control sanction, and in making inquiries and written reports as requested by the court or adult parole authority;
(3) Upon application by the person who is the subject of the records, by the persons named in the application;
(4) By a law enforcement officer who was involved in the case, for use in the officer's defense of a civil action arising out of the officer's involvement in that case;
(5) By a prosecuting attorney or the prosecuting attorney's assistants, to determine a defendant's eligibility to enter a pre-trial diversion program established pursuant to section 2935.36 of the Revised Code;
(6) By any law enforcement agency or any authorized employee of a law enforcement agency or by the department of rehabilitation and correction or department of youth services as part of a background investigation of a person who applies for employment with the agency or with the department;
(7) By any law enforcement agency or any authorized employee of a law enforcement agency, for the purposes set forth in, and in the manner provided in, division (I) of section 2953.34 of the Revised Code;
(8) By the bureau of criminal identification and investigation or any authorized employee of the bureau for the purpose of providing information to a board or person pursuant to division (F) or (G) of section 109.57 of the Revised Code;
(9) By the bureau of criminal identification and investigation or any authorized employee of the bureau for the purpose of performing a criminal history records check on a person to whom a certificate as prescribed in section 109.77 of the Revised Code is to be awarded;
(10) By the bureau of criminal identification and investigation or any authorized employee of the bureau for the purpose of conducting a criminal records check of an individual pursuant to division (B) of section 109.572 of the Revised Code that was requested pursuant to any of the sections identified in division (B)(1) of that section;
(11) By the bureau of criminal identification and investigation, an authorized employee of the bureau, a sheriff, or an authorized employee of a sheriff in connection with a criminal records check described in section 311.41 of the Revised Code;
(12) By the attorney general or an authorized employee of the attorney general or a court for purposes of determining a person's classification pursuant to Chapter 2950. of the Revised Code;
(13) By a court, the registrar of motor vehicles, a prosecuting attorney or the prosecuting attorney's assistants, or a law enforcement officer for the purpose of assessing points against a person under section 4510.036 of the Revised Code or for taking action with regard to points assessed.
When the nature and character of the offense with which a person is to be charged would be affected by the information, it may be used for the purpose of charging the person with an offense.
(B) In any criminal proceeding, proof of any otherwise admissible prior conviction may be introduced and proved, notwithstanding the fact that for any such prior conviction an order of sealing or expungement previously was issued pursuant to sections 2953.31 to 2953.34 of the Revised Code.
(C) The person or governmental agency, office, or department that maintains sealed records pertaining to convictions or bail forfeitures that have been sealed pursuant to section 2953.32 of the Revised Code may maintain a manual or computerized index to the sealed records. The index shall contain only the name of, and alphanumeric identifiers that relate to, the persons who are the subject of the sealed records, the word "sealed," and the name of the person, agency, office, or department that has custody of the sealed records, and shall not contain the name of the crime committed. The index shall be made available by the person who has custody of the sealed records only for the purposes set forth in divisions (A), (B), and (D) of this section.
(D) Notwithstanding any provision of this section or section 2953.32 of the Revised Code that requires otherwise, a board of education of a city, local, exempted village, or joint vocational school district that maintains records of an individual who has been permanently excluded under sections 3301.121 and 3313.662 of the Revised Code is permitted to maintain records regarding a conviction that was used as the basis for the individual's permanent exclusion, regardless of a court order to seal or expunge the record. An order issued under this section to seal or expunge the record of a conviction does not revoke the adjudication order of the superintendent of public instruction to permanently exclude the individual who is the subject of the sealing or expungement order. An order issued under this section to seal or expunge the record of a conviction of an individual may be presented to a district superintendent as evidence to support the contention that the superintendent should recommend that the permanent exclusion of the individual who is the subject of the sealing or expungement order be revoked. Except as otherwise authorized by this division and sections 3301.121 and 3313.662 of the Revised Code, any school employee in possession of or having access to the sealed or expunged conviction records of an individual that were the basis of a permanent exclusion of the individual is subject to division (J) of this section.
(E) Notwithstanding any provision of this section or section 2953.32 of the Revised Code that requires otherwise, if the auditor of state or a prosecutor maintains records, reports, or audits of an individual who has been forever disqualified from holding public office, employment, or a position of trust in this state under sections 2921.41 and 2921.43 of the Revised Code, or has otherwise been convicted of an offense based upon the records, reports, or audits of the auditor of state, the auditor of state or prosecutor is permitted to maintain those records to the extent they were used as the basis for the individual's disqualification or conviction, and shall not be compelled by court order to seal or expunge those records.
(F) For purposes of sections 2953.31 and 2953.34 of the Revised Code, DNA records collected in the DNA database and fingerprints filed for record by the superintendent of the bureau of criminal identification and investigation shall not be sealed or expunged unless the superintendent receives a certified copy of a final court order establishing that the offender's conviction has been overturned. For purposes of this section, a court order is not "final" if time remains for an appeal or application for discretionary review with respect to the order.
(G) The sealing of a record under this section does not affect the assessment of points under section 4510.036 of the Revised Code and does not erase points assessed against a person as a result of the sealed record.
(H)(1) The court shall send notice of any order to seal official records issued pursuant to division (B)(3) of section 2953.33 of the Revised Code to the bureau of criminal identification and investigation and shall send notice of any order issued pursuant to division (B)(4) of that section to any public office or agency that the court knows or has reason to believe may have any record of the case, whether or not it is an official record, that is the subject of the order.
(2) A person whose official records have been sealed pursuant to an order issued pursuant to section 2953.33 of the Revised Code may present a copy of that order and a written request to comply with it, to a public office or agency that has a record of the case that is the subject of the order.
(3) An order to seal official records issued pursuant to section 2953.33 of the Revised Code applies to every public office or agency that has a record of the case that is the subject of the order, regardless of whether it receives notice of the hearing on the application for the order to seal the official records or receives a copy of the order to seal the official records pursuant to division (H)(1) or (2) of this section.
(4) Upon receiving a copy of an order to seal official records pursuant to division (H)(1) or (2) of this section or upon otherwise becoming aware of an applicable order to seal official records issued pursuant to section 2953.33 of the Revised Code, a public office or agency shall comply with the order and, if applicable, with division (K) of this section, except that it may maintain a record of the case that is the subject of the order if the record is maintained for the purpose of compiling statistical data only and does not contain any reference to the person who is the subject of the case and the order.
(5) A public office or agency also may maintain an index of sealed official records, in a form similar to that for sealed records of conviction as set forth in division (C) of this section, access to which may not be afforded to any person other than the person who has custody of the sealed official records. The sealed official records to which such an index pertains shall not be available to any person, except that the official records of a case that have been sealed may be made available to the following persons for the following purposes:
(a) To the person who is the subject of the records upon written application, and to any other person named in the application, for any purpose;
(b) To a law enforcement officer who was involved in the case, for use in the officer's defense of a civil action arising out of the officer's involvement in that case;
(c) To a prosecuting attorney or the prosecuting attorney's assistants to determine a defendant's eligibility to enter a pre-trial diversion program established pursuant to section 2935.36 of the Revised Code;
(d) To a prosecuting attorney or the prosecuting attorney's assistants to determine a defendant's eligibility to enter a pre-trial diversion program under division (E)(2)(b) of section 4301.69 of the Revised Code.
(I)(1) Upon the issuance of an order by a court pursuant to division (D)(2) of section 2953.32 of the Revised Code directing that all official records of a case pertaining to a conviction or bail forfeiture be sealed or expunged or an order by a court pursuant to division (E) of section 2151.358, division (C)(2) of section 2953.35, or division (E) of section 2953.36 of the Revised Code directing that all official records of a case pertaining to a conviction or delinquent child adjudication be expunged:
(a) Every law enforcement officer who possesses investigatory work product immediately shall deliver that work product to the law enforcement officer's employing law enforcement agency.
(b) Except as provided in divisions (I)(1)(c) and (d) of this section, every law enforcement agency that possesses investigatory work product shall close that work product to all persons who are not directly employed by the law enforcement agency and shall treat that work product, in relation to all persons other than those who are directly employed by the law enforcement agency, as if it did not exist and never had existed.
(c) A law enforcement agency that possesses investigatory work product may permit another law enforcement agency to use that work product in the investigation of another offense if the facts incident to the offense being investigated by the other law enforcement agency and the facts incident to an offense that is the subject of the case are reasonably similar. The agency that permits the use of investigatory work product may provide the other agency with the name of the person who is the subject of the case if it believes that the name of the person is necessary to the conduct of the investigation by the other agency.
(d) The auditor of state may provide to or discuss with other parties investigatory work product maintained pursuant to Chapter 117. of the Revised Code by the auditor of state.
(2)(a) Except as provided in divisions (I)(1)(c) and (d) of this section, no law enforcement officer or other person employed by a law enforcement agency shall knowingly release, disseminate, or otherwise make the investigatory work product or any information contained in that work product available to, or discuss any information contained in it with, any person not employed by the employing law enforcement agency.
(b) No law enforcement agency, or person employed by a law enforcement agency, that receives investigatory work product pursuant to divisions (I)(1)(c) and (d) of this section shall use that work product for any purpose other than the investigation of the offense for which it was obtained from the other law enforcement agency, or disclose the name of the person who is the subject of the work product except when necessary for the conduct of the investigation of the offense, or the prosecution of the person for committing the offense, for which it was obtained from the other law enforcement agency.
(3) Whoever violates division (I)(2)(a) or (b) of this section is guilty of divulging confidential investigatory work product, a misdemeanor of the fourth degree.
(J)(1) Except as authorized by divisions (A) to (C) of this section or by Chapter 2950. of the Revised Code and subject to division (J)(2) of this section, any officer or employee of the state, or a political subdivision of the state, who releases or otherwise disseminates or makes available for any purpose involving employment, bonding, or licensing in connection with any business, trade, or profession to any person, or to any department, agency, or other instrumentality of the state, or any political subdivision of the state, any information or other data concerning any law enforcement or justice system matter the records with respect to which the officer or employee had knowledge of were sealed by an existing order issued pursuant to section 2953.32 of the Revised Code, division (E) of section 2151.358, section 2953.35, or section 2953.36 of the Revised Code, or were expunged by an order issued pursuant to section 2953.42 of the Revised Code as it existed prior to June 29, 1988, is guilty of divulging confidential information, a misdemeanor of the fourth degree.
(2) Division (J)(1) of this section does not apply to an officer or employee of the state, or a political subdivision of the state, who releases or otherwise disseminates or makes available for any purpose specified in that division any information or other data concerning a law enforcement or justice system matter the records of which the officer had knowledge were sealed or expunged by an order of a type described in that division, if all of the following apply:
(a) The officer or employee released, disseminated, or made available the information or data from the sealed or expunged records together with information or data concerning another law enforcement or justice system matter.
(b) The records of the other law enforcement or justice system matter were not sealed or expunged by any order of a type described in division (J)(1) of this section.
(c) The law enforcement or justice system matter covered by the information or data from the sealed or expunged records and the other law enforcement or justice system matter covered by the information or data from the records that were not sealed or expunged resulted from or were connected to the same act.
(d) The officer or employee made a good faith effort to not release, disseminate, or make available any information or other data concerning any law enforcement or justice system matter from the sealed or expunged records, and the officer or employee did not release, disseminate, or make available the information or other data from the sealed or expunged records with malicious purpose, in bad faith, or in a wanton or reckless manner.
(3) Any person who, in violation of this section, uses, disseminates, or otherwise makes available any index prepared pursuant to division (C) of this section is guilty of a misdemeanor of the fourth degree.
(K)(1) Except as otherwise provided in Chapter 2950. of the Revised Code, upon the issuance of an order by a court under division (B) of section 2953.33 of the Revised Code directing that all official records pertaining to a case be sealed and that the proceedings in the case be deemed not to have occurred:
(a) Every law enforcement officer possessing records or reports pertaining to the case that are the officer's specific investigatory work product and that are excepted from the definition of official records shall immediately deliver the records and reports to the officer's employing law enforcement agency. Except as provided in division (K)(1)(c) or (d) of this section, no such officer shall knowingly release, disseminate, or otherwise make the records and reports or any information contained in them available to, or discuss any information contained in them with, any person not employed by the officer's employing law enforcement agency.
(b) Every law enforcement agency that possesses records or reports pertaining to the case that are its specific investigatory work product and that are excepted from the definition of official records, or that are the specific investigatory work product of a law enforcement officer it employs and that were delivered to it under division (K)(1)(a) of this section shall, except as provided in division (K)(1)(c) or (d) of this section, close the records and reports to all persons who are not directly employed by the law enforcement agency and shall, except as provided in division (K)(1)(c) or (d) of this section, treat the records and reports, in relation to all persons other than those who are directly employed by the law enforcement agency, as if they did not exist and had never existed. Except as provided in division (K)(1)(c) or (d) of this section, no person who is employed by the law enforcement agency shall knowingly release, disseminate, or otherwise make the records and reports in the possession of the employing law enforcement agency or any information contained in them available to, or discuss any information contained in them with, any person not employed by the employing law enforcement agency.
(c) A law enforcement agency that possesses records or reports pertaining to the case that are its specific investigatory work product and that are excepted from the definition of official records, or that are the specific investigatory work product of a law enforcement officer it employs and that were delivered to it under division (K)(1)(a) of this section may permit another law enforcement agency to use the records or reports in the investigation of another offense, if the facts incident to the offense being investigated by the other law enforcement agency and the facts incident to an offense that is the subject of the case are reasonably similar. The agency that provides the records and reports may provide the other agency with the name of the person who is the subject of the case, if it believes that the name of the person is necessary to the conduct of the investigation by the other agency.
No law enforcement agency, or person employed by a law enforcement agency, that receives from another law enforcement agency records or reports pertaining to a case the records of which have been ordered sealed pursuant to division (B) of section 2953.33 of the Revised Code shall use the records and reports for any purpose other than the investigation of the offense for which they were obtained from the other law enforcement agency, or disclose the name of the person who is the subject of the records or reports except when necessary for the conduct of the investigation of the offense, or the prosecution of the person for committing the offense, for which they were obtained from the other law enforcement agency.
(d) The auditor of state may provide to or discuss with other parties records, reports, or audits maintained by the auditor of state pursuant to Chapter 117. of the Revised Code pertaining to the case that are the auditor of state's specific investigatory work product and that are excepted from the definition of "official records" contained in division (C) of section 2953.31 of the Revised Code, or that are the specific investigatory work product of a law enforcement officer the auditor of state employs and that were delivered to the auditor of state under division (K)(1)(a) of this section.
(2) Whoever violates division (K)(1) of this section is guilty of divulging confidential information, a misdemeanor of the fourth degree.
(L)(1) In any application for employment, license, or any other right or privilege, any appearance as a witness, or any other inquiry, a person may not be questioned with respect to any record that has been sealed pursuant to section 2953.33 of the Revised Code. If an inquiry is made in violation of this division, the person whose official record was sealed may respond as if the arrest underlying the case to which the sealed official records pertain and all other proceedings in that case did not occur, and the person whose official record was sealed shall not be subject to any adverse action because of the arrest, the proceedings, or the person's response.
(2) An officer or employee of the state or any of its political subdivisions who knowingly releases, disseminates, or makes available for any purpose involving employment, bonding, licensing, or education to any person or to any department, agency, or other instrumentality of the state, or of any of its political subdivisions, any information or other data concerning any arrest, complaint, indictment, information, trial, adjudication, or correctional supervision, the records of which have been sealed pursuant to section 2953.33 of the Revised Code, is guilty of divulging confidential information, a misdemeanor of the fourth degree.
(M) It is not a violation of division (I), (J), (K), or (L) of this section for the bureau of criminal identification and investigation or any authorized employee of the bureau participating in the investigation of criminal activity to release, disseminate, or otherwise make available to, or discuss with, a person directly employed by a law enforcement agency DNA records collected in the DNA database or fingerprints filed for record by the superintendent of the bureau of criminal identification and investigation.
(N)(1) An order issued under section 2953.35 of the Revised Code to expunge the record of a person's conviction or, except as provided in division (D) of this section, an order issued under that section to seal the record of a person's conviction restores the person who is the subject of the order to all rights and privileges not otherwise restored by termination of the sentence or community control sanction or by final release on parole or post-release control.
(2)(a) In any application for employment, license, or other right or privilege, any appearance as a witness, or any other inquiry, except as provided in division (B) of this section and in section 3319.292 of the Revised Code and subject to division (N)(2)(c) of this section, a person may be questioned only with respect to convictions not sealed, bail forfeitures not expunged under section 2953.42 of the Revised Code as it existed prior to June 29, 1988, and bail forfeitures not sealed, unless the question bears a direct and substantial relationship to the position for which the person is being considered.
(b) In any application for a certificate of qualification for employment under section 2953.25 of the Revised Code, a person may be questioned only with respect to convictions not sealed and bail forfeitures not sealed.
(c) A person may not be questioned in any application, appearance, or inquiry of a type described in division (N)(2)(a) of this section with respect to any conviction expunged under section 2953.35 of the Revised Code.
(O)
Nothing
in sections
2953.31 to 2953.33 section
2953.32 or 2953.34 of
the Revised Code precludes an eligible
offender
from taking an appeal or seeking any relief from the eligible
offender's
conviction or from relying on it in lieu of any subsequent
prosecution for the same offense.
Sec.
2953.37
2953.35.
(A)
As
used in this section:
(1)
"Expunge" means to destroy, delete, and erase a record as
appropriate for the record's physical or electronic form or
characteristic so that the record is permanently irretrievable.
(2)
"Official records" has the same meaning as in section
2953.51 of the Revised Code.
(3)
"Prosecutor" has the same meaning as in section 2953.31 of
the Revised Code.
(4)
"Record of conviction" means the record related to a
conviction of or plea of guilty to an offense.
(B)
Any
person who is convicted of, was convicted of, pleads guilty to, or
has pleaded guilty to a violation of division (B), (C), or (E) of
section 2923.16 of the Revised Code as the division existed prior to
September 30, 2011, and who is authorized by division (H)(2)(a) of
that section to file an application under this section for the
expungement of the conviction record may apply to the sentencing
court for the expungement of the record of conviction. The person may
file the application at any time on or after September 30, 2011. The
application shall do all of the following:
(1) Identify the applicant, the offense for which the expungement is sought, the date of the conviction of or plea of guilty to that offense, and the court in which the conviction occurred or the plea of guilty was entered;
(2) Include evidence that the offense was a violation of division (B), (C), or (E) of section 2923.16 of the Revised Code as the division existed prior to September 30, 2011, and that the applicant is authorized by division (H)(2)(a) of that section to file an application under this section;
(3) Include a request for expungement of the record of conviction of that offense under this section.
(C)
(B)
Upon
the filing of an application under division (B)
(A)
of
this section and the payment of the fee described in division (D)(3)
(C)(3)
of
this section if applicable, the court shall set a date for a hearing
and shall notify the prosecutor for the case of the hearing on the
application. The prosecutor may object to the granting of the
application by filing an objection with the court prior to the date
set for the hearing. The prosecutor shall specify in the objection
the reasons for believing a denial of the application is justified.
The court shall direct its regular probation officer, a state
probation officer, or the department of probation of the county in
which the applicant resides to make inquiries and written reports as
the court requires concerning the applicant. The court shall hold the
hearing scheduled under this division.
(D)(1)
(C)(1)
At
the hearing held under division (C)
(B)
of
this section, the court shall do each of the following:
(a) Determine whether the applicant has been convicted of or pleaded guilty to a violation of division (E) of section 2923.16 of the Revised Code as the division existed prior to September 30, 2011, and whether the conduct that was the basis of the violation no longer would be a violation of that division on or after September 30, 2011;
(b) Determine whether the applicant has been convicted of or pleaded guilty to a violation of division (B) or (C) of section 2923.16 of the Revised Code as the division existed prior to September 30, 2011, and whether the conduct that was the basis of the violation no longer would be a violation of that division on or after September 30, 2011, due to the application of division (F)(5) of that section as it exists on and after September 30, 2011;
(c)
If the prosecutor has filed an objection in accordance with division
(C)
(B)
of
this section, consider the reasons against granting the application
specified by the prosecutor in the objection;
(d) Weigh the interests of the applicant in having the records pertaining to the applicant's conviction or guilty plea expunged against the legitimate needs, if any, of the government to maintain those records.
(2)(a)
The court may order the expungement of all official records
pertaining to the case and the deletion of all index references to
the case and, if it does order the expungement, shall send notice of
the order to each public office or agency that the court has reason
to believe may have an official record pertaining to the case if the
court, after complying with division (D)(1)
(C)(1)
of
this section, determines both of the following:
(i) That the applicant has been convicted of or pleaded guilty to a violation of division (E) of section 2923.16 of the Revised Code as it existed prior to September 30, 2011, and the conduct that was the basis of the violation no longer would be a violation of that division on or after September 30, 2011, or that the applicant has been convicted of or pleaded guilty to a violation of division (B) or (C) of section 2923.16 of the Revised Code as the division existed prior to September 30, 2011, and the conduct that was the basis of the violation no longer would be a violation of that division on or after September 30, 2011, due to the application of division (F)(5) of that section as it exists on and after September 30, 2011;
(ii) That the interests of the applicant in having the records pertaining to the applicant's conviction or guilty plea expunged are not outweighed by any legitimate needs of the government to maintain those records.
(b)
The proceedings in the case that is the subject of an order issued
under division (D)(2)(a)
(C)(2)(a)
of
this section shall be considered not to have occurred and the
conviction or guilty plea of the person who is the subject of the
proceedings shall be expunged. The record of the conviction shall not
be used for any purpose, including, but not limited to, a criminal
records check under section 109.572 of the Revised Code or a
determination under section 2923.125 or 2923.1213 of the Revised Code
of eligibility for a concealed handgun license. The applicant may,
and the court shall, reply that no record exists with respect to the
applicant upon any inquiry into the matter.
(3) Upon the filing of an application under this section, the applicant, unless indigent, shall pay a fee of fifty dollars. The court shall pay thirty dollars of the fee into the state treasury and shall pay twenty dollars of the fee into the county general revenue fund.
Sec.
2953.38
2953.36.
(A)
As
used in this section:
(1)
"Expunge" means to destroy, delete, or erase a record as
appropriate for the record's physical or electronic form or
characteristic so that the record is permanently irretrievable.
(2)
"Prosecutor" has the same meaning as in section 2953.31 of
the Revised Code.
(3)
"Record of conviction" means any record related to a
conviction of or plea of guilty to an offense.
(4)
"Victim of human trafficking" means a person who is or was
a victim of a violation of section 2905.32 of the Revised Code,
regardless of whether anyone has been convicted of a violation of
that section or of any other section for victimizing the person.
(B)
Any
person who is or was convicted of a violation of section 2907.24,
2907.241, or 2907.25 of the Revised Code may apply to the sentencing
court for the expungement of the record of conviction of any offense,
other than a record of conviction of a violation of section 2903.01,
2903.02, 2907.011,
or
2907.02 of the Revised Code, the person's participation in which was
a result of the person having been a victim of human trafficking. The
person may file the application at any time. The application may
request an order to expunge the record of conviction for more than
one offense, but if it does, the court shall consider the request for
each offense separately as if a separate application had been made
for each offense and all references in divisions (B)
(A)
to
(H)
(G)
of
this section to "the offense" or "that offense"
mean each of those offenses that are the subject of the application.
The application shall do all of the following:
(1) Identify the applicant, the offense for which the expungement is sought, the date of the conviction of that offense, and the court in which the conviction occurred;
(2) Describe the evidence and provide copies of any documentation showing that the person is entitled to relief under this section;
(3) Include a request for expungement of the record of conviction of that offense under this section.
(C)
(B)
The
court may deny an application made under division (B)
(A)
of
this section if it finds that the application fails to assert grounds
on which relief may be granted.
(D)
(C)
If
the court does not deny an application under division (C)
(B)
of
this section, it shall set a date for a hearing and shall notify the
prosecutor for the case from which the record of conviction resulted
of the hearing on the application. The prosecutor may object to the
granting of the application by filing an objection with the court
prior to the date set for the hearing. The prosecutor shall specify
in the objection the reasons for believing a denial of the
application is justified. The court may direct its regular probation
officer, a state probation officer, or the department of probation of
the county in which the applicant resides to make inquiries and
written reports as the court requires concerning the applicant.
(E)(1)
(D)(1)
At
the hearing held under division (D)
(C)
of
this section, the court shall do both of the following:
(a) If the prosecutor has filed an objection, consider the reasons against granting the application specified by the prosecutor in the objection;
(b) Determine whether the applicant has demonstrated by a preponderance of the evidence that the applicant's participation in the offense that is the subject of the application was a result of the applicant having been a victim of human trafficking.
(2)
If the court at the hearing held under division (D)
(C)
of
this section determines that the applicant's participation in the
offense that is the subject of the application was a result of the
applicant having been a victim of human trafficking and if that
subject offense is a felony of the first or second degree, the court
at the hearing also shall consider all of the following factors and,
upon consideration of the factors, shall determine whether the
interests of the applicant in having the record of the conviction of
that offense expunged are outweighed by any legitimate needs of the
government to maintain that record of conviction:
(a) The degree of duress under which the applicant acted in committing the subject offense, including, but not limited to, the history of the use of force or threatened use of force against the applicant or another person, whether the applicant's judgment or control was impaired by the administration to the applicant of any intoxicant, drug, or controlled substance, and the threat of withholding from the applicant food, water, or any drug;
(b) The seriousness of the subject offense;
(c) The relative degree of physical harm done to any person in the commission of the subject offense;
(d) The length of time that has expired since the commission of the subject offense;
(e) Whether the prosecutor represents to the court that criminal proceedings are likely to still be initiated against the applicant for a felony offense for which the period of limitations has not expired;
(f) Whether the applicant at the time of the hearing is subject to supervision as a result of the subject offense.
(F)
(E)
If
after a hearing held under division (D)
(C)
of
this section the court finds that the applicant has demonstrated by a
preponderance of the evidence that the applicant's participation in
the offense that is the subject of the application was the result of
the applicant having been a victim of human trafficking, and, if the
offense that is the subject of the application is a felony of the
first or second degree, after consideration of the factors required
under division (E)(2)
(D)(2)
of
this section, it finds that the interests of the applicant in having
the record of the conviction of that offense expunged are not
outweighed by any legitimate needs of the government to maintain that
record of conviction, the court shall grant the application and order
that the record of conviction be expunged.
(G)(1)
(F)(1)
The
court shall send notice of the order of expungement issued under
division (F)
(E)
of
this section to each public office or agency that the court has
reason to believe may have an official record pertaining to the case
if the court, after complying with division (E)
(D)
of
this section, determines both of the following:
(a) That the applicant has been convicted of a violation of section 2907.24, 2907.241, or 2907.25 of the Revised Code;
(b) That the interests of the applicant in having the records pertaining to the applicant's conviction expunged are not outweighed by any legitimate needs of the government to maintain those records.
(2)
The proceedings in the case that is the subject of an order of
expungement issued under division (F)
(E)
of
this section shall be considered not to have occurred and the
conviction of the person who is the subject of the proceedings shall
be expunged. The record of the conviction shall not be used for any
purpose, including, but not limited to, a criminal records check
under section 109.572 of the Revised Code. The applicant may, and the
court shall, reply that no record exists with respect to the
applicant upon any inquiry into the matter.
(H)
(G)
Upon
the filing of an application under this section, the applicant,
unless indigent, shall pay a fee of fifty dollars. The court shall
pay thirty dollars of the fee into the state treasury and shall pay
twenty dollars of the fee into the county general revenue fund.
Sec.
2953.56
2953.37.
Violations
of sections 2953.31 to 2953.61 of the Revised Code shall not provide
the basis to exclude or suppress any of the following evidence that
is otherwise admissible in a criminal proceeding, delinquent child
proceeding, or other legal proceeding:
(A) DNA records collected in the DNA database;
(B) Fingerprints filed for record by the superintendent of the bureau of criminal identification and investigation;
(C) Other evidence that was obtained or discovered as the direct or indirect result of divulging or otherwise using the records described in divisions (A) and (B) of this section.
Sec.
2953.521. (A)
As
used in this section, "expunge" has the same meaning as in
section 2953.38 of the Revised Code.
(B)
Any
person who is found not guilty of an offense by a jury or a court or
who is the defendant named in a dismissed complaint, indictment, or
information may apply to the court for an order to expunge the
person's official records in the case if the complaint, indictment,
information, or finding of not guilty that is the subject of the
application was the result of the applicant having been a victim of
human trafficking. The application may be filed at any time after the
finding of not guilty or the dismissal of the complaint, indictment,
or information is entered upon the minutes of the court or the
journal, whichever entry occurs first. The application may request an
order to expunge official records for more than one offense, but if
it does, the court shall consider the request for each offense
separately as if a separate application had been made for each
offense and all references in divisions (B)
(A)
to
(H)
(G)
of
this section to "the offense" or "that offense"
mean each of those offenses that are the subject of the application.
(C)
(B)
The
court may deny an application made under division (B)
(A)
of
this section if it finds that the application fails to assert grounds
on which relief may be granted.
(D)
(C)
If
the court does not deny an application under division (C)
(B)
of
this section, the court shall set a date for a hearing and shall
notify the prosecutor for the case of the hearing on the application.
The prosecutor may object to the granting of the application by
filing an objection with the court prior to the date set for the
hearing. The prosecutor shall specify in the objection the reasons
for believing a denial of the application is justified.
(E)
(D)
At
the hearing held under division (D)
(C)
of
this section, the court shall do all of the following:
(1) If the prosecutor has filed an objection, consider the reasons against granting the application specified by the prosecutor in the objection;
(2) Determine whether the applicant has demonstrated by a preponderance of the evidence that the complaint, indictment, information, or finding of not guilty that is the subject of the application was the result of the applicant having been a victim of human trafficking;
(3) If the application pertains to a dismissed complaint, indictment, or information, determine whether the dismissal was with prejudice or without prejudice and, if the dismissal was without prejudice, whether the period of limitations applicable to the offense that was the subject of that complaint, indictment, or information has expired;
(4) Determine whether any criminal proceedings are pending against the applicant.
(F)(1)
(E)(1)
Subject
to division (F)(2)
(E)(2)
of
this section, if the court finds that the applicant has demonstrated
by a preponderance of the evidence that the complaint, indictment,
information, or finding of not guilty that is the subject of the
application was the result of the applicant having been a victim of
human trafficking, the court shall grant the application and order
that the official records be expunged.
(2) The court shall not grant the application and order that the official records be expunged unless the court determines that the interests of the applicant in having the official records pertaining to the complaint, indictment, or information or finding of not guilty that is the subject of the application expunged are not outweighed by any legitimate needs of the government to maintain those records.
(G)
(F)
If
an expungement is ordered under division (F)
(E)
of
this section, the court shall send notice of the order of expungement
to each public office or agency that the court has reason to believe
may have an official record pertaining to the case.
(H)
(G)
The
proceedings in the case that is the subject of an order issued under
division (F)
(E)
of
this section shall be considered not to have occurred and the
official records shall be expunged. The official records shall not be
used for any purpose, including a criminal records check under
section 109.572 of the Revised Code. The applicant may, and the court
shall, reply that no record exists with respect to the applicant upon
any inquiry into the matter.
Sec. 2953.57. (A) A court that enters a judgment that vacates and sets aside the conviction of a person because of DNA testing that was performed under sections 2953.71 to 2953.81 of the Revised Code or under section 2953.82 of the Revised Code shall issue ninety days after the court vacates and sets aside the conviction an order directing that all official records pertaining to the case involving the vacated conviction be sealed and that the proceedings in the case shall be deemed not to have occurred.
(B)
As used in sections 2953.57 to 2953.60 of the Revised Code, "official
records" has the same meaning as in section 2953.51
2953.31
of
the Revised Code.
Sec. 2953.58. (A) The court shall send notice of an order to seal official records issued pursuant to section 2953.57 of the Revised Code to any public office or agency that the court knows or has reason to believe may have any record of the case, whether or not it is an official record, that is the subject of the order. The notice shall be sent by certified mail, return receipt requested.
(B) A person whose official records have been sealed pursuant to an order issued pursuant to section 2953.57 of the Revised Code may present a copy of that order and a written request to comply with it, to a public office or agency that has a record of the case that is the subject of the order.
(C) An order to seal official records issued pursuant to section 2953.57 of the Revised Code applies to every public office or agency that has a record of the case that is the subject of the order, regardless of whether it receives a copy of the order to seal the official records pursuant to division (A) or (B) of this section.
(D) Upon receiving a copy of an order to seal official records pursuant to division (A) or (B) of this section or upon otherwise becoming aware of an applicable order to seal official records issued pursuant to section 2953.57 of the Revised Code, a public office or agency shall comply with the order and, if applicable, with the provisions of section 2953.59 of the Revised Code, except that it may maintain a record of the case that is the subject of the order if the record is maintained for the purpose of compiling statistical data only and does not contain any reference to the person who is the subject of the case and the order.
A
public office or agency also may maintain an index of sealed official
records, in a form similar to that for sealed records of conviction
as set forth in division (F)
(C)
of
section 2953.32
2953.34
of
the Revised Code, access to which may not be afforded to any person
other than the person who has custody of the sealed official records.
The sealed official records to which such an index pertains shall not
be available to any person, except that the official records of a
case that have been sealed may be made available to the following
persons for the following purposes:
(1) To the person who is the subject of the records upon written application, and to any other person named in the application, for any purpose;
(2) To a law enforcement officer who was involved in the case, for use in the officer's defense of a civil action arising out of the officer's involvement in that case.
Sec. 2953.59. (A) Except as otherwise provided in Chapter 2950. of the Revised Code, upon the issuance of an order by a court under section 2953.57 of the Revised Code directing that all official records pertaining to a case be sealed and that the proceedings in the case be deemed not to have occurred:
(1)
Every law enforcement officer possessing records or reports
pertaining to the case that are the officer's specific investigatory
work product and that are excepted from the definition of "official
records" contained in section 2953.51
2953.31
of
the Revised Code shall immediately deliver the records and reports to
the officer's employing law enforcement agency. Except as provided in
division (A)(3) of this section, no such officer shall knowingly
release, disseminate, or otherwise make the records and reports or
any information contained in them available to, or discuss any
information contained in them with, any person not employed by the
officer's employing law enforcement agency.
(2)
Every law enforcement agency that possesses records or reports
pertaining to the case that are its specific investigatory work
product and that are excepted from the definition of "official
records" contained in section 2953.51
2953.31
of
the Revised Code, or that are the specific investigatory work product
of a law enforcement officer it employs and that were delivered to it
under division (A)(1) of this section shall, except as provided in
division (A)(3) of this section, close the records and reports to all
persons who are not directly employed by the law enforcement agency
and shall, except as provided in division (A)(3) of this section,
treat the records and reports, in relation to all persons other than
those who are directly employed by the law enforcement agency, as if
they did not exist and had never existed. Except as provided in
division (A)(3) of this section, no person who is employed by the law
enforcement agency shall knowingly release, disseminate, or otherwise
make the records and reports in the possession of the employing law
enforcement agency or any information contained in them available to,
or discuss any information contained in them with, any person not
employed by the employing law enforcement agency.
(3)
A law enforcement agency that possesses records or reports pertaining
to the case that are its specific investigatory work product and that
are excepted from the definition of "official records"
contained in division (D)
(C)
of
section 2953.51
2953.31
of
the Revised Code, or that are the specific investigatory work product
of a law enforcement officer it employs and that were delivered to it
under division (A)(1) of this section may permit another law
enforcement agency to use the records or reports in the investigation
of another offense, if the facts incident to the offense being
investigated by the other law enforcement agency and the facts
incident to an offense that is the subject of the case are reasonably
similar and if all references to the name or identifying information
of the person whose records were sealed are redacted from the records
or reports. The agency that provides the records and reports may not
provide the other agency with the name of the person who is the
subject of the case the records of which were sealed.
(B) Whoever violates division (A)(1), (2), or (3) of this section is guilty of divulging confidential information, a misdemeanor of the fourth degree.
Sec.
2953.61. (A)
Except as provided in division (B)(1) of this section, a person
charged with two or more offenses as a result of or in connection
with the same act may not apply to the court pursuant to section
2953.32
or
2953.52,
2953.33, or 2953.521 of
the Revised Code for the sealing or
expungement of
the person's record in relation to any of the charges when at least
one of the charges has a final disposition that is different from the
final disposition of the other charges until such time as the person
would be able to apply to the court and have all of the records
pertaining to all of those charges sealed or
expunged pursuant
to section 2953.32
or
2953.52,
2953.33, or 2953.521 of
the Revised Code.
(B)(1)
When a person is charged with two or more offenses as a result of or
in connection with the same act and the final disposition of one, and
only one, of the charges is a conviction under any section of Chapter
4507., 4510., 4511., or 4549., other than section 4511.19 or 4511.194
of the Revised Code, or under a municipal ordinance that is
substantially similar to any section other than section 4511.19 or
4511.194 of the Revised Code contained in any of those chapters, and
if the records pertaining to all the other charges would be eligible
for sealing or
expungement under
section 2953.52
2953.33
or 2953.521 of
the Revised Code in the absence of that conviction, the court may
order that the records pertaining to all the charges be sealed
or
expunged.
In such a case, the court shall not order that only a portion of the
records be sealed
or
expunged.
(2) Division (B)(1) of this section does not apply if the person convicted of the offenses currently holds a commercial driver's license or commercial driver's license temporary instruction permit.
Sec. 2967.04. (A) A pardon or commutation may be granted upon such conditions precedent or subsequent as the governor may impose, which conditions shall be stated in the warrant. Such pardon or commutation shall not take effect until the conditions so imposed are accepted by the convict or prisoner so pardoned or having a sentence commuted, and the convict's or prisoner's acceptance is indorsed upon the warrant, signed by the prisoner or convict, and attested by one witness. Such witness shall go before the clerk of the court of common pleas in whose office the sentence is recorded and prove the signature of the convict. The clerk shall thereupon record the warrant, indorsement, and proof in the journal of the court, which record, or a duly certified transcript thereof, shall be evidence of such pardon or commutation, the conditions thereof, and the acceptance of the conditions.
(B) An unconditional pardon relieves the person to whom it is granted of all disabilities arising out of the conviction or convictions from which it is granted. For purposes of this section, "unconditional pardon" includes a conditional pardon with respect to which all conditions have been performed or have transpired.
(C)
In the case of an unconditional pardon, the governor may include as a
condition of the pardon that records related to the conviction be
sealed or
expunged as
if the records are related to an offense that is eligible to be
sealed
or
expunged.
The governor may issue a writ for the records related to the pardoned
conviction or convictions to be sealed
or
expunged.
However, such a writ shall not seal or
expunge the
records required to be kept under division (E) of section 107.10 of
the Revised Code and shall not have any impact on the governor's
office or on reports required to be made under law. Other than the
records required to be kept under division (E) of section 107.10 of
the Revised Code, no records of the governor's office related to a
pardon that have been sealed or
expunged under
this division are subject to public inspection unless directed by the
governor. Inspection of the records or disclosure of information
contained in the records may be made pursuant to division (D)
(A)
of
section 2953.32
2953.34
of
the Revised Code or as the governor may direct. A disclosure of
records sealed or
expunged under
a writ issued by the governor is not a criminal offense.
Sec. 2967.132. (A) As used in this section:
(1) "Aggravated homicide offense" means any of the following that involved the purposeful killing of three or more persons, when the offender is the principal offender in each offense:
(a) Aggravated murder;
(b) Any other offense or combination of offenses that involved the purposeful killing of three or more persons.
(2) "Homicide offense" means a violation of section 2903.02, 2903.03, 2903.04, or 2903.041 of the Revised Code or a violation of section 2903.01 of the Revised Code that is not an aggravated homicide offense.
(B) This section applies to any prisoner serving a prison sentence for one or more offenses committed when the prisoner was under eighteen years of age. Regardless of whether the prisoner's stated prison term includes mandatory time, this section shall apply automatically and cannot be limited by the sentencing court.
(C) Notwithstanding any provision of the Revised Code to the contrary, and regardless of when the offense or offenses were committed and when the sentence was imposed, a prisoner who is serving a prison sentence for an offense other than an aggravated homicide offense and who was under eighteen years of age at the time of the offense, or who is serving consecutive prison sentences for multiple offenses none of which is an aggravated homicide offense and who was under eighteen years of age at the time of the offenses, is eligible for parole as follows:
(1) Except as provided in division (C)(2) or (3) of this section, the prisoner is eligible for parole after serving eighteen years in prison.
(2) Except as provided in division (C)(3) or (4) of this section, if the prisoner is serving a sentence for one or more homicide offenses, none of which are an aggravated homicide offense, the prisoner is eligible for parole after serving twenty-five years in prison.
(3) Except as provided in division (C)(4) of this section, if the prisoner is serving a sentence for two or more homicide offenses, none of which are an aggravated homicide offense, and the offender was the principal offender in two or more of those offenses, the prisoner is eligible for parole after serving thirty years in prison.
(4) If the prisoner is serving a sentence for one or more offenses and the sentence permits parole earlier than the parole eligibility date specified in division (C)(1), (2), or (3) of this section, the prisoner is eligible for parole after serving the period of time in prison that is specified in the sentence.
(D) If the prisoner is serving a sentence for an aggravated homicide offense, or for a violation of section 2909.24 of the Revised Code when the most serious underlying specified offense the defendant committed in the violation was aggravated murder or murder, the prisoner is not eligible for parole review other than in accordance with the sentence imposed for the offense.
(E)(1) Once a prisoner is eligible for parole pursuant to division (C) or (D) of this section, the parole board, within a reasonable time after the prisoner becomes eligible, shall conduct a hearing to consider the prisoner's release on parole under parole supervision. The board shall conduct the hearing in accordance with Chapters 2930., 2967., and 5149. of the Revised Code and in accordance with the board's policies and procedures. Those policies and procedures must permit the prisoner's privately retained counsel or the state public defender to appear at the prisoner's hearing to make a statement in support of the prisoner's release.
(2) The parole board shall ensure that the review process provides the prisoner a meaningful opportunity to obtain release. In addition to any other factors the board is required or authorized to consider by rule or statute, the board shall consider the following factors as mitigating factors:
(a) The chronological age of the prisoner at the time of the offense and that age's hallmark features, including intellectual capacity, immaturity, impetuosity, and a failure to appreciate risks and consequences;
(b) The family and home environment of the prisoner at the time of the offense, the prisoner's inability to control the prisoner's surroundings, a history of trauma regarding the prisoner, and the prisoner's school and special education history;
(c) The circumstances of the offense, including the extent of the prisoner's participation in the conduct and the way familial and peer pressures may have impacted the prisoner's conduct;
(d) Whether the prisoner might have been charged and convicted of a lesser offense if not for the incompetencies associated with youth such as the prisoner's inability to deal with police officers and prosecutors during the prisoner's interrogation or possible plea agreement, or the prisoner's inability to assist the prisoner's own attorney;
(e) Examples of the prisoner's rehabilitation, including any subsequent growth or increase in maturity during imprisonment.
(F) In accordance with section 2967.131 of the Revised Code, the parole board shall impose appropriate terms and conditions of release upon each prisoner granted a parole under this section.
(G) If the parole board denies release on parole pursuant to this section, the board shall conduct a subsequent release review not later than five years after release was denied.
(H) In addition to any notice required by rule or statute, the parole board shall notify the state public defender, the victim, and the appropriate prosecuting attorney of a prisoner's eligibility for review under this section at least sixty days before the board begins any review or proceedings involving that prisoner under this section.
(I)(I)(1)
This
section shall apply to determine the parole eligibility of all
prisoners described in this section who committed an offense prior
to, on, or after
the
effective date of this section
April
12, 2021,
regardless of when the prisoner committed or was sentenced for the
offense and, for purposes of this section, a prisoner is "serving"
a prison sentence for an offense if on or after
the
effective date of this section
April
12, 2021,
the prisoner is serving a prison sentence for that offense,
regardless of when the sentence was imposed or the offense was
committed.
(2) The provisions of this section do not apply to an offender who is paroled on an offense committed when the offender was under eighteen years of age who subsequently returns to prison for a violation of parole committed as an adult or for a new felony conviction committed as an adult.
Sec. 2967.193. (A)(1) Except as provided in division (C) of this section and subject to the maximum aggregate total specified in division (A)(3) of this section, a person confined in a state correctional institution or placed in the substance use disorder treatment program may provisionally earn one day or five days of credit, based on the category set forth in division (D)(1), (2), (3), (4), or (5) of this section in which the person is included, toward satisfaction of the person's stated prison term, as described in division (F) of this section, for each completed month during which the person, if confined in a state correctional institution, productively participates in an education program, vocational training, employment in prison industries, treatment for substance abuse, or any other constructive program developed by the department with specific standards for performance by prisoners or during which the person, if placed in the substance use disorder treatment program, productively participates in the program. Except as provided in division (C) of this section and subject to the maximum aggregate total specified in division (A)(3) of this section, a person so confined in a state correctional institution who successfully completes two programs or activities of that type may, in addition, provisionally earn up to five days of credit toward satisfaction of the person's stated prison term, as described in division (F) of this section, for the successful completion of the second program or activity. The person shall not be awarded any provisional days of credit for the successful completion of the first program or activity or for the successful completion of any program or activity that is completed after the second program or activity. At the end of each calendar month in which a person productively participates in a program or activity listed in this division or successfully completes a program or activity listed in this division, the department of rehabilitation and correction shall determine and record the total number of days credit that the person provisionally earned in that calendar month. If the person in a state correctional institution violates prison rules or the person in the substance use disorder treatment program violates program or department rules, the department may deny the person a credit that otherwise could have been provisionally awarded to the person or may withdraw one or more credits previously provisionally earned by the person. Days of credit provisionally earned by a person shall be finalized and awarded by the department subject to administrative review by the department of the person's conduct.
(2) Unless a person is serving a mandatory prison term or a prison term for an offense of violence or a sexually oriented offense, and notwithstanding the maximum aggregate total specified in division (A)(3) of this section, a person who successfully completes any of the following shall earn ninety days of credit toward satisfaction of the person's stated prison term or a ten per cent reduction of the person's stated prison term, whichever is less:
(a) An Ohio high school diploma or Ohio certificate of high school equivalence certified by the Ohio central school system;
(b) A therapeutic drug community program;
(c) All three phases of the department of rehabilitation and correction's intensive outpatient drug treatment program;
(d) A career technical vocational school program;
(e) A college certification program;
(f) The criteria for a certificate of achievement and employability as specified in division (A)(1) of section 2961.22 of the Revised Code.
(3)
Except for persons described in division (A)(2) of this section, the
aggregate days of credit provisionally earned by a person for program
or activity participation and program and activity completion under
this section and the aggregate days of credit finally credited to a
person under this section shall not exceed eight
fifteen
per
cent of the total number of days in the person's stated prison term.
(B) The department of rehabilitation and correction shall adopt rules that specify the programs or activities for which credit may be earned under this section, the criteria for determining productive participation in, or completion of, the programs or activities and the criteria for awarding credit, including criteria for awarding additional credit for successful program or activity completion, and the criteria for denying or withdrawing previously provisionally earned credit as a result of a violation of prison rules, or program or department rules, whichever is applicable.
(C) No person confined in a state correctional institution or placed in a substance use disorder treatment program to whom any of the following applies shall be awarded any days of credit under division (A) of this section:
(1) The person is serving a prison term that section 2929.13 or section 2929.14 of the Revised Code specifies cannot be reduced pursuant to this section or this chapter or is serving a sentence for which section 2967.13 or division (B) of section 2929.143 of the Revised Code specifies that the person is not entitled to any earned credit under this section.
(2) The person is sentenced to death or is serving a prison term or a term of life imprisonment for aggravated murder, murder, or a conspiracy or attempt to commit, or complicity in committing, aggravated murder or murder.
(3) The person is serving a sentence of life imprisonment without parole imposed pursuant to section 2929.03 or 2929.06 of the Revised Code, a prison term or a term of life imprisonment without parole imposed pursuant to section 2971.03 of the Revised Code, or a sentence for a sexually oriented offense that was committed on or after September 30, 2011.
(D) This division does not apply to a determination of whether a person confined in a state correctional institution or placed in a substance use disorder treatment program may earn any days of credit under division (A) of this section for successful completion of a second program or activity. The determination of whether a person confined in a state correctional institution may earn one day of credit or five days of credit under division (A) of this section for each completed month during which the person productively participates in a program or activity specified under that division shall be made in accordance with the following:
(1) The offender may earn one day of credit under division (A) of this section, except as provided in division (C) of this section, if the most serious offense for which the offender is confined is any of the following that is a felony of the first or second degree:
(a)
A violation of division (A) of section 2903.04 or of section 2903.03,
2903.11, 2903.15, 2905.01, 2907.24, 2907.25, 2909.02, 2909.09,
2909.10,
2909.101, 2909.26,
2909.27, 2909.29, 2911.01, 2911.02, 2911.11,
2911.12, 2911.03,
2911.04, 2919.13,
2919.15, 2919.151, 2919.22, 2921.34, 2923.01, 2923.131, 2923.162,
2923.32, or
2925.24,
divisions
(A)(3) or (B)(1) to (3) of section 2909.09, or
2927.24
division
(B) of section 2909.22 of
the Revised Code;
(b) A conspiracy or attempt to commit, or complicity in committing, any other offense for which the maximum penalty is imprisonment for life or any offense listed in division (D)(1)(a) of this section.
(2) The offender may earn one day of credit under division (A) of this section, except as provided in division (C) of this section, if the offender is serving a stated prison term that includes a prison term imposed for a sexually oriented offense that the offender committed prior to September 30, 2011.
(3) The offender may earn one day of credit under division (A) of this section, except as provided in division (C) of this section, if the offender is serving a stated prison term that includes a prison term imposed for a felony other than carrying a concealed weapon an essential element of which is any conduct or failure to act expressly involving any deadly weapon or dangerous ordnance.
(4) Except as provided in division (C) of this section, if the most serious offense for which the offender is confined is a felony of the first or second degree and divisions (D)(1), (2), and (3) of this section do not apply to the offender, the offender may earn one day of credit under division (A) of this section if the offender committed that offense prior to September 30, 2011, and the offender may earn five days of credit under division (A) of this section if the offender committed that offense on or after September 30, 2011.
(5) Except as provided in division (C) of this section, if the most serious offense for which the offender is confined is a felony of the third, fourth, or fifth degree or an unclassified felony and neither division (D)(2) nor (3) of this section applies to the offender, the offender may earn one day of credit under division (A) of this section if the offender committed that offense prior to September 30, 2011, and the offender may earn five days of credit under division (A) of this section if the offender committed that offense on or after September 30, 2011.
(E) The department annually shall seek and consider the written feedback of the Ohio prosecuting attorneys association, the Ohio judicial conference, the Ohio public defender, the Ohio association of criminal defense lawyers, and other organizations and associations that have an interest in the operation of the corrections system and the earned credits program under this section as part of its evaluation of the program and in determining whether to modify the program.
(F) Days of credit awarded under this section shall be applied toward satisfaction of a person's stated prison term as follows:
(1) Toward the definite prison term of a prisoner serving a definite prison term as a stated prison term;
(2)
Toward the minimum and maximum terms of a prisoner serving an
indefinite prison term imposed under division (A)(1)(a) or (2)(a) of
section 2929.14 of the Revised Code for a felony of the first or
second degree committed on or after
the
effective date of this amendment
March
22, 2019.
(G) As used in this section:
(1) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised Code.
(2) "Substance use disorder treatment program" means the substance use disorder treatment program established by the department of rehabilitation and correction under section 5120.035 of the Revised Code.
Sec. 2967.26. (A)(1) The department of rehabilitation and correction, by rule, may establish a transitional control program for the purpose of closely monitoring a prisoner's adjustment to community supervision during the final one hundred eighty days of the prisoner's confinement. If the department establishes a transitional control program under this division, the division of parole and community services of the department of rehabilitation and correction may transfer eligible prisoners to transitional control status under the program during the final one hundred eighty days of their confinement and under the terms and conditions established by the department, shall provide for the confinement as provided in this division of each eligible prisoner so transferred, and shall supervise each eligible prisoner so transferred in one or more community control sanctions. Each eligible prisoner who is transferred to transitional control status under the program shall be confined in a suitable facility that is licensed pursuant to division (C) of section 2967.14 of the Revised Code, or shall be confined in a residence the department has approved for this purpose and be monitored pursuant to an electronic monitoring device, as defined in section 2929.01 of the Revised Code. If the department establishes a transitional control program under this division, the rules establishing the program shall include criteria that define which prisoners are eligible for the program, criteria that must be satisfied to be approved as a residence that may be used for confinement under the program of a prisoner that is transferred to it and procedures for the department to approve residences that satisfy those criteria, and provisions of the type described in division (C) of this section. At a minimum, the criteria that define which prisoners are eligible for the program shall provide all of the following:
(a) That a prisoner is eligible for the program if the prisoner is serving a prison term or term of imprisonment for an offense committed prior to March 17, 1998, and if, at the time at which eligibility is being determined, the prisoner would have been eligible for a furlough under this section as it existed immediately prior to March 17, 1998, or would have been eligible for conditional release under former section 2967.23 of the Revised Code as that section existed immediately prior to March 17, 1998;
(b) That no prisoner who is serving a mandatory prison term is eligible for the program until after expiration of the mandatory term;
(c) That no prisoner who is serving a prison term or term of life imprisonment without parole imposed pursuant to section 2971.03 of the Revised Code is eligible for the program.
(2)
At least sixty days prior to transferring to transitional control
under this section a prisoner who is serving a definite term of
imprisonment or definite prison term of two years or less for an
offense committed on or after July 1, 1996, or who is serving a
minimum term of two years or less under a non-life felony indefinite
prison term, the division of parole and community services of the
department of rehabilitation and correction shall give notice of the
pendency of the transfer to transitional control to the court of
common pleas of the county in which the indictment against the
prisoner was found and of the fact that the court may disapprove the
transfer of the prisoner to transitional control and shall include
the institutional summary report prepared by the head of the state
correctional institution in which the prisoner is confined. The head
of the state correctional institution in which the prisoner is
confined, upon the request of the division of parole and community
services, shall provide to the division for inclusion in the notice
sent to the court under this division an institutional summary report
on the prisoner's conduct in the institution and in any institution
from which the prisoner may have been transferred. The institutional
summary report shall cover the prisoner's participation in school,
vocational training, work, treatment, and other rehabilitative
activities and any disciplinary action taken against the prisoner. If
the court disapproves of the transfer of the prisoner to transitional
control, the court shall notify the division of the disapproval
within thirty days after receipt of the notice. If the court timely
disapproves the transfer of the prisoner to transitional control, the
division shall not proceed with the transfer. If the court does not
timely disapprove the transfer of the prisoner to transitional
control, the division may transfer the prisoner to transitional
control.
(3)(a)
(2)(a)
If
the victim of an offense for which a prisoner was sentenced to a
prison term or term of imprisonment has requested notification under
section 2930.16 of the Revised Code and has provided the department
of rehabilitation and correction with the victim's name and address
or if division (A)(3)(b)
(A)(2)(b)
of
this section applies, the division of parole and community services,
at least sixty days prior to transferring the prisoner to
transitional control pursuant to this section, shall notify the
victim of the pendency of the transfer and of the victim's right to
submit a statement to the division regarding the impact of the
transfer of the prisoner to transitional control. If the victim
subsequently submits a statement of that nature to the division, the
division shall consider the statement in deciding whether to transfer
the prisoner to transitional control.
(b)
If a prisoner is incarcerated for the commission of aggravated
murder, murder, or an offense of violence that is a felony of the
first, second, or third degree or under a sentence of life
imprisonment, except as otherwise provided in this division, the
notice described in division (A)(3)(a)
(A)(2)(a)
of
this section shall be given regardless of whether the victim has
requested the notification. The notice described in division
(A)(3)(a)
(A)(2)(a)
of
this section shall not be given under this division to a victim if
the victim has requested pursuant to division (B)(2) of section
2930.03 of the Revised Code that the victim not be provided the
notice. If notice is to be provided to a victim under this division,
the authority may give the notice by any reasonable means, including
regular mail, telephone, and electronic mail, in accordance with
division (D)(1) of section 2930.16 of the Revised Code. If the notice
is based on an offense committed prior to March 22, 2013, the notice
also shall include the opt-out information described in division
(D)(1) of section 2930.16 of the Revised Code. The authority, in
accordance with division (D)(2) of section 2930.16 of the Revised
Code, shall keep a record of all attempts to provide the notice, and
of all notices provided, under this division.
Division
(A)(3)(b)
(A)(2)(b)
of
this section, and the notice-related provisions of divisions (E)(2)
and (K) of section 2929.20, division (D)(1) of section 2930.16,
division (H) of section 2967.12, division (E)(1)(b) of section
2967.19
as
it existed prior to the effective date of this amendment,
division (D)(1) of section 2967.28, and division (A)(2) of section
5149.101 of the Revised Code enacted in the act in which division
(A)(3)(b)
(A)(2)(b)
of
this section was enacted, shall be known as "Roberta's Law."
(4)
(3)
The
department of rehabilitation and correction, at least sixty days
prior to transferring a prisoner to transitional control pursuant to
this section, shall post on the database it maintains pursuant to
section 5120.66 of the Revised Code the prisoner's name and all of
the information specified in division (A)(1)(c)(iv) of that section.
In addition to and independent of the right of a victim to submit a
statement as described in division (A)(3)
(A)(2)
of
this section or to otherwise make a statement and in addition to and
independent of any other right or duty of a person to present
information or make a statement, any person may send to the division
of parole and community services at any time prior to the division's
transfer of the prisoner to transitional control a written statement
regarding the transfer of the prisoner to transitional control. In
addition to the information, reports, and statements it considers
under divisions
division
(A)(2)
and
(3) of
this section or that it otherwise considers, the division shall
consider each statement submitted in accordance with this division in
deciding whether to transfer the prisoner to transitional control.
(B) Each prisoner transferred to transitional control under this section shall be confined in the manner described in division (A) of this section during any period of time that the prisoner is not actually working at the prisoner's approved employment, engaged in a vocational training or another educational program, engaged in another program designated by the director, or engaged in other activities approved by the department.
(C) The department of rehabilitation and correction shall adopt rules for transferring eligible prisoners to transitional control, supervising and confining prisoners so transferred, administering the transitional control program in accordance with this section, and using the moneys deposited into the transitional control fund established under division (E) of this section.
(D) The department of rehabilitation and correction may adopt rules for the issuance of passes for the limited purposes described in this division to prisoners who are transferred to transitional control under this section. If the department adopts rules of that nature, the rules shall govern the granting of the passes and shall provide for the supervision of prisoners who are temporarily released pursuant to one of those passes. Upon the adoption of rules under this division, the department may issue passes to prisoners who are transferred to transitional control status under this section in accordance with the rules and the provisions of this division. All passes issued under this division shall be for a maximum of forty-eight hours and may be issued only for the following purposes:
(1) To visit a relative in imminent danger of death;
(2) To have a private viewing of the body of a deceased relative;
(3) To visit with family;
(4) To otherwise aid in the rehabilitation of the prisoner.
(E) The division of parole and community services may require a prisoner who is transferred to transitional control to pay to the division the reasonable expenses incurred by the division in supervising or confining the prisoner while under transitional control. Inability to pay those reasonable expenses shall not be grounds for refusing to transfer an otherwise eligible prisoner to transitional control. Amounts received by the division of parole and community services under this division shall be deposited into the transitional control fund, which is hereby created in the state treasury and which hereby replaces and succeeds the furlough services fund that formerly existed in the state treasury. All moneys that remain in the furlough services fund on March 17, 1998, shall be transferred on that date to the transitional control fund. The transitional control fund shall be used solely to pay costs related to the operation of the transitional control program established under this section. The director of rehabilitation and correction shall adopt rules in accordance with section 111.15 of the Revised Code for the use of the fund.
(F) A prisoner who violates any rule established by the department of rehabilitation and correction under division (A), (C), or (D) of this section may be transferred to a state correctional institution pursuant to rules adopted under division (A), (C), or (D) of this section, but the prisoner shall receive credit towards completing the prisoner's sentence for the time spent under transitional control.
If a prisoner is transferred to transitional control under this section, upon successful completion of the period of transitional control, the prisoner may be released on parole or under post-release control pursuant to section 2967.13 or 2967.28 of the Revised Code and rules adopted by the department of rehabilitation and correction. If the prisoner is released under post-release control, the duration of the post-release control, the type of post-release control sanctions that may be imposed, the enforcement of the sanctions, and the treatment of prisoners who violate any sanction applicable to the prisoner are governed by section 2967.28 of the Revised Code.
Sec. 2967.271. (A) As used in this section:
(1) "Offender's minimum prison term" means the minimum prison term imposed on an offender under a non-life felony indefinite prison term, diminished as provided in section 2967.191 or 2967.193 of the Revised Code or in any other provision of the Revised Code, other than division (F) of this section, that provides for diminution or reduction of an offender's sentence.
(2) "Offender's presumptive earned early release date" means the date that is determined under the procedures described in division (F) of this section by the reduction, if any, of an offender's minimum prison term by the sentencing court and the crediting of that reduction toward the satisfaction of the minimum term.
(3) "Rehabilitative programs and activities" means education programs, vocational training, employment in prison industries, treatment for substance abuse, or other constructive programs developed by the department of rehabilitation and correction with specific standards for performance by prisoners.
(4) "Security level" means the security level in which an offender is classified under the inmate classification level system of the department of rehabilitation and correction that then is in effect.
(5) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised Code.
(B) When an offender is sentenced to a non-life felony indefinite prison term, there shall be a presumption that the person shall be released from service of the sentence on the expiration of the offender's minimum prison term or on the offender's presumptive earned early release date, whichever is earlier.
(C) The presumption established under division (B) of this section is a rebuttable presumption that the department of rehabilitation and correction may rebut as provided in this division. Unless the department rebuts the presumption, the offender shall be released from service of the sentence on the expiration of the offender's minimum prison term or on the offender's presumptive earned early release date, whichever is earlier. The department may rebut the presumption only if the department determines, at a hearing, that one or more of the following applies:
(1) Regardless of the security level in which the offender is classified at the time of the hearing, both of the following apply:
(a) During the offender's incarceration, the offender committed institutional rule infractions that involved compromising the security of a state correctional institution, compromising the safety of the staff of a state correctional institution or its inmates, or physical harm or the threat of physical harm to the staff of a state correctional institution or its inmates, or committed a violation of law that was not prosecuted, and the infractions or violations demonstrate that the offender has not been rehabilitated.
(b) The offender's behavior while incarcerated, including, but not limited to the infractions and violations specified in division (C)(1)(a) of this section, demonstrate that the offender continues to pose a threat to society.
(2) Regardless of the security level in which the offender is classified at the time of the hearing, the offender has been placed by the department in extended restrictive housing at any time within the year preceding the date of the hearing.
(3) At the time of the hearing, the offender is classified by the department as a security level three, four, or five, or at a higher security level.
(D)(1) If the department of rehabilitation and correction, pursuant to division (C) of this section, rebuts the presumption established under division (B) of this section, the department may maintain the offender's incarceration in a state correctional institution under the sentence after the expiration of the offender's minimum prison term or, for offenders who have a presumptive earned early release date, after the offender's presumptive earned early release date. The department may maintain the offender's incarceration under this division for an additional period of incarceration determined by the department. The additional period of incarceration shall be a reasonable period determined by the department, shall be specified by the department, and shall not exceed the offender's maximum prison term.
(2) If the department maintains an offender's incarceration for an additional period under division (D)(1) of this section, there shall be a presumption that the offender shall be released on the expiration of the offender's minimum prison term plus the additional period of incarceration specified by the department as provided under that division or, for offenders who have a presumptive earned early release date, on the expiration of the additional period of incarceration to be served after the offender's presumptive earned early release date that is specified by the department as provided under that division. The presumption is a rebuttable presumption that the department may rebut, but only if it conducts a hearing and makes the determinations specified in division (C) of this section, and if the department rebuts the presumption, it may maintain the offender's incarceration in a state correctional institution for an additional period determined as specified in division (D)(1) of this section. Unless the department rebuts the presumption at the hearing, the offender shall be released from service of the sentence on the expiration of the offender's minimum prison term plus the additional period of incarceration specified by the department or, for offenders who have a presumptive earned early release date, on the expiration of the additional period of incarceration to be served after the offender's presumptive earned early release date as specified by the department.
The provisions of this division regarding the establishment of a rebuttable presumption, the department's rebuttal of the presumption, and the department's maintenance of an offender's incarceration for an additional period of incarceration apply, and may be utilized more than one time, during the remainder of the offender's incarceration. If the offender has not been released under division (C) of this section or this division prior to the expiration of the offender's maximum prison term imposed as part of the offender's non-life felony indefinite prison term, the offender shall be released upon the expiration of that maximum term.
(E) The department shall provide notices of hearings to be conducted under division (C) or (D) of this section in the same manner, and to the same persons, as specified in section 2967.12 and Chapter 2930. of the Revised Code with respect to hearings to be conducted regarding the possible release on parole of an inmate.
(F)(1) The director of the department of rehabilitation and correction may notify the sentencing court in writing that the director is recommending that the court grant a reduction in the minimum prison term imposed on a specified offender who is serving a non-life felony indefinite prison term and who is eligible under division (F)(8) of this section for such a reduction, due to the offender's exceptional conduct while incarcerated or the offender's adjustment to incarceration. If the director wishes to recommend such a reduction for an offender, the director shall send the notice to the court not earlier than ninety days prior to the date on which the director wishes to credit the reduction toward the satisfaction of the offender's minimum prison term. If the director recommends such a reduction for an offender, there shall be a presumption that the court shall grant the recommended reduction to the offender. The presumption established under this division is a rebuttable presumption that may be rebutted as provided in division (F)(4) of this section.
The director shall include with the notice sent to a court under this division an institutional summary report that covers the offender's participation while confined in a state correctional institution in rehabilitative programs and activities and any disciplinary action taken against the offender while so confined, all relevant information that will enable the court to determine whether any factor specified in divisions (F)(4)(a) to (e) of this section applies with respect to the offender, if available, and any other documentation requested by the court, if available.
The notice the director sends to a court under this division shall do all of the following:
(a) Identify the offender;
(b) Specify the length of the recommended reduction, which shall be for five to fifteen per cent of the offender's minimum term determined in accordance with rules adopted by the department under division (F)(7) of this section;
(c) Specify the reason or reasons that qualify the offender for the recommended reduction;
(d) Inform the court of the rebuttable presumption and that the court must either approve or, if the court finds that the presumption has been rebutted, disapprove of the recommended reduction, and that if it approves of the recommended reduction, it must grant the reduction;
(e) Inform the court that it must notify the department of its decision as to approval or disapproval not later than sixty days after receipt of the notice from the director.
(2) When the director, under division (F)(1) of this section, submits a notice to a sentencing court that the director is recommending that the court grant a reduction in the minimum prison term imposed on an offender serving a non-life felony indefinite prison term, the department promptly shall provide to the prosecuting attorney of the county in which the offender was indicted a copy of the written notice, a copy of the institutional summary report described in that division, and any other information provided to the court.
(3) Upon receipt of a notice submitted by the director under division (F)(1) of this section, the court shall schedule a hearing to consider whether to grant the reduction in the minimum prison term imposed on the specified offender that was recommended by the director or to find that the presumption has been rebutted and disapprove the recommended reduction. Upon scheduling the hearing, the court promptly shall give notice of the hearing to the prosecuting attorney of the county in which the offender was indicted and to the department. The notice shall inform the prosecuting attorney that the prosecuting attorney may submit to the court, prior to the date of the hearing, written information relevant to the recommendation and may present at the hearing written information and oral information relevant to the recommendation.
Upon receipt of the notice from the court, the prosecuting attorney shall notify the victim of the offender or the victim's representative of the recommendation by the director, the date, time, and place of the hearing, the fact that the victim may submit to the court, prior to the date of the hearing, written information relevant to the recommendation, and the address and procedure for submitting the information.
(4) At the hearing scheduled under division (F)(3) of this section, the court shall afford the prosecuting attorney an opportunity to present written information and oral information relevant to the director's recommendation. In making its determination as to whether to grant or disapprove the reduction in the minimum prison term imposed on the specified offender that was recommended by the director, the court shall consider any report and other documentation submitted by the director, any information submitted by a victim, any information submitted or presented at the hearing by the prosecuting attorney, and all of the factors set forth in divisions (B) to (D) of section 2929.12 of the Revised Code that are relevant to the offender's offense and to the offender.
Unless the court, after considering at the hearing the specified reports, documentation, information, and relevant factors, finds that the presumption that the recommended reduction shall be granted has been rebutted and disapproves the recommended reduction, the court shall grant the recommended reduction. The court may disapprove the recommended reduction only if, after considering at the hearing the specified reports, documentation, information, and relevant factors, it finds that the presumption that the reduction shall be granted has been rebutted. The court may find that the presumption has been rebutted and disapprove the recommended reduction only if it determines at the hearing that one or more of the following applies:
(a) Regardless of the security level in which the offender is classified at the time of the hearing, during the offender's incarceration, the offender committed institutional rule infractions that involved compromising the security of a state correctional institution, compromising the safety of the staff of a state correctional institution or its inmates, or physical harm or the threat of physical harm to the staff of a state correctional institution or its inmates, or committed a violation of law that was not prosecuted, and the infractions or violations demonstrate that the offender has not been rehabilitated.
(b) The offender's behavior while incarcerated, including, but not limited to, the infractions and violations specified in division (F)(4)(a) of this section, demonstrates that the offender continues to pose a threat to society.
(c) At the time of the hearing, the offender is classified by the department as a security level three, four, or five, or at a higher security level.
(d) During the offender's incarceration, the offender did not productively participate in a majority of the rehabilitative programs and activities recommended by the department for the offender, or the offender participated in a majority of such recommended programs or activities but did not successfully complete a reasonable number of the programs or activities in which the offender participated.
(e) After release, the offender will not be residing in a halfway house, reentry center, or community residential center licensed under division (C) of section 2967.14 of the Revised Code and, after release, does not have any other place to reside at a fixed residence address.
(5) If the court pursuant to division (F)(4) of this section finds that the presumption that the recommended reduction in the offender's minimum prison term has been rebutted and disapproves the recommended reduction, the court shall notify the department of the disapproval not later than sixty days after receipt of the notice from the director. The court shall specify in the notification the reason or reasons for which it found that the presumption was rebutted and disapproved the recommended reduction. The court shall not reduce the offender's minimum prison term, and the department shall not credit the amount of the disapproved reduction toward satisfaction of the offender's minimum prison term.
If the court pursuant to division (F)(4) of this section grants the recommended reduction of the offender's minimum prison term, the court shall notify the department of the grant of the reduction not later than sixty days after receipt of the notice from the director, the court shall reduce the offender's minimum prison term in accordance with the recommendation submitted by the director, and the department shall credit the amount of the reduction toward satisfaction of the offender's minimum prison term.
Upon deciding whether to disapprove or grant the recommended reduction of the offender's minimum prison term, the court shall notify the prosecuting attorney of the decision and the prosecuting attorney shall notify the victim or victim's representative of the court's decision.
(6) If the court under division (F)(5) of this section grants the reduction in the minimum prison term imposed on an offender that was recommended by the director and reduces the offender's minimum prison term, the date determined by the department's crediting of the reduction toward satisfaction of the offender's minimum prison term is the offender's presumptive earned early release date.
(7) The department of rehabilitation and correction by rule shall specify both of the following for offenders serving a non-life felony indefinite prison term:
(a) The type of exceptional conduct while incarcerated and the type of adjustment to incarceration that will qualify an offender serving such a prison term for a reduction under divisions (F)(1) to (6) of this section of the minimum prison term imposed on the offender under the non-life felony indefinite prison term.
(b) The per cent of reduction that it may recommend for, and that may be granted to, an offender serving such a prison term under divisions (F)(1) to (6) of this section, based on the offense level of the offense for which the prison term was imposed, with the department specifying the offense levels used for purposes of this division and assigning a specific percentage reduction within the range of five to fifteen per cent for each such offense level.
(8) Divisions (F)(1) to (6) of this section do not apply with respect to an offender serving a non-life felony indefinite prison term for a sexually oriented offense, and no offender serving such a prison term for a sexually oriented offense is eligible to be recommended for or granted, or may be recommended for or granted, a reduction under those divisions in the offender's minimum prison term imposed under that non-life felony indefinite prison term.
(G) If an offender is sentenced to a non-life felony indefinite prison term, any reference in a section of the Revised Code to a definite prison term shall be construed as referring to the offender's minimum term under that sentence plus any additional period of time of incarceration specified by the department under division (D)(1) or (2) of this section, except to the extent otherwise specified in the section or to the extent that that construction clearly would be inappropriate.
Sec. 2971.03. (A) Notwithstanding divisions (A) and (D) of section 2929.14, section 2929.02, 2929.03, 2929.06, 2929.13, or another section of the Revised Code, other than divisions (B) and (C) of section 2929.14 of the Revised Code, that authorizes or requires a specified prison term or a mandatory prison term for a person who is convicted of or pleads guilty to a felony or that specifies the manner and place of service of a prison term or term of imprisonment, the court shall impose a sentence upon a person who is convicted of or pleads guilty to a violent sex offense and who also is convicted of or pleads guilty to a sexually violent predator specification that was included in the indictment, count in the indictment, or information charging that offense, and upon a person who is convicted of or pleads guilty to a designated homicide, assault, or kidnapping offense and also is convicted of or pleads guilty to both a sexual motivation specification and a sexually violent predator specification that were included in the indictment, count in the indictment, or information charging that offense, as follows:
(1) Except as provided in division (A)(5) of this section, if the offense for which the sentence is being imposed is aggravated murder and if the court does not impose upon the offender a sentence of death, it shall impose upon the offender a term of life imprisonment without parole. If the court sentences the offender to death and the sentence of death is vacated, overturned, or otherwise set aside, the court shall impose upon the offender a term of life imprisonment without parole.
(2) Except as provided in division (A)(5) of this section, if the offense for which the sentence is being imposed is murder; if the offense is aggravated rape; or if the offense is rape committed in violation of division (A)(1)(b) of section 2907.02 of the Revised Code when the offender purposely compelled the victim to submit by force or threat of force, when the victim was less than ten years of age, when the offender previously has been convicted of or pleaded guilty to either rape committed in violation of that division or a violation of an existing or former law of this state, another state, or the United States that is substantially similar to division (A)(1)(b) of section 2907.02 of the Revised Code, or when the offender during or immediately after the commission of the rape caused serious physical harm to the victim; or if the offense is an offense other than aggravated murder or murder for which a term of life imprisonment may be imposed, it shall impose upon the offender a term of life imprisonment without parole.
(3)(a) Except as otherwise provided in division (A)(3)(b), (c), (d), or (e) or (A)(4) of this section, if the offense for which the sentence is being imposed is an offense other than aggravated murder, murder, aggravated rape, or rape and other than an offense for which a term of life imprisonment may be imposed, it shall impose an indefinite prison term consisting of a minimum term fixed by the court as described in this division, but not less than two years, and a maximum term of life imprisonment. Except as otherwise specified in this division, the minimum term shall be fixed by the court from among the range of terms available as a definite term for the offense. If the offense is a felony of the first or second degree committed on or after March 22, 2019, the minimum term shall be fixed by the court from among the range of terms available as a minimum term for the offense under division (A)(1)(a) or (2)(a) of that section.
(b) Except as otherwise provided in division (A)(4) of this section, if the offense for which the sentence is being imposed is kidnapping that is a felony of the first degree, it shall impose an indefinite prison term as follows:
(i) If the kidnapping is committed on or after January 1, 2008, and the victim of the offense is less than thirteen years of age, except as otherwise provided in this division, it shall impose an indefinite prison term consisting of a minimum term of fifteen years and a maximum term of life imprisonment. If the kidnapping is committed on or after January 1, 2008, the victim of the offense is less than thirteen years of age, and the offender released the victim in a safe place unharmed, it shall impose an indefinite prison term consisting of a minimum term of ten years and a maximum term of life imprisonment.
(ii) If the kidnapping is committed prior to January 1, 2008, or division (A)(3)(b)(i) of this section does not apply, it shall impose an indefinite term consisting of a minimum term fixed by the court that is not less than ten years and a maximum term of life imprisonment.
(c) Except as otherwise provided in division (A)(4) of this section, if the offense for which the sentence is being imposed is kidnapping that is a felony of the second degree, it shall impose an indefinite prison term consisting of a minimum term fixed by the court that is not less than eight years, and a maximum term of life imprisonment.
(d) Except as otherwise provided in division (A)(4) of this section, if the offense for which the sentence is being imposed is rape for which a term of life imprisonment is not imposed under division (A)(2) of this section or division (B) of section 2907.02 of the Revised Code, it shall impose an indefinite prison term as follows:
(i) If the rape is committed on or after January 2, 2007, in violation of division (A)(1)(b) of section 2907.02 of the Revised Code, it shall impose an indefinite prison term consisting of a minimum term of twenty-five years and a maximum term of life imprisonment.
(ii) If the rape is committed prior to January 2, 2007, or the rape is committed on or after January 2, 2007, other than in violation of division (A)(1)(b) of section 2907.02 of the Revised Code, it shall impose an indefinite prison term consisting of a minimum term fixed by the court that is not less than ten years, and a maximum term of life imprisonment.
(e) Except as otherwise provided in division (A)(4) of this section, if the offense for which sentence is being imposed is attempted rape, it shall impose an indefinite prison term as follows:
(i) Except as otherwise provided in division (A)(3)(e)(ii), (iii), or (iv) of this section, it shall impose an indefinite prison term pursuant to division (A)(3)(a) of this section.
(ii) If the attempted rape for which sentence is being imposed was committed on or after January 2, 2007, and if the offender also is convicted of or pleads guilty to a specification of the type described in section 2941.1418 of the Revised Code, it shall impose an indefinite prison term consisting of a minimum term of five years and a maximum term of twenty-five years.
(iii) If the attempted rape for which sentence is being imposed was committed on or after January 2, 2007, and if the offender also is convicted of or pleads guilty to a specification of the type described in section 2941.1419 of the Revised Code, it shall impose an indefinite prison term consisting of a minimum term of ten years and a maximum of life imprisonment.
(iv) If the attempted rape for which sentence is being imposed was committed on or after January 2, 2007, and if the offender also is convicted of or pleads guilty to a specification of the type described in section 2941.1420 of the Revised Code, it shall impose an indefinite prison term consisting of a minimum term of fifteen years and a maximum of life imprisonment.
(4) Except as provided in division (A)(5) of this section, for any offense for which the sentence is being imposed, if the offender previously has been convicted of or pleaded guilty to a violent sex offense and also to a sexually violent predator specification that was included in the indictment, count in the indictment, or information charging that offense, or previously has been convicted of or pleaded guilty to a designated homicide, assault, or kidnapping offense and also to both a sexual motivation specification and a sexually violent predator specification that were included in the indictment, count in the indictment, or information charging that offense, it shall impose upon the offender a term of life imprisonment without parole.
(5) Notwithstanding divisions (A)(1), (2), and (4) of this section, the court shall not impose a sentence of life imprisonment without parole upon any person for an offense that was committed when the person was under eighteen years of age. In any case described in division (A)(1), (2), or (4) of this section, if the offense was committed when the person was under eighteen years of age, the court shall impose an indefinite prison term consisting of a minimum term of thirty years and a maximum term of life imprisonment.
(B)(1) Notwithstanding section 2929.13, division (A) or (D) of section 2929.14, or another section of the Revised Code other than division (B) of section 2907.02 or divisions (B) and (C) of section 2929.14 of the Revised Code that authorizes or requires a specified prison term or a mandatory prison term for a person who is convicted of or pleads guilty to a felony or that specifies the manner and place of service of a prison term or term of imprisonment, if a person is convicted of or pleads guilty to a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after January 2, 2007, if division (A) of this section does not apply regarding the person, and if the court does not impose a sentence of life without parole when authorized pursuant to division (B) of section 2907.02 of the Revised Code, the court shall impose upon the person an indefinite prison term consisting of one of the following:
(a) Except as otherwise required in division (B)(1)(b) or (c) of this section, a minimum term of ten years and a maximum term of life imprisonment.
(b) If the victim was less than ten years of age, a minimum term of fifteen years and a maximum of life imprisonment.
(c) If the offender purposely compels the victim to submit by force or threat of force, or if the offender previously has been convicted of or pleaded guilty to violating division (A)(1)(b) of section 2907.02 of the Revised Code or to violating an existing or former law of this state, another state, or the United States that is substantially similar to division (A)(1)(b) of that section, or if the offender during or immediately after the commission of the offense caused serious physical harm to the victim, a minimum term of twenty-five years and a maximum of life imprisonment.
(2) Notwithstanding section 2929.13, division (A) or (D) of section 2929.14, or another section of the Revised Code other than divisions (B) and (C) of section 2929.14 of the Revised Code that authorizes or requires a specified prison term or a mandatory prison term for a person who is convicted of or pleads guilty to a felony or that specifies the manner and place of service of a prison term or term of imprisonment and except as otherwise provided in division (B) of section 2907.02 of the Revised Code, if a person is convicted of or pleads guilty to attempted rape committed on or after January 2, 2007, and if division (A) of this section does not apply regarding the person, the court shall impose upon the person an indefinite prison term consisting of one of the following:
(a) If the person also is convicted of or pleads guilty to a specification of the type described in section 2941.1418 of the Revised Code, the court shall impose upon the person an indefinite prison term consisting of a minimum term of five years and a maximum term of twenty-five years.
(b) If the person also is convicted of or pleads guilty to a specification of the type described in section 2941.1419 of the Revised Code, the court shall impose upon the person an indefinite prison term consisting of a minimum term of ten years and a maximum term of life imprisonment.
(c) If the person also is convicted of or pleads guilty to a specification of the type described in section 2941.1420 of the Revised Code, the court shall impose upon the person an indefinite prison term consisting of a minimum term of fifteen years and a maximum term of life imprisonment.
(3) Notwithstanding section 2929.13, division (A) or (D) of section 2929.14, or another section of the Revised Code other than divisions (B) and (C) of section 2929.14 of the Revised Code that authorizes or requires a specified prison term or a mandatory prison term for a person who is convicted of or pleads guilty to a felony or that specifies the manner and place of service of a prison term or term of imprisonment, if a person is convicted of or pleads guilty to an offense described in division (B)(3)(a), (b), (c), or (d) of this section committed on or after January 1, 2008, if the person also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging that offense, and if division (A) of this section does not apply regarding the person, the court shall impose upon the person an indefinite prison term consisting of one of the following:
(a) An indefinite prison term consisting of a minimum of ten years and a maximum term of life imprisonment if the offense for which the sentence is being imposed is kidnapping, the victim of the offense is less than thirteen years of age, and the offender released the victim in a safe place unharmed;
(b) An indefinite prison term consisting of a minimum of fifteen years and a maximum term of life imprisonment if the offense for which the sentence is being imposed is kidnapping when the victim of the offense is less than thirteen years of age and division (B)(3)(a) of this section does not apply;
(c) An indefinite term consisting of a minimum of thirty years and a maximum term of life imprisonment if the offense for which the sentence is being imposed is aggravated murder, when the victim of the offense is less than thirteen years of age, a sentence of death or life imprisonment without parole is not imposed for the offense, and division (A)(2)(b)(ii) of section 2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1)(a)(iv) of section 2929.03, or division (A) or (B) of section 2929.06 of the Revised Code requires that the sentence for the offense be imposed pursuant to this division;
(d) An indefinite prison term consisting of a minimum of thirty years and a maximum term of life imprisonment if the offense for which the sentence is being imposed is murder when the victim of the offense is less than thirteen years of age.
(C)(1) If the offender is sentenced to a prison term pursuant to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of this section, the parole board shall have control over the offender's service of the term during the entire term unless the parole board terminates its control in accordance with section 2971.04 of the Revised Code.
(2) Except as provided in division (C)(3) or (G) of this section, an offender sentenced to a prison term or term of life imprisonment without parole pursuant to division (A) of this section shall serve the entire prison term or term of life imprisonment in a state correctional institution. The offender is not eligible for judicial release under section 2929.20 of the Revised Code.
(3) For a prison term imposed pursuant to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of this section, subject to the application of division (G) of this section, the court, in accordance with section 2971.05 of the Revised Code, may terminate the prison term or modify the requirement that the offender serve the entire term in a state correctional institution if all of the following apply:
(a) The offender has served at least the minimum term imposed as part of that prison term.
(b) The parole board, pursuant to section 2971.04 of the Revised Code, has terminated its control over the offender's service of that prison term.
(c) The court has held a hearing and found, by clear and convincing evidence, one of the following:
(i) In the case of termination of the prison term, that the offender is unlikely to commit a sexually violent offense in the future;
(ii) In the case of modification of the requirement, that the offender does not represent a substantial risk of physical harm to others.
(4) Except as provided in division (G) of this section, an offender who has been sentenced to a term of life imprisonment without parole pursuant to division (A)(1), (2), or (4) of this section shall not be released from the term of life imprisonment or be permitted to serve a portion of it in a place other than a state correctional institution.
(D) If a court sentences an offender to a prison term or term of life imprisonment without parole pursuant to division (A) of this section and the court also imposes on the offender one or more additional prison terms pursuant to division (B) of section 2929.14 of the Revised Code, all of the additional prison terms shall be served consecutively with, and prior to, the prison term or term of life imprisonment without parole imposed upon the offender pursuant to division (A) of this section.
(E) If the offender is convicted of or pleads guilty to two or more offenses for which a prison term or term of life imprisonment without parole is required to be imposed pursuant to division (A) of this section, divisions (A) to (D) of this section shall be applied for each offense. All minimum terms imposed upon the offender pursuant to division (A)(3) or (B) of this section for those offenses shall be aggregated and served consecutively, as if they were a single minimum term imposed under that division.
(F)(1) If an offender is convicted of or pleads guilty to a violent sex offense and also is convicted of or pleads guilty to a sexually violent predator specification that was included in the indictment, count in the indictment, or information charging that offense, or is convicted of or pleads guilty to a designated homicide, assault, or kidnapping offense and also is convicted of or pleads guilty to both a sexual motivation specification and a sexually violent predator specification that were included in the indictment, count in the indictment, or information charging that offense, the conviction of or plea of guilty to the offense and the sexually violent predator specification automatically classifies the offender as a tier III sex offender/child-victim offender for purposes of Chapter 2950. of the Revised Code.
(2) If an offender is convicted of or pleads guilty to committing on or after January 2, 2007, a violation of division (A)(1)(b) of section 2907.02 of the Revised Code and either the offender is sentenced under section 2971.03 of the Revised Code or a sentence of life without parole is imposed under division (B) of section 2907.02 of the Revised Code, the conviction of or plea of guilty to the offense automatically classifies the offender as a tier III sex offender/child-victim offender for purposes of Chapter 2950. of the Revised Code.
(3) If a person is convicted of or pleads guilty to committing on or after January 2, 2007, attempted rape and also is convicted of or pleads guilty to a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code, the conviction of or plea of guilty to the offense and the specification automatically classify the offender as a tier III sex offender/child-victim offender for purposes of Chapter 2950. of the Revised Code.
(4) If a person is convicted of or pleads guilty to one of the offenses described in division (B)(3)(a), (b), (c), or (d) of this section and a sexual motivation specification related to the offense and the victim of the offense is less than thirteen years of age, the conviction of or plea of guilty to the offense automatically classifies the offender as a tier III sex offender/child-victim offender for purposes of Chapter 2950. of the Revised Code.
(G) Notwithstanding divisions (A) to (E) of this section, if an offender receives or received a sentence of life imprisonment without parole, a definite sentence, or a sentence to an indefinite prison term under this chapter for an offense committed when the offender was under eighteen years of age, the offender is eligible for parole and the offender's parole eligibility shall be determined under section 2967.132 of the Revised Code.
Sec. 3107.01. As used in sections 3107.01 to 3107.19 of the Revised Code:
(A) "Agency" means any public or private organization certified, licensed, or otherwise specially empowered by law or rule to place minors for adoption.
(B) "Attorney" means a person who has been admitted to the bar by order of the Ohio supreme court.
(C) "Child" means a son or daughter, whether by birth or by adoption.
(D) "Court" means the probate courts of this state, and when the context requires, means the court of any other state empowered to grant petitions for adoption.
(E) "Foster caregiver" has the same meaning as in section 5103.02 of the Revised Code.
(F) "Identifying information" means any of the following with regard to a person: first name, last name, maiden name, alias, social security number, address, telephone number, place of employment, number used to identify the person for the purpose of the statewide education management information system established pursuant to section 3301.0714 of the Revised Code, and any other number federal or state law requires or permits to be used to identify the person.
(G) "Minor" means a person under the age of eighteen years.
(H) "Putative father" means a man, including one under age eighteen, who may be a child's father and to whom all of the following apply:
(1) He is not married to the child's mother at the time of the child's conception or birth;
(2) He has not adopted the child;
(3) He has not been determined, prior to the date a petition to adopt the child is filed, to have a parent and child relationship with the child by a court proceeding pursuant to sections 3111.01 to 3111.18 of the Revised Code, a court proceeding in another state, an administrative agency proceeding pursuant to sections 3111.38 to 3111.54 of the Revised Code, or an administrative agency proceeding in another state;
(4) He has not acknowledged paternity of the child pursuant to sections 3111.21 to 3111.35 of the Revised Code.
(I) "Rape" means a violation of section 2907.011 or 2907.02 of the Revised Code or similar law of another state.
Sec. 3113.31. (A) As used in this section:
(1) "Domestic violence" means any of the following:
(a) The occurrence of one or more of the following acts against a family or household member:
(i) Attempting to cause or recklessly causing bodily injury;
(ii)
Placing another person by the threat of force in fear of imminent
serious physical harm or committing a violation of section 2903.211
or 2911.211
division
(B) of section 2911.06 of
the Revised Code;
(iii) Committing any act with respect to a child that would result in the child being an abused child, as defined in section 2151.031 of the Revised Code;
(iv) Committing a sexually oriented offense.
(b) The occurrence of one or more of the acts identified in divisions (A)(1)(a)(i) to (iv) of this section against a person with whom the respondent is or was in a dating relationship.
(2) "Court" means the domestic relations division of the court of common pleas in counties that have a domestic relations division and the court of common pleas in counties that do not have a domestic relations division, or the juvenile division of the court of common pleas of the county in which the person to be protected by a protection order issued or a consent agreement approved under this section resides if the respondent is less than eighteen years of age.
(3) "Family or household member" means any of the following:
(a) Any of the following who is residing with or has resided with the respondent:
(i) A spouse, a person living as a spouse, or a former spouse of the respondent;
(ii) A parent, a foster parent, or a child of the respondent, or another person related by consanguinity or affinity to the respondent;
(iii) A parent or a child of a spouse, person living as a spouse, or former spouse of the respondent, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the respondent.
(b) The natural parent of any child of whom the respondent is the other natural parent or is the putative other natural parent.
(4) "Person living as a spouse" means a person who is living or has lived with the respondent in a common law marital relationship, who otherwise is cohabiting with the respondent, or who otherwise has cohabited with the respondent within five years prior to the date of the alleged occurrence of the act in question.
(5) "Victim advocate" means a person who provides support and assistance for a person who files a petition under this section.
(6) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised Code.
(7) "Companion animal" has the same meaning as in section 959.131 of the Revised Code.
(8) "Dating relationship" means a relationship between individuals who have, or have had, a relationship of a romantic or intimate nature. "Dating relationship" does not include a casual acquaintanceship or ordinary fraternization in a business or social context.
(9) "Person with whom the respondent is or was in a dating relationship" means an adult who, at the time of the conduct in question, is in a dating relationship with the respondent who also is an adult or who, within the twelve months preceding the conduct in question, has had a dating relationship with the respondent who also is an adult.
(B) The court has jurisdiction over all proceedings under this section. The petitioner's right to relief under this section is not affected by the petitioner's leaving the residence or household to avoid further domestic violence.
(C) A person may seek relief under this section on the person's own behalf, or any parent or adult household member may seek relief under this section on behalf of any other family or household member, by filing a petition with the court. The petition shall contain or state:
(1) An allegation that the respondent engaged in domestic violence against a family or household member of the respondent or against a person with whom the respondent is or was in a dating relationship, including a description of the nature and extent of the domestic violence;
(2) The relationship of the respondent to the petitioner, and to the victim if other than the petitioner;
(3) If the petition is for protection of a person with whom the respondent is or was in a dating relationship, the facts upon which the court may conclude that a dating relationship existed between the person to be protected and the respondent;
(4) A request for relief under this section.
(D)(1) If a person who files a petition pursuant to this section requests an ex parte order, the court shall hold an ex parte hearing on the same day that the petition is filed. The court, for good cause shown at the ex parte hearing, may enter any temporary orders, with or without bond, including, but not limited to, an order described in division (E)(1)(a), (b), or (c) of this section, that the court finds necessary to protect the family or household member or the person with whom the respondent is or was in a dating relationship from domestic violence. Immediate and present danger of domestic violence to the family or household member or to the person with whom the respondent is or was in a dating relationship constitutes good cause for purposes of this section. Immediate and present danger includes, but is not limited to, situations in which the respondent has threatened the family or household member or person with whom the respondent is or was in a dating relationship with bodily harm, in which the respondent has threatened the family or household member or person with whom the respondent is or was in a dating relationship with a sexually oriented offense, or in which the respondent previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for an offense that constitutes domestic violence against the family or household member or person with whom the respondent is or was in a dating relationship.
(2)(a) If the court, after an ex parte hearing, issues an order described in division (E)(1)(b) or (c) of this section, the court shall schedule a full hearing for a date that is within seven court days after the ex parte hearing. If any other type of protection order that is authorized under division (E) of this section is issued by the court after an ex parte hearing, the court shall schedule a full hearing for a date that is within ten court days after the ex parte hearing. The court shall give the respondent notice of, and an opportunity to be heard at, the full hearing. The court shall hold the full hearing on the date scheduled under this division unless the court grants a continuance of the hearing in accordance with this division. Under any of the following circumstances or for any of the following reasons, the court may grant a continuance of the full hearing to a reasonable time determined by the court:
(i) Prior to the date scheduled for the full hearing under this division, the respondent has not been served with the petition filed pursuant to this section and notice of the full hearing.
(ii) The parties consent to the continuance.
(iii)
The continuance is needed to allow a party
respondent
to
obtain counsel.
(iv)
The continuance is needed for other good cause.
(b) An ex parte order issued under this section does not expire because of a failure to serve notice of the full hearing upon the respondent before the date set for the full hearing under division (D)(2)(a) of this section or because the court grants a continuance under that division.
(3) If a person who files a petition pursuant to this section does not request an ex parte order, or if a person requests an ex parte order but the court does not issue an ex parte order after an ex parte hearing, the court shall proceed as in a normal civil action and grant a full hearing on the matter.
(E)(1) After an ex parte or full hearing, the court may grant any protection order, with or without bond, or approve any consent agreement to bring about a cessation of domestic violence against the family or household members or persons with whom the respondent is or was in a dating relationship. The order or agreement may:
(a) Direct the respondent to refrain from abusing or from committing sexually oriented offenses against the family or household members or persons with whom the respondent is or was in a dating relationship;
(b) With respect to a petition involving family or household members, grant possession of the residence or household to the petitioner or other family or household member, to the exclusion of the respondent, by evicting the respondent, when the residence or household is owned or leased solely by the petitioner or other family or household member, or by ordering the respondent to vacate the premises, when the residence or household is jointly owned or leased by the respondent, and the petitioner or other family or household member;
(c) With respect to a petition involving family or household members, when the respondent has a duty to support the petitioner or other family or household member living in the residence or household and the respondent is the sole owner or lessee of the residence or household, grant possession of the residence or household to the petitioner or other family or household member, to the exclusion of the respondent, by ordering the respondent to vacate the premises, or, in the case of a consent agreement, allow the respondent to provide suitable, alternative housing;
(d) With respect to a petition involving family or household members, temporarily allocate parental rights and responsibilities for the care of, or establish temporary parenting time rights with regard to, minor children, if no other court has determined, or is determining, the allocation of parental rights and responsibilities for the minor children or parenting time rights;
(e) With respect to a petition involving family or household members, require the respondent to maintain support, if the respondent customarily provides for or contributes to the support of the family or household member, or if the respondent has a duty to support the petitioner or family or household member;
(f) Require the respondent, petitioner, victim of domestic violence, or any combination of those persons, to seek counseling;
(g) Require the respondent to refrain from entering the residence, school, business, or place of employment of the petitioner or, with respect to a petition involving family or household members, a family or household member;
(h) Grant other relief that the court considers equitable and fair, including, but not limited to, ordering the respondent to permit the use of a motor vehicle by the petitioner or, with respect to a petition involving family or household members, other family or household members and the apportionment of household and family personal property;
(i) Require that the respondent not remove, damage, hide, harm, or dispose of any companion animal owned or possessed by the petitioner;
(j) Authorize the petitioner to remove a companion animal owned by the petitioner from the possession of the respondent;
(k) Require a wireless service transfer in accordance with sections 3113.45 to 3113.459 of the Revised Code.
(2) If a protection order has been issued pursuant to this section in a prior action involving the respondent and the petitioner or, with respect to a petition involving family or household members, one or more of the family or household members or victims, the court may include in a protection order that it issues a prohibition against the respondent returning to the residence or household. If it includes a prohibition against the respondent returning to the residence or household in the order, it also shall include in the order provisions of the type described in division (E)(7) of this section. This division does not preclude the court from including in a protection order or consent agreement, in circumstances other than those described in this division, a requirement that the respondent be evicted from or vacate the residence or household or refrain from entering the residence, school, business, or place of employment of the petitioner or, with respect to a petition involving family or household members, a family or household member, and, if the court includes any requirement of that type in an order or agreement, the court also shall include in the order provisions of the type described in division (E)(7) of this section.
(3)(a) Any protection order issued or consent agreement approved under this section shall be valid until a date certain, but not later than five years from the date of its issuance or approval, or not later than the date a respondent who is less than eighteen years of age attains nineteen years of age, unless modified or terminated as provided in division (E)(8) of this section.
(b) With respect to an order involving family or household members, subject to the limitation on the duration of an order or agreement set forth in division (E)(3)(a) of this section, any order under division (E)(1)(d) of this section shall terminate on the date that a court in an action for divorce, dissolution of marriage, or legal separation brought by the petitioner or respondent issues an order allocating parental rights and responsibilities for the care of children or on the date that a juvenile court in an action brought by the petitioner or respondent issues an order awarding legal custody of minor children. Subject to the limitation on the duration of an order or agreement set forth in division (E)(3)(a) of this section, any order under division (E)(1)(e) of this section shall terminate on the date that a court in an action for divorce, dissolution of marriage, or legal separation brought by the petitioner or respondent issues a support order or on the date that a juvenile court in an action brought by the petitioner or respondent issues a support order.
(c) Any protection order issued or consent agreement approved pursuant to this section may be renewed in the same manner as the original order or agreement was issued or approved.
(4) A court may not issue a protection order that requires a petitioner to do or to refrain from doing an act that the court may require a respondent to do or to refrain from doing under division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this section unless all of the following apply:
(a) The respondent files a separate petition for a protection order in accordance with this section.
(b) The petitioner is served notice of the respondent's petition at least forty-eight hours before the court holds a hearing with respect to the respondent's petition, or the petitioner waives the right to receive this notice.
(c) If the petitioner has requested an ex parte order pursuant to division (D) of this section, the court does not delay any hearing required by that division beyond the time specified in that division in order to consolidate the hearing with a hearing on the petition filed by the respondent.
(d) After a full hearing at which the respondent presents evidence in support of the request for a protection order and the petitioner is afforded an opportunity to defend against that evidence, the court determines that the petitioner has committed an act of domestic violence or has violated a temporary protection order issued pursuant to section 2919.26 of the Revised Code, that both the petitioner and the respondent acted primarily as aggressors, and that neither the petitioner nor the respondent acted primarily in self-defense.
(5) No protection order issued or consent agreement approved under this section shall in any manner affect title to any real property.
(6)(a) With respect to an order involving family or household members, if a petitioner, or the child of a petitioner, who obtains a protection order or consent agreement pursuant to division (E)(1) of this section or a temporary protection order pursuant to section 2919.26 of the Revised Code and is the subject of a parenting time order issued pursuant to section 3109.051 or 3109.12 of the Revised Code or a visitation or companionship order issued pursuant to section 3109.051, 3109.11, or 3109.12 of the Revised Code or division (E)(1)(d) of this section granting parenting time rights to the respondent, the court may require the public children services agency of the county in which the court is located to provide supervision of the respondent's exercise of parenting time or visitation or companionship rights with respect to the child for a period not to exceed nine months, if the court makes the following findings of fact:
(i) The child is in danger from the respondent;
(ii) No other person or agency is available to provide the supervision.
(b) A court that requires an agency to provide supervision pursuant to division (E)(6)(a) of this section shall order the respondent to reimburse the agency for the cost of providing the supervision, if it determines that the respondent has sufficient income or resources to pay that cost.
(7)(a) If a protection order issued or consent agreement approved under this section includes a requirement that the respondent be evicted from or vacate the residence or household or refrain from entering the residence, school, business, or place of employment of the petitioner or, with respect to a petition involving family or household members, a family or household member, the order or agreement shall state clearly that the order or agreement cannot be waived or nullified by an invitation to the respondent from the petitioner or other family or household member to enter the residence, school, business, or place of employment or by the respondent's entry into one of those places otherwise upon the consent of the petitioner or other family or household member.
(b) Division (E)(7)(a) of this section does not limit any discretion of a court to determine that a respondent charged with a violation of section 2919.27 of the Revised Code, with a violation of a municipal ordinance substantially equivalent to that section, or with contempt of court, which charge is based on an alleged violation of a protection order issued or consent agreement approved under this section, did not commit the violation or was not in contempt of court.
(8)(a) The court may modify or terminate as provided in division (E)(8) of this section a protection order or consent agreement that was issued after a full hearing under this section. The court that issued the protection order or approved the consent agreement shall hear a motion for modification or termination of the protection order or consent agreement pursuant to division (E)(8) of this section.
(b) Either the petitioner or the respondent of the original protection order or consent agreement may bring a motion for modification or termination of a protection order or consent agreement that was issued or approved after a full hearing. The court shall require notice of the motion to be made as provided by the Rules of Civil Procedure. If the petitioner for the original protection order or consent agreement has requested that the petitioner's address be kept confidential, the court shall not disclose the address to the respondent of the original protection order or consent agreement or any other person, except as otherwise required by law. The moving party has the burden of proof to show, by a preponderance of the evidence, that modification or termination of the protection order or consent agreement is appropriate because either the protection order or consent agreement is no longer needed or because the terms of the original protection order or consent agreement are no longer appropriate.
(c) In considering whether to modify or terminate a protection order or consent agreement issued or approved under this section, the court shall consider all relevant factors, including, but not limited to, the following:
(i) Whether the petitioner consents to modification or termination of the protection order or consent agreement;
(ii) Whether the petitioner fears the respondent;
(iii) The current nature of the relationship between the petitioner and the respondent;
(iv) The circumstances of the petitioner and respondent, including the relative proximity of the petitioner's and respondent's workplaces and residences and whether the petitioner and respondent have minor children together;
(v) Whether the respondent has complied with the terms and conditions of the original protection order or consent agreement;
(vi) Whether the respondent has a continuing involvement with illegal drugs or alcohol;
(vii) Whether the respondent has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for an offense of violence since the issuance of the protection order or approval of the consent agreement;
(viii) Whether any other protection orders, consent agreements, restraining orders, or no contact orders have been issued against the respondent pursuant to this section, section 2919.26 of the Revised Code, any other provision of state law, or the law of any other state;
(ix) Whether the respondent has participated in any domestic violence treatment, intervention program, or other counseling addressing domestic violence and whether the respondent has completed the treatment, program, or counseling;
(x) The time that has elapsed since the protection order was issued or since the consent agreement was approved;
(xi) The age and health of the respondent;
(xii) When the last incident of abuse, threat of harm, or commission of a sexually oriented offense occurred or other relevant information concerning the safety and protection of the petitioner or other protected parties.
(d) If a protection order or consent agreement is modified or terminated as provided in division (E)(8) of this section, the court shall issue copies of the modified or terminated order or agreement as provided in division (F) of this section. A petitioner may also provide notice of the modification or termination to the judicial and law enforcement officials in any county other than the county in which the order or agreement is modified or terminated as provided in division (N) of this section.
(e) If the respondent moves for modification or termination of a protection order or consent agreement pursuant to this section and the court denies the motion, the court may assess costs against the respondent for the filing of the motion.
(9) Any protection order issued or any consent agreement approved pursuant to this section shall include a provision that the court will automatically seal all of the records of the proceeding in which the order is issued or agreement approved on the date the respondent attains the age of nineteen years unless the petitioner provides the court with evidence that the respondent has not complied with all of the terms of the protection order or consent agreement. The protection order or consent agreement shall specify the date when the respondent attains the age of nineteen years.
(F)(1) A copy of any protection order, or consent agreement, that is issued, approved, modified, or terminated under this section shall be issued by the court to the petitioner, to the respondent, and to all law enforcement agencies that have jurisdiction to enforce the order or agreement. The court shall direct that a copy of an order be delivered to the respondent on the same day that the order is entered.
(2) Upon the issuance of a protection order or the approval of a consent agreement under this section, the court shall provide the parties to the order or agreement with the following notice orally or by form:
"NOTICE
As a result of this order or consent agreement, it may be unlawful for you to possess or purchase a firearm, including a rifle, pistol, or revolver, or ammunition pursuant to federal law under 18 U.S.C. 922(g)(8) for the duration of this order or consent agreement. If you have any questions whether this law makes it illegal for you to possess or purchase a firearm or ammunition, you should consult an attorney."
(3) All law enforcement agencies shall establish and maintain an index for the protection orders and the approved consent agreements delivered to the agencies pursuant to division (F)(1) of this section. With respect to each order and consent agreement delivered, each agency shall note on the index the date and time that it received the order or consent agreement.
(4) Regardless of whether the petitioner has registered the order or agreement in the county in which the officer's agency has jurisdiction pursuant to division (N) of this section, any officer of a law enforcement agency shall enforce a protection order issued or consent agreement approved by any court in this state in accordance with the provisions of the order or agreement, including removing the respondent from the premises, if appropriate.
(G)(1) Any proceeding under this section shall be conducted in accordance with the Rules of Civil Procedure, except that an order under this section may be obtained with or without bond. An order issued under this section, other than an ex parte order, that grants a protection order or approves a consent agreement, that refuses to grant a protection order or approve a consent agreement that modifies or terminates a protection order or consent agreement, or that refuses to modify or terminate a protection order or consent agreement, is a final, appealable order. The remedies and procedures provided in this section are in addition to, and not in lieu of, any other available civil or criminal remedies.
(2) If as provided in division (G)(1) of this section an order issued under this section, other than an ex parte order, refuses to grant a protection order, the court, on its own motion, shall order that the ex parte order issued under this section and all of the records pertaining to that ex parte order be sealed after either of the following occurs:
(a) No party has exercised the right to appeal pursuant to Rule 4 of the Rules of Appellate Procedure.
(b) All appellate rights have been exhausted.
(H) The filing of proceedings under this section does not excuse a person from filing any report or giving any notice required by section 2151.421 of the Revised Code or by any other law. When a petition under this section alleges domestic violence against minor children, the court shall report the fact, or cause reports to be made, to a county, township, or municipal peace officer under section 2151.421 of the Revised Code.
(I) Any law enforcement agency that investigates a domestic dispute shall provide information to the family or household members involved, or the persons in the dating relationship who are involved, whichever is applicable regarding the relief available under this section and, for family or household members, section 2919.26 of the Revised Code.
(J)(1) Subject to divisions (E)(8)(e) and (J)(2) of this section and regardless of whether a protection order is issued or a consent agreement is approved by a court of another county or a court of another state, no court or unit of state or local government shall charge the petitioner any fee, cost, deposit, or money in connection with the filing of a petition pursuant to this section or in connection with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a protection order, consent agreement, or witness subpoena or for obtaining a certified copy of a protection order or consent agreement.
(2) Regardless of whether a protection order is issued or a consent agreement is approved pursuant to this section, the court may assess costs against the respondent in connection with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a protection order, consent agreement, or witness subpoena or for obtaining a certified copy of a protection order or consent agreement.
(K)(1) The court shall comply with Chapters 3119., 3121., 3123., and 3125. of the Revised Code when it makes or modifies an order for child support under this section.
(2) If any person required to pay child support under an order made under this section on or after April 15, 1985, or modified under this section on or after December 31, 1986, is found in contempt of court for failure to make support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt.
(L)(1) A person who violates a protection order issued or a consent agreement approved under this section is subject to the following sanctions:
(a) Criminal prosecution or a delinquent child proceeding for a violation of section 2919.27 of the Revised Code, if the violation of the protection order or consent agreement constitutes a violation of that section;
(b) Punishment for contempt of court.
(2) The punishment of a person for contempt of court for violation of a protection order issued or a consent agreement approved under this section does not bar criminal prosecution of the person or a delinquent child proceeding concerning the person for a violation of section 2919.27 of the Revised Code. However, a person punished for contempt of court is entitled to credit for the punishment imposed upon conviction of or adjudication as a delinquent child for a violation of that section, and a person convicted of or adjudicated a delinquent child for a violation of that section shall not subsequently be punished for contempt of court arising out of the same activity.
(M) In all stages of a proceeding under this section, a petitioner may be accompanied by a victim advocate.
(N)(1) A petitioner who obtains a protection order or consent agreement under this section or a temporary protection order under section 2919.26 of the Revised Code may provide notice of the issuance or approval of the order or agreement to the judicial and law enforcement officials in any county other than the county in which the order is issued or the agreement is approved by registering that order or agreement in the other county pursuant to division (N)(2) of this section and filing a copy of the registered order or registered agreement with a law enforcement agency in the other county in accordance with that division. A person who obtains a protection order issued by a court of another state may provide notice of the issuance of the order to the judicial and law enforcement officials in any county of this state by registering the order in that county pursuant to section 2919.272 of the Revised Code and filing a copy of the registered order with a law enforcement agency in that county.
(2) A petitioner may register a temporary protection order, protection order, or consent agreement in a county other than the county in which the court that issued the order or approved the agreement is located in the following manner:
(a) The petitioner shall obtain a certified copy of the order or agreement from the clerk of the court that issued the order or approved the agreement and present that certified copy to the clerk of the court of common pleas or the clerk of a municipal court or county court in the county in which the order or agreement is to be registered.
(b) Upon accepting the certified copy of the order or agreement for registration, the clerk of the court of common pleas, municipal court, or county court shall place an endorsement of registration on the order or agreement and give the petitioner a copy of the order or agreement that bears that proof of registration.
(3) The clerk of each court of common pleas, the clerk of each municipal court, and the clerk of each county court shall maintain a registry of certified copies of temporary protection orders, protection orders, or consent agreements that have been issued or approved by courts in other counties and that have been registered with the clerk.
(O) Nothing in this section prohibits the domestic relations division of a court of common pleas in counties that have a domestic relations division or a court of common pleas in counties that do not have a domestic relations division from designating a minor child as a protected party on a protection order or consent agreement.
Sec. 3770.021. Except as otherwise provided in this section, no person shall be employed by or continue employment with the state lottery commission who has been convicted in any jurisdiction of a felony, or of a misdemeanor of the first, second, or third degree, involving gambling, fraud or misrepresentation, theft, or any crime of moral turpitude, as long as the record of the conviction has not been sealed or expunged pursuant to Chapter 2953. of the Revised Code or pursuant to a statute of another jurisdiction that governs the sealing or expungement of criminal records. The director of the commission may adopt internal management rules designating vehicular offenses, conviction of which will disqualify persons from employment with the commission; specifying time periods after which persons who have been convicted of the offenses described in this section may be employed by the commission; and establishing requirements for an applicant or employee to seek a court order to have the records sealed or expunged in accordance with law relating to the sealing or expungement of criminal records.
Sec.
2917.40
3791.22.
(A)
As used in this section:
(1) "Live entertainment performance" means any live speech; any live musical performance, including a concert; any live dramatic performance; any live variety show; and any other live performance with respect to which the primary intent of the audience can be construed to be viewing the performers. A "live entertainment performance" does not include any form of entertainment with respect to which the person purchasing a ticket routinely participates in amusements as well as views performers.
(2) "Restricted entertainment area" means any wholly or partially enclosed area, whether indoors or outdoors, that has limited access through established entrances, or established turnstiles or similar devices.
(3) "Concert" means a musical performance of which the primary component is a presentation by persons singing or playing musical instruments, that is intended by its sponsors mainly, but not necessarily exclusively, for the listening enjoyment of the audience, and that is held in a facility. A "concert" does not include any performance in which music is a part of the presentation and the primary component of which is acting, dancing, a motion picture, a demonstration of skills or talent other than singing or playing an instrument, an athletic event, an exhibition, or a speech.
(4) "Facility" means any structure that has a roof or partial roof and that has walls that wholly surround the area on all sides, including, but not limited to, a stadium, hall, arena, armory, auditorium, ballroom, exhibition hall, convention center, or music hall.
(5) "Person" includes, in addition to an individual or entity specified in division (C) of section 1.59 of the Revised Code, any governmental entity.
(B)(1)
No person who
owns, operates, or promotes live entertainment performances shall
knowingly
sell,
offer
to sell, or offer
in return for a donation,
or gift
any
ticket that is not numbered and that does not correspond to a
specific physical
seat
for admission to either of the following:
(a) A live entertainment performance that is not exempted under division (D) of this section, that is held in a restricted entertainment area, and for which more than eight thousand tickets are offered to the public;
(b) A concert that is not exempted under division (D) of this section and for which more than three thousand tickets are offered to the public.
(2) No person shall advertise any live entertainment performance as described in division (B)(1)(a) of this section or any concert as described in division (B)(1)(b) of this section, unless the advertisement contains the words "Reserved Seats Only."
(C) Unless exempted by division (D)(1) of this section, no person who owns or operates any restricted entertainment area shall fail to open, maintain, and properly staff at least the number of entrances designated under division (E) of this section for a minimum of ninety minutes prior to the scheduled start of any live entertainment performance that is held in the restricted entertainment area and for which more than three thousand tickets are sold, offered for sale, or offered in return for a donation.
(D)(1) A live entertainment performance, other than a concert, is exempted from the provisions of divisions (B) and (C) of this section if both of the following apply:
(a) The restricted entertainment area in which the performance is held has at least eight entrances or, if both entrances and separate admission turnstiles or similar devices are used, has at least eight turnstiles or similar devices;
(b) The eight entrances or, if applicable, the eight turnstiles or similar devices are opened, maintained, and properly staffed at least one hour prior to the scheduled start of the performance.
(2)(a) The chief of the police department of a township police district or joint police district in the case of a facility located within the district, the officer responsible for public safety within a municipal corporation in the case of a facility located within the municipal corporation, or the county sheriff in the case of a facility located outside the boundaries of a township or joint police district or municipal corporation may, upon application of the sponsor of a concert covered by division (B) of this section, exempt the concert from the provisions of that division if the official finds that the health, safety, and welfare of the participants and spectators would not be substantially affected by failure to comply with the provisions of that division.
In determining whether to grant an exemption, the official shall consider the following factors:
(i) The size and design of the facility in which the concert is scheduled;
(ii) The size, age, and anticipated conduct of the crowd expected to attend the concert;
(iii) The ability of the sponsor to manage and control the expected crowd.
If the sponsor of any concert desires to obtain an exemption under this division, the sponsor shall apply to the appropriate official on a form prescribed by that official. The official shall issue an order that grants or denies the exemption within five days after receipt of the application. The sponsor may appeal any order that denies an exemption to the court of common pleas of the county in which the facility is located.
(b) If an official grants an exemption under division (D)(2)(a) of this section, the official shall designate an on-duty law enforcement officer to be present at the concert. The designated officer has authority to issue orders to all security personnel at the concert to protect the health, safety, and welfare of the participants and spectators.
(3) Notwithstanding division (D)(2) of this section, in the case of a concert held in a facility located on the campus of an educational institution covered by section 3345.04 of the Revised Code, a state university law enforcement officer appointed pursuant to sections 3345.04 and 3345.21 of the Revised Code shall do both of the following:
(a) Exercise the authority to grant exemptions provided by division (D)(2)(a) of this section in lieu of an official designated in that division;
(b) If the officer grants an exemption under division (D)(3)(a) of this section, designate an on-duty state university law enforcement officer to be present at the concert. The designated officer has authority to issue orders to all security personnel at the concert to protect the health, safety, and welfare of the participants and spectators.
(E)(1) Unless a live entertainment performance is exempted by division (D)(1) of this section, the chief of the police department of a township police district or joint police district in the case of a restricted entertainment area located within the district, the officer responsible for public safety within a municipal corporation in the case of a restricted entertainment area located within the municipal corporation, or the county sheriff in the case of a restricted entertainment area located outside the boundaries of a township or joint police district or municipal corporation shall designate, for purposes of division (C) of this section, the minimum number of entrances required to be opened, maintained, and staffed at each live entertainment performance so as to permit crowd control and reduce congestion at the entrances. The designation shall be based on such factors as the size and nature of the crowd expected to attend the live entertainment performance, the length of time prior to the live entertainment performance that crowds are expected to congregate at the entrances, and the amount of security provided at the restricted entertainment area.
(2) Notwithstanding division (E)(1) of this section, a state university law enforcement officer appointed pursuant to sections 3345.04 and 3345.21 of the Revised Code shall designate the number of entrances required to be opened, maintained, and staffed in the case of a live entertainment performance that is held at a restricted entertainment area located on the campus of an educational institution covered by section 3345.04 of the Revised Code.
(F) No person shall enter into any contract for a live entertainment performance, that does not permit or require compliance with this section.
(G)(1) This section does not apply to a live entertainment performance held in a restricted entertainment area if one admission ticket entitles the holder to view or participate in three or more different games, rides, activities, or live entertainment performances occurring simultaneously at different sites within the restricted entertainment area and if the initial admittance entrance to the restricted entertainment area, for which the ticket is required, is separate from the entrance to any specific live entertainment performance and an additional ticket is not required for admission to the particular live entertainment performance.
(2) This section does not apply to a symphony orchestra performance, a ballet performance, horse races, dances, or fairs.
(H) This section does not prohibit the legislative authority of any municipal corporation from imposing additional requirements, not in conflict with this section, for the promotion or holding of live entertainment performances.
(I)
Whoever violates division (B), (C), or (F) of this section is guilty
of a misdemeanor of the first degree. If any individual suffers
physical harm to the individual's person as a result of a violation
of this section, the sentencing court shall consider this factor in
favor of imposing a term of imprisonment upon the offender.
Sec. 3791.99. (A) Whoever violates division (D) of section 3791.21 of the Revised Code is guilty of a minor misdemeanor, and each day the violation continues constitutes a separate offense.
(B) Whoever violates this chapter or any rule adopted or order issued pursuant to it that relates to the construction, alteration, or repair of any building, and the violation is not detrimental to the health, safety, or welfare of any person, shall be fined not more than one hundred dollars.
(C) Whoever violates this chapter or any rule adopted or order issued pursuant to it that relates to the construction, alteration, or repair of any building, and the violation is detrimental to the health, safety, or welfare of any person, is guilty of a minor misdemeanor.
(D) Whoever violates division (B), (C), or (F) of section 3791.22 of the Revised Code is guilty of a misdemeanor of the first degree.
Sec. 4301.61. (A) As used in this section and section 4301.611 of the Revised Code:
(1) "Card holder" means any person who presents a driver's or commercial driver's license or an identification card to a permit holder, or an agent or employee of a permit holder, for either of the purposes listed in division (A)(4)(a) or (b) of this section.
(2) "Identification card" means an identification card issued under sections 4507.50 to 4507.52 of the Revised Code or an equivalent identification card issued by another state.
(3) "Permit holder" means the holder of a permit issued under Chapter 4303. of the Revised Code.
(4) "Transaction scan" means the process by which a permit holder or an agent or employee of a permit holder checks, by means of a transaction scan device, the validity of a driver's or commercial driver's license or an identification card that is presented as a condition for doing either of the following:
(a) Purchasing any beer, intoxicating liquor, or low-alcohol beverage;
(b) Gaining admission to a premises that has been issued a liquor permit authorizing the sale of beer or intoxicating liquor for consumption on the premises where sold, and where admission is restricted to persons twenty-one years of age or older.
(5) "Transaction scan device" means any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver's or commercial driver's license or an identification card.
(B)(1) A permit holder or an agent or employee of a permit holder may perform a transaction scan by means of a transaction scan device to check the validity of a driver's or commercial driver's license or identification card presented by a card holder for either of the purposes listed in division (A)(4)(a) or (b) of this section.
(2) If the information deciphered by the transaction scan performed under division (B)(1) of this section fails to match the information printed on the driver's or commercial driver's license or identification card presented by the card holder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the permit holder nor any agent or employee of the permit holder shall sell any beer, intoxicating liquor, or low-alcohol beverage to the card holder.
(3) Division (B)(1) of this section does not preclude a permit holder or an agent or employee of a permit holder from using a transaction scan device to check the validity of a document other than a driver's or commercial driver's license or an identification card, if the document includes a bar code or magnetic strip that may be scanned by the device, as a condition of a sale of beer, intoxicating liquor, or a low-alcohol beverage or of granting admission to a premises described in division (A)(4) of this section.
(C) The registrar of motor vehicles, with the approval of the liquor control commission, shall adopt, and may amend or rescind, rules in accordance with Chapter 119. of the Revised Code that do both of the following:
(1)
Govern the recording and maintenance of information described in
divisions (D)(1)(a) and (b) of this section, divisions (D)(1)(a)
(C)(1)(a)
and
(b) of section 2927.021 of the Revised Code, and divisions (D)(1)(a)
and (b) of section 2925.57 of the Revised Code;
(2)
Ensure quality control in the use of transaction scan devices under
this section and sections 2927.021, 2927.022,
2925.57,
2925.58, and 4301.611 of the Revised Code.
(D)(1) No permit holder or agent or employee of a permit holder shall electronically or mechanically record or maintain any information derived from a transaction scan, except the following:
(a) The name and date of birth of the person listed on the driver's or commercial driver's license or identification card presented by a card holder;
(b) The expiration date and identification number of the driver's or commercial driver's license or identification card presented by a card holder.
(2) No permit holder or agent or employee of a permit holder shall use the information that is derived from a transaction scan or that is permitted to be recorded and maintained by division (D)(1) of this section, except for purposes of section 4301.611 of the Revised Code.
(3) No permit holder or agent or employee of a permit holder shall use a transaction scan device for a purpose other than a purpose listed in division (A)(4)(a) or (b) of this section.
(4) No permit holder or agent or employee of a permit holder shall sell or otherwise disseminate the information derived from a transaction scan to any third party, including, but not limited to, selling or otherwise disseminating that information for any marketing, advertising, or promotional activities, but a permit holder or agent or employee of a permit holder may release that information pursuant to a court order or as specifically authorized by section 4301.611 or another section of the Revised Code.
(E) Nothing in this section or section 4301.611 of the Revised Code relieves a permit holder or an agent or employee of a permit holder of any responsibility to comply with any other applicable state or federal laws or rules governing the sale of beer, intoxicating liquor, or low-alcohol beverages.
(F) Whoever violates division (B)(2) or (D) of this section is guilty of an illegal liquor transaction scan, and the court may impose upon the offender a civil penalty of up to one thousand dollars for each violation. The clerk of the court shall pay each collected civil penalty to the county treasurer for deposit into the county treasury.
Sec. 4301.69. (A) Except as otherwise provided in this chapter, no person shall sell beer or intoxicating liquor to an underage person, shall buy beer or intoxicating liquor for an underage person, or shall furnish it to an underage person, unless given by a physician in the regular line of the physician's practice or given for established religious purposes or unless the underage person is supervised by a parent, spouse who is not an underage person, or legal guardian.
In proceedings before the liquor control commission, no permit holder, or no employee or agent of a permit holder, charged with a violation of this division shall be charged, for the same offense, with a violation of division (A)(1) of section 4301.22 of the Revised Code.
(B) No person who is the owner or occupant of any public or private place shall knowingly allow any underage person to remain in or on the place while possessing or consuming beer or intoxicating liquor, unless the intoxicating liquor or beer is given to the person possessing or consuming it by that person's parent, spouse who is not an underage person, or legal guardian and the parent, spouse who is not an underage person, or legal guardian is present at the time of the person's possession or consumption of the beer or intoxicating liquor.
An owner of a public or private place is not liable for acts or omissions in violation of this division that are committed by a lessee of that place, unless the owner authorizes or acquiesces in the lessee's acts or omissions.
(C) No person shall engage or use accommodations at a hotel, inn, cabin, campground, or restaurant when the person knows or has reason to know either of the following:
(1) That beer or intoxicating liquor will be consumed by an underage person on the premises of the accommodations that the person engages or uses, unless the person engaging or using the accommodations is the spouse of the underage person and is not an underage person, or is the parent or legal guardian of all of the underage persons, who consume beer or intoxicating liquor on the premises and that person is on the premises at all times when beer or intoxicating liquor is being consumed by an underage person;
(2) That a drug of abuse will be consumed on the premises of the accommodations by any person, except a person who obtained the drug of abuse pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs and has the drug of abuse in the original container in which it was dispensed to the person.
(D)(1) No person is required to permit the engagement of accommodations at any hotel, inn, cabin, or campground by an underage person or for an underage person, if the person engaging the accommodations knows or has reason to know that the underage person is intoxicated, or that the underage person possesses any beer or intoxicating liquor and is not supervised by a parent, spouse who is not an underage person, or legal guardian who is or will be present at all times when the beer or intoxicating liquor is being consumed by the underage person.
(2) No underage person shall knowingly engage or attempt to engage accommodations at any hotel, inn, cabin, or campground by presenting identification that falsely indicates that the underage person is twenty-one years of age or older for the purpose of violating this section.
(E)(1) No underage person shall knowingly order, pay for, share the cost of, attempt to purchase, possess, or consume any beer or intoxicating liquor in any public or private place. No underage person shall knowingly be under the influence of any beer or intoxicating liquor in any public place. The prohibitions set forth in division (E)(1) of this section against an underage person knowingly possessing, consuming, or being under the influence of any beer or intoxicating liquor shall not apply if the underage person is supervised by a parent, spouse who is not an underage person, or legal guardian, or the beer or intoxicating liquor is given by a physician in the regular line of the physician's practice or given for established religious purposes.
(2)(a) If a person is charged with violating division (E)(1) of this section in a complaint filed under section 2151.27 of the Revised Code, the court may order the child into a diversion program specified by the court and hold the complaint in abeyance pending successful completion of the diversion program. A child is ineligible to enter into a diversion program under division (E)(2)(a) of this section if the child previously has been diverted pursuant to division (E)(2)(a) of this section. If the child completes the diversion program to the satisfaction of the court, the court shall dismiss the complaint and order the child's record in the case sealed under sections 2151.356 to 2151.358 of the Revised Code. If the child fails to satisfactorily complete the diversion program, the court shall proceed with the complaint.
(b)
If a person is charged in a criminal complaint with violating
division (E)(1) of this section, section 2935.36 of the Revised Code
shall apply to the offense, except that a person is ineligible for
diversion under that section if the person previously has been
diverted pursuant to division (E)(2)(a) or (b) of this section. If
the person completes the diversion program to the satisfaction of the
court, the court shall dismiss the complaint and order the record in
the case sealed under section 2953.52
2953.33
of
the Revised Code. If the person fails to satisfactorily complete the
diversion program, the court shall proceed with the complaint.
(F) No parent, spouse who is not an underage person, or legal guardian of a minor shall knowingly permit the minor to violate this section or section 4301.63, 4301.633, or 4301.634 of the Revised Code.
(G) The operator of any hotel, inn, cabin, or campground shall make the provisions of this section available in writing to any person engaging or using accommodations at the hotel, inn, cabin, or campground.
(H) As used in this section:
(1) "Drug of abuse" has the same meaning as in section 3719.011 of the Revised Code.
(2) "Hotel" has the same meaning as in section 3731.01 of the Revised Code.
(3) "Licensed health professional authorized to prescribe drugs" and "prescription" have the same meanings as in section 4729.01 of the Revised Code.
(4) "Minor" means a person under the age of eighteen years.
(5) "Underage person" means a person under the age of twenty-one years.
Sec. 4506.01. As used in this chapter:
(A) "Alcohol concentration" means the concentration of alcohol in a person's blood, breath, or urine. When expressed as a percentage, it means grams of alcohol per the following:
(1) One hundred milliliters of whole blood, blood serum, or blood plasma;
(2) Two hundred ten liters of breath;
(3) One hundred milliliters of urine.
(B) "Commercial driver's license" means a license issued in accordance with this chapter that authorizes an individual to drive a commercial motor vehicle.
(C) "Commercial driver's license information system" means the information system established pursuant to the requirements of the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 3207-171, 49 U.S.C.A. App. 2701.
(D) Except when used in section 4506.25 of the Revised Code, "commercial motor vehicle" means any motor vehicle designed or used to transport persons or property that meets any of the following qualifications:
(1) Any combination of vehicles with a gross vehicle weight or combined gross vehicle weight rating of twenty-six thousand one pounds or more, provided the gross vehicle weight or gross vehicle weight rating of the vehicle or vehicles being towed is in excess of ten thousand pounds;
(2) Any single vehicle with a gross vehicle weight or gross vehicle weight rating of twenty-six thousand one pounds or more;
(3) Any single vehicle or combination of vehicles that is not a class A or class B vehicle, but is designed to transport sixteen or more passengers including the driver;
(4) Any school bus with a gross vehicle weight or gross vehicle weight rating of less than twenty-six thousand one pounds that is designed to transport fewer than sixteen passengers including the driver;
(5) Is transporting hazardous materials for which placarding is required under subpart F of 49 C.F.R. part 172, as amended;
(6) Any single vehicle or combination of vehicles that is designed to be operated and to travel on a public street or highway and is considered by the federal motor carrier safety administration to be a commercial motor vehicle, including, but not limited to, a motorized crane, a vehicle whose function is to pump cement, a rig for drilling wells, and a portable crane.
(E) "Controlled substance" means all of the following:
(1) Any substance classified as a controlled substance under the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 U.S.C.A. 802(6), as amended;
(2) Any substance included in schedules I through V of 21 C.F.R. part 1308, as amended;
(3) Any drug of abuse.
(F) "Conviction" means an unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.
(G) "Disqualification" means any of the following:
(1) The suspension, revocation, or cancellation of a person's privileges to operate a commercial motor vehicle;
(2) Any withdrawal of a person's privileges to operate a commercial motor vehicle as the result of a violation of state or local law relating to motor vehicle traffic control other than parking, vehicle weight, or vehicle defect violations;
(3) A determination by the federal motor carrier safety administration that a person is not qualified to operate a commercial motor vehicle under 49 C.F.R. 391.
(H) "Domiciled" means having a true, fixed, principal, and permanent residence to which an individual intends to return.
(I) "Downgrade" means any of the following, as applicable:
(1) A change in the commercial driver's license, or commercial driver's license temporary instruction permit, holder's self-certified status as described in division (A)(1) of section 4506.10 of the Revised Code;
(2) A change to a lesser class of vehicle;
(3) Removal of commercial driver's license privileges from the individual's driver's license.
(J) "Drive" means to drive, operate, or be in physical control of a motor vehicle.
(K) "Driver" means any person who drives, operates, or is in physical control of a commercial motor vehicle or is required to have a commercial driver's license.
(L) "Driver's license" means a license issued by the bureau of motor vehicles that authorizes an individual to drive.
(M) "Drug of abuse" means any controlled substance, dangerous drug as defined in section 4729.01 of the Revised Code, harmful intoxicant as defined in section 2925.01 of the Revised Code, or over-the-counter medication that, when taken in quantities exceeding the recommended dosage, can result in impairment of judgment or reflexes.
(N) "Electronic device" includes a cellular telephone, a personal digital assistant, a pager, a computer, and any other device used to input, write, send, receive, or read text.
(O) "Eligible unit of local government" means a village, township, or county that has a population of not more than three thousand persons according to the most recent federal census.
(P) "Employer" means any person, including the federal government, any state, and a political subdivision of any state, that owns or leases a commercial motor vehicle or assigns a person to drive such a motor vehicle.
(Q) "Endorsement" means an authorization on a person's commercial driver's license that is required to permit the person to operate a specified type of commercial motor vehicle.
(R) "Farm truck" means a truck controlled and operated by a farmer for use in the transportation to or from a farm, for a distance of not more than one hundred fifty miles, of products of the farm, including livestock and its products, poultry and its products, floricultural and horticultural products, and in the transportation to the farm, from a distance of not more than one hundred fifty miles, of supplies for the farm, including tile, fence, and every other thing or commodity used in agricultural, floricultural, horticultural, livestock, and poultry production, and livestock, poultry, and other animals and things used for breeding, feeding, or other purposes connected with the operation of the farm, when the truck is operated in accordance with this division and is not used in the operations of a motor carrier, as defined in section 4923.01 of the Revised Code.
(S) "Fatality" means the death of a person as the result of a motor vehicle accident occurring not more than three hundred sixty-five days prior to the date of death.
(T) "Felony" means any offense under federal or state law that is punishable by death or specifically classified as a felony under the law of this state, regardless of the penalty that may be imposed.
(U) "Foreign jurisdiction" means any jurisdiction other than a state.
(V) "Gross vehicle weight rating" means the value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle. The gross vehicle weight rating of a combination vehicle is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of each towed unit.
(W) "Hazardous materials" means any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 C.F.R. part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73, as amended.
(X) "Imminent hazard" means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment.
(Y) "Medical variance" means one of the following received by a driver from the federal motor carrier safety administration that allows the driver to be issued a medical certificate:
(1) An exemption letter permitting operation of a commercial motor vehicle under 49 C.F.R. 381, subpart C or 49 C.F.R. 391.64;
(2) A skill performance evaluation certificate permitting operation of a commercial motor vehicle pursuant to 49 C.F.R. 391.49.
(Z) "Mobile telephone" means a mobile communication device that falls under or uses any commercial mobile radio service as defined in 47 C.F.R. 20, except that mobile telephone does not include two-way or citizens band radio services.
(AA) "Motor vehicle" means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, except that such term does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail.
(BB) "Out-of-service order" means a declaration by an authorized enforcement officer of a federal, state, local, Canadian, or Mexican jurisdiction declaring that a driver, commercial motor vehicle, or commercial motor carrier operation is out of service as defined in 49 C.F.R. 390.5.
(CC) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
(DD) "Portable tank" means a liquid or gaseous packaging designed primarily to be loaded onto or temporarily attached to a vehicle and equipped with skids, mountings, or accessories to facilitate handling of the tank by mechanical means.
(EE) "Public safety vehicle" has the same meaning as in divisions (E)(1) and (3) of section 4511.01 of the Revised Code.
(FF) "Recreational vehicle" includes every vehicle that is defined as a recreational vehicle in section 4501.01 of the Revised Code and is used exclusively for purposes other than engaging in business for profit.
(GG) "Residence" means any person's residence determined in accordance with standards prescribed in rules adopted by the registrar.
(HH) "School bus" has the same meaning as in section 4511.01 of the Revised Code.
(II) "Serious traffic violation" means any of the following:
(1) A conviction arising from a single charge of operating a commercial motor vehicle in violation of any provision of section 4506.03 of the Revised Code;
(2)(a) Except as provided in division (II)(2)(b) of this section, a violation while operating a commercial motor vehicle of a law of this state, or any municipal ordinance or county or township resolution, or any other substantially similar law of another state or political subdivision of another state prohibiting either of the following:
(i) Texting while driving;
(ii) Using a handheld mobile telephone.
(b) It is not a serious traffic violation if the person was texting or using a handheld mobile telephone to contact law enforcement or other emergency services.
(3) A conviction arising from the operation of any motor vehicle that involves any of the following:
(a) A single charge of any speed in excess of the posted speed limit by fifteen miles per hour or more;
(b) Violation of section 4511.20 or 4511.201 of the Revised Code or any similar ordinance or resolution, or of any similar law of another state or political subdivision of another state;
(c) Violation of a law of this state or an ordinance or resolution relating to traffic control, other than a parking violation, or of any similar law of another state or political subdivision of another state, that results in a fatal accident;
(d) Violation of section 4506.03 of the Revised Code or a substantially similar municipal ordinance or county or township resolution, or of any similar law of another state or political subdivision of another state, that involves the operation of a commercial motor vehicle without a valid commercial driver's license with the proper class or endorsement for the specific vehicle group being operated or for the passengers or type of cargo being transported;
(e) Violation of section 4506.03 of the Revised Code or a substantially similar municipal ordinance or county or township resolution, or of any similar law of another state or political subdivision of another state, that involves the operation of a commercial motor vehicle without a valid commercial driver's license being in the person's possession;
(f) Violation of section 4511.33 or 4511.34 of the Revised Code, or any municipal ordinance or county or township resolution substantially similar to either of those sections, or any substantially similar law of another state or political subdivision of another state;
(g) Violation of any other law of this state, any law of another state, or any ordinance or resolution of a political subdivision of this state or another state that meets both of the following requirements:
(i) It relates to traffic control, other than a parking violation;
(ii) It is determined to be a serious traffic violation by the United States secretary of transportation and is designated by the director as such by rule.
(JJ) "State" means a state of the United States and includes the District of Columbia.
(KK) "Tank vehicle" means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks that are either permanently or temporarily attached to the vehicle or its chassis and have an individual rated capacity of more than one hundred nineteen gallons and an aggregate rated capacity of one thousand gallons or more. "Tank vehicle" does not include a commercial motor vehicle transporting an empty storage container tank that is not designed for transportation, has a rated capacity of one thousand gallons or more, and is temporarily attached to a flatbed trailer.
(LL) "Tester" means a person or entity acting pursuant to a valid agreement entered into pursuant to division (B) of section 4506.09 of the Revised Code.
(MM) "Texting" means manually entering alphanumeric text into, or reading text from, an electronic device. Texting includes short message service, e-mail, instant messaging, a command or request to access a world wide web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry, for present or future communication. Texting does not include the following:
(1) Using voice commands to initiate, receive, or terminate a voice communication using a mobile telephone;
(2) Inputting, selecting, or reading information on a global positioning system or navigation system;
(3) Pressing a single button to initiate or terminate a voice communication using a mobile telephone; or
(4) Using, for a purpose that is not otherwise prohibited by law, a device capable of performing multiple functions, such as a fleet management system, a dispatching device, a mobile telephone, a citizens band radio, or a music player.
(NN) "Texting while driving" means texting while operating a commercial motor vehicle, with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Texting while driving does not include operating a commercial motor vehicle with or without the motor running when the driver has moved the vehicle to the side of, or off, a highway and is stopped in a location where the vehicle can safely remain stationary.
(OO) "United States" means the fifty states and the District of Columbia.
(PP) "Upgrade" means a change in the class of vehicles, endorsements, or self-certified status as described in division (A)(1) of section 4506.10 of the Revised Code, that expands the ability of a current commercial driver's license holder to operate commercial motor vehicles under this chapter;
(QQ) "Use of a handheld mobile telephone" means:
(1) Using at least one hand to hold a mobile telephone to conduct a voice communication;
(2) Dialing or answering a mobile telephone by pressing more than a single button; or
(3) Reaching for a mobile telephone in a manner that requires a driver to maneuver so that the driver is no longer in a seated driving position, or restrained by a seat belt that is installed in accordance with 49 C.F.R. 393.93 and adjusted in accordance with the vehicle manufacturer's instructions.
(RR) "Vehicle" has the same meaning as in section 4511.01 of the Revised Code.
Sec. 4510.04. It is an affirmative defense to any prosecution brought under section 4510.037, 4510.11, 4510.111, 4510.14, 4510.16, or 4510.21 of the Revised Code or under any substantially equivalent municipal ordinance that the alleged offender drove under suspension, without a valid permit or driver's or commercial driver's license, or in violation of a restriction because of a substantial emergency, and because no other person was reasonably available to drive in response to the emergency.
Sec. 4511.19. (A)(1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:
(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.
(b) The person has a concentration of eight-hundredths of one per cent or more but less than seventeen-hundredths of one per cent by weight per unit volume of alcohol in the person's whole blood.
(c) The person has a concentration of ninety-six-thousandths of one per cent or more but less than two hundred four-thousandths of one per cent by weight per unit volume of alcohol in the person's blood serum or plasma.
(d) The person has a concentration of eight-hundredths of one gram or more but less than seventeen-hundredths of one gram by weight of alcohol per two hundred ten liters of the person's breath.
(e) The person has a concentration of eleven-hundredths of one gram or more but less than two hundred thirty-eight-thousandths of one gram by weight of alcohol per one hundred milliliters of the person's urine.
(f) The person has a concentration of seventeen-hundredths of one per cent or more by weight per unit volume of alcohol in the person's whole blood.
(g) The person has a concentration of two hundred four-thousandths of one per cent or more by weight per unit volume of alcohol in the person's blood serum or plasma.
(h) The person has a concentration of seventeen-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person's breath.
(i) The person has a concentration of two hundred thirty-eight-thousandths of one gram or more by weight of alcohol per one hundred milliliters of the person's urine.
(j) Except as provided in division (K) of this section, the person has a concentration of any of the following controlled substances or metabolites of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds any of the following:
(i) The person has a concentration of amphetamine in the person's urine of at least five hundred nanograms of amphetamine per milliliter of the person's urine or has a concentration of amphetamine in the person's whole blood or blood serum or plasma of at least one hundred nanograms of amphetamine per milliliter of the person's whole blood or blood serum or plasma.
(ii) The person has a concentration of cocaine in the person's urine of at least one hundred fifty nanograms of cocaine per milliliter of the person's urine or has a concentration of cocaine in the person's whole blood or blood serum or plasma of at least fifty nanograms of cocaine per milliliter of the person's whole blood or blood serum or plasma.
(iii) The person has a concentration of cocaine metabolite in the person's urine of at least one hundred fifty nanograms of cocaine metabolite per milliliter of the person's urine or has a concentration of cocaine metabolite in the person's whole blood or blood serum or plasma of at least fifty nanograms of cocaine metabolite per milliliter of the person's whole blood or blood serum or plasma.
(iv) The person has a concentration of heroin in the person's urine of at least two thousand nanograms of heroin per milliliter of the person's urine or has a concentration of heroin in the person's whole blood or blood serum or plasma of at least fifty nanograms of heroin per milliliter of the person's whole blood or blood serum or plasma.
(v) The person has a concentration of heroin metabolite (6-monoacetyl morphine) in the person's urine of at least ten nanograms of heroin metabolite (6-monoacetyl morphine) per milliliter of the person's urine or has a concentration of heroin metabolite (6-monoacetyl morphine) in the person's whole blood or blood serum or plasma of at least ten nanograms of heroin metabolite (6-monoacetyl morphine) per milliliter of the person's whole blood or blood serum or plasma.
(vi) The person has a concentration of L.S.D. in the person's urine of at least twenty-five nanograms of L.S.D. per milliliter of the person's urine or a concentration of L.S.D. in the person's whole blood or blood serum or plasma of at least ten nanograms of L.S.D. per milliliter of the person's whole blood or blood serum or plasma.
(vii) The person has a concentration of marihuana in the person's urine of at least ten nanograms of marihuana per milliliter of the person's urine or has a concentration of marihuana in the person's whole blood or blood serum or plasma of at least two nanograms of marihuana per milliliter of the person's whole blood or blood serum or plasma.
(viii) Either of the following applies:
(I) The person is under the influence of alcohol, a drug of abuse, or a combination of them, and the person has a concentration of marihuana metabolite in the person's urine of at least fifteen nanograms of marihuana metabolite per milliliter of the person's urine or has a concentration of marihuana metabolite in the person's whole blood or blood serum or plasma of at least five nanograms of marihuana metabolite per milliliter of the person's whole blood or blood serum or plasma.
(II) The person has a concentration of marihuana metabolite in the person's urine of at least thirty-five nanograms of marihuana metabolite per milliliter of the person's urine or has a concentration of marihuana metabolite in the person's whole blood or blood serum or plasma of at least fifty nanograms of marihuana metabolite per milliliter of the person's whole blood or blood serum or plasma.
(ix) The person has a concentration of methamphetamine in the person's urine of at least five hundred nanograms of methamphetamine per milliliter of the person's urine or has a concentration of methamphetamine in the person's whole blood or blood serum or plasma of at least one hundred nanograms of methamphetamine per milliliter of the person's whole blood or blood serum or plasma.
(x) The person has a concentration of phencyclidine in the person's urine of at least twenty-five nanograms of phencyclidine per milliliter of the person's urine or has a concentration of phencyclidine in the person's whole blood or blood serum or plasma of at least ten nanograms of phencyclidine per milliliter of the person's whole blood or blood serum or plasma.
(xi) The state board of pharmacy has adopted a rule pursuant to section 4729.041 of the Revised Code that specifies the amount of salvia divinorum and the amount of salvinorin A that constitute concentrations of salvia divinorum and salvinorin A in a person's urine, in a person's whole blood, or in a person's blood serum or plasma at or above which the person is impaired for purposes of operating any vehicle, streetcar, or trackless trolley within this state, the rule is in effect, and the person has a concentration of salvia divinorum or salvinorin A of at least that amount so specified by rule in the person's urine, in the person's whole blood, or in the person's blood serum or plasma.
(2) No person who, within twenty years of the conduct described in division (A)(2)(a) of this section, previously has been convicted of or pleaded guilty to a violation of this division, a violation of division (A)(1) or (B) of this section, or any other equivalent offense shall do both of the following:
(a) Operate any vehicle, streetcar, or trackless trolley within this state while under the influence of alcohol, a drug of abuse, or a combination of them;
(b) Subsequent to being arrested for operating the vehicle, streetcar, or trackless trolley as described in division (A)(2)(a) of this section, being asked by a law enforcement officer to submit to a chemical test or tests under section 4511.191 of the Revised Code, and being advised by the officer in accordance with section 4511.192 of the Revised Code of the consequences of the person's refusal or submission to the test or tests, refuse to submit to the test or tests.
(B) No person under twenty-one years of age shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:
(1) The person has a concentration of at least two-hundredths of one per cent but less than eight-hundredths of one per cent by weight per unit volume of alcohol in the person's whole blood.
(2) The person has a concentration of at least three-hundredths of one per cent but less than ninety-six-thousandths of one per cent by weight per unit volume of alcohol in the person's blood serum or plasma.
(3) The person has a concentration of at least two-hundredths of one gram but less than eight-hundredths of one gram by weight of alcohol per two hundred ten liters of the person's breath.
(4) The person has a concentration of at least twenty-eight one-thousandths of one gram but less than eleven-hundredths of one gram by weight of alcohol per one hundred milliliters of the person's urine.
(C) In any proceeding arising out of one incident, a person may be charged with a violation of division (A)(1)(a) or (A)(2) and a violation of division (B)(1), (2), or (3) of this section, but the person may not be convicted of more than one violation of these divisions.
(D)(1)(a) In any criminal prosecution or juvenile court proceeding for a violation of division (A)(1)(a) of this section or for an equivalent offense that is vehicle-related, the result of any test of any blood or urine withdrawn and analyzed at any health care provider, as defined in section 2317.02 of the Revised Code, may be admitted with expert testimony to be considered with any other relevant and competent evidence in determining the guilt or innocence of the defendant.
(b) In any criminal prosecution or juvenile court proceeding for a violation of division (A) or (B) of this section or for an equivalent offense that is vehicle-related, the court may admit evidence on the concentration of alcohol, drugs of abuse, controlled substances, metabolites of a controlled substance, or a combination of them in the defendant's whole blood, blood serum or plasma, breath, urine, or other bodily substance at the time of the alleged violation as shown by chemical analysis of the substance withdrawn within three hours of the time of the alleged violation. The three-hour time limit specified in this division regarding the admission of evidence does not extend or affect the two-hour time limit specified in division (A) of section 4511.192 of the Revised Code as the maximum period of time during which a person may consent to a chemical test or tests as described in that section. The court may admit evidence on the concentration of alcohol, drugs of abuse, or a combination of them as described in this division when a person submits to a blood, breath, urine, or other bodily substance test at the request of a law enforcement officer under section 4511.191 of the Revised Code or a blood or urine sample is obtained pursuant to a search warrant. Only a physician, a registered nurse, an emergency medical technician-intermediate, an emergency medical technician-paramedic, or a qualified technician, chemist, or phlebotomist shall withdraw a blood sample for the purpose of determining the alcohol, drug, controlled substance, metabolite of a controlled substance, or combination content of the whole blood, blood serum, or blood plasma. This limitation does not apply to the taking of breath or urine specimens. A person authorized to withdraw blood under this division may refuse to withdraw blood under this division, if in that person's opinion, the physical welfare of the person would be endangered by the withdrawing of blood.
The bodily substance withdrawn under division (D)(1)(b) of this section shall be analyzed in accordance with methods approved by the director of health by an individual possessing a valid permit issued by the director pursuant to section 3701.143 of the Revised Code.
(c) As used in division (D)(1)(b) of this section, "emergency medical technician-intermediate" and "emergency medical technician-paramedic" have the same meanings as in section 4765.01 of the Revised Code.
(2) In a criminal prosecution or juvenile court proceeding for a violation of division (A) of this section or for an equivalent offense that is vehicle-related, if there was at the time the bodily substance was withdrawn a concentration of less than the applicable concentration of alcohol specified in divisions (A)(1)(b), (c), (d), and (e) of this section or less than the applicable concentration of a listed controlled substance or a listed metabolite of a controlled substance specified for a violation of division (A)(1)(j) of this section, that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. This division does not limit or affect a criminal prosecution or juvenile court proceeding for a violation of division (B) of this section or for an equivalent offense that is substantially equivalent to that division.
(3) Upon the request of the person who was tested, the results of the chemical test shall be made available to the person or the person's attorney, immediately upon the completion of the chemical test analysis.
If the chemical test was obtained pursuant to division (D)(1)(b) of this section, the person tested may have a physician, a registered nurse, or a qualified technician, chemist, or phlebotomist of the person's own choosing administer a chemical test or tests, at the person's expense, in addition to any administered at the request of a law enforcement officer. If the person was under arrest as described in division (A)(5) of section 4511.191 of the Revised Code, the arresting officer shall advise the person at the time of the arrest that the person may have an independent chemical test taken at the person's own expense. If the person was under arrest other than described in division (A)(5) of section 4511.191 of the Revised Code, the form to be read to the person to be tested, as required under section 4511.192 of the Revised Code, shall state that the person may have an independent test performed at the person's expense. The failure or inability to obtain an additional chemical test by a person shall not preclude the admission of evidence relating to the chemical test or tests taken at the request of a law enforcement officer.
(4)(a) As used in divisions (D)(4)(b) and (c) of this section, "national highway traffic safety administration" means the national highway traffic safety administration established as an administration of the United States department of transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.
(b) In any criminal prosecution or juvenile court proceeding for a violation of division (A) or (B) of this section, of a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or of a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine, if a law enforcement officer has administered a field sobriety test to the operator of the vehicle involved in the violation and if it is shown by clear and convincing evidence that the officer administered the test in substantial compliance with the testing standards for any reliable, credible, and generally accepted field sobriety tests that were in effect at the time the tests were administered, including, but not limited to, any testing standards then in effect that were set by the national highway traffic safety administration, all of the following apply:
(i) The officer may testify concerning the results of the field sobriety test so administered.
(ii) The prosecution may introduce the results of the field sobriety test so administered as evidence in any proceedings in the criminal prosecution or juvenile court proceeding.
(iii) If testimony is presented or evidence is introduced under division (D)(4)(b)(i) or (ii) of this section and if the testimony or evidence is admissible under the Rules of Evidence, the court shall admit the testimony or evidence and the trier of fact shall give it whatever weight the trier of fact considers to be appropriate.
(c) Division (D)(4)(b) of this section does not limit or preclude a court, in its determination of whether the arrest of a person was supported by probable cause or its determination of any other matter in a criminal prosecution or juvenile court proceeding of a type described in that division, from considering evidence or testimony that is not otherwise disallowed by division (D)(4)(b) of this section.
(E)(1) Subject to division (E)(3) of this section, in any criminal prosecution or juvenile court proceeding for a violation of division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j) or (B)(1), (2), (3), or (4) of this section or for an equivalent offense that is substantially equivalent to any of those divisions, a laboratory report from any laboratory personnel issued a permit by the department of health authorizing an analysis as described in this division that contains an analysis of the whole blood, blood serum or plasma, breath, urine, or other bodily substance tested and that contains all of the information specified in this division shall be admitted as prima-facie evidence of the information and statements that the report contains. The laboratory report shall contain all of the following:
(a) The signature, under oath, of any person who performed the analysis;
(b) Any findings as to the identity and quantity of alcohol, a drug of abuse, a controlled substance, a metabolite of a controlled substance, or a combination of them that was found;
(c) A copy of a notarized statement by the laboratory director or a designee of the director that contains the name of each certified analyst or test performer involved with the report, the analyst's or test performer's employment relationship with the laboratory that issued the report, and a notation that performing an analysis of the type involved is part of the analyst's or test performer's regular duties;
(d) An outline of the analyst's or test performer's education, training, and experience in performing the type of analysis involved and a certification that the laboratory satisfies appropriate quality control standards in general and, in this particular analysis, under rules of the department of health.
(2) Notwithstanding any other provision of law regarding the admission of evidence, a report of the type described in division (E)(1) of this section is not admissible against the defendant to whom it pertains in any proceeding, other than a preliminary hearing or a grand jury proceeding, unless the prosecutor has served a copy of the report on the defendant's attorney or, if the defendant has no attorney, on the defendant.
(3) A report of the type described in division (E)(1) of this section shall not be prima-facie evidence of the contents, identity, or amount of any substance if, within seven days after the defendant to whom the report pertains or the defendant's attorney receives a copy of the report, the defendant or the defendant's attorney demands the testimony of the person who signed the report. The judge in the case may extend the seven-day time limit in the interest of justice.
(F) Except as otherwise provided in this division, any physician, registered nurse, emergency medical technician-intermediate, emergency medical technician-paramedic, or qualified technician, chemist, or phlebotomist who withdraws blood from a person pursuant to this section or section 4511.191 or 4511.192 of the Revised Code, and any hospital, first-aid station, or clinic at which blood is withdrawn from a person pursuant to this section or section 4511.191 or 4511.192 of the Revised Code, is immune from criminal liability and civil liability based upon a claim of assault and battery or any other claim that is not a claim of malpractice, for any act performed in withdrawing blood from the person. The immunity provided in this division also extends to an emergency medical service organization that employs an emergency medical technician-intermediate or emergency medical technician-paramedic who withdraws blood under this section. The immunity provided in this division is not available to a person who withdraws blood if the person engages in willful or wanton misconduct.
As used in this division, "emergency medical technician-intermediate" and "emergency medical technician-paramedic" have the same meanings as in section 4765.01 of the Revised Code.
(G)(1) Whoever violates any provision of divisions (A)(1)(a) to (i) or (A)(2) of this section is guilty of operating a vehicle under the influence of alcohol, a drug of abuse, or a combination of them. Whoever violates division (A)(1)(j) of this section is guilty of operating a vehicle while under the influence of a listed controlled substance or a listed metabolite of a controlled substance. The court shall sentence the offender for either offense under Chapter 2929. of the Revised Code, except as otherwise authorized or required by divisions (G)(1)(a) to (e) of this section:
(a) Except as otherwise provided in division (G)(1)(b), (c), (d), or (e) of this section, the offender is guilty of a misdemeanor of the first degree, and the court shall sentence the offender to all of the following:
(i) If the sentence is being imposed for a violation of division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a mandatory jail term of three consecutive days. As used in this division, three consecutive days means seventy-two consecutive hours. The court may sentence an offender to both an intervention program and a jail term. The court may impose a jail term in addition to the three-day mandatory jail term or intervention program. However, in no case shall the cumulative jail term imposed for the offense exceed six months.
The court may suspend the execution of the three-day jail term under this division if the court, in lieu of that suspended term, places the offender under a community control sanction pursuant to section 2929.25 of the Revised Code and requires the offender to attend, for three consecutive days, a drivers' intervention program certified under section 5119.38 of the Revised Code. The court also may suspend the execution of any part of the three-day jail term under this division if it places the offender under a community control sanction pursuant to section 2929.25 of the Revised Code for part of the three days, requires the offender to attend for the suspended part of the term a drivers' intervention program so certified, and sentences the offender to a jail term equal to the remainder of the three consecutive days that the offender does not spend attending the program. The court may require the offender, as a condition of community control and in addition to the required attendance at a drivers' intervention program, to attend and satisfactorily complete any treatment or education programs that comply with the minimum standards adopted pursuant to Chapter 5119. of the Revised Code by the director of mental health and addiction services that the operators of the drivers' intervention program determine that the offender should attend and to report periodically to the court on the offender's progress in the programs. The court also may impose on the offender any other conditions of community control that it considers necessary.
If the court grants unlimited driving privileges to a first-time offender under section 4510.022 of the Revised Code, all penalties imposed upon the offender by the court under division (G)(1)(a)(i) of this section for the offense apply, except that the court shall suspend any mandatory or additional jail term imposed by the court under division (G)(1)(a)(i) of this section upon granting unlimited driving privileges in accordance with section 4510.022 of the Revised Code.
(ii) If the sentence is being imposed for a violation of division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this section, except as otherwise provided in this division, a mandatory jail term of at least three consecutive days and a requirement that the offender attend, for three consecutive days, a drivers' intervention program that is certified pursuant to section 5119.38 of the Revised Code. As used in this division, three consecutive days means seventy-two consecutive hours. If the court determines that the offender is not conducive to treatment in a drivers' intervention program, if the offender refuses to attend a drivers' intervention program, or if the jail at which the offender is to serve the jail term imposed can provide a driver's intervention program, the court shall sentence the offender to a mandatory jail term of at least six consecutive days.
If the court grants unlimited driving privileges to a first-time offender under section 4510.022 of the Revised Code, all penalties imposed upon the offender by the court under division (G)(1)(a)(ii) of this section for the offense apply, except that the court shall suspend any mandatory or additional jail term imposed by the court under division (G)(1)(a)(ii) of this section upon granting unlimited driving privileges in accordance with section 4510.022 of the Revised Code.
The court may require the offender, under a community control sanction imposed under section 2929.25 of the Revised Code, to attend and satisfactorily complete any treatment or education programs that comply with the minimum standards adopted pursuant to Chapter 5119. of the Revised Code by the director of mental health and addiction services, in addition to the required attendance at drivers' intervention program, that the operators of the drivers' intervention program determine that the offender should attend and to report periodically to the court on the offender's progress in the programs. The court also may impose any other conditions of community control on the offender that it considers necessary.
(iii) In all cases, a fine of not less than three hundred seventy-five and not more than one thousand seventy-five dollars;
(iv) In all cases, a suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege for a definite period of one to three years. The court may grant limited driving privileges relative to the suspension under sections 4510.021 and 4510.13 of the Revised Code. The court may grant unlimited driving privileges with an ignition interlock device relative to the suspension and may reduce the period of suspension as authorized under section 4510.022 of the Revised Code.
(b) Except as otherwise provided in division (G)(1)(e) of this section, an offender who, within ten years of the offense, previously has been convicted of or pleaded guilty to one violation of division (A) or (B) of this section or one other equivalent offense is guilty of a misdemeanor of the first degree. The court shall sentence the offender to all of the following:
(i) If the sentence is being imposed for a violation of division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a mandatory jail term of ten consecutive days. The court shall impose the ten-day mandatory jail term under this division unless, subject to division (G)(3) of this section, it instead imposes a sentence under that division consisting of both a jail term and a term of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The court may impose a jail term in addition to the ten-day mandatory jail term. The cumulative jail term imposed for the offense shall not exceed six months.
In addition to the jail term or the term of house arrest with electronic monitoring or continuous alcohol monitoring or both types of monitoring and jail term, the court shall require the offender to be assessed by a community addiction services provider that is authorized by section 5119.21 of the Revised Code, subject to division (I) of this section, and shall order the offender to follow the treatment recommendations of the services provider. The purpose of the assessment is to determine the degree of the offender's alcohol usage and to determine whether or not treatment is warranted. Upon the request of the court, the services provider shall submit the results of the assessment to the court, including all treatment recommendations and clinical diagnoses related to alcohol use.
(ii) If the sentence is being imposed for a violation of division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this section, except as otherwise provided in this division, a mandatory jail term of twenty consecutive days. The court shall impose the twenty-day mandatory jail term under this division unless, subject to division (G)(3) of this section, it instead imposes a sentence under that division consisting of both a jail term and a term of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The court may impose a jail term in addition to the twenty-day mandatory jail term. The cumulative jail term imposed for the offense shall not exceed six months.
In addition to the jail term or the term of house arrest with electronic monitoring or continuous alcohol monitoring or both types of monitoring and jail term, the court shall require the offender to be assessed by a community addiction service provider that is authorized by section 5119.21 of the Revised Code, subject to division (I) of this section, and shall order the offender to follow the treatment recommendations of the services provider. The purpose of the assessment is to determine the degree of the offender's alcohol usage and to determine whether or not treatment is warranted. Upon the request of the court, the services provider shall submit the results of the assessment to the court, including all treatment recommendations and clinical diagnoses related to alcohol use.
(iii) In all cases, notwithstanding the fines set forth in Chapter 2929. of the Revised Code, a fine of not less than five hundred twenty-five and not more than one thousand six hundred twenty-five dollars;
(iv) In all cases, a suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege for a definite period of one to seven years. The court may grant limited driving privileges relative to the suspension under sections 4510.021 and 4510.13 of the Revised Code.
(v) In all cases, if the vehicle is registered in the offender's name, immobilization of the vehicle involved in the offense for ninety days in accordance with section 4503.233 of the Revised Code and impoundment of the license plates of that vehicle for ninety days.
(c) Except as otherwise provided in division (G)(1)(e) of this section, an offender who, within ten years of the offense, previously has been convicted of or pleaded guilty to two violations of division (A) or (B) of this section or other equivalent offenses is guilty of a misdemeanor. The court shall sentence the offender to all of the following:
(i) If the sentence is being imposed for a violation of division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a mandatory jail term of thirty consecutive days. The court shall impose the thirty-day mandatory jail term under this division unless, subject to division (G)(3) of this section, it instead imposes a sentence under that division consisting of both a jail term and a term of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The court may impose a jail term in addition to the thirty-day mandatory jail term. Notwithstanding the jail terms set forth in sections 2929.21 to 2929.28 of the Revised Code, the additional jail term shall not exceed one year, and the cumulative jail term imposed for the offense shall not exceed one year.
(ii) If the sentence is being imposed for a violation of division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this section, a mandatory jail term of sixty consecutive days. The court shall impose the sixty-day mandatory jail term under this division unless, subject to division (G)(3) of this section, it instead imposes a sentence under that division consisting of both a jail term and a term of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The court may impose a jail term in addition to the sixty-day mandatory jail term. Notwithstanding the jail terms set forth in sections 2929.21 to 2929.28 of the Revised Code, the additional jail term shall not exceed one year, and the cumulative jail term imposed for the offense shall not exceed one year.
(iii) In all cases, notwithstanding the fines set forth in Chapter 2929. of the Revised Code, a fine of not less than eight hundred fifty and not more than two thousand seven hundred fifty dollars;
(iv) In all cases, a suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege for a definite period of two to twelve years. The court may grant limited driving privileges relative to the suspension under sections 4510.021 and 4510.13 of the Revised Code.
(v) In all cases, if the vehicle is registered in the offender's name, criminal forfeiture of the vehicle involved in the offense in accordance with section 4503.234 of the Revised Code. Division (G)(6) of this section applies regarding any vehicle that is subject to an order of criminal forfeiture under this division.
(vi) In all cases, the court shall order the offender to participate with a community addiction services provider authorized by section 5119.21 of the Revised Code, subject to division (I) of this section, and shall order the offender to follow the treatment recommendations of the services provider. The operator of the services provider shall determine and assess the degree of the offender's alcohol dependency and shall make recommendations for treatment. Upon the request of the court, the services provider shall submit the results of the assessment to the court, including all treatment recommendations and clinical diagnoses related to alcohol use.
(d)
Except as otherwise provided in division (G)(1)(e) of this section,
an offender who, within ten years of the offense, previously has been
convicted of or pleaded guilty to three or four violations of
division (A) or (B) of this section or other equivalent offenses
or,
an
offender who, within twenty years of the offense, previously has been
convicted of or pleaded guilty to five or more violations of that
nature,
or an offender who previously has been convicted of or pleaded guilty
to a specification of the type described in section 2941.1413 of the
Revised Code
is
guilty of a felony of the fourth degree. The court shall sentence the
offender to all of the following:
(i) If the sentence is being imposed for a violation of division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a mandatory prison term of one, two, three, four, or five years as required by and in accordance with division (G)(2) of section 2929.13 of the Revised Code if the offender also is convicted of or also pleads guilty to a specification of the type described in section 2941.1413 of the Revised Code or, in the discretion of the court, either a mandatory term of local incarceration of sixty consecutive days in accordance with division (G)(1) of section 2929.13 of the Revised Code or a mandatory prison term of sixty consecutive days in accordance with division (G)(2) of that section if the offender is not convicted of and does not plead guilty to a specification of that type. If the court imposes a mandatory term of local incarceration, it may impose a jail term in addition to the sixty-day mandatory term, the cumulative total of the mandatory term and the jail term for the offense shall not exceed one year, and, except as provided in division (A)(1) of section 2929.13 of the Revised Code, no prison term is authorized for the offense. If the court imposes a mandatory prison term, notwithstanding division (A)(4) of section 2929.14 of the Revised Code, it also may sentence the offender to a definite prison term that shall be not less than six months and not more than thirty months and the prison terms shall be imposed as described in division (G)(2) of section 2929.13 of the Revised Code. If the court imposes a mandatory prison term or mandatory prison term and additional prison term, in addition to the term or terms so imposed, the court also may sentence the offender to a community control sanction for the offense, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction.
(ii) If the sentence is being imposed for a violation of division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this section, a mandatory prison term of one, two, three, four, or five years as required by and in accordance with division (G)(2) of section 2929.13 of the Revised Code if the offender also is convicted of or also pleads guilty to a specification of the type described in section 2941.1413 of the Revised Code or, in the discretion of the court, either a mandatory term of local incarceration of one hundred twenty consecutive days in accordance with division (G)(1) of section 2929.13 of the Revised Code or a mandatory prison term of one hundred twenty consecutive days in accordance with division (G)(2) of that section if the offender is not convicted of and does not plead guilty to a specification of that type. If the court imposes a mandatory term of local incarceration, it may impose a jail term in addition to the one hundred twenty-day mandatory term, the cumulative total of the mandatory term and the jail term for the offense shall not exceed one year, and, except as provided in division (A)(1) of section 2929.13 of the Revised Code, no prison term is authorized for the offense. If the court imposes a mandatory prison term, notwithstanding division (A)(4) of section 2929.14 of the Revised Code, it also may sentence the offender to a definite prison term that shall be not less than six months and not more than thirty months and the prison terms shall be imposed as described in division (G)(2) of section 2929.13 of the Revised Code. If the court imposes a mandatory prison term or mandatory prison term and additional prison term, in addition to the term or terms so imposed, the court also may sentence the offender to a community control sanction for the offense, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction.
(iii) In all cases, notwithstanding section 2929.18 of the Revised Code, a fine of not less than one thousand three hundred fifty nor more than ten thousand five hundred dollars;
(iv) In all cases, a class two license suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(2) of section 4510.02 of the Revised Code. The court may grant limited driving privileges relative to the suspension under sections 4510.021 and 4510.13 of the Revised Code.
(v) In all cases, if the vehicle is registered in the offender's name, criminal forfeiture of the vehicle involved in the offense in accordance with section 4503.234 of the Revised Code. Division (G)(6) of this section applies regarding any vehicle that is subject to an order of criminal forfeiture under this division.
(vi) In all cases, the court shall order the offender to participate with a community addiction services provider authorized by section 5119.21 of the Revised Code, subject to division (I) of this section, and shall order the offender to follow the treatment recommendations of the services provider. The operator of the services provider shall determine and assess the degree of the offender's alcohol dependency and shall make recommendations for treatment. Upon the request of the court, the services provider shall submit the results of the assessment to the court, including all treatment recommendations and clinical diagnoses related to alcohol use.
(vii) In all cases, if the court sentences the offender to a mandatory term of local incarceration, in addition to the mandatory term, the court, pursuant to section 2929.17 of the Revised Code, may impose a term of house arrest with electronic monitoring. The term shall not commence until after the offender has served the mandatory term of local incarceration.
(e) An offender who previously has been convicted of or pleaded guilty to a violation of division (A) of this section that was a felony, regardless of when the violation and the conviction or guilty plea occurred, is guilty of a felony of the third degree. The court shall sentence the offender to all of the following:
(i) If the offender is being sentenced for a violation of division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a mandatory prison term of one, two, three, four, or five years as required by and in accordance with division (G)(2) of section 2929.13 of the Revised Code if the offender also is convicted of or also pleads guilty to a specification of the type described in section 2941.1413 of the Revised Code or a mandatory prison term of sixty consecutive days in accordance with division (G)(2) of section 2929.13 of the Revised Code if the offender is not convicted of and does not plead guilty to a specification of that type. The court may impose a prison term in addition to the mandatory prison term. The cumulative total of a sixty-day mandatory prison term and the additional prison term for the offense shall not exceed five years. In addition to the mandatory prison term or mandatory prison term and additional prison term the court imposes, the court also may sentence the offender to a community control sanction for the offense, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction.
(ii) If the sentence is being imposed for a violation of division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this section, a mandatory prison term of one, two, three, four, or five years as required by and in accordance with division (G)(2) of section 2929.13 of the Revised Code if the offender also is convicted of or also pleads guilty to a specification of the type described in section 2941.1413 of the Revised Code or a mandatory prison term of one hundred twenty consecutive days in accordance with division (G)(2) of section 2929.13 of the Revised Code if the offender is not convicted of and does not plead guilty to a specification of that type. The court may impose a prison term in addition to the mandatory prison term. The cumulative total of a one hundred twenty-day mandatory prison term and the additional prison term for the offense shall not exceed five years. In addition to the mandatory prison term or mandatory prison term and additional prison term the court imposes, the court also may sentence the offender to a community control sanction for the offense, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction.
(iii) In all cases, notwithstanding section 2929.18 of the Revised Code, a fine of not less than one thousand three hundred fifty nor more than ten thousand five hundred dollars;
(iv) In all cases, a class two license suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(2) of section 4510.02 of the Revised Code. The court may grant limited driving privileges relative to the suspension under sections 4510.021 and 4510.13 of the Revised Code.
(v) In all cases, if the vehicle is registered in the offender's name, criminal forfeiture of the vehicle involved in the offense in accordance with section 4503.234 of the Revised Code. Division (G)(6) of this section applies regarding any vehicle that is subject to an order of criminal forfeiture under this division.
(vi) In all cases, the court shall order the offender to participate with a community addiction services provider authorized by section 5119.21 of the Revised Code, subject to division (I) of this section, and shall order the offender to follow the treatment recommendations of the services provider. The operator of the services provider shall determine and assess the degree of the offender's alcohol dependency and shall make recommendations for treatment. Upon the request of the court, the services provider shall submit the results of the assessment to the court, including all treatment recommendations and clinical diagnoses related to alcohol use.
(2) An offender who is convicted of or pleads guilty to a violation of division (A) of this section and who subsequently seeks reinstatement of the driver's or occupational driver's license or permit or nonresident operating privilege suspended under this section as a result of the conviction or guilty plea shall pay a reinstatement fee as provided in division (F)(2) of section 4511.191 of the Revised Code.
(3) If an offender is sentenced to a jail term under division (G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and if, within sixty days of sentencing of the offender, the court issues a written finding on the record that, due to the unavailability of space at the jail where the offender is required to serve the term, the offender will not be able to begin serving that term within the sixty-day period following the date of sentencing, the court may impose an alternative sentence under this division that includes a term of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring.
As an alternative to a mandatory jail term of ten consecutive days required by division (G)(1)(b)(i) of this section, the court, under this division, may sentence the offender to five consecutive days in jail and not less than eighteen consecutive days of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The cumulative total of the five consecutive days in jail and the period of house arrest with electronic monitoring, continuous alcohol monitoring, or both types of monitoring shall not exceed six months. The five consecutive days in jail do not have to be served prior to or consecutively to the period of house arrest.
As an alternative to the mandatory jail term of twenty consecutive days required by division (G)(1)(b)(ii) of this section, the court, under this division, may sentence the offender to ten consecutive days in jail and not less than thirty-six consecutive days of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The cumulative total of the ten consecutive days in jail and the period of house arrest with electronic monitoring, continuous alcohol monitoring, or both types of monitoring shall not exceed six months. The ten consecutive days in jail do not have to be served prior to or consecutively to the period of house arrest.
As an alternative to a mandatory jail term of thirty consecutive days required by division (G)(1)(c)(i) of this section, the court, under this division, may sentence the offender to fifteen consecutive days in jail and not less than fifty-five consecutive days of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The cumulative total of the fifteen consecutive days in jail and the period of house arrest with electronic monitoring, continuous alcohol monitoring, or both types of monitoring shall not exceed one year. The fifteen consecutive days in jail do not have to be served prior to or consecutively to the period of house arrest.
As an alternative to the mandatory jail term of sixty consecutive days required by division (G)(1)(c)(ii) of this section, the court, under this division, may sentence the offender to thirty consecutive days in jail and not less than one hundred ten consecutive days of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The cumulative total of the thirty consecutive days in jail and the period of house arrest with electronic monitoring, continuous alcohol monitoring, or both types of monitoring shall not exceed one year. The thirty consecutive days in jail do not have to be served prior to or consecutively to the period of house arrest.
(4) If an offender's driver's or occupational driver's license or permit or nonresident operating privilege is suspended under division (G) of this section and if section 4510.13 of the Revised Code permits the court to grant limited driving privileges, the court may grant the limited driving privileges in accordance with that section. If division (A)(7) of that section requires that the court impose as a condition of the privileges that the offender must display on the vehicle that is driven subject to the privileges restricted license plates that are issued under section 4503.231 of the Revised Code, except as provided in division (B) of that section, the court shall impose that condition as one of the conditions of the limited driving privileges granted to the offender, except as provided in division (B) of section 4503.231 of the Revised Code.
(5) Fines imposed under this section for a violation of division (A) of this section shall be distributed as follows:
(a) Twenty-five dollars of the fine imposed under division (G)(1)(a)(iii), thirty-five dollars of the fine imposed under division (G)(1)(b)(iii), one hundred twenty-three dollars of the fine imposed under division (G)(1)(c)(iii), and two hundred ten dollars of the fine imposed under division (G)(1)(d)(iii) or (e)(iii) of this section shall be paid to an enforcement and education fund established by the legislative authority of the law enforcement agency in this state that primarily was responsible for the arrest of the offender, as determined by the court that imposes the fine. The agency shall use this share to pay only those costs it incurs in enforcing this section or a municipal OVI ordinance and in informing the public of the laws governing the operation of a vehicle while under the influence of alcohol, the dangers of the operation of a vehicle under the influence of alcohol, and other information relating to the operation of a vehicle under the influence of alcohol and the consumption of alcoholic beverages.
(b) Fifty dollars of the fine imposed under division (G)(1)(a)(iii) of this section shall be paid to the political subdivision that pays the cost of housing the offender during the offender's term of incarceration. If the offender is being sentenced for a violation of division (A)(1)(a), (b), (c), (d), (e), or (j) of this section and was confined as a result of the offense prior to being sentenced for the offense but is not sentenced to a term of incarceration, the fifty dollars shall be paid to the political subdivision that paid the cost of housing the offender during that period of confinement. The political subdivision shall use the share under this division to pay or reimburse incarceration or treatment costs it incurs in housing or providing drug and alcohol treatment to persons who violate this section or a municipal OVI ordinance, costs of any immobilizing or disabling device used on the offender's vehicle, and costs of electronic house arrest equipment needed for persons who violate this section.
(c) Twenty-five dollars of the fine imposed under division (G)(1)(a)(iii) and fifty dollars of the fine imposed under division (G)(1)(b)(iii) of this section shall be deposited into the county or municipal indigent drivers' alcohol treatment fund under the control of that court, as created by the county or municipal corporation under division (F) of section 4511.191 of the Revised Code.
(d) One hundred fifteen dollars of the fine imposed under division (G)(1)(b)(iii), two hundred seventy-seven dollars of the fine imposed under division (G)(1)(c)(iii), and four hundred forty dollars of the fine imposed under division (G)(1)(d)(iii) or (e)(iii) of this section shall be paid to the political subdivision that pays the cost of housing the offender during the offender's term of incarceration. The political subdivision shall use this share to pay or reimburse incarceration or treatment costs it incurs in housing or providing drug and alcohol treatment to persons who violate this section or a municipal OVI ordinance, costs for any immobilizing or disabling device used on the offender's vehicle, and costs of electronic house arrest equipment needed for persons who violate this section.
(e) Fifty dollars of the fine imposed under divisions (G)(1)(a)(iii), (G)(1)(b)(iii), (G)(1)(c)(iii), (G)(1)(d)(iii), and (G)(1)(e)(iii) of this section shall be deposited into the special projects fund of the court in which the offender was convicted and that is established under division (E)(1) of section 2303.201, division (B)(1) of section 1901.26, or division (B)(1) of section 1907.24 of the Revised Code, to be used exclusively to cover the cost of immobilizing or disabling devices, including certified ignition interlock devices, and remote alcohol monitoring devices for indigent offenders who are required by a judge to use either of these devices. If the court in which the offender was convicted does not have a special projects fund that is established under division (E)(1) of section 2303.201, division (B)(1) of section 1901.26, or division (B)(1) of section 1907.24 of the Revised Code, the fifty dollars shall be deposited into the indigent drivers interlock and alcohol monitoring fund under division (I) of section 4511.191 of the Revised Code.
(f) Seventy-five dollars of the fine imposed under division (G)(1)(a)(iii), one hundred twenty-five dollars of the fine imposed under division (G)(1)(b)(iii), two hundred fifty dollars of the fine imposed under division (G)(1)(c)(iii), and five hundred dollars of the fine imposed under division (G)(1)(d)(iii) or (e)(iii) of this section shall be transmitted to the treasurer of state for deposit into the indigent defense support fund established under section 120.08 of the Revised Code.
(g) The balance of the fine imposed under division (G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this section shall be disbursed as otherwise provided by law.
(6) If title to a motor vehicle that is subject to an order of criminal forfeiture under division (G)(1)(c), (d), or (e) of this section is assigned or transferred and division (B)(2) or (3) of section 4503.234 of the Revised Code applies, in addition to or independent of any other penalty established by law, the court may fine the offender the value of the vehicle as determined by publications of the national automobile dealers association. The proceeds of any fine so imposed shall be distributed in accordance with division (C)(2) of that section.
(7) In all cases in which an offender is sentenced under division (G) of this section, the offender shall provide the court with proof of financial responsibility as defined in section 4509.01 of the Revised Code. If the offender fails to provide that proof of financial responsibility, the court, in addition to any other penalties provided by law, may order restitution pursuant to section 2929.18 or 2929.28 of the Revised Code in an amount not exceeding five thousand dollars for any economic loss arising from an accident or collision that was the direct and proximate result of the offender's operation of the vehicle before, during, or after committing the offense for which the offender is sentenced under division (G) of this section.
(8) A court may order an offender to reimburse a law enforcement agency for any costs incurred by the agency with respect to a chemical test or tests administered to the offender if all of the following apply:
(a) The offender is convicted of or pleads guilty to a violation of division (A) of this section.
(b) The test or tests were of the offender's whole blood, blood serum or plasma, or urine.
(c) The test or tests indicated that the offender had a prohibited concentration of a controlled substance or a metabolite of a controlled substance in the offender's whole blood, blood serum or plasma, or urine at the time of the offense.
(9) As used in division (G) of this section, "electronic monitoring," "mandatory prison term," and "mandatory term of local incarceration" have the same meanings as in section 2929.01 of the Revised Code.
(H) Whoever violates division (B) of this section is guilty of operating a vehicle after underage alcohol consumption and shall be punished as follows:
(1) Except as otherwise provided in division (H)(2) of this section, the offender is guilty of a misdemeanor of the fourth degree. In addition to any other sanction imposed for the offense, the court shall impose a class six suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(6) of section 4510.02 of the Revised Code. The court may grant limited driving privileges relative to the suspension under sections 4510.021 and 4510.13 of the Revised Code. The court may grant unlimited driving privileges with an ignition interlock device relative to the suspension and may reduce the period of suspension as authorized under section 4510.022 of the Revised Code. If the court grants unlimited driving privileges under section 4510.022 of the Revised Code, the court shall suspend any jail term imposed under division (H)(1) of this section as required under that section.
(2) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one or more violations of division (A) or (B) of this section or other equivalent offenses, the offender is guilty of a misdemeanor of the third degree. In addition to any other sanction imposed for the offense, the court shall impose a class four suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(4) of section 4510.02 of the Revised Code. The court may grant limited driving privileges relative to the suspension under sections 4510.021 and 4510.13 of the Revised Code.
(3) If the offender also is convicted of or also pleads guilty to a specification of the type described in section 2941.1416 of the Revised Code and if the court imposes a jail term for the violation of division (B) of this section, the court shall impose upon the offender an additional definite jail term pursuant to division (E) of section 2929.24 of the Revised Code.
(4) The offender shall provide the court with proof of financial responsibility as defined in section 4509.01 of the Revised Code. If the offender fails to provide that proof of financial responsibility, then, in addition to any other penalties provided by law, the court may order restitution pursuant to section 2929.28 of the Revised Code in an amount not exceeding five thousand dollars for any economic loss arising from an accident or collision that was the direct and proximate result of the offender's operation of the vehicle before, during, or after committing the violation of division (B) of this section.
(I)(1) No court shall sentence an offender to an alcohol treatment program under this section unless the treatment program complies with the minimum standards for alcohol treatment programs adopted under Chapter 5119. of the Revised Code by the director of mental health and addiction services.
(2) An offender who stays in a drivers' intervention program or in an alcohol treatment program under an order issued under this section shall pay the cost of the stay in the program. However, if the court determines that an offender who stays in an alcohol treatment program under an order issued under this section is unable to pay the cost of the stay in the program, the court may order that the cost be paid from the court's indigent drivers' alcohol treatment fund.
(J) If a person whose driver's or commercial driver's license or permit or nonresident operating privilege is suspended under this section files an appeal regarding any aspect of the person's trial or sentence, the appeal itself does not stay the operation of the suspension.
(K) Division (A)(1)(j) of this section does not apply to a person who operates a vehicle, streetcar, or trackless trolley while the person has a concentration of a listed controlled substance or a listed metabolite of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds the amount specified in that division, if both of the following apply:
(1) The person obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs.
(2) The person injected, ingested, or inhaled the controlled substance in accordance with the health professional's directions.
(L) The prohibited concentrations of a controlled substance or a metabolite of a controlled substance listed in division (A)(1)(j) of this section also apply in a prosecution of a violation of division (D) of section 2923.16 of the Revised Code in the same manner as if the offender is being prosecuted for a prohibited concentration of alcohol.
(M) All terms defined in section 4510.01 of the Revised Code apply to this section. If the meaning of a term defined in section 4510.01 of the Revised Code conflicts with the meaning of the same term as defined in section 4501.01 or 4511.01 of the Revised Code, the term as defined in section 4510.01 of the Revised Code applies to this section.
(N)(1) The Ohio Traffic Rules in effect on January 1, 2004, as adopted by the supreme court under authority of section 2937.46 of the Revised Code, do not apply to felony violations of this section. Subject to division (N)(2) of this section, the Rules of Criminal Procedure apply to felony violations of this section.
(2) If, on or after January 1, 2004, the supreme court modifies the Ohio Traffic Rules to provide procedures to govern felony violations of this section, the modified rules shall apply to felony violations of this section.
Sec. 4511.21. (A) No person shall operate a motor vehicle, trackless trolley, or streetcar at a speed greater or less than is reasonable or proper, having due regard to the traffic, surface, and width of the street or highway and any other conditions, and no person shall drive any motor vehicle, trackless trolley, or streetcar in and upon any street or highway at a greater speed than will permit the person to bring it to a stop within the assured clear distance ahead.
(B) It is prima-facie lawful, in the absence of a lower limit declared or established pursuant to this section by the director of transportation or local authorities, for the operator of a motor vehicle, trackless trolley, or streetcar to operate the same at a speed not exceeding the following:
(1)(a) Twenty miles per hour in school zones during school recess and while children are going to or leaving school during the opening or closing hours, and when twenty miles per hour school speed limit signs are erected; except that, on controlled-access highways and expressways, if the right-of-way line fence has been erected without pedestrian opening, the speed shall be governed by division (B)(4) of this section and on freeways, if the right-of-way line fence has been erected without pedestrian opening, the speed shall be governed by divisions (B)(10) and (11) of this section. The end of every school zone may be marked by a sign indicating the end of the zone. Nothing in this section or in the manual and specifications for a uniform system of traffic control devices shall be construed to require school zones to be indicated by signs equipped with flashing or other lights, or giving other special notice of the hours in which the school zone speed limit is in effect.
(b) As used in this section and in section 4511.212 of the Revised Code, "school" means all of the following:
(i) Any school chartered under section 3301.16 of the Revised Code;
(ii) Any nonchartered school that during the preceding year filed with the department of education in compliance with rule 3301-35-08 of the Ohio Administrative Code, a copy of the school's report for the parents of the school's pupils certifying that the school meets Ohio minimum standards for nonchartered, nontax-supported schools and presents evidence of this filing to the jurisdiction from which it is requesting the establishment of a school zone;
(iii) Any special elementary school that in writing requests the county engineer of the county in which the special elementary school is located to create a school zone at the location of that school. Upon receipt of such a written request, the county engineer shall create a school zone at that location by erecting the appropriate signs.
(iv) Any preschool education program operated by an educational service center that is located on a street or highway with a speed limit of forty-five miles per hour or more, when the educational service center in writing requests that the county engineer of the county in which the program is located create a school zone at the location of that program. Upon receipt of such a written request, the county engineer shall create a school zone at that location by erecting the appropriate signs.
(c) As used in this section, "school zone" means that portion of a street or highway passing a school fronting upon the street or highway that is encompassed by projecting the school property lines to the fronting street or highway, and also includes that portion of a state highway. Upon request from local authorities for streets and highways under their jurisdiction and that portion of a state highway under the jurisdiction of the director of transportation or a request from a county engineer in the case of a school zone for a special elementary school, the director may extend the traditional school zone boundaries. The distances in divisions (B)(1)(c)(i), (ii), and (iii) of this section shall not exceed three hundred feet per approach per direction and are bounded by whichever of the following distances or combinations thereof the director approves as most appropriate:
(i) The distance encompassed by projecting the school building lines normal to the fronting highway and extending a distance of three hundred feet on each approach direction;
(ii) The distance encompassed by projecting the school property lines intersecting the fronting highway and extending a distance of three hundred feet on each approach direction;
(iii) The distance encompassed by the special marking of the pavement for a principal school pupil crosswalk plus a distance of three hundred feet on each approach direction of the highway.
Nothing in this section shall be construed to invalidate the director's initial action on August 9, 1976, establishing all school zones at the traditional school zone boundaries defined by projecting school property lines, except when those boundaries are extended as provided in divisions (B)(1)(a) and (c) of this section.
(d) As used in this division, "crosswalk" has the meaning given that term in division (LL)(2) of section 4511.01 of the Revised Code.
The director may, upon request by resolution of the legislative authority of a municipal corporation, the board of trustees of a township, or a county board of developmental disabilities created pursuant to Chapter 5126. of the Revised Code, and upon submission by the municipal corporation, township, or county board of such engineering, traffic, and other information as the director considers necessary, designate a school zone on any portion of a state route lying within the municipal corporation, lying within the unincorporated territory of the township, or lying adjacent to the property of a school that is operated by such county board, that includes a crosswalk customarily used by children going to or leaving a school during recess and opening and closing hours, whenever the distance, as measured in a straight line, from the school property line nearest the crosswalk to the nearest point of the crosswalk is no more than one thousand three hundred twenty feet. Such a school zone shall include the distance encompassed by the crosswalk and extending three hundred feet on each approach direction of the state route.
(e) As used in this section, "special elementary school" means a school that meets all of the following criteria:
(i) It is not chartered and does not receive tax revenue from any source.
(ii) It does not educate children beyond the eighth grade.
(iii) It is located outside the limits of a municipal corporation.
(iv) A majority of the total number of students enrolled at the school are not related by blood.
(v) The principal or other person in charge of the special elementary school annually sends a report to the superintendent of the school district in which the special elementary school is located indicating the total number of students enrolled at the school, but otherwise the principal or other person in charge does not report any other information or data to the superintendent.
(2) Twenty-five miles per hour in all other portions of a municipal corporation, except on state routes outside business districts, through highways outside business districts, and alleys;
(3) Thirty-five miles per hour on all state routes or through highways within municipal corporations outside business districts, except as provided in divisions (B)(4) and (6) of this section;
(4) Fifty miles per hour on controlled-access highways and expressways within municipal corporations, except as provided in divisions (B)(12), (13), (14), (15), and (16) of this section;
(5) Fifty-five miles per hour on highways outside municipal corporations, other than highways within island jurisdictions as provided in division (B)(8) of this section, highways as provided in divisions (B)(9) and (10) of this section, and highways, expressways, and freeways as provided in divisions (B)(12), (13), (14), and (16) of this section;
(6) Fifty miles per hour on state routes within municipal corporations outside urban districts unless a lower prima-facie speed is established as further provided in this section;
(7) Fifteen miles per hour on all alleys within the municipal corporation;
(8) Thirty-five miles per hour on highways outside municipal corporations that are within an island jurisdiction;
(9) Thirty-five miles per hour on through highways, except state routes, that are outside municipal corporations and that are within a national park with boundaries extending through two or more counties;
(10) Sixty miles per hour on two-lane state routes outside municipal corporations as established by the director under division (H)(2) of this section;
(11) Fifty-five miles per hour on freeways with paved shoulders inside municipal corporations, other than freeways as provided in divisions (B)(14) and (16) of this section;
(12) Sixty miles per hour on rural expressways with traffic control signals and on all portions of rural divided highways, except as provided in divisions (B)(13) and (14) of this section;
(13) Sixty-five miles per hour on all rural expressways without traffic control signals;
(14) Seventy miles per hour on all rural freeways;
(15) Fifty-five miles per hour on all portions of freeways or expressways in congested areas as determined by the director and that are located within a municipal corporation or within an interstate freeway outerbelt, except as provided in division (B)(16) of this section;
(16) Sixty-five miles per hour on all portions of freeways or expressways without traffic control signals in urbanized areas.
(C) It is prima-facie unlawful for any person to exceed any of the speed limitations in divisions (B)(1)(a), (2), (3), (4), (6), (7), (8), and (9) of this section, or any declared or established pursuant to this section by the director or local authorities and it is unlawful for any person to exceed any of the speed limitations in division (D) of this section. No person shall be convicted of more than one violation of this section for the same conduct, although violations of more than one provision of this section may be charged in the alternative in a single affidavit.
(D) No person shall operate a motor vehicle, trackless trolley, or streetcar upon a street or highway as follows:
(1) At a speed exceeding fifty-five miles per hour, except upon a two-lane state route as provided in division (B)(10) of this section and upon a highway, expressway, or freeway as provided in divisions (B)(12), (13), (14), and (16) of this section;
(2) At a speed exceeding sixty miles per hour upon a two-lane state route as provided in division (B)(10) of this section and upon a highway as provided in division (B)(12) of this section;
(3) At a speed exceeding sixty-five miles per hour upon an expressway as provided in division (B)(13) or upon a freeway as provided in division (B)(16) of this section, except upon a freeway as provided in division (B)(14) of this section;
(4) At a speed exceeding seventy miles per hour upon a freeway as provided in division (B)(14) of this section;
(5) At a speed exceeding the posted speed limit upon a highway, expressway, or freeway for which the director has determined and declared a speed limit pursuant to division (I)(2) or (L)(2) of this section.
(E) In every charge of violation of this section the affidavit and warrant shall specify the time, place, and speed at which the defendant is alleged to have driven, and in charges made in reliance upon division (C) of this section also the speed which division (B)(1)(a), (2), (3), (4), (6), (7), (8), or (9) of, or a limit declared or established pursuant to, this section declares is prima-facie lawful at the time and place of such alleged violation, except that in affidavits where a person is alleged to have driven at a greater speed than will permit the person to bring the vehicle to a stop within the assured clear distance ahead the affidavit and warrant need not specify the speed at which the defendant is alleged to have driven.
(F) When a speed in excess of both a prima-facie limitation and a limitation in division (D) of this section is alleged, the defendant shall be charged in a single affidavit, alleging a single act, with a violation indicated of both division (B)(1)(a), (2), (3), (4), (6), (7), (8), or (9) of this section, or of a limit declared or established pursuant to this section by the director or local authorities, and of the limitation in division (D) of this section. If the court finds a violation of division (B)(1)(a), (2), (3), (4), (6), (7), (8), or (9) of, or a limit declared or established pursuant to, this section has occurred, it shall enter a judgment of conviction under such division and dismiss the charge under division (D) of this section. If it finds no violation of division (B)(1)(a), (2), (3), (4), (6), (7), (8), or (9) of, or a limit declared or established pursuant to, this section, it shall then consider whether the evidence supports a conviction under division (D) of this section.
(G) Points shall be assessed for violation of a limitation under division (D) of this section in accordance with section 4510.036 of the Revised Code.
(H)(1) Whenever the director determines upon the basis of criteria established by an engineering study, as defined by the director, that any speed limit set forth in divisions (B)(1)(a) to (D) of this section is greater or less than is reasonable or safe under the conditions found to exist at any portion of a street or highway under the jurisdiction of the director, the director shall determine and declare a reasonable and safe prima-facie speed limit, which shall be effective when appropriate signs giving notice of it are erected at the location.
(2) Whenever the director determines upon the basis of criteria established by an engineering study, as defined by the director, that the speed limit of fifty-five miles per hour on a two-lane state route outside a municipal corporation is less than is reasonable or safe under the conditions found to exist at that portion of the state route, the director may determine and declare a speed limit of sixty miles per hour for that portion of the state route, which shall be effective when appropriate signs giving notice of it are erected at the location.
(3)(a) For purposes of the safe and orderly movement of traffic upon any portion of a street or highway under the jurisdiction of the director, the director may establish a variable speed limit that is different than the speed limit established by or under this section on all or portions of interstate six hundred seventy, interstate two hundred seventy-five, and interstate ninety commencing at the intersection of that interstate with interstate seventy-one and continuing to the border of the state of Ohio with the state of Pennsylvania. The director shall establish criteria for determining the appropriate use of variable speed limits and shall establish variable speed limits in accordance with the criteria. The director may establish variable speed limits based upon the time of day, weather conditions, traffic incidents, or other factors that affect the safe speed on a street or highway. The director shall not establish a variable speed limit that is based on a particular type or class of vehicle. A variable speed limit established by the director under this section is effective when appropriate signs giving notice of the speed limit are displayed at the location.
(b) Except for variable speed limits established under division (H)(3)(a) of this section, the director shall establish a variable speed limit under the authority granted to the director by this section on not more than two additional highways and only pursuant to criteria established in rules adopted in accordance with Chapter 119. of the Revised Code. The rules shall be based on the criteria described in division (H)(3)(a) of this section. The rules also shall establish the parameters of any engineering study necessary for determining when variable speed limits are appropriate.
(4) Nothing in this section shall be construed to limit the authority of the director to establish speed limits within a construction zone as authorized under section 4511.98 of the Revised Code.
(I)(1) Except as provided in divisions (I)(2), (J), (K), and (N) of this section, whenever local authorities determine upon the basis of criteria established by an engineering study, as defined by the director, that the speed permitted by divisions (B)(1)(a) to (D) of this section, on any part of a highway under their jurisdiction, is greater than is reasonable and safe under the conditions found to exist at such location, the local authorities may by resolution request the director to determine and declare a reasonable and safe prima-facie speed limit. Upon receipt of such request the director may determine and declare a reasonable and safe prima-facie speed limit at such location, and if the director does so, then such declared speed limit shall become effective only when appropriate signs giving notice thereof are erected at such location by the local authorities. The director may withdraw the declaration of a prima-facie speed limit whenever in the director's opinion the altered prima-facie speed limit becomes unreasonable. Upon such withdrawal, the declared prima-facie speed limit shall become ineffective and the signs relating thereto shall be immediately removed by the local authorities.
(2) A local authority may determine on the basis of criteria established by an engineering study, as defined by the director, that the speed limit of sixty-five or seventy miles per hour on a portion of a freeway under its jurisdiction is greater than is reasonable or safe under the conditions found to exist at that portion of the freeway. If the local authority makes such a determination, the local authority by resolution may request the director to determine and declare a reasonable and safe speed limit of not less than fifty-five miles per hour for that portion of the freeway. If the director takes such action, the declared speed limit becomes effective only when appropriate signs giving notice of it are erected at such location by the local authority.
(J) Local authorities in their respective jurisdictions may authorize by ordinance higher prima-facie speeds than those stated in this section upon through highways, or upon highways or portions thereof where there are no intersections, or between widely spaced intersections, provided signs are erected giving notice of the authorized speed, but local authorities shall not modify or alter the basic rule set forth in division (A) of this section or in any event authorize by ordinance a speed in excess of the maximum speed permitted by division (D) of this section for the specified type of highway.
Alteration of prima-facie limits on state routes by local authorities shall not be effective until the alteration has been approved by the director. The director may withdraw approval of any altered prima-facie speed limits whenever in the director's opinion any altered prima-facie speed becomes unreasonable, and upon such withdrawal, the altered prima-facie speed shall become ineffective and the signs relating thereto shall be immediately removed by the local authorities.
(K)(1) As used in divisions (K)(1), (2), (3), and (4) of this section, "unimproved highway" means a highway consisting of any of the following:
(a) Unimproved earth;
(b) Unimproved graded and drained earth;
(c) Gravel.
(2) Except as otherwise provided in divisions (K)(4) and (5) of this section, whenever a board of township trustees determines upon the basis of criteria established by an engineering study, as defined by the director, that the speed permitted by division (B)(5) of this section on any part of an unimproved highway under its jurisdiction and in the unincorporated territory of the township is greater than is reasonable or safe under the conditions found to exist at the location, the board may by resolution declare a reasonable and safe prima-facie speed limit of fifty-five but not less than twenty-five miles per hour. An altered speed limit adopted by a board of township trustees under this division becomes effective when appropriate traffic control devices, as prescribed in section 4511.11 of the Revised Code, giving notice thereof are erected at the location, which shall be no sooner than sixty days after adoption of the resolution.
(3)(a) Whenever, in the opinion of a board of township trustees, any altered prima-facie speed limit established by the board under this division becomes unreasonable, the board may adopt a resolution withdrawing the altered prima-facie speed limit. Upon the adoption of such a resolution, the altered prima-facie speed limit becomes ineffective and the traffic control devices relating thereto shall be immediately removed.
(b) Whenever a highway ceases to be an unimproved highway and the board has adopted an altered prima-facie speed limit pursuant to division (K)(2) of this section, the board shall, by resolution, withdraw the altered prima-facie speed limit as soon as the highway ceases to be unimproved. Upon the adoption of such a resolution, the altered prima-facie speed limit becomes ineffective and the traffic control devices relating thereto shall be immediately removed.
(4)(a) If the boundary of two townships rests on the centerline of an unimproved highway in unincorporated territory and both townships have jurisdiction over the highway, neither of the boards of township trustees of such townships may declare an altered prima-facie speed limit pursuant to division (K)(2) of this section on the part of the highway under their joint jurisdiction unless the boards of township trustees of both of the townships determine, upon the basis of criteria established by an engineering study, as defined by the director, that the speed permitted by division (B)(5) of this section is greater than is reasonable or safe under the conditions found to exist at the location and both boards agree upon a reasonable and safe prima-facie speed limit of less than fifty-five but not less than twenty-five miles per hour for that location. If both boards so agree, each shall follow the procedure specified in division (K)(2) of this section for altering the prima-facie speed limit on the highway. Except as otherwise provided in division (K)(4)(b) of this section, no speed limit altered pursuant to division (K)(4)(a) of this section may be withdrawn unless the boards of township trustees of both townships determine that the altered prima-facie speed limit previously adopted becomes unreasonable and each board adopts a resolution withdrawing the altered prima-facie speed limit pursuant to the procedure specified in division (K)(3)(a) of this section.
(b) Whenever a highway described in division (K)(4)(a) of this section ceases to be an unimproved highway and two boards of township trustees have adopted an altered prima-facie speed limit pursuant to division (K)(4)(a) of this section, both boards shall, by resolution, withdraw the altered prima-facie speed limit as soon as the highway ceases to be unimproved. Upon the adoption of the resolution, the altered prima-facie speed limit becomes ineffective and the traffic control devices relating thereto shall be immediately removed.
(5) As used in division (K)(5) of this section:
(a) "Commercial subdivision" means any platted territory outside the limits of a municipal corporation and fronting a highway where, for a distance of three hundred feet or more, the frontage is improved with buildings in use for commercial purposes, or where the entire length of the highway is less than three hundred feet long and the frontage is improved with buildings in use for commercial purposes.
(b) "Residential subdivision" means any platted territory outside the limits of a municipal corporation and fronting a highway, where, for a distance of three hundred feet or more, the frontage is improved with residences or residences and buildings in use for business, or where the entire length of the highway is less than three hundred feet long and the frontage is improved with residences or residences and buildings in use for business.
Whenever a board of township trustees finds upon the basis of criteria established by an engineering study, as defined by the director, that the prima-facie speed permitted by division (B)(5) of this section on any part of a highway under its jurisdiction that is located in a commercial or residential subdivision, except on highways or portions thereof at the entrances to which vehicular traffic from the majority of intersecting highways is required to yield the right-of-way to vehicles on such highways in obedience to stop or yield signs or traffic control signals, is greater than is reasonable and safe under the conditions found to exist at the location, the board may by resolution declare a reasonable and safe prima-facie speed limit of less than fifty-five but not less than twenty-five miles per hour at the location. An altered speed limit adopted by a board of township trustees under this division shall become effective when appropriate signs giving notice thereof are erected at the location by the township. Whenever, in the opinion of a board of township trustees, any altered prima-facie speed limit established by it under this division becomes unreasonable, it may adopt a resolution withdrawing the altered prima-facie speed, and upon such withdrawal, the altered prima-facie speed shall become ineffective, and the signs relating thereto shall be immediately removed by the township.
(L)(1) The director of transportation, based upon an engineering study, as defined by the director, of a highway, expressway, or freeway described in division (B)(12), (13), (14), (15), or (16) of this section, in consultation with the director of public safety and, if applicable, the local authority having jurisdiction over the studied highway, expressway, or freeway, may determine and declare that the speed limit established on such highway, expressway, or freeway under division (B)(12), (13), (14), (15), or (16) of this section either is reasonable and safe or is more or less than that which is reasonable and safe.
(2) If the established speed limit for a highway, expressway, or freeway studied pursuant to division (L)(1) of this section is determined to be more or less than that which is reasonable and safe, the director of transportation, in consultation with the director of public safety and, if applicable, the local authority having jurisdiction over the studied highway, expressway, or freeway, shall determine and declare a reasonable and safe speed limit for that highway, expressway, or freeway.
(M)(1)(a) If the boundary of two local authorities rests on the centerline of a highway and both authorities have jurisdiction over the highway, the speed limit for the part of the highway within their joint jurisdiction shall be either one of the following as agreed to by both authorities:
(i) Either prima-facie speed limit permitted by division (B) of this section;
(ii) An altered speed limit determined and posted in accordance with this section.
(b) If the local authorities are unable to reach an agreement, the speed limit shall remain as established and posted under this section.
(2) Neither local authority may declare an altered prima-facie speed limit pursuant to this section on the part of the highway under their joint jurisdiction unless both of the local authorities determine, upon the basis of criteria established by an engineering study, as defined by the director, that the speed permitted by this section is greater than is reasonable or safe under the conditions found to exist at the location and both authorities agree upon a uniform reasonable and safe prima-facie speed limit of less than fifty-five but not less than twenty-five miles per hour for that location. If both authorities so agree, each shall follow the procedure specified in this section for altering the prima-facie speed limit on the highway, and the speed limit for the part of the highway within their joint jurisdiction shall be uniformly altered. No altered speed limit may be withdrawn unless both local authorities determine that the altered prima-facie speed limit previously adopted becomes unreasonable and each adopts a resolution withdrawing the altered prima-facie speed limit pursuant to the procedure specified in this section.
(N) The legislative authority of a municipal corporation or township in which a boarding school is located, by resolution or ordinance, may establish a boarding school zone. The legislative authority may alter the speed limit on any street or highway within the boarding school zone and shall specify the hours during which the altered speed limit is in effect. For purposes of determining the boundaries of the boarding school zone, the altered speed limit within the boarding school zone, and the hours the altered speed limit is in effect, the legislative authority shall consult with the administration of the boarding school and with the county engineer or other appropriate engineer, as applicable. A boarding school zone speed limit becomes effective only when appropriate signs giving notice thereof are erected at the appropriate locations.
(O) As used in this section:
(1) "Interstate system" has the same meaning as in 23 U.S.C. 101.
(2) "Commercial bus" means a motor vehicle designed for carrying more than nine passengers and used for the transportation of persons for compensation.
(3) "Noncommercial bus" includes but is not limited to a school bus or a motor vehicle operated solely for the transportation of persons associated with a charitable or nonprofit organization.
(4) "Outerbelt" means a portion of a freeway that is part of the interstate system and is located in the outer vicinity of a major municipal corporation or group of municipal corporations, as designated by the director.
(5) "Rural" means an area outside urbanized areas and outside of a business or urban district, and areas that extend within urbanized areas where the roadway characteristics remain mostly unchanged from those outside the urbanized areas.
(6) "Urbanized area" has the same meaning as in 23 U.S.C. 101.
(7) "Divided" means a roadway having two or more travel lanes for vehicles moving in opposite directions and that is separated by a median of more than four feet, excluding turn lanes.
(P)(1) A violation of any provision of this section is one of the following:
(a) Except as otherwise provided in divisions (P)(1)(b), (1)(c), (2), and (3) of this section, a minor misdemeanor;
(b) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two violations of any provision of this section or of any provision of a municipal ordinance that is substantially similar to any provision of this section, a misdemeanor of the fourth degree;
(c) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to three or more violations of any provision of this section or of any provision of a municipal ordinance that is substantially similar to any provision of this section, a misdemeanor of the third degree.
(2)
If the offender has
not previously been convicted of or pleaded guilty to a violation of
any provision of this section or of any provision of a municipal
ordinance that is substantially similar to this section and operated
a motor vehicle faster than thirty-five miles an hour in a business
district of a municipal corporation, faster than fifty miles an hour
in other portions of a municipal corporation, or faster than
thirty-five miles an hour in a school zone during recess or while
children are going to or leaving school during the school's opening
or closing hours, a misdemeanor of the fourth degree.
Division
(P)(2) of this section does not apply if penalties may be imposed
under division (P)(1)(b) or (c) of this section.
(3) Notwithstanding division (P)(1) of this section, if the offender operated a motor vehicle in a construction zone where a sign was then posted in accordance with section 4511.98 of the Revised Code, the court, in addition to all other penalties provided by law, shall impose upon the offender a fine of two times the usual amount imposed for the violation. No court shall impose a fine of two times the usual amount imposed for the violation upon an offender if the offender alleges, in an affidavit filed with the court prior to the offender's sentencing, that the offender is indigent and is unable to pay the fine imposed pursuant to this division and if the court determines that the offender is an indigent person and unable to pay the fine.
(4) If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under section 4511.991 of the Revised Code.
Sec. 4723.28. (A) The board of nursing, by a vote of a quorum, may impose one or more of the following sanctions if it finds that a person committed fraud in passing an examination required to obtain a license or dialysis technician certificate issued by the board or to have committed fraud, misrepresentation, or deception in applying for or securing any nursing license or dialysis technician certificate issued by the board: deny, revoke, suspend, or place restrictions on any nursing license or dialysis technician certificate issued by the board; reprimand or otherwise discipline a holder of a nursing license or dialysis technician certificate; or impose a fine of not more than five hundred dollars per violation.
(B) Except as provided in section 4723.092 of the Revised Code, the board of nursing, by a vote of a quorum, may impose one or more of the following sanctions: deny, revoke, suspend, or place restrictions on any nursing license or dialysis technician certificate issued by the board; reprimand or otherwise discipline a holder of a nursing license or dialysis technician certificate; or impose a fine of not more than five hundred dollars per violation. The sanctions may be imposed for any of the following:
(1) Denial, revocation, suspension, or restriction of authority to engage in a licensed profession or practice a health care occupation, including nursing or practice as a dialysis technician, for any reason other than a failure to renew, in Ohio or another state or jurisdiction;
(2) Engaging in the practice of nursing or engaging in practice as a dialysis technician, having failed to renew a nursing license or dialysis technician certificate issued under this chapter, or while a nursing license or dialysis technician certificate is under suspension;
(3) Conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for a pretrial diversion or similar program or for intervention in lieu of conviction for, a misdemeanor committed in the course of practice;
(4) Conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for a pretrial diversion or similar program or for intervention in lieu of conviction for, any felony or of any crime involving gross immorality or moral turpitude;
(5) Selling, giving away, or administering drugs or therapeutic devices for other than legal and legitimate therapeutic purposes; or conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for a pretrial diversion or similar program or for intervention in lieu of conviction for, violating any municipal, state, county, or federal drug law;
(6) Conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for a pretrial diversion or similar program or for intervention in lieu of conviction for, an act in another jurisdiction that would constitute a felony or a crime of moral turpitude in Ohio;
(7) Conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for a pretrial diversion or similar program or for intervention in lieu of conviction for, an act in the course of practice in another jurisdiction that would constitute a misdemeanor in Ohio;
(8) Self-administering or otherwise taking into the body any dangerous drug, as defined in section 4729.01 of the Revised Code, in any way that is not in accordance with a legal, valid prescription issued for that individual, or self-administering or otherwise taking into the body any drug that is a schedule I controlled substance;
(9) Habitual or excessive use of controlled substances, other habit-forming drugs, or alcohol or other chemical substances to an extent that impairs the individual's ability to provide safe nursing care or safe dialysis care;
(10) Impairment of the ability to practice according to acceptable and prevailing standards of safe nursing care or safe dialysis care because of the use of drugs, alcohol, or other chemical substances;
(11) Impairment of the ability to practice according to acceptable and prevailing standards of safe nursing care or safe dialysis care because of a physical or mental disability;
(12) Assaulting or causing harm to a patient or depriving a patient of the means to summon assistance;
(13) Misappropriation or attempted misappropriation of money or anything of value in the course of practice;
(14) Adjudication by a probate court of being mentally ill or mentally incompetent. The board may reinstate the person's nursing license or dialysis technician certificate upon adjudication by a probate court of the person's restoration to competency or upon submission to the board of other proof of competency.
(15) The suspension or termination of employment by the United States department of defense or department of veterans affairs for any act that violates or would violate this chapter;
(16) Violation of this chapter or any rules adopted under it;
(17) Violation of any restrictions placed by the board on a nursing license or dialysis technician certificate;
(18) Failure to use universal and standard precautions established by rules adopted under section 4723.07 of the Revised Code;
(19) Failure to practice in accordance with acceptable and prevailing standards of safe nursing care or safe dialysis care;
(20) In the case of a registered nurse, engaging in activities that exceed the practice of nursing as a registered nurse;
(21) In the case of a licensed practical nurse, engaging in activities that exceed the practice of nursing as a licensed practical nurse;
(22) In the case of a dialysis technician, engaging in activities that exceed those permitted under section 4723.72 of the Revised Code;
(23) Aiding and abetting a person in that person's practice of nursing without a license or practice as a dialysis technician without a certificate issued under this chapter;
(24) In the case of an advanced practice registered nurse, except as provided in division (M) of this section, either of the following:
(a) Waiving the payment of all or any part of a deductible or copayment that a patient, pursuant to a health insurance or health care policy, contract, or plan that covers such nursing services, would otherwise be required to pay if the waiver is used as an enticement to a patient or group of patients to receive health care services from that provider;
(b) Advertising that the nurse will waive the payment of all or any part of a deductible or copayment that a patient, pursuant to a health insurance or health care policy, contract, or plan that covers such nursing services, would otherwise be required to pay.
(25) Failure to comply with the terms and conditions of participation in the substance use disorder monitoring program established under section 4723.35 of the Revised Code;
(26) Failure to comply with the terms and conditions required under the practice intervention and improvement program established under section 4723.282 of the Revised Code;
(27) In the case of an advanced practice registered nurse:
(a) Engaging in activities that exceed those permitted for the nurse's nursing specialty under section 4723.43 of the Revised Code;
(b) Failure to meet the quality assurance standards established under section 4723.07 of the Revised Code.
(28) In the case of an advanced practice registered nurse other than a certified registered nurse anesthetist, failure to maintain a standard care arrangement in accordance with section 4723.431 of the Revised Code or to practice in accordance with the standard care arrangement;
(29) In the case of an advanced practice registered nurse who is designated as a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner, failure to prescribe drugs and therapeutic devices in accordance with section 4723.481 of the Revised Code;
(30) Prescribing any drug or device to perform or induce an abortion, or otherwise performing or inducing an abortion;
(31) Failure to establish and maintain professional boundaries with a patient, as specified in rules adopted under section 4723.07 of the Revised Code;
(32) Regardless of whether the contact or verbal behavior is consensual, engaging with a patient other than the spouse of the registered nurse, licensed practical nurse, or dialysis technician in any of the following:
(a) Sexual contact, as defined in section 2907.01 of the Revised Code;
(b) Verbal behavior that is sexually demeaning to the patient or may be reasonably interpreted by the patient as sexually demeaning.
(33) Assisting suicide, as defined in section 3795.01 of the Revised Code;
(34) Failure to comply with the requirements in section 3719.061 of the Revised Code before issuing for a minor a prescription for an opioid analgesic, as defined in section 3719.01 of the Revised Code;
(35) Failure to comply with section 4723.487 of the Revised Code, unless the state board of pharmacy no longer maintains a drug database pursuant to section 4729.75 of the Revised Code;
(36) The revocation, suspension, restriction, reduction, or termination of clinical privileges by the United States department of defense or department of veterans affairs or the termination or suspension of a certificate of registration to prescribe drugs by the drug enforcement administration of the United States department of justice;
(37) In the case of an advanced practice registered nurse who is designated as a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner, failure to comply with the terms of a consult agreement entered into with a pharmacist pursuant to section 4729.39 of the Revised Code.
(C) Disciplinary actions taken by the board under divisions (A) and (B) of this section shall be taken pursuant to an adjudication conducted under Chapter 119. of the Revised Code, except that in lieu of a hearing, the board may enter into a consent agreement with an individual to resolve an allegation of a violation of this chapter or any rule adopted under it. A consent agreement, when ratified by a vote of a quorum, shall constitute the findings and order of the board with respect to the matter addressed in the agreement. If the board refuses to ratify a consent agreement, the admissions and findings contained in the agreement shall be of no effect.
(D) The hearings of the board shall be conducted in accordance with Chapter 119. of the Revised Code, the board may appoint a hearing examiner, as provided in section 119.09 of the Revised Code, to conduct any hearing the board is authorized to hold under Chapter 119. of the Revised Code.
In any instance in which the board is required under Chapter 119. of the Revised Code to give notice of an opportunity for a hearing and the applicant, licensee, or certificate holder does not make a timely request for a hearing in accordance with section 119.07 of the Revised Code, the board is not required to hold a hearing, but may adopt, by a vote of a quorum, a final order that contains the board's findings. In the final order, the board may order any of the sanctions listed in division (A) or (B) of this section.
(E) If a criminal action is brought against a registered nurse, licensed practical nurse, or dialysis technician for an act or crime described in divisions (B)(3) to (7) of this section and the action is dismissed by the trial court other than on the merits, the board shall conduct an adjudication to determine whether the registered nurse, licensed practical nurse, or dialysis technician committed the act on which the action was based. If the board determines on the basis of the adjudication that the registered nurse, licensed practical nurse, or dialysis technician committed the act, or if the registered nurse, licensed practical nurse, or dialysis technician fails to participate in the adjudication, the board may take action as though the registered nurse, licensed practical nurse, or dialysis technician had been convicted of the act.
If the board takes action on the basis of a conviction, plea, or a judicial finding as described in divisions (B)(3) to (7) of this section that is overturned on appeal, the registered nurse, licensed practical nurse, or dialysis technician may, on exhaustion of the appeal process, petition the board for reconsideration of its action. On receipt of the petition and supporting court documents, the board shall temporarily rescind its action. If the board determines that the decision on appeal was a decision on the merits, it shall permanently rescind its action. If the board determines that the decision on appeal was not a decision on the merits, it shall conduct an adjudication to determine whether the registered nurse, licensed practical nurse, or dialysis technician committed the act on which the original conviction, plea, or judicial finding was based. If the board determines on the basis of the adjudication that the registered nurse, licensed practical nurse, or dialysis technician committed such act, or if the registered nurse, licensed practical nurse, or dialysis technician does not request an adjudication, the board shall reinstate its action; otherwise, the board shall permanently rescind its action.
Notwithstanding
the provision of division (C)(2)
(D)(2)
of
section 2953.32 of the Revised Code specifying that if records
pertaining to a criminal case are sealed or
expunged under
that section the proceedings in the case shall be deemed not to have
occurred, sealing or
expungement of
the following records on which the board has based an action under
this section shall have no effect on the board's action or any
sanction imposed by the board under this section: records of any
conviction, guilty plea, judicial finding of guilt resulting from a
plea of no contest, or a judicial finding of eligibility for a
pretrial diversion program or intervention in lieu of conviction.
The board shall not be required to seal, destroy, redact, or otherwise modify its records to reflect the court's sealing or expungement of conviction records.
(F) The board may investigate an individual's criminal background in performing its duties under this section. As part of such investigation, the board may order the individual to submit, at the individual's expense, a request to the bureau of criminal identification and investigation for a criminal records check and check of federal bureau of investigation records in accordance with the procedure described in section 4723.091 of the Revised Code.
(G) During the course of an investigation conducted under this section, the board may compel any registered nurse, licensed practical nurse, or dialysis technician or applicant under this chapter to submit to a mental or physical examination, or both, as required by the board and at the expense of the individual, if the board finds reason to believe that the individual under investigation may have a physical or mental impairment that may affect the individual's ability to provide safe nursing care. Failure of any individual to submit to a mental or physical examination when directed constitutes an admission of the allegations, unless the failure is due to circumstances beyond the individual's control, and a default and final order may be entered without the taking of testimony or presentation of evidence.
If the board finds that an individual is impaired, the board shall require the individual to submit to care, counseling, or treatment approved or designated by the board, as a condition for initial, continued, reinstated, or renewed authority to practice. The individual shall be afforded an opportunity to demonstrate to the board that the individual can begin or resume the individual's occupation in compliance with acceptable and prevailing standards of care under the provisions of the individual's authority to practice.
For purposes of this division, any registered nurse, licensed practical nurse, or dialysis technician or applicant under this chapter shall be deemed to have given consent to submit to a mental or physical examination when directed to do so in writing by the board, and to have waived all objections to the admissibility of testimony or examination reports that constitute a privileged communication.
(H) The board shall investigate evidence that appears to show that any person has violated any provision of this chapter or any rule of the board. Any person may report to the board any information the person may have that appears to show a violation of any provision of this chapter or rule of the board. In the absence of bad faith, any person who reports such information or who testifies before the board in any adjudication conducted under Chapter 119. of the Revised Code shall not be liable for civil damages as a result of the report or testimony.
(I) All of the following apply under this chapter with respect to the confidentiality of information:
(1) Information received by the board pursuant to a complaint or an investigation is confidential and not subject to discovery in any civil action, except that the board may disclose information to law enforcement officers and government entities for purposes of an investigation of either a licensed health care professional, including a registered nurse, licensed practical nurse, or dialysis technician, or a person who may have engaged in the unauthorized practice of nursing or dialysis care. No law enforcement officer or government entity with knowledge of any information disclosed by the board pursuant to this division shall divulge the information to any other person or government entity except for the purpose of a government investigation, a prosecution, or an adjudication by a court or government entity.
(2) If an investigation requires a review of patient records, the investigation and proceeding shall be conducted in such a manner as to protect patient confidentiality.
(3) All adjudications and investigations of the board shall be considered civil actions for the purposes of section 2305.252 of the Revised Code.
(4) Any board activity that involves continued monitoring of an individual as part of or following any disciplinary action taken under this section shall be conducted in a manner that maintains the individual's confidentiality. Information received or maintained by the board with respect to the board's monitoring activities is not subject to discovery in any civil action and is confidential, except that the board may disclose information to law enforcement officers and government entities for purposes of an investigation of a licensee or certificate holder.
(J) Any action taken by the board under this section resulting in a suspension from practice shall be accompanied by a written statement of the conditions under which the person may be reinstated to practice.
(K) When the board refuses to grant a license or certificate to an applicant, revokes a license or certificate, or refuses to reinstate a license or certificate, the board may specify that its action is permanent. An individual subject to permanent action taken by the board is forever ineligible to hold a license or certificate of the type that was refused or revoked and the board shall not accept from the individual an application for reinstatement of the license or certificate or for a new license or certificate.
(L) No unilateral surrender of a nursing license or dialysis technician certificate issued under this chapter shall be effective unless accepted by majority vote of the board. No application for a nursing license or dialysis technician certificate issued under this chapter may be withdrawn without a majority vote of the board. The board's jurisdiction to take disciplinary action under this section is not removed or limited when an individual has a license or certificate classified as inactive or fails to renew a license or certificate.
(M) Sanctions shall not be imposed under division (B)(24) of this section against any licensee who waives deductibles and copayments as follows:
(1) In compliance with the health benefit plan that expressly allows such a practice. Waiver of the deductibles or copayments shall be made only with the full knowledge and consent of the plan purchaser, payer, and third-party administrator. Documentation of the consent shall be made available to the board upon request.
(2) For professional services rendered to any other person licensed pursuant to this chapter to the extent allowed by this chapter and the rules of the board.
Sec. 4729.16. (A)(1) The state board of pharmacy, after notice and hearing in accordance with Chapter 119. of the Revised Code, may impose any one or more of the following sanctions on a pharmacist or pharmacy intern if the board finds the individual engaged in any of the conduct set forth in division (A)(2) of this section:
(a) Revoke, suspend, restrict, limit, or refuse to grant or renew a license;
(b) Reprimand or place the license holder on probation;
(c) Impose a monetary penalty or forfeiture not to exceed in severity any fine designated under the Revised Code for a similar offense, or in the case of a violation of a section of the Revised Code that does not bear a penalty, a monetary penalty or forfeiture of not more than five hundred dollars.
(2) Except as provided in division (I) of this section, the board may impose the sanctions listed in division (A)(1) of this section if the board finds a pharmacist or pharmacy intern:
(a) Has been convicted of a felony, or a crime of moral turpitude, as defined in section 4776.10 of the Revised Code;
(b) Engaged in dishonesty or unprofessional conduct in the practice of pharmacy;
(c) Is addicted to or abusing alcohol or drugs or is impaired physically or mentally to such a degree as to render the pharmacist or pharmacy intern unfit to practice pharmacy;
(d) Has been convicted of a misdemeanor related to, or committed in, the practice of pharmacy;
(e) Violated, conspired to violate, attempted to violate, or aided and abetted the violation of any of the provisions of this chapter, sections 3715.52 to 3715.72 of the Revised Code, Chapter 2925. or 3719. of the Revised Code, or any rule adopted by the board under those provisions;
(f) Permitted someone other than a pharmacist or pharmacy intern to practice pharmacy;
(g) Knowingly lent the pharmacist's or pharmacy intern's name to an illegal practitioner of pharmacy or had a professional connection with an illegal practitioner of pharmacy;
(h) Divided or agreed to divide remuneration made in the practice of pharmacy with any other individual, including, but not limited to, any licensed health professional authorized to prescribe drugs or any owner, manager, or employee of a health care facility, residential care facility, or nursing home;
(i) Violated the terms of a consult agreement entered into pursuant to section 4729.39 of the Revised Code;
(j) Committed fraud, misrepresentation, or deception in applying for or securing a license issued by the board under this chapter or under Chapter 3715. or 3719. of the Revised Code;
(k) Failed to comply with an order of the board or a settlement agreement;
(l) Engaged in any other conduct for which the board may impose discipline as set forth in rules adopted under section 4729.26 of the Revised Code.
(B) Any individual whose license is revoked, suspended, or refused, shall return the license to the offices of the state board of pharmacy within ten days after receipt of notice of such action.
(C) As used in this section:
"Unprofessional conduct in the practice of pharmacy" includes any of the following:
(1) Advertising or displaying signs that promote dangerous drugs to the public in a manner that is false or misleading;
(2) Except as provided in section 4729.281, 4729.44, or 4729.47 of the Revised Code, the dispensing or sale of any drug for which a prescription is required, without having received a prescription for the drug;
(3) Knowingly dispensing medication pursuant to false or forged prescriptions;
(4) Knowingly failing to maintain complete and accurate records of all dangerous drugs received or dispensed in compliance with federal laws and regulations and state laws and rules;
(5) Obtaining any remuneration by fraud, misrepresentation, or deception;
(6) Failing to conform to prevailing standards of care of similar pharmacists or pharmacy interns under the same or similar circumstances, whether or not actual injury to a patient is established;
(7) Engaging in any other conduct that the board specifies as unprofessional conduct in the practice of pharmacy in rules adopted under section 4729.26 of the Revised Code.
(D) The board may suspend a license under division (B) of section 3719.121 of the Revised Code by utilizing a telephone conference call to review the allegations and take a vote.
(E) For purposes of this division, an individual authorized to practice as a pharmacist or pharmacy intern accepts the privilege of practicing in this state subject to supervision by the board. By filing an application for or holding a license to practice as a pharmacist or pharmacy intern, an individual gives consent to submit to a mental or physical examination when ordered to do so by the board in writing and waives all objections to the admissibility of testimony or examination reports that constitute privileged communications.
If the board has reasonable cause to believe that an individual who is a pharmacist or pharmacy intern is physically or mentally impaired, the board may require the individual to submit to a physical or mental examination, or both. The expense of the examination is the responsibility of the individual required to be examined.
Failure of an individual who is a pharmacist or pharmacy intern to submit to a physical or mental examination ordered by the board, unless the failure is due to circumstances beyond the individual's control, constitutes an admission of the allegations and a suspension order shall be entered without the taking of testimony or presentation of evidence. Any subsequent adjudication hearing under Chapter 119. of the Revised Code concerning failure to submit to an examination is limited to consideration of whether the failure was beyond the individual's control.
If, based on the results of an examination ordered under this division, the board determines that the individual's ability to practice is impaired, the board shall suspend the individual's license or deny the individual's application and shall require the individual, as a condition for an initial, continued, reinstated, or renewed license to practice, to submit to a physical or mental examination and treatment.
An order of suspension issued under this division shall not be subject to suspension by a court during pendency of any appeal filed under section 119.12 of the Revised Code.
(F) If the board is required under Chapter 119. of the Revised Code to give notice of an opportunity for a hearing and the applicant or licensee does not make a timely request for a hearing in accordance with section 119.07 of the Revised Code, the board is not required to hold a hearing, but may adopt a final order that contains the board's findings. In the final order, the board may impose any of the sanctions listed in division (A) of this section.
(G)
Notwithstanding the provision of division (C)(2)
(D)(2)
of
section 2953.32 of the Revised Code specifying that if records
pertaining to a criminal case are sealed or
expunged under
that section the proceedings in the case must be deemed not to have
occurred, sealing or
expungement of
the following records on which the board has based an action under
this section shall have no effect on the board's action or any
sanction imposed by the board under this section: records of any
conviction, guilty plea, judicial finding of guilt resulting from a
plea of no contest, or a judicial finding of eligibility for a
pretrial diversion program or intervention in lieu of conviction. The
board shall not be required to seal, destroy, redact, or otherwise
modify its records to reflect the court's sealing or
expungement of
conviction records.
(H) No pharmacist or pharmacy intern shall knowingly engage in any conduct described in divisions (A)(2)(b) or (A)(2)(e) to (l) of this section.
(I) The board shall not refuse to issue a license to an applicant for a conviction of an offense unless the refusal is in accordance with section 9.79 of the Revised Code.
Sec. 4729.56. (A)(1) The state board of pharmacy, in accordance with Chapter 119. of the Revised Code, may impose any one or more of the following sanctions on a person licensed under division (B)(1)(a) of section 4729.52 of the Revised Code for any of the causes set forth in division (A)(2) of this section:
(a) Suspend, revoke, restrict, limit, or refuse to grant or renew a license;
(b) Reprimand or place the license holder on probation;
(c) Impose a monetary penalty or forfeiture not to exceed in severity any fine designated under the Revised Code for a similar offense or two thousand five hundred dollars if the acts committed are not classified as an offense by the Revised Code;
(2) The board may impose the sanctions set forth in division (A)(1) of this section for any of the following:
(a) Making any false material statements in an application for licensure under section 4729.52 of the Revised Code;
(b) Violating any federal, state, or local drug law; any provision of this chapter or Chapter 2925., 3715., or 3719. of the Revised Code; or any rule of the board;
(c) A conviction of a felony;
(d) Failing to satisfy the qualifications for licensure under section 4729.53 of the Revised Code or the rules of the board or ceasing to satisfy the qualifications after the registration is granted or renewed;
(e) Falsely or fraudulently promoting to the public a drug that is a controlled substance included in schedule I, II, III, IV, or V, except that nothing in this division prohibits a manufacturer, outsourcing facility, third-party logistics provider, repackager, or wholesale distributor of dangerous drugs from furnishing information concerning a controlled substance to a health care provider or licensed terminal distributor;
(f) Violating any provision of the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C. 301, or Chapter 3715. of the Revised Code;
(g) Any other cause for which the board may impose sanctions as set forth in rules adopted under section 4729.26 of the Revised Code.
(B) Upon the suspension or revocation of any license identified in division (B)(1)(a) of section 4729.52 of the Revised Code, the licensee shall immediately surrender the license to the board.
(C) If the board suspends, revokes, or refuses to renew any license identified in division (B)(1)(a) of section 4729.52 of the Revised Code and determines that there is clear and convincing evidence of a danger of immediate and serious harm to any person, the board may place under seal all dangerous drugs owned by or in the possession, custody, or control of the affected licensee. Except as provided in this division, the board shall not dispose of the dangerous drugs sealed under this division until the licensee exhausts all of the licensee's appeal rights under Chapter 119. of the Revised Code. The court involved in such an appeal may order the board, during the pendency of the appeal, to sell sealed dangerous drugs that are perishable. The board shall deposit the proceeds of the sale with the court.
(D) If the board is required under Chapter 119. of the Revised Code to give notice of an opportunity for a hearing and the license holder does not make a timely request for a hearing in accordance with section 119.07 of the Revised Code, the board is not required to hold a hearing, but may adopt a final order that contains the board's findings. In the final order, the board may impose any of the sanctions listed in division (A) of this section.
(E)
Notwithstanding division (C)(2)
(D)(2)
of
section 2953.32 of the Revised Code specifying that if records
pertaining to a criminal case are sealed or
expunged under
that section the proceedings in the case must be deemed not to have
occurred, sealing or
expungement of
the following records on which the board has based an action under
this section shall have no effect on the board's action or any
sanction imposed by the board under this section: records of any
conviction, guilty plea, judicial finding of guilt resulting from a
plea of no contest, or a judicial finding of eligibility for a
pretrial diversion program or intervention in lieu of conviction. The
board is not required to seal, destroy, redact, or otherwise modify
its records to reflect the court's sealing or
expungement of
conviction records.
Sec. 4729.57. (A) The state board of pharmacy may after notice and a hearing in accordance with Chapter 119. of the Revised Code, impose any one or more of the following sanctions on a terminal distributor of dangerous drugs for any of the causes set forth in division (B) of this section:
(1) Suspend, revoke, restrict, limit, or refuse to grant or renew any license;
(2) Reprimand or place the license holder on probation;
(3) Impose a monetary penalty or forfeiture not to exceed in severity any fine designated under the Revised Code for a similar offense or one thousand dollars if the acts committed have not been classified as an offense by the Revised Code.
(B) The board may impose the sanctions listed in division (A) of this section for any of the following:
(1) Making any false material statements in an application for a license as a terminal distributor of dangerous drugs;
(2) Violating any rule of the board;
(3) Violating any provision of this chapter;
(4) Except as provided in section 4729.89 of the Revised Code, violating any provision of the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, or Chapter 3715. of the Revised Code;
(5) Violating any provision of the federal drug abuse control laws or Chapter 2925. or 3719. of the Revised Code;
(6) Falsely or fraudulently promoting to the public a dangerous drug, except that nothing in this division prohibits a terminal distributor of dangerous drugs from furnishing information concerning a dangerous drug to a health care provider or another licensed terminal distributor;
(7) Ceasing to satisfy the qualifications of a terminal distributor of dangerous drugs set forth in section 4729.55 of the Revised Code;
(8) Except as provided in division (C) of this section:
(a) Waiving the payment of all or any part of a deductible or copayment that an individual, pursuant to a health insurance or health care policy, contract, or plan that covers the services provided by a terminal distributor of dangerous drugs, would otherwise be required to pay for the services if the waiver is used as an enticement to a patient or group of patients to receive pharmacy services from that terminal distributor;
(b) Advertising that the terminal distributor will waive the payment of all or any part of a deductible or copayment that an individual, pursuant to a health insurance or health care policy, contract, or plan that covers the pharmaceutical services, would otherwise be required to pay for the services.
(9) Conviction of a felony;
(10) Any other cause for which the board may impose discipline as set forth in rules adopted under section 4729.26 of the Revised Code.
(C) Sanctions shall not be imposed under division (B)(8) of this section against any terminal distributor of dangerous drugs that waives deductibles and copayments as follows:
(1) In compliance with a health benefit plan that expressly allows such a practice. Waiver of the deductibles or copayments shall be made only with the full knowledge and consent of the plan purchaser, payer, and third-party administrator. Documentation of the consent shall be made available to the board on request.
(2) For professional services rendered to any other person licensed pursuant to this chapter to the extent allowed by this chapter and the rules of the board.
(D)(1) Upon the suspension or revocation of a license issued to a terminal distributor of dangerous drugs or the refusal by the board to renew such a license, the distributor shall immediately surrender the license to the board.
(2)(a) The board may place under seal all dangerous drugs that are owned by or in the possession, custody, or control of a terminal distributor at the time the license is suspended or revoked or at the time the board refuses to renew the license. Except as provided in division (D)(2)(b) of this section, dangerous drugs so sealed shall not be disposed of until appeal rights under Chapter 119. of the Revised Code have expired or an appeal filed pursuant to that chapter has been determined.
(b) The court involved in an appeal filed pursuant to Chapter 119. of the Revised Code may order the board, during the pendency of the appeal, to sell sealed dangerous drugs that are perishable. The proceeds of such a sale shall be deposited with that court.
(E) If the board is required under Chapter 119. of the Revised Code to give notice of an opportunity for a hearing and the license holder does not make a timely request for a hearing in accordance with section 119.07 of the Revised Code, the board is not required to hold a hearing, but may adopt a final order that contains the board's findings. In the final order, the board may impose any of the sanctions listed in division (A) of this section.
(F)
Notwithstanding division (C)(2)
(D)(2)
of
section 2953.32 of the Revised Code specifying that if records
pertaining to a criminal case are sealed or
expunged under
that section the proceedings in the case must be deemed not to have
occurred, sealing or
expungement of
the following records on which the board has based an action under
this section shall have no effect on the board's action or any
sanction imposed by the board under this section: records of any
conviction, guilty plea, judicial finding of guilt resulting from a
plea of no contest, or a judicial finding of eligibility for a
pretrial diversion program or intervention in lieu of conviction. The
board is not required to seal, destroy, redact, or otherwise modify
its records to reflect the court's sealing or
expungement of
conviction records.
Sec. 4729.96. (A)(1) The state board of pharmacy, after notice and hearing in accordance with Chapter 119. of the Revised Code, may impose one or more of the following sanctions on a pharmacy technician trainee, registered pharmacy technician, or certified pharmacy technician if the board finds the individual engaged in any of the conduct set forth in division (A)(2) of this section:
(a) Revoke, suspend, restrict, limit, or refuse to grant or renew a registration;
(b) Reprimand or place the holder of the registration on probation;
(c) Impose a monetary penalty or forfeiture not to exceed in severity any fine designated under the Revised Code for a similar offense, or in the case of a violation of a section of the Revised Code that does not bear a penalty, a monetary penalty or forfeiture of not more than five hundred dollars.
(2) Except as provided in division (G) of this section, the board may impose the sanctions listed in division (A)(1) of this section if the board finds a pharmacy technician trainee, registered pharmacy technician, or certified pharmacy technician:
(a) Has been convicted of a felony, or a crime of moral turpitude, as defined in section 4776.10 of the Revised Code;
(b) Engaged in dishonesty or unprofessional conduct, as prescribed in rules adopted by the board under section 4729.94 of the Revised Code;
(c) Is addicted to or abusing alcohol or drugs or impaired physically or mentally to such a degree as to render the individual unable to perform the individual's duties;
(d) Violated, conspired to violate, attempted to violate, or aided and abetted the violation of any of the provisions of this chapter, sections 3715.52 to 3715.72 of the Revised Code, Chapter 2925. or 3719. of the Revised Code, or any rule adopted by the board under those provisions;
(e) Committed fraud, misrepresentation, or deception in applying for or securing a registration issued by the board under this chapter;
(f) Failed to comply with an order of the board or a settlement agreement;
(g) Engaged in any other conduct for which the board may impose discipline as set forth in rules adopted by the board under section 4729.94 of the Revised Code.
(B) The board may suspend a registration under division (B) of section 3719.121 of the Revised Code by utilizing a telephone conference call to review the allegations and take a vote.
(C) For purposes of this division, an individual authorized to practice as a pharmacy technician trainee, registered pharmacy technician, or certified pharmacy technician accepts the privilege of practicing in this state subject to supervision by the board. By filing an application for or holding a registration under this chapter, the individual gives consent to submit to a mental or physical examination when ordered to do so by the board in writing and waives all objections to the admissibility of testimony or examination reports that constitute privileged communications.
If the board has reasonable cause to believe that an individual who is a pharmacy technician trainee, registered pharmacy technician, or certified pharmacy technician is physically or mentally impaired, the board may require the individual to submit to a physical or mental examination, or both. The expense of the examination is the responsibility of the individual required to be examined.
Failure of an individual who is a pharmacy technician trainee, registered pharmacy technician, or certified pharmacy technician to submit to a physical or mental examination ordered by the board, unless the failure is due to circumstances beyond the individual's control, constitutes an admission of the allegations and a suspension order shall be entered without the taking of testimony or presentation of evidence. Any subsequent adjudication hearing under Chapter 119. of the Revised Code concerning failure to submit to an examination is limited to consideration of whether the failure was beyond the individual's control.
If, based on the results of an examination ordered under this division, the board determines that the individual's ability to practice is impaired, the board shall suspend the individual's registration or deny the individual's application and shall require the individual, as a condition for an initial, continued, reinstated, or renewed registration to practice, to submit to a physical or mental examination and treatment.
An order of suspension issued under this division shall not be subject to suspension by a court during pendency of any appeal filed under section 119.12 of the Revised Code.
(D) If the board is required under Chapter 119. of the Revised Code to give notice of an opportunity for a hearing and the applicant or registrant does not make a timely request for a hearing in accordance with section 119.07 of the Revised Code, the board is not required to hold a hearing, but may adopt a final order that contains the board's findings. In the final order, the board may impose any of the sanctions listed in division (A) of this section.
(E)
Notwithstanding the provision of division (C)(2)
(D)(2)
of
section 2953.32 of the Revised Code specifying that if records
pertaining to a criminal case are sealed or
expunged under
that section the proceedings in the case must be deemed not to have
occurred, sealing or
expungement of
the following records on which the board has based an action under
this section shall have no effect on the board's action or any
sanction imposed by the board under this section: records of any
conviction, guilty plea, judicial finding of guilt resulting from a
plea of no contest, or a judicial finding of eligibility for a
pretrial diversion program or intervention in lieu of conviction. The
board shall not be required to seal, destroy, redact, or otherwise
modify its records to reflect the court's sealing or
expungement of
conviction records.
(F) No pharmacy technician trainee, registered pharmacy technician, or certified pharmacy technician shall knowingly engage in any conduct described in divisions (A)(2)(b) or (A)(2)(d) to (g) of this section.
(G) The board shall not refuse to issue a registration to an applicant because of a conviction of an offense unless the refusal is in accordance with section 9.79 of the Revised Code.
Sec. 4730.25. (A) The state medical board, by an affirmative vote of not fewer than six members, may revoke or may refuse to grant a license to practice as a physician assistant to a person found by the board to have committed fraud, misrepresentation, or deception in applying for or securing the license.
(B) Except as provided in division (N) of this section, the board, by an affirmative vote of not fewer than six members, shall, to the extent permitted by law, limit, revoke, or suspend an individual's license to practice as a physician assistant or prescriber number, refuse to issue a license to an applicant, refuse to renew a license, refuse to reinstate a license, or reprimand or place on probation the holder of a license for any of the following reasons:
(1) Failure to practice in accordance with the supervising physician's supervision agreement with the physician assistant, including, if applicable, the policies of the health care facility in which the supervising physician and physician assistant are practicing;
(2) Failure to comply with the requirements of this chapter, Chapter 4731. of the Revised Code, or any rules adopted by the board;
(3) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter, Chapter 4731. of the Revised Code, or the rules adopted by the board;
(4) Inability to practice according to acceptable and prevailing standards of care by reason of mental illness or physical illness, including physical deterioration that adversely affects cognitive, motor, or perceptive skills;
(5) Impairment of ability to practice according to acceptable and prevailing standards of care because of habitual or excessive use or abuse of drugs, alcohol, or other substances that impair ability to practice;
(6) Administering drugs for purposes other than those authorized under this chapter;
(7) Willfully betraying a professional confidence;
(8) Making a false, fraudulent, deceptive, or misleading statement in soliciting or advertising for employment as a physician assistant; in connection with any solicitation or advertisement for patients; in relation to the practice of medicine as it pertains to physician assistants; or in securing or attempting to secure a license to practice as a physician assistant.
As used in this division, "false, fraudulent, deceptive, or misleading statement" means a statement that includes a misrepresentation of fact, is likely to mislead or deceive because of a failure to disclose material facts, is intended or is likely to create false or unjustified expectations of favorable results, or includes representations or implications that in reasonable probability will cause an ordinarily prudent person to misunderstand or be deceived.
(9) Representing, with the purpose of obtaining compensation or other advantage personally or for any other person, that an incurable disease or injury, or other incurable condition, can be permanently cured;
(10) The obtaining of, or attempting to obtain, money or anything of value by fraudulent misrepresentations in the course of practice;
(11) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a felony;
(12) Commission of an act that constitutes a felony in this state, regardless of the jurisdiction in which the act was committed;
(13) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a misdemeanor committed in the course of practice;
(14) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a misdemeanor involving moral turpitude;
(15) Commission of an act in the course of practice that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed;
(16) Commission of an act involving moral turpitude that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed;
(17) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for violating any state or federal law regulating the possession, distribution, or use of any drug, including trafficking in drugs;
(18) Any of the following actions taken by the state agency responsible for regulating the practice of physician assistants in another state, for any reason other than the nonpayment of fees: the limitation, revocation, or suspension of an individual's license to practice; acceptance of an individual's license surrender; denial of a license; refusal to renew or reinstate a license; imposition of probation; or issuance of an order of censure or other reprimand;
(19) A departure from, or failure to conform to, minimal standards of care of similar physician assistants under the same or similar circumstances, regardless of whether actual injury to a patient is established;
(20) Violation of the conditions placed by the board on a license to practice as a physician assistant;
(21) Failure to use universal blood and body fluid precautions established by rules adopted under section 4731.051 of the Revised Code;
(22) Failure to cooperate in an investigation conducted by the board under section 4730.26 of the Revised Code, including failure to comply with a subpoena or order issued by the board or failure to answer truthfully a question presented by the board at a deposition or in written interrogatories, except that failure to cooperate with an investigation shall not constitute grounds for discipline under this section if a court of competent jurisdiction has issued an order that either quashes a subpoena or permits the individual to withhold the testimony or evidence in issue;
(23) Assisting suicide, as defined in section 3795.01 of the Revised Code;
(24) Prescribing any drug or device to perform or induce an abortion, or otherwise performing or inducing an abortion;
(25) Failure to comply with section 4730.53 of the Revised Code, unless the board no longer maintains a drug database pursuant to section 4729.75 of the Revised Code;
(26) Failure to comply with the requirements in section 3719.061 of the Revised Code before issuing for a minor a prescription for an opioid analgesic, as defined in section 3719.01 of the Revised Code;
(27) Having certification by the national commission on certification of physician assistants or a successor organization expire, lapse, or be suspended or revoked;
(28) The revocation, suspension, restriction, reduction, or termination of clinical privileges by the United States department of defense or department of veterans affairs or the termination or suspension of a certificate of registration to prescribe drugs by the drug enforcement administration of the United States department of justice;
(29) Failure to comply with terms of a consult agreement entered into with a pharmacist pursuant to section 4729.39 of the Revised Code.
(C) Disciplinary actions taken by the board under divisions (A) and (B) of this section shall be taken pursuant to an adjudication under Chapter 119. of the Revised Code, except that in lieu of an adjudication, the board may enter into a consent agreement with a physician assistant or applicant to resolve an allegation of a violation of this chapter or any rule adopted under it. A consent agreement, when ratified by an affirmative vote of not fewer than six members of the board, shall constitute the findings and order of the board with respect to the matter addressed in the agreement. If the board refuses to ratify a consent agreement, the admissions and findings contained in the consent agreement shall be of no force or effect.
(D) For purposes of divisions (B)(12), (15), and (16) of this section, the commission of the act may be established by a finding by the board, pursuant to an adjudication under Chapter 119. of the Revised Code, that the applicant or license holder committed the act in question. The board shall have no jurisdiction under these divisions in cases where the trial court renders a final judgment in the license holder's favor and that judgment is based upon an adjudication on the merits. The board shall have jurisdiction under these divisions in cases where the trial court issues an order of dismissal upon technical or procedural grounds.
(E) The sealing or expungement of conviction records by any court shall have no effect upon a prior board order entered under the provisions of this section or upon the board's jurisdiction to take action under the provisions of this section if, based upon a plea of guilty, a judicial finding of guilt, or a judicial finding of eligibility for intervention in lieu of conviction, the board issued a notice of opportunity for a hearing prior to the court's order to seal or expunge the records. The board shall not be required to seal, destroy, redact, or otherwise modify its records to reflect the court's sealing or expungement of conviction records.
(F) For purposes of this division, any individual who holds a license issued under this chapter, or applies for a license issued under this chapter, shall be deemed to have given consent to submit to a mental or physical examination when directed to do so in writing by the board and to have waived all objections to the admissibility of testimony or examination reports that constitute a privileged communication.
(1) In enforcing division (B)(4) of this section, the board, upon a showing of a possible violation, may compel any individual who holds a license issued under this chapter or who has applied for a license pursuant to this chapter to submit to a mental examination, physical examination, including an HIV test, or both a mental and physical examination. The expense of the examination is the responsibility of the individual compelled to be examined. Failure to submit to a mental or physical examination or consent to an HIV test ordered by the board constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individual's control, and a default and final order may be entered without the taking of testimony or presentation of evidence. If the board finds a physician assistant unable to practice because of the reasons set forth in division (B)(4) of this section, the board shall require the physician assistant to submit to care, counseling, or treatment by physicians approved or designated by the board, as a condition for an initial, continued, reinstated, or renewed license. An individual affected under this division shall be afforded an opportunity to demonstrate to the board the ability to resume practicing in compliance with acceptable and prevailing standards of care.
(2) For purposes of division (B)(5) of this section, if the board has reason to believe that any individual who holds a license issued under this chapter or any applicant for a license suffers such impairment, the board may compel the individual to submit to a mental or physical examination, or both. The expense of the examination is the responsibility of the individual compelled to be examined. Any mental or physical examination required under this division shall be undertaken by a treatment provider or physician qualified to conduct such examination and chosen by the board.
Failure to submit to a mental or physical examination ordered by the board constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individual's control, and a default and final order may be entered without the taking of testimony or presentation of evidence. If the board determines that the individual's ability to practice is impaired, the board shall suspend the individual's license or deny the individual's application and shall require the individual, as a condition for initial, continued, reinstated, or renewed licensure, to submit to treatment.
Before being eligible to apply for reinstatement of a license suspended under this division, the physician assistant shall demonstrate to the board the ability to resume practice or prescribing in compliance with acceptable and prevailing standards of care. The demonstration shall include the following:
(a) Certification from a treatment provider approved under section 4731.25 of the Revised Code that the individual has successfully completed any required inpatient treatment;
(b) Evidence of continuing full compliance with an aftercare contract or consent agreement;
(c) Two written reports indicating that the individual's ability to practice has been assessed and that the individual has been found capable of practicing according to acceptable and prevailing standards of care. The reports shall be made by individuals or providers approved by the board for making such assessments and shall describe the basis for their determination.
The board may reinstate a license suspended under this division after such demonstration and after the individual has entered into a written consent agreement.
When the impaired physician assistant resumes practice or prescribing, the board shall require continued monitoring of the physician assistant. The monitoring shall include compliance with the written consent agreement entered into before reinstatement or with conditions imposed by board order after a hearing, and, upon termination of the consent agreement, submission to the board for at least two years of annual written progress reports made under penalty of falsification stating whether the physician assistant has maintained sobriety.
(G) If the secretary and supervising member determine that there is clear and convincing evidence that a physician assistant has violated division (B) of this section and that the individual's continued practice or prescribing presents a danger of immediate and serious harm to the public, they may recommend that the board suspend the individual's license without a prior hearing. Written allegations shall be prepared for consideration by the board.
The board, upon review of those allegations and by an affirmative vote of not fewer than six of its members, excluding the secretary and supervising member, may suspend a license without a prior hearing. A telephone conference call may be utilized for reviewing the allegations and taking the vote on the summary suspension.
The board shall issue a written order of suspension by certified mail or in person in accordance with section 119.07 of the Revised Code. The order shall not be subject to suspension by the court during pendency of any appeal filed under section 119.12 of the Revised Code. If the physician assistant requests an adjudicatory hearing by the board, the date set for the hearing shall be within fifteen days, but not earlier than seven days, after the physician assistant requests the hearing, unless otherwise agreed to by both the board and the license holder.
A summary suspension imposed under this division shall remain in effect, unless reversed on appeal, until a final adjudicative order issued by the board pursuant to this section and Chapter 119. of the Revised Code becomes effective. The board shall issue its final adjudicative order within sixty days after completion of its hearing. Failure to issue the order within sixty days shall result in dissolution of the summary suspension order, but shall not invalidate any subsequent, final adjudicative order.
(H) If the board takes action under division (B)(11), (13), or (14) of this section, and the judicial finding of guilt, guilty plea, or judicial finding of eligibility for intervention in lieu of conviction is overturned on appeal, upon exhaustion of the criminal appeal, a petition for reconsideration of the order may be filed with the board along with appropriate court documents. Upon receipt of a petition and supporting court documents, the board shall reinstate the individual's license. The board may then hold an adjudication under Chapter 119. of the Revised Code to determine whether the individual committed the act in question. Notice of opportunity for hearing shall be given in accordance with Chapter 119. of the Revised Code. If the board finds, pursuant to an adjudication held under this division, that the individual committed the act, or if no hearing is requested, it may order any of the sanctions identified under division (B) of this section.
(I) The license to practice issued to a physician assistant and the physician assistant's practice in this state are automatically suspended as of the date the physician assistant pleads guilty to, is found by a judge or jury to be guilty of, or is subject to a judicial finding of eligibility for intervention in lieu of conviction in this state or treatment or intervention in lieu of conviction in another state for any of the following criminal offenses in this state or a substantially equivalent criminal offense in another jurisdiction: aggravated murder, murder, voluntary manslaughter, felonious assault, kidnapping, rape, sexual battery, gross sexual imposition, aggravated arson, aggravated robbery, or aggravated burglary. Continued practice after the suspension shall be considered practicing without a license.
The board shall notify the individual subject to the suspension by certified mail or in person in accordance with section 119.07 of the Revised Code. If an individual whose license is suspended under this division fails to make a timely request for an adjudication under Chapter 119. of the Revised Code, the board shall enter a final order permanently revoking the individual's license to practice.
(J) In any instance in which the board is required by Chapter 119. of the Revised Code to give notice of opportunity for hearing and the individual subject to the notice does not timely request a hearing in accordance with section 119.07 of the Revised Code, the board is not required to hold a hearing, but may adopt, by an affirmative vote of not fewer than six of its members, a final order that contains the board's findings. In that final order, the board may order any of the sanctions identified under division (A) or (B) of this section.
(K) Any action taken by the board under division (B) of this section resulting in a suspension shall be accompanied by a written statement of the conditions under which the physician assistant's license may be reinstated. The board shall adopt rules in accordance with Chapter 119. of the Revised Code governing conditions to be imposed for reinstatement. Reinstatement of a license suspended pursuant to division (B) of this section requires an affirmative vote of not fewer than six members of the board.
(L) When the board refuses to grant or issue to an applicant a license to practice as a physician assistant, revokes an individual's license, refuses to renew an individual's license, or refuses to reinstate an individual's license, the board may specify that its action is permanent. An individual subject to a permanent action taken by the board is forever thereafter ineligible to hold the license and the board shall not accept an application for reinstatement of the license or for issuance of a new license.
(M) Notwithstanding any other provision of the Revised Code, all of the following apply:
(1) The surrender of a license issued under this chapter is not effective unless or until accepted by the board. Reinstatement of a license surrendered to the board requires an affirmative vote of not fewer than six members of the board.
(2) An application made under this chapter for a license may not be withdrawn without approval of the board.
(3) Failure by an individual to renew a license in accordance with section 4730.14 of the Revised Code shall not remove or limit the board's jurisdiction to take disciplinary action under this section against the individual.
(N) The board shall not refuse to issue a license to an applicant because of a conviction, plea of guilty, judicial finding of guilt, judicial finding of eligibility for intervention in lieu of conviction, or the commission of an act that constitutes a criminal offense, unless the refusal is in accordance with section 9.79 of the Revised Code.
Sec. 4731.22. (A) The state medical board, by an affirmative vote of not fewer than six of its members, may limit, revoke, or suspend a license or certificate to practice or certificate to recommend, refuse to grant a license or certificate, refuse to renew a license or certificate, refuse to reinstate a license or certificate, or reprimand or place on probation the holder of a license or certificate if the individual applying for or holding the license or certificate is found by the board to have committed fraud during the administration of the examination for a license or certificate to practice or to have committed fraud, misrepresentation, or deception in applying for, renewing, or securing any license or certificate to practice or certificate to recommend issued by the board.
(B) Except as provided in division (P) of this section, the board, by an affirmative vote of not fewer than six members, shall, to the extent permitted by law, limit, revoke, or suspend a license or certificate to practice or certificate to recommend, refuse to issue a license or certificate, refuse to renew a license or certificate, refuse to reinstate a license or certificate, or reprimand or place on probation the holder of a license or certificate for one or more of the following reasons:
(1) Permitting one's name or one's license or certificate to practice to be used by a person, group, or corporation when the individual concerned is not actually directing the treatment given;
(2) Failure to maintain minimal standards applicable to the selection or administration of drugs, or failure to employ acceptable scientific methods in the selection of drugs or other modalities for treatment of disease;
(3) Except as provided in section 4731.97 of the Revised Code, selling, giving away, personally furnishing, prescribing, or administering drugs for other than legal and legitimate therapeutic purposes or a plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction of, a violation of any federal or state law regulating the possession, distribution, or use of any drug;
(4) Willfully betraying a professional confidence.
For purposes of this division, "willfully betraying a professional confidence" does not include providing any information, documents, or reports under sections 307.621 to 307.629 of the Revised Code to a child fatality review board; does not include providing any information, documents, or reports under sections 307.631 to 307.6410 of the Revised Code to a drug overdose fatality review committee, a suicide fatality review committee, or hybrid drug overdose fatality and suicide fatality review committee; does not include providing any information, documents, or reports to the director of health pursuant to guidelines established under section 3701.70 of the Revised Code; does not include written notice to a mental health professional under section 4731.62 of the Revised Code; and does not include the making of a report of an employee's use of a drug of abuse, or a report of a condition of an employee other than one involving the use of a drug of abuse, to the employer of the employee as described in division (B) of section 2305.33 of the Revised Code. Nothing in this division affects the immunity from civil liability conferred by section 2305.33 or 4731.62 of the Revised Code upon a physician who makes a report in accordance with section 2305.33 or notifies a mental health professional in accordance with section 4731.62 of the Revised Code. As used in this division, "employee," "employer," and "physician" have the same meanings as in section 2305.33 of the Revised Code.
(5) Making a false, fraudulent, deceptive, or misleading statement in the solicitation of or advertising for patients; in relation to the practice of medicine and surgery, osteopathic medicine and surgery, podiatric medicine and surgery, or a limited branch of medicine; or in securing or attempting to secure any license or certificate to practice issued by the board.
As used in this division, "false, fraudulent, deceptive, or misleading statement" means a statement that includes a misrepresentation of fact, is likely to mislead or deceive because of a failure to disclose material facts, is intended or is likely to create false or unjustified expectations of favorable results, or includes representations or implications that in reasonable probability will cause an ordinarily prudent person to misunderstand or be deceived.
(6) A departure from, or the failure to conform to, minimal standards of care of similar practitioners under the same or similar circumstances, whether or not actual injury to a patient is established;
(7) Representing, with the purpose of obtaining compensation or other advantage as personal gain or for any other person, that an incurable disease or injury, or other incurable condition, can be permanently cured;
(8) The obtaining of, or attempting to obtain, money or anything of value by fraudulent misrepresentations in the course of practice;
(9) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a felony;
(10) Commission of an act that constitutes a felony in this state, regardless of the jurisdiction in which the act was committed;
(11) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a misdemeanor committed in the course of practice;
(12) Commission of an act in the course of practice that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed;
(13) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a misdemeanor involving moral turpitude;
(14) Commission of an act involving moral turpitude that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed;
(15) Violation of the conditions of limitation placed by the board upon a license or certificate to practice;
(16) Failure to pay license renewal fees specified in this chapter;
(17) Except as authorized in section 4731.31 of the Revised Code, engaging in the division of fees for referral of patients, or the receiving of a thing of value in return for a specific referral of a patient to utilize a particular service or business;
(18) Subject to section 4731.226 of the Revised Code, violation of any provision of a code of ethics of the American medical association, the American osteopathic association, the American podiatric medical association, or any other national professional organizations that the board specifies by rule. The state medical board shall obtain and keep on file current copies of the codes of ethics of the various national professional organizations. The individual whose license or certificate is being suspended or revoked shall not be found to have violated any provision of a code of ethics of an organization not appropriate to the individual's profession.
For purposes of this division, a "provision of a code of ethics of a national professional organization" does not include any provision that would preclude the making of a report by a physician of an employee's use of a drug of abuse, or of a condition of an employee other than one involving the use of a drug of abuse, to the employer of the employee as described in division (B) of section 2305.33 of the Revised Code. Nothing in this division affects the immunity from civil liability conferred by that section upon a physician who makes either type of report in accordance with division (B) of that section. As used in this division, "employee," "employer," and "physician" have the same meanings as in section 2305.33 of the Revised Code.
(19) Inability to practice according to acceptable and prevailing standards of care by reason of mental illness or physical illness, including, but not limited to, physical deterioration that adversely affects cognitive, motor, or perceptive skills.
In enforcing this division, the board, upon a showing of a possible violation, may compel any individual authorized to practice by this chapter or who has submitted an application pursuant to this chapter to submit to a mental examination, physical examination, including an HIV test, or both a mental and a physical examination. The expense of the examination is the responsibility of the individual compelled to be examined. Failure to submit to a mental or physical examination or consent to an HIV test ordered by the board constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individual's control, and a default and final order may be entered without the taking of testimony or presentation of evidence. If the board finds an individual unable to practice because of the reasons set forth in this division, the board shall require the individual to submit to care, counseling, or treatment by physicians approved or designated by the board, as a condition for initial, continued, reinstated, or renewed authority to practice. An individual affected under this division shall be afforded an opportunity to demonstrate to the board the ability to resume practice in compliance with acceptable and prevailing standards under the provisions of the individual's license or certificate. For the purpose of this division, any individual who applies for or receives a license or certificate to practice under this chapter accepts the privilege of practicing in this state and, by so doing, shall be deemed to have given consent to submit to a mental or physical examination when directed to do so in writing by the board, and to have waived all objections to the admissibility of testimony or examination reports that constitute a privileged communication.
(20) Except as provided in division (F)(1)(b) of section 4731.282 of the Revised Code or when civil penalties are imposed under section 4731.225 of the Revised Code, and subject to section 4731.226 of the Revised Code, violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provisions of this chapter or any rule promulgated by the board.
This division does not apply to a violation or attempted violation of, assisting in or abetting the violation of, or a conspiracy to violate, any provision of this chapter or any rule adopted by the board that would preclude the making of a report by a physician of an employee's use of a drug of abuse, or of a condition of an employee other than one involving the use of a drug of abuse, to the employer of the employee as described in division (B) of section 2305.33 of the Revised Code. Nothing in this division affects the immunity from civil liability conferred by that section upon a physician who makes either type of report in accordance with division (B) of that section. As used in this division, "employee," "employer," and "physician" have the same meanings as in section 2305.33 of the Revised Code.
(21) The violation of section 3701.79 of the Revised Code or of any abortion rule adopted by the director of health pursuant to section 3701.341 of the Revised Code;
(22) Any of the following actions taken by an agency responsible for authorizing, certifying, or regulating an individual to practice a health care occupation or provide health care services in this state or another jurisdiction, for any reason other than the nonpayment of fees: the limitation, revocation, or suspension of an individual's license to practice; acceptance of an individual's license surrender; denial of a license; refusal to renew or reinstate a license; imposition of probation; or issuance of an order of censure or other reprimand;
(23) The violation of section 2919.12 of the Revised Code or the performance or inducement of an abortion upon a pregnant woman with actual knowledge that the conditions specified in division (B) of section 2317.56 of the Revised Code have not been satisfied or with a heedless indifference as to whether those conditions have been satisfied, unless an affirmative defense as specified in division (H)(2) of that section would apply in a civil action authorized by division (H)(1) of that section;
(24) The revocation, suspension, restriction, reduction, or termination of clinical privileges by the United States department of defense or department of veterans affairs or the termination or suspension of a certificate of registration to prescribe drugs by the drug enforcement administration of the United States department of justice;
(25) Termination or suspension from participation in the medicare or medicaid programs by the department of health and human services or other responsible agency;
(26) Impairment of ability to practice according to acceptable and prevailing standards of care because of habitual or excessive use or abuse of drugs, alcohol, or other substances that impair ability to practice.
For the purposes of this division, any individual authorized to practice by this chapter accepts the privilege of practicing in this state subject to supervision by the board. By filing an application for or holding a license or certificate to practice under this chapter, an individual shall be deemed to have given consent to submit to a mental or physical examination when ordered to do so by the board in writing, and to have waived all objections to the admissibility of testimony or examination reports that constitute privileged communications.
If it has reason to believe that any individual authorized to practice by this chapter or any applicant for licensure or certification to practice suffers such impairment, the board may compel the individual to submit to a mental or physical examination, or both. The expense of the examination is the responsibility of the individual compelled to be examined. Any mental or physical examination required under this division shall be undertaken by a treatment provider or physician who is qualified to conduct the examination and who is chosen by the board.
Failure to submit to a mental or physical examination ordered by the board constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individual's control, and a default and final order may be entered without the taking of testimony or presentation of evidence. If the board determines that the individual's ability to practice is impaired, the board shall suspend the individual's license or certificate or deny the individual's application and shall require the individual, as a condition for initial, continued, reinstated, or renewed licensure or certification to practice, to submit to treatment.
Before being eligible to apply for reinstatement of a license or certificate suspended under this division, the impaired practitioner shall demonstrate to the board the ability to resume practice in compliance with acceptable and prevailing standards of care under the provisions of the practitioner's license or certificate. The demonstration shall include, but shall not be limited to, the following:
(a) Certification from a treatment provider approved under section 4731.25 of the Revised Code that the individual has successfully completed any required inpatient treatment;
(b) Evidence of continuing full compliance with an aftercare contract or consent agreement;
(c) Two written reports indicating that the individual's ability to practice has been assessed and that the individual has been found capable of practicing according to acceptable and prevailing standards of care. The reports shall be made by individuals or providers approved by the board for making the assessments and shall describe the basis for their determination.
The board may reinstate a license or certificate suspended under this division after that demonstration and after the individual has entered into a written consent agreement.
When the impaired practitioner resumes practice, the board shall require continued monitoring of the individual. The monitoring shall include, but not be limited to, compliance with the written consent agreement entered into before reinstatement or with conditions imposed by board order after a hearing, and, upon termination of the consent agreement, submission to the board for at least two years of annual written progress reports made under penalty of perjury stating whether the individual has maintained sobriety.
(27) A second or subsequent violation of section 4731.66 or 4731.69 of the Revised Code;
(28) Except as provided in division (N) of this section:
(a) Waiving the payment of all or any part of a deductible or copayment that a patient, pursuant to a health insurance or health care policy, contract, or plan that covers the individual's services, otherwise would be required to pay if the waiver is used as an enticement to a patient or group of patients to receive health care services from that individual;
(b) Advertising that the individual will waive the payment of all or any part of a deductible or copayment that a patient, pursuant to a health insurance or health care policy, contract, or plan that covers the individual's services, otherwise would be required to pay.
(29) Failure to use universal blood and body fluid precautions established by rules adopted under section 4731.051 of the Revised Code;
(30) Failure to provide notice to, and receive acknowledgment of the notice from, a patient when required by section 4731.143 of the Revised Code prior to providing nonemergency professional services, or failure to maintain that notice in the patient's medical record;
(31) Failure of a physician supervising a physician assistant to maintain supervision in accordance with the requirements of Chapter 4730. of the Revised Code and the rules adopted under that chapter;
(32) Failure of a physician or podiatrist to enter into a standard care arrangement with a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner with whom the physician or podiatrist is in collaboration pursuant to section 4731.27 of the Revised Code or failure to fulfill the responsibilities of collaboration after entering into a standard care arrangement;
(33) Failure to comply with the terms of a consult agreement entered into with a pharmacist pursuant to section 4729.39 of the Revised Code;
(34) Failure to cooperate in an investigation conducted by the board under division (F) of this section, including failure to comply with a subpoena or order issued by the board or failure to answer truthfully a question presented by the board in an investigative interview, an investigative office conference, at a deposition, or in written interrogatories, except that failure to cooperate with an investigation shall not constitute grounds for discipline under this section if a court of competent jurisdiction has issued an order that either quashes a subpoena or permits the individual to withhold the testimony or evidence in issue;
(35) Failure to supervise an acupuncturist in accordance with Chapter 4762. of the Revised Code and the board's rules for providing that supervision;
(36) Failure to supervise an anesthesiologist assistant in accordance with Chapter 4760. of the Revised Code and the board's rules for supervision of an anesthesiologist assistant;
(37) Assisting suicide, as defined in section 3795.01 of the Revised Code;
(38) Failure to comply with the requirements of section 2317.561 of the Revised Code;
(39) Failure to supervise a radiologist assistant in accordance with Chapter 4774. of the Revised Code and the board's rules for supervision of radiologist assistants;
(40) Performing or inducing an abortion at an office or facility with knowledge that the office or facility fails to post the notice required under section 3701.791 of the Revised Code;
(41) Failure to comply with the standards and procedures established in rules under section 4731.054 of the Revised Code for the operation of or the provision of care at a pain management clinic;
(42) Failure to comply with the standards and procedures established in rules under section 4731.054 of the Revised Code for providing supervision, direction, and control of individuals at a pain management clinic;
(43) Failure to comply with the requirements of section 4729.79 or 4731.055 of the Revised Code, unless the state board of pharmacy no longer maintains a drug database pursuant to section 4729.75 of the Revised Code;
(44) Failure to comply with the requirements of section 2919.171, 2919.202, or 2919.203 of the Revised Code or failure to submit to the department of health in accordance with a court order a complete report as described in section 2919.171 or 2919.202 of the Revised Code;
(45) Practicing at a facility that is subject to licensure as a category III terminal distributor of dangerous drugs with a pain management clinic classification unless the person operating the facility has obtained and maintains the license with the classification;
(46) Owning a facility that is subject to licensure as a category III terminal distributor of dangerous drugs with a pain management clinic classification unless the facility is licensed with the classification;
(47) Failure to comply with any of the requirements regarding making or maintaining medical records or documents described in division (A) of section 2919.192, division (C) of section 2919.193, division (B) of section 2919.195, or division (A) of section 2919.196 of the Revised Code;
(48) Failure to comply with the requirements in section 3719.061 of the Revised Code before issuing for a minor a prescription for an opioid analgesic, as defined in section 3719.01 of the Revised Code;
(49) Failure to comply with the requirements of section 4731.30 of the Revised Code or rules adopted under section 4731.301 of the Revised Code when recommending treatment with medical marijuana;
(50) Practicing at a facility, clinic, or other location that is subject to licensure as a category III terminal distributor of dangerous drugs with an office-based opioid treatment classification unless the person operating that place has obtained and maintains the license with the classification;
(51) Owning a facility, clinic, or other location that is subject to licensure as a category III terminal distributor of dangerous drugs with an office-based opioid treatment classification unless that place is licensed with the classification;
(52) A pattern of continuous or repeated violations of division (E)(2) or (3) of section 3963.02 of the Revised Code;
(53) Failure to fulfill the responsibilities of a collaboration agreement entered into with an athletic trainer as described in section 4755.621 of the Revised Code;
(54) Failure to take the steps specified in section 4731.911 of the Revised Code following an abortion or attempted abortion in an ambulatory surgical facility or other location that is not a hospital when a child is born alive.
(C) Disciplinary actions taken by the board under divisions (A) and (B) of this section shall be taken pursuant to an adjudication under Chapter 119. of the Revised Code, except that in lieu of an adjudication, the board may enter into a consent agreement with an individual to resolve an allegation of a violation of this chapter or any rule adopted under it. A consent agreement, when ratified by an affirmative vote of not fewer than six members of the board, shall constitute the findings and order of the board with respect to the matter addressed in the agreement. If the board refuses to ratify a consent agreement, the admissions and findings contained in the consent agreement shall be of no force or effect.
A telephone conference call may be utilized for ratification of a consent agreement that revokes or suspends an individual's license or certificate to practice or certificate to recommend. The telephone conference call shall be considered a special meeting under division (F) of section 121.22 of the Revised Code.
If the board takes disciplinary action against an individual under division (B) of this section for a second or subsequent plea of guilty to, or judicial finding of guilt of, a violation of section 2919.123 or 2919.124 of the Revised Code, the disciplinary action shall consist of a suspension of the individual's license or certificate to practice for a period of at least one year or, if determined appropriate by the board, a more serious sanction involving the individual's license or certificate to practice. Any consent agreement entered into under this division with an individual that pertains to a second or subsequent plea of guilty to, or judicial finding of guilt of, a violation of that section shall provide for a suspension of the individual's license or certificate to practice for a period of at least one year or, if determined appropriate by the board, a more serious sanction involving the individual's license or certificate to practice.
(D) For purposes of divisions (B)(10), (12), and (14) of this section, the commission of the act may be established by a finding by the board, pursuant to an adjudication under Chapter 119. of the Revised Code, that the individual committed the act. The board does not have jurisdiction under those divisions if the trial court renders a final judgment in the individual's favor and that judgment is based upon an adjudication on the merits. The board has jurisdiction under those divisions if the trial court issues an order of dismissal upon technical or procedural grounds.
(E) The sealing or expungement of conviction records by any court shall have no effect upon a prior board order entered under this section or upon the board's jurisdiction to take action under this section if, based upon a plea of guilty, a judicial finding of guilt, or a judicial finding of eligibility for intervention in lieu of conviction, the board issued a notice of opportunity for a hearing prior to the court's order to seal or expunge the records. The board shall not be required to seal, expunge, destroy, redact, or otherwise modify its records to reflect the court's sealing of conviction records.
(F)(1) The board shall investigate evidence that appears to show that a person has violated any provision of this chapter or any rule adopted under it. Any person may report to the board in a signed writing any information that the person may have that appears to show a violation of any provision of this chapter or any rule adopted under it. In the absence of bad faith, any person who reports information of that nature or who testifies before the board in any adjudication conducted under Chapter 119. of the Revised Code shall not be liable in damages in a civil action as a result of the report or testimony. Each complaint or allegation of a violation received by the board shall be assigned a case number and shall be recorded by the board.
(2) Investigations of alleged violations of this chapter or any rule adopted under it shall be supervised by the supervising member elected by the board in accordance with section 4731.02 of the Revised Code and by the secretary as provided in section 4731.39 of the Revised Code. The president may designate another member of the board to supervise the investigation in place of the supervising member. No member of the board who supervises the investigation of a case shall participate in further adjudication of the case.
(3) In investigating a possible violation of this chapter or any rule adopted under this chapter, or in conducting an inspection under division (E) of section 4731.054 of the Revised Code, the board may question witnesses, conduct interviews, administer oaths, order the taking of depositions, inspect and copy any books, accounts, papers, records, or documents, issue subpoenas, and compel the attendance of witnesses and production of books, accounts, papers, records, documents, and testimony, except that a subpoena for patient record information shall not be issued without consultation with the attorney general's office and approval of the secretary and supervising member of the board.
(a) Before issuance of a subpoena for patient record information, the secretary and supervising member shall determine whether there is probable cause to believe that the complaint filed alleges a violation of this chapter or any rule adopted under it and that the records sought are relevant to the alleged violation and material to the investigation. The subpoena may apply only to records that cover a reasonable period of time surrounding the alleged violation.
(b) On failure to comply with any subpoena issued by the board and after reasonable notice to the person being subpoenaed, the board may move for an order compelling the production of persons or records pursuant to the Rules of Civil Procedure.
(c) A subpoena issued by the board may be served by a sheriff, the sheriff's deputy, or a board employee or agent designated by the board. Service of a subpoena issued by the board may be made by delivering a copy of the subpoena to the person named therein, reading it to the person, or leaving it at the person's usual place of residence, usual place of business, or address on file with the board. When serving a subpoena to an applicant for or the holder of a license or certificate issued under this chapter, service of the subpoena may be made by certified mail, return receipt requested, and the subpoena shall be deemed served on the date delivery is made or the date the person refuses to accept delivery. If the person being served refuses to accept the subpoena or is not located, service may be made to an attorney who notifies the board that the attorney is representing the person.
(d) A sheriff's deputy who serves a subpoena shall receive the same fees as a sheriff. Each witness who appears before the board in obedience to a subpoena shall receive the fees and mileage provided for under section 119.094 of the Revised Code.
(4) All hearings, investigations, and inspections of the board shall be considered civil actions for the purposes of section 2305.252 of the Revised Code.
(5) A report required to be submitted to the board under this chapter, a complaint, or information received by the board pursuant to an investigation or pursuant to an inspection under division (E) of section 4731.054 of the Revised Code is confidential and not subject to discovery in any civil action.
The board shall conduct all investigations or inspections and proceedings in a manner that protects the confidentiality of patients and persons who file complaints with the board. The board shall not make public the names or any other identifying information about patients or complainants unless proper consent is given or, in the case of a patient, a waiver of the patient privilege exists under division (B) of section 2317.02 of the Revised Code, except that consent or a waiver of that nature is not required if the board possesses reliable and substantial evidence that no bona fide physician-patient relationship exists.
The board may share any information it receives pursuant to an investigation or inspection, including patient records and patient record information, with law enforcement agencies, other licensing boards, and other governmental agencies that are prosecuting, adjudicating, or investigating alleged violations of statutes or administrative rules. An agency or board that receives the information shall comply with the same requirements regarding confidentiality as those with which the state medical board must comply, notwithstanding any conflicting provision of the Revised Code or procedure of the agency or board that applies when it is dealing with other information in its possession. In a judicial proceeding, the information may be admitted into evidence only in accordance with the Rules of Evidence, but the court shall require that appropriate measures are taken to ensure that confidentiality is maintained with respect to any part of the information that contains names or other identifying information about patients or complainants whose confidentiality was protected by the state medical board when the information was in the board's possession. Measures to ensure confidentiality that may be taken by the court include sealing its records or deleting specific information from its records.
(6) On a quarterly basis, the board shall prepare a report that documents the disposition of all cases during the preceding three months. The report shall contain the following information for each case with which the board has completed its activities:
(a) The case number assigned to the complaint or alleged violation;
(b) The type of license or certificate to practice, if any, held by the individual against whom the complaint is directed;
(c) A description of the allegations contained in the complaint;
(d) The disposition of the case.
The report shall state how many cases are still pending and shall be prepared in a manner that protects the identity of each person involved in each case. The report shall be a public record under section 149.43 of the Revised Code.
(G) If the secretary and supervising member determine both of the following, they may recommend that the board suspend an individual's license or certificate to practice or certificate to recommend without a prior hearing:
(1) That there is clear and convincing evidence that an individual has violated division (B) of this section;
(2) That the individual's continued practice presents a danger of immediate and serious harm to the public.
Written allegations shall be prepared for consideration by the board. The board, upon review of those allegations and by an affirmative vote of not fewer than six of its members, excluding the secretary and supervising member, may suspend a license or certificate without a prior hearing. A telephone conference call may be utilized for reviewing the allegations and taking the vote on the summary suspension.
The board shall issue a written order of suspension by certified mail or in person in accordance with section 119.07 of the Revised Code. The order shall not be subject to suspension by the court during pendency of any appeal filed under section 119.12 of the Revised Code. If the individual subject to the summary suspension requests an adjudicatory hearing by the board, the date set for the hearing shall be within fifteen days, but not earlier than seven days, after the individual requests the hearing, unless otherwise agreed to by both the board and the individual.
Any summary suspension imposed under this division shall remain in effect, unless reversed on appeal, until a final adjudicative order issued by the board pursuant to this section and Chapter 119. of the Revised Code becomes effective. The board shall issue its final adjudicative order within seventy-five days after completion of its hearing. A failure to issue the order within seventy-five days shall result in dissolution of the summary suspension order but shall not invalidate any subsequent, final adjudicative order.
(H) If the board takes action under division (B)(9), (11), or (13) of this section and the judicial finding of guilt, guilty plea, or judicial finding of eligibility for intervention in lieu of conviction is overturned on appeal, upon exhaustion of the criminal appeal, a petition for reconsideration of the order may be filed with the board along with appropriate court documents. Upon receipt of a petition of that nature and supporting court documents, the board shall reinstate the individual's license or certificate to practice. The board may then hold an adjudication under Chapter 119. of the Revised Code to determine whether the individual committed the act in question. Notice of an opportunity for a hearing shall be given in accordance with Chapter 119. of the Revised Code. If the board finds, pursuant to an adjudication held under this division, that the individual committed the act or if no hearing is requested, the board may order any of the sanctions identified under division (B) of this section.
(I) The license or certificate to practice issued to an individual under this chapter and the individual's practice in this state are automatically suspended as of the date of the individual's second or subsequent plea of guilty to, or judicial finding of guilt of, a violation of section 2919.123 or 2919.124 of the Revised Code. In addition, the license or certificate to practice or certificate to recommend issued to an individual under this chapter and the individual's practice in this state are automatically suspended as of the date the individual pleads guilty to, is found by a judge or jury to be guilty of, or is subject to a judicial finding of eligibility for intervention in lieu of conviction in this state or treatment or intervention in lieu of conviction in another jurisdiction for any of the following criminal offenses in this state or a substantially equivalent criminal offense in another jurisdiction: aggravated murder, murder, voluntary manslaughter, felonious assault, kidnapping, rape, sexual battery, gross sexual imposition, aggravated arson, aggravated robbery, or aggravated burglary. Continued practice after suspension shall be considered practicing without a license or certificate.
The board shall notify the individual subject to the suspension by certified mail or in person in accordance with section 119.07 of the Revised Code. If an individual whose license or certificate is automatically suspended under this division fails to make a timely request for an adjudication under Chapter 119. of the Revised Code, the board shall do whichever of the following is applicable:
(1) If the automatic suspension under this division is for a second or subsequent plea of guilty to, or judicial finding of guilt of, a violation of section 2919.123 or 2919.124 of the Revised Code, the board shall enter an order suspending the individual's license or certificate to practice for a period of at least one year or, if determined appropriate by the board, imposing a more serious sanction involving the individual's license or certificate to practice.
(2) In all circumstances in which division (I)(1) of this section does not apply, enter a final order permanently revoking the individual's license or certificate to practice.
(J) If the board is required by Chapter 119. of the Revised Code to give notice of an opportunity for a hearing and if the individual subject to the notice does not timely request a hearing in accordance with section 119.07 of the Revised Code, the board is not required to hold a hearing, but may adopt, by an affirmative vote of not fewer than six of its members, a final order that contains the board's findings. In that final order, the board may order any of the sanctions identified under division (A) or (B) of this section.
(K) Any action taken by the board under division (B) of this section resulting in a suspension from practice shall be accompanied by a written statement of the conditions under which the individual's license or certificate to practice may be reinstated. The board shall adopt rules governing conditions to be imposed for reinstatement. Reinstatement of a license or certificate suspended pursuant to division (B) of this section requires an affirmative vote of not fewer than six members of the board.
(L) When the board refuses to grant or issue a license or certificate to practice to an applicant, revokes an individual's license or certificate to practice, refuses to renew an individual's license or certificate to practice, or refuses to reinstate an individual's license or certificate to practice, the board may specify that its action is permanent. An individual subject to a permanent action taken by the board is forever thereafter ineligible to hold a license or certificate to practice and the board shall not accept an application for reinstatement of the license or certificate or for issuance of a new license or certificate.
(M) Notwithstanding any other provision of the Revised Code, all of the following apply:
(1) The surrender of a license or certificate issued under this chapter shall not be effective unless or until accepted by the board. A telephone conference call may be utilized for acceptance of the surrender of an individual's license or certificate to practice. The telephone conference call shall be considered a special meeting under division (F) of section 121.22 of the Revised Code. Reinstatement of a license or certificate surrendered to the board requires an affirmative vote of not fewer than six members of the board.
(2) An application for a license or certificate made under the provisions of this chapter may not be withdrawn without approval of the board.
(3) Failure by an individual to renew a license or certificate to practice in accordance with this chapter or a certificate to recommend in accordance with rules adopted under section 4731.301 of the Revised Code shall not remove or limit the board's jurisdiction to take any disciplinary action under this section against the individual.
(4) At the request of the board, a license or certificate holder shall immediately surrender to the board a license or certificate that the board has suspended, revoked, or permanently revoked.
(N) Sanctions shall not be imposed under division (B)(28) of this section against any person who waives deductibles and copayments as follows:
(1) In compliance with the health benefit plan that expressly allows such a practice. Waiver of the deductibles or copayments shall be made only with the full knowledge and consent of the plan purchaser, payer, and third-party administrator. Documentation of the consent shall be made available to the board upon request.
(2) For professional services rendered to any other person authorized to practice pursuant to this chapter, to the extent allowed by this chapter and rules adopted by the board.
(O) Under the board's investigative duties described in this section and subject to division (F) of this section, the board shall develop and implement a quality intervention program designed to improve through remedial education the clinical and communication skills of individuals authorized under this chapter to practice medicine and surgery, osteopathic medicine and surgery, and podiatric medicine and surgery. In developing and implementing the quality intervention program, the board may do all of the following:
(1) Offer in appropriate cases as determined by the board an educational and assessment program pursuant to an investigation the board conducts under this section;
(2) Select providers of educational and assessment services, including a quality intervention program panel of case reviewers;
(3) Make referrals to educational and assessment service providers and approve individual educational programs recommended by those providers. The board shall monitor the progress of each individual undertaking a recommended individual educational program.
(4) Determine what constitutes successful completion of an individual educational program and require further monitoring of the individual who completed the program or other action that the board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the Revised Code to further implement the quality intervention program.
An individual who participates in an individual educational program pursuant to this division shall pay the financial obligations arising from that educational program.
(P) The board shall not refuse to issue a license to an applicant because of a conviction, plea of guilty, judicial finding of guilt, judicial finding of eligibility for intervention in lieu of conviction, or the commission of an act that constitutes a criminal offense, unless the refusal is in accordance with section 9.79 of the Revised Code.
Sec. 4734.31. (A) The state chiropractic board may take any of the actions specified in division (B) of this section against an individual who has applied for or holds a license to practice chiropractic in this state if any of the reasons specified in division (C) of this section for taking action against an individual are applicable. Except as provided in division (D) of this section, actions taken against an individual shall be taken in accordance with Chapter 119. of the Revised Code. The board may specify that any action it takes is a permanent action. The board's authority to take action against an individual is not removed or limited by the individual's failure to renew a license.
(B) In its imposition of sanctions against an individual, the board may do any of the following:
(1) Except as provided in division (I) of this section, refuse to issue, renew, restore, or reinstate a license to practice chiropractic or a certificate to practice acupuncture;
(2) Reprimand or censure a license holder;
(3) Place limits, restrictions, or probationary conditions on a license holder's practice;
(4) Impose a civil fine of not more than five thousand dollars according to a schedule of fines specified in rules that the board shall adopt in accordance with Chapter 119. of the Revised Code.
(5) Suspend a license to practice chiropractic or a certificate to practice acupuncture for a limited or indefinite period;
(6) Revoke a license to practice chiropractic or a certificate to practice acupuncture.
(C) The board may take the actions specified in division (B) of this section for any of the following reasons:
(1) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a felony in any jurisdiction, in which case a certified copy of the court record shall be conclusive evidence of the conviction;
(2) Commission of an act that constitutes a felony in this state, regardless of the jurisdiction in which the act was committed;
(3) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a misdemeanor involving moral turpitude, as determined by the board, in which case a certified copy of the court record shall be conclusive evidence of the matter;
(4) Commission of an act involving moral turpitude that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed;
(5) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a misdemeanor committed in the course of practice, in which case a certified copy of the court record shall be conclusive evidence of the matter;
(6) Commission of an act in the course of practice that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed;
(7) A violation or attempted violation of this chapter or the rules adopted under it governing the practice of chiropractic, animal chiropractic, or acupuncture by a chiropractor licensed under this chapter;
(8) Failure to cooperate in an investigation conducted by the board, including failure to comply with a subpoena or order issued by the board or failure to answer truthfully a question presented by the board at a deposition or in written interrogatories, except that failure to cooperate with an investigation shall not constitute grounds for discipline under this section if the board or a court of competent jurisdiction has issued an order that either quashes a subpoena or permits the individual to withhold the testimony or evidence in issue;
(9) Engaging in an ongoing professional relationship with a person or entity that violates any provision of this chapter or the rules adopted under it, unless the chiropractor makes a good faith effort to have the person or entity comply with the provisions;
(10) Retaliating against a chiropractor for the chiropractor's reporting to the board or any other agency with jurisdiction any violation of the law or for cooperating with the board of another agency in the investigation of any violation of the law;
(11) Aiding, abetting, assisting, counseling, or conspiring with any person in that person's violation of any provision of this chapter or the rules adopted under it, including the practice of chiropractic without a license, the practice of animal chiropractic in violation of section 4734.151 of the Revised Code, the practice of acupuncture without a certificate, or aiding, abetting, assisting, counseling, or conspiring with any person in that person's unlicensed practice of any other health care profession that has licensing requirements;
(12) With respect to a report or record that is made, filed, or signed in connection with the practice of chiropractic, animal chiropractic, or acupuncture, knowingly making or filing a report or record that is false, intentionally or negligently failing to file a report or record required by federal, state, or local law or willfully impeding or obstructing the required filing, or inducing another person to engage in any such acts;
(13) Making a false, fraudulent, or deceitful statement to the board or any agent of the board during any investigation or other official proceeding conducted by the board under this chapter or in any filing that must be submitted to the board;
(14) Attempting to secure a license to practice chiropractic, authorization to practice animal chiropractic, or a certificate to practice acupuncture, or to corrupt the outcome of an official board proceeding, through bribery or any other improper means;
(15) Willfully obstructing or hindering the board or any agent of the board in the discharge of the board's duties;
(16) Habitually using drugs or intoxicants to the extent that the person is rendered unfit for the practice of chiropractic, animal chiropractic, or acupuncture;
(17) Inability to practice chiropractic, animal chiropractic, or acupuncture according to acceptable and prevailing standards of care by reason of chemical dependency, mental illness, or physical illness, including conditions in which physical deterioration has adversely affected the person's cognitive, motor, or perceptive skills and conditions in which a chiropractor's continued practice may pose a danger to the chiropractor or the public;
(18) Any act constituting gross immorality relative to the person's practice of chiropractic, animal chiropractic, or acupuncture, including acts involving sexual abuse, sexual misconduct, or sexual exploitation;
(19) Exploiting a patient for personal or financial gain;
(20) Failing to maintain proper, accurate, and legible records in the English language documenting each patient's care, including, as appropriate, records of the following: dates of treatment, services rendered, examinations, tests, x-ray reports, referrals, and the diagnosis or clinical impression and clinical treatment plan provided to the patient;
(21) Except as otherwise required by the board or by law, disclosing patient information gained during the chiropractor's professional relationship with a patient without obtaining the patient's authorization for the disclosure;
(22) Commission of willful or gross malpractice, or willful or gross neglect, in the practice of chiropractic, animal chiropractic, or acupuncture;
(23) Failing to perform or negligently performing an act recognized by the board as a general duty or the exercise of due care in the practice of chiropractic, animal chiropractic, or acupuncture, regardless of whether injury results to a patient from the failure to perform or negligent performance of the act;
(24) Engaging in any conduct or practice that impairs or may impair the ability to practice chiropractic, animal chiropractic, or acupuncture safely and skillfully;
(25) Practicing, or claiming to be capable of practicing, beyond the scope of the practice of chiropractic, animal chiropractic, or acupuncture as established under this chapter and the rules adopted under this chapter;
(26) Accepting and performing professional responsibilities as a chiropractor, animal chiropractic practitioner, or chiropractor with a certificate to practice acupuncture when not qualified to perform those responsibilities, if the person knew or had reason to know that the person was not qualified to perform them;
(27) Delegating any of the professional responsibilities of a chiropractor, animal chiropractic practitioner, or chiropractor with a certificate to practice acupuncture to an employee or other individual when the delegating chiropractor knows or had reason to know that the employee or other individual is not qualified by training, experience, or professional licensure to perform the responsibilities;
(28) Delegating any of the professional responsibilities of a chiropractor, animal chiropractic practitioner, or chiropractor with a certificate to practice acupuncture to an employee or other individual in a negligent manner or failing to provide proper supervision of the employee or other individual to whom the responsibilities are delegated;
(29) Failing to refer a patient to another health care practitioner for consultation or treatment when the chiropractor knows or has reason to know that the referral is in the best interest of the patient;
(30) Obtaining or attempting to obtain any fee or other advantage by fraud or misrepresentation;
(31) Making misleading, deceptive, false, or fraudulent representations in the practice of chiropractic, animal chiropractic, or acupuncture;
(32) Being guilty of false, fraudulent, deceptive, or misleading advertising or other solicitations for patients or knowingly having professional connection with any person that advertises or solicits for patients in such a manner;
(33) Violation of a provision of any code of ethics established or adopted by the board under section 4734.16 of the Revised Code;
(34) Failing to meet the examination requirements for receipt of a license specified under section 4734.20 of the Revised Code;
(35) Actions taken for any reason, other than nonpayment of fees, by the chiropractic or acupuncture licensing authority of another state or country;
(36) Failing to maintain clean and sanitary conditions at the clinic, office, or other place in which chiropractic services, animal chiropractic services, or acupuncture services are provided;
(37) Except as provided in division (G) of this section:
(a) Waiving the payment of all or any part of a deductible or copayment that a patient, pursuant to a health insurance or health care policy, contract, or plan that covers the chiropractor's services, otherwise would be required to pay if the waiver is used as an enticement to a patient or group of patients to receive health care services from that chiropractor;
(b) Advertising that the chiropractor will waive the payment of all or any part of a deductible or copayment that a patient, pursuant to a health insurance or health care policy, contract, or plan that covers the chiropractor's services, otherwise would be required to pay.
(38) Failure to supervise an acupuncturist in accordance with the provisions of section 4762.11 of the Revised Code that are applicable to a supervising chiropractor.
(D) The adjudication requirements of Chapter 119. of the Revised Code apply to the board when taking actions against an individual under this section, except as follows:
(1) An applicant is not entitled to an adjudication for failing to meet the conditions specified under section 4734.20 of the Revised Code for receipt of a license that involve the board's examination on jurisprudence or the examinations of the national board of chiropractic examiners.
(2) A person is not entitled to an adjudication if the person fails to make a timely request for a hearing, in accordance with Chapter 119. of the Revised Code.
(3) In lieu of an adjudication, the board may accept the surrender of a license to practice chiropractic or certificate to practice acupuncture from a chiropractor.
(4) In lieu of an adjudication, the board may enter into a consent agreement with an individual to resolve an allegation of a violation of this chapter or any rule adopted under it. A consent agreement, when ratified by the board, shall constitute the findings and order of the board with respect to the matter addressed in the agreement. If the board refuses to ratify a consent agreement, the admissions and findings contained in the consent agreement shall be of no force or effect.
(E)(1) This section does not require the board to hire, contract with, or retain the services of an expert witness when the board takes action against a chiropractor concerning compliance with acceptable and prevailing standards of care in the practice of chiropractic or acupuncture. As part of an action taken concerning compliance with acceptable and prevailing standards of care, the board may rely on the knowledge of its members for purposes of making a determination of compliance, notwithstanding any expert testimony presented by the chiropractor that contradicts the knowledge and opinions of the members of the board.
(2) If the board conducts a review or investigation or takes action against a chiropractor concerning an allegation of harm to an animal from the practice of animal chiropractic, the board shall retain as an expert witness a licensed veterinarian who holds a current, valid certification from a credentialing organization specified in division (A)(3) of section 4734.151 of the Revised Code.
(F) The sealing or expungement of conviction records by a court shall have no effect on a prior board order entered under this section or on the board's jurisdiction to take action under this section if, based on a plea of guilty, a judicial finding of guilt, or a judicial finding of eligibility for intervention in lieu of conviction, the board issued a notice of opportunity for a hearing prior to the court's order to seal or expunge the records. The board shall not be required to seal, destroy, redact, or otherwise modify its records to reflect the court's sealing or expungement of conviction records.
(G) Actions shall not be taken pursuant to division (C)(37) of this section against any chiropractor who waives deductibles and copayments as follows:
(1) In compliance with the health benefit plan that expressly allows a practice of that nature. Waiver of the deductibles or copayments shall be made only with the full knowledge and consent of the plan purchaser, payer, and third-party administrator. Documentation of the consent shall be made available to the board upon request.
(2) For professional services rendered to any other person licensed pursuant to this chapter, to the extent allowed by this chapter and the rules of the board.
(H) As used in this section, "animal chiropractic" and "animal chiropractic practitioner" have the same meanings as in section 4734.151 of the Revised Code.
(I) The board shall not refuse to issue a license to an applicant because of a conviction, plea of guilty, judicial finding of guilt, judicial finding of eligibility for intervention in lieu of conviction, or the commission of an act that constitutes a criminal offense, unless the refusal is in accordance with section 9.79 of the Revised Code.
Sec. 4752.09. (A) The state board of pharmacy may, in accordance with Chapter 119. of the Revised Code, impose any one or more of the following sanctions on an applicant for a license or certificate of registration issued under this chapter or a license or certificate holder for any of the causes set forth in division (B) of this section:
(1) Suspend, revoke, restrict, limit, or refuse to grant or renew a license or certificate of registration;
(2) Reprimand or place the license or certificate holder on probation;
(3) Impose a monetary penalty or forfeiture not to exceed in severity any fine designated under the Revised Code for a similar offense or not more than five thousand dollars if the acts committed are not classified as an offense by the Revised Code.
(B) The board may impose the sanctions listed in division (A) of this section for any of the following:
(1) Violation of any provision of this chapter or an order or rule of the board, as those provisions, orders, or rules are applicable to persons licensed under this chapter;
(2) A plea of guilty to or a judicial finding of guilt of a felony or a misdemeanor that involves dishonesty or is directly related to the provision of home medical equipment services;
(3) Making a material misstatement in furnishing information to the board;
(4) Professional incompetence;
(5) Being guilty of negligence or gross misconduct in providing home medical equipment services;
(6) Aiding, assisting, or willfully permitting another person to violate any provision of this chapter or an order or rule of the board, as those provisions, orders, or rules are applicable to persons licensed under this chapter;
(7) Failing to provide information in response to a written request by the board;
(8) Engaging in conduct likely to deceive, defraud, or harm the public;
(9) Denial, revocation, suspension, or restriction of a license to provide home medical equipment services, for any reason other than failure to renew, in another state or jurisdiction;
(10) Directly or indirectly giving to or receiving from any person a fee, commission, rebate, or other form of compensation for services not rendered;
(11) Knowingly making or filing false records, reports, or billings in the course of providing home medical equipment services, including false records, reports, or billings prepared for or submitted to state and federal agencies or departments;
(12) Failing to comply with federal rules issued pursuant to the medicare program established under Title XVIII of the "Social Security Act," 49 Stat. 620(1935), 42 U.S.C. 1395, as amended, relating to operations, financial transactions, and general business practices of home medical services providers;
(13) Any other cause for which the board may impose sanctions as set forth in rules adopted under section 4752.17 of the Revised Code.
(C) Notwithstanding any provision of divisions (A) and (B) of this section to the contrary, the board shall not refuse to issue a license or certificate of registration to an applicant because of a plea of guilty to or a judicial finding of guilt of an offense unless the refusal is in accordance with section 9.79 of the Revised Code.
(D) The state board of pharmacy immediately may suspend a license without a hearing if it determines that there is evidence that the license holder is subject to actions under this section and that there is clear and convincing evidence that continued operation by the license holder presents an immediate and serious harm to the public. The board shall follow the procedure for suspension without a prior hearing in section 119.07 of the Revised Code. The board may vote on the suspension by way of a telephone conference call.
A suspension under this division shall remain in effect, unless reversed by the board, until a final adjudication order issued by the board pursuant to this section and Chapter 119. of the Revised Code becomes effective. The board shall issue its final adjudication order not later than ninety days after completion of the hearing. The board's failure to issue the order by that day shall cause the summary suspension to end, but shall not affect the validity of any subsequent final adjudication order.
(E) If the board is required under Chapter 119. of the Revised Code to give notice of an opportunity for a hearing and the applicant or license or certificate holder does not make a timely request for a hearing in accordance with section 119.07 of the Revised Code, the board is not required to hold a hearing, but may adopt a final order that contains the board's findings. In the final order, the board may impose any of the sanctions listed in division (A) of this section.
(F)
Notwithstanding the provision of division (C)(2)
(D)(2)
of
section 2953.32 of the Revised Code specifying that if records
pertaining to a criminal case are sealed or
expunged under
that section the proceedings in the case must be deemed not to have
occurred, sealing or
expungement of
the following records on which the board has based an action under
this section shall have no effect on the board's action or any
sanction imposed by the board under this section: records of any
conviction, guilty plea, judicial finding of guilt resulting from a
plea of no contest, or a judicial finding of eligibility for a
pretrial diversion program or intervention in lieu of conviction. The
board shall not be required to seal, destroy, redact, or otherwise
modify its records to reflect the court's sealing or
expungement of
conviction records.
Sec. 4759.07. (A) The state medical board, by an affirmative vote of not fewer than six members, shall, except as provided in division (B) of this section, and to the extent permitted by law, limit, revoke, or suspend an individual's license or limited permit, refuse to issue a license or limited permit to an individual, refuse to renew a license or limited permit, refuse to reinstate a license or limited permit, or reprimand or place on probation the holder of a license or limited permit for one or more of the following reasons:
(1) Except when civil penalties are imposed under section 4759.071 of the Revised Code, violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter or the rules adopted by the board;
(2) Making a false, fraudulent, deceptive, or misleading statement in the solicitation of or advertising for patients; in relation to the practice of dietetics; or in securing or attempting to secure any license or permit issued by the board under this chapter.
As used in division (A)(2) of this section, "false, fraudulent, deceptive, or misleading statement" means a statement that includes a misrepresentation of fact, is likely to mislead or deceive because of a failure to disclose material facts, is intended or is likely to create false or unjustified expectations of favorable results, or includes representations or implications that in reasonable probability will cause an ordinarily prudent person to misunderstand or be deceived.
(3) Committing fraud during the administration of the examination for a license to practice or committing fraud, misrepresentation, or deception in applying for, renewing, or securing any license or permit issued by the board;
(4) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a felony;
(5) Commission of an act that constitutes a felony in this state, regardless of the jurisdiction in which the act was committed;
(6) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a misdemeanor committed in the course of practice;
(7) Commission of an act in the course of practice that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed;
(8) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a misdemeanor involving moral turpitude;
(9) Commission of an act involving moral turpitude that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed;
(10) A record of engaging in incompetent or negligent conduct in the practice of dietetics;
(11) A departure from, or failure to conform to, minimal standards of care of similar practitioners under the same or similar circumstances, whether or not actual injury to a patient is established;
(12) The obtaining of, or attempting to obtain, money or anything of value by fraudulent misrepresentations in the course of practice;
(13) Violation of the conditions of limitation placed by the board on a license or permit;
(14) Inability to practice according to acceptable and prevailing standards of care by reason of mental illness or physical illness, including, physical deterioration that adversely affects cognitive, motor, or perceptive skills;
(15) Any of the following actions taken by an agency responsible for authorizing, certifying, or regulating an individual to practice a health care occupation or provide health care services in this state or another jurisdiction, for any reason other than the nonpayment of fees: the limitation, revocation, or suspension of an individual's license; acceptance of an individual's license surrender; denial of a license; refusal to renew or reinstate a license; imposition of probation; or issuance of an order of censure or other reprimand;
(16) The revocation, suspension, restriction, reduction, or termination of practice privileges by the United States department of defense or department of veterans affairs;
(17) Termination or suspension from participation in the medicare or medicaid programs by the department of health and human services or other responsible agency for any act or acts that also would constitute a violation of division (A)(11), (12), or (14) of this section;
(18) Impairment of ability to practice according to acceptable and prevailing standards of care because of habitual or excessive use or abuse of drugs, alcohol, or other substances that impair ability to practice;
(19) Failure to cooperate in an investigation conducted by the board under division (B) of section 4759.05 of the Revised Code, including failure to comply with a subpoena or order issued by the board or failure to answer truthfully a question presented by the board in an investigative interview, an investigative office conference, at a deposition, or in written interrogatories, except that failure to cooperate with an investigation shall not constitute grounds for discipline under this section if a court of competent jurisdiction has issued an order that either quashes a subpoena or permits the individual to withhold the testimony or evidence in issue;
(20) Representing with the purpose of obtaining compensation or other advantage as personal gain or for any other person, that an incurable disease or injury, or other incurable condition, can be permanently cured.
(B) The board shall not refuse to issue a license or limited permit to an applicant because of a plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for an offense unless the refusal is in accordance with section 9.79 of the Revised Code.
(C) Any action taken by the board under division (A) of this section resulting in a suspension from practice shall be accompanied by a written statement of the conditions under which the individual's license or permit may be reinstated. The board shall adopt rules governing conditions to be imposed for reinstatement. Reinstatement of a license or permit suspended pursuant to division (A) of this section requires an affirmative vote of not fewer than six members of the board.
(D) When the board refuses to grant or issue a license or permit to an applicant, revokes an individual's license or permit, refuses to renew an individual's license or permit, or refuses to reinstate an individual's license or permit, the board may specify that its action is permanent. An individual subject to a permanent action taken by the board is forever thereafter ineligible to hold a license or permit and the board shall not accept an application for reinstatement of the license or permit or for issuance of a new license or permit.
(E) Disciplinary actions taken by the board under division (A) of this section shall be taken pursuant to an adjudication under Chapter 119. of the Revised Code, except that in lieu of an adjudication, the board may enter into a consent agreement with an individual to resolve an allegation of a violation of this chapter or any rule adopted under it. A consent agreement, when ratified by an affirmative vote of not fewer than six members of the board, shall constitute the findings and order of the board with respect to the matter addressed in the agreement. If the board refuses to ratify a consent agreement, the admissions and findings contained in the consent agreement shall be of no force or effect.
A telephone conference call may be utilized for ratification of a consent agreement that revokes or suspends an individual's license or permit. The telephone conference call shall be considered a special meeting under division (F) of section 121.22 of the Revised Code.
(F) In enforcing division (A)(14) of this section, the board, upon a showing of a possible violation, may compel any individual authorized to practice by this chapter or who has submitted an application pursuant to this chapter to submit to a mental examination, physical examination, including an HIV test, or both a mental and a physical examination. The expense of the examination is the responsibility of the individual compelled to be examined. Failure to submit to a mental or physical examination or consent to an HIV test ordered by the board constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individual's control, and a default and final order may be entered without the taking of testimony or presentation of evidence. If the board finds an individual unable to practice because of the reasons set forth in division (A)(14) of this section, the board shall require the individual to submit to care, counseling, or treatment by physicians approved or designated by the board, as a condition for initial, continued, reinstated, or renewed authority to practice. An individual affected under this division shall be afforded an opportunity to demonstrate to the board the ability to resume practice in compliance with acceptable and prevailing standards under the provisions of the individual's license or permit. For the purpose of division (A)(14) of this section, any individual who applies for or receives a license or permit under this chapter accepts the privilege of practicing in this state and, by so doing, shall be deemed to have given consent to submit to a mental or physical examination when directed to do so in writing by the board, and to have waived all objections to the admissibility of testimony or examination reports that constitute a privileged communication.
(G) For the purposes of division (A)(18) of this section, any individual authorized to practice by this chapter accepts the privilege of practicing in this state subject to supervision by the board. By filing an application for or holding a license or permit under this chapter, an individual shall be deemed to have given consent to submit to a mental or physical examination when ordered to do so by the board in writing, and to have waived all objections to the admissibility of testimony or examination reports that constitute privileged communications.
If it has reason to believe that any individual authorized to practice by this chapter or any applicant for a license or permit suffers such impairment, the board may compel the individual to submit to a mental or physical examination, or both. The expense of the examination is the responsibility of the individual compelled to be examined. Any mental or physical examination required under this division shall be undertaken by a treatment provider or physician who is qualified to conduct the examination and who is chosen by the board.
Failure to submit to a mental or physical examination ordered by the board constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individual's control, and a default and final order may be entered without the taking of testimony or presentation of evidence. If the board determines that the individual's ability to practice is impaired, the board shall suspend the individual's license or permit or deny the individual's application and shall require the individual, as a condition for an initial, continued, reinstated, or renewed license or permit, to submit to treatment.
Before being eligible to apply for reinstatement of a license or permit suspended under this division, the impaired practitioner shall demonstrate to the board the ability to resume practice in compliance with acceptable and prevailing standards of care under the provisions of the practitioner's license or permit. The demonstration shall include, but shall not be limited to, the following:
(1) Certification from a treatment provider approved under section 4731.25 of the Revised Code that the individual has successfully completed any required inpatient treatment;
(2) Evidence of continuing full compliance with an aftercare contract or consent agreement;
(3) Two written reports indicating that the individual's ability to practice has been assessed and that the individual has been found capable of practicing according to acceptable and prevailing standards of care. The reports shall be made by individuals or providers approved by the board for making the assessments and shall describe the basis for their determination.
The board may reinstate a license or permit suspended under this division after that demonstration and after the individual has entered into a written consent agreement.
When the impaired practitioner resumes practice, the board shall require continued monitoring of the individual. The monitoring shall include, but not be limited to, compliance with the written consent agreement entered into before reinstatement or with conditions imposed by board order after a hearing, and, upon termination of the consent agreement, submission to the board for at least two years of annual written progress reports made under penalty of perjury stating whether the individual has maintained sobriety.
(H) If the secretary and supervising member determine both of the following, they may recommend that the board suspend an individual's license or permit without a prior hearing:
(1) That there is clear and convincing evidence that an individual has violated division (A) of this section;
(2) That the individual's continued practice presents a danger of immediate and serious harm to the public.
Written allegations shall be prepared for consideration by the board. The board, upon review of those allegations and by an affirmative vote of not fewer than six of its members, excluding the secretary and supervising member, may suspend a license or permit without a prior hearing. A telephone conference call may be utilized for reviewing the allegations and taking the vote on the summary suspension.
The board shall issue a written order of suspension by certified mail or in person in accordance with section 119.07 of the Revised Code. The order shall not be subject to suspension by the court during pendency of any appeal filed under section 119.12 of the Revised Code. If the individual subject to the summary suspension requests an adjudicatory hearing by the board, the date set for the hearing shall be within fifteen days, but not earlier than seven days, after the individual requests the hearing, unless otherwise agreed to by both the board and the individual.
Any summary suspension imposed under this division shall remain in effect, unless reversed on appeal, until a final adjudicative order issued by the board pursuant to this section and Chapter 119. of the Revised Code becomes effective. The board shall issue its final adjudicative order within seventy-five days after completion of its hearing. A failure to issue the order within seventy-five days shall result in dissolution of the summary suspension order but shall not invalidate any subsequent, final adjudicative order.
(I) If the board is required by Chapter 119. of the Revised Code to give notice of an opportunity for a hearing and if the individual subject to the notice does not timely request a hearing in accordance with section 119.07 of the Revised Code, the board is not required to hold a hearing, but may adopt, by an affirmative vote of not fewer than six of its members, a final order that contains the board's findings. In the final order, the board may order any of the sanctions identified under division (A) of this section.
(J) For purposes of divisions (A)(5), (7), and (9) of this section, the commission of the act may be established by a finding by the board, pursuant to an adjudication under Chapter 119. of the Revised Code, that the individual committed the act. The board does not have jurisdiction under those divisions if the trial court renders a final judgment in the individual's favor and that judgment is based upon an adjudication on the merits. The board has jurisdiction under those divisions if the trial court issues an order of dismissal upon technical or procedural grounds.
(K) The sealing or expungement of conviction records by any court shall have no effect upon a prior board order entered under this section or upon the board's jurisdiction to take action under this section if, based upon a plea of guilty, a judicial finding of guilt, or a judicial finding of eligibility for intervention in lieu of conviction, the board issued a notice of opportunity for a hearing prior to the court's order to seal or expunge the records. The board shall not be required to seal, destroy, redact, or otherwise modify its records to reflect the court's sealing or expungement of conviction records.
(L) If the board takes action under division (A)(4), (6), or (8) of this section, and the judicial finding of guilt, guilty plea, or judicial finding of eligibility for intervention in lieu of conviction is overturned on appeal, upon exhaustion of the criminal appeal, a petition for reconsideration of the order may be filed with the board along with appropriate court documents. Upon receipt of a petition for reconsideration and supporting court documents, the board shall reinstate the individual's license or permit. The board may then hold an adjudication under Chapter 119. of the Revised Code to determine whether the individual committed the act in question. Notice of an opportunity for a hearing shall be given in accordance with Chapter 119. of the Revised Code. If the board finds, pursuant to an adjudication held under this division, that the individual committed the act or if no hearing is requested, the board may order any of the sanctions identified under division (A) of this section.
(M) The license or permit issued to an individual under this chapter and the individual's practice in this state are automatically suspended as of the date the individual pleads guilty to, is found by a judge or jury to be guilty of, or is subject to a judicial finding of eligibility for intervention in lieu of conviction in this state or treatment or intervention in lieu of conviction in another jurisdiction for any of the following criminal offenses in this state or a substantially equivalent criminal offense in another jurisdiction: aggravated murder, murder, voluntary manslaughter, felonious assault, kidnapping, rape, sexual battery, gross sexual imposition, aggravated arson, aggravated robbery, or aggravated burglary. Continued practice after suspension shall be considered practicing without a license or permit.
The board shall notify the individual subject to the suspension by certified mail or in person in accordance with section 119.07 of the Revised Code. If an individual whose license or permit is automatically suspended under this division fails to make a timely request for an adjudication under Chapter 119. of the Revised Code, the board shall enter a final order permanently revoking the individual's license or permit.
(N) Notwithstanding any other provision of the Revised Code, all of the following apply:
(1) The surrender of a license or permit issued under this chapter shall not be effective unless or until accepted by the board. A telephone conference call may be utilized for acceptance of the surrender of an individual's license or permit. The telephone conference call shall be considered a special meeting under division (F) of section 121.22 of the Revised Code. Reinstatement of a license or permit surrendered to the board requires an affirmative vote of not fewer than six members of the board.
(2) An application for a license or permit made under the provisions of this chapter may not be withdrawn without approval of the board.
(3) Failure by an individual to renew a license or permit in accordance with this chapter shall not remove or limit the board's jurisdiction to take any disciplinary action under this section against the individual.
(4) At the request of the board, a license or permit holder shall immediately surrender to the board a license or permit that the board has suspended, revoked, or permanently revoked.
Sec. 4760.13. (A) The state medical board, by an affirmative vote of not fewer than six members, may revoke or may refuse to grant a license to practice as an anesthesiologist assistant to a person found by the board to have committed fraud, misrepresentation, or deception in applying for or securing the license.
(B) The board, by an affirmative vote of not fewer than six members, shall, except as provided in division (C) of this section, and to the extent permitted by law, limit, revoke, or suspend an individual's license to practice as an anesthesiologist assistant, refuse to issue a license to an applicant, refuse to renew a license, refuse to reinstate a license, or reprimand or place on probation the holder of a license for any of the following reasons:
(1) Permitting the holder's name or license to be used by another person;
(2) Failure to comply with the requirements of this chapter, Chapter 4731. of the Revised Code, or any rules adopted by the board;
(3) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter, Chapter 4731. of the Revised Code, or the rules adopted by the board;
(4) A departure from, or failure to conform to, minimal standards of care of similar practitioners under the same or similar circumstances whether or not actual injury to the patient is established;
(5) Inability to practice according to acceptable and prevailing standards of care by reason of mental illness or physical illness, including physical deterioration that adversely affects cognitive, motor, or perceptive skills;
(6) Impairment of ability to practice according to acceptable and prevailing standards of care because of habitual or excessive use or abuse of drugs, alcohol, or other substances that impair ability to practice;
(7) Willfully betraying a professional confidence;
(8) Making a false, fraudulent, deceptive, or misleading statement in securing or attempting to secure a license to practice as an anesthesiologist assistant.
As used in this division, "false, fraudulent, deceptive, or misleading statement" means a statement that includes a misrepresentation of fact, is likely to mislead or deceive because of a failure to disclose material facts, is intended or is likely to create false or unjustified expectations of favorable results, or includes representations or implications that in reasonable probability will cause an ordinarily prudent person to misunderstand or be deceived.
(9) The obtaining of, or attempting to obtain, money or a thing of value by fraudulent misrepresentations in the course of practice;
(10) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a felony;
(11) Commission of an act that constitutes a felony in this state, regardless of the jurisdiction in which the act was committed;
(12) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a misdemeanor committed in the course of practice;
(13) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a misdemeanor involving moral turpitude;
(14) Commission of an act in the course of practice that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed;
(15) Commission of an act involving moral turpitude that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed;
(16) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for violating any state or federal law regulating the possession, distribution, or use of any drug, including trafficking in drugs;
(17) Any of the following actions taken by the state agency responsible for regulating the practice of anesthesiologist assistants in another jurisdiction, for any reason other than the nonpayment of fees: the limitation, revocation, or suspension of an individual's license to practice; acceptance of an individual's license surrender; denial of a license; refusal to renew or reinstate a license; imposition of probation; or issuance of an order of censure or other reprimand;
(18) Violation of the conditions placed by the board on a license to practice;
(19) Failure to use universal blood and body fluid precautions established by rules adopted under section 4731.051 of the Revised Code;
(20) Failure to cooperate in an investigation conducted by the board under section 4760.14 of the Revised Code, including failure to comply with a subpoena or order issued by the board or failure to answer truthfully a question presented by the board at a deposition or in written interrogatories, except that failure to cooperate with an investigation shall not constitute grounds for discipline under this section if a court of competent jurisdiction has issued an order that either quashes a subpoena or permits the individual to withhold the testimony or evidence in issue;
(21) Failure to comply with any code of ethics established by the national commission for the certification of anesthesiologist assistants;
(22) Failure to notify the state medical board of the revocation or failure to maintain certification from the national commission for certification of anesthesiologist assistants.
(C) The board shall not refuse to issue a certificate to an applicant because of a plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for an offense unless the refusal is in accordance with section 9.79 of the Revised Code.
(D) Disciplinary actions taken by the board under divisions (A) and (B) of this section shall be taken pursuant to an adjudication under Chapter 119. of the Revised Code, except that in lieu of an adjudication, the board may enter into a consent agreement with an anesthesiologist assistant or applicant to resolve an allegation of a violation of this chapter or any rule adopted under it. A consent agreement, when ratified by an affirmative vote of not fewer than six members of the board, shall constitute the findings and order of the board with respect to the matter addressed in the agreement. If the board refuses to ratify a consent agreement, the admissions and findings contained in the consent agreement shall be of no force or effect.
(E) For purposes of divisions (B)(11), (14), and (15) of this section, the commission of the act may be established by a finding by the board, pursuant to an adjudication under Chapter 119. of the Revised Code, that the applicant or license holder committed the act in question. The board shall have no jurisdiction under these divisions in cases where the trial court renders a final judgment in the license holder's favor and that judgment is based upon an adjudication on the merits. The board shall have jurisdiction under these divisions in cases where the trial court issues an order of dismissal on technical or procedural grounds.
(F) The sealing or expungement of conviction records by any court shall have no effect on a prior board order entered under the provisions of this section or on the board's jurisdiction to take action under the provisions of this section if, based upon a plea of guilty, a judicial finding of guilt, or a judicial finding of eligibility for intervention in lieu of conviction, the board issued a notice of opportunity for a hearing prior to the court's order to seal or expunge the records. The board shall not be required to seal, destroy, redact, or otherwise modify its records to reflect the court's sealing or expungement of conviction records.
(G) For purposes of this division, any individual who holds a license to practice issued under this chapter, or applies for a license to practice, shall be deemed to have given consent to submit to a mental or physical examination when directed to do so in writing by the board and to have waived all objections to the admissibility of testimony or examination reports that constitute a privileged communication.
(1) In enforcing division (B)(5) of this section, the board, on a showing of a possible violation, may compel any individual who holds a license to practice issued under this chapter or who has applied for a license to practice pursuant to this chapter to submit to a mental or physical examination, or both. A physical examination may include an HIV test. The expense of the examination is the responsibility of the individual compelled to be examined. Failure to submit to a mental or physical examination or consent to an HIV test ordered by the board constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individual's control, and a default and final order may be entered without the taking of testimony or presentation of evidence. If the board finds an anesthesiologist assistant unable to practice because of the reasons set forth in division (B)(5) of this section, the board shall require the anesthesiologist assistant to submit to care, counseling, or treatment by physicians approved or designated by the board, as a condition for an initial, continued, reinstated, or renewed license to practice. An individual affected by this division shall be afforded an opportunity to demonstrate to the board the ability to resume practicing in compliance with acceptable and prevailing standards of care.
(2) For purposes of division (B)(6) of this section, if the board has reason to believe that any individual who holds a license to practice issued under this chapter or any applicant for a license to practice suffers such impairment, the board may compel the individual to submit to a mental or physical examination, or both. The expense of the examination is the responsibility of the individual compelled to be examined. Any mental or physical examination required under this division shall be undertaken by a treatment provider or physician qualified to conduct such examination and chosen by the board.
Failure to submit to a mental or physical examination ordered by the board constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individual's control, and a default and final order may be entered without the taking of testimony or presentation of evidence. If the board determines that the individual's ability to practice is impaired, the board shall suspend the individual's license or deny the individual's application and shall require the individual, as a condition for an initial, continued, reinstated, or renewed license to practice, to submit to treatment.
Before being eligible to apply for reinstatement of a license suspended under this division, the anesthesiologist assistant shall demonstrate to the board the ability to resume practice in compliance with acceptable and prevailing standards of care. The demonstration shall include the following:
(a) Certification from a treatment provider approved under section 4731.25 of the Revised Code that the individual has successfully completed any required inpatient treatment;
(b) Evidence of continuing full compliance with an aftercare contract or consent agreement;
(c) Two written reports indicating that the individual's ability to practice has been assessed and that the individual has been found capable of practicing according to acceptable and prevailing standards of care. The reports shall be made by individuals or providers approved by the board for making such assessments and shall describe the basis for their determination.
The board may reinstate a license suspended under this division after such demonstration and after the individual has entered into a written consent agreement.
When the impaired anesthesiologist assistant resumes practice, the board shall require continued monitoring of the anesthesiologist assistant. The monitoring shall include monitoring of compliance with the written consent agreement entered into before reinstatement or with conditions imposed by board order after a hearing, and, on termination of the consent agreement, submission to the board for at least two years of annual written progress reports made under penalty of falsification stating whether the anesthesiologist assistant has maintained sobriety.
(H) If the secretary and supervising member determine that there is clear and convincing evidence that an anesthesiologist assistant has violated division (B) of this section and that the individual's continued practice presents a danger of immediate and serious harm to the public, they may recommend that the board suspend the individual's license without a prior hearing. Written allegations shall be prepared for consideration by the board.
The board, on review of the allegations and by an affirmative vote of not fewer than six of its members, excluding the secretary and supervising member, may suspend a license without a prior hearing. A telephone conference call may be utilized for reviewing the allegations and taking the vote on the summary suspension.
The board shall issue a written order of suspension by certified mail or in person in accordance with section 119.07 of the Revised Code. The order shall not be subject to suspension by the court during pendency of any appeal filed under section 119.12 of the Revised Code. If the anesthesiologist assistant requests an adjudicatory hearing by the board, the date set for the hearing shall be within fifteen days, but not earlier than seven days, after the anesthesiologist assistant requests the hearing, unless otherwise agreed to by both the board and the license holder.
A summary suspension imposed under this division shall remain in effect, unless reversed on appeal, until a final adjudicative order issued by the board pursuant to this section and Chapter 119. of the Revised Code becomes effective. The board shall issue its final adjudicative order within sixty days after completion of its hearing. Failure to issue the order within sixty days shall result in dissolution of the summary suspension order, but shall not invalidate any subsequent, final adjudicative order.
(I) If the board takes action under division (B)(11), (13), or (14) of this section, and the judicial finding of guilt, guilty plea, or judicial finding of eligibility for intervention in lieu of conviction is overturned on appeal, on exhaustion of the criminal appeal, a petition for reconsideration of the order may be filed with the board along with appropriate court documents. On receipt of a petition and supporting court documents, the board shall reinstate the license to practice. The board may then hold an adjudication under Chapter 119. of the Revised Code to determine whether the individual committed the act in question. Notice of opportunity for hearing shall be given in accordance with Chapter 119. of the Revised Code. If the board finds, pursuant to an adjudication held under this division, that the individual committed the act, or if no hearing is requested, it may order any of the sanctions specified in division (B) of this section.
(J) The license to practice of an anesthesiologist assistant and the assistant's practice in this state are automatically suspended as of the date the anesthesiologist assistant pleads guilty to, is found by a judge or jury to be guilty of, or is subject to a judicial finding of eligibility for intervention in lieu of conviction in this state or treatment of intervention in lieu of conviction in another jurisdiction for any of the following criminal offenses in this state or a substantially equivalent criminal offense in another jurisdiction: aggravated murder, murder, voluntary manslaughter, felonious assault, kidnapping, rape, sexual battery, gross sexual imposition, aggravated arson, aggravated robbery, or aggravated burglary. Continued practice after the suspension shall be considered practicing without a license.
The board shall notify the individual subject to the suspension by certified mail or in person in accordance with section 119.07 of the Revised Code. If an individual whose license is suspended under this division fails to make a timely request for an adjudication under Chapter 119. of the Revised Code, the board shall enter a final order permanently revoking the individual's license to practice.
(K) In any instance in which the board is required by Chapter 119. of the Revised Code to give notice of opportunity for hearing and the individual subject to the notice does not timely request a hearing in accordance with section 119.07 of the Revised Code, the board is not required to hold a hearing, but may adopt, by an affirmative vote of not fewer than six of its members, a final order that contains the board's findings. In the final order, the board may order any of the sanctions identified under division (A) or (B) of this section.
(L) Any action taken by the board under division (B) of this section resulting in a suspension shall be accompanied by a written statement of the conditions under which the anesthesiologist assistant's license may be reinstated. The board shall adopt rules in accordance with Chapter 119. of the Revised Code governing conditions to be imposed for reinstatement. Reinstatement of a license suspended pursuant to division (B) of this section requires an affirmative vote of not fewer than six members of the board.
(M) When the board refuses to grant or issue a license to practice as an anesthesiologist assistant to an applicant, revokes an individual's license, refuses to renew an individual's license, or refuses to reinstate an individual's license, the board may specify that its action is permanent. An individual subject to a permanent action taken by the board is forever thereafter ineligible to hold a license to practice as an anesthesiologist assistant and the board shall not accept an application for reinstatement of the license or for issuance of a new license.
(N) Notwithstanding any other provision of the Revised Code, all of the following apply:
(1) The surrender of a license to practice issued under this chapter is not effective unless or until accepted by the board. Reinstatement of a license surrendered to the board requires an affirmative vote of not fewer than six members of the board.
(2) An application made under this chapter for a license to practice may not be withdrawn without approval of the board.
(3) Failure by an individual to renew a license to practice in accordance with section 4760.06 of the Revised Code shall not remove or limit the board's jurisdiction to take disciplinary action under this section against the individual.
Sec. 4761.09. (A) The state medical board, by an affirmative vote of not fewer than six members, shall, except as provided in division (B) of this section, and to the extent permitted by law, limit, revoke, or suspend an individual's license or limited permit, refuse to issue a license or limited permit to an individual, refuse to renew a license or limited permit, refuse to reinstate a license or limited permit, or reprimand or place on probation the holder of a license or limited permit for one or more of the following reasons:
(1) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a felony;
(2) Commission of an act that constitutes a felony in this state, regardless of the jurisdiction in which the act was committed;
(3) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a misdemeanor committed in the course of practice;
(4) Commission of an act in the course of practice that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed;
(5) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a misdemeanor involving moral turpitude;
(6) Commission of an act involving moral turpitude that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed;
(7) Except when civil penalties are imposed under section 4761.091 of the Revised Code, violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter or the rules adopted by the board;
(8) Making a false, fraudulent, deceptive, or misleading statement in the solicitation of or advertising for patients; in relation to the practice of respiratory care; or in securing or attempting to secure any license or permit issued by the board under this chapter.
As used in division (A)(8) of this section, "false, fraudulent, deceptive, or misleading statement" means a statement that includes a misrepresentation of fact, is likely to mislead or deceive because of a failure to disclose material facts, is intended or is likely to create false or unjustified expectations of favorable results, or includes representations or implications that in reasonable probability will cause an ordinarily prudent person to misunderstand or be deceived.
(9) Committing fraud during the administration of the examination for a license to practice or committing fraud, misrepresentation, or deception in applying for, renewing, or securing any license or permit issued by the board;
(10) A departure from, or failure to conform to, minimal standards of care of similar practitioners under the same or similar circumstances, whether or not actual injury to a patient is established;
(11) Violating the standards of ethical conduct adopted by the board, in the practice of respiratory care;
(12) The obtaining of, or attempting to obtain, money or anything of value by fraudulent misrepresentations in the course of practice;
(13) Violation of the conditions of limitation placed by the board upon a license or permit;
(14) Inability to practice according to acceptable and prevailing standards of care by reason of mental illness or physical illness, including physical deterioration that adversely affects cognitive, motor, or perceptive skills;
(15) Any of the following actions taken by an agency responsible for authorizing, certifying, or regulating an individual to practice a health care occupation or provide health care services in this state or another jurisdiction, for any reason other than the nonpayment of fees: the limitation, revocation, or suspension of an individual's license; acceptance of an individual's license surrender; denial of a license; refusal to renew or reinstate a license; imposition of probation; or issuance of an order of censure or other reprimand;
(16) The revocation, suspension, restriction, reduction, or termination of practice privileges by the United States department of defense or department of veterans affairs;
(17) Termination or suspension from participation in the medicare or medicaid programs by the department of health and human services or other responsible agency for any act or acts that also would constitute a violation of division (A)(10), (12), or (14) of this section;
(18) Impairment of ability to practice according to acceptable and prevailing standards of care because of habitual or excessive use or abuse of drugs, alcohol, or other substances that impair ability to practice;
(19) Failure to cooperate in an investigation conducted by the board under division (E) of section 4761.03 of the Revised Code, including failure to comply with a subpoena or order issued by the board or failure to answer truthfully a question presented by the board in an investigative interview, an investigative office conference, at a deposition, or in written interrogatories, except that failure to cooperate with an investigation shall not constitute grounds for discipline under this section if a court of competent jurisdiction has issued an order that either quashes a subpoena or permits the individual to withhold the testimony or evidence in issue;
(20) Practicing in an area of respiratory care for which the person is clearly untrained or incompetent or practicing in a manner that conflicts with section 4761.17 of the Revised Code;
(21) Employing, directing, or supervising a person who is not authorized to practice respiratory care under this chapter in the performance of respiratory care procedures;
(22) Misrepresenting educational attainments or authorized functions for the purpose of obtaining some benefit related to the practice of respiratory care;
(23) Assisting suicide as defined in section 3795.01 of the Revised Code;
(24) Representing, with the purpose of obtaining compensation or other advantage as personal gain or for any other person, that an incurable disease or injury, or other incurable condition, can be permanently cured.
Disciplinary actions taken by the board under division (A) of this section shall be taken pursuant to an adjudication under Chapter 119. of the Revised Code, except that in lieu of an adjudication, the board may enter into a consent agreement with an individual to resolve an allegation of a violation of this chapter or any rule adopted under it. A consent agreement, when ratified by an affirmative vote of not fewer than six members of the board, shall constitute the findings and order of the board with respect to the matter addressed in the agreement. If the board refuses to ratify a consent agreement, the admissions and findings contained in the consent agreement shall be of no effect.
A telephone conference call may be utilized for ratification of a consent agreement that revokes or suspends an individual's license or permit. The telephone conference call shall be considered a special meeting under division (F) of section 121.22 of the Revised Code.
(B) The board shall not refuse to issue a license or limited permit to an applicant because of a plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for an offense unless the refusal is in accordance with section 9.79 of the Revised Code.
(C) Any action taken by the board under division (A) of this section resulting in a suspension from practice shall be accompanied by a written statement of the conditions under which the individual's license or permit may be reinstated. The board shall adopt rules governing conditions to be imposed for reinstatement. Reinstatement of a license or permit suspended pursuant to division (A) of this section requires an affirmative vote of not fewer than six members of the board.
(D) When the board refuses to grant or issue a license or permit to an applicant, revokes an individual's license or permit, refuses to renew an individual's license or permit, or refuses to reinstate an individual's license or permit, the board may specify that its action is permanent. An individual subject to a permanent action taken by the board is forever thereafter ineligible to hold a license or permit and the board shall not accept an application for reinstatement of the license or permit or for issuance of a new license or permit.
(E) If the board is required by Chapter 119. of the Revised Code to give notice of an opportunity for a hearing and if the individual subject to the notice does not timely request a hearing in accordance with section 119.07 of the Revised Code, the board is not required to hold a hearing, but may adopt, by an affirmative vote of not fewer than six of its members, a final order that contains the board's findings. In the final order, the board may order any of the sanctions identified under division (A) of this section.
(F) In enforcing division (A)(14) of this section, the board, upon a showing of a possible violation, may compel any individual authorized to practice by this chapter or who has submitted an application pursuant to this chapter to submit to a mental examination, physical examination, including an HIV test, or both a mental and a physical examination. The expense of the examination is the responsibility of the individual compelled to be examined. Failure to submit to a mental or physical examination or consent to an HIV test ordered by the board constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individual's control, and a default and final order may be entered without the taking of testimony or presentation of evidence. If the board finds an individual unable to practice because of the reasons set forth in division (A)(14) of this section, the board shall require the individual to submit to care, counseling, or treatment by physicians approved or designated by the board, as a condition for initial, continued, reinstated, or renewed authority to practice. An individual affected under this division shall be afforded an opportunity to demonstrate to the board the ability to resume practice in compliance with acceptable and prevailing standards under the provisions of the individual's license or permit. For the purpose of division (A)(14) of this section, any individual who applies for or receives a license or permit to practice under this chapter accepts the privilege of practicing in this state and, by so doing, shall be deemed to have given consent to submit to a mental or physical examination when directed to do so in writing by the board, and to have waived all objections to the admissibility of testimony or examination reports that constitute a privileged communication.
(G) For the purposes of division (A)(18) of this section, any individual authorized to practice by this chapter accepts the privilege of practicing in this state subject to supervision by the board. By filing an application for or holding a license or permit under this chapter, an individual shall be deemed to have given consent to submit to a mental or physical examination when ordered to do so by the board in writing, and to have waived all objections to the admissibility of testimony or examination reports that constitute privileged communications.
If it has reason to believe that any individual authorized to practice by this chapter or any applicant for a license or permit suffers such impairment, the board may compel the individual to submit to a mental or physical examination, or both. The expense of the examination is the responsibility of the individual compelled to be examined. Any mental or physical examination required under this division shall be undertaken by a treatment provider or physician who is qualified to conduct the examination and who is chosen by the board.
Failure to submit to a mental or physical examination ordered by the board constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individual's control, and a default and final order may be entered without the taking of testimony or presentation of evidence. If the board determines that the individual's ability to practice is impaired, the board shall suspend the individual's license or permit or deny the individual's application and shall require the individual, as a condition for an initial, continued, reinstated, or renewed license or permit, to submit to treatment.
Before being eligible to apply for reinstatement of a license or permit suspended under this division, the impaired practitioner shall demonstrate to the board the ability to resume practice in compliance with acceptable and prevailing standards of care under the provisions of the practitioner's license or permit. The demonstration shall include, but shall not be limited to, the following:
(1) Certification from a treatment provider approved under section 4731.25 of the Revised Code that the individual has successfully completed any required inpatient treatment;
(2) Evidence of continuing full compliance with an aftercare contract or consent agreement;
(3) Two written reports indicating that the individual's ability to practice has been assessed and that the individual has been found capable of practicing according to acceptable and prevailing standards of care. The reports shall be made by individuals or providers approved by the board for making the assessments and shall describe the basis for their determination.
The board may reinstate a license or permit suspended under this division after that demonstration and after the individual has entered into a written consent agreement.
When the impaired practitioner resumes practice, the board shall require continued monitoring of the individual. The monitoring shall include, but not be limited to, compliance with the written consent agreement entered into before reinstatement or with conditions imposed by board order after a hearing, and, upon termination of the consent agreement, submission to the board for at least two years of annual written progress reports made under penalty of perjury stating whether the individual has maintained sobriety.
(H) If the secretary and supervising member determine both of the following, they may recommend that the board suspend an individual's license or permit without a prior hearing:
(1) That there is clear and convincing evidence that an individual has violated division (A) of this section;
(2) That the individual's continued practice presents a danger of immediate and serious harm to the public.
Written allegations shall be prepared for consideration by the board. The board, upon review of those allegations and by an affirmative vote of not fewer than six of its members, excluding the secretary and supervising member, may suspend a license or permit without a prior hearing. A telephone conference call may be utilized for reviewing the allegations and taking the vote on the summary suspension.
The board shall issue a written order of suspension by certified mail or in person in accordance with section 119.07 of the Revised Code. The order shall not be subject to suspension by the court during pendency of any appeal filed under section 119.12 of the Revised Code. If the individual subject to the summary suspension requests an adjudicatory hearing by the board, the date set for the hearing shall be within fifteen days, but not earlier than seven days, after the individual requests the hearing, unless otherwise agreed to by both the board and the individual.
Any summary suspension imposed under this division shall remain in effect, unless reversed on appeal, until a final adjudicative order issued by the board pursuant to this section and Chapter 119. of the Revised Code becomes effective. The board shall issue its final adjudicative order within seventy-five days after completion of its hearing. A failure to issue the order within seventy-five days shall result in dissolution of the summary suspension order but shall not invalidate any subsequent, final adjudicative order.
(I) For purposes of divisions (A)(2), (4), and (6) of this section, the commission of the act may be established by a finding by the board, pursuant to an adjudication under Chapter 119. of the Revised Code, that the individual committed the act. The board does not have jurisdiction under those divisions if the trial court renders a final judgment in the individual's favor and that judgment is based upon an adjudication on the merits. The board has jurisdiction under those divisions if the trial court issues an order of dismissal upon technical or procedural grounds.
(J) The sealing or expungement of conviction records by any court shall have no effect upon a prior board order entered under this section or upon the board's jurisdiction to take action under this section if, based upon a plea of guilty, a judicial finding of guilt, or a judicial finding of eligibility for intervention in lieu of conviction, the board issued a notice of opportunity for a hearing prior to the court's order to seal or expunge the records. The board shall not be required to seal, destroy, redact, or otherwise modify its records to reflect the court's sealing or expungement of conviction records.
(K) If the board takes action under division (A)(1), (3), or (5) of this section, and the judicial finding of guilt, guilty plea, or judicial finding of eligibility for intervention in lieu of conviction is overturned on appeal, upon exhaustion of the criminal appeal, a petition for reconsideration of the order may be filed with the board along with appropriate court documents. Upon receipt of a petition for reconsideration and supporting court documents, the board shall reinstate the individual's license or permit. The board may then hold an adjudication under Chapter 119. of the Revised Code to determine whether the individual committed the act in question. Notice of an opportunity for a hearing shall be given in accordance with Chapter 119. of the Revised Code. If the board finds, pursuant to an adjudication held under this division, that the individual committed the act or if no hearing is requested, the board may order any of the sanctions identified under division (A) of this section.
(L) The license or permit issued to an individual under this chapter and the individual's practice in this state are automatically suspended as of the date the individual pleads guilty to, is found by a judge or jury to be guilty of, or is subject to a judicial finding of eligibility for intervention in lieu of conviction in this state or treatment or intervention in lieu of conviction in another jurisdiction for any of the following criminal offenses in this state or a substantially equivalent criminal offense in another jurisdiction: aggravated murder, murder, voluntary manslaughter, felonious assault, kidnapping, rape, sexual battery, gross sexual imposition, aggravated arson, aggravated robbery, or aggravated burglary. Continued practice after suspension shall be considered practicing without a license or permit.
The board shall notify the individual subject to the suspension by certified mail or in person in accordance with section 119.07 of the Revised Code. If an individual whose license or permit is automatically suspended under this division fails to make a timely request for an adjudication under Chapter 119. of the Revised Code, the board shall enter a final order permanently revoking the individual's license or permit.
(M) Notwithstanding any other provision of the Revised Code, all of the following apply:
(1) The surrender of a license or permit issued under this chapter shall not be effective unless or until accepted by the board. A telephone conference call may be utilized for acceptance of the surrender of an individual's license or permit. The telephone conference call shall be considered a special meeting under division (F) of section 121.22 of the Revised Code. Reinstatement of a license or permit surrendered to the board requires an affirmative vote of not fewer than six members of the board.
(2) An application for a license or permit made under the provisions of this chapter may not be withdrawn without approval of the board.
(3) Failure by an individual to renew a license or permit in accordance with this chapter shall not remove or limit the board's jurisdiction to take any disciplinary action under this section against the individual.
(4) At the request of the board, a license or permit holder shall immediately surrender to the board a license or permit that the board has suspended, revoked, or permanently revoked.
Sec. 4762.13. (A) The state medical board, by an affirmative vote of not fewer than six members, may revoke or may refuse to grant a license to practice as an oriental medicine practitioner or license to practice as an acupuncturist to a person found by the board to have committed fraud, misrepresentation, or deception in applying for or securing the license.
(B) The board, by an affirmative vote of not fewer than six members, shall, except as provided in division (C) of this section, and to the extent permitted by law, limit, revoke, or suspend an individual's license to practice, refuse to issue a license to an applicant, refuse to renew a license, refuse to reinstate a license, or reprimand or place on probation the holder of a license for any of the following reasons:
(1) Permitting the holder's name or license to be used by another person;
(2) Failure to comply with the requirements of this chapter, Chapter 4731. of the Revised Code, or any rules adopted by the board;
(3) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter, Chapter 4731. of the Revised Code, or the rules adopted by the board;
(4) A departure from, or failure to conform to, minimal standards of care of similar practitioners under the same or similar circumstances whether or not actual injury to the patient is established;
(5) Inability to practice according to acceptable and prevailing standards of care by reason of mental illness or physical illness, including physical deterioration that adversely affects cognitive, motor, or perceptive skills;
(6) Impairment of ability to practice according to acceptable and prevailing standards of care because of habitual or excessive use or abuse of drugs, alcohol, or other substances that impair ability to practice;
(7) Willfully betraying a professional confidence;
(8) Making a false, fraudulent, deceptive, or misleading statement in soliciting or advertising for patients or in securing or attempting to secure a license to practice as an oriental medicine practitioner or license to practice as an acupuncturist.
As used in this division, "false, fraudulent, deceptive, or misleading statement" means a statement that includes a misrepresentation of fact, is likely to mislead or deceive because of a failure to disclose material facts, is intended or is likely to create false or unjustified expectations of favorable results, or includes representations or implications that in reasonable probability will cause an ordinarily prudent person to misunderstand or be deceived.
(9) Representing, with the purpose of obtaining compensation or other advantage personally or for any other person, that an incurable disease or injury, or other incurable condition, can be permanently cured;
(10) The obtaining of, or attempting to obtain, money or a thing of value by fraudulent misrepresentations in the course of practice;
(11) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a felony;
(12) Commission of an act that constitutes a felony in this state, regardless of the jurisdiction in which the act was committed;
(13) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a misdemeanor committed in the course of practice;
(14) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a misdemeanor involving moral turpitude;
(15) Commission of an act in the course of practice that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed;
(16) Commission of an act involving moral turpitude that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed;
(17) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for violating any state or federal law regulating the possession, distribution, or use of any drug, including trafficking in drugs;
(18) Any of the following actions taken by the state agency responsible for regulating the practice of oriental medicine or acupuncture in another jurisdiction, for any reason other than the nonpayment of fees: the limitation, revocation, or suspension of an individual's license to practice; acceptance of an individual's license surrender; denial of a license; refusal to renew or reinstate a license; imposition of probation; or issuance of an order of censure or other reprimand;
(19) Violation of the conditions placed by the board on a license to practice as an oriental medicine practitioner or license to practice as an acupuncturist;
(20) Failure to use universal blood and body fluid precautions established by rules adopted under section 4731.051 of the Revised Code;
(21) Failure to cooperate in an investigation conducted by the board under section 4762.14 of the Revised Code, including failure to comply with a subpoena or order issued by the board or failure to answer truthfully a question presented by the board at a deposition or in written interrogatories, except that failure to cooperate with an investigation shall not constitute grounds for discipline under this section if a court of competent jurisdiction has issued an order that either quashes a subpoena or permits the individual to withhold the testimony or evidence in issue;
(22) Failure to comply with the standards of the national certification commission for acupuncture and oriental medicine regarding professional ethics, commitment to patients, commitment to the profession, and commitment to the public;
(23) Failure to have adequate professional liability insurance coverage in accordance with section 4762.22 of the Revised Code;
(24) Failure to maintain a current and active designation as a diplomate in oriental medicine, diplomate of acupuncture and Chinese herbology, or diplomate in acupuncture, as applicable, from the national certification commission for acupuncture and oriental medicine, including revocation by the commission of the individual's designation, failure by the individual to meet the commission's requirements for redesignation, or failure to notify the board that the appropriate designation has not been maintained.
(C) The board shall not refuse to issue a certificate to an applicant because of a plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for an offense unless the refusal is in accordance with section 9.79 of the Revised Code.
(D) Disciplinary actions taken by the board under divisions (A) and (B) of this section shall be taken pursuant to an adjudication under Chapter 119. of the Revised Code, except that in lieu of an adjudication, the board may enter into a consent agreement with an oriental medicine practitioner or acupuncturist or applicant to resolve an allegation of a violation of this chapter or any rule adopted under it. A consent agreement, when ratified by an affirmative vote of not fewer than six members of the board, shall constitute the findings and order of the board with respect to the matter addressed in the agreement. If the board refuses to ratify a consent agreement, the admissions and findings contained in the consent agreement shall be of no force or effect.
(E) For purposes of divisions (B)(12), (15), and (16) of this section, the commission of the act may be established by a finding by the board, pursuant to an adjudication under Chapter 119. of the Revised Code, that the applicant or license holder committed the act in question. The board shall have no jurisdiction under these divisions in cases where the trial court renders a final judgment in the license holder's favor and that judgment is based upon an adjudication on the merits. The board shall have jurisdiction under these divisions in cases where the trial court issues an order of dismissal upon technical or procedural grounds.
(F) The sealing or expungement of conviction records by any court shall have no effect upon a prior board order entered under the provisions of this section or upon the board's jurisdiction to take action under the provisions of this section if, based upon a plea of guilty, a judicial finding of guilt, or a judicial finding of eligibility for intervention in lieu of conviction, the board issued a notice of opportunity for a hearing or entered into a consent agreement prior to the court's order to seal or expunge the records. The board shall not be required to seal, destroy, redact, or otherwise modify its records to reflect the court's sealing or expungement of conviction records.
(G) For purposes of this division, any individual who holds a license to practice issued under this chapter, or applies for a license to practice, shall be deemed to have given consent to submit to a mental or physical examination when directed to do so in writing by the board and to have waived all objections to the admissibility of testimony or examination reports that constitute a privileged communication.
(1) In enforcing division (B)(5) of this section, the board, upon a showing of a possible violation, may compel any individual who holds a license to practice issued under this chapter or who has applied for a license pursuant to this chapter to submit to a mental examination, physical examination, including an HIV test, or both a mental and physical examination. The expense of the examination is the responsibility of the individual compelled to be examined. Failure to submit to a mental or physical examination or consent to an HIV test ordered by the board constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individual's control, and a default and final order may be entered without the taking of testimony or presentation of evidence. If the board finds an oriental medicine practitioner or acupuncturist unable to practice because of the reasons set forth in division (B)(5) of this section, the board shall require the individual to submit to care, counseling, or treatment by physicians approved or designated by the board, as a condition for an initial, continued, reinstated, or renewed license to practice. An individual affected by this division shall be afforded an opportunity to demonstrate to the board the ability to resume practicing in compliance with acceptable and prevailing standards of care.
(2) For purposes of division (B)(6) of this section, if the board has reason to believe that any individual who holds a license to practice issued under this chapter or any applicant for a license suffers such impairment, the board may compel the individual to submit to a mental or physical examination, or both. The expense of the examination is the responsibility of the individual compelled to be examined. Any mental or physical examination required under this division shall be undertaken by a treatment provider or physician qualified to conduct such examination and chosen by the board.
Failure to submit to a mental or physical examination ordered by the board constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individual's control, and a default and final order may be entered without the taking of testimony or presentation of evidence. If the board determines that the individual's ability to practice is impaired, the board shall suspend the individual's license or deny the individual's application and shall require the individual, as a condition for an initial, continued, reinstated, or renewed license, to submit to treatment.
Before being eligible to apply for reinstatement of a license suspended under this division, the oriental medicine practitioner or acupuncturist shall demonstrate to the board the ability to resume practice in compliance with acceptable and prevailing standards of care. The demonstration shall include the following:
(a) Certification from a treatment provider approved under section 4731.25 of the Revised Code that the individual has successfully completed any required inpatient treatment;
(b) Evidence of continuing full compliance with an aftercare contract or consent agreement;
(c) Two written reports indicating that the individual's ability to practice has been assessed and that the individual has been found capable of practicing according to acceptable and prevailing standards of care. The reports shall be made by individuals or providers approved by the board for making such assessments and shall describe the basis for their determination.
The board may reinstate a license suspended under this division after such demonstration and after the individual has entered into a written consent agreement.
When the impaired individual resumes practice, the board shall require continued monitoring of the individual. The monitoring shall include monitoring of compliance with the written consent agreement entered into before reinstatement or with conditions imposed by board order after a hearing, and, upon termination of the consent agreement, submission to the board for at least two years of annual written progress reports made under penalty of falsification stating whether the individual has maintained sobriety.
(H) If the secretary and supervising member determine both of the following, they may recommend that the board suspend an individual's license to practice without a prior hearing:
(1) That there is clear and convincing evidence that an oriental medicine practitioner or acupuncturist has violated division (B) of this section;
(2) That the individual's continued practice presents a danger of immediate and serious harm to the public.
Written allegations shall be prepared for consideration by the board. The board, upon review of the allegations and by an affirmative vote of not fewer than six of its members, excluding the secretary and supervising member, may suspend a license without a prior hearing. A telephone conference call may be utilized for reviewing the allegations and taking the vote on the summary suspension.
The board shall issue a written order of suspension by certified mail or in person in accordance with section 119.07 of the Revised Code. The order shall not be subject to suspension by the court during pendency of any appeal filed under section 119.12 of the Revised Code. If the oriental medicine practitioner or acupuncturist requests an adjudicatory hearing by the board, the date set for the hearing shall be within fifteen days, but not earlier than seven days, after the hearing is requested, unless otherwise agreed to by both the board and the license holder.
A summary suspension imposed under this division shall remain in effect, unless reversed on appeal, until a final adjudicative order issued by the board pursuant to this section and Chapter 119. of the Revised Code becomes effective. The board shall issue its final adjudicative order within sixty days after completion of its hearing. Failure to issue the order within sixty days shall result in dissolution of the summary suspension order, but shall not invalidate any subsequent, final adjudicative order.
(I) If the board takes action under division (B)(11), (13), or (14) of this section, and the judicial finding of guilt, guilty plea, or judicial finding of eligibility for intervention in lieu of conviction is overturned on appeal, upon exhaustion of the criminal appeal, a petition for reconsideration of the order may be filed with the board along with appropriate court documents. Upon receipt of a petition and supporting court documents, the board shall reinstate the license. The board may then hold an adjudication under Chapter 119. of the Revised Code to determine whether the individual committed the act in question. Notice of opportunity for hearing shall be given in accordance with Chapter 119. of the Revised Code. If the board finds, pursuant to an adjudication held under this division, that the individual committed the act, or if no hearing is requested, it may order any of the sanctions specified in division (B) of this section.
(J) The license to practice of an oriental medicine practitioner or acupuncturist and the practitioner's or acupuncturist's practice in this state are automatically suspended as of the date the practitioner or acupuncturist pleads guilty to, is found by a judge or jury to be guilty of, or is subject to a judicial finding of eligibility for intervention in lieu of conviction in this state or treatment or intervention in lieu of conviction in another jurisdiction for any of the following criminal offenses in this state or a substantially equivalent criminal offense in another jurisdiction: aggravated murder, murder, voluntary manslaughter, felonious assault, kidnapping, rape, sexual battery, gross sexual imposition, aggravated arson, aggravated robbery, or aggravated burglary. Continued practice after the suspension shall be considered practicing without a license.
The board shall notify the individual subject to the suspension by certified mail or in person in accordance with section 119.07 of the Revised Code. If an individual whose license is suspended under this division fails to make a timely request for an adjudication under Chapter 119. of the Revised Code, the board shall enter a final order permanently revoking the individual's license.
(K) In any instance in which the board is required by Chapter 119. of the Revised Code to give notice of opportunity for hearing and the individual subject to the notice does not timely request a hearing in accordance with section 119.07 of the Revised Code, the board is not required to hold a hearing, but may adopt, by an affirmative vote of not fewer than six of its members, a final order that contains the board's findings. In the final order, the board may order any of the sanctions identified under division (A) or (B) of this section.
(L) Any action taken by the board under division (B) of this section resulting in a suspension shall be accompanied by a written statement of the conditions under which the license may be reinstated. The board shall adopt rules in accordance with Chapter 119. of the Revised Code governing conditions to be imposed for reinstatement. Reinstatement of a license suspended pursuant to division (B) of this section requires an affirmative vote of not fewer than six members of the board.
(M) When the board refuses to grant or issue a license to an applicant, revokes an individual's license, refuses to renew an individual's license, or refuses to reinstate an individual's license, the board may specify that its action is permanent. An individual subject to a permanent action taken by the board is forever thereafter ineligible to hold a license to practice as an oriental medicine practitioner or license to practice as an acupuncturist and the board shall not accept an application for reinstatement of the license or for issuance of a new license.
(N) Notwithstanding any other provision of the Revised Code, all of the following apply:
(1) The surrender of a license to practice as an oriental medicine practitioner or license to practice as an acupuncturist issued under this chapter is not effective unless or until accepted by the board. Reinstatement of a license surrendered to the board requires an affirmative vote of not fewer than six members of the board.
(2) An application made under this chapter for a license may not be withdrawn without approval of the board.
(3) Failure by an individual to renew a license in accordance with section 4762.06 of the Revised Code shall not remove or limit the board's jurisdiction to take disciplinary action under this section against the individual.
Sec. 4774.13. (A) The state medical board, by an affirmative vote of not fewer than six members, may revoke or may refuse to grant a license to practice as a radiologist assistant to an individual found by the board to have committed fraud, misrepresentation, or deception in applying for or securing the license.
(B) The board, by an affirmative vote of not fewer than six members, shall, except as provided in division (C) of this section, and to the extent permitted by law, limit, revoke, or suspend an individual's license to practice as a radiologist assistant, refuse to issue a license to an applicant, refuse to renew a license, refuse to reinstate a license, or reprimand or place on probation the holder of a license for any of the following reasons:
(1) Permitting the holder's name or license to be used by another person;
(2) Failure to comply with the requirements of this chapter, Chapter 4731. of the Revised Code, or any rules adopted by the board;
(3) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter, Chapter 4731. of the Revised Code, or the rules adopted by the board;
(4) A departure from, or failure to conform to, minimal standards of care of similar practitioners under the same or similar circumstances whether or not actual injury to the patient is established;
(5) Inability to practice according to acceptable and prevailing standards of care by reason of mental illness or physical illness, including physical deterioration that adversely affects cognitive, motor, or perceptive skills;
(6) Impairment of ability to practice according to acceptable and prevailing standards of care because of habitual or excessive use or abuse of drugs, alcohol, or other substances that impair ability to practice;
(7) Willfully betraying a professional confidence;
(8) Making a false, fraudulent, deceptive, or misleading statement in securing or attempting to secure a license to practice as a radiologist assistant.
As used in this division, "false, fraudulent, deceptive, or misleading statement" means a statement that includes a misrepresentation of fact, is likely to mislead or deceive because of a failure to disclose material facts, is intended or is likely to create false or unjustified expectations of favorable results, or includes representations or implications that in reasonable probability will cause an ordinarily prudent person to misunderstand or be deceived.
(9) The obtaining of, or attempting to obtain, money or a thing of value by fraudulent misrepresentations in the course of practice;
(10) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a felony;
(11) Commission of an act that constitutes a felony in this state, regardless of the jurisdiction in which the act was committed;
(12) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a misdemeanor committed in the course of practice;
(13) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a misdemeanor involving moral turpitude;
(14) Commission of an act in the course of practice that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed;
(15) Commission of an act involving moral turpitude that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed;
(16) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for violating any state or federal law regulating the possession, distribution, or use of any drug, including trafficking in drugs;
(17) Any of the following actions taken by the state agency responsible for regulating the practice of radiologist assistants in another jurisdiction, for any reason other than the nonpayment of fees: the limitation, revocation, or suspension of an individual's license to practice; acceptance of an individual's license surrender; denial of a license; refusal to renew or reinstate a license; imposition of probation; or issuance of an order of censure or other reprimand;
(18) Violation of the conditions placed by the board on a license to practice as a radiologist assistant;
(19) Failure to use universal blood and body fluid precautions established by rules adopted under section 4731.051 of the Revised Code;
(20) Failure to cooperate in an investigation conducted by the board under section 4774.14 of the Revised Code, including failure to comply with a subpoena or order issued by the board or failure to answer truthfully a question presented by the board at a deposition or in written interrogatories, except that failure to cooperate with an investigation shall not constitute grounds for discipline under this section if a court of competent jurisdiction has issued an order that either quashes a subpoena or permits the individual to withhold the testimony or evidence in issue;
(21) Failure to maintain a license as a radiographer under Chapter 4773. of the Revised Code;
(22) Failure to maintain certification as a registered radiologist assistant from the American registry of radiologic technologists, including revocation by the registry of the assistant's certification or failure by the assistant to meet the registry's requirements for annual registration, or failure to notify the board that the certification as a registered radiologist assistant has not been maintained;
(23) Failure to comply with any of the rules of ethics included in the standards of ethics established by the American registry of radiologic technologists, as those rules apply to an individual who holds the registry's certification as a registered radiologist assistant.
(C) The board shall not refuse to issue a license to an applicant because of a plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for an offense unless the refusal is in accordance with section 9.79 of the Revised Code.
(D) Disciplinary actions taken by the board under divisions (A) and (B) of this section shall be taken pursuant to an adjudication under Chapter 119. of the Revised Code, except that in lieu of an adjudication, the board may enter into a consent agreement with a radiologist assistant or applicant to resolve an allegation of a violation of this chapter or any rule adopted under it. A consent agreement, when ratified by an affirmative vote of not fewer than six members of the board, shall constitute the findings and order of the board with respect to the matter addressed in the agreement. If the board refuses to ratify a consent agreement, the admissions and findings contained in the consent agreement shall be of no force or effect.
(E) For purposes of divisions (B)(11), (14), and (15) of this section, the commission of the act may be established by a finding by the board, pursuant to an adjudication under Chapter 119. of the Revised Code, that the applicant or license holder committed the act in question. The board shall have no jurisdiction under these divisions in cases where the trial court renders a final judgment in the license holder's favor and that judgment is based upon an adjudication on the merits. The board shall have jurisdiction under these divisions in cases where the trial court issues an order of dismissal on technical or procedural grounds.
(F) The sealing or expungement of conviction records by any court shall have no effect on a prior board order entered under the provisions of this section or on the board's jurisdiction to take action under the provisions of this section if, based upon a plea of guilty, a judicial finding of guilt, or a judicial finding of eligibility for intervention in lieu of conviction, the board issued a notice of opportunity for a hearing prior to the court's order to seal or expunge the records. The board shall not be required to seal, destroy, redact, or otherwise modify its records to reflect the court's sealing or expungement of conviction records.
(G) For purposes of this division, any individual who holds a license to practice as a radiologist assistant issued under this chapter, or applies for a license, shall be deemed to have given consent to submit to a mental or physical examination when directed to do so in writing by the board and to have waived all objections to the admissibility of testimony or examination reports that constitute a privileged communication.
(1) In enforcing division (B)(5) of this section, the board, on a showing of a possible violation, may compel any individual who holds a license to practice as a radiologist assistant issued under this chapter or who has applied for a license to submit to a mental or physical examination, or both. A physical examination may include an HIV test. The expense of the examination is the responsibility of the individual compelled to be examined. Failure to submit to a mental or physical examination or consent to an HIV test ordered by the board constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individual's control, and a default and final order may be entered without the taking of testimony or presentation of evidence. If the board finds a radiologist assistant unable to practice because of the reasons set forth in division (B)(5) of this section, the board shall require the radiologist assistant to submit to care, counseling, or treatment by physicians approved or designated by the board, as a condition for an initial, continued, reinstated, or renewed license. An individual affected by this division shall be afforded an opportunity to demonstrate to the board the ability to resume practicing in compliance with acceptable and prevailing standards of care.
(2) For purposes of division (B)(6) of this section, if the board has reason to believe that any individual who holds a license to practice as a radiologist assistant issued under this chapter or any applicant for a license suffers such impairment, the board may compel the individual to submit to a mental or physical examination, or both. The expense of the examination is the responsibility of the individual compelled to be examined. Any mental or physical examination required under this division shall be undertaken by a treatment provider or physician qualified to conduct such examination and chosen by the board.
Failure to submit to a mental or physical examination ordered by the board constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individual's control, and a default and final order may be entered without the taking of testimony or presentation of evidence. If the board determines that the individual's ability to practice is impaired, the board shall suspend the individual's license or deny the individual's application and shall require the individual, as a condition for an initial, continued, reinstated, or renewed license to practice, to submit to treatment.
Before being eligible to apply for reinstatement of a license suspended under this division, the radiologist assistant shall demonstrate to the board the ability to resume practice in compliance with acceptable and prevailing standards of care. The demonstration shall include the following:
(a) Certification from a treatment provider approved under section 4731.25 of the Revised Code that the individual has successfully completed any required inpatient treatment;
(b) Evidence of continuing full compliance with an aftercare contract or consent agreement;
(c) Two written reports indicating that the individual's ability to practice has been assessed and that the individual has been found capable of practicing according to acceptable and prevailing standards of care. The reports shall be made by individuals or providers approved by the board for making such assessments and shall describe the basis for their determination.
The board may reinstate a license suspended under this division after such demonstration and after the individual has entered into a written consent agreement.
When the impaired radiologist assistant resumes practice, the board shall require continued monitoring of the radiologist assistant. The monitoring shall include monitoring of compliance with the written consent agreement entered into before reinstatement or with conditions imposed by board order after a hearing, and, on termination of the consent agreement, submission to the board for at least two years of annual written progress reports made under penalty of falsification stating whether the radiologist assistant has maintained sobriety.
(H) If the secretary and supervising member determine that there is clear and convincing evidence that a radiologist assistant has violated division (B) of this section and that the individual's continued practice presents a danger of immediate and serious harm to the public, they may recommend that the board suspend the individual's license to practice without a prior hearing. Written allegations shall be prepared for consideration by the board.
The board, on review of the allegations and by an affirmative vote of not fewer than six of its members, excluding the secretary and supervising member, may suspend a license without a prior hearing. A telephone conference call may be utilized for reviewing the allegations and taking the vote on the summary suspension.
The board shall issue a written order of suspension by certified mail or in person in accordance with section 119.07 of the Revised Code. The order shall not be subject to suspension by the court during pendency of any appeal filed under section 119.12 of the Revised Code. If the radiologist assistant requests an adjudicatory hearing by the board, the date set for the hearing shall be within fifteen days, but not earlier than seven days, after the radiologist assistant requests the hearing, unless otherwise agreed to by both the board and the license holder.
A summary suspension imposed under this division shall remain in effect, unless reversed on appeal, until a final adjudicative order issued by the board pursuant to this section and Chapter 119. of the Revised Code becomes effective. The board shall issue its final adjudicative order within sixty days after completion of its hearing. Failure to issue the order within sixty days shall result in dissolution of the summary suspension order, but shall not invalidate any subsequent, final adjudicative order.
(I) If the board takes action under division (B)(10), (12), or (13) of this section, and the judicial finding of guilt, guilty plea, or judicial finding of eligibility for intervention in lieu of conviction is overturned on appeal, on exhaustion of the criminal appeal, a petition for reconsideration of the order may be filed with the board along with appropriate court documents. On receipt of a petition and supporting court documents, the board shall reinstate the license to practice as a radiologist assistant. The board may then hold an adjudication under Chapter 119. of the Revised Code to determine whether the individual committed the act in question. Notice of opportunity for hearing shall be given in accordance with Chapter 119. of the Revised Code. If the board finds, pursuant to an adjudication held under this division, that the individual committed the act, or if no hearing is requested, it may order any of the sanctions specified in division (B) of this section.
(J) The license to practice of a radiologist assistant and the assistant's practice in this state are automatically suspended as of the date the radiologist assistant pleads guilty to, is found by a judge or jury to be guilty of, or is subject to a judicial finding of eligibility for intervention in lieu of conviction in this state or treatment of intervention in lieu of conviction in another jurisdiction for any of the following criminal offenses in this state or a substantially equivalent criminal offense in another jurisdiction: aggravated murder, murder, voluntary manslaughter, felonious assault, kidnapping, rape, sexual battery, gross sexual imposition, aggravated arson, aggravated robbery, or aggravated burglary. Continued practice after the suspension shall be considered practicing without a license.
The board shall notify the individual subject to the suspension by certified mail or in person in accordance with section 119.07 of the Revised Code. If an individual whose license is suspended under this division fails to make a timely request for an adjudication under Chapter 119. of the Revised Code, the board shall enter a final order permanently revoking the individual's license.
(K) In any instance in which the board is required by Chapter 119. of the Revised Code to give notice of opportunity for hearing and the individual subject to the notice does not timely request a hearing in accordance with section 119.07 of the Revised Code, the board is not required to hold a hearing, but may adopt, by an affirmative vote of not fewer than six of its members, a final order that contains the board's findings. In the final order, the board may order any of the sanctions identified under division (A) or (B) of this section.
(L) Any action taken by the board under division (B) of this section resulting in a suspension shall be accompanied by a written statement of the conditions under which the radiologist assistant's license may be reinstated. The board shall adopt rules in accordance with Chapter 119. of the Revised Code governing conditions to be imposed for reinstatement. Reinstatement of a license suspended pursuant to division (B) of this section requires an affirmative vote of not fewer than six members of the board.
(M) When the board refuses to grant or issue a license to practice as a radiologist assistant to an applicant, revokes an individual's license, refuses to renew an individual's license, or refuses to reinstate an individual's license, the board may specify that its action is permanent. An individual subject to a permanent action taken by the board is forever thereafter ineligible to hold a license to practice as a radiologist assistant and the board shall not accept an application for reinstatement of the license or for issuance of a new license.
(N) Notwithstanding any other provision of the Revised Code, all of the following apply:
(1) The surrender of a license to practice as a radiologist assistant issued under this chapter is not effective unless or until accepted by the board. Reinstatement of a license surrendered to the board requires an affirmative vote of not fewer than six members of the board.
(2) An application made under this chapter for a license to practice may not be withdrawn without approval of the board.
(3) Failure by an individual to renew a license to practice in accordance with section 4774.06 of the Revised Code shall not remove or limit the board's jurisdiction to take disciplinary action under this section against the individual.
Sec. 4778.14. (A) The state medical board, by an affirmative vote of not fewer than six members, may revoke or may refuse to grant a license to practice as a genetic counselor to an individual found by the board to have committed fraud, misrepresentation, or deception in applying for or securing the license.
(B) The board, by an affirmative vote of not fewer than six members, shall, except as provided in division (C) of this section, and to the extent permitted by law, limit, revoke, or suspend an individual's license to practice as a genetic counselor, refuse to issue a license to an applicant, refuse to renew a license, refuse to reinstate a license, or reprimand or place on probation the holder of a license for any of the following reasons:
(1) Permitting the holder's name or license to be used by another person;
(2) Failure to comply with the requirements of this chapter, Chapter 4731. of the Revised Code, or any rules adopted by the board;
(3) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter, Chapter 4731. of the Revised Code, or the rules adopted by the board;
(4) A departure from, or failure to conform to, minimal standards of care of similar practitioners under the same or similar circumstances whether or not actual injury to the patient is established;
(5) Inability to practice according to acceptable and prevailing standards of care by reason of mental illness or physical illness, including physical deterioration that adversely affects cognitive, motor, or perceptive skills;
(6) Impairment of ability to practice according to acceptable and prevailing standards of care because of habitual or excessive use or abuse of drugs, alcohol, or other substances that impair ability to practice;
(7) Willfully betraying a professional confidence;
(8) Making a false, fraudulent, deceptive, or misleading statement in securing or attempting to secure a license to practice as a genetic counselor.
As used in this division, "false, fraudulent, deceptive, or misleading statement" means a statement that includes a misrepresentation of fact, is likely to mislead or deceive because of a failure to disclose material facts, is intended or is likely to create false or unjustified expectations of favorable results, or includes representations or implications that in reasonable probability will cause an ordinarily prudent person to misunderstand or be deceived.
(9) The obtaining of, or attempting to obtain, money or a thing of value by fraudulent misrepresentations in the course of practice;
(10) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a felony;
(11) Commission of an act that constitutes a felony in this state, regardless of the jurisdiction in which the act was committed;
(12) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a misdemeanor committed in the course of practice;
(13) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a misdemeanor involving moral turpitude;
(14) Commission of an act in the course of practice that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed;
(15) Commission of an act involving moral turpitude that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed;
(16) A plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for violating any state or federal law regulating the possession, distribution, or use of any drug, including trafficking in drugs;
(17) Any of the following actions taken by an agency responsible for authorizing, certifying, or regulating an individual to practice a health care occupation or provide health care services in this state or in another jurisdiction, for any reason other than the nonpayment of fees: the limitation, revocation, or suspension of an individual's license to practice; acceptance of an individual's license surrender; denial of a license; refusal to renew or reinstate a license; imposition of probation; or issuance of an order of censure or other reprimand;
(18) Violation of the conditions placed by the board on a license to practice as a genetic counselor;
(19) Failure to cooperate in an investigation conducted by the board under section 4778.18 of the Revised Code, including failure to comply with a subpoena or order issued by the board or failure to answer truthfully a question presented by the board at a deposition or in written interrogatories, except that failure to cooperate with an investigation shall not constitute grounds for discipline under this section if a court of competent jurisdiction has issued an order that either quashes a subpoena or permits the individual to withhold the testimony or evidence in issue;
(20) Failure to maintain the individual's status as a certified genetic counselor;
(21) Failure to comply with the code of ethics established by the national society of genetic counselors.
(C) The board shall not refuse to issue a license to an applicant because of a plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for an offense unless the refusal is in accordance with section 9.79 of the Revised Code.
(D) Disciplinary actions taken by the board under divisions (A) and (B) of this section shall be taken pursuant to an adjudication under Chapter 119. of the Revised Code, except that in lieu of an adjudication, the board may enter into a consent agreement with a genetic counselor or applicant to resolve an allegation of a violation of this chapter or any rule adopted under it. A consent agreement, when ratified by an affirmative vote of not fewer than six members of the board, shall constitute the findings and order of the board with respect to the matter addressed in the agreement. If the board refuses to ratify a consent agreement, the admissions and findings contained in the consent agreement shall be of no force or effect.
A telephone conference call may be utilized for ratification of a consent agreement that revokes or suspends an individual's license. The telephone conference call shall be considered a special meeting under division (F) of section 121.22 of the Revised Code.
(E) For purposes of divisions (B)(11), (14), and (15) of this section, the commission of the act may be established by a finding by the board, pursuant to an adjudication under Chapter 119. of the Revised Code, that the applicant or license holder committed the act in question. The board shall have no jurisdiction under these divisions in cases where the trial court renders a final judgment in the license holder's favor and that judgment is based upon an adjudication on the merits. The board shall have jurisdiction under these divisions in cases where the trial court issues an order of dismissal on technical or procedural grounds.
(F) The sealing or expungement of conviction records by any court shall have no effect on a prior board order entered under the provisions of this section or on the board's jurisdiction to take action under the provisions of this section if, based upon a plea of guilty, a judicial finding of guilt, or a judicial finding of eligibility for intervention in lieu of conviction, the board issued a notice of opportunity for a hearing or took other formal action under Chapter 119. of the Revised Code prior to the court's order to seal or expunge the records. The board shall not be required to seal, destroy, redact, or otherwise modify its records to reflect the court's sealing or expungement of conviction records.
(G) For purposes of this division, any individual who holds a license to practice as a genetic counselor, or applies for a license, shall be deemed to have given consent to submit to a mental or physical examination when directed to do so in writing by the board and to have waived all objections to the admissibility of testimony or examination reports that constitute a privileged communication.
(1) In enforcing division (B)(5) of this section, the board, on a showing of a possible violation, may compel any individual who holds a license to practice as a genetic counselor or who has applied for a license to practice as a genetic counselor to submit to a mental or physical examination, or both. A physical examination may include an HIV test. The expense of the examination is the responsibility of the individual compelled to be examined. Failure to submit to a mental or physical examination or consent to an HIV test ordered by the board constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individual's control, and a default and final order may be entered without the taking of testimony or presentation of evidence. If the board finds a genetic counselor unable to practice because of the reasons set forth in division (B)(5) of this section, the board shall require the genetic counselor to submit to care, counseling, or treatment by physicians approved or designated by the board, as a condition for an initial, continued, reinstated, or renewed license to practice. An individual affected by this division shall be afforded an opportunity to demonstrate to the board the ability to resume practicing in compliance with acceptable and prevailing standards of care.
(2) For purposes of division (B)(6) of this section, if the board has reason to believe that any individual who holds a license to practice as a genetic counselor or any applicant for a license suffers such impairment, the board may compel the individual to submit to a mental or physical examination, or both. The expense of the examination is the responsibility of the individual compelled to be examined. Any mental or physical examination required under this division shall be undertaken by a treatment provider or physician qualified to conduct such examination and chosen by the board.
Failure to submit to a mental or physical examination ordered by the board constitutes an admission of the allegations against the individual unless the failure is due to circumstances beyond the individual's control, and a default and final order may be entered without the taking of testimony or presentation of evidence. If the board determines that the individual's ability to practice is impaired, the board shall suspend the individual's license or deny the individual's application and shall require the individual, as a condition for an initial, continued, reinstated, or renewed license, to submit to treatment.
Before being eligible to apply for reinstatement of a license suspended under this division, the genetic counselor shall demonstrate to the board the ability to resume practice in compliance with acceptable and prevailing standards of care. The demonstration shall include the following:
(a) Certification from a treatment provider approved under section 4731.25 of the Revised Code that the individual has successfully completed any required inpatient treatment;
(b) Evidence of continuing full compliance with an aftercare contract or consent agreement;
(c) Two written reports indicating that the individual's ability to practice has been assessed and that the individual has been found capable of practicing according to acceptable and prevailing standards of care. The reports shall be made by individuals or providers approved by the board for making such assessments and shall describe the basis for their determination.
The board may reinstate a license suspended under this division after such demonstration and after the individual has entered into a written consent agreement.
When the impaired genetic counselor resumes practice, the board shall require continued monitoring of the genetic counselor. The monitoring shall include monitoring of compliance with the written consent agreement entered into before reinstatement or with conditions imposed by board order after a hearing, and, on termination of the consent agreement, submission to the board for at least two years of annual written progress reports made under penalty of falsification stating whether the genetic counselor has maintained sobriety.
(H) If the secretary and supervising member determine both of the following, they may recommend that the board suspend an individual's license to practice without a prior hearing:
(1) That there is clear and convincing evidence that a genetic counselor has violated division (B) of this section;
(2) That the individual's continued practice presents a danger of immediate and serious harm to the public.
Written allegations shall be prepared for consideration by the board. The board, on review of the allegations and by an affirmative vote of not fewer than six of its members, excluding the secretary and supervising member, may suspend a license without a prior hearing. A telephone conference call may be utilized for reviewing the allegations and taking the vote on the summary suspension.
The board shall issue a written order of suspension by certified mail or in person in accordance with section 119.07 of the Revised Code. The order shall not be subject to suspension by the court during pendency of any appeal filed under section 119.12 of the Revised Code. If the genetic counselor requests an adjudicatory hearing by the board, the date set for the hearing shall be within fifteen days, but not earlier than seven days, after the genetic counselor requests the hearing, unless otherwise agreed to by both the board and the genetic counselor.
A summary suspension imposed under this division shall remain in effect, unless reversed on appeal, until a final adjudicative order issued by the board pursuant to this section and Chapter 119. of the Revised Code becomes effective. The board shall issue its final adjudicative order within sixty days after completion of its hearing. Failure to issue the order within sixty days shall result in dissolution of the summary suspension order, but shall not invalidate any subsequent, final adjudicative order.
(I) If the board takes action under division (B)(10), (12), or (13) of this section, and the judicial finding of guilt, guilty plea, or judicial finding of eligibility for intervention in lieu of conviction is overturned on appeal, on exhaustion of the criminal appeal, a petition for reconsideration of the order may be filed with the board along with appropriate court documents. On receipt of a petition and supporting court documents, the board shall reinstate the license to practice as a genetic counselor. The board may then hold an adjudication under Chapter 119. of the Revised Code to determine whether the individual committed the act in question. Notice of opportunity for hearing shall be given in accordance with Chapter 119. of the Revised Code. If the board finds, pursuant to an adjudication held under this division, that the individual committed the act, or if no hearing is requested, it may order any of the sanctions specified in division (B) of this section.
(J) The license to practice as a genetic counselor and the counselor's practice in this state are automatically suspended as of the date the genetic counselor pleads guilty to, is found by a judge or jury to be guilty of, or is subject to a judicial finding of eligibility for intervention in lieu of conviction in this state or treatment of intervention in lieu of conviction in another jurisdiction for any of the following criminal offenses in this state or a substantially equivalent criminal offense in another jurisdiction: aggravated murder, murder, voluntary manslaughter, felonious assault, kidnapping, rape, sexual battery, gross sexual imposition, aggravated arson, aggravated robbery, or aggravated burglary. Continued practice after the suspension shall be considered practicing without a license.
The board shall notify the individual subject to the suspension by certified mail or in person in accordance with section 119.07 of the Revised Code. If an individual whose license is suspended under this division fails to make a timely request for an adjudication under Chapter 119. of the Revised Code, the board shall enter a final order permanently revoking the individual's license to practice.
(K) In any instance in which the board is required by Chapter 119. of the Revised Code to give notice of opportunity for hearing and the individual subject to the notice does not timely request a hearing in accordance with section 119.07 of the Revised Code, the board is not required to hold a hearing, but may adopt, by an affirmative vote of not fewer than six of its members, a final order that contains the board's findings. In the final order, the board may order any of the sanctions identified under division (A) or (B) of this section.
(L) Any action taken by the board under division (B) of this section resulting in a suspension shall be accompanied by a written statement of the conditions under which the license of the genetic counselor may be reinstated. The board shall adopt rules in accordance with Chapter 119. of the Revised Code governing conditions to be imposed for reinstatement. Reinstatement of a license suspended pursuant to division (B) of this section requires an affirmative vote of not fewer than six members of the board.
(M) When the board refuses to grant or issue a license to practice as a genetic counselor to an applicant, revokes an individual's license, refuses to renew an individual's license, or refuses to reinstate an individual's license, the board may specify that its action is permanent. An individual subject to a permanent action taken by the board is forever thereafter ineligible to hold a license to practice as a genetic counselor and the board shall not accept an application for reinstatement of the license or for issuance of a new license.
(N) Notwithstanding any other provision of the Revised Code, all of the following apply:
(1) The surrender of a license to practice as a genetic counselor is not effective unless or until accepted by the board. A telephone conference call may be utilized for acceptance of the surrender of an individual's license. The telephone conference call shall be considered a special meeting under division (F) of section 121.22 of the Revised Code. Reinstatement of a license surrendered to the board requires an affirmative vote of not fewer than six members of the board.
(2) An application made under this chapter for a license to practice may not be withdrawn without approval of the board.
(3) Failure by an individual to renew a license in accordance with section 4778.06 of the Revised Code shall not remove or limit the board's jurisdiction to take disciplinary action under this section against the individual.
Sec. 5120.035. (A) As used in this section:
(1) "Community treatment provider" means a program that provides substance use disorder assessment and treatment for persons and that satisfies all of the following:
(a) It is located outside of a state correctional institution.
(b) It shall provide the assessment and treatment for qualified prisoners referred and transferred to it under this section in a suitable facility that is licensed pursuant to division (C) of section 2967.14 of the Revised Code.
(c) All qualified prisoners referred and transferred to it under this section shall reside initially in the suitable facility specified in division (A)(1)(b) of this section while undergoing the assessment and treatment.
(2) "Electronic monitoring device" has the same meaning as in section 2929.01 of the Revised Code.
(3) "State correctional institution" has the same meaning as in section 2967.01 of the Revised Code.
(4) "Qualified prisoner" means a person who satisfies all of the following:
(a) The person is confined in a state correctional institution under a prison term imposed for a felony of the third, fourth, or fifth degree that is not an offense of violence.
(b) The department of rehabilitation and correction determines, using a standardized assessment tool, that the person has a substance use disorder.
(c) The person has not more than twelve months remaining to be served under the prison term described in division (A)(4)(a) of this section.
(d) The person is not serving any prison term other than the term described in division (A)(4)(a) of this section.
(e) The person is eighteen years of age or older.
(f) The person does not show signs of drug or alcohol withdrawal and does not require medical detoxification.
(g) As determined by the department of rehabilitation and correction, the person is physically and mentally capable of uninterrupted participation in the substance use disorder treatment program established under division (B) of this section.
(B) The department of rehabilitation and correction shall establish and operate a program for community-based substance use disorder treatment for qualified prisoners. The purpose of the program shall be to provide substance use disorder assessment and treatment through community treatment providers to help reduce substance use relapses and recidivism for qualified prisoners while preparing them for reentry into the community and improving public safety.
(C)(1) The department shall determine which qualified prisoners in its custody should be placed in the substance use disorder treatment program established under division (B) of this section. The department has full discretion in making that determination. If the department determines that a qualified prisoner should be placed in the program, the department may refer the prisoner to a community treatment provider the department has approved under division (E) of this section for participation in the program and transfer the prisoner from the state correctional institution to the provider's approved and licensed facility. Except as otherwise provided in division (C)(3) of this section, no prisoner shall be placed under the program in any facility other than a facility of a community treatment provider that has been so approved. If the department places a prisoner in the program, the prisoner shall receive credit against the prisoner's prison term for all time served in the provider's approved and licensed facility and may earn days of credit under section 2967.193 of the Revised Code, but otherwise neither the placement nor the prisoner's participation in or completion of the program shall result in any reduction of the prisoner's prison term.
(2) If the department places a prisoner in the substance use disorder treatment program, the prisoner does not satisfactorily participate in the program, and the prisoner has not served the prisoner's entire prison term, the department may remove the prisoner from the program and return the prisoner to a state correctional institution.
(3) If the department places a prisoner in the substance use disorder treatment program and the prisoner is satisfactorily participating in the program, the department may permit the prisoner to reside at a residence approved by the department if the department determines, with input from the community treatment provider, that residing at the approved residence will help the prisoner prepare for reentry into the community and will help reduce substance use relapses and recidivism for the prisoner. If a prisoner is permitted under this division to reside at a residence approved by the department, the prisoner shall be monitored during the period of that residence by an electronic monitoring device.
(D)(1) When a prisoner has been placed in the substance use disorder treatment program established under division (B) of this section, before the prisoner is released from custody of the department upon completion of the prisoner's prison term, the department shall conduct and prepare an evaluation of the prisoner, the prisoner's participation in the program, and the prisoner's needs regarding substance use disorder treatment upon release. Before the prisoner is released from custody of the department upon completion of the prisoner's prison term, the parole board or the court acting pursuant to an agreement under section 2967.29 of the Revised Code shall consider the evaluation, in addition to all other information and materials considered, as follows:
(a) If the prisoner is a prisoner for whom post-release control is mandatory under section 2967.28 of the Revised Code, the board or court shall consider it in determining which post-release control sanction or sanctions to impose upon the prisoner under that section.
(b) If the prisoner is a prisoner for whom post-release control is not mandatory under section 2967.28 of the Revised Code, the board or court shall consider it in determining whether a post-release control sanction is necessary and, if so, which post-release control sanction or sanctions to impose upon the prisoner under that section.
(2) If the department determines that a prisoner it placed in the substance use disorder treatment program successfully completed the program and successfully completed a term of post-release control, if applicable, and if the prisoner submits an application under section 2953.32 of the Revised Code for sealing or expungement of the record of the conviction, the director may issue a letter to the court in support of the application.
(E)(1) The department shall accept applications from community treatment providers that satisfy the requirement specified in division (E)(2) of this section and that wish to participate in the substance use disorder treatment program established under division (B) of this section, and shall approve for participation in the program at least four and not more than eight of the providers that apply. To the extent feasible, the department shall approve one or more providers from each geographical quadrant of the state.
(2) Each community treatment provider that applies under division (E)(1) of this section to participate in the program shall have the provider's alcohol and drug addiction services that provide substance use disorder treatment certified by the department of mental health and addiction services under section 5119.36 of the Revised Code. A community treatment provider is not required to have the provider's halfway house or residential treatment certified by the department of mental health and addiction services.
(F) The department of rehabilitation and correction shall adopt rules for the operation of the substance use disorder treatment program it establishes under division (B) of this section and shall operate the program in accordance with this section and those rules. The rules shall establish, at a minimum, all of the following:
(1) Criteria that establish which qualified prisoners are eligible for the program;
(2) Criteria that must be satisfied to transfer a qualified prisoner to a residence pursuant to division (C)(3) of this section;
(3) Criteria for the removal of a prisoner from the program pursuant to division (C)(2) of this section;
(4) Criteria for determining when an offender has successfully completed the program for purposes of division (D)(2) of this section;
(5) Criteria for community treatment providers to provide assessment and treatment, including minimum standards for treatment.
Sec. 5139.101. (A) The department of youth services, in coordination with any other agencies deemed necessary, may develop a program to assist a youth leaving the supervision, control, and custody of the department at twenty-one years of age. The program shall provide supportive services for specific educational or rehabilitative purposes, under conditions agreed upon by both the department and the youth and terminable by either. Services shall cease not later than when the youth reaches twenty-two years of age and shall not be construed as extending control of a child beyond discharge as described in section 5139.10 of the Revised Code.
(B) The services provided by the program shall be offered to the youth prior to the youth's discharge date, but a youth may request and the department shall consider any such request for the services described up to ninety days after the youth's effective date of discharge, even if the youth has previously declined services.
Sec. 5139.45. (A) As used in this section:
(1) "Quality assurance committee" means a committee that is appointed in the central office of the department of youth services by the director of youth services, a committee appointed at an institution by the managing officer of the institution, or a duly authorized subcommittee of that nature and that is designated to carry out quality assurance program activities.
(2) "Institution" means a state facility that is created by the general assembly and that is under the management and control of the department of youth services or a private entity with which the department has contracted for the institutional care and custody of felony delinquents.
(2)
(3)
"Quality
assurance program" means a comprehensive program within the
department of youth services to systematically review and improve the
quality of programming,
operations, education, comprehensive
services, including but not limited to, medical
and mental health services within the department and the department's
institutions, the safety and security of persons receiving care and
services within the department and the department's institutions, and
the efficiency and effectiveness of the utilization of staff and
resources in the delivery of services within the department and the
department's institutions.
(3)
(4)
"Quality
assurance program activities" means the activities of the
institution and the office of quality assurance and improvementa
quality assurance committee,
of persons who provide, collect, or compile information and reports
required by the
office of quality assurance and improvementa
quality assurance committee,
and of persons who receive, review, or implement the recommendations
made by the
office of quality assurance and improvementa
quality assurance committee.
"Quality assurance program activities" include,
but are not limited to,
credentialing,
infection control, utilization review including access to patient
care, patient care assessments, medical and mental health records,
medical and mental health resource management, mortality and
morbidity review, and
identification
and prevention of medical or mental health incidents and risks, and
other comprehensive service activities whether
performed by the
office of quality assurance and improvement a
quality assurance committee or
by persons who are directed by the
office of quality assurance and improvementa
quality assurance committee.
(4)
(5)
"Quality
assurance record" means the proceedings, records, minutes, and
reports that result from quality assurance program activities.
"Quality assurance record" does not include aggregate
statistical information that does not disclose the identity of
persons receiving or providing services in institutions.
(B)
The
office of quality assurance and improvement is hereby created as an
office in the department of youth services. The director of youth
services shall appoint a managing officer to carry out quality
assurance program activitiesThe
director of the department of youth services shall appoint a central
office quality assurance committee consisting of staff members from
relevant divisions within the department. The managing officer of an
institution may appoint an institutional quality assurance committee.
(C)(1) Except as otherwise provided in division (F) of this section, quality assurance records are confidential and are not public records under section 149.43 of the Revised Code and shall be used only in the course of the proper functions of a quality assurance program.
(2) Except as provided in division (F) of this section, no person who possesses or has access to quality assurance records and who knows that the records are quality assurance records shall willfully disclose the contents of the records to any person or entity.
(D)(1) Except as otherwise provided in division (F) of this section, a quality assurance record is not subject to discovery and is not admissible as evidence in any judicial or administrative proceeding.
(2)
Except as provided in division (F) of this section, no employee
of the office of quality assurance and improvement member
of a quality assurance committee or
a
person
who is performing a function that is part of a quality assurance
program shall be permitted or required to testify in a judicial or
administrative proceeding with respect to a quality assurance record
or with respect to any finding, recommendation, evaluation, opinion,
or other action taken by the office
or program or by the person within the scope of the quality assurance
programcommittee,
member, or person.
(3)
Information, documents, or records otherwise available from original
sources shall not be unavailable for discovery or inadmissible as
evidence in a judicial or administrative proceeding under division
(D)(1) of this section merely because they were presented to the
office of quality assurance and improvementa
quality assurance committee.
No person who
is an employee of the office of quality assurance and improvement
testifying
before a quality assurance committee or person who is a member of a
quality assurance committee shall
be prohibited from testifying as to matters within the person's
knowledge, but the person shall not be asked about an opinion formed
by the person as a result of the person's
quality assurance program activitiesquality
assurance committee proceedings.
(E)(1) A person who, without malice and in the reasonable belief that the information is warranted by the facts known to the person, provides information to a person engaged in quality assurance program activities is not liable for damages in a civil action for injury, death, or loss to person or property as a result of providing the information.
(2)
An
employee of the office of quality assurance and improvementA
member of a quality assurance committee,
a person engaged in quality assurance program activities, or an
employee of the department of youth services shall not be liable in
damages in a civil action for injury, death, or loss to person or
property for any acts, omissions, decisions, or other conduct within
the scope of the functions of the quality assurance program.
(3) Nothing in this section shall relieve any institution from liability arising from the treatment of a patient.
(F) Quality assurance records may be disclosed, and testimony may be provided concerning quality assurance records, only to the following persons or entities or under the following circumstances:
(1)
Persons who are employed or retained by the department of youth
services and who have the authority to evaluate or implement the
recommendations of an
institution or the office of quality assurance and improvementa
quality assurance committee;
(2) Public or private agencies or organizations if needed to perform a licensing or accreditation function related to institutions or to perform monitoring of institutions as required by law;
(3) A governmental board or agency, a professional health care society or organization, or a professional standards review organization, if the records or testimony are needed to perform licensing, credentialing, or monitoring of professional standards with respect to medical or mental health professionals employed or retained by the department;
(4) A criminal or civil law enforcement agency or public health agency charged by law with the protection of public health or safety, if a qualified representative of the agency makes a written request stating that the records or testimony are necessary for a purpose authorized by law;
(5) In a judicial or administrative proceeding commenced by an entity described in division (F)(3) or (4) of this section for a purpose described in that division but only with respect to the subject of the proceedings.
(G)
A disclosure of quality assurance records pursuant to division (F) of
this section does not otherwise waive the confidential and privileged
status of the disclosed quality assurance records. The names and
other identifying information regarding individual patients or
employees of the
office of quality assurance and improvement a
quality assurance committee contained
in a quality assurance record shall be redacted from the record prior
to the disclosure of the record unless the identity of an individual
is necessary for the purpose for which the disclosure is being made
and does not constitute a clearly unwarranted invasion of personal
privacy.
Sec.
5149.38. (A)
In each voluntary county, subject to division (B) of this section and
not later than September
1, 2022June
30, 2022,
a county commissioner representing the board of county commissioners
of the county, the administrative judge of the general division of
the court of common pleas of the county, the sheriff of the county,
and an official from any municipality operating a local correctional
facility in the county to which courts of the county sentence
offenders shall agree to, sign, and submit to the department of
rehabilitation and correction for its approval a memorandum of
understanding that does all of the following:
(1) Sets forth the plans by which the county will use grant money provided to the county in state fiscal year 2023 and succeeding state fiscal years under the targeting community alternatives to prison (T-CAP) program;
(2) Specifies the manner in which the county will address a per diem reimbursement of local correctional facilities for prisoners who serve a prison term in the facility pursuant to division (B)(3)(c) of section 2929.34 of the Revised Code. The per diem reimbursement rate shall be the rate determined in division (F)(1) of this section and shall be specified in the memorandum;
(3) Specifies whether the memorandum of understanding will apply to prison terms for felonies of the fifth degree or prison terms for felonies of the fourth and fifth degree pursuant to division (B)(3)(c) of section 2929.34 of the Revised Code.
(B)
Two or more voluntary counties may join together to jointly establish
a memorandum of understanding of the type described in division (A)
of this section. Not later than September
1, 2022June
30, 2022,
a county commissioner from each of the affiliating voluntary counties
representing the county's board of county commissioners, the
administrative judge of the general division of the court of common
pleas of each affiliating voluntary county, the sheriff of each
affiliating voluntary county, and an official from any municipality
operating a local correctional facility in the affiliating voluntary
counties to which courts of the counties sentence offenders shall
agree to, sign, and submit to the department of rehabilitation and
correction for its approval the memorandum of understanding. The
memorandum of understanding shall set forth the plans by which, and
specify the manner in which, the affiliating counties will complete
the tasks identified in divisions (A)(1) to (3) of this section.
(C) The department of rehabilitation and correction shall adopt rules establishing standards for approval of memorandums of understanding submitted to it under division (A) or (B) of this section. The department shall review the memorandums of understanding submitted to it and may require the county or counties that submit a memorandum to modify the memorandum. The director of rehabilitation and correction shall approve memorandums of understanding submitted to it under division (A) or (B) of this section that the director determines satisfy the standards adopted by the department within thirty days after receiving each memorandum submitted.
(D) Any person responsible for agreeing to, signing, and submitting a memorandum of understanding under division (A) or (B) of this section may delegate the person's authority to do so to an employee of the agency, entity, or office served by the person.
(E) The persons signing a memorandum of understanding under division (A) or (B) of this section, or their successors in office, may revise the memorandum as they determine necessary. Any revision of the memorandum shall be signed by the parties specified in division (A) or (B) of this section and submitted to the department of rehabilitation and correction for its approval under division (C) of this section within thirty days after the beginning of the state fiscal year.
(F)(1) In each county, commencing in calendar year 2023, on or before the first day of February of each calendar year the sheriff shall determine the per diem costs for the preceding calendar year for each of the local correctional facilities for the housing in the facility of prisoners who serve a term in it pursuant to division (B)(3)(c) of section 2929.34 of the Revised Code. The per diem cost so determined shall apply in the calendar year in which the determination is made.
(2) For each county, the per diem cost determined under division (F)(1) of this section that applies with respect to a facility in a specified calendar year shall be the per diem rate of reimbursement in that calendar year, under the targeting community alternatives to prison (T-CAP) program, for prisoners who serve a term in the facility pursuant to division (B)(3)(c) of section 2929.34 of the Revised Code.
(3) The per diem costs of housing determined under division (F)(1) of this section for a facility shall be the actual costs of housing the specified prisoners in the facility, on a per diem basis.
(G) As used in this section:
(1) "Local correctional facility" means a facility of a type described in division (C) or (D) of section 2929.34 of the Revised Code.
(2) "Voluntary county" has the same meanings as in section 2929.34 of the Revised Code.
Section 2. That existing sections 1.58, 109.11, 109.57, 109.572, 109.71, 109.73, 109.75, 109.79, 109.801, 149.43, 307.93, 313.10, 341.42, 753.32, 2151.34, 2151.358, 2307.70, 2746.02, 2901.01, 2901.05, 2901.08, 2903.06, 2903.08, 2903.214, 2907.05, 2907.15, 2909.01, 2909.02, 2909.03, 2909.04, 2909.05, 2909.08, 2909.081, 2909.09, 2909.11, 2909.14, 2909.15, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.30, 2909.31, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.21, 2911.31, 2911.32, 2913.01, 2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.07, 2913.11, 2913.21, 2913.30, 2913.31, 2913.34, 2913.40, 2913.401, 2913.42, 2913.43, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2913.61, 2913.72, 2913.73, 2913.82, 2917.01, 2917.02, 2917.03, 2917.031, 2917.04, 2917.05, 2917.11, 2917.12, 2917.13, 2917.21, 2917.31, 2917.33, 2917.40, 2917.41, 2917.47, 2919.22, 2921.01, 2921.02, 2921.03, 2921.05, 2921.11, 2921.12, 2921.13, 2921.21, 2921.23, 2921.24, 2921.29, 2921.31, 2921.32, 2921.321, 2921.33, 2921.331, 2921.34, 2921.35, 2921.36, 2921.37, 2921.38, 2921.41, 2921.42, 2921.421, 2921.44, 2921.45, 2921.51, 2921.52, 2923.01, 2923.02, 2923.03, 2923.125, 2923.128, 2923.1213, 2923.13, 2923.14, 2923.16, 2925.04, 2925.11, 2925.12, 2925.14, 2925.141, 2927.01, 2927.02, 2927.021, 2927.023, 2927.03, 2927.12, 2927.15, 2927.17, 2927.21, 2927.22, 2927.24, 2927.27, 2929.01, 2929.11, 2929.12, 2929.14, 2929.20, 2929.21, 2929.22, 2929.34, 2929.71, 2933.51, 2939.21, 2941.1413, 2941.25, 2945.42, 2945.71, 2945.73, 2950.01, 2951.041, 2953.08, 2953.25, 2953.31, 2953.32, 2953.34, 2953.37, 2953.38, 2953.52, 2953.521, 2953.56, 2953.57, 2953.58, 2953.59, 2953.61, 2967.04, 2967.132, 2967.193, 2967.26, 2967.271, 2971.03, 3107.01, 3113.31, 3770.021, 3791.99, 4301.61, 4301.69, 4506.01, 4510.04, 4511.19, 4511.21, 4723.28, 4729.16, 4729.56, 4729.57, 4729.96, 4730.25, 4731.22, 4734.31, 4752.09, 4759.07, 4760.13, 4761.09, 4762.13, 4774.13, 4778.14, 5120.035, 5139.45, and 5149.38 of the Revised Code are hereby repealed.
Section 3. That sections 2909.06, 2909.07, 2909.10, 2909.101, 2909.13, 2909.21, 2909.25, 2909.29, 2911.10, 2911.211, 2911.23, 2913.32, 2913.33, 2913.41, 2913.421, 2913.44, 2913.441, 2913.71, 2917.32, 2917.46, 2921.04, 2921.14, 2921.15, 2921.22, 2921.25, 2927.022, 2927.11, 2953.321, 2953.33, 2953.35, 2953.36, 2953.51, 2953.53, 2953.54, 2953.55, and 2967.19 of the Revised Code are hereby repealed.
Section 4. That sections 1.07, 9.06, 9.07, 101.721, 109.42, 109.54, 109.88, 109.921, 111.48, 145.57, 148.10, 149.433, 311.281, 341.011, 742.461, 753.19, 901.511, 955.261, 955.28, 971.08, 1503.09, 1533.68, 1905.01, 2151.14, 2151.356, 2151.414, 2151.419, 2151.421, 2152.02, 2152.021, 2152.16, 2152.201, 2152.71, 2152.72, 2152.74, 2152.81, 2152.811, 2305.111, 2305.112, 2307.611, 2307.62, 2307.65, 2307.67, 2308.04, 2710.05, 2743.62, 2901.011, 2901.07, 2901.13, 2903.01, 2903.11, 2903.211, 2903.212, 2903.213, 2903.43, 2905.32, 2907.06, 2907.10, 2907.11, 2907.27, 2907.28, 2907.29, 2907.30, 2919.123, 2919.25, 2919.251, 2919.26, 2919.27, 2923.04, 2923.126, 2923.129, 2923.132, 2923.31, 2923.41, 2925.61, 2929.04, 2929.13, 2929.18, 2930.01, 2930.03, 2930.06, 2930.16, 2930.17, 2933.81, 2933.82, 2935.03, 2935.041, 2935.36, 2937.11, 2941.1425, 2945.04, 2945.481, 2945.482, 2945.491, 2949.02, 2950.99, 2953.09, 2967.12, 2967.13, 2967.16, 2967.28, 2971.01, 3109.50, 3111.04, 3301.32, 3301.541, 3305.09, 3309.67, 3313.662, 3319.31, 3319.39, 3333.38, 3712.09, 3715.06, 3721.121, 3737.22, 3750.09, 3751.04, 3752.14, 3770.05, 3772.99, 3905.841, 3999.21, 4301.25, 4303.292, 4507.08, 4508.06, 4510.13, 4510.54, 4511.204, 4511.205, 4519.47, 4715.036, 4729.552, 4729.553, 4734.99, 4925.04, 4931.06, 5103.0319, 5120.14, 5120.66, 5139.01, 5149.101, 5153.111, 5160.292, 5162.15, 5502.52, 5502.522, 5502.53, 5739.026, and 6111.53 of the Revised Code be amended to read as follows:
Sec. 1.07. Except as provided in sections 2909.11 and 2913.61 of the Revised Code with respect to property that is subject to the particular section, when an evidence of debt or a written instrument is the subject of a criminal act, the amount of money due on the evidence of debt or the written instrument or secured thereby, or the amount of money or the value of property affected thereby, shall be deemed the value of the evidence of debt or the written instrument.
Sec. 9.06. (A)(1) The department of rehabilitation and correction may contract for the private operation and management pursuant to this section of the initial intensive program prison established pursuant to section 5120.033 of the Revised Code, if one or more intensive program prisons are established under that section, and may contract for the private operation and management of any other facility under this section. Counties and municipal corporations to the extent authorized in sections 307.93, 341.35, 753.03, and 753.15 of the Revised Code may contract for the private operation and management of a facility under this section. A contract entered into under this section shall be for an initial term specified in the contract with an option to renew for additional periods of two years.
(2) The department of rehabilitation and correction, by rule, shall adopt minimum criteria and specifications that a person or entity, other than a person or entity that satisfies the criteria set forth in division (A)(3)(a) of this section and subject to division (I) of this section, must satisfy in order to apply to operate and manage as a contractor pursuant to this section the initial intensive program prison established pursuant to section 5120.033 of the Revised Code, if one or more intensive program prisons are established under that section.
(3) Subject to division (I) of this section, any person or entity that applies to operate and manage a facility as a contractor pursuant to this section shall satisfy one or more of the following criteria:
(a) The person or entity, at the time of the application, operates and manages one or more facilities accredited by the American correctional association.
(b) The person or entity satisfies all of the minimum criteria and specifications adopted by the department of rehabilitation and correction pursuant to division (A)(2) of this section, provided that this alternative shall be available only in relation to the initial intensive program prison established pursuant to section 5120.033 of the Revised Code, if one or more intensive program prisons are established under that section.
(4) Subject to division (I) of this section, before a public entity may enter into a contract under this section, the contractor shall convincingly demonstrate to the public entity that it can operate the facility with the inmate capacity required by the public entity and provide the services required in this section and realize at least a five per cent savings over the projected cost to the public entity of providing these same services to operate the facility that is the subject of the contract. No out-of-state prisoners may be housed in any facility that is the subject of a contract entered into under this section, unless the contractor can convincingly demonstrate to the director of rehabilitation and correction that all out-of-state prisoners will be functionally segregated from inmates from this state at all times.
(B) Subject to division (I) of this section, any contract entered into under this section shall include all of the following:
(1) A requirement that, if the contractor applied pursuant to division (A)(3)(b) of this section, the contractor continue complying with the applicable criteria and specifications adopted by the department of rehabilitation and correction pursuant to division (A)(2) of this section;
(2) A requirement that all of the following conditions be met:
(a) The contractor begins the process of accrediting the facility with the American correctional association no later than sixty days after the facility receives its first inmate.
(b) The contractor receives accreditation of the facility within twelve months after the date the contractor applies to the American correctional association for accreditation.
(c) Once the accreditation is received, the contractor maintains it for the duration of the contract term.
(d) If the contractor does not comply with divisions (B)(2)(a) to (c) of this section, the contractor is in violation of the contract, and the public entity may revoke the contract at its discretion.
(3) A requirement that the contractor comply with all rules promulgated by the department of rehabilitation and correction that apply to the operation and management of correctional facilities, including the minimum standards for jails in Ohio and policies regarding the use of force and the use of deadly force, although the public entity may require more stringent standards, and comply with any applicable laws, rules, or regulations of the federal, state, and local governments, including, but not limited to, sanitation, food service, safety, and health regulations. The contractor shall be required to send copies of reports of inspections completed by the appropriate authorities regarding compliance with rules and regulations to the director of rehabilitation and correction or the director's designee and, if contracting with a local public entity, to the governing authority of that entity.
(4) A requirement that the contractor report for investigation all crimes in connection with the facility to the public entity, to all local law enforcement agencies with jurisdiction over the place at which the facility is located, and, for a crime committed at a state correctional institution, to the state highway patrol;
(5)
A requirement that the contractor immediately report all escapes from
the facility, and the apprehension of all escapees, by telephone and
in writing to all local law enforcement agencies with jurisdiction
over the place at which the facility is located, to the prosecuting
attorney of the county in which the facility is located, to the state
highway patrol, to a daily newspaper having general circulation in
the county in which the facility is located, and, if the facility is
a state correctional institution, to the department of rehabilitation
and correction. The written notice may be by either facsimile
transmission or mail. A failure to comply with this requirement
regarding an escape is a violation of section 2921.22
2921.26
of
the Revised Code.
(6) A requirement that, if the facility is a state correctional institution, the contractor provide a written report within specified time limits to the director of rehabilitation and correction or the director's designee of all unusual incidents at the facility as defined in rules promulgated by the department of rehabilitation and correction or, if the facility is a local correctional institution, that the contractor provide a written report of all unusual incidents at the facility to the governing authority of the local public entity;
(7) A requirement that the contractor maintain proper control of inmates' personal funds pursuant to rules promulgated by the department of rehabilitation and correction for state correctional institutions or pursuant to the minimum standards for jails along with any additional standards established by the local public entity for local correctional institutions and that records pertaining to these funds be made available to representatives of the public entity for review or audit;
(8) A requirement that the contractor prepare and distribute to the director of rehabilitation and correction or, if contracting with a local public entity, to the governing authority of the local entity annual budget income and expenditure statements and funding source financial reports;
(9) A requirement that the public entity appoint and supervise a full-time contract monitor, that the contractor provide suitable office space for the contract monitor at the facility, and that the contractor allow the contract monitor unrestricted access to all parts of the facility and all records of the facility except the contractor's financial records;
(10) A requirement that if the facility is a state correctional institution designated department of rehabilitation and correction staff members be allowed access to the facility in accordance with rules promulgated by the department;
(11) A requirement that the contractor provide internal and perimeter security as agreed upon in the contract;
(12) If the facility is a state correctional institution, a requirement that the contractor impose discipline on inmates housed in the facility only in accordance with rules promulgated by the department of rehabilitation and correction;
(13) A requirement that the facility be staffed at all times with a staffing pattern approved by the public entity and adequate both to ensure supervision of inmates and maintenance of security within the facility and to provide for programs, transportation, security, and other operational needs. In determining security needs, the contractor shall be required to consider, among other things, the proximity of the facility to neighborhoods and schools.
(14) If the contract is with a local public entity, a requirement that the contractor provide services and programs, consistent with the minimum standards for jails promulgated by the department of rehabilitation and correction under section 5120.10 of the Revised Code;
(15) A clear statement that no immunity from liability granted to the state, and no immunity from liability granted to political subdivisions under Chapter 2744. of the Revised Code, shall extend to the contractor or any of the contractor's employees;
(16) A statement that all documents and records relevant to the facility shall be maintained in the same manner required for, and subject to the same laws, rules, and regulations as apply to, the records of the public entity;
(17) Authorization for the public entity to impose a fine on the contractor from a schedule of fines included in the contract for the contractor's failure to perform its contractual duties or to cancel the contract, as the public entity considers appropriate. If a fine is imposed, the public entity may reduce the payment owed to the contractor pursuant to any invoice in the amount of the imposed fine.
(18) A statement that all services provided or goods produced at the facility shall be subject to the same regulations, and the same distribution limitations, as apply to goods and services produced at other correctional institutions;
(19) If the facility is a state correctional institution, authorization for the department to establish one or more prison industries at the facility;
(20) A requirement that, if the facility is an intensive program prison established pursuant to section 5120.033 of the Revised Code, the facility shall comply with all criteria for intensive program prisons of that type that are set forth in that section;
(21) If the facility is a state correctional institution, a requirement that the contractor provide clothing for all inmates housed in the facility that is conspicuous in its color, style, or color and style, that conspicuously identifies its wearer as an inmate, and that is readily distinguishable from clothing of a nature that normally is worn outside the facility by non-inmates, that the contractor require all inmates housed in the facility to wear the clothing so provided, and that the contractor not permit any inmate, while inside or on the premises of the facility or while being transported to or from the facility, to wear any clothing of a nature that does not conspicuously identify its wearer as an inmate and that normally is worn outside the facility by non-inmates.
(C) No contract entered into under this section may require, authorize, or imply a delegation of the authority or responsibility of the public entity to a contractor for any of the following:
(1) Developing or implementing procedures for calculating inmate release and parole eligibility dates and recommending the granting or denying of parole, although the contractor may submit written reports that have been prepared in the ordinary course of business;
(2) Developing or implementing procedures for calculating and awarding earned credits, approving the type of work inmates may perform and the wage or earned credits, if any, that may be awarded to inmates engaging in that work, and granting, denying, or revoking earned credits;
(3) For inmates serving a term imposed for a felony offense committed prior to July 1, 1996, or for a misdemeanor offense, developing or implementing procedures for calculating and awarding good time, approving the good time, if any, that may be awarded to inmates engaging in work, and granting, denying, or revoking good time;
(4) Classifying an inmate or placing an inmate in a more or a less restrictive custody than the custody ordered by the public entity;
(5) Approving inmates for work release;
(6) Contracting for local or long distance telephone services for inmates or receiving commissions from those services at a facility that is owned by or operated under a contract with the department.
(D) A contractor that has been approved to operate a facility under this section, and a person or entity that enters into a contract for specialized services, as described in division (I) of this section, relative to an intensive program prison established pursuant to section 5120.033 of the Revised Code to be operated by a contractor that has been approved to operate the prison under this section, shall provide an adequate policy of insurance specifically including, but not limited to, insurance for civil rights claims as determined by a risk management or actuarial firm with demonstrated experience in public liability for state governments. The insurance policy shall provide that the state, including all state agencies, and all political subdivisions of the state with jurisdiction over the facility or in which a facility is located are named as insured, and that the state and its political subdivisions shall be sent any notice of cancellation. The contractor may not self-insure.
A contractor that has been approved to operate a facility under this section, and a person or entity that enters into a contract for specialized services, as described in division (I) of this section, relative to an intensive program prison established pursuant to section 5120.033 of the Revised Code to be operated by a contractor that has been approved to operate the prison under this section, shall indemnify and hold harmless the state, its officers, agents, and employees, and any local government entity in the state having jurisdiction over the facility or ownership of the facility, shall reimburse the state for its costs in defending the state or any of its officers, agents, or employees, and shall reimburse any local government entity of that nature for its costs in defending the local government entity, from all of the following:
(1) Any claims or losses for services rendered by the contractor, person, or entity performing or supplying services in connection with the performance of the contract;
(2) Any failure of the contractor, person, or entity or its officers or employees to adhere to the laws, rules, regulations, or terms agreed to in the contract;
(3) Any constitutional, federal, state, or civil rights claim brought against the state related to the facility operated and managed by the contractor;
(4) Any claims, losses, demands, or causes of action arising out of the contractor's, person's, or entity's activities in this state;
(5) Any attorney's fees or court costs arising from any habeas corpus actions or other inmate suits that may arise from any event that occurred at the facility or was a result of such an event, or arise over the conditions, management, or operation of the facility, which fees and costs shall include, but not be limited to, attorney's fees for the state's representation and for any court-appointed representation of any inmate, and the costs of any special judge who may be appointed to hear those actions or suits.
(E) Private correctional officers of a contractor operating and managing a facility pursuant to a contract entered into under this section may carry and use firearms in the course of their employment only after being certified as satisfactorily completing an approved training program as described in division (A) of section 109.78 of the Revised Code.
(F) Upon notification by the contractor of an escape from, or of a disturbance at, the facility that is the subject of a contract entered into under this section, the department of rehabilitation and correction and state and local law enforcement agencies shall use all reasonable means to recapture escapees or quell any disturbance. Any cost incurred by the state or its political subdivisions relating to the apprehension of an escapee or the quelling of a disturbance at the facility shall be chargeable to and borne by the contractor. The contractor shall also reimburse the state or its political subdivisions for all reasonable costs incurred relating to the temporary detention of the escapee following recapture.
(G) Any offense that would be a crime if committed at a state correctional institution or jail, workhouse, prison, or other correctional facility shall be a crime if committed by or with regard to inmates at facilities operated pursuant to a contract entered into under this section.
(H) A contractor operating and managing a facility pursuant to a contract entered into under this section shall pay any inmate workers at the facility at the rate approved by the public entity. Inmates working at the facility shall not be considered employees of the contractor.
(I) In contracting for the private operation and management pursuant to division (A) of this section of any intensive program prison established pursuant to section 5120.033 of the Revised Code, the department of rehabilitation and correction may enter into a contract with a contractor for the general operation and management of the prison and may enter into one or more separate contracts with other persons or entities for the provision of specialized services for persons confined in the prison, including, but not limited to, security or training services or medical, counseling, educational, or similar treatment programs. If, pursuant to this division, the department enters into a contract with a contractor for the general operation and management of the prison and also enters into one or more specialized service contracts with other persons or entities, all of the following apply:
(1) The contract for the general operation and management shall comply with all requirements and criteria set forth in this section, and all provisions of this section apply in relation to the prison operated and managed pursuant to the contract.
(2) Divisions (A)(2), (B), and (C) of this section do not apply in relation to any specialized services contract, except to the extent that the provisions of those divisions clearly are relevant to the specialized services to be provided under the specialized services contract. Division (D) of this section applies in relation to each specialized services contract.
(J) If, on or after June 30, 2011, a contractor enters into a contract with the department of rehabilitation and correction under this section for the operation and management of any facility described in Section 753.10 of the act in which this amendment was adopted, if the contract provides for the sale of the facility to the contractor, if the facility is sold to the contractor subsequent to the execution of the contract, and if the contractor is privately operating and managing the facility, notwithstanding the contractor's private operation and management of the facility, all of the following apply:
(1) Except as expressly provided to the contrary in this section, the facility being privately operated and managed by the contractor shall be considered for purposes of the Revised Code as being under the control of, or under the jurisdiction of, the department of rehabilitation and correction.
(2) Any reference in this section to "state correctional institution," any reference in Chapter 2967. of the Revised Code to "state correctional institution," other than the definition of that term set forth in section 2967.01 of the Revised Code, or to "prison," and any reference in Chapter 2929., 5120., 5145., 5147., or 5149. or any other provision of the Revised Code to "state correctional institution" or "prison" shall be considered to include a reference to the facility being privately operated and managed by the contractor, unless the context makes the inclusion of that facility clearly inapplicable.
(3) Upon the sale and conveyance of the facility, the facility shall be returned to the tax list and duplicate maintained by the county auditor, and the facility shall be subject to all real property taxes and assessments. No exemption from real property taxation pursuant to Chapter 5709. of the Revised Code shall apply to the facility conveyed. The gross receipts and income of the contractor to whom the facility is conveyed that are derived from operating and managing the facility under this section shall be subject to gross receipts and income taxes levied by the state and its subdivisions, including the taxes levied pursuant to Chapters 718., 5747., 5748., and 5751. of the Revised Code. Unless exempted under another section of the Revised Code, transactions involving a contractor as a consumer or purchaser are subject to any tax levied under Chapters 5739. and 5741. of the Revised Code.
(4) After the sale and conveyance of the facility, all of the following apply:
(a) Before the contractor may resell or otherwise transfer the facility and the real property on which it is situated, any surrounding land that also was transferred under the contract, or both the facility and real property on which it is situated plus the surrounding land that was transferred under the contract, the contractor first must offer the state the opportunity to repurchase the facility, real property, and surrounding land that is to be resold or transferred and must sell the facility, real property, and surrounding land to the state if the state so desires, pursuant to and in accordance with the repurchase clause included in the contract.
(b) Upon the default by the contractor of any financial agreement for the purchase of the facility and the real property on which it is situated, any surrounding land that also was transferred under the contract, or both the facility and real property on which it is situated plus the surrounding land that was transferred under the contract, upon the default by the contractor of any other term in the contract, or upon the financial insolvency of the contractor or inability of the contractor to meet its contractual obligations, the state may repurchase the facility, real property, and surrounding land, if the state so desires, pursuant to and in accordance with the repurchase clause included in the contract.
(c) If the contract entered into under this section for the operation and management of a state correctional institution is terminated, both of the following apply:
(i) The operation and management responsibilities of the state correctional institution shall be transferred to another contractor under the same terms and conditions as applied to the original contractor or to the department of rehabilitation and correction.
(ii) The department of rehabilitation and correction or the new contractor, whichever is applicable, may enter into an agreement with the terminated contractor to purchase the terminated contractor's equipment, supplies, furnishings, and consumables.
(K) Any action asserting that section 9.06 of the Revised Code or Section 753.10 of the act in which this amendment was adopted violates any provision of the Ohio Constitution and any claim asserting that any action taken by the governor or the department of administrative services or the department of rehabilitation and correction pursuant to section 9.06 of the Revised Code or Section 753.10 of the act in which this amendment was adopted violates any provision of the Ohio Constitution or any provision of the Revised Code shall be brought in the court of common pleas of Franklin county. The court shall give any action filed pursuant to this division priority over all other civil cases pending on its docket and expeditiously make a determination on the claim. If an appeal is taken from any final order issued in a case brought pursuant to this division, the court of appeals shall give the case priority over all other civil cases pending on its docket and expeditiously make a determination on the appeal.
(L)
If, on or after the effective
date of this amendment March
21, 2017,
the department of rehabilitation and correction enters into a
contract with an owner, operator, or manager of a facility described
in division (M)(5)(c) of this section for the housing of inmates, all
of the following apply:
(1) Except as expressly provided to the contrary under this section, the facility that is privately owned, operated, or managed by the contractor shall be considered for purposes of the Revised Code to be under the control of, or under the jurisdiction of, the department of rehabilitation and correction.
(2) Any reference in this section to "state correctional institution," any reference in Chapter 2967. of the Revised Code to "state correctional institution," other than the definition of that term set forth in section 2967.01 of the Revised Code, or to "prison," and any reference in Chapter 2929., 5120., 5145., 5147., or 5149. or any other provision of the Revised Code to "state correctional institution" or "prison" shall be considered to include a reference to the facility being privately owned, operated, or managed by the contractor, unless the context makes the inclusion of that facility clearly inapplicable.
(M) As used in this section:
(1) "Public entity" means the department of rehabilitation and correction, or a county or municipal corporation or a combination of counties and municipal corporations, that has jurisdiction over a facility that is the subject of a contract entered into under this section.
(2) "Local public entity" means a county or municipal corporation, or a combination of counties and municipal corporations, that has jurisdiction over a jail, workhouse, or other correctional facility used only for misdemeanants that is the subject of a contract entered into under this section.
(3) "Governing authority of a local public entity" means, for a county, the board of county commissioners; for a municipal corporation, the legislative authority; for a combination of counties and municipal corporations, all the boards of county commissioners and municipal legislative authorities that joined to create the facility.
(4) "Contractor" means a person or entity that enters into a contract under this section to operate and manage a jail, workhouse, or other correctional facility.
(5) "Facility" means any of the following:
(a) The specific county, multicounty, municipal, municipal-county, or multicounty-municipal jail, workhouse, prison, or other type of correctional institution or facility used only for misdemeanants that is the subject of a contract entered into under this section;
(b) Any state correctional institution that is the subject of a contract entered into under this section, including any facility described in Section 753.10 of the act in which this amendment was adopted at any time prior to or after any sale to a contractor of the state's right, title, and interest in the facility, the land situated thereon, and specified surrounding land;
(c) Any other correctional institution located in this state that is owned, operated, or managed by a person or entity that meets the criteria established in division (A)(3)(a) of this section.
(6) "Person or entity" in the case of a contract for the private operation and management of a state correctional institution, includes an employee organization, as defined in section 4117.01 of the Revised Code, that represents employees at state correctional institutions.
Sec. 9.07. (A) As used in this section:
(1) "Deadly weapon" has the same meaning as in section 2923.11 of the Revised Code.
(2) "Governing authority of a local public entity" means whichever of the following is applicable:
(a) For a county, the board of county commissioners of the county;
(b) For a municipal corporation, the legislative authority of the municipal corporation;
(c) For a combination of counties, a combination of municipal corporations, or a combination of one or more counties and one or more municipal corporations, all boards of county commissioners and legislative authorities of all of the counties and municipal corporations that combined to form a local public entity for purposes of this section.
(3) "Local public entity" means a county, a municipal corporation, a combination of counties, a combination of municipal corporations, or a combination of one or more counties and one or more municipal corporations.
(4) "Non-contracting political subdivision" means any political subdivision to which all of the following apply:
(a) A correctional facility for the housing of out-of-state prisoners in this state is or will be located in the political subdivision.
(b) The correctional facility described in division (A)(4)(a) of this section is being operated and managed, or will be operated and managed, by a local public entity or a private contractor pursuant to a contract entered into prior to March 17, 1998, or a contract entered into on or after March 17, 1998, under this section.
(c) The political subdivision is not a party to the contract described in division (A)(4)(b) of this section for the management and operation of the correctional facility.
(5) "Out-of-state jurisdiction" means the United States, any state other than this state, and any political subdivision or other jurisdiction located in a state other than this state.
(6) "Out-of-state prisoner" means a person who is convicted of a crime in another state or under the laws of the United States or who is found under the laws of another state or of the United States to be a delinquent child or the substantially equivalent designation.
(7) "Private contractor" means either of the following:
(a) A person who, on or after March 17, 1998, enters into a contract under this section with a local public entity to operate and manage a correctional facility in this state for out-of-state prisoners.
(b) A person who, pursuant to a contract with a local public entity entered into prior to March 17, 1998, operates and manages on March 17, 1998, a correctional facility in this state for housing out-of-state prisoners.
(B) Subject to division (I) of this section, the only entities other than this state that are authorized to operate a correctional facility to house out-of-state prisoners in this state are a local public entity that operates a correctional facility pursuant to this section or a private contractor that operates a correctional facility pursuant to this section under a contract with a local public entity.
Subject to division (I) of this section, a private entity may operate a correctional facility in this state for the housing of out-of-state prisoners only if the private entity is a private contractor that enters into a contract that comports with division (D) of this section with a local public entity for the management and operation of the correctional facility.
(C)(1) Except as provided in this division, on and after March 17, 1998, a local public entity shall not enter into a contract with an out-of-state jurisdiction to house out-of-state prisoners in a correctional facility in this state. On and after March 17, 1998, a local public entity may enter into a contract with an out-of-state jurisdiction to house out-of-state prisoners in a correctional facility in this state only if the local public entity and the out-of-state jurisdiction with which the local public entity intends to contract jointly submit to the department of rehabilitation and correction a statement that certifies the correctional facility's intended use, intended prisoner population, and custody level, and the department reviews and comments upon the plans for the design or renovation of the correctional facility regarding their suitability for the intended prisoner population specified in the submitted statement.
(2) If a local public entity and an out-of-state jurisdiction enter into a contract to house out-of-state prisoners in a correctional facility in this state as authorized under division (C)(1) of this section, in addition to any other provisions it contains, the contract shall include whichever of the following provisions is applicable:
(a) If a private contractor will operate the facility in question pursuant to a contract entered into in accordance with division (D) of this section, a requirement that, if the facility is closed or ceases to operate for any reason and if the conversion plan described in division (D)(16) of this section is not complied with, the out-of-state jurisdiction will be responsible for housing and transporting the prisoners who are in the facility at the time it is closed or ceases to operate and for the cost of so housing and transporting those prisoners;
(b) If a private contractor will not operate the facility in question pursuant to a contract entered into in accordance with division (D) of this section, a conversion plan that will be followed if, for any reason, the facility is closed or ceases to operate. The conversion plan shall include, but is not limited to, provisions that specify whether the local public entity or the out-of-state jurisdiction will be responsible for housing and transporting the prisoners who are in the facility at the time it is closed or ceases to operate and for the cost of so housing and transporting those prisoners.
(3) If a local public entity and an out-of-state jurisdiction intend to enter into a contract to house out-of-state prisoners in a correctional facility in this state as authorized under division (C)(1) of this section, or if a local public entity and a private contractor intend to enter into a contract pursuant to division (D) of this section for the private contractor's management and operation of a correctional facility in this state to house out-of-state prisoners, prior to entering into the contract the local public entity and the out-of-state jurisdiction, or the local public entity and the private contractor, whichever is applicable, shall conduct a public hearing in accordance with this division, and, prior to entering into the contract, the governing authority of the local public entity in which the facility is or will be located shall authorize the location and operation of the facility. The hearing shall be conducted at a location within the municipal corporation or township in which the facility is or will be located. At least one week prior to conducting the hearing, the local public entity and the out-of-state jurisdiction or private contractor with the duty to conduct the hearing shall cause notice of the date, time, and place of the hearing to be made by publication in the newspaper with the largest general circulation in the county in which the municipal corporation or township is located. The notice shall be of a sufficient size that it covers at least one-quarter of a page of the newspaper in which it is published. This division applies to a private contractor that, pursuant to the requirement set forth in division (I) of this section, is required to enter into a contract under division (D) of this section.
(D) Subject to division (I) of this section, on and after March 17, 1998, if a local public entity enters into a contract with a private contractor for the management and operation of a correctional facility in this state to house out-of-state prisoners, the contract, at a minimum, shall include all of the following provisions:
(1) A requirement that the private contractor seek and obtain accreditation from the American correctional association for the correctional facility within two years after accepting the first out-of-state prisoner at the correctional facility under the contract and that it maintain that accreditation for the term of the contract;
(2) A requirement that the private contractor comply with all applicable laws, rules, or regulations of the government of this state, political subdivisions of this state, and the United States, including, but not limited to, all sanitation, food service, safety, and health regulations;
(3) A requirement that the private contractor send copies of reports of inspections completed by appropriate authorities regarding compliance with laws, rules, and regulations of the type described in division (D)(2) of this section to the director of rehabilitation and correction or the director's designee and to the governing authority of the local public entity in which the correctional facility is located;
(4) A requirement that the private contractor report to the local law enforcement agencies with jurisdiction over the place at which the correctional facility is located, for investigation, all criminal offenses or delinquent acts that are committed in or on the grounds of, or otherwise in connection with, the correctional facility and report to the department of rehabilitation and correction all disturbances at the facility;
(5)
A requirement that the private contractor immediately report all
escapes from the facility, and the apprehension of all escapees, by
telephone and in writing to the department of rehabilitation and
correction, to all local law enforcement agencies with jurisdiction
over the place at which the facility is located, to the state highway
patrol, to the prosecuting attorney of the county in which the
facility is located, and to a daily newspaper having general
circulation in the county in which the facility is located. The
written notice may be by either facsimile transmission or mail. A
failure to comply with this requirement is a violation of section
2921.22
2921.26
of
the Revised Code.
(6) A requirement that the private contractor provide a written report to the director of rehabilitation and correction or the director's designee and to the governing authority of the local public entity in which the correctional facility is located of all unusual incidents occurring at the correctional facility. The private contractor shall report the incidents in accordance with the incident reporting rules that, at the time of the incident, are applicable to state correctional facilities for similar incidents occurring at state correctional facilities.
(7) A requirement that the private contractor provide internal and perimeter security to protect the public, staff members of the correctional facility, and prisoners in the correctional facility;
(8) A requirement that the correctional facility be staffed at all times with a staffing pattern that is adequate to ensure supervision of inmates and maintenance of security within the correctional facility and to provide for appropriate programs, transportation, security, and other operational needs. In determining security needs for the correctional facility, the private contractor and the contract requirements shall fully take into account all relevant factors, including, but not limited to, the proximity of the facility to neighborhoods and schools.
(9) A requirement that the private contractor provide an adequate policy of insurance that satisfies the requirements set forth in division (D) of section 9.06 of the Revised Code regarding contractors who operate and manage a facility under that section, and that the private contractor indemnify and hold harmless the state, its officers, agents, and employees, and any local public entity in the state with jurisdiction over the place at which the correctional facility is located or that owns the correctional facility, reimburse the state for its costs in defending the state or any of its officers, agents, or employees, and reimburse any local government entity of that nature for its costs in defending the local government entity, in the manner described in division (D) of that section regarding contractors who operate and manage a facility under that section;
(10) A requirement that the private contractor adopt for prisoners housed in the correctional facility the security classification system and schedule adopted by the department of rehabilitation and correction under section 5145.03 of the Revised Code, classify in accordance with the system and schedule each prisoner housed in the facility, and house all prisoners in the facility in accordance with their classification under this division;
(11) A requirement that the private contractor will not accept for housing, and will not house, in the correctional facility any out-of-state prisoner in relation to whom any of the following applies:
(a) The private entity has not obtained from the out-of-state jurisdiction that imposed the sentence or sanction under which the prisoner will be confined in this state a copy of the institutional record of the prisoner while previously confined in that out-of-state jurisdiction or a statement that the prisoner previously has not been confined in that out-of-state jurisdiction and a copy of all medical records pertaining to that prisoner that are in the possession of the out-of-state jurisdiction.
(b) The prisoner, while confined in any out-of-state jurisdiction, has a record of institutional violence involving the use of a deadly weapon or a pattern of committing acts of an assaultive nature against employees of, or visitors to, the place of confinement or has a record of escape or attempted escape from secure custody.
(c) Under the security classification system and schedule adopted by the department of rehabilitation and correction under section 5145.03 of the Revised Code and adopted by the private contractor under division (B)(10) of this section, the out-of-state prisoner would be classified as being at a security level higher than medium security.
(12) A requirement that the private contractor, prior to housing any out-of-state prisoner in the correctional facility under the contract, enter into a written agreement with the department of rehabilitation and correction that sets forth a plan and procedure that will be used to coordinate law enforcement activities of state law enforcement agencies and of local law enforcement agencies with jurisdiction over the place at which the facility is located in response to any riot, rebellion, escape, insurrection, or other emergency occurring inside or outside the facility;
(13) A requirement that the private contractor cooperate with the correctional institution inspection committee in the committee's performance of its duties under section 103.73 of the Revised Code and provide the committee, its subcommittees, and its staff members, in performing those duties, with access to the correctional facility as described in that section;
(14) A requirement that the private contractor permit any peace officer who serves a law enforcement agency with jurisdiction over the place at which the correctional facility is located to enter into the facility to investigate any criminal offense or delinquent act that allegedly has been committed in or on the grounds of, or otherwise in connection with, the facility;
(15) A requirement that the private contractor will not employ any person at the correctional facility until after the private contractor has submitted to the bureau of criminal identification and investigation, on a form prescribed by the superintendent of the bureau, a request that the bureau conduct a criminal records check of the person and a requirement that the private contractor will not employ any person at the facility if the records check or other information possessed by the contractor indicates that the person previously has engaged in malfeasance;
(16) A requirement that the private contractor will not accept for housing, and will not house, in the correctional facility any out-of-state prisoner unless the private contractor and the out-of-state jurisdiction that imposed the sentence for which the prisoner is to be confined agree that, if the out-of-state prisoner is confined in the facility in this state, commits a criminal offense while confined in the facility, is convicted of or pleads guilty to that offense, and is sentenced to a term of confinement for that offense but is not sentenced to death for that offense, the private contractor and the out-of-state jurisdiction will do all of the following:
(a) Unless section 5120.50 of the Revised Code does not apply in relation to the offense the prisoner committed while confined in this state and the term of confinement imposed for that offense, the out-of-state jurisdiction will accept the prisoner pursuant to that section for service of that term of confinement and for any period of time remaining under the sentence for which the prisoner was confined in the facility in this state, the out-of-state jurisdiction will confine the prisoner pursuant to that section for that term and that remaining period of time, and the private contractor will transport the prisoner to the out-of-state jurisdiction for service of that term and that remaining period of time.
(b) If section 5120.50 of the Revised Code does not apply in relation to the offense the prisoner committed while confined in this state and the term of confinement imposed for that offense, the prisoner shall be returned to the out-of-state jurisdiction or its private contractor for completion of the period of time remaining under the out-of-state sentence for which the prisoner was confined in the facility in this state before starting service of the term of confinement imposed for the offense committed while confined in this state, the out-of-state jurisdiction or its private contractor will confine the prisoner for that remaining period of time and will transport the prisoner outside of this state for service of that remaining period of time, and, if the prisoner is confined in this state in a facility operated by the department of rehabilitation and correction, the private contractor will be financially responsible for reimbursing the department at the per diem cost of confinement for the duration of that incarceration, with the amount of the reimbursement so paid to be deposited in the department's prisoner programs fund.
(17) A requirement that the private contractor, prior to housing any out-of-state prisoner in the correctional facility under the contract, enter into an agreement with the local public entity that sets forth a conversion plan that will be followed if, for any reason, the facility is closed or ceases to operate. The conversion plan shall include, but is not limited to, provisions that specify whether the private contractor, the local public entity, or the out-of-state jurisdictions that imposed the sentences for which the out-of-state prisoners are confined in the facility will be responsible for housing and transporting the prisoners who are in the facility at the time it is closed or ceases to operate and for the cost of so housing and transporting those prisoners.
(18) A schedule of fines that the local public entity shall impose upon the private contractor if the private contractor fails to perform its contractual duties, and a requirement that, if the private contractor fails to perform its contractual duties, the local public entity shall impose a fine on the private contractor from the schedule of fines and, in addition to the fine, may exercise any other rights it has under the contract. Division (F)(2) of this section applies regarding a fine described in this division.
(19) A requirement that the private contractor adopt and use in the correctional facility the drug testing and treatment program that the department of rehabilitation and correction uses for inmates in state correctional institutions;
(20) A requirement that the private contractor provide clothing for all out-of-state prisoners housed in the correctional facility that is conspicuous in its color, style, or color and style, that conspicuously identifies its wearer as a prisoner, and that is readily distinguishable from clothing of a nature that normally is worn outside the facility by non-prisoners, that the private contractor require all out-of-state prisoners housed in the facility to wear the clothing so provided, and that the private contractor not permit any out-of-state prisoner, while inside or on the premises of the facility or while being transported to or from the facility, to wear any clothing of a nature that does not conspicuously identify its wearer as a prisoner and that normally is worn outside the facility by non-prisoners;
(21) A requirement that, at the time the contract is made, the private contractor provide to all parties to the contract adequate proof that it has complied with the requirement described in division (D)(9) of this section, and a requirement that, at any time during the term of the contract, the private contractor upon request provide to any party to the contract adequate proof that it continues to be in compliance with the requirement described in division (D)(9) of this section.
(E) A private correctional officer or other designated employee of a private contractor that operates a correctional facility that houses out-of-state prisoners in this state under a contract entered into prior to, on, or after March 17, 1998, may carry and use firearms in the course of the officer's or employee's employment only if the officer or employee is certified as having satisfactorily completed an approved training program designed to qualify persons for positions as special police officers, security guards, or persons otherwise privately employed in a police capacity, as described in division (A) of section 109.78 of the Revised Code.
(F)(1) Upon notification by the private contractor of an escape from, or of a disturbance at, a correctional facility that is operated by a private contractor under a contract entered into prior to, on, or after March 17, 1998, and that houses out-of-state prisoners in this state, the department of rehabilitation and correction and state and local law enforcement agencies shall use all reasonable means to recapture persons who escaped from the facility or quell any disturbance at the facility, in accordance with the plan and procedure included in the written agreement entered into under division (D)(12) of this section in relation to contracts entered into on or after March 17, 1998, and in accordance with their normal procedures in relation to contracts entered into prior to March 17, 1998. Any cost incurred by this state or a political subdivision of this state relating to the apprehension of a person who escaped from the facility, to the quelling of a disturbance at the facility, or to the investigation or prosecution as described in division (G)(2) of this section of any offense relating to the escape or disturbance shall be chargeable to and borne by the private contractor. The contractor also shall reimburse the state or its political subdivisions for all reasonable costs incurred relating to the temporary detention of a person who escaped from the facility, following the person's recapture.
(2) If a private contractor that, on or after March 17, 1998, enters into a contract under this section with a local public entity for the operation of a correctional facility that houses out-of-state prisoners fails to perform its contractual duties, the local public entity shall impose upon the private contractor a fine from the schedule of fines included in the contract and may exercise any other rights it has under the contract. A fine imposed under this division shall be paid to the local public entity that enters into the contract, and the local public entity shall deposit the money so paid into its treasury to the credit of the fund used to pay for community policing. If a fine is imposed under this division, the local public entity may reduce the payment owed to the private contractor pursuant to any invoice in the amount of the fine.
(3) If a private contractor, on or after March 17, 1998, enters into a contract under this section with a local public entity for the operation of a correctional facility that houses out-of-state prisoners in this state, the private contractor shall comply with the insurance, indemnification, hold harmless, and cost reimbursement provisions described in division (D)(9) of this section.
(G)(1) Any act or omission that would be a criminal offense or a delinquent act if committed at a state correctional institution or at a jail, workhouse, prison, or other correctional facility operated by this state or by any political subdivision or group of political subdivisions of this state shall be a criminal offense or delinquent act if committed by or with regard to any out-of-state prisoner who is housed at any correctional facility operated by a private contractor in this state pursuant to a contract entered into prior to, on, or after March 17, 1998.
(2) If any political subdivision of this state experiences any cost in the investigation or prosecution of an offense committed by an out-of-state prisoner housed in a correctional facility operated by a private contractor in this state pursuant to a contract entered into prior to, on, or after March 17, 1998, the private contractor shall reimburse the political subdivision for the costs so experienced.
(3)(a) Except as otherwise provided in this division, the state, and any officer or employee, as defined in section 109.36 of the Revised Code, of the state is not liable in damages in a civil action for any injury, death, or loss to person or property that allegedly arises from, or is related to, the establishment, management, or operation of a correctional facility to house out-of-state prisoners in this state pursuant to a contract between a local public entity and an out-of-state jurisdiction, a local public entity and a private contractor, or a private contractor and an out-of-state jurisdiction that was entered into prior to March 17, 1998, or that is entered into on or after March 17, 1998, in accordance with its provisions. The immunity provided in this division does not apply regarding an act or omission of an officer or employee, as defined in section 109.36 of the Revised Code, of the state that is manifestly outside the scope of the officer's or employee's official responsibilities or regarding an act or omission of the state, or of an officer or employee, as so defined, of the state that is undertaken with malicious purpose, in bad faith, or in a wanton or reckless manner.
(b) Except as otherwise provided in this division, a non-contracting political subdivision, and any employee, as defined in section 2744.01 of the Revised Code, of a non-contracting political subdivision is not liable in damages in a civil action for any injury, death, or loss to person or property that allegedly arises from, or is related to, the establishment, management, or operation of a correctional facility to house out-of-state prisoners in this state pursuant to a contract between a local public entity other than the non-contracting political subdivision and an out-of-state jurisdiction, a local public entity other than the non-contracting political subdivision and a private contractor, or a private contractor and an out-of-state jurisdiction that was entered into prior to March 17, 1998, or that is entered into on or after March 17, 1998, in accordance with its provisions. The immunity provided in this division does not apply regarding an act or omission of an employee, as defined in section 2744.01 of the Revised Code, of a non-contracting political subdivision that is manifestly outside the scope of the employee's employment or official responsibilities or regarding an act or omission of a non-contracting political subdivision or an employee, as so defined, of a non-contracting political subdivision that is undertaken with malicious purpose, in bad faith, or in a wanton or reckless manner.
(c) Divisions (G)(3)(a) and (b) of this section do not affect any immunity or defense that the state and its officers and employees or a non-contracting political subdivision and its employees may be entitled to under another section of the Revised Code or the common law of this state, including, but not limited to, section 9.86 or Chapter 2744. of the Revised Code.
(H)(1) Upon the completion of an out-of-state prisoner's term of detention at a correctional facility operated by a private contractor in this state pursuant to a contract entered into prior to, on, or after March 17, 1998, the operator of the correctional facility shall transport the prisoner to the out-of-state jurisdiction that imposed the sentence for which the prisoner was confined before it releases the prisoner from its custody.
(2) No private contractor that operates and manages a correctional facility housing out-of-state prisoners in this state pursuant to a contract entered into prior to, on, or after March 17, 1998, shall fail to comply with division (H)(1) of this section.
(3) Whoever violates division (H)(2) of this section is guilty of a misdemeanor of the first degree.
(I) Except as otherwise provided in this division, the provisions of divisions (A) to (H) of this section apply in relation to any correctional facility operated by a private contractor in this state to house out-of-state prisoners, regardless of whether the facility is operated pursuant to a contract entered into prior to, on, or after March 17, 1998. Division (C)(1) of this section shall not apply in relation to any correctional facility for housing out-of-state prisoners in this state that is operated by a private contractor under a contract entered into with a local public entity prior to March 17, 1998. If a private contractor operates a correctional facility in this state for the housing of out-of-state prisoners under a contract entered into with a local public entity prior to March 17, 1998, no later than thirty days after the effective date of this amendment, the private contractor shall enter into a contract with the local public entity that comports to the requirements and criteria of division (D) of this section.
Sec.
101.721. (A)
No person shall be permitted to register as a legislative agent under
division (A) or (B) of section 101.72 of the Revised Code if the
person is convicted of or pleads guilty to committing on or after the
effective date of this section May
13, 2008, any
of the following offenses that is a felony:
(1) A violation of section 2921.02, 2921.03, 2921.05, 2921.41, 2921.42, or 2923.32 of the Revised Code;
(2)
A violation of section 2913.42, 2921.04,
2921.11,
2921.12, 2921.31, or 2921.32 of the Revised Code if the person
committed the violation while the person was serving in a public
office and the conduct constituting the violation was related to the
duties of the person's public office or to the person's actions as a
public official holding that public office;
(3) A violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially equivalent to any violation listed in division (A)(1) of this section;
(4) A violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially equivalent to any violation listed in division (A)(2) of this section if the person committed the violation while the person was serving in a public office and the conduct constituting the violation was related to the duties of the person's public office or to the person's actions as a public official holding that public office;
(5) A conspiracy to commit, attempt to commit, or complicity in committing any violation listed in division (A)(1) or described in division (A)(3) of this section;
(6) A conspiracy to commit, attempt to commit, or complicity in committing any violation listed in division (A)(2) or described in division (A)(4) of this section if the person committed the violation while the person was serving in a public office and the conduct constituting the violation that was the subject of the conspiracy, that would have constituted the offense attempted, or constituting the violation in which the person was complicit was or would have been related to the duties of the person's public office or to the person's actions as a public official holding that public office.
(B)
If a legislative agent has registered with the joint legislative
ethics committee under division (A) or (B) of section 101.72 of the
Revised Code and, on or after the
effective date of this section May
13, 2008, and
during the period during which the registration is valid, the
legislative agent is convicted of or pleads guilty to any felony
offense listed or described in division (A)(1), (2), (3), (4), (5),
or (6) of this section in the circumstances specified in the
particular division, the joint legislative ethics committee
immediately upon becoming aware of the conviction or guilty plea
shall terminate the registration of the person as a legislative
agent, and, after the termination, the ban imposed under division (A)
of this section applies to the person.
(C) The ban imposed under division (A) of this section is a lifetime ban, and the offender is forever disqualified from registering as a legislative agent under section 101.72 of the Revised Code.
(D)
For purposes of divisions (A) and (B) of this section, a violation of
section 2923.32 of the Revised Code or any other violation or offense
that includes as an element a course of conduct or the occurrence of
multiple acts is "committed on or after the
effective date of this section May
13, 2008,"
if the course of conduct continues, one or more of the multiple acts
occurs, or the subject person's accountability for the course of
conduct or for one or more of the multiple acts continues, on or
after the
effective date of this section May
13, 2008.
(E) As used in this section, "public office" means any elected federal, state, or local government office in this state.
Sec. 109.42. (A) The attorney general shall prepare and have printed a pamphlet that contains a compilation of all statutes relative to victim's rights in which the attorney general lists and explains the statutes in the form of a victim's bill of rights. The attorney general shall distribute the pamphlet to all sheriffs, marshals, municipal corporation and township police departments, constables, and other law enforcement agencies, to all prosecuting attorneys, city directors of law, village solicitors, and other similar chief legal officers of municipal corporations, and to organizations that represent or provide services for victims of crime. The victim's bill of rights set forth in the pamphlet shall contain a description of all of the rights of victims that are provided for in Chapter 2930. or in any other section of the Revised Code and shall include, but not be limited to, all of the following:
(1) The right of a victim or a victim's representative to attend a proceeding before a grand jury, in a juvenile case, or in a criminal case pursuant to a subpoena without being discharged from the victim's or representative's employment, having the victim's or representative's employment terminated, having the victim's or representative's pay decreased or withheld, or otherwise being punished, penalized, or threatened as a result of time lost from regular employment because of the victim's or representative's attendance at the proceeding pursuant to the subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or 2945.451 of the Revised Code;
(2) The potential availability pursuant to section 2151.359 or 2152.61 of the Revised Code of a forfeited recognizance to pay damages caused by a child when the delinquency of the child or child's violation of probation or community control is found to be proximately caused by the failure of the child's parent or guardian to subject the child to reasonable parental authority or to faithfully discharge the conditions of probation or community control;
(3) The availability of awards of reparations pursuant to sections 2743.51 to 2743.72 of the Revised Code for injuries caused by criminal offenses;
(4) The right of the victim in certain criminal or juvenile cases or a victim's representative to receive, pursuant to section 2930.06 of the Revised Code, notice of the date, time, and place of the trial or delinquency proceeding in the case or, if there will not be a trial or delinquency proceeding, information from the prosecutor, as defined in section 2930.01 of the Revised Code, regarding the disposition of the case;
(5) The right of the victim in certain criminal or juvenile cases or a victim's representative to receive, pursuant to section 2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the name of the person charged with the violation, the case or docket number assigned to the charge, and a telephone number or numbers that can be called to obtain information about the disposition of the case;
(6) The right of the victim in certain criminal or juvenile cases or of the victim's representative pursuant to section 2930.13 or 2930.14 of the Revised Code, subject to any reasonable terms set by the court as authorized under section 2930.14 of the Revised Code, to make a statement about the victimization and, if applicable, a statement relative to the sentencing or disposition of the offender;
(7) The opportunity to obtain a court order, pursuant to section 2945.04 of the Revised Code, to prevent or stop the commission of the offense of intimidation of a crime victim or witness or an offense against the person or property of the complainant, or of the complainant's ward or child;
(8)
The right of the victim in certain criminal or juvenile cases or a
victim's representative pursuant to sections 2151.38, 2929.20,
2930.10, 2930.16, and 2930.17 of the Revised Code to receive notice
of a pending motion for judicial release,
release pursuant to section 2967.19 of the Revised Code,
or
other early release of the person who committed the offense against
the victim, to make an oral or written statement at the court hearing
on the motion, and to be notified of the court's decision on the
motion;
(9) The right of the victim in certain criminal or juvenile cases or a victim's representative pursuant to section 2930.16, 2967.12, 2967.26, 2967.271, or 5139.56 of the Revised Code to receive notice of any pending commutation, pardon, parole, transitional control, discharge, other form of authorized release, post-release control, or supervised release for the person who committed the offense against the victim or any application for release of that person and to send a written statement relative to the victimization and the pending action to the adult parole authority or the release authority of the department of youth services;
(10) The right of the victim to bring a civil action pursuant to sections 2969.01 to 2969.06 of the Revised Code to obtain money from the offender's profit fund;
(11) The right, pursuant to section 3109.09 of the Revised Code, to maintain a civil action to recover compensatory damages not exceeding ten thousand dollars and costs from the parent of a minor who willfully damages property through the commission of an act that would be a theft offense, as defined in section 2913.01 of the Revised Code, if committed by an adult;
(12) The right, pursuant to section 3109.10 of the Revised Code, to maintain a civil action to recover compensatory damages not exceeding ten thousand dollars and costs from the parent of a minor who willfully and maliciously assaults a person;
(13) The possibility of receiving restitution from an offender or a delinquent child pursuant to section 2152.20, 2929.18, or 2929.28 of the Revised Code;
(14) The right of the victim in certain criminal or juvenile cases or a victim's representative, pursuant to section 2930.16 of the Revised Code, to receive notice of the escape from confinement or custody of the person who committed the offense, to receive that notice from the custodial agency of the person at the victim's last address or telephone number provided to the custodial agency, and to receive notice that, if either the victim's address or telephone number changes, it is in the victim's interest to provide the new address or telephone number to the custodial agency;
(15)
The right of a victim of domestic violence, including domestic
violence in a dating relationship as defined in section 3113.31 of
the Revised Code, to seek the issuance of a civil protection order
pursuant to that section, the right of a victim of a violation of
section 2903.14, 2909.06,
2909.07, 2911.12, 2911.211, 2911.04,
or
2919.22 or
division (B) of section 2911.06 of
the Revised Code, a
violation of division (A)(1), (A)(2), (A)(6), (B), or (C) of section
2909.05 or of division (C) of section 2909.08 of the Revised Code, a
violation of a substantially similar municipal ordinance, or an
offense of violence who is a family or household member of the
offender at the time of the offense to seek the issuance of a
temporary protection order pursuant to section 2919.26 of the Revised
Code, and the right of both types of victims to be accompanied by a
victim advocate during court proceedings;
(16) The right of a victim of a sexually oriented offense or of a child-victim oriented offense that is committed by a person who is convicted of, pleads guilty to, or is adjudicated a delinquent child for committing the offense and who is in a category specified in division (B) of section 2950.10 of the Revised Code to receive, pursuant to that section, notice that the person has registered with a sheriff under section 2950.04, 2950.041, or 2950.05 of the Revised Code and notice of the person's name, the person's residence that is registered, and the offender's school, institution of higher education, or place of employment address or addresses that are registered, the person's photograph, and a summary of the manner in which the victim must make a request to receive the notice. As used in this division, "sexually oriented offense" and "child-victim oriented offense" have the same meanings as in section 2950.01 of the Revised Code.
(17) The right of a victim of certain sexually violent offenses committed by an offender who also is convicted of or pleads guilty to a sexually violent predator specification and who is sentenced to a prison term pursuant to division (A)(3) of section 2971.03 of the Revised Code, of a victim of a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after January 2, 2007, by an offender who is sentenced for the violation pursuant to division (B)(1)(a), (b), or (c) of section 2971.03 of the Revised Code, of a victim of an attempted rape committed on or after January 2, 2007, by an offender who also is convicted of or pleads guilty to a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code and is sentenced for the violation pursuant to division (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code, and of a victim of an offense that is described in division (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code and is committed by an offender who is sentenced pursuant to one of those divisions to receive, pursuant to section 2930.16 of the Revised Code, notice of a hearing to determine whether to modify the requirement that the offender serve the entire prison term in a state correctional facility, whether to continue, revise, or revoke any existing modification of that requirement, or whether to terminate the prison term. As used in this division, "sexually violent offense" and "sexually violent predator specification" have the same meanings as in section 2971.01 of the Revised Code.
(B)(1)(a) Subject to division (B)(1)(c) of this section, a prosecuting attorney, assistant prosecuting attorney, city director of law, assistant city director of law, village solicitor, assistant village solicitor, or similar chief legal officer of a municipal corporation or an assistant of any of those officers who prosecutes an offense committed in this state, upon first contact with the victim of the offense, the victim's family, or the victim's dependents, shall give the victim, the victim's family, or the victim's dependents a copy of the pamphlet prepared pursuant to division (A) of this section and explain, upon request, the information in the pamphlet to the victim, the victim's family, or the victim's dependents.
(b) Subject to division (B)(1)(c) of this section, a law enforcement agency that investigates an offense or delinquent act committed in this state shall give the victim of the offense or delinquent act, the victim's family, or the victim's dependents a copy of the pamphlet prepared pursuant to division (A) of this section at one of the following times:
(i) Upon first contact with the victim, the victim's family, or the victim's dependents;
(ii) If the offense or delinquent act is an offense of violence, if the circumstances of the offense or delinquent act and the condition of the victim, the victim's family, or the victim's dependents indicate that the victim, the victim's family, or the victim's dependents will not be able to understand the significance of the pamphlet upon first contact with the agency, and if the agency anticipates that it will have an additional contact with the victim, the victim's family, or the victim's dependents, upon the agency's second contact with the victim, the victim's family, or the victim's dependents.
If the agency does not give the victim, the victim's family, or the victim's dependents a copy of the pamphlet upon first contact with them and does not have a second contact with the victim, the victim's family, or the victim's dependents, the agency shall mail a copy of the pamphlet to the victim, the victim's family, or the victim's dependents at their last known address.
(c) In complying on and after December 9, 1994, with the duties imposed by division (B)(1)(a) or (b) of this section, an official or a law enforcement agency shall use copies of the pamphlet that are in the official's or agency's possession on December 9, 1994, until the official or agency has distributed all of those copies. After the official or agency has distributed all of those copies, the official or agency shall use only copies of the pamphlet that contain at least the information described in divisions (A)(1) to (17) of this section.
(2) The failure of a law enforcement agency or of a prosecuting attorney, assistant prosecuting attorney, city director of law, assistant city director of law, village solicitor, assistant village solicitor, or similar chief legal officer of a municipal corporation or an assistant to any of those officers to give, as required by division (B)(1) of this section, the victim of an offense or delinquent act, the victim's family, or the victim's dependents a copy of the pamphlet prepared pursuant to division (A) of this section does not give the victim, the victim's family, the victim's dependents, or a victim's representative any rights under section 2743.51 to 2743.72, 2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the Revised Code or under any other provision of the Revised Code and does not affect any right under those sections.
(3) A law enforcement agency, a prosecuting attorney or assistant prosecuting attorney, or a city director of law, assistant city director of law, village solicitor, assistant village solicitor, or similar chief legal officer of a municipal corporation that distributes a copy of the pamphlet prepared pursuant to division (A) of this section shall not be required to distribute a copy of an information card or other printed material provided by the clerk of the court of claims pursuant to section 2743.71 of the Revised Code.
(C) The cost of printing and distributing the pamphlet prepared pursuant to division (A) of this section shall be paid out of the reparations fund, created pursuant to section 2743.191 of the Revised Code, in accordance with division (D) of that section.
(D) As used in this section:
(1) "Victim's representative" has the same meaning as in section 2930.01 of the Revised Code;
(2) "Victim advocate" has the same meaning as in section 2919.26 of the Revised Code.
Sec. 109.54. (A) The bureau of criminal identification and investigation may investigate any criminal activity in this state that is of statewide or intercounty concern when requested by local authorities and may aid federal authorities, when requested, in their investigation of any criminal activity in this state. The bureau may investigate any criminal activity in this state related to the conduct of elections when requested by the secretary of state. The bureau may investigate any criminal activity in this state involving drug abuse or illegal drug distribution prohibited under Chapter 3719. or 4729. of the Revised Code or any violation of section 2915.02 of the Revised Code. The superintendent and any agent of the bureau may participate, as the director of an organized crime task force established under section 177.02 of the Revised Code or as a member of the investigatory staff of a task force established under that section, in an investigation of organized criminal activity anywhere within this state under sections 177.01 to 177.03 of the Revised Code.
(B) The bureau may provide any trained investigative personnel and specialized equipment that are requested by any sheriff or chief of police, by the authorized designee of any sheriff or chief of police, or by any other authorized law enforcement officer to aid and assist the officer in the investigation and solution of any crime or the control of any criminal activity occurring within the officer's jurisdiction. This assistance shall be furnished by the bureau without disturbing or impairing any of the existing law enforcement authority or the prerogatives of local law enforcement authorities or officers. Investigators provided pursuant to this section, or engaged in an investigation pursuant to section 109.83 of the Revised Code, may go armed in the same manner as sheriffs and regularly appointed police officers under section 2923.12 of the Revised Code.
(C)(1) The bureau shall obtain recording equipment that can be used to record depositions of the type described in division (A) of section 2152.81 and division (A) of section 2945.481 of the Revised Code, or testimony of the type described in division (D) of section 2152.81 and division (D) of section 2945.481 or in division (C) of section 2937.11 of the Revised Code, shall obtain closed circuit equipment that can be used to televise testimony of the type described in division (C) or (D) of section 2152.81 and division (C) of section 2945.481 or in division (B) of section 2937.11 of the Revised Code, and shall provide the equipment, upon request, to any court for use in recording any deposition or testimony of one of those types or in televising the testimony in accordance with the applicable division.
(2) The bureau shall obtain the names, addresses, and telephone numbers of persons who are experienced in questioning children in relation to an investigation of a violation of section 2905.03, 2905.05, 2907.011, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or an offense of violence and shall maintain a list of those names, addresses, and telephone numbers. The list shall include a classification of the names, addresses, and telephone numbers by appellate district. Upon request, the bureau shall provide any county sheriff, chief of police, prosecuting attorney, village solicitor, city director of law, or similar chief legal officer with the name, address, and telephone number of any person contained in the list.
Sec.
109.88. (A)
If the attorney general has reasonable cause to believe that a person
or enterprise has engaged in, is engaging in, or is preparing to
engage in a violation of any provision of section 2913.04
or,
2913.05,
or 2913.08
of
the Revised Code, the attorney general may investigate the alleged
violation.
(B) For purposes of an investigation under division (A) of this section, the attorney general may issue subpoenas and subpoenas duces tecum. The attorney general may compel the attendance of witnesses and the production of records and papers of all kinds and descriptions that are relevant to the investigation, including, but not limited to, any books, accounts, documents, and memoranda pertaining to the subject of the investigation. Upon the failure of any person to comply with any subpoena or subpoena duces tecum issued by the attorney general under this section, the attorney general may apply to the court of common pleas in Franklin county or in any county in which an element of the crime occurred for a contempt order as in the case of disobedience of the requirements of a subpoena issued from the court of common pleas or a refusal to testify on a subpoena. A subpoena or subpoena duces tecum issued by the attorney general under this section to a provider of electronic communication services or remote computing services shall be subject to the limitations set forth in the "Electronic Communications Privacy Act of 1986," 18 U.S.C. 2703.
(C) Any information gathered by the attorney general during the course of the investigation that is in the possession of the attorney general, a prosecuting attorney, a law enforcement agency, or a special prosecutor is a confidential law enforcement investigatory record for purposes of section 149.43 of the Revised Code. No provision contained in this section affects or limits any right of discovery granted to any person under the Revised Code, the Rules of Criminal Procedure, or the Rules of Juvenile Procedure.
(D)
In order to initiate a criminal proceeding under this section, the
attorney general shall first present in writing any evidence of a
violation of section 2913.04
or,
2913.05,
or 2913.08
of
the Revised Code to the prosecuting attorney of a county in which the
action may be brought. If within forty-five days the prosecuting
attorney has not presented the case to a grand jury, the attorney
general may prosecute the case with all of the rights, privileges,
and powers conferred by law on a prosecuting attorney, including the
power to appear before a grand jury, to interrogate witnesses before
a grand jury, and to handle a case that comes out of a grand jury to
its procedural conclusion, including an indictment, plea, trial,
sentencing, diversion, and appeal. These powers of the attorney
general shall be in addition to any other applicable powers of the
attorney general.
Sec. 109.921. (A) As used in this section:
(1) "Rape crisis program" means any of the following:
(a) The nonprofit state sexual assault coalition designated by the center for injury prevention and control of the federal centers for disease control and prevention;
(b) A victim witness assistance program operated by a prosecuting attorney;
(c) A program operated by a government-based or nonprofit entity that provides a full continuum of services to victims of sexual assault, including hotlines, victim advocacy, and support services from the onset of the need for services through the completion of healing, that does not provide medical services, and that may refer victims to physicians for medical care but does not engage in or refer for services for which the use of genetic services funds is prohibited by section 3701.511 of the Revised Code.
(2) "Sexual assault" means any of the following:
(a) A violation of section 2907.011, 2907.02, 2907.03, 2907.04, 2907.05, or former section 2907.12 of the Revised Code;
(b) A violation of an existing or former municipal ordinance or law of this or any other state or the United States that is or was substantially equivalent to any section listed in division (A)(2)(a) of this section.
(B) There is hereby created in the state treasury the rape crisis program trust fund, consisting of money paid into the fund pursuant to sections 307.515 and 311.172 of the Revised Code and any money appropriated to the fund by the general assembly or donated to the fund. The attorney general shall administer the fund. The attorney general may use not more than five per cent of the money deposited or appropriated into the fund to pay costs associated with administering this section and shall use at least ninety-five per cent of the money deposited or appropriated into the fund for the purpose of providing funding to rape crisis programs under this section.
(C)(1) The attorney general shall adopt rules under Chapter 119. of the Revised Code that establish procedures for rape crisis programs to apply to the attorney general for funding out of the rape crisis program trust fund and procedures for the attorney general to distribute money out of the fund to rape crisis programs.
(2) The attorney general may decide upon an application for funding out of the rape crisis program trust fund without a hearing. A decision of the attorney general to grant or deny funding is final and not appealable under Chapter 119. or any other provision of the Revised Code.
(D) A rape crisis program that receives funding out of the rape crisis program trust fund shall use the money received only for the following purposes:
(1) If the program is the nonprofit state sexual assault coalition, to provide training and technical assistance to service providers;
(2) If the program is a victim witness assistance program, to provide victims of sexual assault with hotlines, victim advocacy, or support services;
(3) If the program is a government-based or nonprofit entity that provides a full continuum of services to victims of sexual assault, to provide those services and education to prevent sexual assault.
Sec.
111.48. There
is in the state treasury the address confidentiality program fund.
The fund shall consist of money paid into the fund pursuant to
division (B)(11)
(B)(10)
of
section 2929.18 and division (D) of section 2929.28 of the Revised
Code and any money appropriated to the fund by the general assembly
or donated to the fund. The secretary of state shall use the money in
the fund for the purpose of administering the address confidentiality
program described in sections 111.41 to 111.47 of the Revised Code.
Sec. 145.57. (A) Notwithstanding any other provision of this chapter, any payment that is to be made under a pension, annuity, allowance, or other type of benefit, other than a survivorship benefit, that has been granted to a person under this chapter, any payment of accumulated contributions standing to a person's credit under this chapter, and any payment of any other amounts to be paid to a person under this chapter upon the person's withdrawal of contributions pursuant to this chapter shall be subject to any withholding order issued pursuant to section 2907.15 of the Revised Code or division (C)(2)(b) of section 2921.41 of the Revised Code, and the public employees retirement board shall comply with that withholding order in making the payment.
(B) Notwithstanding any other provision of this chapter, if the board receives notice pursuant to section 2907.15 of the Revised Code or division (D) of section 2921.41 of the Revised Code that a person who has accumulated contributions standing to the person's credit pursuant to this chapter is charged with a violation of section 2907.011, 2907.02, 2907.03, 2907.04, 2907.05, or 2921.41 of the Revised Code, no payment of those accumulated contributions, of any other amounts to be paid to a contributor under this chapter upon the person's withdrawal of contributions pursuant to this chapter, or of any amount to be paid to a contributor as a lump sum or single payment under section 145.38 of the Revised Code, shall be made prior to whichever of the following is applicable:
(1) If the person is convicted of or pleads guilty to the charge and no motion for a withholding order for purposes of restitution has been filed under section 2907.15 of the Revised Code or division (C)(2)(b)(i) of section 2921.41 of the Revised Code, thirty days after the day on which final disposition of the charge is made;
(2) If the person is convicted of or pleads guilty to the charge and a motion for a withholding order for purposes of restitution has been filed under section 2907.15 of the Revised Code or division (C)(2)(b)(i) of section 2921.41 of the Revised Code, the day on which the court decides the motion;
(3) If the charge is dismissed or the person is found not guilty or not guilty by reason of insanity of the charge, the day on which final disposition of the charge is made.
Sec. 148.10. (A) Notwithstanding any other provision of this chapter, any payment, other than a survivorship benefit, that is to be made to a person by a deferred compensation program pursuant to those sections or a deferred compensation program offered by a government unit, as defined in section 148.06 of the Revised Code, or by a municipal corporation is subject to any withholding order issued pursuant to section 2907.15 or division (C)(2)(b) of section 2921.41 of the Revised Code. The Ohio public employees deferred compensation board, the governing board, as defined in section 148.06 of the Revised Code, that is associated with a government unit, and the governing board, administrator, depository, or trustee of a deferred compensation program of a municipal corporation shall comply with that withholding order in making payment.
(B) Notwithstanding any other provision of this chapter, if a deferred compensation program receives a notice pursuant to section 2907.15 or division (D) of section 2921.41 of the Revised Code that a person who has a participant account has been charged with a violation of section 2907.011, 2907.02, 2907.03, 2907.04, 2907.05, or 2921.41 of the Revised Code, no payment from that account shall be made prior to whichever of the following is applicable:
(1) If the person is convicted of or pleads guilty to the violation and a motion for a withholding order for purposes of restitution has not been filed under section 2907.15 or division (C)(2)(b)(i) of section 2921.41 of the Revised Code, thirty days after the day on which the person is sentenced for the violation;
(2) If the person is convicted of or pleads guilty to the violation and a motion for a withholding order for purposes of restitution has been filed under section 2907.15 or division (C)(2)(b)(i) of section 2921.41 of the Revised Code, the day on which the court decides the motion;
(3) If the charge is dismissed or the person is found not guilty or not guilty by reason of insanity of the violation, the day on which the dismissal of the charge or the verdict is entered in the journal of the court.
Sec. 149.433. (A) As used in this section:
"Act
of terrorism" has the same meaning as in section 2909.21
2909.01
of
the Revised Code.
"Express statement" means a written statement substantially similar to the following: "This information is voluntarily submitted to a public office in expectation of protection from disclosure as provided by section 149.433 of the Revised Code."
"Infrastructure record" means any record that discloses the configuration of critical systems including, but not limited to, communication, computer, electrical, mechanical, ventilation, water, and plumbing systems, security codes, or the infrastructure or structural configuration of a building.
"Infrastructure record" includes a risk assessment of infrastructure performed by a state or local law enforcement agency at the request of a property owner or manager.
"Infrastructure record" does not mean a simple floor plan that discloses only the spatial relationship of components of the building.
"Security record" means any of the following:
(1) Any record that contains information directly used for protecting or maintaining the security of a public office against attack, interference, or sabotage;
(2) Any record assembled, prepared, or maintained by a public office or public body to prevent, mitigate, or respond to acts of terrorism, including any of the following:
(a) Those portions of records containing specific and unique vulnerability assessments or specific and unique response plans either of which is intended to prevent or mitigate acts of terrorism, and communication codes or deployment plans of law enforcement or emergency response personnel;
(b) Specific intelligence information and specific investigative records shared by federal and international law enforcement agencies with state and local law enforcement and public safety agencies;
(c) National security records classified under federal executive order and not subject to public disclosure under federal law that are shared by federal agencies, and other records related to national security briefings to assist state and local government with domestic preparedness for acts of terrorism.
(3) An emergency management plan adopted pursuant to section 5502.262 of the Revised Code.
(B)(1) A record kept by a public office that is a security record is not a public record under section 149.43 of the Revised Code and is not subject to mandatory release or disclosure under that section.
(2) A record kept by a public office that is an infrastructure record of a public office, public school, or a chartered nonpublic school is not a public record under section 149.43 of the Revised Code and is not subject to mandatory release or disclosure under that section.
(3) A record kept by a public office that is an infrastructure record of a private entity may be exempted from release or disclosure under division (C) of this section.
(C) A record prepared by, submitted to, or kept by a public office that is an infrastructure record of a private entity, which is submitted to the public office for use by the public office, when accompanied by an express statement, is exempt from release or disclosure under section 149.43 of the Revised Code for a period of twenty-five years after its creation if it is retained by the public office for that length of time.
(D) Notwithstanding any other section of the Revised Code, disclosure by a public office, public employee, chartered nonpublic school, or chartered nonpublic school employee of a security record or infrastructure record that is necessary for construction, renovation, or remodeling work on any public building or project or chartered nonpublic school does not constitute public disclosure for purposes of waiving division (B) of this section and does not result in that record becoming a public record for purposes of section 149.43 of the Revised Code.
Sec. 311.281. (A) No person, except a county sheriff or the deputies of a county sheriff, shall wear the badge, the standard uniform, or any distinctive part of the standard uniform prescribed for county sheriffs and their deputies by the county sheriffs' standard car-marking and uniform commission.
(B)
No
person, except a county sheriff or the deputies of a county sheriff,
shall mark a motor vehicle in a manner similar to that prescribed for
county sheriffs and their deputies by the county sheriffs' standard
car-marking and uniform commission.
(C)
Whoever
violates division (A) of this section is guilty of a violation of
section 2921.51 of the Revised Code.
Whoever
violates division (B) of this section is guilty of a violation of
section 2913.441 of the Revised Code.
Sec.
341.011. (A)
If a person who was convicted of or pleaded guilty to an offense or
was indicted or otherwise charged with the commission of an offense
escapes from a county jail or workhouse or otherwise escapes from the
custody of a sheriff, the sheriff immediately after the escape shall
report the escape, by telephone and in writing, to all local law
enforcement agencies with jurisdiction over the place where the
person escaped from custody, to the state highway patrol, to the
department of rehabilitation and correction if the escaped person is
a prisoner under the custody of the department who is in the jail or
workhouse, to the prosecuting attorney of the county, and to a
newspaper of general circulation in the county. The written notice
may be by either facsimile transmission or mail. A failure to comply
with this requirement is a violation of section 2921.22
2921.26
of
the Revised Code.
(B) Upon the apprehension of the escaped person, the sheriff shall give notice of the apprehension of the escaped person by telephone and in writing to the persons notified under division (A) of this section.
Sec. 742.461. (A) Notwithstanding any other provision of this chapter, any payment that is to be made under a pension or other type of benefit, other than a survivorship benefit, that has been granted to a person under this chapter, any payment of accumulated contributions standing to a person's credit under this chapter, and any payment of any other amounts to be paid to a person under this chapter upon the person's withdrawal of contributions pursuant to this chapter shall be subject to any withholding order issued pursuant to section 2907.15 of the Revised Code or division (C)(2)(b) of section 2921.41 of the Revised Code, and the board of trustees of the Ohio police and fire pension fund shall comply with that withholding order in making the payment.
(B) Notwithstanding any other provision of this chapter, if the board receives notice pursuant to section 2907.15 of the Revised Code or division (D) of section 2921.41 of the Revised Code that a person who has accumulated contributions standing to the person's credit pursuant to this chapter is charged with a violation of section 2907.011, 2907.02, 2907.03, 2907.04, 2907.05, or 2921.41 of the Revised Code, no payment of those accumulated contributions or of any other amounts to be paid under this chapter upon the person's withdrawal of contributions pursuant to this chapter shall be made prior to whichever of the following is applicable:
(1) If the person is convicted of or pleads guilty to the charge and no motion for a withholding order for purposes of restitution has been filed under section 2907.15 of the Revised Code or division (C)(2)(b)(i) of section 2921.41 of the Revised Code, thirty days after the day on which final disposition of the charge is made;
(2) If the person is convicted of or pleads guilty to the charge and a motion for a withholding order for purposes of restitution has been filed under section 2907.15 of the Revised Code or division (C)(2)(b)(i) of section 2921.41 of the Revised Code, the day on which the court decides the motion;
(3) If the charge is dismissed or the person is found not guilty or not guilty by reason of insanity of the charge, the day on which final disposition of the charge is made.
Sec.
753.19. (A)
If a person who was convicted of or pleaded guilty to an offense or
was indicted or otherwise charged with the commission of an offense
escapes from a jail or workhouse of a municipal corporation or
otherwise escapes from the custody of a municipal corporation, the
chief of police or other chief law enforcement officer of that
municipal corporation immediately after the escape shall report the
escape, by telephone and in writing, to all local law enforcement
agencies with jurisdiction over the place where the person escaped
from custody, to the state highway patrol, to the department of
rehabilitation and correction if the escaped person is a prisoner
under the custody of the department who is in the jail or workhouse,
to the prosecuting attorney of the county, and to a newspaper of
general circulation in the municipal corporation in a newspaper of
general circulation in each county in which part of the municipal
corporation is located.
The
written notice may be by either facsimile transmission or mail. A
failure to comply with this requirement is a violation of section
2921.22
2921.26
of
the Revised Code.
(B) Upon the apprehension of the escaped person, the chief law enforcement officer shall give notice of the apprehension of the escaped person by telephone and in writing to the persons notified under division (A) of this section.
Sec. 901.511. (A) As used in this section:
(1) "Agricultural product" means any of the following items that is produced for testing or research in the context of a product development program in conjunction or coordination with a private research facility, a university, or any federal, state, or local governmental agency or that is produced for personal, commercial, pharmaceutical, or educational purposes: field crop or field crop product; timber or timber product; forestry product; livestock or livestock product; meat or meat product; milk or dairy product; poultry or poultry product; equine animal; wool; fruit or vegetable crop; aquacultural product; algacultural product; horticultural crop, including plant materials grown in a greenhouse, nursery stock grown inside or outside of a container, ornamental grass, turf grass, ornamental trees, ornamental shrubs, or flowers; sod; mushrooms; viticultural product; apicultural product; tobacco; pasture; wild animal or domestic deer, as "wild animal" and "domestic deer" are defined in section 1531.01 of the Revised Code; monitored captive deer, captive deer with status, or captive deer with certified chronic wasting disease status as defined in section 943.01 of the Revised Code; or any combination of those items.
(2) "Algacultural product" means algal paste, algal powder, or dried algae that is comprised primarily of algal biomass.
(3) "Equipment" means any implement, machinery, real or personal property, building, or structure that is used in the production, growing, harvesting, or housing of any agricultural product. "Equipment" also includes any laboratory, research, product, samples, supplies, or fixed equipment that is used to test, develop, or analyze the process of producing, growing, or maintaining any agricultural product.
(4) "Material support or resources" means currency, payment instruments, other financial securities, financial services, lodging, training, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.
(5) "Payment instrument" means a check, draft, money order, traveler's check, cashier's check, teller's check, or other instrument or order for the transmission or payment of money regardless of whether the item in question is negotiable.
(6) "Specified offense" means either of the following:
(a)
A violation of section 2909.02, 2909.03, 2909.05, 2909.06,
2909.07, 2911.13, 2911.21, 2911.05,
2913.02,
2913.04,
2913.08,
or
2913.42,
division (C)(1) of section 2909.08,
or
division (A) or (D) of section 2911.06 of
the Revised Code;
(b) An attempt to commit, complicity in committing, or a conspiracy to commit an offense listed in division (A)(5)(a) of this section.
(B) No person shall commit a specified offense involving any agricultural product or equipment with the intent to do any of the following:
(1) Intimidate or coerce a civilian population;
(2) Influence the policy of any government by intimidation or coercion;
(3) Affect the conduct of any government;
(4) Interrupt or interfere with agricultural production, agricultural research, or equipment for purposes of disrupting or influencing, through intimidation or other means, consumer confidence or agricultural production methods.
Division (B) of this section does not apply to the practice of veterinary medicine by a person who has been issued a valid license, temporary permit, or registration certificate to practice veterinary medicine under Chapter 4741. of the Revised Code. As used in this division, "practice of veterinary medicine" has the same meaning as in section 4741.01 of the Revised Code.
(C) No person shall raise, solicit, collect, donate, or provide any material support or resources with the purpose that the material support or resources will be used in whole or in part to plan, prepare, carry out, or aid in either a violation of division (B) of this section or in the concealment of, or an escape from, a violation of that division.
(D)(1) In addition to the penalties established in section 901.99 of the Revised Code for a violation of this section, the court may require any person who violates this section to pay the victim of the offense an amount up to triple the value of the agricultural product or equipment that was the subject of the violation.
(2) In ordering restitution under division (D)(1) of this section, the court shall consider as part of the value of the agricultural product or equipment the market value of the agricultural product or equipment prior to the violation and the production, research, testing, replacement, and development costs directly related to the agricultural product or equipment that was the subject of the violation.
(E) The enactment of this section is not intended to require the prosecution exclusively under this section of an act, series of acts, or course of behavior that could be prosecuted either under this section or under another section of the Revised Code. One or more acts, series of acts, or courses of behavior that may be prosecuted either under this section or under another section of the Revised Code may be prosecuted under this section, the other section, or both sections.
Sec. 955.261. (A)(1) No person shall remove a dog that has bitten any person from the county in which the bite occurred until a quarantine period as specified in division (B) of this section has been completed. No person shall transfer a dog that has bitten any person until a quarantine period as specified in division (B) of this section has been completed, except that a person may transfer the dog to the county dog warden or to any other animal control authority.
(2)(a) Subject to division (A)(2)(b) of this section, no person shall kill a dog that has bitten any person until a quarantine period as specified in division (B) of this section has been completed.
(b) Division (A)(2)(a) of this section does not apply to the killing of a dog in order to prevent further injury or death or if the dog is diseased or seriously injured.
(3) No person who has killed a dog that has bitten any person in order to prevent further injury or death or if the dog is diseased or seriously injured shall fail to do both of the following:
(a) Immediately after the killing of the dog, notify the board of health for the district in which the bite occurred of the facts relative to the bite and the killing;
(b) Hold the body of the dog until that board of health claims it to perform tests for rabies.
(B) The quarantine period for a dog that has bitten any person shall be ten days or another period that the board of health for the district in which the bite occurred determines is necessary to observe the dog for rabies.
(C)(1) To enable persons to comply with the quarantine requirements specified in divisions (A) and (B) of this section, boards of health shall make provision for the quarantine of individual dogs under the circumstances described in those divisions.
(2) Upon the receipt of a notification pursuant to division (A)(3) of this section that a dog that has bitten any person has been killed, the board of health for the district in which the bite occurred shall claim the body of the dog from its killer and then perform tests on the body for rabies.
(D) This section does not apply to a police dog that has bitten a person while the police dog is under the care of a licensed veterinarian or has bitten a person while the police dog is being used for law enforcement, corrections, prison or jail security, or investigative purposes. If, after biting a person, a police dog exhibits any abnormal behavior, the law enforcement agency and the law enforcement officer the police dog assists, within a reasonable time after the person is bitten, shall make the police dog available for the board of health for the district in which the bite occurred to perform tests for rabies.
(E)
As used in this section, "police dog" has the same meaning
as in section 2921.321
955.11
of
the Revised Code.
Sec.
955.28. (A)
Subject to divisions (A)(2) and (3) of section 955.261 of the Revised
Code, a dog that is chasing or approaching in a menacing fashion or
apparent attitude of attack, that attempts to bite or otherwise
endanger, or that kills or injures a person or a dog that chases,
threatens, harasses, injures, or kills livestock, poultry, other
domestic animal, or other animal, that is the property of another
person, except a cat or another dog, can be killed at the time of
that chasing, threatening, harassment, approaching, attempt, killing,
or injury. If, in attempting to kill such a dog, a person wounds it,
the
person is not liable to prosecution under the penal laws
that
punish cruelty to animals. Nothing in this section precludes a law
enforcement officer from killing a dog that attacks a police dog
animal
as
defined in division
(F) of section
2921.321
2921.01
of
the Revised Code.
(B) The owner, keeper, or harborer of a dog is liable in damages for any injury, death, or loss to person or property that is caused by the dog, unless the injury, death, or loss was caused to the person or property of an individual who, at the time, was committing or attempting to commit criminal trespass or another criminal offense other than a minor misdemeanor on the property of the owner, keeper, or harborer, or was committing or attempting to commit a criminal offense other than a minor misdemeanor against any person, or was teasing, tormenting, or abusing the dog on the owner's, keeper's, or harborer's property. Additionally, the owner, keeper, or harborer of a dog is liable in damages for any injury, death, or loss to person or property that is caused by the dog if the injury, death, or loss was caused to the person or property of an individual who, at the time of the injury, death, or loss, was on the property of the owner, keeper, or harborer solely for the purpose of engaging in door-to-door sales or other solicitations regardless of whether the individual was in compliance with any requirement to obtain a permit or license to engage in door-to-door sales or other solicitations established by the political subdivision in which the property of the owner, keeper, or harborer is located, provided that the person was not committing a criminal offense other than a minor misdemeanor or was not teasing, tormenting, or abusing the dog.
Sec.
971.08. (A)
If an owner chooses to build a partition fence and the owner of
adjoining property does not share in the construction of the fence,
the owner building the fence, or a contractor hired by the owner, may
enter on the adjoining property for no more than ten feet for the
length of the fence to build and maintain in good repair the fence.
The owner or contractor building the fence is not guilty of a
violation of division
(A) or (D) of section
2911.21
2911.06
of
the Revised Code or an ordinance of a municipal corporation that is
substantially equivalent
to
either division,
provided that the owner or contractor does not enter onto the
property beyond the ten feet specified in this division. However,
that owner or contractor is liable for all damages caused by the
entry onto the adjoining property, including damages to crops.
(B) No person shall obstruct or interfere with anyone who is lawfully engaged in the construction or maintenance of a partition fence.
Sec.
1503.09. The
chief of the division of forestry may appoint forest-fire wardens and
forest-fire investigators, whose jurisdiction shall extend over fire
protection areas established under section 1503.08 of the Revised
Code. Forest-fire investigators shall conduct investigations and
gather evidence for purposes of the enforcement of this chapter
and,
sections
2909.02, 2909.03, 2909.06,
and
3767.32 of the Revised Code,
and division (B) of section 2909.05 and division (C) of section
2909.08 of the Revised Code
with
respect to forest fires in fire protection areas. Any forest-fire
warden or forest-fire investigator shall hold office until the
warden's or investigator's successor is appointed, but any such
warden or investigator may at any time be summarily removed by the
chief.
The chief may designate a forest-fire warden as a forest-fire investigator. The chief shall establish a policy for the required training of forest-fire investigators, which shall include successful completion of basic wildland fire suppression training and training as a peace officer. Division (D) of section 1501.24 and section 1501.25 of the Revised Code apply to a forest-fire investigator in the same manner as those provisions of law apply to a natural resources officer. Forest-fire investigators shall have jurisdiction, with permission from the chief, to enter public and private lands.
Sec.
1533.68. If
a person is convicted of a violation of any law relative to the
taking, possession, protection, preservation, or propagation of wild
animals, or a violation of division (C)(B)
of
section 2909.08 of the Revised Code while hunting, or is convicted of
a violation of any rule of the division of wildlife, the court or
magistrate before whom the conviction is had, as an additional part
of the penalty in each case, may suspend or revoke each license or
permit issued to the person in accordance with any section of the
Revised Code pertaining to the hunting, fishing, trapping, breeding,
and sale of wild animals or the sale of their hides, skins, or pelts.
No fee paid for such a license or permit shall be returned to the
person.
No
person having a license or permit suspended or revoked as provided in
this section, in the event of a hunting or trapping violation, shall
engage in hunting or trapping, in the event of a violation of
division (C)
(B)
of
section 2909.08 of the Revised Code while hunting, shall engage in
hunting, or in the event of a fishing violation, shall engage in
fishing, or purchase, apply for, or receive any such license or
permit for the following periods of time, as applicable:
(A) Three years after the date of conviction if the person is convicted of taking or possessing a deer in violation of section 1531.02 of the Revised Code;
(B)
Not more than three years after the date of conviction if the person
is convicted of taking or possessing any other wild animal in
violation of section 1531.02 of the Revised Code, is convicted of a
misdemeanor violation of division (C)
(B)
of
section 2909.08 of the Revised Code while hunting, or is convicted of
a second or subsequent violation of section 1533.17 of the Revised
Code within a period of three consecutive years after the date of
conviction of the immediately preceding violation of that section;
(C)
Not more than five years after the date of conviction if the person
is convicted of violating section 1533.171 or of taking or possessing
an eagle or osprey in violation of section 1533.07 of the Revised
Code or is convicted of a felony violation of division (C)
(B)
of
section 2909.08 of the Revised Code while hunting;
(D) Not more than five years after the date of conviction if the person is convicted of violating any section of this chapter or Chapter 1531. of the Revised Code not specified in division (A), (B), or (C) of this section.
All licenses and permits suspended or revoked as provided in this section shall be taken up by the magistrate and sent to the department of natural resources where they shall be filed with a record of the arrest until the person who held the suspended or revoked license or permit is lawfully entitled to obtain another license or permit.
Sec. 1905.01. (A) In Georgetown in Brown county, in Mount Gilead in Morrow county, in any municipal corporation located entirely on an island in Lake Erie, and in all other municipal corporations having a population of more than two hundred, other than Batavia in Clermont county, not being the site of a municipal court nor a place where a judge of the Auglaize county, Crawford county, Jackson county, Miami county, Montgomery county, Portage county, or Wayne county municipal court sits as required pursuant to section 1901.021 of the Revised Code or by designation of the judges pursuant to section 1901.021 of the Revised Code, the mayor of the municipal corporation has jurisdiction, except as provided in divisions (B), (C), and (E) of this section and subject to the limitation contained in section 1905.03 and the limitation contained in section 1905.031 of the Revised Code, to hear and determine any prosecution for the violation of an ordinance of the municipal corporation, to hear and determine any case involving a violation of a vehicle parking or standing ordinance of the municipal corporation unless the violation is required to be handled by a parking violations bureau or joint parking violations bureau pursuant to Chapter 4521. of the Revised Code, and to hear and determine all criminal causes involving any moving traffic violation occurring on a state highway located within the boundaries of the municipal corporation, subject to the limitations of sections 2937.08 and 2938.04 of the Revised Code.
(B)(1) In Georgetown in Brown county, in Mount Gilead in Morrow county, in any municipal corporation located entirely on an island in Lake Erie, and in all other municipal corporations having a population of more than two hundred, other than Batavia in Clermont county, not being the site of a municipal court nor a place where a judge of a court listed in division (A) of this section sits as required pursuant to section 1901.021 of the Revised Code or by designation of the judges pursuant to section 1901.021 of the Revised Code, the mayor of the municipal corporation has jurisdiction, subject to the limitation contained in section 1905.03 of the Revised Code, to hear and determine prosecutions involving a violation of an ordinance of the municipal corporation relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or relating to operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine, and to hear and determine criminal causes involving a violation of section 4511.19 of the Revised Code that occur on a state highway located within the boundaries of the municipal corporation, subject to the limitations of sections 2937.08 and 2938.04 of the Revised Code, only if the person charged with the violation, within ten years of the date of the violation charged, has not been convicted of or pleaded guilty to any of the following:
(a) A violation of an ordinance of any municipal corporation relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or relating to operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine;
(b) A violation of section 4511.19 of the Revised Code;
(c) A violation of any ordinance of any municipal corporation or of any section of the Revised Code that regulates the operation of vehicles, streetcars, and trackless trolleys upon the highways or streets, to which all of the following apply:
(i) The person, in the case in which the conviction was obtained or the plea of guilty was entered, had been charged with a violation of an ordinance of a type described in division (B)(1)(a) of this section, or with a violation of section 4511.19 of the Revised Code;
(ii) The charge of the violation described in division (B)(1)(c)(i) of this section was dismissed or reduced;
(iii) The violation of which the person was convicted or to which the person pleaded guilty arose out of the same facts and circumstances and the same act as did the charge that was dismissed or reduced.
(d) A violation of a statute of the United States or of any other state or a municipal ordinance of a municipal corporation located in any other state that is substantially similar to section 4511.19 of the Revised Code.
(2) The mayor of a municipal corporation does not have jurisdiction to hear and determine any prosecution or criminal cause involving a violation described in division (B)(1)(a) or (b) of this section, regardless of where the violation occurred, if the person charged with the violation, within ten years of the violation charged, has been convicted of or pleaded guilty to any violation listed in division (B)(1)(a), (b), (c), or (d) of this section.
If the mayor of a municipal corporation, in hearing a prosecution involving a violation of an ordinance of the municipal corporation the mayor serves relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or relating to operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine, or in hearing a criminal cause involving a violation of section 4511.19 of the Revised Code, determines that the person charged, within ten years of the violation charged, has been convicted of or pleaded guilty to any violation listed in division (B)(1)(a), (b), (c), or (d) of this section, the mayor immediately shall transfer the case to the county court or municipal court with jurisdiction over the violation charged, in accordance with section 1905.032 of the Revised Code.
(C)(1) In Georgetown in Brown county, in Mount Gilead in Morrow county, in any municipal corporation located entirely on an island in Lake Erie, and in all other municipal corporations having a population of more than two hundred, other than Batavia in Clermont county, not being the site of a municipal court and not being a place where a judge of a court listed in division (A) of this section sits as required pursuant to section 1901.021 of the Revised Code or by designation of the judges pursuant to section 1901.021 of the Revised Code, the mayor of the municipal corporation, subject to sections 1901.031, 2937.08, and 2938.04 of the Revised Code, has jurisdiction to hear and determine prosecutions involving a violation of a municipal ordinance that is substantially equivalent to division (A) of section 4510.14 or section 4510.16 of the Revised Code and to hear and determine criminal causes that involve a moving traffic violation, that involve a violation of division (A) of section 4510.14 or section 4510.16 of the Revised Code, and that occur on a state highway located within the boundaries of the municipal corporation only if all of the following apply regarding the violation and the person charged:
(a) Regarding a violation of section 4510.16 of the Revised Code or a violation of a municipal ordinance that is substantially equivalent to that division, the person charged with the violation, within six years of the date of the violation charged, has not been convicted of or pleaded guilty to any of the following:
(i) A violation of section 4510.16 of the Revised Code;
(ii) A violation of a municipal ordinance that is substantially equivalent to section 4510.16 of the Revised Code;
(iii) A violation of any municipal ordinance or section of the Revised Code that regulates the operation of vehicles, streetcars, and trackless trolleys upon the highways or streets, in a case in which, after a charge against the person of a violation of a type described in division (C)(1)(a)(i) or (ii) of this section was dismissed or reduced, the person is convicted of or pleads guilty to a violation that arose out of the same facts and circumstances and the same act as did the charge that was dismissed or reduced.
(b) Regarding a violation of division (A) of section 4510.14 of the Revised Code or a violation of a municipal ordinance that is substantially equivalent to that division, the person charged with the violation, within six years of the date of the violation charged, has not been convicted of or pleaded guilty to any of the following:
(i) A violation of division (A) of section 4510.14 of the Revised Code;
(ii) A violation of a municipal ordinance that is substantially equivalent to division (A) of section 4510.14 of the Revised Code;
(iii) A violation of any municipal ordinance or section of the Revised Code that regulates the operation of vehicles, streetcars, and trackless trolleys upon the highways or streets in a case in which, after a charge against the person of a violation of a type described in division (C)(1)(b)(i) or (ii) of this section was dismissed or reduced, the person is convicted of or pleads guilty to a violation that arose out of the same facts and circumstances and the same act as did the charge that was dismissed or reduced.
(2) The mayor of a municipal corporation does not have jurisdiction to hear and determine any prosecution or criminal cause involving a violation described in division (C)(1)(a)(i) or (ii) of this section if the person charged with the violation, within six years of the violation charged, has been convicted of or pleaded guilty to any violation listed in division (C)(1)(a)(i), (ii), or (iii) of this section and does not have jurisdiction to hear and determine any prosecution or criminal cause involving a violation described in division (C)(1)(b)(i) or (ii) of this section if the person charged with the violation, within six years of the violation charged, has been convicted of or pleaded guilty to any violation listed in division (C)(1)(b)(i), (ii), or (iii) of this section.
(3) If the mayor of a municipal corporation, in hearing a prosecution involving a violation of an ordinance of the municipal corporation the mayor serves that is substantially equivalent to division (A) of section 4510.14 or section 4510.16 of the Revised Code or a violation of division (A) of section 4510.14 or section 4510.16 of the Revised Code, determines that, under division (C)(2) of this section, mayors do not have jurisdiction of the prosecution, the mayor immediately shall transfer the case to the county court or municipal court with jurisdiction over the violation in accordance with section 1905.032 of the Revised Code.
(D) If the mayor of a municipal corporation has jurisdiction pursuant to division (B)(1) of this section to hear and determine a prosecution or criminal cause involving a violation described in division (B)(1)(a) or (b) of this section, the authority of the mayor to hear or determine the prosecution or cause is subject to the limitation contained in division (C) of section 1905.03 of the Revised Code. If the mayor of a municipal corporation has jurisdiction pursuant to division (A) or (C) of this section to hear and determine a prosecution or criminal cause involving a violation other than a violation described in division (B)(1)(a) or (b) of this section, the authority of the mayor to hear or determine the prosecution or cause is subject to the limitation contained in division (C) of section 1905.031 of the Revised Code.
(E)(1) The mayor of a municipal corporation does not have jurisdiction to hear and determine any prosecution or criminal cause involving any of the following:
(a) A violation of section 2919.25 or 2919.27 of the Revised Code;
(b)
A violation of section 2903.11, 2903.12, 2903.13, or
2903.211,
or
2911.211
division
(B) of section 2911.06 of
the Revised Code that involves a person who was a family or household
member of the defendant at the time of the violation;
(c) A violation of a municipal ordinance that is substantially equivalent to an offense described in division (E)(1)(a) or (b) of this section and that involves a person who was a family or household member of the defendant at the time of the violation.
(2) The mayor of a municipal corporation does not have jurisdiction to hear and determine a motion filed pursuant to section 2919.26 of the Revised Code or filed pursuant to a municipal ordinance that is substantially equivalent to that section or to issue a protection order pursuant to that section or a substantially equivalent municipal ordinance.
(3) As used in this section, "family or household member" has the same meaning as in section 2919.25 of the Revised Code.
(F) In keeping a docket and files, the mayor, and a mayor's court magistrate appointed under section 1905.05 of the Revised Code, shall be governed by the laws pertaining to county courts.
Sec. 2151.14. (A) The chief probation officer, under the direction of the juvenile judge, shall have charge of the work of the probation department. The department shall make any investigations that the judge directs, keep a written record of the investigations, and submit the record to the judge or deal with them as the judge directs. The department shall furnish to any person placed on community control a statement of the conditions of community control and shall instruct the person regarding them. The department shall keep informed concerning the conduct and condition of each person under its supervision and shall report on their conduct and condition to the judge as the judge directs. Each probation officer shall use all suitable methods to aid persons on community control and to bring about improvement in their conduct and condition. The department shall keep full records of its work, keep accurate and complete accounts of money collected from persons under its supervision, give receipts for the money, and make reports on the money as the judge directs.
(B) Except as provided in this division or in division (C) or (D) of this section, the reports and records of the department shall be considered confidential information and shall not be made public. If an officer is preparing pursuant to section 2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 a presentence investigation report pertaining to a person, the department shall make available to the officer, for use in preparing the report, any reports and records it possesses regarding any adjudications of that person as a delinquent child or regarding the dispositions made relative to those adjudications. A probation officer may serve the process of the court within or without the county, make arrests without warrant upon reasonable information or upon view of the violation of this chapter or Chapter 2152. of the Revised Code, detain the person arrested pending the issuance of a warrant, and perform any other duties, incident to the office, that the judge directs. All sheriffs, deputy sheriffs, constables, marshals, deputy marshals, chiefs of police, municipal corporation and township police officers, and other peace officers shall render assistance to probation officers in the performance of their duties when requested to do so by any probation officer.
(C) When a complaint has been filed alleging that a child is delinquent by reason of having committed an act that would constitute a violation of section 2907.011, 2907.02, 2907.03, 2907.05, or 2907.06 of the Revised Code if committed by an adult and the arresting authority, a court, or a probation officer discovers that the child or a person whom the child caused to engage in sexual activity, as defined in section 2907.01 of the Revised Code, has a communicable disease, the arresting authority, court, or probation officer immediately shall notify the victim of the delinquent act of the nature of the disease.
(D)(1) In accordance with division (D)(2) of this section, subject to the limitation specified in division (D)(4) of this section, and in connection with a disposition pursuant to section 2151.354 of the Revised Code when a child has been found to be an unruly child, a disposition pursuant to sections 2152.19 and 2152.20 of the Revised Code when a child has been found to be a delinquent child, or a disposition pursuant to sections 2152.20 and 2152.21 of the Revised Code when a child has been found to be a juvenile traffic offender, the court may issue an order requiring boards of education, governing bodies of chartered nonpublic schools, public children services agencies, private child placing agencies, probation departments, law enforcement agencies, and prosecuting attorneys that have records related to the child in question to provide copies of one or more specified records, or specified information in one or more specified records, that the individual or entity has with respect to the child to any of the following individuals or entities that request the records in accordance with division (D)(3)(a) of this section:
(a) The child;
(b) The attorney or guardian ad litem of the child;
(c) A parent, guardian, or custodian of the child;
(d) A prosecuting attorney;
(e) A board of education of a public school district;
(f) A probation department of a juvenile court;
(g) A public children services agency or private child placing agency that has custody of the child, is providing services to the child or the child's family, or is preparing a social history or performing any other function for the juvenile court;
(h) The department of youth services when the department has custody of the child or is performing any services for the child that are required by the juvenile court or by statute;
(i) The individual in control of a juvenile detention or rehabilitation facility to which the child has been committed;
(j) An employee of the juvenile court that found the child to be an unruly child, a delinquent child, or a juvenile traffic offender;
(k) Any other entity that has custody of the child or is providing treatment, rehabilitation, or other services for the child pursuant to a court order, statutory requirement, or other arrangement.
(2) Any individual or entity listed in divisions (D)(1)(a) to (k) of this section may file a motion with the court that requests the court to issue an order as described in division (D)(1) of this section. If such a motion is filed, the court shall conduct a hearing on it. If at the hearing the movant demonstrates a need for one or more specified records, or for information in one or more specified records, related to the child in question and additionally demonstrates the relevance of the information sought to be obtained from those records, and if the court determines that the limitation specified in division (D)(4) of this section does not preclude the provision of a specified record or specified information to the movant, then the court may issue an order to a designated individual or entity to provide the movant with copies of one or more specified records or with specified information contained in one or more specified records.
(3)(a) Any individual or entity that is authorized by an order issued pursuant to division (D)(1) of this section to obtain copies of one or more specified records, or specified information, related to a particular child may file a written request for copies of the records or for the information with any individual or entity required by the order to provide copies of the records or the information. The request shall be in writing, describe the type of records or the information requested, explain the need for the records or the information, and be accompanied by a copy of the order.
(b) If an individual or entity that is required by an order issued pursuant to division (D)(1) of this section to provide one or more specified records, or specified information, related to a child receives a written request for the records or information in accordance with division (D)(3)(a) of this section, the individual or entity immediately shall comply with the request to the extent it is able to do so, unless the individual or entity determines that it is unable to comply with the request because it is prohibited by law from doing so, or unless the requesting individual or entity does not have authority to obtain the requested records or information. If the individual or entity determines that it is unable to comply with the request, it shall file a motion with the court that issued the order requesting the court to determine the extent to which it is required to comply with the request for records or information. Upon the filing of the motion, the court immediately shall hold a hearing on the motion, determine the extent to which the movant is required to comply with the request for records or information, and issue findings of fact and conclusions of law in support of its determination. The determination of the court shall be final. If the court determines that the movant is required to comply with the request for records or information, it shall identify the specific records or information that must be supplied to the individual or entity that requested the records or information.
(c) If an individual or entity is required to provide copies of one or more specified records pursuant to division (D) of this section, the individual or entity may charge a fee for the copies that does not exceed the cost of supplying them.
(4) Division (D) of this section does not require, authorize, or permit the dissemination of any records or any information contained in any records if the dissemination of the records or information generally is prohibited by any provision of the Revised Code and a specific provision of the Revised Code does not specifically authorize or permit the dissemination of the records or information pursuant to division (D) of this section.
Sec. 2151.356. (A) The records of a case in which a person was adjudicated a delinquent child for committing a violation of section 2903.01, 2903.02, 2907.011, or 2907.02 of the Revised Code shall not be sealed under this section.
(B)(1) The juvenile court shall promptly order the immediate sealing of records pertaining to a juvenile in any of the following circumstances:
(a) If the court receives a record from a public office or agency under division (B)(2) of this section;
(b) If a person was brought before or referred to the court for allegedly committing a delinquent or unruly act and the case was resolved without the filing of a complaint against the person with respect to that act pursuant to section 2151.27 of the Revised Code;
(c) If a person was charged with violating division (E)(1) of section 4301.69 of the Revised Code and the person has successfully completed a diversion program under division (E)(2)(a) of section 4301.69 of the Revised Code with respect to that charge;
(d) If a complaint was filed against a person alleging that the person was a delinquent child, an unruly child, or a juvenile traffic offender and the court dismisses the complaint after a trial on the merits of the case or finds the person not to be a delinquent child, an unruly child, or a juvenile traffic offender;
(e) Notwithstanding division (C) of this section and subject to section 2151.358 of the Revised Code, if a person has been adjudicated an unruly child, that person has attained eighteen years of age, and the person is not under the jurisdiction of the court in relation to a complaint alleging the person to be a delinquent child.
(2) The appropriate public office or agency shall immediately deliver all original records at that public office or agency pertaining to a juvenile to the court, if the person was arrested or taken into custody for allegedly committing a delinquent or unruly act, no complaint was filed against the person with respect to the commission of the act pursuant to section 2151.27 of the Revised Code, and the person was not brought before or referred to the court for the commission of the act. The records delivered to the court as required under this division shall not include fingerprints, DNA specimens, and DNA records described under division (A)(3) of section 2151.357 of the Revised Code.
(C)(1) The juvenile court shall consider the sealing of records pertaining to a juvenile upon the court's own motion or upon the application of a person if the person has been adjudicated a delinquent child for committing an act other than a violation of section 2903.01, 2903.02, or 2907.02 of the Revised Code, an unruly child, or a juvenile traffic offender and if, at the time of the motion or application, the person is not under the jurisdiction of the court in relation to a complaint alleging the person to be a delinquent child. The court shall not require a fee for the filing of the application. The motion or application may be made on or after the time specified in whichever of the following is applicable:
(a) If the person is under eighteen years of age, at any time after six months after any of the following events occur:
(i) The termination of any order made by the court in relation to the adjudication;
(ii) The unconditional discharge of the person from the department of youth services with respect to a dispositional order made in relation to the adjudication or from an institution or facility to which the person was committed pursuant to a dispositional order made in relation to the adjudication;
(iii) The court enters an order under section 2152.84 or 2152.85 of the Revised Code that contains a determination that the child is no longer a juvenile offender registrant.
(b) If the person is eighteen years of age or older, at any time after the later of the following:
(i) The person's attainment of eighteen years of age;
(ii) The occurrence of any event identified in divisions (C)(1)(a)(i) to (iii) of this section.
(2) In making the determination whether to seal records pursuant to division (C)(1) of this section, all of the following apply:
(a) The court may require a person filing an application under division (C)(1) of this section to submit any relevant documentation to support the application.
(b) The court may cause an investigation to be made to determine if the person who is the subject of the proceedings has been rehabilitated to a satisfactory degree.
(c) The court shall promptly notify the prosecuting attorney of any proceedings to seal records initiated pursuant to division (C)(1) of this section.
(d)(i) The prosecuting attorney may file a response with the court within thirty days of receiving notice of the sealing proceedings.
(ii) If the prosecuting attorney does not file a response with the court or if the prosecuting attorney files a response but indicates that the prosecuting attorney does not object to the sealing of the records, the court may order the records of the person that are under consideration to be sealed without conducting a hearing on the motion or application. If the court decides in its discretion to conduct a hearing on the motion or application, the court shall conduct the hearing within thirty days after making that decision and shall give notice, by regular mail, of the date, time, and location of the hearing to the prosecuting attorney and to the person who is the subject of the records under consideration.
(iii) If the prosecuting attorney files a response with the court that indicates that the prosecuting attorney objects to the sealing of the records, the court shall conduct a hearing on the motion or application within thirty days after the court receives the response. The court shall give notice, by regular mail, of the date, time, and location of the hearing to the prosecuting attorney and to the person who is the subject of the records under consideration.
(e) After conducting a hearing in accordance with division (C)(2)(d) of this section or after due consideration when a hearing is not conducted, except as provided in division (B)(1)(c) of this section, the court may order the records of the person that are the subject of the motion or application to be sealed if it finds that the person has been rehabilitated to a satisfactory degree. In determining whether the person has been rehabilitated to a satisfactory degree, the court may consider all of the following:
(i) The age of the person;
(ii) The nature of the case;
(iii) The cessation or continuation of delinquent, unruly, or criminal behavior;
(iv) The education and employment history of the person;
(v) The granting of a new tier classification or declassification from the juvenile offender registry pursuant to section 2152.85 of the Revised Code, except for public registry-qualified juvenile offender registrants;
(vi) Any other circumstances that may relate to the rehabilitation of the person who is the subject of the records under consideration.
(D)(1)(a) The juvenile court shall provide verbal notice to a person whose records are sealed under division (B) of this section, if that person is present in the court at the time the court issues a sealing order, that explains what sealing a record means, states that the person may apply to have those records expunged under section 2151.358 of the Revised Code, and explains what expunging a record means.
(b) The juvenile court shall provide written notice to a person whose records are sealed under division (B) of this section by regular mail to the person's last known address, if that person is not present in the court at the time the court issues a sealing order and if the court does not seal the person's record upon the court's own motion, that explains what sealing a record means, states that the person may apply to have those records expunged under section 2151.358 of the Revised Code, and explains what expunging a record means.
(2) Upon final disposition of a case in which a person has been adjudicated a delinquent child for committing an act other than a violation of section 2903.01, 2903.02, or 2907.02 of the Revised Code, an unruly child, or a juvenile traffic offender, the juvenile court shall provide written notice to the person that does all of the following:
(a) States that the person may apply to the court for an order to seal the record;
(b) Explains what sealing a record means;
(c) States that the person may apply to the court for an order to expunge the record under section 2151.358 of the Revised Code;
(d) Explains what expunging a record means.
(3) The department of youth services and any other institution or facility that unconditionally discharges a person who has been adjudicated a delinquent child, an unruly child, or a juvenile traffic offender shall immediately give notice of the discharge to the court that committed the person. The court shall note the date of discharge on a separate record of discharges of those natures.
Sec. 2151.414. (A)(1) Upon the filing of a motion pursuant to section 2151.413 of the Revised Code for permanent custody of a child, the court shall schedule a hearing and give notice of the filing of the motion and of the hearing, in accordance with section 2151.29 of the Revised Code, to all parties to the action and to the child's guardian ad litem. The notice also shall contain a full explanation that the granting of permanent custody permanently divests the parents of their parental rights, a full explanation of their right to be represented by counsel and to have counsel appointed pursuant to Chapter 120. of the Revised Code if they are indigent, and the name and telephone number of the court employee designated by the court pursuant to section 2151.314 of the Revised Code to arrange for the prompt appointment of counsel for indigent persons.
The court shall conduct a hearing in accordance with section 2151.35 of the Revised Code to determine if it is in the best interest of the child to permanently terminate parental rights and grant permanent custody to the agency that filed the motion. The adjudication that the child is an abused, neglected, or dependent child and any dispositional order that has been issued in the case under section 2151.353 of the Revised Code pursuant to the adjudication shall not be readjudicated at the hearing and shall not be affected by a denial of the motion for permanent custody.
(2) The court shall hold the hearing scheduled pursuant to division (A)(1) of this section not later than one hundred twenty days after the agency files the motion for permanent custody, except that, for good cause shown, the court may continue the hearing for a reasonable period of time beyond the one-hundred-twenty-day deadline. The court shall issue an order that grants, denies, or otherwise disposes of the motion for permanent custody, and journalize the order, not later than two hundred days after the agency files the motion.
If a motion is made under division (D)(2) of section 2151.413 of the Revised Code and no dispositional hearing has been held in the case, the court may hear the motion in the dispositional hearing required by division (B) of section 2151.35 of the Revised Code. If the court issues an order pursuant to section 2151.353 of the Revised Code granting permanent custody of the child to the agency, the court shall immediately dismiss the motion made under division (D)(2) of section 2151.413 of the Revised Code.
The failure of the court to comply with the time periods set forth in division (A)(2) of this section does not affect the authority of the court to issue any order under this chapter and does not provide any basis for attacking the jurisdiction of the court or the validity of any order of the court.
(B)(1) Except as provided in division (B)(2) of this section, the court may grant permanent custody of a child to a movant if the court determines at the hearing held pursuant to division (A) of this section, by clear and convincing evidence, that it is in the best interest of the child to grant permanent custody of the child to the agency that filed the motion for permanent custody and that any of the following apply:
(a) The child is not abandoned or orphaned, has not been in the temporary custody of one or more public children services agencies or private child placing agencies for twelve or more months of a consecutive twenty-two-month period, or has not been in the temporary custody of one or more public children services agencies or private child placing agencies for twelve or more months of a consecutive twenty-two-month period if, as described in division (D)(1) of section 2151.413 of the Revised Code, the child was previously in the temporary custody of an equivalent agency in another state, and the child cannot be placed with either of the child's parents within a reasonable time or should not be placed with the child's parents.
(b) The child is abandoned.
(c) The child is orphaned, and there are no relatives of the child who are able to take permanent custody.
(d) The child has been in the temporary custody of one or more public children services agencies or private child placing agencies for twelve or more months of a consecutive twenty-two-month period, or the child has been in the temporary custody of one or more public children services agencies or private child placing agencies for twelve or more months of a consecutive twenty-two-month period and, as described in division (D)(1) of section 2151.413 of the Revised Code, the child was previously in the temporary custody of an equivalent agency in another state.
(e) The child or another child in the custody of the parent or parents from whose custody the child has been removed has been adjudicated an abused, neglected, or dependent child on three separate occasions by any court in this state or another state.
For the purposes of division (B)(1) of this section, a child shall be considered to have entered the temporary custody of an agency on the earlier of the date the child is adjudicated pursuant to section 2151.28 of the Revised Code or the date that is sixty days after the removal of the child from home.
(2) With respect to a motion made pursuant to division (D)(2) of section 2151.413 of the Revised Code, the court shall grant permanent custody of the child to the movant if the court determines in accordance with division (E) of this section that the child cannot be placed with one of the child's parents within a reasonable time or should not be placed with either parent and determines in accordance with division (D) of this section that permanent custody is in the child's best interest.
(C) In making the determinations required by this section or division (A)(4) of section 2151.353 of the Revised Code, a court shall not consider the effect the granting of permanent custody to the agency would have upon any parent of the child. A written report of the guardian ad litem of the child shall be submitted to the court prior to or at the time of the hearing held pursuant to division (A) of this section or section 2151.35 of the Revised Code but shall not be submitted under oath.
If the court grants permanent custody of a child to a movant under this division, the court, upon the request of any party, shall file a written opinion setting forth its findings of fact and conclusions of law in relation to the proceeding. The court shall not deny an agency's motion for permanent custody solely because the agency failed to implement any particular aspect of the child's case plan.
(D)(1) In determining the best interest of a child at a hearing held pursuant to division (A) of this section or for the purposes of division (A)(4) or (5) of section 2151.353 or division (C) of section 2151.415 of the Revised Code, the court shall consider all relevant factors, including, but not limited to, the following:
(a) The interaction and interrelationship of the child with the child's parents, siblings, relatives, foster caregivers and out-of-home providers, and any other person who may significantly affect the child;
(b) The wishes of the child, as expressed directly by the child or through the child's guardian ad litem, with due regard for the maturity of the child;
(c) The custodial history of the child, including whether the child has been in the temporary custody of one or more public children services agencies or private child placing agencies for twelve or more months of a consecutive twenty-two-month period, or the child has been in the temporary custody of one or more public children services agencies or private child placing agencies for twelve or more months of a consecutive twenty-two-month period and, as described in division (D)(1) of section 2151.413 of the Revised Code, the child was previously in the temporary custody of an equivalent agency in another state;
(d) The child's need for a legally secure permanent placement and whether that type of placement can be achieved without a grant of permanent custody to the agency;
(e) Whether any of the factors in divisions (E)(7) to (11) of this section apply in relation to the parents and child.
For the purposes of division (D)(1) of this section, a child shall be considered to have entered the temporary custody of an agency on the earlier of the date the child is adjudicated pursuant to section 2151.28 of the Revised Code or the date that is sixty days after the removal of the child from home.
(2) If all of the following apply, permanent custody is in the best interest of the child, and the court shall commit the child to the permanent custody of a public children services agency or private child placing agency:
(a) The court determines by clear and convincing evidence that one or more of the factors in division (E) of this section exist and the child cannot be placed with one of the child's parents within a reasonable time or should not be placed with either parent.
(b) The child has been in an agency's custody for two years or longer, and no longer qualifies for temporary custody pursuant to division (D) of section 2151.415 of the Revised Code.
(c) The child does not meet the requirements for a planned permanent living arrangement pursuant to division (A)(5) of section 2151.353 of the Revised Code.
(d) Prior to the dispositional hearing, no relative or other interested person has filed, or has been identified in, a motion for legal custody of the child.
(E) In determining at a hearing held pursuant to division (A) of this section or for the purposes of division (A)(4) of section 2151.353 of the Revised Code whether a child cannot be placed with either parent within a reasonable period of time or should not be placed with the parents, the court shall consider all relevant evidence. If the court determines, by clear and convincing evidence, at a hearing held pursuant to division (A) of this section or for the purposes of division (A)(4) of section 2151.353 of the Revised Code that one or more of the following exist as to each of the child's parents, the court shall enter a finding that the child cannot be placed with either parent within a reasonable time or should not be placed with either parent:
(1) Following the placement of the child outside the child's home and notwithstanding reasonable case planning and diligent efforts by the agency to assist the parents to remedy the problems that initially caused the child to be placed outside the home, the parent has failed continuously and repeatedly to substantially remedy the conditions causing the child to be placed outside the child's home. In determining whether the parents have substantially remedied those conditions, the court shall consider parental utilization of medical, psychiatric, psychological, and other social and rehabilitative services and material resources that were made available to the parents for the purpose of changing parental conduct to allow them to resume and maintain parental duties.
(2) Chronic mental illness, chronic emotional illness, intellectual disability, physical disability, or chemical dependency of the parent that is so severe that it makes the parent unable to provide an adequate permanent home for the child at the present time and, as anticipated, within one year after the court holds the hearing pursuant to division (A) of this section or for the purposes of division (A)(4) of section 2151.353 of the Revised Code;
(3) The parent committed any abuse as described in section 2151.031 of the Revised Code against the child, caused the child to suffer any neglect as described in section 2151.03 of the Revised Code, or allowed the child to suffer any neglect as described in section 2151.03 of the Revised Code between the date that the original complaint alleging abuse or neglect was filed and the date of the filing of the motion for permanent custody;
(4) The parent has demonstrated a lack of commitment toward the child by failing to regularly support, visit, or communicate with the child when able to do so, or by other actions showing an unwillingness to provide an adequate permanent home for the child;
(5) The parent is incarcerated for an offense committed against the child or a sibling of the child;
(6)
The parent has been convicted of or pleaded guilty to an offense
under division (A) or (C) of section 2919.22 or under section
2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.03, 2905.04,
2905.05, 2907.07, 2907.08, 2907.09, 2907.12, 2907.23, 2907.25,
2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02,
2911.03,
2911.04, 2911.11,
2911.12,
2919.12, 2919.24,
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the
Revised Code, and the child or a sibling of the child was a victim of
the offense, or the parent has been convicted of or pleaded guilty to
an offense under section 2903.04 of the Revised Code, a sibling of
the child was the victim of the offense, and the parent who committed
the offense poses an ongoing danger to the child or a sibling of the
child.
(7) The parent has been convicted of or pleaded guilty to one of the following:
(a) An offense under section 2903.01, 2903.02, or 2903.03 of the Revised Code or under an existing or former law of this state, any other state, or the United States that is substantially equivalent to an offense described in those sections and the victim of the offense was a sibling of the child or the victim was another child who lived in the parent's household at the time of the offense;
(b) An offense under section 2903.11, 2903.12, or 2903.13 of the Revised Code or under an existing or former law of this state, any other state, or the United States that is substantially equivalent to an offense described in those sections and the victim of the offense is the child, a sibling of the child, or another child who lived in the parent's household at the time of the offense;
(c) An offense under division (B)(2) of section 2919.22 of the Revised Code or under an existing or former law of this state, any other state, or the United States that is substantially equivalent to the offense described in that section and the child, a sibling of the child, or another child who lived in the parent's household at the time of the offense is the victim of the offense;
(d) An offense under section 2907.011, 2907.02, 2907.03, 2907.04, 2907.05, or 2907.06 of the Revised Code or under an existing or former law of this state, any other state, or the United States that is substantially equivalent to an offense described in those sections and the victim of the offense is the child, a sibling of the child, or another child who lived in the parent's household at the time of the offense;
(e) An offense under section 2905.32, 2907.21, or 2907.22 of the Revised Code or under an existing or former law of this state, any other state, or the United States that is substantially equivalent to the offense described in that section and the victim of the offense is the child, a sibling of the child, or another child who lived in the parent's household at the time of the offense;
(f) A conspiracy or attempt to commit, or complicity in committing, an offense described in division (E)(7)(a), (d), or (e) of this section.
(8) The parent has repeatedly withheld medical treatment or food from the child when the parent has the means to provide the treatment or food, and, in the case of withheld medical treatment, the parent withheld it for a purpose other than to treat the physical or mental illness or defect of the child by spiritual means through prayer alone in accordance with the tenets of a recognized religious body.
(9) The parent has placed the child at substantial risk of harm two or more times due to alcohol or drug abuse and has rejected treatment two or more times or refused to participate in further treatment two or more times after a case plan issued pursuant to section 2151.412 of the Revised Code requiring treatment of the parent was journalized as part of a dispositional order issued with respect to the child or an order was issued by any other court requiring treatment of the parent.
(10) The parent has abandoned the child.
(11) The parent has had parental rights involuntarily terminated with respect to a sibling of the child pursuant to this section or section 2151.353 or 2151.415 of the Revised Code, or under an existing or former law of this state, any other state, or the United States that is substantially equivalent to those sections, and the parent has failed to provide clear and convincing evidence to prove that, notwithstanding the prior termination, the parent can provide a legally secure permanent placement and adequate care for the health, welfare, and safety of the child.
(12) The parent is incarcerated at the time of the filing of the motion for permanent custody or the dispositional hearing of the child and will not be available to care for the child for at least eighteen months after the filing of the motion for permanent custody or the dispositional hearing.
(13) The parent is repeatedly incarcerated, and the repeated incarceration prevents the parent from providing care for the child.
(14) The parent for any reason is unwilling to provide food, clothing, shelter, and other basic necessities for the child or to prevent the child from suffering physical, emotional, or sexual abuse or physical, emotional, or mental neglect.
(15) The parent has committed abuse as described in section 2151.031 of the Revised Code against the child or caused or allowed the child to suffer neglect as described in section 2151.03 of the Revised Code, and the court determines that the seriousness, nature, or likelihood of recurrence of the abuse or neglect makes the child's placement with the child's parent a threat to the child's safety.
(16) Any other factor the court considers relevant.
(F) The parents of a child for whom the court has issued an order granting permanent custody pursuant to this section, upon the issuance of the order, cease to be parties to the action. This division is not intended to eliminate or restrict any right of the parents to appeal the granting of permanent custody of their child to a movant pursuant to this section.
Sec. 2151.419. (A)(1) Except as provided in division (A)(2) of this section, at any hearing held pursuant to section 2151.28, division (E) of section 2151.31, or section 2151.314, 2151.33, or 2151.353 of the Revised Code at which the court removes a child from the child's home or continues the removal of a child from the child's home, the court shall determine whether the public children services agency or private child placing agency that filed the complaint in the case, removed the child from home, has custody of the child, or will be given custody of the child has made reasonable efforts to prevent the removal of the child from the child's home, to eliminate the continued removal of the child from the child's home, or to make it possible for the child to return safely home. The agency shall have the burden of proving that it has made those reasonable efforts. If the agency removed the child from home during an emergency in which the child could not safely remain at home and the agency did not have prior contact with the child, the court is not prohibited, solely because the agency did not make reasonable efforts during the emergency to prevent the removal of the child, from determining that the agency made those reasonable efforts. In determining whether reasonable efforts were made, the child's health and safety shall be paramount.
(2) If any of the following apply, the court shall make a determination that the agency is not required to make reasonable efforts to prevent the removal of the child from the child's home, eliminate the continued removal of the child from the child's home, and return the child to the child's home:
(a) The parent from whom the child was removed has been convicted of or pleaded guilty to one of the following:
(i) An offense under section 2903.01, 2903.02, or 2903.03 of the Revised Code or under an existing or former law of this state, any other state, or the United States that is substantially equivalent to an offense described in those sections and the victim of the offense was a sibling of the child or the victim was another child who lived in the parent's household at the time of the offense;
(ii) An offense under section 2903.11, 2903.12, or 2903.13 of the Revised Code or under an existing or former law of this state, any other state, or the United States that is substantially equivalent to an offense described in those sections and the victim of the offense is the child, a sibling of the child, or another child who lived in the parent's household at the time of the offense;
(iii) An offense under division (B)(2) of section 2919.22 of the Revised Code or under an existing or former law of this state, any other state, or the United States that is substantially equivalent to the offense described in that section and the child, a sibling of the child, or another child who lived in the parent's household at the time of the offense is the victim of the offense;
(iv) An offense under section 2907.011, 2907.02, 2907.03, 2907.04, 2907.05, or 2907.06 of the Revised Code or under an existing or former law of this state, any other state, or the United States that is substantially equivalent to an offense described in those sections and the victim of the offense is the child, a sibling of the child, or another child who lived in the parent's household at the time of the offense;
(v) An offense under section 2905.32, 2907.21, or 2907.22 of the Revised Code or under an existing or former law of this state, any other state, or the United States that is substantially equivalent to the offense described in those sections and the victim of the offense is the child, a sibling of the child, or another child who lived in the parent's household at the time of the offense;
(vi) A conspiracy or attempt to commit, or complicity in committing, an offense described in division (A)(2)(a)(i), (iv), or (v) of this section.
(b) The parent from whom the child was removed has repeatedly withheld medical treatment or food from the child when the parent has the means to provide the treatment or food. If the parent has withheld medical treatment in order to treat the physical or mental illness or defect of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body, the court or agency shall comply with the requirements of division (A)(1) of this section.
(c) The parent from whom the child was removed has placed the child at substantial risk of harm two or more times due to alcohol or drug abuse and has rejected treatment two or more times or refused to participate in further treatment two or more times after a case plan issued pursuant to section 2151.412 of the Revised Code requiring treatment of the parent was journalized as part of a dispositional order issued with respect to the child or an order was issued by any other court requiring such treatment of the parent.
(d) The parent from whom the child was removed has abandoned the child.
(e) The parent from whom the child was removed has had parental rights involuntarily terminated with respect to a sibling of the child pursuant to section 2151.353, 2151.414, or 2151.415 of the Revised Code or under an existing or former law of this state, any other state, or the United States that is substantially equivalent to those sections.
(3) At any hearing in which the court determines whether to return a child to the child's home, the court may issue an order that returns the child in situations in which the conditions described in divisions (A)(2)(a) to (e) of this section are present.
(B)(1) A court that is required to make a determination as described in division (A)(1) or (2) of this section shall issue written findings of fact setting forth the reasons supporting its determination. If the court makes a written determination under division (A)(1) of this section, it shall briefly describe in the findings of fact the relevant services provided by the agency to the family of the child and why those services did not prevent the removal of the child from the child's home or enable the child to return safely home.
(2) If a court issues an order that returns the child to the child's home in situations in which division (A)(2)(a), (b), (c), (d), or (e) of this section applies, the court shall issue written findings of fact setting forth the reasons supporting its determination.
(C) If the court makes a determination pursuant to division (A)(2) of this section, the court shall conduct a review hearing pursuant to section 2151.417 of the Revised Code to approve a permanency plan with respect to the child, unless the court issues an order returning the child home pursuant to division (A)(3) of this section. The hearing to approve the permanency plan may be held immediately following the court's determination pursuant to division (A)(2) of this section and shall be held no later than thirty days following that determination.
Sec. 2151.421. (A)(1)(a) No person described in division (A)(1)(b) of this section who is acting in an official or professional capacity and knows, or has reasonable cause to suspect based on facts that would cause a reasonable person in a similar position to suspect, that a child under eighteen years of age, or a person under twenty-one years of age with a developmental disability or physical impairment, has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the child shall fail to immediately report that knowledge or reasonable cause to suspect to the entity or persons specified in this division. Except as otherwise provided in this division or section 5120.173 of the Revised Code, the person making the report shall make it to the public children services agency or a peace officer in the county in which the child resides or in which the abuse or neglect is occurring or has occurred. If the person making the report is a peace officer, the officer shall make it to the public children services agency in the county in which the child resides or in which the abuse or neglect is occurring or has occurred. In the circumstances described in section 5120.173 of the Revised Code, the person making the report shall make it to the entity specified in that section.
(b) Division (A)(1)(a) of this section applies to any person who is an attorney; health care professional; practitioner of a limited branch of medicine as specified in section 4731.15 of the Revised Code; licensed school psychologist; independent marriage and family therapist or marriage and family therapist; coroner; administrator or employee of a child day-care center; administrator or employee of a residential camp, child day camp, or private, nonprofit therapeutic wilderness camp; administrator or employee of a certified child care agency or other public or private children services agency; school teacher; school employee; school authority; peace officer; humane society agent; dog warden, deputy dog warden, or other person appointed to act as an animal control officer for a municipal corporation or township in accordance with state law, an ordinance, or a resolution; person, other than a cleric, rendering spiritual treatment through prayer in accordance with the tenets of a well-recognized religion; employee of a county department of job and family services who is a professional and who works with children and families; superintendent or regional administrator employed by the department of youth services; superintendent, board member, or employee of a county board of developmental disabilities; investigative agent contracted with by a county board of developmental disabilities; employee of the department of developmental disabilities; employee of a facility or home that provides respite care in accordance with section 5123.171 of the Revised Code; employee of an entity that provides homemaker services; employee of a qualified organization as defined in section 2151.90 of the Revised Code; a host family as defined in section 2151.90 of the Revised Code; foster caregiver; a person performing the duties of an assessor pursuant to Chapter 3107. or 5103. of the Revised Code; third party employed by a public children services agency to assist in providing child or family related services; court appointed special advocate; or guardian ad litem.
(c) If two or more health care professionals, after providing health care services to a child, determine or suspect that the child has been or is being abused or neglected, the health care professionals may designate one of the health care professionals to report the abuse or neglect. A single report made under this division shall meet the reporting requirements of division (A)(1) of this section.
(2) Except as provided in division (A)(3) of this section, an attorney or a physician is not required to make a report pursuant to division (A)(1) of this section concerning any communication the attorney or physician receives from a client or patient in an attorney-client or physician-patient relationship, if, in accordance with division (A) or (B) of section 2317.02 of the Revised Code, the attorney or physician could not testify with respect to that communication in a civil or criminal proceeding.
(3) The client or patient in an attorney-client or physician-patient relationship described in division (A)(2) of this section is deemed to have waived any testimonial privilege under division (A) or (B) of section 2317.02 of the Revised Code with respect to any communication the attorney or physician receives from the client or patient in that attorney-client or physician-patient relationship, and the attorney or physician shall make a report pursuant to division (A)(1) of this section with respect to that communication, if all of the following apply:
(a) The client or patient, at the time of the communication, is a child under eighteen years of age or is a person under twenty-one years of age with a developmental disability or physical impairment.
(b) The attorney or physician knows, or has reasonable cause to suspect based on facts that would cause a reasonable person in similar position to suspect that the client or patient has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the client or patient.
(c) The abuse or neglect does not arise out of the client's or patient's attempt to have an abortion without the notification of her parents, guardian, or custodian in accordance with section 2151.85 of the Revised Code.
(4)(a) No cleric and no person, other than a volunteer, designated by any church, religious society, or faith acting as a leader, official, or delegate on behalf of the church, religious society, or faith who is acting in an official or professional capacity, who knows, or has reasonable cause to believe based on facts that would cause a reasonable person in a similar position to believe, that a child under eighteen years of age, or a person under twenty-one years of age with a developmental disability or physical impairment, has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the child, and who knows, or has reasonable cause to believe based on facts that would cause a reasonable person in a similar position to believe, that another cleric or another person, other than a volunteer, designated by a church, religious society, or faith acting as a leader, official, or delegate on behalf of the church, religious society, or faith caused, or poses the threat of causing, the wound, injury, disability, or condition that reasonably indicates abuse or neglect shall fail to immediately report that knowledge or reasonable cause to believe to the entity or persons specified in this division. Except as provided in section 5120.173 of the Revised Code, the person making the report shall make it to the public children services agency or a peace officer in the county in which the child resides or in which the abuse or neglect is occurring or has occurred. In the circumstances described in section 5120.173 of the Revised Code, the person making the report shall make it to the entity specified in that section.
(b) Except as provided in division (A)(4)(c) of this section, a cleric is not required to make a report pursuant to division (A)(4)(a) of this section concerning any communication the cleric receives from a penitent in a cleric-penitent relationship, if, in accordance with division (C) of section 2317.02 of the Revised Code, the cleric could not testify with respect to that communication in a civil or criminal proceeding.
(c) The penitent in a cleric-penitent relationship described in division (A)(4)(b) of this section is deemed to have waived any testimonial privilege under division (C) of section 2317.02 of the Revised Code with respect to any communication the cleric receives from the penitent in that cleric-penitent relationship, and the cleric shall make a report pursuant to division (A)(4)(a) of this section with respect to that communication, if all of the following apply:
(i) The penitent, at the time of the communication, is a child under eighteen years of age or is a person under twenty-one years of age with a developmental disability or physical impairment.
(ii) The cleric knows, or has reasonable cause to believe based on facts that would cause a reasonable person in a similar position to believe, as a result of the communication or any observations made during that communication, the penitent has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the penitent.
(iii) The abuse or neglect does not arise out of the penitent's attempt to have an abortion performed upon a child under eighteen years of age or upon a person under twenty-one years of age with a developmental disability or physical impairment without the notification of her parents, guardian, or custodian in accordance with section 2151.85 of the Revised Code.
(d) Divisions (A)(4)(a) and (c) of this section do not apply in a cleric-penitent relationship when the disclosure of any communication the cleric receives from the penitent is in violation of the sacred trust.
(e) As used in divisions (A)(1) and (4) of this section, "cleric" and "sacred trust" have the same meanings as in section 2317.02 of the Revised Code.
(B) Anyone who knows, or has reasonable cause to suspect based on facts that would cause a reasonable person in similar circumstances to suspect, that a child under eighteen years of age, or a person under twenty-one years of age with a developmental disability or physical impairment, has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or other condition of a nature that reasonably indicates abuse or neglect of the child may report or cause reports to be made of that knowledge or reasonable cause to suspect to the entity or persons specified in this division. Except as provided in section 5120.173 of the Revised Code, a person making a report or causing a report to be made under this division shall make it or cause it to be made to the public children services agency or to a peace officer. In the circumstances described in section 5120.173 of the Revised Code, a person making a report or causing a report to be made under this division shall make it or cause it to be made to the entity specified in that section.
(C) Any report made pursuant to division (A) or (B) of this section shall be made forthwith either by telephone or in person and shall be followed by a written report, if requested by the receiving agency or officer. The written report shall contain:
(1) The names and addresses of the child and the child's parents or the person or persons having custody of the child, if known;
(2) The child's age and the nature and extent of the child's injuries, abuse, or neglect that is known or reasonably suspected or believed, as applicable, to have occurred or of the threat of injury, abuse, or neglect that is known or reasonably suspected or believed, as applicable, to exist, including any evidence of previous injuries, abuse, or neglect;
(3) Any other information, including, but not limited to, results and reports of any medical examinations, tests, or procedures performed under division (D) of this section, that might be helpful in establishing the cause of the injury, abuse, or neglect that is known or reasonably suspected or believed, as applicable, to have occurred or of the threat of injury, abuse, or neglect that is known or reasonably suspected or believed, as applicable, to exist.
(D)(1) Any person, who is required by division (A) of this section to report child abuse or child neglect that is known or reasonably suspected or believed to have occurred, may take or cause to be taken color photographs of areas of trauma visible on a child and, if medically necessary for the purpose of diagnosing or treating injuries that are suspected to have occurred as a result of child abuse or child neglect, perform or cause to be performed radiological examinations and any other medical examinations of, and tests or procedures on, the child.
(2) The results and any available reports of examinations, tests, or procedures made under division (D)(1) of this section shall be included in a report made pursuant to division (A) of this section. Any additional reports of examinations, tests, or procedures that become available shall be provided to the public children services agency, upon request.
(3) If a health care professional provides health care services in a hospital, children's advocacy center, or emergency medical facility to a child about whom a report has been made under division (A) of this section, the health care professional may take any steps that are reasonably necessary for the release or discharge of the child to an appropriate environment. Before the child's release or discharge, the health care professional may obtain information, or consider information obtained, from other entities or individuals that have knowledge about the child. Nothing in division (D)(3) of this section shall be construed to alter the responsibilities of any person under sections 2151.27 and 2151.31 of the Revised Code.
(4) A health care professional may conduct medical examinations, tests, or procedures on the siblings of a child about whom a report has been made under division (A) of this section and on other children who reside in the same home as the child, if the professional determines that the examinations, tests, or procedures are medically necessary to diagnose or treat the siblings or other children in order to determine whether reports under division (A) of this section are warranted with respect to such siblings or other children. The results of the examinations, tests, or procedures on the siblings and other children may be included in a report made pursuant to division (A) of this section.
(5) Medical examinations, tests, or procedures conducted under divisions (D)(1) and (4) of this section and decisions regarding the release or discharge of a child under division (D)(3) of this section do not constitute a law enforcement investigation or activity.
(E)(1) When a peace officer receives a report made pursuant to division (A) or (B) of this section, upon receipt of the report, the peace officer who receives the report shall refer the report to the appropriate public children services agency, unless an arrest is made at the time of the report that results in the appropriate public children services agency being contacted concerning the possible abuse or neglect of a child or the possible threat of abuse or neglect of a child.
(2) When a public children services agency receives a report pursuant to this division or division (A) or (B) of this section, upon receipt of the report, the public children services agency shall do both of the following:
(a) Comply with section 2151.422 of the Revised Code;
(b) If the county served by the agency is also served by a children's advocacy center and the report alleges sexual abuse of a child or another type of abuse of a child that is specified in the memorandum of understanding that creates the center as being within the center's jurisdiction, comply regarding the report with the protocol and procedures for referrals and investigations, with the coordinating activities, and with the authority or responsibility for performing or providing functions, activities, and services stipulated in the interagency agreement entered into under section 2151.428 of the Revised Code relative to that center.
(F) No peace officer shall remove a child about whom a report is made pursuant to this section from the child's parents, stepparents, or guardian or any other persons having custody of the child without consultation with the public children services agency, unless, in the judgment of the officer, and, if the report was made by physician, the physician, immediate removal is considered essential to protect the child from further abuse or neglect. The agency that must be consulted shall be the agency conducting the investigation of the report as determined pursuant to section 2151.422 of the Revised Code.
(G)(1) Except as provided in section 2151.422 of the Revised Code or in an interagency agreement entered into under section 2151.428 of the Revised Code that applies to the particular report, the public children services agency shall investigate, within twenty-four hours, each report of child abuse or child neglect that is known or reasonably suspected or believed to have occurred and of a threat of child abuse or child neglect that is known or reasonably suspected or believed to exist that is referred to it under this section to determine the circumstances surrounding the injuries, abuse, or neglect or the threat of injury, abuse, or neglect, the cause of the injuries, abuse, neglect, or threat, and the person or persons responsible. The investigation shall be made in cooperation with the law enforcement agency and in accordance with the memorandum of understanding prepared under division (K) of this section. A representative of the public children services agency shall, at the time of initial contact with the person subject to the investigation, inform the person of the specific complaints or allegations made against the person. The information shall be given in a manner that is consistent with division (I)(1) of this section and protects the rights of the person making the report under this section.
A failure to make the investigation in accordance with the memorandum is not grounds for, and shall not result in, the dismissal of any charges or complaint arising from the report or the suppression of any evidence obtained as a result of the report and does not give, and shall not be construed as giving, any rights or any grounds for appeal or post-conviction relief to any person. The public children services agency shall report each case to the uniform statewide automated child welfare information system that the department of job and family services shall maintain in accordance with section 5101.13 of the Revised Code. The public children services agency shall submit a report of its investigation, in writing, to the law enforcement agency.
(2) The public children services agency shall make any recommendations to the county prosecuting attorney or city director of law that it considers necessary to protect any children that are brought to its attention.
(H)(1)(a) Except as provided in divisions (H)(1)(b) and (I)(3) of this section, any person, health care professional, hospital, institution, school, health department, or agency shall be immune from any civil or criminal liability for injury, death, or loss to person or property that otherwise might be incurred or imposed as a result of any of the following:
(i) Participating in the making of reports pursuant to division (A) of this section or in the making of reports in good faith, pursuant to division (B) of this section;
(ii) Participating in medical examinations, tests, or procedures under division (D) of this section;
(iii) Providing information used in a report made pursuant to division (A) of this section or providing information in good faith used in a report made pursuant to division (B) of this section;
(iv) Participating in a judicial proceeding resulting from a report made pursuant to division (A) of this section or participating in good faith in a proceeding resulting from a report made pursuant to division (B) of this section.
(b) Immunity under division (H)(1)(a)(ii) of this section shall not apply when a health care provider has deviated from the standard of care applicable to the provider's profession.
(c) Notwithstanding section 4731.22 of the Revised Code, the physician-patient privilege shall not be a ground for excluding evidence regarding a child's injuries, abuse, or neglect, or the cause of the injuries, abuse, or neglect in any judicial proceeding resulting from a report submitted pursuant to this section.
(2) In any civil or criminal action or proceeding in which it is alleged and proved that participation in the making of a report under this section was not in good faith or participation in a judicial proceeding resulting from a report made under this section was not in good faith, the court shall award the prevailing party reasonable attorney's fees and costs and, if a civil action or proceeding is voluntarily dismissed, may award reasonable attorney's fees and costs to the party against whom the civil action or proceeding is brought.
(I)(1) Except as provided in divisions (I)(4) and (O) of this section and sections 2151.423 and 2151.4210 of the Revised Code, a report made under this section is confidential. The information provided in a report made pursuant to this section and the name of the person who made the report shall not be released for use, and shall not be used, as evidence in any civil action or proceeding brought against the person who made the report. Nothing in this division shall preclude the use of reports of other incidents of known or suspected abuse or neglect in a civil action or proceeding brought pursuant to division (N) of this section against a person who is alleged to have violated division (A)(1) of this section, provided that any information in a report that would identify the child who is the subject of the report or the maker of the report, if the maker of the report is not the defendant or an agent or employee of the defendant, has been redacted. In a criminal proceeding, the report is admissible in evidence in accordance with the Rules of Evidence and is subject to discovery in accordance with the Rules of Criminal Procedure.
(2)(a) Except as provided in division (I)(2)(b) of this section, no person shall permit or encourage the unauthorized dissemination of the contents of any report made under this section.
(b) A health care professional that obtains the same information contained in a report made under this section from a source other than the report may disseminate the information, if its dissemination is otherwise permitted by law.
(3)
A person who knowingly makes or causes another person to make a false
report under division (B) of this section that alleges that any
person has committed an act or omission that resulted in a child
being an abused child or a neglected child is guilty of a violation
of section 2921.14
2921.13
of
the Revised Code.
(4) If a report is made pursuant to division (A) or (B) of this section and the child who is the subject of the report dies for any reason at any time after the report is made, but before the child attains eighteen years of age, the public children services agency or peace officer to which the report was made or referred, on the request of the child fatality review board, the suicide fatality review committee, or the director of health pursuant to guidelines established under section 3701.70 of the Revised Code, shall submit a summary sheet of information providing a summary of the report to the review board or review committee of the county in which the deceased child resided at the time of death or to the director. On the request of the review board, review committee, or director, the agency or peace officer may, at its discretion, make the report available to the review board, review committee, or director. If the county served by the public children services agency is also served by a children's advocacy center and the report of alleged sexual abuse of a child or another type of abuse of a child is specified in the memorandum of understanding that creates the center as being within the center's jurisdiction, the agency or center shall perform the duties and functions specified in this division in accordance with the interagency agreement entered into under section 2151.428 of the Revised Code relative to that advocacy center.
(5) A public children services agency shall advise a person alleged to have inflicted abuse or neglect on a child who is the subject of a report made pursuant to this section, including a report alleging sexual abuse of a child or another type of abuse of a child referred to a children's advocacy center pursuant to an interagency agreement entered into under section 2151.428 of the Revised Code, in writing of the disposition of the investigation. The agency shall not provide to the person any information that identifies the person who made the report, statements of witnesses, or police or other investigative reports.
(J) Any report that is required by this section, other than a report that is made to the state highway patrol as described in section 5120.173 of the Revised Code, shall result in protective services and emergency supportive services being made available by the public children services agency on behalf of the children about whom the report is made, in an effort to prevent further neglect or abuse, to enhance their welfare, and, whenever possible, to preserve the family unit intact. The agency required to provide the services shall be the agency conducting the investigation of the report pursuant to section 2151.422 of the Revised Code.
(K)(1) Each public children services agency shall prepare a memorandum of understanding that is signed by all of the following:
(a) If there is only one juvenile judge in the county, the juvenile judge of the county or the juvenile judge's representative;
(b) If there is more than one juvenile judge in the county, a juvenile judge or the juvenile judges' representative selected by the juvenile judges or, if they are unable to do so for any reason, the juvenile judge who is senior in point of service or the senior juvenile judge's representative;
(c) The county peace officer;
(d) All chief municipal peace officers within the county;
(e) Other law enforcement officers handling child abuse and neglect cases in the county;
(f) The prosecuting attorney of the county;
(g) If the public children services agency is not the county department of job and family services, the county department of job and family services;
(h) The county humane society;
(i) If the public children services agency participated in the execution of a memorandum of understanding under section 2151.426 of the Revised Code establishing a children's advocacy center, each participating member of the children's advocacy center established by the memorandum.
(2) A memorandum of understanding shall set forth the normal operating procedure to be employed by all concerned officials in the execution of their respective responsibilities under this section and division (C) of section 2919.21, division (B)(1) of section 2919.22, division (B) of section 2919.23, and section 2919.24 of the Revised Code and shall have as two of its primary goals the elimination of all unnecessary interviews of children who are the subject of reports made pursuant to division (A) or (B) of this section and, when feasible, providing for only one interview of a child who is the subject of any report made pursuant to division (A) or (B) of this section. A failure to follow the procedure set forth in the memorandum by the concerned officials is not grounds for, and shall not result in, the dismissal of any charges or complaint arising from any reported case of abuse or neglect or the suppression of any evidence obtained as a result of any reported child abuse or child neglect and does not give, and shall not be construed as giving, any rights or any grounds for appeal or post-conviction relief to any person.
(3) A memorandum of understanding shall include all of the following:
(a) The roles and responsibilities for handling emergency and nonemergency cases of abuse and neglect;
(b) Standards and procedures to be used in handling and coordinating investigations of reported cases of child abuse and reported cases of child neglect, methods to be used in interviewing the child who is the subject of the report and who allegedly was abused or neglected, and standards and procedures addressing the categories of persons who may interview the child who is the subject of the report and who allegedly was abused or neglected.
(4) If a public children services agency participated in the execution of a memorandum of understanding under section 2151.426 of the Revised Code establishing a children's advocacy center, the agency shall incorporate the contents of that memorandum in the memorandum prepared pursuant to this section.
(5) The clerk of the court of common pleas in the county may sign the memorandum of understanding prepared under division (K)(1) of this section. If the clerk signs the memorandum of understanding, the clerk shall execute all relevant responsibilities as required of officials specified in the memorandum.
(L)(1) Except as provided in division (L)(4) or (5) of this section, a person who is required to make a report pursuant to division (A) of this section may make a reasonable number of requests of the public children services agency that receives or is referred the report, or of the children's advocacy center that is referred the report if the report is referred to a children's advocacy center pursuant to an interagency agreement entered into under section 2151.428 of the Revised Code, to be provided with the following information:
(a) Whether the agency or center has initiated an investigation of the report;
(b) Whether the agency or center is continuing to investigate the report;
(c) Whether the agency or center is otherwise involved with the child who is the subject of the report;
(d) The general status of the health and safety of the child who is the subject of the report;
(e) Whether the report has resulted in the filing of a complaint in juvenile court or of criminal charges in another court.
(2) A person may request the information specified in division (L)(1) of this section only if, at the time the report is made, the person's name, address, and telephone number are provided to the person who receives the report.
When a peace officer or employee of a public children services agency receives a report pursuant to division (A) or (B) of this section the recipient of the report shall inform the person of the right to request the information described in division (L)(1) of this section. The recipient of the report shall include in the initial child abuse or child neglect report that the person making the report was so informed and, if provided at the time of the making of the report, shall include the person's name, address, and telephone number in the report.
Each request is subject to verification of the identity of the person making the report. If that person's identity is verified, the agency shall provide the person with the information described in division (L)(1) of this section a reasonable number of times, except that the agency shall not disclose any confidential information regarding the child who is the subject of the report other than the information described in those divisions.
(3) A request made pursuant to division (L)(1) of this section is not a substitute for any report required to be made pursuant to division (A) of this section.
(4) If an agency other than the agency that received or was referred the report is conducting the investigation of the report pursuant to section 2151.422 of the Revised Code, the agency conducting the investigation shall comply with the requirements of division (L) of this section.
(5) A health care professional who made a report under division (A) of this section, or on whose behalf such a report was made as provided in division (A)(1)(c) of this section, may authorize a person to obtain the information described in division (L)(1) of this section if the person requesting the information is associated with or acting on behalf of the health care professional who provided health care services to the child about whom the report was made.
(M) The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code to implement this section. The department of job and family services may enter into a plan of cooperation with any other governmental entity to aid in ensuring that children are protected from abuse and neglect. The department shall make recommendations to the attorney general that the department determines are necessary to protect children from child abuse and child neglect.
(N) Whoever violates division (A) of this section is liable for compensatory and exemplary damages to the child who would have been the subject of the report that was not made. A person who brings a civil action or proceeding pursuant to this division against a person who is alleged to have violated division (A)(1) of this section may use in the action or proceeding reports of other incidents of known or suspected abuse or neglect, provided that any information in a report that would identify the child who is the subject of the report or the maker of the report, if the maker is not the defendant or an agent or employee of the defendant, has been redacted.
(O)(1) As used in this division:
(a) "Out-of-home care" includes a nonchartered nonpublic school if the alleged child abuse or child neglect, or alleged threat of child abuse or child neglect, described in a report received by a public children services agency allegedly occurred in or involved the nonchartered nonpublic school and the alleged perpetrator named in the report holds a certificate, permit, or license issued by the state board of education under section 3301.071 or Chapter 3319. of the Revised Code.
(b) "Administrator, director, or other chief administrative officer" means the superintendent of the school district if the out-of-home care entity subject to a report made pursuant to this section is a school operated by the district.
(2) No later than the end of the day following the day on which a public children services agency receives a report of alleged child abuse or child neglect, or a report of an alleged threat of child abuse or child neglect, that allegedly occurred in or involved an out-of-home care entity, the agency shall provide written notice of the allegations contained in and the person named as the alleged perpetrator in the report to the administrator, director, or other chief administrative officer of the out-of-home care entity that is the subject of the report unless the administrator, director, or other chief administrative officer is named as an alleged perpetrator in the report. If the administrator, director, or other chief administrative officer of an out-of-home care entity is named as an alleged perpetrator in a report of alleged child abuse or child neglect, or a report of an alleged threat of child abuse or child neglect, that allegedly occurred in or involved the out-of-home care entity, the agency shall provide the written notice to the owner or governing board of the out-of-home care entity that is the subject of the report. The agency shall not provide witness statements or police or other investigative reports.
(3) No later than three days after the day on which a public children services agency that conducted the investigation as determined pursuant to section 2151.422 of the Revised Code makes a disposition of an investigation involving a report of alleged child abuse or child neglect, or a report of an alleged threat of child abuse or child neglect, that allegedly occurred in or involved an out-of-home care entity, the agency shall send written notice of the disposition of the investigation to the administrator, director, or other chief administrative officer and the owner or governing board of the out-of-home care entity. The agency shall not provide witness statements or police or other investigative reports.
(P) As used in this section:
(1) "Children's advocacy center" and "sexual abuse of a child" have the same meanings as in section 2151.425 of the Revised Code.
(2) "Health care professional" means an individual who provides health-related services including a physician, hospital intern or resident, dentist, podiatrist, registered nurse, licensed practical nurse, visiting nurse, licensed psychologist, speech pathologist, audiologist, person engaged in social work or the practice of professional counseling, and employee of a home health agency. "Health care professional" does not include a practitioner of a limited branch of medicine as specified in section 4731.15 of the Revised Code, licensed school psychologist, independent marriage and family therapist or marriage and family therapist, or coroner.
(3) "Investigation" means the public children services agency's response to an accepted report of child abuse or neglect through either an alternative response or a traditional response.
(4) "Peace officer" means a sheriff, deputy sheriff, constable, police officer of a township or joint police district, marshal, deputy marshal, municipal police officer, or a state highway patrol trooper.
Sec. 2152.02. As used in this chapter:
(A) "Act charged" means the act that is identified in a complaint, indictment, or information alleging that a child is a delinquent child.
(B) "Admitted to a department of youth services facility" includes admission to a facility operated, or contracted for, by the department and admission to a comparable facility outside this state by another state or the United States.
(C)(1) "Child" means a person who is under eighteen years of age, except as otherwise provided in divisions (C)(2) to (8) of this section.
(2) Subject to division (C)(3) of this section, any person who violates a federal or state law or a municipal ordinance prior to attaining eighteen years of age shall be deemed a "child" irrespective of that person's age at the time the complaint with respect to that violation is filed or the hearing on the complaint is held.
(3) Any person who, while under eighteen years of age, commits an act that would be a felony if committed by an adult and who is not taken into custody or apprehended for that act until after the person attains twenty-one years of age is not a child in relation to that act.
(4) Except as otherwise provided in divisions (C)(5) and (7) of this section, any person whose case is transferred for criminal prosecution pursuant to section 2152.12 of the Revised Code shall be deemed after the transfer not to be a child in the transferred case.
(5) Any person whose case is transferred for criminal prosecution pursuant to section 2152.12 of the Revised Code and who subsequently is convicted of or pleads guilty to a felony in that case, unless a serious youthful offender dispositional sentence is imposed on the child for that offense under division (B)(2) or (3) of section 2152.121 of the Revised Code and the adult portion of that sentence is not invoked pursuant to section 2152.14 of the Revised Code, and any person who is adjudicated a delinquent child for the commission of an act, who has a serious youthful offender dispositional sentence imposed for the act pursuant to section 2152.13 of the Revised Code, and whose adult portion of the dispositional sentence is invoked pursuant to section 2152.14 of the Revised Code, shall be deemed after the conviction, plea, or invocation not to be a child in any case in which a complaint is filed against the person.
(6) The juvenile court has jurisdiction over a person who is adjudicated a delinquent child or juvenile traffic offender prior to attaining eighteen years of age until the person attains twenty-one years of age, and, for purposes of that jurisdiction related to that adjudication, except as otherwise provided in this division, a person who is so adjudicated a delinquent child or juvenile traffic offender shall be deemed a "child" until the person attains twenty-one years of age. If a person is so adjudicated a delinquent child or juvenile traffic offender and the court makes a disposition of the person under this chapter, at any time after the person attains twenty-one years of age, the places at which the person may be held under that disposition are not limited to places authorized under this chapter solely for confinement of children, and the person may be confined under that disposition, in accordance with division (F)(2) of section 2152.26 of the Revised Code, in places other than those authorized under this chapter solely for confinement of children.
(7) The juvenile court has jurisdiction over any person whose case is transferred for criminal prosecution solely for the purpose of detaining the person as authorized in division (F)(1) or (4) of section 2152.26 of the Revised Code unless the person is convicted of or pleads guilty to a felony in the adult court.
(8) Any person who, while eighteen years of age, violates division (A)(1) or (2) of section 2919.27 of the Revised Code by violating a protection order issued or consent agreement approved under section 2151.34 or 3113.31 of the Revised Code shall be considered a child for the purposes of that violation of section 2919.27 of the Revised Code.
(D) "Community corrections facility," "public safety beds," "release authority," and "supervised release" have the same meanings as in section 5139.01 of the Revised Code.
(E) "Delinquent child" includes any of the following:
(1) Any child, except a juvenile traffic offender, who violates any law of this state or the United States, or any ordinance of a political subdivision of the state, that would be an offense if committed by an adult;
(2) Any child who violates any lawful order of the court made under this chapter, including a child who violates a court order regarding the child's prior adjudication as an unruly child for being an habitual truant;
(3) Any child who violates any lawful order of the court made under Chapter 2151. of the Revised Code other than an order issued under section 2151.87 of the Revised Code;
(4) Any child who violates division (C) of section 2907.39, division (A) of section 2923.211, or division (C)(1) or (D) of section 2925.55 of the Revised Code.
(F) "Discretionary serious youthful offender" means a person who is eligible for a discretionary SYO and who is not transferred to adult court under a mandatory or discretionary transfer.
(G) "Discretionary SYO" means a case in which the juvenile court, in the juvenile court's discretion, may impose a serious youthful offender disposition under section 2152.13 of the Revised Code.
(H) "Discretionary transfer" means that the juvenile court has discretion to transfer a case for criminal prosecution under division (B) of section 2152.12 of the Revised Code.
(I) "Drug abuse offense," "felony drug abuse offense," and "minor drug possession offense" have the same meanings as in section 2925.01 of the Revised Code.
(J) "Electronic monitoring" and "electronic monitoring device" have the same meanings as in section 2929.01 of the Revised Code.
(K) "Economic loss" means any economic detriment suffered by a victim of a delinquent act or juvenile traffic offense as a direct and proximate result of the delinquent act or juvenile traffic offense and includes any loss of income due to lost time at work because of any injury caused to the victim and any property loss, medical cost, or funeral expense incurred as a result of the delinquent act or juvenile traffic offense. "Economic loss" does not include non-economic loss or any punitive or exemplary damages.
(L) "Firearm" has the same meaning as in section 2923.11 of the Revised Code.
(M) "Intellectual disability" has the same meaning as in section 5123.01 of the Revised Code.
(N) "Juvenile traffic offender" means any child who violates any traffic law, traffic ordinance, or traffic regulation of this state, the United States, or any political subdivision of this state, other than a resolution, ordinance, or regulation of a political subdivision of this state the violation of which is required to be handled by a parking violations bureau or a joint parking violations bureau pursuant to Chapter 4521. of the Revised Code.
(O) A "legitimate excuse for absence from the public school the child is supposed to attend" has the same meaning as in section 2151.011 of the Revised Code.
(P) "Mandatory serious youthful offender" means a person who is eligible for a mandatory SYO and who is not transferred to adult court under a mandatory or discretionary transfer and also includes, for purposes of imposition of a mandatory serious youthful dispositional sentence under section 2152.13 of the Revised Code, a person upon whom a juvenile court is required to impose such a sentence under division (B)(3) of section 2152.121 of the Revised Code.
(Q) "Mandatory SYO" means a case in which the juvenile court is required to impose a mandatory serious youthful offender disposition under section 2152.13 of the Revised Code.
(R) "Mandatory transfer" means that a case is required to be transferred for criminal prosecution under division (A) of section 2152.12 of the Revised Code.
(S) "Mental illness" has the same meaning as in section 5122.01 of the Revised Code.
(T) "Monitored time" and "repeat violent offender" have the same meanings as in section 2929.01 of the Revised Code.
(U) "Of compulsory school age" has the same meaning as in section 3321.01 of the Revised Code.
(V) "Public record" has the same meaning as in section 149.43 of the Revised Code.
(W) "Serious youthful offender" means a person who is eligible for a mandatory SYO or discretionary SYO but who is not transferred to adult court under a mandatory or discretionary transfer and also includes, for purposes of imposition of a mandatory serious youthful dispositional sentence under section 2152.13 of the Revised Code, a person upon whom a juvenile court is required to impose such a sentence under division (B)(3) of section 2152.121 of the Revised Code.
(X) "Sexually oriented offense," "juvenile offender registrant," "child-victim oriented offense," "tier I sex offender/child-victim offender," "tier II sex offender/child-victim offender," "tier III sex offender/child-victim offender," and "public registry-qualified juvenile offender registrant" have the same meanings as in section 2950.01 of the Revised Code.
(Y) "Traditional juvenile" means a case that is not transferred to adult court under a mandatory or discretionary transfer, that is eligible for a disposition under sections 2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and that is not eligible for a disposition under section 2152.13 of the Revised Code.
(Z) "Transfer" means the transfer for criminal prosecution of a case involving the alleged commission by a child of an act that would be an offense if committed by an adult from the juvenile court to the appropriate court that has jurisdiction of the offense.
(AA) "Category one offense" means any of the following:
(1) A violation of section 2903.01 or 2903.02 of the Revised Code;
(2) A violation of section 2923.02 of the Revised Code involving an attempt to commit aggravated murder or murder.
(BB) "Category two offense" means any of the following:
(1)
A violation of section 2903.03, 2905.01, 2907.011,
2907.02,
2909.02, 2911.01, or 2911.11
2911.03
of
the Revised Code;
(2) A violation of section 2903.04 of the Revised Code that is a felony of the first degree;
(3) A violation of section 2907.12 of the Revised Code as it existed prior to September 3, 1996.
(CC) "Non-economic loss" means nonpecuniary harm suffered by a victim of a delinquent act or juvenile traffic offense as a result of or related to the delinquent act or juvenile traffic offense, including, but not limited to, pain and suffering; loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education; mental anguish; and any other intangible loss.
Sec. 2152.021. (A)(1) Subject to division (A)(2) of this section, any person having knowledge of a child who appears to be a juvenile traffic offender or to be a delinquent child may file a sworn complaint with respect to that child in the juvenile court of the county in which the child has a residence or legal settlement or in which the traffic offense or delinquent act allegedly occurred. The sworn complaint may be upon information and belief, and, in addition to the allegation that the child is a delinquent child or a juvenile traffic offender, the complaint shall allege the particular facts upon which the allegation that the child is a delinquent child or a juvenile traffic offender is based.
If a child appears to be a delinquent child who is eligible for a serious youthful offender dispositional sentence under section 2152.11 of the Revised Code and if the prosecuting attorney desires to seek a serious youthful offender dispositional sentence under section 2152.13 of the Revised Code in regard to the child, the prosecuting attorney of the county in which the alleged delinquency occurs may initiate a case in the juvenile court of the county by presenting the case to a grand jury for indictment, by charging the child in a bill of information as a serious youthful offender pursuant to section 2152.13 of the Revised Code, by requesting a serious youthful offender dispositional sentence in the original complaint alleging that the child is a delinquent child, or by filing with the juvenile court a written notice of intent to seek a serious youthful offender dispositional sentence. This paragraph does not apply regarding the imposition of a serious youthful offender dispositional sentence pursuant to section 2152.121 of the Revised Code.
(2) Any person having knowledge of a child who appears to be a delinquent child for violating a court order regarding the child's adjudication as an unruly child for being an habitual truant, may file a sworn complaint with respect to that child, or with respect to that child and the parent, guardian, or other person having care of the child, in the juvenile court of the county in which the child has a residence or legal settlement or in which the child is supposed to attend public school. The sworn complaint may be upon information and belief and shall allege that the child is a delinquent child for violating a court order regarding the child's prior adjudication as an unruly child for being a habitual truant and, in addition, the particular facts upon which that allegation is based. If the complaint contains allegations regarding the child's parent, guardian, or other person having care of the child, the complaint additionally shall allege that the parent, guardian, or other person having care of the child has failed to cause the child's attendance at school in violation of section 3321.38 of the Revised Code and, in addition, the particular facts upon which that allegation is based.
(B) Any person with standing under applicable law may file a complaint for the determination of any other matter over which the juvenile court is given jurisdiction by section 2151.23 of the Revised Code. The complaint shall be filed in the county in which the child who is the subject of the complaint is found or was last known to be found.
(C) Within ten days after the filing of a complaint or the issuance of an indictment, the court shall give written notice of the filing of the complaint or the issuance of an indictment and of the substance of the complaint or indictment to the superintendent of a city, local, exempted village, or joint vocational school district if the complaint or indictment alleges that a child committed an act that would be a criminal offense if committed by an adult, that the child was sixteen years of age or older at the time of the commission of the alleged act, and that the alleged act is any of the following:
(1) A violation of section 2923.122 of the Revised Code that relates to property owned or controlled by, or to an activity held under the auspices of, the board of education of that school district;
(2) A violation of section 2923.12 of the Revised Code, of a substantially similar municipal ordinance, or of section 2925.03 of the Revised Code that was committed on property owned or controlled by, or at an activity held under the auspices of, the board of education of that school district;
(3) A violation of section 2925.11 of the Revised Code that was committed on property owned or controlled by, or at an activity held under the auspices of, the board of education of that school district, other than a violation of that section that would be a minor drug possession offense if committed by an adult;
(4) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2907.011, 2907.02, or 2907.05 of the Revised Code, or a violation of former section 2907.12 of the Revised Code, that was committed on property owned or controlled by, or at an activity held under the auspices of, the board of education of that school district, if the victim at the time of the commission of the alleged act was an employee of the board of education of that school district;
(5) Complicity in any violation described in division (C)(1), (2), (3), or (4) of this section that was alleged to have been committed in the manner described in division (C)(1), (2), (3), or (4) of this section, regardless of whether the act of complicity was committed on property owned or controlled by, or at an activity held under the auspices of, the board of education of that school district.
(D) A public children services agency, acting pursuant to a complaint or an action on a complaint filed under this section, is not subject to the requirements of section 3127.23 of the Revised Code.
(E) For purposes of the record to be maintained by the clerk under division (B) of section 2152.71 of the Revised Code, when a complaint is filed that alleges that a child is a delinquent child, the court shall determine if the victim of the alleged delinquent act was sixty-five years of age or older or permanently and totally disabled at the time of the alleged commission of the act.
(F)(1) At any time after the filing of a complaint alleging that a child is a delinquent child and before adjudication, the court shall promptly appoint for the child a guardian ad litem who is not the child's attorney if the court has reason to believe that either of the following might apply:
(a) The act charged would be a violation of section 2907.24, 2907.241, or 2907.25 of the Revised Code if the child were an adult.
(b) The child is a victim of a violation of section 2905.32 of the Revised Code, regardless of whether any person has been convicted of a violation of that section or of any other section for victimizing the child.
(2) The child, the child's attorney, the child's guardian ad litem, or the prosecuting attorney may petition the court to hold the complaint in abeyance if either of the following applies:
(a) Division (F)(1)(a) of this section applies.
(b) Division (F)(1)(b) of this section applies and the act charged in the complaint is related to the child's victimization.
(3)(a) Upon the filing of a petition made under division (F)(2)(a) of this section, the court may grant the petition without a hearing. If the court decides to hold a hearing on the petition, the court shall notify the prosecuting attorney of the date, time, and location of the hearing, and the prosecuting attorney has the right to participate in the hearing and may object to holding the complaint in abeyance. No statement made by a child at a hearing held under this division is admissible in any subsequent proceeding against the child.
(b) Upon the filing of a petition made under division (F)(2)(b) of this section, both of the following apply:
(i) The court may grant the petition without a hearing, provided the prosecuting attorney, after receiving notice of the petition, consents.
(ii) If the prosecuting attorney does not consent to holding the complaint in abeyance, the court shall hold a hearing to determine whether to hold the complaint in abeyance. The prosecuting attorney shall be notified of the date, time, and location of the hearing, and has the right to participate in the hearing. No statement made by a child at a hearing held under this division is admissible in any subsequent proceeding against the child.
(4) If the court decides to hold a hearing under division (F)(3)(a) of this section and the court after the hearing finds by a preponderance of the evidence that division (F)(1)(a) of this section applies, if after a hearing held under division (F)(3)(b)(ii) of this section the court finds by a preponderance of the evidence that division (F)(1)(b) of this section applies and the act charged in the complaint is related to the child's victimization, or if the court grants the petition without a hearing under division (F)(3)(a) or (b)(i) of this section, the court shall hold the complaint in abeyance, provided the child consents. The guardian ad litem shall make recommendations that are in the best interest of the child. A psychiatrist, psychologist, licensed professional clinical counselor, or other clinician selected by the court, who has assessed the child, may make recommendations that are in the best interest of the child. The prosecuting attorney or the child's attorney may make recommendations related to diversion actions. The court may make any orders regarding placement, services, supervision, diversion actions, and conditions of abeyance, including, but not limited to, engagement in trauma-based behavioral health services or education activities, that the court considers appropriate and in the best interest of the child. The court may hold the complaint in abeyance for up to ninety days while the child engages in diversion actions. If the child violates the conditions of abeyance or is not actively engaging in the diversion actions to the court's satisfaction within ninety days, the court may extend the period of abeyance for not more than three additional ninety-day periods.
(5) If the court holds the complaint in abeyance and the child complies with the conditions of abeyance and actively engages in the diversion actions to the court's satisfaction, the court shall dismiss the complaint and order that the records pertaining to the case be expunged immediately. If the child fails to actively engage in the diversion actions to the court's satisfaction, the court shall proceed upon the complaint.
Sec. 2152.16. (A)(1) If a child is adjudicated a delinquent child for committing an act that would be a felony if committed by an adult, the juvenile court may commit the child to the legal custody of the department of youth services for secure confinement as follows:
(a) For an act that would be aggravated murder or murder if committed by an adult, until the offender attains twenty-one years of age;
(b) For a violation of section 2923.02 of the Revised Code that involves an attempt to commit an act that would be aggravated murder or murder if committed by an adult, a minimum period of six to seven years as prescribed by the court and a maximum period not to exceed the child's attainment of twenty-one years of age;
(c) For a violation of section 2903.03, 2905.01, 2909.02, or 2911.01 or division (A) of section 2903.04 of the Revised Code or for a violation of any provision of section 2907.011 or 2907.02 of the Revised Code other than division (A)(1)(b) of that section when the sexual conduct or insertion involved was consensual and when the victim of the violation of division (A)(1)(b) of that section was older than the delinquent child, was the same age as the delinquent child, or was less than three years younger than the delinquent child, for an indefinite term consisting of a minimum period of one to three years, as prescribed by the court, and a maximum period not to exceed the child's attainment of twenty-one years of age;
(d) If the child is adjudicated a delinquent child for committing an act that is not described in division (A)(1)(b) or (c) of this section and that would be a felony of the first or second degree if committed by an adult, for an indefinite term consisting of a minimum period of one year and a maximum period not to exceed the child's attainment of twenty-one years of age.
(e) For committing an act that would be a felony of the third, fourth, or fifth degree if committed by an adult or for a violation of division (A) of section 2923.211 of the Revised Code, for an indefinite term consisting of a minimum period of six months and a maximum period not to exceed the child's attainment of twenty-one years of age.
(2) In each case in which a court makes a disposition under this section, the court retains control over the commitment for the minimum period specified by the court in divisions (A)(1)(a) to (e) of this section. During the minimum period, the department of youth services shall not move the child to a nonsecure setting without the permission of the court that imposed the disposition.
(B)(1) Subject to division (B)(2) of this section, if a delinquent child is committed to the department of youth services under this section, the department may release the child at any time after the minimum period specified by the court in division (A)(1) of this section ends.
(2) A commitment under this section is subject to a supervised release or to a discharge of the child from the custody of the department for medical reasons pursuant to section 5139.54 of the Revised Code, but, during the minimum period specified by the court in division (A)(1) of this section, the department shall obtain court approval of a supervised release or discharge under that section.
(C) If a child is adjudicated a delinquent child, at the dispositional hearing and prior to making any disposition pursuant to this section, the court shall determine whether the delinquent child previously has been adjudicated a delinquent child for a violation of a law or ordinance. If the delinquent child previously has been adjudicated a delinquent child for a violation of a law or ordinance, the court, for purposes of entering an order of disposition of the delinquent child under this section, shall consider the previous delinquent child adjudication as a conviction of a violation of the law or ordinance in determining the degree of the offense the current act would be had it been committed by an adult. This division also shall apply in relation to the imposition of any financial sanction under section 2152.19 of the Revised Code.
Sec. 2152.201. (A) In addition to any other dispositions authorized or required by this chapter, the juvenile court making disposition of a child adjudicated a delinquent child for committing a violation of section 2909.22, 2909.23, or 2909.24 of the Revised Code or a violation of section 2921.32 of the Revised Code when the offense or act committed by the person aided or to be aided as described in that section is an act of terrorism may order the child to pay to the state, municipal, or county law enforcement agencies that handled the investigation and prosecution all of the costs that the state, municipal corporation, or county reasonably incurred in the investigation and prosecution of the violation. The court shall hold a hearing to determine the amount of costs to be imposed under this section. The court may hold the hearing as part of the dispositional hearing for the child.
(B) If a child is adjudicated a delinquent child for committing a violation of section 2909.23 or 2909.24 of the Revised Code and if any political subdivision incurred any response costs as a result of, or in making any response to, the threat of the specified offense involved in the violation of section 2909.23 of the Revised Code or the actual specified offense involved in the violation of section 2909.24 of the Revised Code, in addition to any other dispositions authorized or required by this chapter, the juvenile court making disposition of the child for the violation may order the child to reimburse the involved political subdivision for the response costs it so incurred.
(C)
As used in this section, "response costs" and "act of
terrorism" have the same meanings as in section 2909.21
2909.01
of
the Revised Code.
Sec. 2152.71. (A)(1) The juvenile court shall maintain records of all official cases brought before it, including, but not limited to, an appearance docket, a journal, and, in cases pertaining to an alleged delinquent child, arrest and custody records, complaints, journal entries, and hearing summaries. The court shall maintain a separate docket for traffic cases and shall record all traffic cases on the separate docket instead of on the general appearance docket. The parents, guardian, or other custodian of any child affected, if they are living, or the nearest of kin of the child, if the parents are deceased, may inspect these records, either in person or by counsel, during the hours in which the court is open. Division (A)(1) of this section does not require the release or authorize the inspection of arrest or incident reports, law enforcement investigatory reports or records, or witness statements.
(2) The juvenile court shall send to the superintendent of the bureau of criminal identification and investigation, pursuant to section 109.57 of the Revised Code, a weekly report containing a summary of each case that has come before it and that involves the disposition of a child who is a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult.
(B) The clerk of the court shall maintain a statistical record that includes all of the following:
(1) The number of complaints that are filed with, or indictments or information made to, the court that allege that a child is a delinquent child, in relation to which the court determines under division (D) of section 2151.27 of the Revised Code that the victim of the alleged delinquent act was sixty-five years of age or older or permanently and totally disabled at the time of the alleged commission of the act;
(2) The number of complaints, indictments, or information described in division (B)(1) of this section that result in the child being adjudicated a delinquent child;
(3)
The number of complaints, indictments, or information described in
division (B)(2) of this section in which the act upon which the
delinquent child adjudication is based caused property damage or
would be a theft offense, as defined in division (K)(A)(11)
of
section 2913.01 of the Revised Code, if committed by an adult;
(4) The number of complaints, indictments, or information described in division (B)(3) of this section that result in the delinquent child being required as an order of disposition made under division (A) of section 2152.20 of the Revised Code to make restitution for all or part of the property damage caused by the child's delinquent act or for all or part of the value of the property that was the subject of the delinquent act that would be a theft offense if committed by an adult;
(5) The number of complaints, indictments, or information described in division (B)(2) of this section in which the act upon which the delinquent child adjudication is based would have been an offense of violence if committed by an adult;
(6) The number of complaints, indictments, or information described in division (B)(5) of this section that result in the delinquent child being committed as an order of disposition made under section 2152.16, divisions (A) and (B) of section 2152.17, or division (A)(2) of section 2152.19 of the Revised Code to any facility for delinquent children operated by the county, a district, or a private agency or organization or to the department of youth services;
(7) The number of complaints, indictments, or information described in division (B)(1) of this section that result in the case being transferred for criminal prosecution to an appropriate court having jurisdiction of the offense under section 2152.12 of the Revised Code.
(C) The clerk of the court shall compile an annual summary covering the preceding calendar year showing all of the information for that year contained in the statistical record maintained under division (B) of this section. The statistical record and the annual summary shall be public records open for inspection. Neither the statistical record nor the annual summary shall include the identity of any party to a case.
(D) Not later than June of each year, the court shall prepare an annual report covering the preceding calendar year showing the number and kinds of cases that have come before it, the disposition of the cases, and any other data pertaining to the work of the court that the juvenile judge directs. The court shall file copies of the report with the board of county commissioners. With the approval of the board, the court may print or cause to be printed copies of the report for distribution to persons and agencies interested in the court or community program for dependent, neglected, abused, or delinquent children and juvenile traffic offenders. The court shall include the number of copies ordered printed and the estimated cost of each printed copy on each copy of the report printed for distribution.
(E) If an officer is preparing pursuant to section 2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 a presentence investigation report pertaining to a person, the court shall make available to the officer, for use in preparing the report, any records it possesses regarding any adjudications of that person as a delinquent child or regarding the dispositions made relative to those adjudications. The records to be made available pursuant to this division include, but are not limited to, any social history or report of a mental or physical examination regarding the person that was prepared pursuant to Juvenile Rule 32.
Sec. 2152.72. (A) This section applies only to a child who is or previously has been adjudicated a delinquent child for an act to which any of the following applies:
(1) The act is a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.011, 2907.02, 2907.03, or 2907.05 of the Revised Code.
(2) The act is a violation of section 2923.01 of the Revised Code and involved an attempt to commit aggravated murder or murder.
(3) The act would be a felony if committed by an adult, and the court determined that the child, if an adult, would be guilty of a specification found in section 2941.141, 2941.144, or 2941.145 of the Revised Code or in another section of the Revised Code that relates to the possession or use of a firearm during the commission of the act for which the child was adjudicated a delinquent child.
(4) The act would be an offense of violence that is a felony if committed by an adult, and the court determined that the child, if an adult, would be guilty of a specification found in section 2941.1411 of the Revised Code or in another section of the Revised Code that relates to the wearing or carrying of body armor during the commission of the act for which the child was adjudicated a delinquent child.
(B)(1) Except as provided in division (E) of this section, a public children services agency, private child placing agency, private noncustodial agency, or court, the department of youth services, or another private or government entity shall not place a child in a certified foster home or for adoption until it provides the foster caregivers or prospective adoptive parents with all of the following:
(a) A written report describing the child's social history;
(b) A written report describing all the acts committed by the child the entity knows of that resulted in the child being adjudicated a delinquent child and the disposition made by the court, unless the records pertaining to the acts have been sealed pursuant to section 2151.356 of the Revised Code;
(c) A written report describing any other violent act committed by the child of which the entity is aware;
(d) The substantial and material conclusions and recommendations of any psychiatric or psychological examination conducted on the child or, if no psychological or psychiatric examination of the child is available, the substantial and material conclusions and recommendations of an examination to detect mental and emotional disorders conducted in compliance with the requirements of Chapter 4757. of the Revised Code by an independent social worker, social worker, licensed professional clinical counselor, licensed professional counselor, independent marriage and family therapist, or marriage and family therapist licensed under that chapter. The entity shall not provide any part of a psychological, psychiatric, or mental and emotional disorder examination to the foster caregivers or prospective adoptive parents other than the substantial and material conclusions.
(2) Notwithstanding sections 2151.356 to 2151.358 of the Revised Code, if records of an adjudication that a child is a delinquent child have been sealed pursuant to those sections and an entity knows the records have been sealed, the entity shall provide the foster caregivers or prospective adoptive parents a written statement that the records of a prior adjudication have been sealed.
(C)(1) The entity that places the child in a certified foster home or for adoption shall conduct a psychological examination of the child unless either of the following applies:
(a) An entity is not required to conduct the examination if an examination was conducted no more than one year prior to the child's placement, and division (C)(1)(b) of this section does not apply.
(b) An entity is not required to conduct the examination if a foster caregiver seeks to adopt the foster caregiver's foster child, and an examination was conducted no more than two years prior to the date the foster caregiver seeks to adopt the child.
(2) No later than sixty days after placing the child, the entity shall provide the foster caregiver or prospective adoptive parents a written report detailing the substantial and material conclusions and recommendations of the examination conducted pursuant to this division.
(D)(1) Except as provided in divisions (D)(2) and (3) of this section, the expenses of conducting the examinations and preparing the reports and assessment required by division (B) or (C) of this section shall be paid by the entity that places the child in the certified foster home or for adoption.
(2) When a juvenile court grants temporary or permanent custody of a child pursuant to any section of the Revised Code, including section 2151.33, 2151.353, 2151.354, or 2152.19 of the Revised Code, to a public children services agency or private child placing agency, the court shall provide the agency the information described in division (B) of this section, pay the expenses of preparing that information, and, if a new examination is required to be conducted, pay the expenses of conducting the examination described in division (C) of this section. On receipt of the information described in division (B) of this section, the agency shall provide to the court written acknowledgment that the agency received the information. The court shall keep the acknowledgment and provide a copy to the agency. On the motion of the agency, the court may terminate the order granting temporary or permanent custody of the child to that agency, if the court does not provide the information described in division (B) of this section.
(3) If one of the following entities is placing a child in a certified foster home or for adoption with the assistance of or by contracting with a public children services agency, private child placing agency, or a private noncustodial agency, the entity shall provide the agency with the information described in division (B) of this section, pay the expenses of preparing that information, and, if a new examination is required to be conducted, pay the expenses of conducting the examination described in division (C) of this section:
(a) The department of youth services if the placement is pursuant to any section of the Revised Code including section 2152.22, 5139.06, 5139.07, 5139.38, or 5139.39 of the Revised Code;
(b) A juvenile court with temporary or permanent custody of a child pursuant to section 2151.354 or 2152.19 of the Revised Code;
(c) A public children services agency or private child placing agency with temporary or permanent custody of the child.
The agency receiving the information described in division (B) of this section shall provide the entity described in divisions (D)(3)(a) to (c) of this section that sent the information written acknowledgment that the agency received the information and provided it to the foster caregivers or prospective adoptive parents. The entity shall keep the acknowledgment and provide a copy to the agency. An entity that places a child in a certified foster home or for adoption with the assistance of or by contracting with an agency remains responsible to provide the information described in division (B) of this section to the foster caregivers or prospective adoptive parents unless the entity receives written acknowledgment that the agency provided the information.
(E) If a child is placed in a certified foster home as a result of an emergency removal of the child from home pursuant to division (D) of section 2151.31 of the Revised Code, an emergency change in the child's case plan pursuant to division (F)(3) of section 2151.412 of the Revised Code, or an emergency placement by the department of youth services pursuant to this chapter or Chapter 5139. of the Revised Code, the entity that places the child in the certified foster home shall provide the information described in division (B) of this section no later than ninety-six hours after the child is placed in the certified foster home.
(F) On receipt of the information described in divisions (B) and (C) of this section, the foster caregiver or prospective adoptive parents shall provide to the entity that places the child in the foster caregiver's or prospective adoptive parents' home a written acknowledgment that the foster caregiver or prospective adoptive parents received the information. The entity shall keep the acknowledgment and provide a copy to the foster caregiver or prospective adoptive parents.
(G) No person employed by an entity subject to this section and made responsible by that entity for the child's placement in a certified foster home or for adoption shall fail to provide the foster caregivers or prospective adoptive parents with the information required by divisions (B) and (C) of this section.
(H) It is not a violation of any duty of confidentiality provided for in the Revised Code or a code of professional responsibility for a person or government entity to provide the substantial and material conclusions and recommendations of a psychiatric or psychological examination, or an examination to detect mental and emotional disorders, in accordance with division (B)(1)(d) or (C) of this section.
(I) As used in this section:
(1) "Body armor" has the same meaning as in section 2941.1411 of the Revised Code.
(2) "Firearm" has the same meaning as in section 2923.11 of the Revised Code.
Sec. 2152.74. (A) As used in this section, "DNA analysis" and "DNA specimen" have the same meanings as in section 109.573 of the Revised Code.
(B)(1) A child who is adjudicated a delinquent child for committing an act listed in division (D) of this section and who is committed to the custody of the department of youth services, placed in a detention facility or district detention facility pursuant to division (A)(3) of section 2152.19 of the Revised Code, or placed in a school, camp, institution, or other facility for delinquent children described in division (A)(2) of section 2152.19 of the Revised Code shall submit to a DNA specimen collection procedure administered by the director of youth services if committed to the department or by the chief administrative officer of the detention facility, district detention facility, school, camp, institution, or other facility for delinquent children to which the child was committed or in which the child was placed. If the court commits the child to the department of youth services, the director of youth services shall cause the DNA specimen to be collected from the child during the intake process at an institution operated by or under the control of the department. If the court commits the child to or places the child in a detention facility, district detention facility, school, camp, institution, or other facility for delinquent children, the chief administrative officer of the detention facility, district detention facility, school, camp, institution, or facility to which the child is committed or in which the child is placed shall cause the DNA specimen to be collected from the child during the intake process for the detention facility, district detention facility, school, camp, institution, or facility. The DNA specimen shall be collected from the child in accordance with division (C) of this section.
(2) If a child is adjudicated a delinquent child for committing an act listed in division (D) of this section, is committed to or placed in the department of youth services, a detention facility or district detention facility, or a school, camp, institution, or other facility for delinquent children, and does not submit to a DNA specimen collection procedure pursuant to division (B)(1) of this section, prior to the child's release from the custody of the department of youth services, from the custody of the detention facility or district detention facility, or from the custody of the school, camp, institution, or facility, the child shall submit to, and the director of youth services or the chief administrator of the detention facility, district detention facility, school, camp, institution, or facility to which the child is committed or in which the child was placed shall administer, a DNA specimen collection procedure at the institution operated by or under the control of the department of youth services or at the detention facility, district detention facility, school, camp, institution, or facility to which the child is committed or in which the child was placed. The DNA specimen shall be collected in accordance with division (C) of this section.
(3) If a child is adjudicated a delinquent child for committing an act listed in division (D) of this section, is not committed to or placed in the department of youth services, a detention facility or district detention facility, or a school, camp, institution, or other facility for delinquent children described in division (A)(2) or (3) of section 2152.19 of the Revised Code, and does not provide a DNA specimen pursuant to division (B)(1) or (2) of this section, the juvenile court shall order the child to report to the county probation department immediately after disposition to submit to a DNA specimen collection procedure administered by the chief administrative officer of the county probation department. The DNA specimen shall be collected from the child in accordance with division (C) of this section.
(C) If the DNA specimen is collected by withdrawing blood from the child or a similarly invasive procedure, a physician, registered nurse, licensed practical nurse, duly licensed clinical laboratory technician, or other qualified medical practitioner shall collect in a medically approved manner the DNA specimen required to be collected pursuant to division (B) of this section. If the DNA specimen is collected by swabbing for buccal cells or a similarly noninvasive procedure, this section does not require that the DNA specimen be collected by a qualified medical practitioner of that nature. No later than fifteen days after the date of the collection of the DNA specimen, the director of youth services or the chief administrative officer of the detention facility, district detention facility, school, camp, institution, or other facility for delinquent children to which the child is committed or in which the child was placed shall cause the DNA specimen to be forwarded to the bureau of criminal identification and investigation in accordance with procedures established by the superintendent of the bureau under division (H) of section 109.573 of the Revised Code. The bureau shall provide the specimen vials, mailing tubes, labels, postage, and instruction needed for the collection and forwarding of the DNA specimen to the bureau.
(D) The director of youth services and the chief administrative officer of a detention facility, district detention facility, school, camp, institution, or other facility for delinquent children shall cause a DNA specimen to be collected in accordance with divisions (B) and (C) of this section from each child in its custody who is adjudicated a delinquent child for committing any of the following acts:
(1) An act that would be a felony if committed by an adult;
(2)
A violation of any law that would be a misdemeanor if committed by an
adult and that arose out of the same facts and circumstances and same
act as did a charge against the child of a violation of section
2903.01, 2903.02, 2905.01, 2907.011,
2907.02,
2907.03, 2907.05, or 2911.11
2911.03
of
the Revised Code that previously was dismissed or amended or as did a
charge against the child of a violation of section 2907.12 of the
Revised Code as it existed prior to September 3, 1996, that
previously was dismissed or amended;
(3) A violation of section 2919.23 of the Revised Code that would be a misdemeanor if committed by an adult and that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date;
(4) A violation of section 2923.03 of the Revised Code involving complicity in committing a violation of section 2907.04 of the Revised Code that would be a misdemeanor if committed by an adult.
Sec. 2152.81. (A)(1) As used in this section, "victim" includes any of the following persons:
(a) A person who was a victim of a violation identified in division (A)(2) of this section or an act that would be an offense of violence if committed by an adult;
(b) A person against whom was directed any conduct that constitutes, or that is an element of, a violation identified in division (A)(2) of this section or an act that would be an offense of violence if committed by an adult.
(2) In any proceeding in juvenile court involving a complaint, indictment, or information in which a child is charged with a violation of section 2905.03, 2905.05, 2907.011, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or an act that would be an offense of violence if committed by an adult and in which an alleged victim of the violation or act was a child who was less than thirteen years of age when the complaint or information was filed or the indictment was returned, the juvenile judge, upon motion of an attorney for the prosecution, shall order that the testimony of the child victim be taken by deposition. The prosecution also may request that the deposition be videotaped in accordance with division (A)(3) of this section. The judge shall notify the child victim whose deposition is to be taken, the prosecution, and the attorney for the child who is charged with the violation or act of the date, time, and place for taking the deposition. The notice shall identify the child victim who is to be examined and shall indicate whether a request that the deposition be videotaped has been made. The child who is charged with the violation or act shall have the right to attend the deposition and the right to be represented by counsel. Depositions shall be taken in the manner provided in civil cases, except that the judge in the proceeding shall preside at the taking of the deposition and shall rule at that time on any objections of the prosecution or the attorney for the child charged with the violation or act. The prosecution and the attorney for the child charged with the violation or act shall have the right, as at an adjudication hearing, to full examination and cross-examination of the child victim whose deposition is to be taken. If a deposition taken under this division is intended to be offered as evidence in the proceeding, it shall be filed in the juvenile court in which the action is pending and is admissible in the manner described in division (B) of this section. If a deposition of a child victim taken under this division is admitted as evidence at the proceeding under division (B) of this section, the child victim shall not be required to testify in person at the proceeding. However, at any time before the conclusion of the proceeding, the attorney for the child charged with the violation or act may file a motion with the judge requesting that another deposition of the child victim be taken because new evidence material to the defense of the child charged has been discovered that the attorney for the child charged could not with reasonable diligence have discovered prior to the taking of the admitted deposition. Any motion requesting another deposition shall be accompanied by supporting affidavits. Upon the filing of the motion and affidavits, the court may order that additional testimony of the child victim relative to the new evidence be taken by another deposition. If the court orders the taking of another deposition under this provision, the deposition shall be taken in accordance with this division; if the admitted deposition was a videotaped deposition taken in accordance with division (A)(3) of this section, the new deposition also shall be videotaped in accordance with that division, and, in other cases, the new deposition may be videotaped in accordance with that division.
(3)
If the prosecution requests that a deposition to be taken under
division (A)(2) of this section be videotaped, the juvenile judge
shall order that the deposition be videotaped in accordance with this
division. If a juvenile judge issues an order to video
tape videotape
the
deposition, the judge shall exclude from the room in which the
deposition is to be taken every person except the child victim giving
the testimony, the judge, one or more interpreters if needed, the
attorneys for the prosecution and the child who is charged with the
violation or act, any person needed to operate the equipment to be
used, one person chosen by the child victim giving the deposition,
and any person whose presence the judge determines would contribute
to the welfare and well-being of the child victim giving the
deposition. The person chosen by the child victim shall not be a
witness in the proceeding and, both before and during the deposition,
shall not discuss the testimony of the child victim with any other
witness in the proceeding. To the extent feasible, any person
operating the recording equipment shall be restricted to a room
adjacent to the room in which the deposition is being taken, or to a
location in the room in which the deposition is being taken that is
behind a screen or mirror so that the person operating the recording
equipment can see and hear, but cannot be seen or heard by, the child
victim giving the deposition during the deposition. The child who is
charged with the violation or act shall be permitted to observe and
hear the testimony of the child victim giving the deposition on a
monitor, shall be provided with an electronic means of immediate
communication with the attorney of the child who is charged with the
violation or act during the testimony, and shall be restricted to a
location from which the child who is charged with the violation or
act cannot be seen or heard by the child victim giving the
deposition, except on a monitor provided for that purpose. The child
victim giving the deposition shall be provided with a monitor on
which the child victim can observe, while giving testimony, the child
who is charged with the violation or act. The judge, at the judge's
discretion, may preside at the deposition by electronic means from
outside the room in which the deposition is to be taken; if the judge
presides by electronic means, the judge shall be provided with
monitors on which the judge can see each person in the room in which
the deposition is to be taken and with an electronic means of
communication with each person in that room, and each person in the
room shall be provided with a monitor on which that person can see
the judge and with an electronic means of communication with the
judge. A deposition that is videotaped under this division shall be
taken and filed in the manner described in division (A)(2) of this
section and is admissible in the manner described in this division
and division (B) of this section, and, if a deposition that is
videotaped under this division is admitted as evidence at the
proceeding, the child victim shall not be required to testify in
person at the proceeding. No deposition videotaped under this
division shall be admitted as evidence at any proceeding unless
division (B) of this section is satisfied relative to the deposition
and all of the following apply relative to the recording:
(a) The recording is both aural and visual and is recorded on film or videotape, or by other electronic means.
(b) The recording is authenticated under the Rules of Evidence and the Rules of Criminal Procedure as a fair and accurate representation of what occurred, and the recording is not altered other than at the direction and under the supervision of the judge in the proceeding.
(c) Each voice on the recording that is material to the testimony on the recording or the making of the recording, as determined by the judge, is identified.
(d) Both the prosecution and the child who is charged with the violation or act are afforded an opportunity to view the recording before it is shown in the proceeding.
(B)(1) At any proceeding in relation to which a deposition was taken under division (A) of this section, the deposition or a part of it is admissible in evidence upon motion of the prosecution if the testimony in the deposition or the part to be admitted is not excluded by the hearsay rule and if the deposition or the part to be admitted otherwise is admissible under the Rules of Evidence. For purposes of this division, testimony is not excluded by the hearsay rule if the testimony is not hearsay under Evidence Rule 801; if the testimony is within an exception to the hearsay rule set forth in Evidence Rule 803; if the child victim who gave the testimony is unavailable as a witness, as defined in Evidence Rule 804, and the testimony is admissible under that rule; or if both of the following apply:
(a) The child who is charged with the violation or act had an opportunity and similar motive at the time of the taking of the deposition to develop the testimony by direct, cross, or redirect examination.
(b) The judge determines that there is reasonable cause to believe that, if the child victim who gave the testimony in the deposition were to testify in person at the proceeding, the child victim would experience serious emotional trauma as a result of the child victim's participation at the proceeding.
(2) Objections to receiving in evidence a deposition or a part of it under division (B) of this section shall be made as provided in civil actions.
(3) The provisions of divisions (A) and (B) of this section are in addition to any other provisions of the Revised Code, the Rules of Juvenile Procedure, the Rules of Criminal Procedure, or the Rules of Evidence that pertain to the taking or admission of depositions in a juvenile court proceeding and do not limit the admissibility under any of those other provisions of any deposition taken under division (A) of this section or otherwise taken.
(C) In any proceeding in juvenile court involving a complaint, indictment, or information in which a child is charged with a violation listed in division (A)(2) of this section or an act that would be an offense of violence if committed by an adult and in which an alleged victim of the violation or offense was a child who was less than thirteen years of age when the complaint or information was filed or indictment was returned, the prosecution may file a motion with the juvenile judge requesting the judge to order the testimony of the child victim to be taken in a room other than the room in which the proceeding is being conducted and be televised, by closed circuit equipment, into the room in which the proceeding is being conducted to be viewed by the child who is charged with the violation or act and any other persons who are not permitted in the room in which the testimony is to be taken but who would have been present during the testimony of the child victim had it been given in the room in which the proceeding is being conducted. Except for good cause shown, the prosecution shall file a motion under this division at least seven days before the date of the proceeding. The juvenile judge may issue the order upon the motion of the prosecution filed under this division, if the judge determines that the child victim is unavailable to testify in the room in which the proceeding is being conducted in the physical presence of the child charged with the violation or act, due to one or more of the reasons set forth in division (E) of this section. If a juvenile judge issues an order of that nature, the judge shall exclude from the room in which the testimony is to be taken every person except a person described in division (A)(3) of this section. The judge, at the judge's discretion, may preside during the giving of the testimony by electronic means from outside the room in which it is being given, subject to the limitations set forth in division (A)(3) of this section. To the extent feasible, any person operating the televising equipment shall be hidden from the sight and hearing of the child victim giving the testimony, in a manner similar to that described in division (A)(3) of this section. The child who is charged with the violation or act shall be permitted to observe and hear the testimony of the child victim giving the testimony on a monitor, shall be provided with an electronic means of immediate communication with the attorney of the child who is charged with the violation or act during the testimony, and shall be restricted to a location from which the child who is charged with the violation or act cannot be seen or heard by the child victim giving the testimony, except on a monitor provided for that purpose. The child victim giving the testimony shall be provided with a monitor on which the child victim can observe, while giving testimony, the child who is charged with the violation or act.
(D) In any proceeding in juvenile court involving a complaint, indictment, or information in which a child is charged with a violation listed in division (A)(2) of this section or an act that would be an offense of violence if committed by an adult and in which an alleged victim of the violation or offense was a child who was less than thirteen years of age when the complaint or information was filed or the indictment was returned, the prosecution may file a motion with the juvenile judge requesting the judge to order the testimony of the child victim to be taken outside of the room in which the proceeding is being conducted and be recorded for showing in the room in which the proceeding is being conducted before the judge, the child who is charged with the violation or act, and any other persons who would have been present during the testimony of the child victim had it been given in the room in which the proceeding is being conducted. Except for good cause shown, the prosecution shall file a motion under this division at least seven days before the date of the proceeding. The juvenile judge may issue the order upon the motion of the prosecution filed under this division, if the judge determines that the child victim is unavailable to testify in the room in which the proceeding is being conducted in the physical presence of the child charged with the violation or act, due to one or more of the reasons set forth in division (E) of this section. If a juvenile judge issues an order of that nature, the judge shall exclude from the room in which the testimony is to be taken every person except a person described in division (A)(3) of this section. To the extent feasible, any person operating the recording equipment shall be hidden from the sight and hearing of the child victim giving the testimony, in a manner similar to that described in division (A)(3) of this section. The child who is charged with the violation or act shall be permitted to observe and hear the testimony of the child victim giving the testimony on a monitor, shall be provided with an electronic means of immediate communication with the attorney of the child who is charged with the violation or act during the testimony, and shall be restricted to a location from which the child who is charged with the violation or act cannot be seen or heard by the child victim giving the testimony, except on a monitor provided for that purpose. The child victim giving the testimony shall be provided with a monitor on which the child victim can observe, while giving testimony, the child who is charged with the violation or act. No order for the taking of testimony by recording shall be issued under this division unless the provisions set forth in divisions (A)(3)(a), (b), (c), and (d) of this section apply to the recording of the testimony.
(E) For purposes of divisions (C) and (D) of this section, a juvenile judge may order the testimony of a child victim to be taken outside of the room in which a proceeding is being conducted if the judge determines that the child victim is unavailable to testify in the room in the physical presence of the child charged with the violation or act due to one or more of the following circumstances:
(1) The persistent refusal of the child victim to testify despite judicial requests to do so;
(2) The inability of the child victim to communicate about the alleged violation or offense because of extreme fear, failure of memory, or another similar reason;
(3) The substantial likelihood that the child victim will suffer serious emotional trauma from so testifying.
(F)(1) If a juvenile judge issues an order pursuant to division (C) or (D) of this section that requires the testimony of a child victim in a juvenile court proceeding to be taken outside of the room in which the proceeding is being conducted, the order shall specifically identify the child victim to whose testimony it applies, the order applies only during the testimony of the specified child victim, and the child victim giving the testimony shall not be required to testify at the proceeding other than in accordance with the order. The authority of a judge to close the taking of a deposition under division (A)(3) of this section or a proceeding under division (C) or (D) of this section is in addition to the authority of a judge to close a hearing pursuant to section 2151.35 of the Revised Code.
(2) A juvenile judge who makes any determination regarding the admissibility of a deposition under divisions (A) and (B) of this section, the videotaping of a deposition under division (A)(3) of this section, or the taking of testimony outside of the room in which a proceeding is being conducted under division (C) or (D) of this section, shall enter the determination and findings on the record in the proceeding.
Sec. 2152.811. (A) As used in this section:
(1) "Developmental disability" has the same meaning as in section 5123.01 of the Revised Code.
(2) "Victim with a developmental disability" includes any of the following persons:
(a) A person with a developmental disability who was a victim of a violation identified in division (B)(1) of this section or an act that would be an offense of violence if committed by an adult;
(b) A person with a developmental disability against whom was directed any conduct that constitutes, or that is an element of, a violation identified in division (B)(1) of this section or an act that would be an offense of violence if committed by an adult.
(B)(1) In any proceeding in juvenile court involving a complaint, indictment, or information in which a child is charged with a violation of section 2903.16, 2903.34, 2903.341, 2907.011, 2907.02, 2907.03, 2907.05, 2907.21, 2907.23, 2907.24, 2907.32, 2907.321, 2907.322, or 2907.323 of the Revised Code or an act that would be an offense of violence if committed by an adult and in which an alleged victim of the violation or act was a person with a developmental disability, the juvenile judge, upon motion of the prosecution, shall order that the testimony of the victim with a developmental disability be taken by deposition. The prosecution also may request that the deposition be videotaped in accordance with division (B)(2) of this section. The judge shall notify the victim with a developmental disability whose deposition is to be taken, the prosecution, and the attorney for the child who is charged with the violation or act of the date, time, and place for taking the deposition. The notice shall identify the victim with a developmental disability who is to be examined and shall indicate whether a request that the deposition be videotaped has been made. The child who is charged with the violation or act shall have the right to attend the deposition and the right to be represented by counsel. Depositions shall be taken in the manner provided in civil cases, except that the judge in the proceeding shall preside at the taking of the deposition and shall rule at that time on any objections of the prosecution or the attorney for the child charged with the violation or act. The prosecution and the attorney for the child charged with the violation or act shall have the right, as at an adjudication hearing, to full examination and cross-examination of the victim with a developmental disability whose deposition is to be taken.
If a deposition taken under this division is intended to be offered as evidence in the proceeding, it shall be filed in the juvenile court in which the action is pending and is admissible in the manner described in division (C) of this section. If a deposition of a victim with a developmental disability taken under this division is admitted as evidence at the proceeding under division (C) of this section, the victim with a developmental disability shall not be required to testify in person at the proceeding.
At any time before the conclusion of the proceeding, the attorney for the child charged with the violation or act may file a motion with the judge requesting that another deposition of the victim with a developmental disability be taken because new evidence material to the defense of the child charged has been discovered that the attorney for the child charged could not with reasonable diligence have discovered prior to the taking of the admitted deposition. Any motion requesting another deposition shall be accompanied by supporting affidavits. Upon the filing of the motion and affidavits, the court may order that additional testimony of the victim with a developmental disability relative to the new evidence be taken by another deposition. If the court orders the taking of another deposition under this provision, the deposition shall be taken in accordance with this division. If the admitted deposition was a videotaped deposition taken in accordance with division (B)(2) of this section, the new deposition also shall be videotaped in accordance with that division. In other cases, the new deposition may be videotaped in accordance with that division.
(2) If the prosecution requests that a deposition to be taken under division (B)(1) of this section be videotaped, the juvenile judge shall order that the deposition be videotaped in accordance with this division. If a juvenile judge issues an order to video tape the deposition, the judge shall exclude from the room in which the deposition is to be taken every person except the victim with a developmental disability giving the testimony, the judge, one or more interpreters if needed, the attorneys for the prosecution and the child who is charged with the violation or act, any person needed to operate the equipment to be used, one person chosen by the victim with a developmental disability giving the deposition, and any person whose presence the judge determines would contribute to the welfare and well-being of the victim with a developmental disability giving the deposition. The person chosen by the victim with a developmental disability shall not be a witness in the proceeding and, both before and during the deposition, shall not discuss the testimony of the victim with any other witness in the proceeding. To the extent feasible, any person operating the recording equipment shall be restricted to a room adjacent to the room in which the deposition is being taken, or to a location in the room in which the deposition is being taken that is behind a screen or mirror so that the person operating the recording equipment can see and hear, but cannot be seen or heard by, the victim with a developmental disability giving the deposition during the deposition.
The child who is charged with the violation or act shall be permitted to observe and hear the testimony of the victim with a developmental disability giving the deposition on a monitor, shall be provided with an electronic means of immediate communication with the attorney of the child who is charged with the violation or act during the testimony, and shall be restricted to a location from which the child who is charged with the violation or act cannot be seen or heard by the victim with a developmental disability giving the deposition, except on a monitor provided for that purpose. The victim with a developmental disability giving the deposition shall be provided with a monitor on which the victim with a developmental disability can observe, while giving testimony, the child who is charged with the violation or act. The judge, at the judge's discretion, may preside at the deposition by electronic means from outside the room in which the deposition is to be taken; if the judge presides by electronic means, the judge shall be provided with monitors on which the judge can see each person in the room in which the deposition is to be taken and with an electronic means of communication with each person in that room, and each person in the room shall be provided with a monitor on which that person can see the judge and with an electronic means of communication with the judge. A deposition that is videotaped under this division shall be taken and filed in the manner described in division (B)(1) of this section and is admissible in the manner described in this division and division (C) of this section. If a deposition that is videotaped under this division is admitted as evidence at the proceeding, the victim with a developmental disability shall not be required to testify in person at the proceeding. No deposition videotaped under this division shall be admitted as evidence at any proceeding unless division (C) of this section is satisfied relative to the deposition and all of the following apply relative to the recording:
(a) The recording is both aural and visual and is recorded on film or videotape, or by other electronic means.
(b) The recording is authenticated under the Rules of Evidence and the Rules of Criminal Procedure as a fair and accurate representation of what occurred, and the recording is not altered other than at the direction and under the supervision of the judge in the proceeding.
(c) Each voice on the recording that is material to the testimony on the recording or the making of the recording, as determined by the judge, is identified.
(d) Both the prosecution and the child who is charged with the violation or act are afforded an opportunity to view the recording before it is shown in the proceeding.
(C)(1) At any proceeding in relation to which a deposition was taken under division (B) of this section, the deposition or a part of it is admissible in evidence upon motion of the prosecution if the testimony in the deposition or the part to be admitted is not excluded by the hearsay rule and if the deposition or the part to be admitted otherwise is admissible under the Rules of Evidence. For purposes of this division, testimony is not excluded by the hearsay rule if the testimony is not hearsay under Evidence Rule 801; the testimony is within an exception to the hearsay rule set forth in Evidence Rule 803; the victim with a developmental disability who gave the testimony is unavailable as a witness, as defined in Evidence Rule 804, and the testimony is admissible under that rule; or both of the following apply:
(a) The child who is charged with the violation or act had an opportunity and similar motive at the time of the taking of the deposition to develop the testimony by direct, cross, or redirect examination.
(b) The judge determines that there is reasonable cause to believe that, if the victim with a developmental disability who gave the testimony in the deposition were to testify in person at the proceeding, the victim with a developmental disability would experience serious emotional trauma as a result of the participation of the victim with a developmental disability at the proceeding.
(2) Objections to receiving in evidence a deposition or a part of it under division (C) of this section shall be made as provided in civil actions.
(3) The provisions of divisions (B) and (C) of this section are in addition to any other provisions of the Revised Code, the Rules of Juvenile Procedure, the Rules of Criminal Procedure, or the Rules of Evidence that pertain to the taking or admission of depositions in a juvenile court proceeding and do not limit the admissibility under any of those other provisions of any deposition taken under division (B) of this section or otherwise taken.
(D) In any proceeding in juvenile court involving a complaint, indictment, or information in which a child is charged with a violation listed in division (B)(1) of this section or an act that would be an offense of violence if committed by an adult and in which an alleged victim of the violation or offense was a person with a developmental disability, the prosecution may file a motion with the juvenile judge requesting the judge to order the testimony of the victim with a developmental disability to be taken in a room other than the room in which the proceeding is being conducted and be televised, by closed circuit equipment, into the room in which the proceeding is being conducted to be viewed by the child who is charged with the violation or act and any other persons who are not permitted in the room in which the testimony is to be taken but who would have been present during the testimony of the victim with a developmental disability had it been given in the room in which the proceeding is being conducted. Except for good cause shown, the prosecution shall file a motion under this division at least seven days before the date of the proceeding. The juvenile judge may issue the order upon the motion of the prosecution filed under this division, if the judge determines that the victim with a developmental disability is unavailable to testify in the room in which the proceeding is being conducted in the physical presence of the child charged with the violation or act for one or more of the reasons set forth in division (F) of this section. If a juvenile judge issues an order of that nature, the judge shall exclude from the room in which the testimony is to be taken every person except a person described in division (B)(2) of this section. The judge, at the judge's discretion, may preside during the giving of the testimony by electronic means from outside the room in which it is being given, subject to the limitations set forth in division (B)(2) of this section. To the extent feasible, any person operating the televising equipment shall be hidden from the sight and hearing of the victim with a developmental disability giving the testimony, in a manner similar to that described in division (B)(2) of this section. The child who is charged with the violation or act shall be permitted to observe and hear the testimony of the victim with a developmental disability giving the testimony on a monitor, shall be provided with an electronic means of immediate communication with the attorney of the child who is charged with the violation or act during the testimony, and shall be restricted to a location from which the child who is charged with the violation or act cannot be seen or heard by the victim with a developmental disability giving the testimony, except on a monitor provided for that purpose. The victim with a developmental disability giving the testimony shall be provided with a monitor on which the victim with a developmental disability can observe, while giving testimony, the child who is charged with the violation or act.
(E) In any proceeding in juvenile court involving a complaint, indictment, or information in which a child is charged with a violation listed in division (B)(1) of this section or an act that would be an offense of violence if committed by an adult and in which an alleged victim of the violation or offense was a person with a developmental disability, the prosecution may file a motion with the juvenile judge requesting the judge to order the testimony of the victim with a developmental disability to be taken outside of the room in which the proceeding is being conducted and be recorded for showing in the room in which the proceeding is being conducted before the judge, the child who is charged with the violation or act, and any other persons who would have been present during the testimony of the victim with a developmental disability had it been given in the room in which the proceeding is being conducted. Except for good cause shown, the prosecution shall file a motion under this division at least seven days before the date of the proceeding. The juvenile judge may issue the order upon the motion of the prosecution filed under this division, if the judge determines that the victim with a developmental disability is unavailable to testify in the room in which the proceeding is being conducted in the physical presence of the child charged with the violation or act, due to one or more of the reasons set forth in division (F) of this section. If a juvenile judge issues an order of that nature, the judge shall exclude from the room in which the testimony is to be taken every person except a person described in division (B)(2) of this section. To the extent feasible, any person operating the recording equipment shall be hidden from the sight and hearing of the victim with a developmental disability giving the testimony, in a manner similar to that described in division (B)(2) of this section. The child who is charged with the violation or act shall be permitted to observe and hear the testimony of the victim with a developmental disability giving the testimony on a monitor, shall be provided with an electronic means of immediate communication with the attorney of the child who is charged with the violation or act during the testimony, and shall be restricted to a location from which the child who is charged with the violation or act cannot be seen or heard by the victim with a developmental disability giving the testimony, except on a monitor provided for that purpose. The victim with a developmental disability giving the testimony shall be provided with a monitor on which the victim with a developmental disability can observe, while giving testimony, the child who is charged with the violation or act. No order for the taking of testimony by recording shall be issued under this division unless the provisions set forth in divisions (B)(2)(a), (b), (c), and (d) of this section apply to the recording of the testimony.
(F) For purposes of divisions (D) and (E) of this section, a juvenile judge may order the testimony of a victim with a developmental disability to be taken outside of the room in which a proceeding is being conducted if the judge determines that the victim with a developmental disability is unavailable to testify in the room in the physical presence of the child charged with the violation or act due to one or more of the following circumstances:
(1) The persistent refusal of the victim with a developmental disability to testify despite judicial requests to do so;
(2) The inability of the victim with a developmental disability to communicate about the alleged violation or offense because of extreme fear, failure of memory, or another similar reason;
(3) The substantial likelihood that the victim with a developmental disability will suffer serious emotional trauma from so testifying.
(G)(1) If a juvenile judge issues an order pursuant to division (D) or (E) of this section that requires the testimony of a victim with a developmental disability in a juvenile court proceeding to be taken outside of the room in which the proceeding is being conducted, the order shall specifically identify the victim with a developmental disability to whose testimony it applies, the order applies only during the testimony of the specified victim with a developmental disability, and the victim with a developmental disability giving the testimony shall not be required to testify at the proceeding other than in accordance with the order. The authority of a judge to close the taking of a deposition under division (B)(2) of this section or a proceeding under division (D) or (E) of this section is in addition to the authority of a judge to close a hearing pursuant to section 2151.35 of the Revised Code.
(2) A juvenile judge who makes any determination regarding the admissibility of a deposition under divisions (B) and (C) of this section, the videotaping of a deposition under division (B)(2) of this section, or the taking of testimony outside of the room in which a proceeding is being conducted under division (D) or (E) of this section shall enter the determination and findings on the record in the proceeding.
Sec. 2305.111. (A) As used in this section:
(1) "Childhood sexual abuse" means any conduct that constitutes any of the violations identified in division (A)(1)(a) or (b) of this section and would constitute a criminal offense under the specified section or division of the Revised Code, if the victim of the violation is at the time of the violation a child under eighteen years of age or a child with a developmental disability or physical impairment under twenty-one years of age. The court need not find that any person has been convicted of or pleaded guilty to the offense under the specified section or division of the Revised Code in order for the conduct that is the violation constituting the offense to be childhood sexual abuse for purposes of this division. This division applies to any of the following violations committed in the following specified circumstances:
(a) A violation of section 2907.011 or 2907.02 or of division (A)(1), (5), (6), (7), (8), (9), (10), (11), or (12) of section 2907.03 of the Revised Code;
(b) A violation of section 2907.05 or 2907.06 of the Revised Code if, at the time of the violation, any of the following apply:
(i) The actor is the victim's natural parent, adoptive parent, or stepparent or the guardian, custodian, or person in loco parentis of the victim.
(ii) The victim is in custody of law or a patient in a hospital or other institution, and the actor has supervisory or disciplinary authority over the victim.
(iii) The actor is a teacher, administrator, coach, or other person in authority employed by or serving in a school for which the state board of education prescribes minimum standards pursuant to division (D) of section 3301.07 of the Revised Code, the victim is enrolled in or attends that school, and the actor is not enrolled in and does not attend that school.
(iv) The actor is a teacher, administrator, coach, or other person in authority employed by or serving in an institution of higher education, and the victim is enrolled in or attends that institution.
(v) The actor is the victim's athletic or other type of coach, is the victim's instructor, is the leader of a scouting troop of which the victim is a member, or is a person with temporary or occasional disciplinary control over the victim.
(vi) The actor is a mental health professional, the victim is a mental health client or patient of the actor, and the actor induces the victim to submit by falsely representing to the victim that the sexual contact involved in the violation is necessary for mental health treatment purposes.
(vii) The victim is confined in a detention facility, and the actor is an employee of that detention facility.
(viii) The actor is a cleric, and the victim is a member of, or attends, the church or congregation served by the cleric.
(2) "Cleric" has the same meaning as in section 2317.02 of the Revised Code.
(3) "Mental health client or patient" has the same meaning as in section 2305.51 of the Revised Code.
(4) "Mental health professional" has the same meaning as in section 2305.115 of the Revised Code.
(5) "Sexual contact" has the same meaning as in section 2907.01 of the Revised Code.
(6) "Victim" means, except as provided in division (B) of this section, a victim of childhood sexual abuse.
(B) Except as provided in section 2305.115 of the Revised Code and subject to division (C) of this section, an action for assault or battery shall be brought within one year after the cause of the action accrues. For purposes of this section, a cause of action for assault or battery accrues upon the later of the following:
(1) The date on which the alleged assault or battery occurred;
(2) If the plaintiff did not know the identity of the person who allegedly committed the assault or battery on the date on which it allegedly occurred, the earlier of the following dates:
(a) The date on which the plaintiff learns the identity of that person;
(b) The date on which, by the exercise of reasonable diligence, the plaintiff should have learned the identity of that person.
(C) An action for assault or battery brought by a victim of childhood sexual abuse based on childhood sexual abuse, or an action brought by a victim of childhood sexual abuse asserting any claim resulting from childhood sexual abuse, shall be brought within twelve years after the cause of action accrues. For purposes of this section, a cause of action for assault or battery based on childhood sexual abuse, or a cause of action for a claim resulting from childhood sexual abuse, accrues upon the date on which the victim reaches the age of majority. If the defendant in an action brought by a victim of childhood sexual abuse asserting a claim resulting from childhood sexual abuse that occurs on or after August 3, 2006, has fraudulently concealed from the plaintiff facts that form the basis of the claim, the running of the limitations period with regard to that claim is tolled until the time when the plaintiff discovers or in the exercise of due diligence should have discovered those facts.
Sec.
2305.112. A
civil action brought pursuant to division (A) of section 2307.60 of
the Revised Code when the person filing the action is injured in
person or property by a violation of division (B)(A),
(D)(C),
or (E)(D)
of
section 2913.49 of the Revised Code shall be commenced within five
years from the date on which the identity of the offender was
discovered or reasonably should have been discovered.
Sec.
2307.611. A
person who brings a civil action pursuant to division (A) of section
2307.60 of the Revised Code to recover damages from any person who
caused injury to person or property by a violation of division
(B)(A),
(D)(C),
or (E)(D)
of
section 2913.49 of the Revised Code may recover damages up to five
thousand dollars for each violation or three times the amount of
actual damages, whichever is greater, and reasonable attorney's fees.
Sec. 2307.62. (A) As used in this section:
(1)
"Cable service" and "cable system" have the same
meanings as in division
(B) of section
2913.04
2913.01
of
the Revised Code.
(2) "Trier of fact" means the jury or, in a nonjury trial, the court.
(3)
"Profits" derived from a violation of division (B) of
section 2913.04
2913.08
or
division (A) or (B) of section 2913.041 of the Revised Code are equal
to whichever of the following applies:
(a)
The gross revenue derived from the violation by the persons who
violated division (B)(A)
of
section 2913.04
2913.08
or
division (A) or (B) of section 2913.041 of the Revised Code, as
established by a preponderance of the evidence by the owner or
operator of the cable service, cable system, cable television system,
or other similar closed circuit coaxial cable communications system
who is aggrieved by the violation;
(b)
The gross revenue derived from the violation by the persons who
violated division (B)(A)
of
section 2913.04
2913.08
or
division (A) or (B) of section 2913.041 of the Revised Code, as
established by a preponderance of the evidence by the owner or
operator of the cable service, cable system, cable television system,
or other similar closed circuit coaxial cable communications system
who is aggrieved by the violation, minus deductible expenses and
other elements of profit that are not attributable to the violation
of division (B)(A)
of
section 2913.04
2913.08
or
division (A) or (B) of section 2913.041 of the Revised Code, as
established by a preponderance of the evidence by the persons who
violated either or both of those divisions.
(B)(1)
An owner or operator of a cable service, cable system, cable
television system, or other similar closed circuit coaxial cable
communications system who is aggrieved by conduct that is prohibited
by division (B)(A)
of
section 2913.04
2913.08
or
division (A) or (B) of section 2913.041 of the Revised Code may elect
to commence a civil action for damages in accordance with division
(A) of section 2307.60 or section 2307.61 of the Revised Code or to
commence a civil action under this section in the appropriate
municipal court, county court, or court of common pleas to recover
damages and other specified moneys described in division (B)(1)(a),
(b), or (c) of this section and, if applicable, damages described in
division (B)(2) of this section from the persons who violated
division (B)(A)
of
section 2913.04
2913.08
or
division (A) or (B) of section 2913.041 of the Revised Code. If the
owner or operator elects to commence a civil action for damages and
other specified moneys under this section, the owner or operator
shall specify in its complaint which of the following categories of
damages and other specified moneys the owner or operator seeks to
recover from the persons who violated division (B)(A)
of
section 2913.04
2913.08
or
division (A) or (B) of section 2913.041 of the Revised Code:
(a) Full compensatory damages, punitive or exemplary damages if authorized by section 2315.21 of the Revised Code, and the reasonable attorney's fees, court costs, and other reasonable expenses incurred in maintaining the civil action under this section.
(b)
Damages equal to the actual loss suffered by the owner or operator as
a proximate result of the conduct that violated division (B)(A)
of
section 2913.04
2913.08
or
division (A) or (B) of section 2913.041 of the Revised Code and, in
addition, damages equal to the profits derived by the persons who
violated one or more of those divisions as a proximate result of the
prohibited conduct.
(c)
Regarding a violation of division (A) or (B) of section 2913.041 of
the Revised Code, liquidated damages in an amount of not less than
two hundred fifty dollars and not more than ten thousand dollars, as
determined by the trier of fact, for each separate violation of
division (A) or (B) of section 2913.041 of the Revised Code as
described in division (D) of that section. Division (B)(1)(c) of this
section does not apply regarding a violation of division (B)(A)
of
section 2913.04
2913.08
of
the Revised Code.
(2) The trier of fact shall determine the amount of any compensatory damages to be awarded pursuant to division (B)(1)(a) of this section, and the court shall determine the amount of any punitive or exemplary damages authorized by section 2315.21 of the Revised Code and the amount of reasonable attorney's fees, court costs, and other reasonable expenses to be awarded pursuant to division (B)(1)(a) of this section. The trier of fact shall determine the amount of damages to be awarded to the owner or operator under division (B)(1)(b) of this section.
(3)
In a civil action under this section, if an owner or operator of a
cable service, cable system, cable television system, or other
similar closed circuit coaxial cable communications system
establishes by a preponderance of the evidence that the persons who
violated division (B)(A)
of
section 2913.04
2913.08
or
division (A) or (B) of section 2913.041 of the Revised Code engaged
in the prohibited conduct for the purpose of direct or indirect
commercial advantage or private financial gain, the trier of fact may
award to the owner or operator damages in an amount not to exceed
fifty thousand dollars in addition to any amount recovered pursuant
to division (B)(1)(a), (b), or (c) of this section, whichever of
those divisions applies to the owner or operator.
(C)
A person may join a civil action under this section with a civil
action under Chapter 2737. of the Revised Code to recover any
property of the owner or operator of a cable service, cable system,
cable television system, or other similar closed circuit coaxial
cable communications system that was the subject of the violation of
division (B)(A)
of
section 2913.04
2913.08
or
division (A) or (B) of section 2913.041 of the Revised Code. A person
may commence a civil action under this section regardless of whether
any person who allegedly violated one or more of those divisions has
pleaded guilty to or has been convicted of a violation of one or more
of those divisions or has been adjudicated a delinquent child for the
commission of any act that constitutes a violation of one or more of
those divisions.
Sec.
2307.65. (A)
The attorney general may bring a civil action in the Franklin county
court of common pleas on behalf of the department of medicaid, and
the prosecuting attorney of the county in which a violation of
division (B)(A)
of
section 2913.401
2913.41
of
the Revised Code occurs may bring a civil action in the court of
common pleas of that county on behalf of the county department of job
and family services, against a person who violates division (B)(A)
of
section 2913.401
2913.41
of
the Revised Code for the recovery of the amount of benefits paid on
behalf of a person that either department would not have paid but for
the violation minus any amounts paid in restitution under division
(C)(2)(B)(2)
of
section 2913.401
2913.41
of
the Revised Code and for reasonable attorney's fees and all other
fees and costs of litigation.
(B)
In a civil action brought under division (A) of this section, if the
defendant failed to disclose a transfer of property in violation of
division (B)(3)(A)(3)
of
section 2913.401
2913.41
of
the Revised Code, the court may also grant any of the following
relief to the extent permitted by the "Social Security Act,"
section 1917, 42 U.S.C. 1396p:
(1)
Avoidance of the transfer of property that was not disclosed in
violation of division (B)(3)(A)(3)
of
section 2913.401
2913.41
of
the Revised Code to the extent of the amount of benefits the
department would not have paid but for the violation;
(2) An order of attachment or garnishment against the property in accordance with Chapter 2715. or 2716. of the Revised Code;
(3)
An injunction against any further disposition by the transferor or
transferee, or both, of the property the transfer of which was not
disclosed in violation of division (B)(3)(A)(3)
of
section 2913.401
2913.41
of
the Revised Code or against the disposition of other property by the
transferor or transferee;
(4) Appointment of a receiver to take charge of the property transferred or of other property of the transferee;
(5) Any other relief that the court considers just and equitable.
(C)
To the extent permitted by the "Social Security Act,"
section 1917, 42 U.S.C. 1396p, the department of medicaid or the
county department of job and family services may enforce a judgment
obtained under this section by levying on property the transfer of
which was not disclosed in violation of division (B)(3)(A)(3)
of
section 2913.401
2913.41
of
the Revised Code or on the proceeds of the transfer of that property
in accordance with Chapter 2329. of the Revised Code.
(D)
The remedies provided in divisions (B) and (C) of this section do not
apply if the transferee of the property the transfer of which was not
disclosed in violation of division (B)(3)(A)(3)
of
section 2913.401
2913.41
of
the Revised Code acquired the property in good faith and for fair
market value.
(E)
The remedies provided in this section are not exclusive and do not
preclude the use of any other criminal or civil remedy for any act
that is in violation of section 2913.401
2913.41
of
the Revised Code.
(F) Amounts of medicaid services paid and recovered in an action brought under this section shall be credited to the general revenue fund, and any applicable federal share shall be returned to the appropriate agency or department of the United States.
Sec. 2307.67. (A) As used in this section:
(1) "Compensation" means money, thing of value, or financial benefit. "Compensation" does not include bail, fines, or court costs.
(2)
"Critical infrastructure facility" has the same meaning as
in section 2911.21
2911.011
of
the Revised Code.
(3) "Organization" has the same meaning as in section 2901.23 of the Revised Code.
(B) An owner or operator of a critical infrastructure facility may elect to commence a civil action under division (A) of section 2307.60 or section 2307.61 of the Revised Code or under this section against any person who willfully causes damage to the critical infrastructure facility. The plaintiff may recover compensatory damages equal to the replacement value of the property that was damaged. The plaintiff also may recover reasonable attorney's fees, court costs, and other reasonable expenses incurred in maintaining the civil action under this section.
(C) A person or organization may only be held vicariously liable for a judgment the plaintiff obtains against the person who damaged the critical infrastructure facility if the person or organization did either of the following:
(1) Directed, authorized, facilitated, or encouraged the person to cause damage to the critical infrastructure facility;
(2) Provided compensation to the person for damaging the critical infrastructure facility.
(D) In a civil action to recover damages under this section, the trier of fact may determine that the defendant willfully caused damage to the critical infrastructure facility, regardless of whether the defendant has been charged with any related criminal offense, has pleaded guilty to or been convicted of a criminal offense, or has been adjudicated a delinquent child in connection with the property damage.
(E) This section does not affect any criminal prosecution or any action to obtain a delinquent child adjudication in connection with the property damage.
Sec.
2308.04. (A)
A person is guilty of criminal mischief in violation of division
(A)(1),
(A)(2), or (C)(6)
of
section 2909.07
2909.05
of
the Revised Code if all of the following apply:
(1) The person knowingly and with purpose to diminish the value or enjoyment of the residential real property moves, defaces, damages, destroys, or otherwise improperly tampers with the person's own residential real property.
(2) The residential real property is subject to a mortgage.
(3) The person has been served with a summons and complaint in a pending residential mortgage loan foreclosure action relating to that residential real property.
(B) As used in this section, "pending" includes the time between the filing of the foreclosure action and confirmation of sale.
Sec. 2710.05. (A) There is no privilege under section 2710.03 of the Revised Code for a mediation communication to which any of the following applies:
(1) The mediation communication is contained in a written agreement evidenced by a record signed by all parties to the agreement.
(2) The mediation communication is available to the public under section 149.43 of the Revised Code or made during a session of a mediation that is open, or is required by law to be open, to the public;
(3) The mediation communication is an imminent threat or statement of a plan to inflict bodily injury or commit a crime of violence.
(4) The mediation communication is intentionally used to plan, attempt to commit, or commit a crime or to conceal an ongoing crime or ongoing criminal activity.
(5) The mediation communication is sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator.
(6) Except as otherwise provided in division (C) of this section, the mediation communication is sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediation party, nonparty participant, or representative of a party based on conduct occurring during a mediation.
(7) Except as provided in sections 2317.02 and 3109.052 of the Revised Code, the mediation communication is sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding in which a child or adult protective services agency is a party, unless the case is referred by a court to mediation and a public agency participates.
(8)
The mediation communication is required to be disclosed pursuant to
section 2921.22
2921.27
or 2921.28 of
the Revised Code.
(9) The mediation communication is sought in connection with or offered in any criminal proceeding involving a felony, a delinquent child proceeding based on what would be a felony if committed by an adult, or a proceeding initiated by the state or a child protection agency in which it is alleged that a child is an abused, neglected, or dependent child.
(B) There is no privilege under section 2710.03 of the Revised Code if a court, administrative agency, or arbitrator finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that the evidence is not otherwise available, that the disclosure is necessary in the particular case to prevent a manifest injustice, and that the mediation communication is sought or offered in either of the following:
(1) A court proceeding involving a misdemeanor;
(2) Except as otherwise provided in division (C) of this section, a proceeding to prove a claim to rescind or reform or a defense to avoid liability on a contract arising out of the mediation.
(C) A mediator may not be compelled to provide evidence of a mediation communication referred to in division (A)(6) or (B)(2) of this section.
(D) If a mediation communication is not privileged under division (A) or (B) of this section, only the portion of the communication necessary for the application of the exception from nondisclosure may be admitted. Admission of evidence under division (A) or (B) of this section does not render the evidence, or any other mediation communication, discoverable or admissible for any other purpose.
Sec. 2743.62. (A)(1) Subject to division (A)(2) of this section, there is no privilege, except the privileges arising from the attorney-client relationship, as to communications or records that are relevant to the physical, mental, or emotional condition of the claimant or victim in a proceeding under sections 2743.51 to 2743.72 of the Revised Code in which that condition is an element.
(2)(a) Except as specified in division (A)(2)(b) of this section, any record or report that the court of claims or the attorney general has obtained prior to, or obtains on or after, June 30, 1998, under the provisions of sections 2743.51 to 2743.72 of the Revised Code and that is confidential or otherwise exempt from public disclosure under section 149.43 of the Revised Code while in the possession of the creator of the record or report shall remain confidential or exempt from public disclosure under section 149.43 of the Revised Code while in the possession of the court of claims or the attorney general.
(b) Notwithstanding division (A)(2)(a) of this section, a judge of the court of claims, a magistrate, a claimant, a claimant's attorney, or the attorney general may disclose or refer to records or reports described in that division in any hearing conducted under sections 2743.51 to 2743.72 of the Revised Code or in the judge's, magistrate's, claimant's, or attorney general's written pleadings, findings, recommendations, and decisions.
(B) If the mental, physical, or emotional condition of a victim or claimant is material to a claim for an award of reparations, the attorney general or the court of claims may order the victim or claimant to submit to a mental or physical examination and may order an autopsy of a deceased victim. The order may be made for good cause shown and upon notice to the person to be examined and to the claimant. The order shall specify the time, place, manner, conditions, and scope of the examination or autopsy and the person by whom it is to be made. In the case of a mental examination, the person specified may be a physician or psychologist. In the case of a physical examination, the person specified may be a physician, a physician assistant, a clinical nurse specialist, a certified nurse practitioner, or a certified nurse-midwife. In the case of an autopsy, the person specified must be a physician. The order shall require the person who performs the examination or autopsy to file with the attorney general a detailed written report of the examination or autopsy. The report shall set out the findings, including the results of all tests made, diagnoses, prognoses, and other conclusions and reports of earlier examinations of the same conditions.
(C) On request of the person examined, the attorney general shall furnish the person a copy of the report. If the victim is deceased, the attorney general, on request, shall furnish the claimant a copy of the report.
(D) The attorney general or the court of claims may require the claimant to supplement the application for an award of reparations with any reasonably available medical or psychological reports relating to the injury for which the award of reparations is claimed.
(E)
The attorney general or the court of claims, in a claim arising out
of a violation of any provision of sections 2907.02
2907.011
to
2907.07 of the Revised Code, shall not request the victim or the
claimant to supply, or permit any person to supply, any evidence of
specific instances of the victim's sexual activity, opinion evidence
of the victim's sexual activity, or reputation evidence of the
victim's sexual activity unless it involves evidence of the origin of
semen, pregnancy, or disease or evidence of the victim's past sexual
activity with the offender and only to the extent that the court of
claims or the attorney general finds that the evidence is relevant to
a fact at issue in the claim.
Sec.
2901.011. The
amendments to sections 109.42, 121.22, 149.43, 2903.06, 2903.08,
2903.11, 2903.12, 2905.01, 2905.32, 2907.02, 2907.03, 2907.05,
2907.07, 2919.22, 2919.25, 2921.321, 2921.36, 2923.132, 2925.01,
2925.02, 2925.03, 2925.04, 2925.041, 2925.11, 2929.01, 2929.14,
2929.142, 2929.15, 2929.19, 2929.191, 2929.20, 2929.61, 2930.16,
2943.032, 2953.08, 2967.01, 2967.021, 2967.03, 2967.13, 2967.19,
2967.191,
2967.193, 2967.26, 2967.28, 2971.03, 3719.99, 5120.021, 5120.53,
5120.66, and 5120.80 and
to former section 2967.19 and
the enactment of sections 2901.011, 2929.144, 2967.271, and 5120.038
of the Revised Code by S.B. 201 of the 132nd general assembly
constitute the Reagan Tokes Law.
Sec. 2901.07. (A) As used in this section:
(1) "DNA analysis" and "DNA specimen" have the same meanings as in section 109.573 of the Revised Code.
(2) "Jail" and "community-based correctional facility" have the same meanings as in section 2929.01 of the Revised Code.
(3) "Post-release control" has the same meaning as in section 2967.01 of the Revised Code.
(4) "Head of the arresting law enforcement agency" means whichever of the following is applicable regarding the arrest in question:
(a) If the arrest was made by a sheriff or a deputy sheriff, the sheriff who made the arrest or who employs the deputy sheriff who made the arrest;
(b) If the arrest was made by a law enforcement officer of a law enforcement agency of a municipal corporation, the chief of police, marshal, or other chief law enforcement officer of the agency that employs the officer who made the arrest;
(c) If the arrest was made by a constable or a law enforcement officer of a township police department or police district police force, the constable who made the arrest or the chief law enforcement officer of the department or agency that employs the officer who made the arrest;
(d) If the arrest was made by the superintendent or a trooper of the state highway patrol, the superintendent of the state highway patrol;
(e) If the arrest was made by a law enforcement officer not identified in division (A)(4)(a), (b), (c), or (d) of this section, the chief law enforcement officer of the law enforcement agency that employs the officer who made the arrest.
(5) "Detention facility" has the same meaning as in section 2921.01 of the Revised Code.
(B)(1)(a) On and after July 1, 2011, a person who is eighteen years of age or older and who is arrested on or after July 1, 2011, for a felony offense shall submit to a DNA specimen collection procedure administered by the head of the arresting law enforcement agency. The head of the arresting law enforcement agency shall cause the DNA specimen to be collected from the person during the intake process at the jail, community-based correctional facility, detention facility, or law enforcement agency office or station to which the arrested person is taken after the arrest. The head of the arresting law enforcement agency shall cause the DNA specimen to be collected in accordance with division (C) of this section.
(b) If a person who is charged with a felony on or after July 1, 2011, has not been arrested and first appears before a court or magistrate in response to a summons, or if the head of the arresting law enforcement agency has not administered a DNA specimen collection procedure upon the person arrested for a felony in accordance with division (B)(1)(a) of this section by the time of the arraignment or first appearance of the person, the court shall order the person to appear before the sheriff or chief of police of the county or municipal corporation within twenty-four hours to submit to a DNA specimen collection procedure administered by the sheriff or chief of police. The sheriff or chief of police shall cause the DNA specimen to be collected from the person in accordance with division (C) of this section.
(c) Every court with jurisdiction over a case involving a person with respect to whom division (B)(1)(a) or (b) of this section requires the head of a law enforcement agency or a sheriff or chief of police to administer a DNA specimen collection procedure upon the person shall inquire at the time of the person's sentencing whether or not the person has submitted to a DNA specimen collection procedure pursuant to division (B)(1)(a) or (b) of this section for the original arrest or court appearance upon which the sentence is based. If the person has not submitted to a DNA specimen collection procedure for the original arrest or court appearance upon which the sentence is based, the court shall order the person to appear before the sheriff or chief of police of the county or municipal corporation within twenty-four hours to submit to a DNA specimen collection procedure administered by the sheriff or chief of police. The sheriff or chief of police shall cause the DNA specimen to be collected in accordance with division (C) of this section.
(d) If a person is in the custody of a law enforcement agency or a detention facility, if the chief law enforcement officer or chief administrative officer of the detention facility discovers that a warrant has been issued or a bill of information has been filed alleging the person to have committed an offense other than the offense for which the person is in custody, and if the other alleged offense is one for which a DNA specimen is to be collected from the person pursuant to division (B)(1)(a) or (b) of this section, the chief law enforcement officer or chief administrative officer shall cause a DNA specimen to be collected from the person in accordance with division (C) of this section.
(2) Regardless of when the conviction occurred or the guilty plea was entered, a person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a felony offense, who is sentenced to a prison term or to a community residential sanction in a jail or community-based correctional facility for that offense pursuant to section 2929.16 of the Revised Code, and who does not provide a DNA specimen pursuant to division (B)(1) of this section, and a person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a misdemeanor offense listed in division (D) of this section, who is sentenced to a term of imprisonment for that offense, and who does not provide a DNA specimen pursuant to division (B)(1) of this section, shall submit to a DNA specimen collection procedure administered by the director of rehabilitation and correction or the chief administrative officer of the jail or other detention facility in which the person is serving the term of imprisonment. If the person serves the prison term in a state correctional institution, the director of rehabilitation and correction shall cause the DNA specimen to be collected from the person during the intake process at the reception facility designated by the director. If the person serves the community residential sanction or term of imprisonment in a jail, a community-based correctional facility, or another county, multicounty, municipal, municipal-county, or multicounty-municipal detention facility, the chief administrative officer of the jail, community-based correctional facility, or detention facility shall cause the DNA specimen to be collected from the person during the intake process at the jail, community-based correctional facility, or detention facility. The DNA specimen shall be collected in accordance with division (C) of this section.
(3) Regardless of when the conviction occurred or the guilty plea was entered, if a person has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a felony offense or a misdemeanor offense listed in division (D) of this section, is serving a prison term, community residential sanction, or term of imprisonment for that offense, and does not provide a DNA specimen pursuant to division (B)(1) or (2) of this section, prior to the person's release from the prison term, community residential sanction, or imprisonment, the person shall submit to, and the director of rehabilitation and correction or the chief administrative officer of the jail, community-based correctional facility, or detention facility in which the person is serving the prison term, community residential sanction, or term of imprisonment shall administer, a DNA specimen collection procedure at the state correctional institution, jail, community-based correctional facility, or detention facility in which the person is serving the prison term, community residential sanction, or term of imprisonment. The DNA specimen shall be collected in accordance with division (C) of this section.
(4)(a) Regardless of when the conviction occurred or the guilty plea was entered, if a person has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a felony offense or a misdemeanor offense listed in division (D) of this section and the person is on probation, released on parole, under transitional control, on community control, on post-release control, or under any other type of supervised release under the supervision of a probation department or the adult parole authority for that offense, and did not provide a DNA specimen pursuant to division (B)(1), (2), or (3) of this section, the person shall submit to a DNA specimen collection procedure administered by the chief administrative officer of the probation department or the adult parole authority. The DNA specimen shall be collected in accordance with division (C) of this section. If the person refuses to submit to a DNA specimen collection procedure as provided in this division, the person may be subject to the provisions of section 2967.15 of the Revised Code.
(b) If a person to whom division (B)(4)(a) of this section applies is sent to jail or is returned to a jail, community-based correctional facility, or state correctional institution for a violation of the terms and conditions of the probation, parole, transitional control, other release, or post-release control, if the person was or will be serving a term of imprisonment, prison term, or community residential sanction for committing a felony offense or for committing a misdemeanor offense listed in division (D) of this section, and if the person did not provide a DNA specimen pursuant to division (B)(1), (2), (3), or (4)(a) of this section, the person shall submit to, and the director of rehabilitation and correction or the chief administrative officer of the jail or community-based correctional facility shall administer, a DNA specimen collection procedure at the jail, community-based correctional facility, or state correctional institution in which the person is serving the term of imprisonment, prison term, or community residential sanction. The DNA specimen shall be collected from the person in accordance with division (C) of this section.
(5) Regardless of when the conviction occurred or the guilty plea was entered, if a person has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a felony offense or a misdemeanor offense listed in division (D) of this section, the person is not sentenced to a prison term, a community residential sanction in a jail or community-based correctional facility, a term of imprisonment, or any type of supervised release under the supervision of a probation department or the adult parole authority, and the person does not provide a DNA specimen pursuant to division (B)(1), (2), (3), (4)(a), or (4)(b) of this section, the sentencing court shall order the person to report to the county probation department immediately after sentencing to submit to a DNA specimen collection procedure administered by the chief administrative officer of the county probation office. If the person is incarcerated at the time of sentencing, the person shall submit to a DNA specimen collection procedure administered by the director of rehabilitation and correction or the chief administrative officer of the jail or other detention facility in which the person is incarcerated. The DNA specimen shall be collected in accordance with division (C) of this section.
(C) If the DNA specimen is collected by withdrawing blood from the person or a similarly invasive procedure, a physician, registered nurse, licensed practical nurse, duly licensed clinical laboratory technician, or other qualified medical practitioner shall collect in a medically approved manner the DNA specimen required to be collected pursuant to division (B) of this section. If the DNA specimen is collected by swabbing for buccal cells or a similarly noninvasive procedure, this section does not require that the DNA specimen be collected by a qualified medical practitioner of that nature. No later than fifteen days after the date of the collection of the DNA specimen, the head of the arresting law enforcement agency, the sheriff or chief of police, the chief law enforcement officer, or the chief administrative officer of the detention facility regarding a DNA specimen taken pursuant to division (B)(1) of this section, the director of rehabilitation and correction or the chief administrative officer of the detention facility regarding a DNA specimen taken pursuant to division (B)(2), (3), or (4)(b) of this section, the chief administrative officer of the probation department or the adult parole authority regarding a DNA specimen taken pursuant to division (B)(4)(a) of this section, or the chief administrative officer of the county probation office, the director of rehabilitation and correction, or the chief administrative officer of the detention facility regarding a DNA specimen taken pursuant to division (B)(5) of this section, whichever is applicable, shall cause the DNA specimen to be forwarded to the bureau of criminal identification and investigation in accordance with procedures established by the superintendent of the bureau under division (H) of section 109.573 of the Revised Code. The bureau shall provide the specimen vials, mailing tubes, labels, postage, and instructions needed for the collection and forwarding of the DNA specimen to the bureau.
(D) The DNA specimen collection duty set forth in division (B)(1) of this section applies to any person who is eighteen years of age or older and who on or after July 1, 2011, is arrested for or charged with any felony offense or is in any other circumstance described in that division. The DNA specimen collection duties set forth in divisions (B)(2), (3), (4)(a), (4)(b), and (5) of this section apply to any person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to any felony offense or any of the following misdemeanor offenses:
(1) A misdemeanor violation, an attempt to commit a misdemeanor violation, or complicity in committing a misdemeanor violation of section 2907.04 of the Revised Code;
(2)
A misdemeanor violation of any law that arose out of the same facts
and circumstances and same act as did a charge against the person of
a violation of section 2903.01, 2903.02, 2905.01, 2907.011,
2907.02,
2907.03, 2907.04, 2907.05, or 2911.11
2911.03
of
the Revised Code that previously was dismissed or amended or as did a
charge against the person of a violation of section 2907.12 of the
Revised Code as it existed prior to September 3, 1996, that
previously was dismissed or amended;
(3) A misdemeanor violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had it been committed prior to that date;
(4) A sexually oriented offense or a child-victim oriented offense, both as defined in section 2950.01 of the Revised Code, that is a misdemeanor, if, in relation to that offense, the offender is a tier III sex offender/child-victim offender, as defined in section 2950.01 of the Revised Code.
(E) The director of rehabilitation and correction may prescribe rules in accordance with Chapter 119. of the Revised Code to collect a DNA specimen, as provided in this section, from an offender whose supervision is transferred from another state to this state in accordance with the interstate compact for adult offender supervision described in section 5149.21 of the Revised Code.
Sec. 2901.13. (A)(1) Except as provided in division (A)(2), (3), or (4) of this section or as otherwise provided in this section, a prosecution shall be barred unless it is commenced within the following periods after an offense is committed:
(a) For a felony, six years;
(b) For a misdemeanor other than a minor misdemeanor, two years;
(c) For a minor misdemeanor, six months.
(2) There is no period of limitation for the prosecution of a violation of section 2903.01 or 2903.02 of the Revised Code.
(3) Except as otherwise provided in divisions (B) to (J) of this section, a prosecution of any of the following offenses shall be barred unless it is commenced within twenty years after the offense is committed:
(a)
A violation of section 2903.03, 2903.04, 2905.01, 2905.32, 2907.04,
2907.05, 2907.21, 2909.02, 2909.22, 2909.23, 2909.24, 2909.26,
2909.27, 2909.28, 2909.29,
2911.01,
2911.02, 2911.11,
2911.12, 2911.03,
2911.04, or
2917.02 of the Revised Code, a
violation of division (B) of section 2909.22 of the Revised Code, a
violation of section 2903.11 or 2903.12 of the Revised Code if the
victim is a peace officer, a violation of section 2903.13 of the
Revised Code that is a felony, or a violation of former section
2907.12 of the Revised Code;
(b) A conspiracy to commit, attempt to commit, or complicity in committing a violation set forth in division (A)(3)(a) of this section.
(4) Except as otherwise provided in divisions (D) to (L) of this section, a prosecution of a violation of section 2907.011, 2907.02, or 2907.03 of the Revised Code or a conspiracy to commit, attempt to commit, or complicity in committing a violation of either section shall be barred unless it is commenced within twenty-five years after the offense is committed.
(B)(1) Except as otherwise provided in division (B)(2) of this section, if the period of limitation provided in division (A)(1) or (3) of this section has expired, prosecution shall be commenced for an offense of which an element is fraud or breach of a fiduciary duty, within one year after discovery of the offense either by an aggrieved person, or by the aggrieved person's legal representative who is not a party to the offense.
(2) If the period of limitation provided in division (A)(1) or (3) of this section has expired, prosecution for a violation of section 2913.49 of the Revised Code shall be commenced within five years after discovery of the offense either by an aggrieved person or the aggrieved person's legal representative who is not a party to the offense.
(C)(1) If the period of limitation provided in division (A)(1) or (3) of this section has expired, prosecution shall be commenced for the following offenses during the following specified periods of time:
(a) For an offense involving misconduct in office by a public servant, at any time while the accused remains a public servant, or within two years thereafter;
(b) For an offense by a person who is not a public servant but whose offense is directly related to the misconduct in office of a public servant, at any time while that public servant remains a public servant, or within two years thereafter.
(2) As used in this division:
(a) An "offense is directly related to the misconduct in office of a public servant" includes, but is not limited to, a violation of section 101.71, 101.91, 121.61 or 2921.13, division (F) or (H) of section 102.03, division (A) of section 2921.02, division (A) or (B) of section 2921.43, or division (F) or (G) of section 3517.13 of the Revised Code, that is directly related to an offense involving misconduct in office of a public servant.
(b) "Public servant" has the same meaning as in section 2921.01 of the Revised Code.
(D)(1) If a DNA record made in connection with the criminal investigation of the commission of a violation of section 2907.011, 2907.02, or 2907.03 of the Revised Code is determined to match another DNA record that is of an identifiable person and if the time of the determination is later than twenty-five years after the offense is committed, prosecution of that person for a violation of the section may be commenced within five years after the determination is complete.
(2) If a DNA record made in connection with the criminal investigation of the commission of a violation of section 2907.011, 2907.02, or 2907.03 of the Revised Code is determined to match another DNA record that is of an identifiable person and if the time of the determination is within twenty-five years after the offense is committed, prosecution of that person for a violation of the section may be commenced within the longer of twenty-five years after the offense is committed or five years after the determination is complete.
(3) As used in this division, "DNA record" has the same meaning as in section 109.573 of the Revised Code.
(E) An offense is committed when every element of the offense occurs. In the case of an offense of which an element is a continuing course of conduct, the period of limitation does not begin to run until such course of conduct or the accused's accountability for it terminates, whichever occurs first.
(F) A prosecution is commenced on the date an indictment is returned or an information filed, or on the date a lawful arrest without a warrant is made, or on the date a warrant, summons, citation, or other process is issued, whichever occurs first. A prosecution is not commenced by the return of an indictment or the filing of an information unless reasonable diligence is exercised to issue and execute process on the same. A prosecution is not commenced upon issuance of a warrant, summons, citation, or other process, unless reasonable diligence is exercised to execute the same.
(G) The period of limitation shall not run during any time when the corpus delicti remains undiscovered.
(H) The period of limitation shall not run during any time when the accused purposely avoids prosecution. Proof that the accused departed this state or concealed the accused's identity or whereabouts is prima-facie evidence of the accused's purpose to avoid prosecution.
(I) The period of limitation shall not run during any time a prosecution against the accused based on the same conduct is pending in this state, even though the indictment, information, or process that commenced the prosecution is quashed or the proceedings on the indictment, information, or process are set aside or reversed on appeal.
(J) The period of limitation for a violation of any provision of Title XXIX of the Revised Code that involves a physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of a child under eighteen years of age or of a child with a developmental disability or physical impairment under twenty-one years of age shall not begin to run until either of the following occurs:
(1) The victim of the offense reaches the age of majority.
(2) A public children services agency, or a municipal or county peace officer that is not the parent or guardian of the child, in the county in which the child resides or in which the abuse or neglect is occurring or has occurred has been notified that abuse or neglect is known, suspected, or believed to have occurred.
(K) As used in this section, "peace officer" has the same meaning as in section 2935.01 of the Revised Code.
(L) The amendments to divisions (A) and (D) of this section apply to a violation of section 2907.011, 2907.02, or 2907.03 of the Revised Code committed on and after July 16, 2015, and apply to a violation of either of those sections committed prior to July 16, 2015, if prosecution for that violation was not barred under this section as it existed on the day prior to July 16, 2015.
Sec. 2903.01. (A) No person shall purposely, and with prior calculation and design, cause the death of another or the unlawful termination of another's pregnancy.
(B)
No person shall purposely cause the death of another or the unlawful
termination of another's pregnancy while committing or attempting to
commit, or while fleeing immediately after committing or attempting
to commit, kidnapping, rape, aggravated arson, arson, aggravated
robbery, robbery, aggravated burglary, burglary, trespass in a
habitation
when
a person is present or likely to be present,
terrorism, or escape.
(C) No person shall purposely cause the death of another who is under thirteen years of age at the time of the commission of the offense.
(D) No person who is under detention as a result of having been found guilty of or having pleaded guilty to a felony or who breaks that detention shall purposely cause the death of another.
(E) No person shall purposely cause the death of a law enforcement officer whom the offender knows or has reasonable cause to know is a law enforcement officer when either of the following applies:
(1) The victim, at the time of the commission of the offense, is engaged in the victim's duties.
(2) It is the offender's specific purpose to kill a law enforcement officer.
(F) No person shall purposely cause the death of a first responder or military member whom the offender knows or has reasonable cause to know is a first responder or military member when it is the offender's specific purpose to kill a first responder or military member.
(G) Whoever violates this section is guilty of aggravated murder, and shall be punished as provided in section 2929.02 of the Revised Code.
(H) As used in this section:
(1) "Detention" has the same meaning as in section 2921.01 of the Revised Code.
(2)
"Law enforcement officer" has the same meaning as in
section 2911.01
2911.011
of
the Revised Code and also includes any federal law enforcement
officer as defined in division
(J) of section
2921.51
2921.01
of
the Revised Code and anyone who has previously served as a law
enforcement officer or federal law enforcement officer.
(3) "First responder" means an emergency medical service provider, a firefighter, or any other emergency response personnel, or anyone who has previously served as a first responder.
(4) "Military member" means a member of the armed forces of the United States, reserves, or Ohio national guard, a participant in ROTC, JROTC, or any similar military training program, or anyone who has previously served in the military.
Sec. 2903.11. (A) No person shall knowingly do either of the following:
(1) Cause serious physical harm to another or to another's unborn;
(2) Cause or attempt to cause physical harm to another or to another's unborn by means of a deadly weapon or dangerous ordnance.
(B) No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall knowingly do any of the following:
(1) Engage in sexual conduct with another person without disclosing that knowledge to the other person prior to engaging in the sexual conduct;
(2) Engage in sexual conduct with a person whom the offender knows or has reasonable cause to believe lacks the mental capacity to appreciate the significance of the knowledge that the offender has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome;
(3) Engage in sexual conduct with a person under eighteen years of age who is not the spouse of the offender.
(C) The prosecution of a person under this section does not preclude prosecution of that person under section 2907.02 of the Revised Code.
(D)(1)(a) Whoever violates this section is guilty of felonious assault. Except as otherwise provided in this division or division (D)(1)(b) of this section, felonious assault is a felony of the second degree. If the victim of a violation of division (A) of this section is a peace officer or an investigator of the bureau of criminal identification and investigation, felonious assault is a felony of the first degree.
(b)
Regardless of whether the felonious assault is a felony of the first
or second degree under division (D)(1)(a) of this section, if the
offender also is convicted of or pleads guilty to a specification as
described in section 2941.1423 of the Revised Code that was included
in the indictment, count in the indictment, or information charging
the offense, except as otherwise provided in this division or unless
a longer prison term is required under any other provision of law,
the court shall sentence the offender to a mandatory prison term as
provided in division (B)(8) of section 2929.14 of the Revised Code.
If the victim of the offense is a peace officer or an investigator of
the bureau of criminal identification and investigation, and if the
victim suffered serious physical harm as a result of the commission
of the offense, felonious assault is a felony of the first degree,
and the court, pursuant to division (F) of section 2929.13 of the
Revised Code, shall impose as a mandatory prison term one of the
definite prison terms prescribed for a felony of the first degree in
division (A)(1)(b) of section 2929.14 of the Revised Code, except
that if the violation is committed on or after
the
effective date of this amendment
March
22, 2019,
the court shall impose as the minimum prison term for the offense a
mandatory prison term that is one of the minimum terms prescribed for
a felony of the first degree in division (A)(1)(a) of section 2929.14
of the Revised Code.
(2) In addition to any other sanctions imposed pursuant to division (D)(1) of this section for felonious assault committed in violation of division (A)(1) or (2) of this section, if the offender also is convicted of or pleads guilty to a specification of the type described in section 2941.1425 of the Revised Code that was included in the indictment, count in the indictment, or information charging the offense, the court shall sentence the offender to a mandatory prison term under division (B)(9) of section 2929.14 of the Revised Code.
(3) If the victim of a felonious assault committed in violation of division (A) of this section is a child under ten years of age and if the offender also is convicted of or pleads guilty to a specification of the type described in section 2941.1426 of the Revised Code that was included in the indictment, count in the indictment, or information charging the offense, in addition to any other sanctions imposed pursuant to division (D)(1) of this section, the court shall sentence the offender to a mandatory prison term pursuant to division (B)(10) of section 2929.14 of the Revised Code.
(4) In addition to any other sanctions imposed pursuant to division (D)(1) of this section for felonious assault committed in violation of division (A)(2) of this section, if the deadly weapon used in the commission of the violation is a motor vehicle, the court shall impose upon the offender a class two suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege as specified in division (A)(2) of section 4510.02 of the Revised Code.
(E) As used in this section:
(1) "Deadly weapon" and "dangerous ordnance" have the same meanings as in section 2923.11 of the Revised Code.
(2) "Motor vehicle" has the same meaning as in section 4501.01 of the Revised Code.
(3) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
(4) "Sexual conduct" has the same meaning as in section 2907.01 of the Revised Code, except that, as used in this section, it does not include the insertion of an instrument, apparatus, or other object that is not a part of the body into the vaginal or anal opening of another, unless the offender knew at the time of the insertion that the instrument, apparatus, or other object carried the offender's bodily fluid.
(5) "Investigator of the bureau of criminal identification and investigation" means an investigator of the bureau of criminal identification and investigation who is commissioned by the superintendent of the bureau as a special agent for the purpose of assisting law enforcement officers or providing emergency assistance to peace officers pursuant to authority granted under section 109.541 of the Revised Code.
(6) "Investigator" has the same meaning as in section 109.541 of the Revised Code.
(F)
The provisions of division (D)(2) of this section and of division
(F)(20)
(F)(19)
of
section 2929.13, divisions (B)(9) and (C)(6) of section 2929.14, and
section 2941.1425 of the Revised Code shall be known as "Judy's
Law."
Sec. 2903.211. (A)(1) No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or a family or household member of the other person or cause mental distress to the other person or a family or household member of the other person. In addition to any other basis for the other person's belief that the offender will cause physical harm to the other person or the other person's family or household member or mental distress to the other person or the other person's family or household member, the other person's belief or mental distress may be based on words or conduct of the offender that are directed at or identify a corporation, association, or other organization that employs the other person or to which the other person belongs.
(2) No person, through the use of any form of written communication or any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, computer system, or telecommunication device shall post a message or use any intentionally written or verbal graphic gesture with purpose to do either of the following:
(a) Violate division (A)(1) of this section;
(b) Urge or incite another to commit a violation of division (A)(1) of this section.
(3) No person, with a sexual motivation, shall violate division (A)(1) or (2) of this section.
(B) Whoever violates this section is guilty of menacing by stalking.
(1) Except as otherwise provided in divisions (B)(2) and (3) of this section, menacing by stalking is a misdemeanor of the first degree.
(2) Menacing by stalking is a felony of the fourth degree if any of the following applies:
(a)
The offender previously has been convicted of or pleaded guilty to a
violation of this section or a violation of division
(B) of section
2911.211
2911.06
of
the Revised Code.
(b) In committing the offense under division (A)(1), (2), or (3) of this section, the offender made a threat of physical harm to or against the victim, or as a result of an offense committed under division (A)(2) or (3) of this section, a third person induced by the offender's posted message made a threat of physical harm to or against the victim.
(c) In committing the offense under division (A)(1), (2), or (3) of this section, the offender trespassed on the land or premises where the victim lives, is employed, or attends school, or as a result of an offense committed under division (A)(2) or (3) of this section, a third person induced by the offender's posted message trespassed on the land or premises where the victim lives, is employed, or attends school.
(d) The victim of the offense is a minor.
(e) The offender has a history of violence toward the victim or any other person or a history of other violent acts toward the victim or any other person.
(f) While committing the offense under division (A)(1) of this section or a violation of division (A)(3) of this section based on conduct in violation of division (A)(1) of this section, the offender had a deadly weapon on or about the offender's person or under the offender's control. Division (B)(2)(f) of this section does not apply in determining the penalty for a violation of division (A)(2) of this section or a violation of division (A)(3) of this section based on conduct in violation of division (A)(2) of this section.
(g) At the time of the commission of the offense, the offender was the subject of a protection order issued under section 2903.213 or 2903.214 of the Revised Code, regardless of whether the person to be protected under the order is the victim of the offense or another person.
(h) In committing the offense under division (A)(1), (2), or (3) of this section, the offender caused serious physical harm to the premises at which the victim resides, to the real property on which that premises is located, or to any personal property located on that premises, or, as a result of an offense committed under division (A)(2) of this section or an offense committed under division (A)(3) of this section based on a violation of division (A)(2) of this section, a third person induced by the offender's posted message caused serious physical harm to that premises, that real property, or any personal property on that premises.
(i) Prior to committing the offense, the offender had been determined to represent a substantial risk of physical harm to others as manifested by evidence of then-recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious physical harm, or other evidence of then-present dangerousness.
(3) If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer's or employee's performance or anticipated performance of official responsibilities or duties, menacing by stalking is either a felony of the fifth degree or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties, a felony of the fourth degree.
(C) Section 2919.271 of the Revised Code applies in relation to a defendant charged with a violation of this section.
(D) As used in this section:
(1) "Pattern of conduct" means two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents, or two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents, directed at one or more persons employed by or belonging to the same corporation, association, or other organization. Actions or incidents that prevent, obstruct, or delay the performance by a public official, firefighter, rescuer, emergency medical services person, or emergency facility person of any authorized act within the public official's, firefighter's, rescuer's, emergency medical services person's, or emergency facility person's official capacity, or the posting of messages, use of intentionally written or verbal graphic gestures, or receipt of information or data through the use of any form of written communication or an electronic method of remotely transferring information, including, but not limited to, a computer, computer network, computer program, computer system, or telecommunications device, may constitute a "pattern of conduct."
(2) "Mental distress" means any of the following:
(a) Any mental illness or condition that involves some temporary substantial incapacity;
(b) Any mental illness or condition that would normally require psychiatric treatment, psychological treatment, or other mental health services, whether or not any person requested or received psychiatric treatment, psychological treatment, or other mental health services.
(3) "Emergency medical services person" is the singular of "emergency medical services personnel" as defined in section 2133.21 of the Revised Code.
(4)
"Emergency facility person" is the singular of "emergency
facility personnel" as defined in section 2909.04
2909.01
of
the Revised Code.
(5) "Public official" has the same meaning as in section 2921.01 of the Revised Code.
(6) "Computer," "computer network," "computer program," "computer system," and "telecommunications device" have the same meanings as in section 2913.01 of the Revised Code.
(7) "Post a message" means transferring, sending, posting, publishing, disseminating, or otherwise communicating, or attempting to transfer, send, post, publish, disseminate, or otherwise communicate, any message or information, whether truthful or untruthful, about an individual, and whether done under one's own name, under the name of another, or while impersonating another.
(8) "Third person" means, in relation to conduct as described in division (A)(2) of this section, an individual who is neither the offender nor the victim of the conduct.
(9) "Sexual motivation" has the same meaning as in section 2971.01 of the Revised Code.
(10) "Organization" includes an entity that is a governmental employer.
(11) "Family or household member" means any of the following:
(a) Any of the following who is residing or has resided with the person against whom the act prohibited in division (A)(1) of this section is committed:
(i) A spouse, a person living as a spouse, or a former spouse of the person;
(ii) A parent, a foster parent, or a child of the person, or another person related by consanguinity or affinity to the person;
(iii) A parent or a child of a spouse, person living as a spouse, or former spouse of the person, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the person.
(b) The natural parent of any child of whom the person against whom the act prohibited in division (A)(1) of this section is committed is the other natural parent or is the putative other natural parent.
(12) "Person living as a spouse" means a person who is living or has lived with the person against whom the act prohibited in division (A)(1) of this section is committed in a common law marital relationship, who otherwise is cohabiting with that person, or who otherwise has cohabited with the person within five years prior to the date of the alleged commission of the act in question.
(E) The state does not need to prove in a prosecution under this section that a person requested or received psychiatric treatment, psychological treatment, or other mental health services in order to show that the person was caused mental distress as described in division (D)(2)(b) of this section.
(F)(1) This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person's control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection. In addition, any person providing access or connection to or from an electronic method of remotely transferring information not under that person's control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section.
(2) Division (F)(1) of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person's control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section except as otherwise provided by law.
(3) Division (F)(1) of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature.
Sec.
2903.212. (A)
Except when the complaint involves a person who is a family or
household member as defined in section 2919.25 of the Revised Code,
if a person is charged with a violation of section 2903.21, 2903.211,
or
2903.22,
or
2911.211
division
(B) of section 2911.06 of
the Revised Code, a violation of a municipal ordinance that is
substantially similar to one of those sections, or a sexually
oriented offense and if the person, at the time of the alleged
violation, was subject to the terms of any order issued pursuant to
section 2903.213, 2933.08, or 2945.04 of the Revised Code or
previously had been convicted of or pleaded guilty to a violation of
section 2903.21, 2903.211, or
2903.22,
or
2911.211
division
(B) of section 2911.06 of
the Revised Code that involves the same complainant, a violation of a
municipal ordinance that is substantially similar to one of those
sections and that involves the same complainant, or a sexually
oriented offense that involves the same complainant, the court shall
consider all of the following, in addition to any other circumstances
considered by the court and notwithstanding any provisions to the
contrary contained in Criminal Rule 46, before setting the amount and
conditions of the bail for the person:
(1) Whether the person has a history of violence toward the complainant or a history of other violent acts;
(2) The mental health of the person;
(3) Whether the person has a history of violating the orders of any court or governmental entity;
(4) Whether the person is potentially a threat to any other person;
(5) Whether setting bail at a high level will interfere with any treatment or counseling that the person is undergoing.
(B)
Any court that has jurisdiction over violations of section 2903.21,
2903.211, or
2903.22,
or
2911.211
division
(B) of section 2911.06 of
the Revised Code, violations of a municipal ordinance that is
substantially similar to one of those sections, or sexually oriented
offenses may set a schedule for bail to be used in cases involving
those violations. The schedule shall require that a judge consider
all of the factors listed in division (A) of this section and may
require judges to set bail at a certain level or impose other
reasonable conditions related to a release on bail or on recognizance
if the history of the alleged offender or the circumstances of the
alleged offense meet certain criteria in the schedule.
(C) As used in this section, "sexually oriented offense" has the same meaning as in section 2950.01 of the Revised Code.
Sec.
2903.213. (A)
Except when the complaint involves a person who is a family or
household member as defined in section 2919.25 of the Revised Code,
upon the filing of a complaint that alleges a violation of section
2903.11, 2903.12, 2903.13, 2903.21, 2903.211, or
2903.22,
or
2911.211
division
(B) of section 2911.06 of
the Revised Code, a violation of a municipal ordinance substantially
similar to section 2903.13, 2903.21, 2903.211, or
2903.22,
or
2911.211
division
(B) of section 2911.06 of
the Revised Code, or the commission of a sexually oriented offense,
the complainant, the alleged victim, or a family or household member
of an alleged victim may file a motion that requests the issuance of
a protection order as a pretrial condition of release of the alleged
offender, in addition to any bail set under Criminal Rule 46. The
motion shall be filed with the clerk of the court that has
jurisdiction of the case at any time after the filing of the
complaint. If the complaint involves a person who is a family or
household member, the complainant, the alleged victim, or the family
or household member may file a motion for a temporary protection
order pursuant to section 2919.26 of the Revised Code.
(B) A motion for a protection order under this section shall be prepared on a form that is provided by the clerk of the court, and the form shall be substantially as follows:
"Motion for Protection Order
______________________________
Name and address of court
State of Ohio
v. No. __________
_____________________________
Name of Defendant
(Name of person), moves the court to issue a protection order containing terms designed to ensure the safety and protection of the complainant or the alleged victim in the above-captioned case, in relation to the named defendant, pursuant to its authority to issue a protection order under section 2903.213 of the Revised Code.
A
complaint, a copy of which has been attached to this motion, has been
filed in this court charging the named defendant with a violation of
section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, or
2903.22,
or
2911.211
division
(B) of section 2911.06 of
the Revised Code, a violation of a municipal ordinance substantially
similar to section 2903.13, 2903.21, 2903.211, or
2903.22,
or
2911.211
division
(B) of section 2911.06 of
the Revised Code, or the commission of a sexually oriented offense.
I understand that I must appear before the court, at a time set by the court not later than the next day that the court is in session after the filing of this motion, for a hearing on the motion, and that any protection order granted pursuant to this motion is a pretrial condition of release and is effective only until the disposition of the criminal proceeding arising out of the attached complaint or until the issuance under section 2903.214 of the Revised Code of a protection order arising out of the same activities as those that were the basis of the attached complaint.
____________________________________
Signature of person
_____________________________________
Address of person"
(C)(1) As soon as possible after the filing of a motion that requests the issuance of a protection order under this section, but not later than the next day that the court is in session after the filing of the motion, the court shall conduct a hearing to determine whether to issue the order. The person who requested the order shall appear before the court and provide the court with the information that it requests concerning the basis of the motion. If the court finds that the safety and protection of the complainant or the alleged victim may be impaired by the continued presence of the alleged offender, the court may issue a protection order under this section, as a pretrial condition of release, that contains terms designed to ensure the safety and protection of the complainant or the alleged victim, including a requirement that the alleged offender refrain from entering the residence, school, business, or place of employment of the complainant or the alleged victim. The court may include within a protection order issued under this section a term requiring that the alleged offender not remove, damage, hide, harm, or dispose of any companion animal owned or possessed by the complainant or the alleged victim, and may include within the order a term authorizing the complainant or the alleged victim to remove a companion animal owned by the complainant or the alleged victim from the possession of the alleged offender.
(2)(a) If the court issues a protection order under this section that includes a requirement that the alleged offender refrain from entering the residence, school, business, or place of employment of the complainant or the alleged victim, the order shall clearly state that the order cannot be waived or nullified by an invitation to the alleged offender from the complainant, the alleged victim, or a family or household member to enter the residence, school, business, or place of employment or by the alleged offender's entry into one of those places otherwise upon the consent of the complainant, the alleged victim, or a family or household member.
(b) Division (C)(2)(a) of this section does not limit any discretion of a court to determine that an alleged offender charged with a violation of section 2919.27 of the Revised Code, with a violation of a municipal ordinance substantially equivalent to that section, or with contempt of court, which charge is based on an alleged violation of a protection order issued under this section, did not commit the violation or was not in contempt of court.
(D)(1) Except when the complaint involves a person who is a family or household member as defined in section 2919.25 of the Revised Code, upon the filing of a complaint that alleges a violation specified in division (A) of this section, the court, upon its own motion, may issue a protection order under this section as a pretrial condition of release of the alleged offender if it finds that the safety and protection of the complainant or the alleged victim may be impaired by the continued presence of the alleged offender.
(2) If the court issues a protection order under this section as an ex parte order, it shall conduct, as soon as possible after the issuance of the order but not later than the next day that the court is in session after its issuance, a hearing to determine whether the order should remain in effect, be modified, or be revoked. The hearing shall be conducted under the standards set forth in division (C) of this section.
(3) If a municipal court or a county court issues a protection order under this section and if, subsequent to the issuance of the order, the alleged offender who is the subject of the order is bound over to the court of common pleas for prosecution of a felony arising out of the same activities as those that were the basis of the complaint upon which the order is based, notwithstanding the fact that the order was issued by a municipal court or county court, the order shall remain in effect, as though it were an order of the court of common pleas, while the charges against the alleged offender are pending in the court of common pleas, for the period of time described in division (E)(2) of this section, and the court of common pleas has exclusive jurisdiction to modify the order issued by the municipal court or county court. This division applies when the alleged offender is bound over to the court of common pleas as a result of the person waiving a preliminary hearing on the felony charge, as a result of the municipal court or county court having determined at a preliminary hearing that there is probable cause to believe that the felony has been committed and that the alleged offender committed it, as a result of the alleged offender having been indicted for the felony, or in any other manner.
(E) A protection order that is issued as a pretrial condition of release under this section:
(1) Is in addition to, but shall not be construed as a part of, any bail set under Criminal Rule 46;
(2) Is effective only until the disposition, by the court that issued the order or, in the circumstances described in division (D)(3) of this section, by the court of common pleas to which the alleged offender is bound over for prosecution, of the criminal proceeding arising out of the complaint upon which the order is based or until the issuance under section 2903.214 of the Revised Code of a protection order arising out of the same activities as those that were the basis of the complaint filed under this section;
(3) Shall not be construed as a finding that the alleged offender committed the alleged offense and shall not be introduced as evidence of the commission of the offense at the trial of the alleged offender on the complaint upon which the order is based.
(F) A person who meets the criteria for bail under Criminal Rule 46 and who, if required to do so pursuant to that rule, executes or posts bond or deposits cash or securities as bail, shall not be held in custody pending a hearing before the court on a motion requesting a protection order under this section.
(G)(1) A copy of a protection order that is issued under this section shall be issued by the court to the complainant, to the alleged victim, to the person who requested the order, to the defendant, and to all law enforcement agencies that have jurisdiction to enforce the order. The court shall direct that a copy of the order be delivered to the defendant on the same day that the order is entered. If a municipal court or a county court issues a protection order under this section and if, subsequent to the issuance of the order, the defendant who is the subject of the order is bound over to the court of common pleas for prosecution as described in division (D)(3) of this section, the municipal court or county court shall direct that a copy of the order be delivered to the court of common pleas to which the defendant is bound over.
(2) All law enforcement agencies shall establish and maintain an index for the protection orders delivered to the agencies pursuant to division (G)(1) of this section. With respect to each order delivered, each agency shall note on the index the date and time of the agency's receipt of the order.
(3) Regardless of whether the petitioner has registered the protection order in the county in which the officer's agency has jurisdiction, any officer of a law enforcement agency shall enforce a protection order issued pursuant to this section in accordance with the provisions of the order.
(H) Upon a violation of a protection order issued pursuant to this section, the court may issue another protection order under this section, as a pretrial condition of release, that modifies the terms of the order that was violated.
(I)(1) Subject to division (I)(2) of this section and regardless of whether a protection order is issued or a consent agreement is approved by a court of another county or by a court of another state, no court or unit of state or local government shall charge the movant any fee, cost, deposit, or money in connection with the filing of a motion pursuant to this section, in connection with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a protection order, consent agreement, or witness subpoena or for obtaining certified copies of a protection order or consent agreement.
(2) Regardless of whether a protection order is issued or a consent agreement is approved pursuant to this section, if the defendant is convicted the court may assess costs against the defendant in connection with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a protection order, consent agreement, or witness subpoena or for obtaining a certified copy of a protection order or consent agreement.
(J) As used in this section:
(1) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised Code.
(2) "Companion animal" has the same meaning as in section 959.131 of the Revised Code.
Sec. 2903.43. (A) Each violent offender who has VOD duties imposed pursuant to section 2903.42 of the Revised Code shall enroll in the violent offender database personally with the sheriff of the county in which the violent offender resides or that sheriff's designee within the following time periods:
(1) If the person is classified a violent offender under division (A)(1) of section 2903.41 of the Revised Code and the judge sentencing the offender for the offense that so classifies the offender does not sentence the offender to a prison term, term of imprisonment, or other term of confinement in a jail, workhouse, state correctional institution, or other institution for that offense, the offender shall enroll in the violent offender database within ten days after the sentencing hearing.
(2) If the person is classified a violent offender under division (A)(2) of section 2903.41 of the Revised Code or the person is classified a violent offender under division (A)(1) of that section and division (A)(1) of this section does not apply, the offender shall enroll in the violent offender database within ten days after the violent offender is released from a jail, workhouse, state correctional institution, or other institution, unless the violent offender is being transferred to the custody of another jail, workhouse, state correctional institution, or other institution. The violent offender is not required to enroll in the violent offender database with any sheriff or designee prior to release.
(B) Each qualifying out-of-state violent offender who has VOD duties imposed pursuant to section 2903.421 of the Revised Code shall enroll in the violent offender database personally with the sheriff of the county in which the out-of-state violent offender resides or occupies a dwelling or that sheriff's designee within ten days after either of the following:
(1) Residing in or occupying a dwelling in this state, after the offender becomes aware of the database and has the duty, for more than three consecutive days;
(2) Residing in or occupying a dwelling in this state, after the offender becomes aware of the database and has the duty, for an aggregate period in a calendar year of fourteen or more days in that calendar year.
(C)(1) A violent offender or qualifying out-of-state violent offender who has VOD duties imposed pursuant to section 2903.42 or 2903.421 of the Revised Code shall enroll in the violent offender database, personally with the sheriff of the county in which the offender resides or that sheriff's designee. The enrollee shall obtain from the sheriff or designee a copy of an enrollment form prescribed by the attorney general that conforms to division (C)(2) of this section, shall complete and sign the form, and shall return to the sheriff or designee the completed and signed form together with the identification records required under division (C)(3) of this section.
(2) The enrollment form to be used under division (C)(1) of this section shall include or contain all of the following for the violent offender or qualifying out-of-state violent offender who is enrolling:
(a) The violent offender's or out-of-state violent offender's full name and any alias used;
(b) The violent offender's or out-of-state violent offender's residence address;
(c) The violent offender's or out-of-state violent offender's social security number;
(d) Any driver's license number, commercial driver's license number, or state identification card number issued to the violent offender or out-of-state violent offender by this or another state;
(e) The offense that the violent offender or out-of-state violent offender was convicted of or pleaded guilty to;
(f) The name and address of any place where the violent offender or out-of-state violent offender is employed;
(g) The name and address of any school or institution of higher education that the violent offender or out-of-state violent offender is attending;
(h) The identification license plate number of each vehicle owned or operated by the violent offender or out-of-state violent offender or registered in the violent offender's or out-of-state violent offender's name, the vehicle identification number of each vehicle, and a description of each vehicle;
(i) A description of any scars, tattoos, or other distinguishing marks on the violent offender or out-of-state violent offender.
(3) The violent offender or qualifying out-of-state violent offender who is enrolling shall provide fingerprints and palm prints at the time of enrollment. The sheriff or sheriff's designee shall obtain a photograph of the violent offender or out-of-state violent offender at the time of enrollment.
(D)(1) Each violent offender or qualifying out-of-state violent offender who has VOD duties imposed pursuant to section 2903.42 or 2903.421 of the Revised Code shall re-enroll in the violent offender database annually, in person, with the sheriff of the county in which the violent offender resides or the out-of-state violent offender resides or occupies a dwelling or that sheriff's designee within ten days prior to the anniversary of the calendar date on which the offender initially enrolled. The duty to re-enroll under this division remains in effect for the entire ten-year enrollment period of the offender. The offender shall re-enroll by completing, signing, and returning to the sheriff or designee a copy of the enrollment form prescribed by the attorney general and described in divisions (C)(1) and (2) of this section, amending any information required under division (C) of this section that has changed since the enrollee's last enrollment, and providing any additional enrollment information required by the attorney general. The sheriff or designee with whom the violent offender or qualifying out-of-state violent offender re-enrolls shall obtain a new photograph of the offender annually when the offender re-enrolls. Additionally, if the violent offender's or qualifying out-of-state violent offender's most recent enrollment or re-enrollment was with a sheriff or designee of a sheriff of a different county, as part of the duty to re-enroll, the offender shall provide written notice of the offender's change of residence address to that sheriff or a designee of that sheriff.
(2) Except as otherwise provided in this division, if a violent offender or qualifying out-of-state violent offender has VOD duties imposed pursuant to section 2903.42 or 2903.421 of the Revised Code, the offender's VOD duties shall terminate on the expiration of the ten-year enrollment period of the offender. The ten-year enrollment period may be extended, but only if the prosecutor files a motion with the court of common pleas of the county in which the violent offender resides or in which the qualifying out-of-state violent offender resides or occupies a dwelling requesting that the court extend the offender's ten-year enrollment period as specified in this division and the court makes the appropriate finding specified in this division. For a violent offender, the court may extend the offender's ten-year enrollment period only if the court finds that the offender has violated a term or condition of a sanction imposed under the offender's sentence or has been convicted of or pleaded guilty to another felony or any misdemeanor offense of violence during that enrollment period. For a qualifying out-of-state violent offender, the court may extend the offender's ten-year enrollment period only if the court finds that the offender has violated a term or condition of a sanction imposed under the offender's sentence by the court of the other jurisdiction or has been convicted of or pleaded guilty to another felony or any misdemeanor offense of violence during that enrollment period. If a court finds as described in this division that the offender has violated a term or condition of a sanction imposed under the offender's sentence or that the offender has been convicted of or pleaded guilty to another felony or any misdemeanor offense of violence during the ten-year enrollment period, the court shall issue an order that extends the VOD duties of the violent offender or qualifying out-of-state violent offender indefinitely and the offender's VOD duties shall continue indefinitely, subject to termination under section 2903.44 of the Revised Code.
If the court issues an order under this division that extends an offender's VOD duties, the court shall promptly forward a copy of the order to the bureau of criminal identification and investigation and to the prosecutor. Upon receipt of the order from the court, the bureau shall update all records pertaining to the offender to reflect the extended enrollment period. The bureau also shall provide notice of the issuance of the order to every sheriff with whom the offender has most recently enrolled or re-enrolled.
(3) The official in charge of a jail, workhouse, state correctional institution, or other institution shall notify the attorney general in accordance with rules adopted by the attorney general pursuant to Chapter 119. of the Revised Code if a violent offender or qualifying out-of-state violent offender is confined in the jail, workhouse, state correctional institution, or other institution.
(E) Each violent offender or qualifying out-of-state violent offender who has VOD duties imposed pursuant to section 2903.42 or 2903.421 of the Revised Code shall notify the sheriff with whom the offender most recently enrolled or re-enrolled or that sheriff's designee in person within three business days of a change of address that occurs during the ten-year enrollment period or extended enrollment period of the offender.
(F)(1) After a violent offender or qualifying out-of-state violent offender who has VOD duties imposed pursuant to section 2903.42 or 2903.421 of the Revised Code enrolls or re-enrolls in the violent offender database with a sheriff or a sheriff's designee pursuant to this section, the sheriff or designee shall forward the offender's signed, written enrollment form, photograph, fingerprints, palm prints, and other materials to the bureau of criminal identification and investigation in accordance with forwarding procedures adopted by the attorney general under division (G) of this section. The bureau shall include the information and materials forwarded to it under this division in the violent offender database established and maintained under division (F)(2) of this section.
(2) The bureau of criminal identification and investigation shall establish and maintain a database of violent offenders and qualifying out-of-state violent offenders that includes the information and materials the bureau receives pursuant to division (D)(1) or (F)(1) of this section. The bureau shall make the database available to federal, state, and local law enforcement officers. The database of violent offenders and qualifying out-of-state violent offenders maintained by the bureau is not a public record under section 149.43 of the Revised Code.
(3)(a) Except as otherwise provided in divisions (F)(3)(b) and (c) of this section, any statements, information, photographs, fingerprints, or materials that are provided pursuant to this section by a violent offender or qualifying out-of-state violent offender who has VOD duties imposed under section 2903.42 or 2903.421 of the Revised Code and that are in the possession of a county sheriff are public records open to public inspection under section 149.43 of the Revised Code.
(b) The following information is not a public record and shall not be open to public inspection: the social security number and any driver's license number, commercial driver's license number, or state identification card number provided to the county sheriff by a violent offender or qualifying out-of-state violent offender.
(c) A violent offender or qualifying out-of-state violent offender who has VOD duties imposed under section 2903.42 or 2903.421 of the Revised Code may file a motion with the court of common pleas in the county in which the offender resides stating that the offender fears for the offender's safety if the statements, information, photographs, fingerprints, or materials provided by the offender pursuant to this section and that are in the possession of a county sheriff are open for public inspection, and requesting the court to issue an order to ban or restrict access to those statements, photographs, fingerprints, and materials and that information. A motion filed with a court under this division shall expressly state the reasons for which the violent offender or qualifying out-of-state violent offender fears for the offender's safety, shall identify each county in which the offender has enrolled or re-enrolled, and shall provide information and materials in support of the motion. The court, upon the filing of the motion under this division, may determine whether to grant or deny the motion without a hearing or may conduct a hearing to determine whether to grant or deny the motion. The court may grant the motion if it determines, upon review of the motion, the supporting information and materials provided with the motion, and, if the court conducts a hearing, any additional information provided at the hearing, that the offender's fears for the offender's safety are valid and that the interests of justice and the offender's safety require that the motion be granted.
If the court grants the motion, the statements, information, photographs, fingerprints, or materials provided by the offender pursuant to this section and that are in the possession of a county sheriff are not public records open to public inspection under section 149.43 of the Revised Code and the court shall issue an order to that effect. A court that grants a motion and issues an order under this division shall notify the sheriff in each county in which the offender has enrolled or re-enrolled of the issuance of the order, and each of those sheriffs shall comply with the order.
(G) The attorney general shall prescribe the forms that violent offenders and qualifying out-of-state violent offenders who have VOD duties imposed under section 2903.42 or 2903.421 of the Revised Code shall use to enroll, re-enroll, and provide notice of a change of address under divisions (A) to (D) of this section. The attorney general shall adopt procedures for sheriffs to use to forward information, photographs, fingerprints, palm prints, and other materials to the bureau of criminal identification and investigation pursuant to division (F)(1) of this section.
(H)
The attorney general, in accordance with Chapter 119. of the Revised
Code, may adopt rules regarding enrollment dates different than those
prescribed in divisions (A), (B), and (D) of this section for any
violent offender or qualifying out-of-state violent offender who has
VOD duties imposed under section 2903.42 or 2903.421 of the Revised
Code and who also is an arson offender, as
defined in section 2909.13 of the Revised Code, or
a sex offender or child-victim offender, both
all
as
defined in section 2950.01 of the Revised Code.
(I)(1) No violent offender or qualifying out-of-state violent offender who has VOD duties imposed under section 2903.42 or 2903.421 of the Revised Code shall recklessly fail during the ten-year enrollment period or extended enrollment period of the offender to enroll, re-enroll, or notify the sheriff or sheriff's designee of a change of address as required by this section.
(2) Whoever violates division (I)(1) of this section is guilty of a felony of the fifth degree. If a violent offender or qualifying out-of-state violent offender who violates division (I)(1) of this section is subject to a community control sanction, is on parole, is subject to one or more post-release control sanctions, or is subject to any other type of supervised release at the time of the violation, the violation shall constitute a violation of the terms and conditions of the community control sanction, parole, post-release control sanction, or other type of supervised release.
Sec. 2905.32. (A) No person shall knowingly recruit, lure, entice, isolate, harbor, transport, provide, obtain, or maintain, or knowingly attempt to recruit, lure, entice, isolate, harbor, transport, provide, obtain, or maintain, another person if either of the following applies:
(1) The offender knows that the other person will be subjected to involuntary servitude or be compelled to engage in sexual activity for hire, engage in a performance that is obscene, sexually oriented, or nudity oriented, or be a model or participant in the production of material that is obscene, sexually oriented, or nudity oriented.
(2) The other person is less than eighteen years of age or is a person with a developmental disability whom the offender knows or has reasonable cause to believe is a person with a developmental disability, and either the offender knows that the other person will be subjected to involuntary servitude or the offender's knowing recruitment, luring, enticement, isolation, harboring, transportation, provision, obtaining, or maintenance of the other person or knowing attempt to recruit, lure, entice, isolate, harbor, transport, provide, obtain, or maintain the other person is for any of the following purposes:
(a) For the other person to engage in sexual activity for hire with one or more third parties;
(b) To engage in a performance for hire that is obscene, sexually oriented, or nudity oriented;
(c) To be a model or participant for hire in the production of material that is obscene, sexually oriented, or nudity oriented.
(B) For a prosecution under division (A)(1) of this section, the element "compelled" does not require that the compulsion be openly displayed or physically exerted. The element "compelled" has been established if the state proves that the victim's will was overcome by force, fear, duress, intimidation, or fraud.
(C) In a prosecution under this section, proof that the defendant engaged in sexual activity with any person, or solicited sexual activity with any person, whether or not for hire, without more, does not constitute a violation of this section.
(D)
A prosecution for a violation of this section does not preclude a
prosecution of a violation of any other section of the Revised Code.
One or more acts, a series of acts, or a course of behavior that can
be prosecuted under this section or any other section of the Revised
Code may be prosecuted under this section, the other section of the
Revised Code, or both sections. However, if an offender is convicted
of or pleads guilty to a violation of this section and also is
convicted of or pleads guilty to a violation of section 2907.21 of
the Revised Code based on the same conduct involving the same victim
that was the basis of the violation of this section, or is convicted
of or pleads guilty to any other violation of Chapter 2907. of the
Revised Code based on the same conduct involving the same victim that
was the basis of the violation of this section, the two offenses are
allied
offenses of similar import to
be merged under
section 2941.25 of the Revised Code.
(E) Whoever violates this section is guilty of trafficking in persons, a felony of the first degree. For a violation committed prior to March 22, 2019, notwithstanding the range of definite terms set forth in division (A)(1)(b) of section 2929.14 of the Revised Code, the court shall sentence the offender to a definite prison term of ten, eleven, twelve, thirteen, fourteen, or fifteen years. For a violation committed on or after March 22, 2019, notwithstanding the range of minimum terms set forth in division (A)(1)(a) of section 2929.14 of the Revised Code, the court shall sentence the offender to an indefinite prison term pursuant to that division, with a minimum term under that sentence of ten, eleven, twelve, thirteen, fourteen, or fifteen years.
(F) As used in this section:
(1) "Person with a developmental disability" means a person whose ability to resist or consent to an act is substantially impaired because of a mental or physical condition or because of advanced age.
(2) "Sexual activity for hire," "performance for hire," and "model or participant for hire" mean an implicit or explicit agreement to provide sexual activity, engage in an obscene, sexually oriented, or nudity oriented performance, or be a model or participant in the production of obscene, sexually oriented, or nudity oriented material, whichever is applicable, in exchange for anything of value paid to any of the following:
(a) The person engaging in such sexual activity, performance, or modeling or participation;
(b) Any person who recruits, lures, entices, isolates, harbors, transports, provides, obtains, or maintains, or attempts to recruit, lure, entice, isolate, harbor, transport, provide, obtain, or maintain the person described in division (F)(2)(a) of this section;
(c) Any person associated with a person described in division (F)(2)(a) or (b) of this section.
(3) "Material that is obscene, sexually oriented, or nudity oriented" and "performance that is obscene, sexually oriented, or nudity oriented" have the same meanings as in section 2929.01 of the Revised Code.
(4) "Third party" means, with respect to conduct described in division (A)(2)(a) of this section, any person other than the offender.
Sec. 2907.06. (A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:
(1) The offender knows that the sexual contact is offensive to the other person, or one of the other persons, or is reckless in that regard.
(2) The offender knows that the other person's, or one of the other person's, ability to appraise the nature of or control the offender's or touching person's conduct is substantially impaired.
(3) The offender knows that the other person, or one of the other persons, submits because of being unaware of the sexual contact.
(4) The other person, or one of the other persons, is thirteen years of age or older but less than sixteen years of age, whether or not the offender knows the age of such person, and the offender is at least eighteen years of age and four or more years older than such other person.
(5) The offender is a mental health professional, the other person or one of the other persons is a mental health client or patient of the offender, and the offender induces the other person who is the client or patient to submit by falsely representing to the other person who is the client or patient that the sexual contact is necessary for mental health treatment purposes.
(B) No person shall be convicted of a violation of this section solely upon the victim's testimony unsupported by other evidence.
(C) Whoever violates this section is guilty of sexual imposition, a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to a violation of this section or of section 2907.011, 2907.02, 2907.03, 2907.04, or 2907.05, or former section 2907.12 of the Revised Code, a violation of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of this section or section 2907.011, 2907.02, 2907.03, 2907.04, or 2907.05, or former section 2907.12 of the Revised Code, or of any combination of those sections, a violation of this section is a misdemeanor of the first degree and, notwithstanding the range of jail terms prescribed in section 2929.24 of the Revised Code, the court may impose on the offender a definite jail term of not more than one year.
Sec. 2907.10. (A)(1) A peace officer, prosecutor, or other public official shall not ask or require a victim of an alleged sex offense to submit to a polygraph examination as a condition for proceeding with the investigation of the alleged sex offense.
(2) The refusal of the victim of an alleged sex offense to submit to a polygraph examination shall not prevent the investigation of the alleged sex offense, the filing of criminal charges with respect to the alleged sex offense, or the prosecution of the alleged perpetrator of the alleged sex offense.
(B) As used in this section:
(1)
"Peace officer" has the same meaning as in division
(J) of section
2921.51
2921.01
of
the Revised Code.
(2) "Polygraph examination" means any mechanical or electrical instrument or device of any type used or allegedly used to examine, test, or question an individual for the purpose of determining the individual's truthfulness.
(3) "Prosecution" means the prosecution of criminal charges in a criminal prosecution or the prosecution of a delinquent child complaint in a delinquency proceeding.
(4) "Prosecutor" has the same meaning as in section 2935.01 of the Revised Code.
(5) "Public official" has the same meaning as in section 117.01 of the Revised Code.
(6) "Sex offense" means a violation of any provision of sections 2907.02 to 2907.09 of the Revised Code.
Sec.
2907.11. Upon
the request of the victim or offender in a prosecution under any
provision of sections 2907.02
2907.011
to
2907.07 of the Revised Code, the judge before whom any person is
brought on a charge of having committed an offense under a provision
of one of those sections shall order that the names of the victim and
offender and the details of the alleged offense as obtained by any
law enforcement officer be suppressed until the preliminary hearing,
the accused is arraigned in the court of common pleas, the charge is
dismissed, or the case is otherwise concluded, whichever occurs
first. Nothing in this section shall be construed to deny to either
party in the case the name and address of the other party or the
details of the alleged offense.
Sec.
2907.27. (A)(1)
If a person is charged with a violation of section 2907.011,
2907.02,
2907.03, 2907.04, 2907.24, 2907.241, or 2907.25 of the Revised Code
or with a violation of a municipal ordinance that is substantially
equivalent to any of those sections, the arresting authorities or a
court, upon
on
the
request of the prosecutor in the case or upon
on
the
request of the victim, shall cause the accused to submit to one or
more appropriate tests to determine if the accused is suffering from
a venereal disease.
(2) If the accused is found to be suffering from a venereal disease in an infectious stage, the accused shall be required to submit to medical treatment for that disease. The cost of the medical treatment shall be charged to and paid by the accused who undergoes the treatment. If the accused is indigent, the court shall order the accused to report to a facility operated by a city health district or a general health district for treatment. If the accused is convicted of or pleads guilty to the offense with which the accused is charged and is placed under a community control sanction, a condition of community control shall be that the offender submit to and faithfully follow a course of medical treatment for the venereal disease. If the offender does not seek the required medical treatment, the court may revoke the offender's community control and order the offender to undergo medical treatment during the period of the offender's incarceration and to pay the cost of that treatment.
(B)(1)(a)
If a person is charged with a violation of division (B) of section
2903.11 or of section 2907.011,
2907.02,
2907.03, 2907.04, 2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of
the Revised Code, with a violation of a municipal ordinance that is
substantially equivalent to that division or any of those sections,
or with a violation of a statute or municipal ordinance in which by
force or threat of force the accused compelled the victim to engage
in sexual activity, the court, upon
on
the
request of the prosecutor in the case, upon
on
the
request of the victim, or upon
on
the
request of any other person whom the court reasonably believes had
contact with the accused in circumstances related to the violation
that could have resulted in the transmission to that person of the
human immunodeficiency virus, shall cause the accused to submit to
one or more tests designated by the director of health under section
3701.241 of the Revised Code to determine if the accused is infected
with HIV. The court shall cause the accused to submit to the test or
tests within forty-eight hours after the indictment, information, or
complaint is presented. The court shall order follow-up tests for HIV
as may be medically appropriate.
(b)
The court, upon
on
the
request of the prosecutor in the case, upon
on
the
request of the victim with the agreement of the prosecutor, or upon
on
the
request of any other person with the agreement of the prosecutor, may
cause an accused who is charged with a violation of any division or
section of the Revised Code or any municipal ordinance not described
in division (B)(1)(a) of this section to submit to one or more tests
so designated by the director of health if the circumstances of the
violation indicate probable cause to believe that the accused, if the
accused is infected with HIV, might have transmitted HIV to any of
the following persons in committing the violation:
(i) In relation to a request made by the prosecuting attorney, to the victim or to any other person;
(ii) In relation to a request made by the victim, to the victim making the request;
(iii) In relation to a request made by any other person, to the person making the request.
(c) The results of a test conducted under division (B)(1)(a) of this section shall be provided as soon as practicable to the victim, or the parent or guardian of the victim, and the accused. The results of any follow-up test conducted under that division also shall be provided as soon as practicable to the victim, or the parent or guardian of the victim, and the accused. The results of a test performed under division (B)(1)(b) of this section shall be communicated in confidence to the court, the court shall inform the accused of the result, and the court shall inform the victim that the test was performed and that the victim has a right to receive the results on request. Additionally, for a test under either division (B)(1)(a) or (b) of this section, all of the following apply:
(i)
If the test was performed upon
on
the
request of a person other than the prosecutor in the case and other
than the victim, the court shall inform the person who made the
request that the test was performed and that the person has a right
to receive the results upon
on
request.
(ii) Regardless of who made the request that was the basis of the test being performed, if the court reasonably believes that, in circumstances related to the violation, a person other than the victim had contact with the accused that could have resulted in the transmission of HIV to that person, the court may inform that person that the test was performed and that the person has a right to receive the results of the test on request.
(iii) If the accused tests positive for HIV, the test results shall be reported to the department of health in accordance with section 3701.24 of the Revised Code and to the sheriff, head of the state correctional institution, or other person in charge of any jail or prison in which the accused is incarcerated.
(iv) If the accused tests positive for HIV and the accused was charged with, and was convicted of or pleaded guilty to, a violation of section 2907.24, 2907.241, or 2907.25 of the Revised Code or a violation of a municipal ordinance that is substantially equivalent to any of those sections, the test results also shall be reported to the law enforcement agency that arrested the accused, and the law enforcement agency may use the test results as the basis for any future charge of a violation of division (B) of any of those sections or a violation of a municipal ordinance that is substantially equivalent to division (B) of any of those sections.
(v) Except as otherwise provided in the first paragraph in division (B)(1)(c) of this section or in division (B)(1)(c)(i), (ii), (iii), or (iv) of this section, no disclosure of the test results or the fact that a test was performed shall be made, other than as evidence in a grand jury proceeding or as evidence in a judicial proceeding in accordance with the Rules of Evidence.
(vi) If the test result is negative, and the charge has not been dismissed or if the accused has been convicted of the charge or a different offense arising out of the same circumstances as the offense charged, the court shall order that the test be repeated not earlier than three months nor later than six months after the original test.
(2)
If an accused who is free on bond refuses to submit to a test ordered
by the court pursuant
to under
division
(B)(1) of this section, the court may order that the accused's bond
be revoked and that the accused be incarcerated until the test is
performed. If an accused who is incarcerated refuses to submit to a
test ordered by the court pursuant
to under
division
(B)(1) of this section, the court shall order the person in charge of
the jail or prison in which the accused is incarcerated to take any
action necessary to facilitate the performance of the test, including
the forcible restraint of the accused for the purpose of drawing
blood to be used in the test.
(3) A state agency, a political subdivision of the state, or an employee of a state agency or of a political subdivision of the state is immune from liability in a civil action to recover damages for injury, death, or loss to person or property allegedly caused by any act or omission in connection with the performance of the duties required under division (B)(2) of this section unless the acts or omissions are with malicious purpose, in bad faith, or in a wanton or reckless manner.
(C) Nothing in this section shall be construed to prevent a court in which a person is charged with any offense specified in division (A)(1) or (B)(1)(a) of this section from ordering at any time during which the complaint, information, or indictment is pending, that the accused submit to one or more appropriate tests to determine if the accused is suffering from a venereal disease or from HIV.
(D) As used in this section:
(1) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.
(2) "HIV" means the human immunodeficiency virus.
Sec.
2907.28. (A)
Any cost incurred by a hospital or emergency medical facility in
conducting a medical examination of a victim of an offense under any
provision of sections 2907.02
2907.011
to
2907.06 of the Revised Code for the purpose of gathering physical
evidence for a possible prosecution, including the cost of any
antibiotics administered as part of the examination and the cost of
HIV post-exposure prophylaxis provided as part of the examination,
shall be paid out of the reparations fund established pursuant to
section 2743.191 of the Revised Code, subject to the following
conditions:
(1)
The hospital or emergency facility shall follow a protocol for
conducting such medical examinations that is identified by the
attorney general in rulerules
adopted
in accordance with Chapter 119. of the Revised Code.
(2) The hospital or emergency facility shall submit requests for payment to the attorney general on a monthly basis, through a procedure determined by the attorney general and on forms approved by the attorney general. The requests shall identify the number of sexual assault examinations performed and the number of sexual assault examinations in which HIV post-exposure prophylaxis was provided and shall verify that all required protocols were met for each examination form submitted for payment in the request.
(3) The attorney general shall review all requests for payment that are submitted under division (A)(2) of this section and shall submit for payment as described in division (A)(5) of this section all requests that meet the requirements of this section.
(4)(a)
The hospital or emergency facility shall accept a flat fee payment
for conducting each examination in the amount determined by the
attorney general pursuant to Chapter 119. of the Revised Code as
payment in full for any cost incurred in conducting a medical
examination and test of a victim of an offense under any provision of
sections 2907.02
2907.011
to
2907.06 of the Revised Code for the purpose of gathering physical
evidence for a possible prosecution of a person, other than the cost
of providing HIV post-exposure prophylaxis. The attorney general
shall determine a flat fee payment amount to be paid under this
division that is reasonable.
(b)
The hospital or emergency facility shall accept a flat fee payment
for providing HIV post-exposure prophylaxis in the amount determined
by the attorney general pursuant to Chapter 119. of the Revised Code
as payment in full for any cost incurred in providing HIV
post-exposure prophylaxis while conducting a medical examination and
test of a victim of an offense under any provision of sections
2907.02
2907.011
to
2907.06 of the Revised Code for the purpose of gathering physical
evidence for a possible prosecution of a person. The attorney general
shall determine a reasonable flat fee payment amount to be paid under
this division.
(5) In approving a payment under this section, the attorney general shall order the payment against the state. The payment shall be accomplished only through the following procedure, and the procedure may be enforced through a mandamus action and a writ of mandamus directed to the appropriate official:
(a) The attorney general shall provide for payment in the amount set forth in the order.
(b) The expense of the payment of the amount described in this section shall be charged against all available unencumbered moneys in the reparations fund.
(B)
No costs incurred by a hospital or emergency facility in conducting a
medical examination and test of any victim of an offense under any
provision of sections 2907.02
2907.011
to
2907.06 of the Revised Code for the purpose of gathering physical
evidence for a possible prosecution of a person shall be billed or
charged directly or indirectly to the victim or the victim's insurer.
(C) Any cost incurred by a hospital or emergency medical facility in conducting a medical examination and test of any person who is charged with a violation of division (B) of section 2903.11 or of section 2907.011, 2907.02, 2907.03, 2907.04, 2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised Code, with a violation of a municipal ordinance that is substantially equivalent to that division or any of those sections, or with a violation of a statute or municipal ordinance under which by force or threat of force the accused compelled the victim to engage in sexual activity, pursuant to division (B) of section 2907.27 of the Revised Code, shall be charged to and paid by the accused who undergoes the examination and test, unless the court determines that the accused is unable to pay, in which case the cost shall be charged to and paid by the municipal corporation in which the offense allegedly was committed, or charged to and paid by the county if the offense allegedly was committed within an unincorporated area. If separate counts of an alleged offense or alleged separate offenses under division (B) of section 2903.11 or section 2907.011, 2907.02, 2907.03, 2907.04, 2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised Code, under a municipal ordinance that is substantially equivalent to that division or any of those sections, or under a statute or municipal ordinance in violation of which by force or threat of force the accused compelled the victim to engage in sexual activity took place in more than one municipal corporation or more than one unincorporated area, or both, the local governments shall share the cost of the examination and test. If a hospital or other emergency medical facility has submitted charges for the cost of a medical examination and test to an accused and has been unable to collect payment for the charges after making good faith attempts to collect for a period of six months or more, the cost shall be charged to and paid by the appropriate municipal corporation or county as specified in division (C) of this section.
(D) As used in this section:
(1) "AIDS" and "HIV" have the same meanings as in section 3701.24 of the Revised Code.
(2) "HIV post-exposure prophylaxis" means the administration of medicines to prevent AIDS or HIV infection following exposure to HIV.
Sec.
2907.29. Every
hospital of this state that offers organized emergency services shall
provide that a physician, a physician assistant, a clinical nurse
specialist, a certified nurse practitioner, or a certified
nurse-midwife is available on call twenty-four hours each day for the
examination of persons reported to any law enforcement agency to be
victims of sexual offenses cognizable as violations of any provision
of sections 2907.02
2907.011
to
2907.06 of the Revised Code. The physician, physician assistant,
clinical nurse specialist, certified nurse practitioner, or certified
nurse-midwife, upon
on
the
request of any peace officer or prosecuting attorney and with the
consent of the reported victim or upon
on
the
request of the reported victim, shall examine the person for the
purposes of gathering physical evidence and shall complete any
written documentation of the physical examination. The director of
health shall establish procedures for gathering evidence under this
section.
Each reported victim shall be informed of available venereal disease, pregnancy, medical, and psychiatric services.
Notwithstanding any other provision of law, a minor may consent to examination under this section. The consent is not subject to disaffirmance because of minority, and consent of the parent, parents, or guardian of the minor is not required for an examination under this section. However, the hospital shall give written notice to the parent, parents, or guardian of a minor that an examination under this section has taken place. The parent, parents, or guardian of a minor giving consent under this section are not liable for payment for any services provided under this section without their consent.
Sec. 2907.30. (A) A victim of a sexual offense cognizable as a violation of section 2907.011 or 2907.02 of the Revised Code who is interviewed by a law enforcement agency shall be interviewed by a peace officer employed by the agency who has had crisis intervention training, if any of the peace officers employed by the agency who have had crisis intervention training is reasonably available.
(B) When a person is charged with a violation of section 2907.011, 2907.02, 2907.03, 2907.04, 2907.05, or 2907.06 of the Revised Code and the law enforcement agency that arrested the person or a court discovers that the person arrested or a person whom the person arrested caused to engage in sexual activity has a communicable disease, the law enforcement agency that arrested the person or the court immediately shall notify the victim of the nature of the disease.
(C) As used in this section, "crisis intervention training" has the same meaning as in section 109.71 of the Revised Code.
Sec. 2919.123. (A) No person shall knowingly give, sell, dispense, administer, or otherwise provide RU-486 (mifepristone) to another for the purpose of inducing an abortion in any person or enabling the other person to induce an abortion in any person, unless the person who gives, sells, dispenses, administers, or otherwise provides the RU-486 (mifepristone) is a physician, the physician satisfies all the criteria established by federal law that a physician must satisfy in order to provide RU-486 (mifepristone) for inducing abortions, and the physician provides the RU-486 (mifepristone) to the other person for the purpose of inducing an abortion in accordance with all provisions of federal law that govern the use of RU-486 (mifepristone) for inducing abortions. A person who gives, sells, dispenses, administers, or otherwise provides RU-486 (mifepristone) to another as described in division (A) of this section shall not be prosecuted based on a violation of the criteria contained in this division unless the person knows that the person is not a physician, that the person did not satisfy all the specified criteria established by federal law, or that the person did not provide the RU-486 (mifepristone) in accordance with the specified provisions of federal law, whichever is applicable.
(B) No physician who provides RU-486 (mifepristone) to another for the purpose of inducing an abortion as authorized under division (A) of this section shall knowingly fail to comply with the applicable requirements of any federal law that pertain to follow-up examinations or care for persons to whom or for whom RU-486 (mifepristone) is provided for the purpose of inducing an abortion.
(C)(1) If a physician provides RU-486 (mifepristone) to another for the purpose of inducing an abortion as authorized under division (A) of this section and if the physician knows that the person who uses the RU-486 (mifepristone) for the purpose of inducing an abortion experiences during or after the use an incomplete abortion, severe bleeding, or an adverse reaction to the RU-486 (mifepristone) or is hospitalized, receives a transfusion, or experiences any other serious event, the physician promptly must provide a written report of the incomplete abortion, severe bleeding, adverse reaction, hospitalization, transfusion, or serious event to the state medical board. The board shall compile and retain all reports it receives under this division. Except as otherwise provided in this division, all reports the board receives under this division are public records open to inspection under section 149.43 of the Revised Code. In no case shall the board release to any person the name or any other personal identifying information regarding a person who uses RU-486 (mifepristone) for the purpose of inducing an abortion and who is the subject of a report the board receives under this division.
(2) No physician who provides RU-486 (mifepristone) to another for the purpose of inducing an abortion as authorized under division (A) of this section shall knowingly fail to file a report required under division (C)(1) of this section.
(D) Division (A) of this section does not apply to any of the following:
(1) A pregnant woman who obtains or possesses RU-486 (mifepristone) for the purpose of inducing an abortion to terminate her own pregnancy;
(2) The legal transport of RU-486 (mifepristone) by any person or entity and the legal delivery of the RU-486 (mifepristone) by any person to the recipient, provided that this division does not apply regarding any conduct related to the RU-486 (mifepristone) other than its transport and delivery to the recipient;
(3) The distribution, provision, or sale of RU-486 (mifepristone) by any legal manufacturer or distributor of RU-486 (mifepristone), provided the manufacturer or distributor made a good faith effort to comply with any applicable requirements of federal law regarding the distribution, provision, or sale.
(E) Whoever violates this section is guilty of unlawful distribution of an abortion-inducing drug, a felony of the fourth degree. If the offender previously has been convicted of or pleaded guilty to a violation of this section or of section 2919.12, 2919.121, 2919.13, 2919.14, 2919.15, 2919.151, 2919.17, or 2919.18 of the Revised Code, unlawful distribution of an abortion-inducing drug is a felony of the third degree.
If the offender is a professionally licensed person, in addition to any other sanction imposed by law for the offense, the offender is subject to sanctioning as provided by law by the regulatory or licensing board or agency that has the administrative authority to suspend or revoke the offender's professional license, including the sanctioning provided in section 4731.22 of the Revised Code for offenders who have a certificate to practice or certificate of registration issued under that chapter.
(F) As used in this section:
(1) "Federal law" means any law, rule, or regulation of the United States or any drug approval letter of the food and drug administration of the United States that governs or regulates the use of RU-486 (mifepristone) for the purpose of inducing abortions.
(2)
"Personal identifying information" has the same meaning as
in division
(L) of section
2913.49
2913.01
of
the Revised Code.
(3) "Physician" has the same meaning as in section 2305.113 of the Revised Code.
(4) "Professionally licensed person" has the same meaning as in section 2925.01 of the Revised Code.
Sec. 2919.25. (A) No person shall knowingly cause or attempt to cause physical harm to a family or household member.
(B) No person shall recklessly cause serious physical harm to a family or household member.
(C) No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.
(D)(1) Whoever violates this section is guilty of domestic violence, and the court shall sentence the offender as provided in divisions (D)(2) to (6) of this section.
(2) Except as otherwise provided in divisions (D)(3) to (5) of this section, a violation of division (C) of this section is a misdemeanor of the fourth degree, and a violation of division (A) or (B) of this section is a misdemeanor of the first degree.
(3)
Except as otherwise provided in division (D)(4) of this section, if
the offender previously has pleaded guilty to or been convicted of
domestic violence, a violation of an existing or former municipal
ordinance or law of this or any other state or the United States that
is substantially similar to domestic violence, a violation of section
2903.14, 2909.06,
2909.07, 2911.12, 2911.211, 2911.04,
or
2919.22,
of division (A)(1), (A)(2), (A)(6), (B), or (C) of section 2909.05,
of division (C) of section 2909.08, or division (B) of section
2911.06
of
the Revised Code if the victim of the violation was a family or
household member at the time of the violation, a violation of an
existing or former municipal ordinance or law of this or any other
state or the United States that is substantially similar to any of
those sections if the victim of the violation was a family or
household member at the time of the commission of the violation, or
any offense of violence if the victim of the offense was a family or
household member at the time of the commission of the offense, a
violation of division (A) or (B) of this section is a felony of the
fourth degree, and, if the offender knew that the victim of the
violation was pregnant at the time of the violation, the court shall
impose a mandatory prison term on the offender pursuant to division
(D)(6) of this section, and a violation of division (C) of this
section is a misdemeanor of the second degree.
(4) If the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence or two or more violations or offenses of the type described in division (D)(3) of this section involving a person who was a family or household member at the time of the violations or offenses, a violation of division (A) or (B) of this section is a felony of the third degree, and, if the offender knew that the victim of the violation was pregnant at the time of the violation, the court shall impose a mandatory prison term on the offender pursuant to division (D)(6) of this section, and a violation of division (C) of this section is a misdemeanor of the first degree.
(5) Except as otherwise provided in division (D)(3) or (4) of this section, if the offender knew that the victim of the violation was pregnant at the time of the violation, a violation of division (A) or (B) of this section is a felony of the fifth degree, and the court shall impose a mandatory prison term on the offender pursuant to division (D)(6) of this section, and a violation of division (C) of this section is a misdemeanor of the third degree.
(6) If division (D)(3), (4), or (5) of this section requires the court that sentences an offender for a violation of division (A) or (B) of this section to impose a mandatory prison term on the offender pursuant to this division, the court shall impose the mandatory prison term as follows:
(a) If the violation of division (A) or (B) of this section is a felony of the fourth or fifth degree, except as otherwise provided in division (D)(6)(b) or (c) of this section, the court shall impose a mandatory prison term on the offender of at least six months.
(b) If the violation of division (A) or (B) of this section is a felony of the fifth degree and the offender, in committing the violation, caused serious physical harm to the pregnant woman's unborn or caused the termination of the pregnant woman's pregnancy, the court shall impose a mandatory prison term on the offender of twelve months.
(c) If the violation of division (A) or (B) of this section is a felony of the fourth degree and the offender, in committing the violation, caused serious physical harm to the pregnant woman's unborn or caused the termination of the pregnant woman's pregnancy, the court shall impose a mandatory prison term on the offender of at least twelve months.
(d) If the violation of division (A) or (B) of this section is a felony of the third degree, except as otherwise provided in division (D)(6)(e) of this section and notwithstanding the range of definite prison terms prescribed in division (A)(3) of section 2929.14 of the Revised Code for a felony of the third degree, the court shall impose a mandatory prison term on the offender of either a definite term of six months or one of the prison terms prescribed in division (A)(3)(b) of section 2929.14 of the Revised Code for felonies of the third degree.
(e) If the violation of division (A) or (B) of this section is a felony of the third degree and the offender, in committing the violation, caused serious physical harm to the pregnant woman's unborn or caused the termination of the pregnant woman's pregnancy, notwithstanding the range of definite prison terms prescribed in division (A)(3) of section 2929.14 of the Revised Code for a felony of the third degree, the court shall impose a mandatory prison term on the offender of either a definite term of one year or one of the prison terms prescribed in division (A)(3)(b) of section 2929.14 of the Revised Code for felonies of the third degree.
(E) Notwithstanding any provision of law to the contrary, no court or unit of state or local government shall charge any fee, cost, deposit, or money in connection with the filing of charges against a person alleging that the person violated this section or a municipal ordinance substantially similar to this section or in connection with the prosecution of any charges so filed.
(F) As used in this section and sections 2919.251 and 2919.26 of the Revised Code:
(1) "Family or household member" means any of the following:
(a) Any of the following who is residing or has resided with the offender:
(i) A spouse, a person living as a spouse, or a former spouse of the offender;
(ii) A parent, a foster parent, or a child of the offender, or another person related by consanguinity or affinity to the offender;
(iii) A parent or a child of a spouse, person living as a spouse, or former spouse of the offender, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the offender.
(b) The natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent.
(2) "Person living as a spouse" means a person who is living or has lived with the offender in a common law marital relationship, who otherwise is cohabiting with the offender, or who otherwise has cohabited with the offender within five years prior to the date of the alleged commission of the act in question.
(3) "Pregnant woman's unborn" has the same meaning as "such other person's unborn," as set forth in section 2903.09 of the Revised Code, as it relates to the pregnant woman. Division (C) of that section applies regarding the use of the term in this section, except that the second and third sentences of division (C)(1) of that section shall be construed for purposes of this section as if they included a reference to this section in the listing of Revised Code sections they contain.
(4) "Termination of the pregnant woman's pregnancy" has the same meaning as "unlawful termination of another's pregnancy," as set forth in section 2903.09 of the Revised Code, as it relates to the pregnant woman. Division (C) of that section applies regarding the use of the term in this section, except that the second and third sentences of division (C)(1) of that section shall be construed for purposes of this section as if they included a reference to this section in the listing of Revised Code sections they contain.
Sec. 2919.251. (A) Subject to division (D) of this section, a person who is charged with the commission of any offense of violence shall appear before the court for the setting of bail if the alleged victim of the offense charged was a family or household member at the time of the offense and if any of the following applies:
(1)
The person charged, at the time of the alleged offense, was subject
to the terms of a protection order issued or consent agreement
approved pursuant to section 2919.26 or 3113.31 of the Revised Code
or previously was convicted of or pleaded guilty to a violation of
section 2919.25 of the Revised Code or a violation of section 2919.27
of the Revised Code involving a protection order or consent agreement
of that type, a violation of an existing or former municipal
ordinance or law of this or any other state or the United States that
is substantially similar to either section, a violation of section
2909.06,
2909.07, 2911.12, or 2911.211 2911.04,
division (A)(1), (A)(2), (A)(6), (B), or (C) of section 2909.05,
division (C) of section 2909.08, or division (B) of section 2911.06
of
the Revised Code if the victim of the violation was a family or
household member at the time of the violation,
a
violation of an existing or former municipal ordinance or law of this
or any other state or the United States that is substantially similar
to any of those sections if the victim of the violation was a family
or household member at the time of the commission of the violation,
or any offense of violence if the victim of the offense was a family
or household member at the time of the offense;
(2) The arresting officer indicates in a police report or other document accompanying the complaint any of the following:
(a) That the arresting officer observed on the alleged victim objective manifestations of physical harm that the arresting officer reasonably believes are a result of the alleged offense;
(b) That the arresting officer reasonably believes that the person had on the person's person at the time of the alleged offense a deadly weapon or dangerous ordnance;
(c) That the arresting officer reasonably believes that the person presents a credible threat of serious physical harm to the alleged victim or to any other person if released on bail before trial.
(B) To the extent that information about any of the following is available to the court, the court shall consider all of the following, in addition to any other circumstances considered by the court and notwithstanding any provisions to the contrary contained in Criminal Rule 46, before setting bail for a person who appears before the court pursuant to division (A) of this section:
(1) Whether the person has a history of domestic violence or a history of other violent acts;
(2) The mental health of the person;
(3) Whether the person has a history of violating the orders of any court or governmental entity;
(4) Whether the person is potentially a threat to any other person;
(5) Whether the person has access to deadly weapons or a history of using deadly weapons;
(6) Whether the person has a history of abusing alcohol or any controlled substance;
(7) The severity of the alleged violence that is the basis of the offense, including but not limited to, the duration of the alleged violent incident, and whether the alleged violent incident involved serious physical injury, sexual assault, strangulation, abuse during the alleged victim's pregnancy, abuse of pets, or forcible entry to gain access to the alleged victim;
(8) Whether a separation of the person from the alleged victim or a termination of the relationship between the person and the alleged victim has recently occurred or is pending;
(9) Whether the person has exhibited obsessive or controlling behaviors toward the alleged victim, including but not limited to, stalking, surveillance, or isolation of the alleged victim;
(10) Whether the person has expressed suicidal or homicidal ideations;
(11) Any information contained in the complaint and any police reports, affidavits, or other documents accompanying the complaint.
(C) Any court that has jurisdiction over charges alleging the commission of an offense of violence in circumstances in which the alleged victim of the offense was a family or household member at the time of the offense may set a schedule for bail to be used in cases involving those offenses. The schedule shall require that a judge consider all of the factors listed in division (B) of this section and may require judges to set bail at a certain level if the history of the alleged offender or the circumstances of the alleged offense meet certain criteria in the schedule.
(D)(1) Upon the court's own motion or the motion of a party and upon any terms that the court may direct, a court may permit a person who is required to appear before it by division (A) of this section to appear by video conferencing equipment.
(2) If in the opinion of the court the appearance in person or by video conferencing equipment of a person who is charged with a misdemeanor and who is required to appear before the court by division (A) of this section is not practicable, the court may waive the appearance and release the person on bail in accordance with the court's schedule for bail set under division (C) of this section or, if the court has not set a schedule for bail under that division, on one or both of the following types of bail in an amount set by the court:
(a) A bail bond secured by a deposit of ten per cent of the amount of the bond in cash;
(b) A surety bond, a bond secured by real estate or securities as allowed by law, or the deposit of cash, at the option of the person.
(3) Division (A) of this section does not create a right in a person to appear before the court for the setting of bail or prohibit a court from requiring any person charged with an offense of violence who is not described in that division from appearing before the court for the setting of bail.
(E) As used in this section:
(1) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code.
(2) "Dangerous ordnance" and "deadly weapon" have the same meanings as in section 2923.11 of the Revised Code.
Sec.
2919.26. (A)(1)
Upon the filing of a complaint that alleges a violation of section
2909.06,
2909.07, 2911.12, or 2911.211 2911.04,
division (A)(1), (A)(2), (A)(6), (B), or (C) of section 2909.05,
division (C) of section 2909.08, or division (B) of section 2911.06
of
the Revised Code if the alleged victim of the violation was a family
or household member at the time of the violation, a violation of a
municipal ordinance that is substantially similar to any of those
sections if the alleged victim of the violation was a family or
household member at the time of the violation, any offense of
violence if the alleged victim of the offense was a family or
household member at the time of the commission of the offense, or any
sexually oriented offense if the alleged victim of the offense was a
family or household member at the time of the commission of the
offense, the complainant, the alleged victim, or a family or
household member of an alleged victim may file, or, if in an
emergency the alleged victim is unable to file, a person who made an
arrest for the alleged violation or offense under section 2935.03 of
the Revised Code may file on behalf of the alleged victim, a motion
that requests the issuance of a temporary protection order as a
pretrial condition of release of the alleged offender, in addition to
any bail set under Criminal Rule 46. The motion shall be filed with
the clerk of the court that has jurisdiction of the case at any time
after the filing of the complaint.
(2) For purposes of section 2930.09 of the Revised Code, all stages of a proceeding arising out of a complaint alleging the commission of a violation, offense of violence, or sexually oriented offense described in division (A)(1) of this section, including all proceedings on a motion for a temporary protection order, are critical stages of the case, and a victim may be accompanied by a victim advocate or another person to provide support to the victim as provided in that section.
(B) The motion shall be prepared on a form that is provided by the clerk of the court, which form shall be substantially as follows:
"MOTION FOR TEMPORARY PROTECTION ORDER
__________________________ Court
Name and address of court
State of Ohio
v. No. ____
_________________________
Name of Defendant
(name of person), moves the court to issue a temporary protection order containing terms designed to ensure the safety and protection of the complainant, alleged victim, and other family or household members, in relation to the named defendant, pursuant to its authority to issue such an order under section 2919.26 of the Revised Code.
A complaint, a copy of which has been attached to this motion, has been filed in this court charging the named defendant with __________________________ (name of the specified violation, the offense of violence, or sexually oriented offense charged) in circumstances in which the victim was a family or household member in violation of (section of the Revised Code designating the specified violation, offense of violence, or sexually oriented offense charged), or charging the named defendant with a violation of a municipal ordinance that is substantially similar to ________________________ (section of the Revised Code designating the specified violation, offense of violence, or sexually oriented offense charged) involving a family or household member.
I understand that I must appear before the court, at a time set by the court within twenty-four hours after the filing of this motion, for a hearing on the motion or that, if I am unable to appear because of hospitalization or a medical condition resulting from the offense alleged in the complaint, a person who can provide information about my need for a temporary protection order must appear before the court in lieu of my appearing in court. I understand that any temporary protection order granted pursuant to this motion is a pretrial condition of release and is effective only until the disposition of the criminal proceeding arising out of the attached complaint, or the issuance of a civil protection order or the approval of a consent agreement, arising out of the same activities as those that were the basis of the complaint, under section 3113.31 of the Revised Code.
__________________________________________
Signature of person
(or signature of the arresting officer who filed the motion on behalf of the alleged victim)
__________________________________________
Address of person (or office address of the arresting officer who filed the motion on behalf of the alleged victim)"
(C)(1) As soon as possible after the filing of a motion that requests the issuance of a temporary protection order, but not later than twenty-four hours after the filing of the motion, the court shall conduct a hearing to determine whether to issue the order. The person who requested the order shall appear before the court and provide the court with the information that it requests concerning the basis of the motion. If the person who requested the order is unable to appear and if the court finds that the failure to appear is because of the person's hospitalization or medical condition resulting from the offense alleged in the complaint, another person who is able to provide the court with the information it requests may appear in lieu of the person who requested the order. If the court finds that the safety and protection of the complainant, alleged victim, or any other family or household member of the alleged victim may be impaired by the continued presence of the alleged offender, the court may issue a temporary protection order, as a pretrial condition of release, that contains terms designed to ensure the safety and protection of the complainant, alleged victim, or the family or household member, including a requirement that the alleged offender refrain from entering the residence, school, business, or place of employment of the complainant, alleged victim, or the family or household member. The court may include within a protection order issued under this section a term requiring that the alleged offender not remove, damage, hide, harm, or dispose of any companion animal owned or possessed by the complainant, alleged victim, or any other family or household member of the alleged victim, and may include within the order a term authorizing the complainant, alleged victim, or other family or household member of the alleged victim to remove a companion animal owned by the complainant, alleged victim, or other family or household member from the possession of the alleged offender.
(2)(a) If the court issues a temporary protection order that includes a requirement that the alleged offender refrain from entering the residence, school, business, or place of employment of the complainant, the alleged victim, or the family or household member, the order shall state clearly that the order cannot be waived or nullified by an invitation to the alleged offender from the complainant, alleged victim, or family or household member to enter the residence, school, business, or place of employment or by the alleged offender's entry into one of those places otherwise upon the consent of the complainant, alleged victim, or family or household member.
(b) Division (C)(2)(a) of this section does not limit any discretion of a court to determine that an alleged offender charged with a violation of section 2919.27 of the Revised Code, with a violation of a municipal ordinance substantially equivalent to that section, or with contempt of court, which charge is based on an alleged violation of a temporary protection order issued under this section, did not commit the violation or was not in contempt of court.
(D)(1)
Upon the filing of a complaint that alleges a violation of section
2909.06,
2909.07, 2911.12, or 2911.211 2911.04,
division (A)(1), (A)(2), (A)(6), (B), or (C) of section 2909.05,
division (C) of section 2909.08, or division (B) of section 2911.06
of
the Revised Code if the alleged victim of the violation was a family
or household member at the time of the violation, a violation of a
municipal ordinance that is substantially similar to any of those
sections if the alleged victim of the violation was a family or
household member at the time of the violation, any offense of
violence if the alleged victim of the offense was a family or
household member at the time of the commission of the offense, or any
sexually oriented offense if the alleged victim of the offense was a
family or household member at the time of the commission of the
offense, the court, upon its own motion, may issue a temporary
protection order as a pretrial condition of release if it finds that
the safety and protection of the complainant, alleged victim, or
other family or household member of the alleged offender may be
impaired by the continued presence of the alleged offender.
(2) If the court issues a temporary protection order under this section as an ex parte order, it shall conduct, as soon as possible after the issuance of the order, a hearing in the presence of the alleged offender not later than the next day on which the court is scheduled to conduct business after the day on which the alleged offender was arrested or at the time of the appearance of the alleged offender pursuant to summons to determine whether the order should remain in effect, be modified, or be revoked. The hearing shall be conducted under the standards set forth in division (C) of this section.
(3) An order issued under this section shall contain only those terms authorized in orders issued under division (C) of this section.
(4) If a municipal court or a county court issues a temporary protection order under this section and if, subsequent to the issuance of the order, the alleged offender who is the subject of the order is bound over to the court of common pleas for prosecution of a felony arising out of the same activities as those that were the basis of the complaint upon which the order is based, notwithstanding the fact that the order was issued by a municipal court or county court, the order shall remain in effect, as though it were an order of the court of common pleas, while the charges against the alleged offender are pending in the court of common pleas, for the period of time described in division (E)(2) of this section, and the court of common pleas has exclusive jurisdiction to modify the order issued by the municipal court or county court. This division applies when the alleged offender is bound over to the court of common pleas as a result of the person waiving a preliminary hearing on the felony charge, as a result of the municipal court or county court having determined at a preliminary hearing that there is probable cause to believe that the felony has been committed and that the alleged offender committed it, as a result of the alleged offender having been indicted for the felony, or in any other manner.
(E) A temporary protection order that is issued as a pretrial condition of release under this section:
(1) Is in addition to, but shall not be construed as a part of, any bail set under Criminal Rule 46;
(2) Is effective only until the occurrence of either of the following:
(a) The disposition, by the court that issued the order or, in the circumstances described in division (D)(4) of this section, by the court of common pleas to which the alleged offender is bound over for prosecution, of the criminal proceeding arising out of the complaint upon which the order is based;
(b) The issuance of a protection order or the approval of a consent agreement, arising out of the same activities as those that were the basis of the complaint upon which the order is based, under section 3113.31 of the Revised Code.
(3) Shall not be construed as a finding that the alleged offender committed the alleged offense, and shall not be introduced as evidence of the commission of the offense at the trial of the alleged offender on the complaint upon which the order is based.
(F) A person who meets the criteria for bail under Criminal Rule 46 and who, if required to do so pursuant to that rule, executes or posts bond or deposits cash or securities as bail, shall not be held in custody pending a hearing before the court on a motion requesting a temporary protection order.
(G)(1) A copy of any temporary protection order that is issued under this section shall be issued by the court to the complainant, to the alleged victim, to the person who requested the order, to the defendant, and to all law enforcement agencies that have jurisdiction to enforce the order. The court shall direct that a copy of the order be delivered to the defendant on the same day that the order is entered. If a municipal court or a county court issues a temporary protection order under this section and if, subsequent to the issuance of the order, the defendant who is the subject of the order is bound over to the court of common pleas for prosecution as described in division (D)(4) of this section, the municipal court or county court shall direct that a copy of the order be delivered to the court of common pleas to which the defendant is bound over.
(2) Upon the issuance of a protection order under this section, the court shall provide the parties to the order with the following notice orally or by form:
"NOTICE
As a result of this protection order, it may be unlawful for you to possess or purchase a firearm, including a rifle, pistol, or revolver, or ammunition pursuant to federal law under 18 U.S.C. 922(g)(8) for the duration of this order. If you have any questions whether this law makes it illegal for you to possess or purchase a firearm or ammunition, you should consult an attorney."
(3) All law enforcement agencies shall establish and maintain an index for the temporary protection orders delivered to the agencies pursuant to division (G)(1) of this section. With respect to each order delivered, each agency shall note on the index, the date and time of the receipt of the order by the agency.
(4) A complainant, alleged victim, or other person who obtains a temporary protection order under this section may provide notice of the issuance of the temporary protection order to the judicial and law enforcement officials in any county other than the county in which the order is issued by registering that order in the other county in accordance with division (N) of section 3113.31 of the Revised Code and filing a copy of the registered protection order with a law enforcement agency in the other county in accordance with that division.
(5) Any officer of a law enforcement agency shall enforce a temporary protection order issued by any court in this state in accordance with the provisions of the order, including removing the defendant from the premises, regardless of whether the order is registered in the county in which the officer's agency has jurisdiction as authorized by division (G)(4) of this section.
(H) Upon a violation of a temporary protection order, the court may issue another temporary protection order, as a pretrial condition of release, that modifies the terms of the order that was violated.
(I)(1) As used in divisions (I)(1) and (2) of this section, "defendant" means a person who is alleged in a complaint to have committed a violation, offense of violence, or sexually oriented offense of the type described in division (A) of this section.
(2) If a complaint is filed that alleges that a person committed a violation, offense of violence, or sexually oriented offense of the type described in division (A) of this section, the court may not issue a temporary protection order under this section that requires the complainant, the alleged victim, or another family or household member of the defendant to do or refrain from doing an act that the court may require the defendant to do or refrain from doing under a temporary protection order unless both of the following apply:
(a) The defendant has filed a separate complaint that alleges that the complainant, alleged victim, or other family or household member in question who would be required under the order to do or refrain from doing the act committed a violation or offense of violence of the type described in division (A) of this section.
(b) The court determines that both the complainant, alleged victim, or other family or household member in question who would be required under the order to do or refrain from doing the act and the defendant acted primarily as aggressors, that neither the complainant, alleged victim, or other family or household member in question who would be required under the order to do or refrain from doing the act nor the defendant acted primarily in self-defense, and, in accordance with the standards and criteria of this section as applied in relation to the separate complaint filed by the defendant, that it should issue the order to require the complainant, alleged victim, or other family or household member in question to do or refrain from doing the act.
(J)(1) Subject to division (J)(2) of this section and regardless of whether a protection order is issued or a consent agreement is approved by a court of another county or a court of another state, no court or unit of state or local government shall charge the movant any fee, cost, deposit, or money in connection with the filing of a motion pursuant to this section, in connection with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a protection order, consent agreement, or witness subpoena or for obtaining a certified copy of a protection order or consent agreement.
(2) Regardless of whether a protection order is issued or a consent agreement is approved pursuant to this section, if the defendant is convicted the court may assess costs against the defendant in connection with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a protection order, consent agreement, or witness subpoena or for obtaining a certified copy of a protection order or consent agreement.
(K) As used in this section:
(1) "Companion animal" has the same meaning as in section 959.131 of the Revised Code.
(2) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised Code.
(3) "Victim advocate" means a person who provides support and assistance for a victim of an offense during court proceedings.
Sec. 2919.27. (A) No person shall recklessly violate the terms of any of the following:
(1) A protection order issued or consent agreement approved pursuant to section 2919.26 or 3113.31 of the Revised Code;
(2) A protection order issued pursuant to section 2151.34, 2903.213, or 2903.214 of the Revised Code;
(3) A protection order issued by a court of another state.
(B)(1) Whoever violates this section is guilty of violating a protection order.
(2) Except as otherwise provided in division (B)(3) or (4) of this section, violating a protection order is a misdemeanor of the first degree.
(3) Violating a protection order is a felony of the fifth degree if the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for any of the following:
(a) A violation of a protection order issued or consent agreement approved pursuant to section 2151.34, 2903.213, 2903.214, 2919.26, or 3113.31 of the Revised Code;
(b)
Two or more violations of section 2903.21, 2903.211, or
2903.22,
or
2911.211
division
(B) of section 2911.06 of
the Revised Code, or any combination of those offenses, that involved
the same person who is the subject of the protection order or consent
agreement;
(c) One or more violations of this section.
(4) If the offender violates a protection order or consent agreement while committing a felony offense, violating a protection order is a felony of the third degree.
(5) If the protection order violated by the offender was an order issued pursuant to section 2151.34 or 2903.214 of the Revised Code that required electronic monitoring of the offender pursuant to that section, the court may require in addition to any other sentence imposed upon the offender that the offender be electronically monitored for a period not exceeding five years by a law enforcement agency designated by the court. If the court requires under this division that the offender be electronically monitored, unless the court determines that the offender is indigent, the court shall order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device. If the court determines that the offender is indigent and subject to the maximum amount allowable and the rules promulgated by the attorney general under section 2903.214 of the Revised Code, the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device may be paid out of funds from the reparations fund created pursuant to section 2743.191 of the Revised Code. The total amount paid from the reparations fund created pursuant to section 2743.191 of the Revised Code for electronic monitoring under this section and sections 2151.34 and 2903.214 of the Revised Code shall not exceed three hundred thousand dollars per year.
(C) It is an affirmative defense to a charge under division (A)(3) of this section that the protection order issued by a court of another state does not comply with the requirements specified in 18 U.S.C. 2265(b) for a protection order that must be accorded full faith and credit by a court of this state or that it is not entitled to full faith and credit under 18 U.S.C. 2265(c).
(D) In a prosecution for a violation of this section, it is not necessary for the prosecution to prove that the protection order or consent agreement was served on the defendant if the prosecution proves that the defendant was shown the protection order or consent agreement or a copy of either or a judge, magistrate, or law enforcement officer informed the defendant that a protection order or consent agreement had been issued, and proves that the defendant recklessly violated the terms of the order or agreement.
(E) As used in this section, "protection order issued by a court of another state" means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to another person, including a temporary order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a pendente lite order in a proceeding for other relief, if the court issued it in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection. "Protection order issued by a court of another state" does not include an order for support or for custody of a child issued pursuant to the divorce and child custody laws of another state, except to the extent that the order for support or for custody of a child is entitled to full faith and credit under the laws of the United States.
Sec. 2923.04. (A) As used in this section:
(1) "Compensation" means money, thing of value, or financial benefit. "Compensation" does not include bail, fines, or court costs.
(2)
"Critical infrastructure facility" has the same meaning as
in section 2911.21
2911.011
of
the Revised Code.
(3) "Organization" has the same meaning as in section 2901.23 of the Revised Code.
(B) No organization shall knowingly direct, authorize, facilitate, or encourage a person to commit any of the following offenses or provide compensation to a person for committing any of the following offenses:
(1)
Criminal mischief in violation of division (A)(7)
(C)(7)
of
section 2909.07
2909.05
of
the Revised Code;
(2)
Criminal trespass in violation of division (A)(5)
(D)(5)
of
section 2911.21
2911.06
of
the Revised Code;
(3)
Aggravated
Criminal
trespass
in violation of division (A)(2) of section 2911.211
2911.06
of
the Revised Code;
(4) Telecommunications harassment in violation of division (A)(4) of section 2917.21 of the Revised Code that involves a threat of damage to or destruction of a critical infrastructure facility;
(5)
Making
false alarms Inducing
panic in
violation of division (A)(4)
(B)(3)
of
section 2917.32
2917.31
of
the Revised Code.
(C) Whoever violates this section is guilty of improper organizational involvement with a critical infrastructure facility. Notwithstanding section 2929.31 of the Revised Code, improper organizational involvement with a critical infrastructure facility shall be punished as follows:
(1)
A violation of division (B)(1) of this section shall be punished with
a fine that is ten times the maximum fine that can be imposed on an
individual for a violation of division (A)(7)
(C)(7)
of
section 2909.07
2909.05
of
the Revised Code;
(2)
A violation of division (B)(2) of this section shall be punished with
a fine that is ten times the maximum fine that can be imposed on an
individual for a violation of division (A)(5)
(D)(5)
of
section 2911.21
2911.06
of
the Revised Code;
(3)
A violation of division (B)(3) of this section shall be punished with
a fine that is ten times the maximum fine that can be imposed on an
individual for a violation of division (A)(2) of section 2911.211
2911.06
of
the Revised Code;
(4) A violation of division (B)(4) of this section shall be punished with a fine that is ten times the maximum fine that can be imposed on an individual for a violation of division (A)(4) of section 2917.21 of the Revised Code that involves a threat of damage to or destruction of a critical infrastructure facility;
(5) A violation of division (B)(5) of this section shall be punished with a fine that is ten times the maximum fine that can be imposed on an individual for a violation of division (A)(4) of section 2917.32 of the Revised Code.
Sec. 2923.126. (A) A concealed handgun license that is issued under section 2923.125 of the Revised Code shall expire five years after the date of issuance. A licensee who has been issued a license under that section shall be granted a grace period of thirty days after the licensee's license expires during which the licensee's license remains valid. Except as provided in divisions (B) and (C) of this section, a licensee who has been issued a concealed handgun license under section 2923.125 or 2923.1213 of the Revised Code may carry a concealed handgun anywhere in this state if the licensee also carries a valid license when the licensee is in actual possession of a concealed handgun. The licensee shall give notice of any change in the licensee's residence address to the sheriff who issued the license within forty-five days after that change.
If a licensee is the driver or an occupant of a motor vehicle that is stopped as the result of a traffic stop or a stop for another law enforcement purpose and if the licensee is transporting or has a loaded handgun in the motor vehicle at that time, the licensee shall promptly inform any law enforcement officer who approaches the vehicle while stopped that the licensee has been issued a concealed handgun license and that the licensee currently possesses or has a loaded handgun; the licensee shall not knowingly disregard or fail to comply with lawful orders of a law enforcement officer given while the motor vehicle is stopped, knowingly fail to remain in the motor vehicle while stopped, or knowingly fail to keep the licensee's hands in plain sight after any law enforcement officer begins approaching the licensee while stopped and before the officer leaves, unless directed otherwise by a law enforcement officer; and the licensee shall not knowingly have contact with the loaded handgun by touching it with the licensee's hands or fingers, in any manner in violation of division (E) of section 2923.16 of the Revised Code, after any law enforcement officer begins approaching the licensee while stopped and before the officer leaves. Additionally, if a licensee is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.34 of the Revised Code and the licensee is transporting or has a loaded handgun in the commercial motor vehicle at that time, the licensee shall promptly inform the employee of the unit who approaches the vehicle while stopped that the licensee has been issued a concealed handgun license and that the licensee currently possesses or has a loaded handgun.
If a licensee is stopped for a law enforcement purpose and if the licensee is carrying a concealed handgun at the time the officer approaches, the licensee shall promptly inform any law enforcement officer who approaches the licensee while stopped that the licensee has been issued a concealed handgun license and that the licensee currently is carrying a concealed handgun; the licensee shall not knowingly disregard or fail to comply with lawful orders of a law enforcement officer given while the licensee is stopped, or knowingly fail to keep the licensee's hands in plain sight after any law enforcement officer begins approaching the licensee while stopped and before the officer leaves, unless directed otherwise by a law enforcement officer; and the licensee shall not knowingly remove, attempt to remove, grasp, or hold the loaded handgun or knowingly have contact with the loaded handgun by touching it with the licensee's hands or fingers, in any manner in violation of division (B) of section 2923.12 of the Revised Code, after any law enforcement officer begins approaching the licensee while stopped and before the officer leaves.
(B) A valid concealed handgun license does not authorize the licensee to carry a concealed handgun in any manner prohibited under division (B) of section 2923.12 of the Revised Code or in any manner prohibited under section 2923.16 of the Revised Code. A valid license does not authorize the licensee to carry a concealed handgun into any of the following places:
(1) A police station, sheriff's office, or state highway patrol station, premises controlled by the bureau of criminal identification and investigation; a state correctional institution, jail, workhouse, or other detention facility; any area of an airport passenger terminal that is beyond a passenger or property screening checkpoint or to which access is restricted through security measures by the airport authority or a public agency; or an institution that is maintained, operated, managed, and governed pursuant to division (A) of section 5119.14 of the Revised Code or division (A)(1) of section 5123.03 of the Revised Code;
(2) A school safety zone if the licensee's carrying the concealed handgun is in violation of section 2923.122 of the Revised Code;
(3) A courthouse or another building or structure in which a courtroom is located if the licensee's carrying the concealed handgun is in violation of section 2923.123 of the Revised Code;
(4) Any premises or open air arena for which a D permit has been issued under Chapter 4303. of the Revised Code if the licensee's carrying the concealed handgun is in violation of section 2923.121 of the Revised Code;
(5) Any premises owned or leased by any public or private college, university, or other institution of higher education, unless the handgun is in a locked motor vehicle or the licensee is in the immediate process of placing the handgun in a locked motor vehicle or unless the licensee is carrying the concealed handgun pursuant to a written policy, rule, or other authorization that is adopted by the institution's board of trustees or other governing body and that authorizes specific individuals or classes of individuals to carry a concealed handgun on the premises;
(6) Any church, synagogue, mosque, or other place of worship, unless the church, synagogue, mosque, or other place of worship posts or permits otherwise;
(7) Any building that is a government facility of this state or a political subdivision of this state and that is not a building that is used primarily as a shelter, restroom, parking facility for motor vehicles, or rest facility and is not a courthouse or other building or structure in which a courtroom is located that is subject to division (B)(3) of this section, unless the governing body with authority over the building has enacted a statute, ordinance, or policy that permits a licensee to carry a concealed handgun into the building;
(8) A place in which federal law prohibits the carrying of handguns.
(C)(1) Nothing in this section shall negate or restrict a rule, policy, or practice of a private employer that is not a private college, university, or other institution of higher education concerning or prohibiting the presence of firearms on the private employer's premises or property, including motor vehicles owned by the private employer. Nothing in this section shall require a private employer of that nature to adopt a rule, policy, or practice concerning or prohibiting the presence of firearms on the private employer's premises or property, including motor vehicles owned by the private employer.
(2)(a) A private employer shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises or property of the private employer, including motor vehicles owned by the private employer, unless the private employer acted with malicious purpose. A private employer is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the private employer's decision to permit a licensee to bring, or prohibit a licensee from bringing, a handgun onto the premises or property of the private employer.
(b) A political subdivision shall be immune from liability in a civil action, to the extent and in the manner provided in Chapter 2744. of the Revised Code, for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto any premises or property owned, leased, or otherwise under the control of the political subdivision. As used in this division, "political subdivision" has the same meaning as in section 2744.01 of the Revised Code.
(c) An institution of higher education shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises of the institution, including motor vehicles owned by the institution, unless the institution acted with malicious purpose. An institution of higher education is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the institution's decision to permit a licensee or class of licensees to bring a handgun onto the premises of the institution.
(d) A nonprofit corporation shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises of the nonprofit corporation, including any motor vehicle owned by the nonprofit corporation, or to any event organized by the nonprofit corporation, unless the nonprofit corporation acted with malicious purpose. A nonprofit corporation is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the nonprofit corporation's decision to permit a licensee to bring a handgun onto the premises of the nonprofit corporation or to any event organized by the nonprofit corporation.
(3)(a)
Except as provided in division (C)(3)(b) of this section and section
2923.1214 of the Revised Code, the owner or person in control of
private land or premises, and a private person or entity leasing land
or premises owned by the state, the United States, or a political
subdivision of the state or the United States, may post a sign in a
conspicuous location on that land or on those premises prohibiting
persons from carrying firearms or concealed firearms on or onto that
land or those premises. Except as otherwise provided in this
division, a person who knowingly violates a posted prohibition of
that nature is guilty of criminal trespass in violation of division
(A)(4)
(D)(4)
of
section 2911.21
2911.06
of
the Revised Code and is guilty of a misdemeanor of the fourth degree.
If a person knowingly violates a posted prohibition of that nature
and the posted land or premises primarily was a parking lot or other
parking facility, the person is not guilty of criminal trespass under
section 2911.21
2911.06
of
the Revised Code or under any other criminal law of this state or
criminal law, ordinance, or resolution of a political subdivision of
this state, and instead is subject only to a civil cause of action
for trespass based on the violation.
If
a person knowingly violates a posted prohibition of the nature
described in this division and the posted land or premises is a child
day-care center, type A family day-care home, or type B family
day-care home, unless the person is a licensee who resides in a type
A family day-care home or type B family day-care home, the person is
guilty of aggravated
criminal
trespass
in violation of section 2911.211
2911.06
of
the Revised Code. Except as otherwise provided in this division, the
offender is guilty of a misdemeanor of the first degree. If the
person previously has been convicted of a violation of this division
or of any offense of violence, if the weapon involved is a firearm
that is either loaded or for which the offender has ammunition ready
at hand, or if the weapon involved is dangerous ordnance, the
offender is guilty of a felony of the fourth degree.
(b) A landlord may not prohibit or restrict a tenant who is a licensee and who on or after September 9, 2008, enters into a rental agreement with the landlord for the use of residential premises, and the tenant's guest while the tenant is present, from lawfully carrying or possessing a handgun on those residential premises.
(c) As used in division (C)(3) of this section:
(i) "Residential premises" has the same meaning as in section 5321.01 of the Revised Code, except "residential premises" does not include a dwelling unit that is owned or operated by a college or university.
(ii) "Landlord," "tenant," and "rental agreement" have the same meanings as in section 5321.01 of the Revised Code.
(D) A person who holds a valid concealed handgun license issued by another state that is recognized by the attorney general pursuant to a reciprocity agreement entered into pursuant to section 109.69 of the Revised Code or a person who holds a valid concealed handgun license under the circumstances described in division (B) of section 109.69 of the Revised Code has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under section 2923.125 of the Revised Code and is subject to the same restrictions that apply to a person who carries a license issued under that section.
(E)(1) A peace officer has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under section 2923.125 of the Revised Code, provided that the officer when carrying a concealed handgun under authority of this division is carrying validating identification. For purposes of reciprocity with other states, a peace officer shall be considered to be a licensee in this state.
(2) An active duty member of the armed forces of the United States who is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of section 2923.125 of the Revised Code has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under section 2923.125 of the Revised Code and is subject to the same restrictions as specified in this section.
(3) A tactical medical professional who is qualified to carry firearms while on duty under section 109.771 of the Revised Code has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under section 2923.125 of the Revised Code.
(F)(1) A qualified retired peace officer who possesses a retired peace officer identification card issued pursuant to division (F)(2) of this section and a valid firearms requalification certification issued pursuant to division (F)(3) of this section has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under section 2923.125 of the Revised Code and is subject to the same restrictions that apply to a person who carries a license issued under that section. For purposes of reciprocity with other states, a qualified retired peace officer who possesses a retired peace officer identification card issued pursuant to division (F)(2) of this section and a valid firearms requalification certification issued pursuant to division (F)(3) of this section shall be considered to be a licensee in this state.
(2)(a) Each public agency of this state or of a political subdivision of this state that is served by one or more peace officers shall issue a retired peace officer identification card to any person who retired from service as a peace officer with that agency, if the issuance is in accordance with the agency's policies and procedures and if the person, with respect to the person's service with that agency, satisfies all of the following:
(i) The person retired in good standing from service as a peace officer with the public agency, and the retirement was not for reasons of mental instability.
(ii) Before retiring from service as a peace officer with that agency, the person was authorized to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law and the person had statutory powers of arrest.
(iii) At the time of the person's retirement as a peace officer with that agency, the person was trained and qualified to carry firearms in the performance of the peace officer's duties.
(iv) Before retiring from service as a peace officer with that agency, the person was regularly employed as a peace officer for an aggregate of fifteen years or more, or, in the alternative, the person retired from service as a peace officer with that agency, after completing any applicable probationary period of that service, due to a service-connected disability, as determined by the agency.
(b) A retired peace officer identification card issued to a person under division (F)(2)(a) of this section shall identify the person by name, contain a photograph of the person, identify the public agency of this state or of the political subdivision of this state from which the person retired as a peace officer and that is issuing the identification card, and specify that the person retired in good standing from service as a peace officer with the issuing public agency and satisfies the criteria set forth in divisions (F)(2)(a)(i) to (iv) of this section. In addition to the required content specified in this division, a retired peace officer identification card issued to a person under division (F)(2)(a) of this section may include the firearms requalification certification described in division (F)(3) of this section, and if the identification card includes that certification, the identification card shall serve as the firearms requalification certification for the retired peace officer. If the issuing public agency issues credentials to active law enforcement officers who serve the agency, the agency may comply with division (F)(2)(a) of this section by issuing the same credentials to persons who retired from service as a peace officer with the agency and who satisfy the criteria set forth in divisions (F)(2)(a)(i) to (iv) of this section, provided that the credentials so issued to retired peace officers are stamped with the word "RETIRED."
(c) A public agency of this state or of a political subdivision of this state may charge persons who retired from service as a peace officer with the agency a reasonable fee for issuing to the person a retired peace officer identification card pursuant to division (F)(2)(a) of this section.
(3) If a person retired from service as a peace officer with a public agency of this state or of a political subdivision of this state and the person satisfies the criteria set forth in divisions (F)(2)(a)(i) to (iv) of this section, the public agency may provide the retired peace officer with the opportunity to attend a firearms requalification program that is approved for purposes of firearms requalification required under section 109.801 of the Revised Code. The retired peace officer may be required to pay the cost of the course.
If a retired peace officer who satisfies the criteria set forth in divisions (F)(2)(a)(i) to (iv) of this section attends a firearms requalification program that is approved for purposes of firearms requalification required under section 109.801 of the Revised Code, the retired peace officer's successful completion of the firearms requalification program requalifies the retired peace officer for purposes of division (F) of this section for five years from the date on which the program was successfully completed, and the requalification is valid during that five-year period. If a retired peace officer who satisfies the criteria set forth in divisions (F)(2)(a)(i) to (iv) of this section satisfactorily completes such a firearms requalification program, the retired peace officer shall be issued a firearms requalification certification that identifies the retired peace officer by name, identifies the entity that taught the program, specifies that the retired peace officer successfully completed the program, specifies the date on which the course was successfully completed, and specifies that the requalification is valid for five years from that date of successful completion. The firearms requalification certification for a retired peace officer may be included in the retired peace officer identification card issued to the retired peace officer under division (F)(2) of this section.
A retired peace officer who attends a firearms requalification program that is approved for purposes of firearms requalification required under section 109.801 of the Revised Code may be required to pay the cost of the program.
(G) As used in this section:
(1) "Qualified retired peace officer" means a person who satisfies all of the following:
(a) The person satisfies the criteria set forth in divisions (F)(2)(a)(i) to (v) of this section.
(b) The person is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance.
(c) The person is not prohibited by federal law from receiving firearms.
(2) "Retired peace officer identification card" means an identification card that is issued pursuant to division (F)(2) of this section to a person who is a retired peace officer.
(3) "Government facility of this state or a political subdivision of this state" means any of the following:
(a) A building or part of a building that is owned or leased by the government of this state or a political subdivision of this state and where employees of the government of this state or the political subdivision regularly are present for the purpose of performing their official duties as employees of the state or political subdivision;
(b) The office of a deputy registrar serving pursuant to Chapter 4503. of the Revised Code that is used to perform deputy registrar functions.
(4) "Governing body" has the same meaning as in section 154.01 of the Revised Code.
(5) "Tactical medical professional" has the same meaning as in section 109.71 of the Revised Code.
(6) "Validating identification" means photographic identification issued by the agency for which an individual serves as a peace officer that identifies the individual as a peace officer of the agency.
(7) "Nonprofit corporation" means any private organization that is exempt from federal income taxation pursuant to subsection 501(a) and described in subsection 501(c) of the Internal Revenue Code.
Sec. 2923.129. (A)(1) If a sheriff, the superintendent of the bureau of criminal identification and investigation, the employees of the bureau, the Ohio peace officer training commission, or the employees of the commission make a good faith effort in performing the duties imposed upon the sheriff, the superintendent, the bureau's employees, the commission, or the commission's employees by sections 109.731, 311.41, and 2923.124 to 2923.1213 of the Revised Code, in addition to the personal immunity provided by section 9.86 of the Revised Code or division (A)(6) of section 2744.03 of the Revised Code and the governmental immunity of sections 2744.02 and 2744.03 of the Revised Code and in addition to any other immunity possessed by the bureau, the commission, and their employees, the sheriff, the sheriff's office, the county in which the sheriff has jurisdiction, the bureau, the superintendent of the bureau, the bureau's employees, the commission, and the commission's employees are immune from liability in a civil action for injury, death, or loss to person or property that allegedly was caused by or related to any of the following:
(a) The issuance, renewal, suspension, or revocation of a concealed handgun license;
(b) The failure to issue, renew, suspend, or revoke a concealed handgun license;
(c) Any action or misconduct with a handgun committed by a licensee.
(2) Any action of a sheriff relating to the issuance, renewal, suspension, or revocation of a concealed handgun license shall be considered to be a governmental function for purposes of Chapter 2744. of the Revised Code.
(3) An entity that or instructor who provides a competency certification of a type described in division (B)(3) of section 2923.125 of the Revised Code is immune from civil liability that might otherwise be incurred or imposed for any death or any injury or loss to person or property that is caused by or related to a person to whom the entity or instructor has issued the competency certificate if all of the following apply:
(a) The alleged liability of the entity or instructor relates to the training provided in the course, class, or program covered by the competency certificate.
(b) The entity or instructor makes a good faith effort in determining whether the person has satisfactorily completed the course, class, or program and makes a good faith effort in assessing the person in the competency examination conducted pursuant to division (G)(2) of section 2923.125 of the Revised Code.
(c) The entity or instructor did not issue the competency certificate with malicious purpose, in bad faith, or in a wanton or reckless manner.
(4) An entity that or instructor who, prior to March 27, 2013, provides a renewed competency certification of a type described in division (G)(4) of section 2923.125 of the Revised Code as it existed prior to March 27, 2013, is immune from civil liability that might otherwise be incurred or imposed for any death or any injury or loss to person or property that is caused by or related to a person to whom the entity or instructor has issued the renewed competency certificate if all of the following apply:
(a) The entity or instructor makes a good faith effort in assessing the person in the physical demonstrations or the competency examination conducted pursuant to division (G)(4) of section 2923.125 of the Revised Code as it existed prior to March 27, 2013.
(b) The entity or instructor did not issue the renewed competency certificate with malicious purpose, in bad faith, or in a wanton or reckless manner.
(B) Notwithstanding section 149.43 of the Revised Code, the records that a sheriff keeps relative to the issuance, renewal, suspension, or revocation of a concealed handgun license, including, but not limited to, completed applications for the issuance or renewal of a license, completed affidavits submitted regarding an application for a license on a temporary emergency basis, reports of criminal records checks and incompetency records checks under section 311.41 of the Revised Code, and applicants' social security numbers and fingerprints that are obtained under division (A) of section 311.41 of the Revised Code, are confidential and are not public records. No person shall release or otherwise disseminate records that are confidential under this division unless required to do so pursuant to a court order.
(C) Each sheriff shall report to the Ohio peace officer training commission the number of concealed handgun licenses that the sheriff issued, renewed, suspended, revoked, or denied under section 2923.125 of the Revised Code during the previous quarter of the calendar year, the number of applications for those licenses for which processing was suspended in accordance with division (D)(3) of section 2923.125 of the Revised Code during the previous quarter of the calendar year, and the number of concealed handgun licenses on a temporary emergency basis that the sheriff issued, suspended, revoked, or denied under section 2923.1213 of the Revised Code during the previous quarter of the calendar year. The sheriff shall not include in the report the name or any other identifying information of an applicant or licensee. The sheriff shall report that information in a manner that permits the commission to maintain the statistics described in division (C) of section 109.731 of the Revised Code and to timely prepare the statistical report described in that division. The information that is received by the commission under this division is a public record kept by the commission for the purposes of section 149.43 of the Revised Code.
(D) Law enforcement agencies may use the information a sheriff makes available through the use of the law enforcement automated data system pursuant to division (H) of section 2923.125 or division (B)(2) or (D) of section 2923.1213 of the Revised Code for law enforcement purposes only. The information is confidential and is not a public record. Except as provided in section 5503.101 of the Revised Code, a person who releases or otherwise disseminates this information obtained through the law enforcement automated data system in a manner not described in this division is guilty of a violation of section 2913.04 or 2913.08 of the Revised Code.
(E) Whoever violates division (B) of this section is guilty of illegal release of confidential concealed handgun license records, a felony of the fifth degree. In addition to any penalties imposed under Chapter 2929. of the Revised Code for a violation of division (B) of this section or a violation of section 2913.04 or 2913.08 of the Revised Code described in division (D) of this section, if the offender is a sheriff, an employee of a sheriff, or any other public officer or employee, and if the violation was willful and deliberate, the offender shall be subject to a civil fine of one thousand dollars. Any person who is harmed by a violation of division (B) or (C) of this section or a violation of section 2913.04 or 2913.08 of the Revised Code described in division (D) of this section has a private cause of action against the offender for any injury, death, or loss to person or property that is a proximate result of the violation and may recover court costs and attorney's fees related to the action.
Sec. 2923.132. (A) As used in this section:
(1)(a) "Violent career criminal" means a person who within the preceding eight years, subject to extension as provided in division (A)(1)(b) of this section, has been convicted of or pleaded guilty to two or more violent felony offenses that are separated by intervening sentences and are not so closely related to each other and connected in time and place that they constitute a course of criminal conduct.
(b) Except as provided in division (A)(1)(c) of this section, the eight-year period described in division (A)(1)(a) of this section shall be extended by a period of time equal to any period of time during which the person, within that eight-year period, was confined as a result of having been accused of an offense, having been convicted of or pleaded guilty to an offense, or having been accused of violating or found to have violated any community control sanction, post-release control sanction, or term or condition of supervised release.
(c) Division (A)(1)(b) of this section shall not apply to extend the eight-year period described in division (A)(1)(a) of this section by any period of time during which a person is confined if the person is acquitted of the charges or the charges are dismissed in final disposition of the case or during which a person is confined as a result of having been accused of violating any sanction, term, or condition described in division (A)(1)(b) of this section if the person subsequently is not found to have violated that sanction, term, or condition.
(2) "Violent felony offense" means any of the following:
(a)
A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,
2903.12, 2905.01, 2905.02, 2909.02, 2909.23, 2911.01, 2911.02, or
2911.11
2911.03
of
the Revised Code;
(b)
A violation of division (A)(1) or (2) of section 2911.12
2911.04
of
the Revised Code;
(c) A felony violation of section 2907.02, 2907.03, 2907.04, or 2907.05 of the Revised Code;
(d) A felony violation of section 2909.24 of the Revised Code or a violation of section 2919.25 of the Revised Code that is a felony of the third degree;
(e) A felony violation of any existing or former ordinance or law of this state, another state, or the United States that is or was substantially equivalent to any offense listed or described in divisions (A)(2)(a) to (e) of this section;
(f) A conspiracy or attempt to commit, or complicity in committing, any of the offenses listed or described in divisions (A)(2)(a) to (e) of this section, if the conspiracy, attempt, or complicity is a felony of the first or second degree.
(3) "Dangerous ordnance" and "firearm" have the same meanings as in section 2923.11 of the Revised Code.
(4) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.
(5) "Post-release control sanction" has the same meaning as in section 2967.01 of the Revised Code.
(6) "Supervised release" has the same meaning as in section 2950.01 of the Revised Code.
(B) No violent career criminal shall knowingly use any firearm or dangerous ordnance.
(C)
Whoever violates this section is guilty of unlawful use of a weapon
by a violent career criminal, a felony of the first degree. For an
offense committed prior to
the
effective date of this amendment
March
22, 2019,
notwithstanding the range of definite prison terms set forth in
division (A)(1)(b) of section 2929.14 of the Revised Code, the court
shall impose upon the offender a mandatory prison term that is a
definite prison term of two, three, four, five, six, seven, eight,
nine, ten, or eleven years. For an offense committed on or after
the
effective date of this amendment
March
22, 2019,
notwithstanding the range of minimum prison terms set forth in
division (A)(1)(a) of section 2929.14 of the Revised Code, the court
shall impose upon the offender an indefinite prison term pursuant to
that division, with a minimum term under that sentence that is a
mandatory prison term of two, three, four, five, six, seven, eight,
nine, ten, or eleven years.
Sec. 2923.31. As used in sections 2923.31 to 2923.36 of the Revised Code:
(A) "Beneficial interest" means any of the following:
(1) The interest of a person as a beneficiary under a trust in which the trustee holds title to personal or real property;
(2) The interest of a person as a beneficiary under any other trust arrangement under which any other person holds title to personal or real property for the benefit of such person;
(3) The interest of a person under any other form of express fiduciary arrangement under which any other person holds title to personal or real property for the benefit of such person.
"Beneficial interest" does not include the interest of a stockholder in a corporation or the interest of a partner in either a general or limited partnership.
(B) "Costs of investigation and prosecution" and "costs of investigation and litigation" mean all of the costs incurred by the state or a county or municipal corporation under sections 2923.31 to 2923.36 of the Revised Code in the prosecution and investigation of any criminal action or in the litigation and investigation of any civil action, and includes, but is not limited to, the costs of resources and personnel.
(C) "Enterprise" includes any individual, sole proprietorship, partnership, limited partnership, corporation, trust, union, government agency, or other legal entity, or any organization, association, or group of persons associated in fact although not a legal entity. "Enterprise" includes illicit as well as licit enterprises.
(D) "Innocent person" includes any bona fide purchaser of property that is allegedly involved in a violation of section 2923.32 of the Revised Code, including any person who establishes a valid claim to or interest in the property in accordance with division (E) of section 2981.04 of the Revised Code, and any victim of an alleged violation of that section or of any underlying offense involved in an alleged violation of that section.
(E) "Pattern of corrupt activity" means two or more incidents of corrupt activity, whether or not there has been a prior conviction, that are related to the affairs of the same enterprise, are not isolated, and are not so closely related to each other and connected in time and place that they constitute a single event.
At least one of the incidents forming the pattern shall occur on or after January 1, 1986. Unless any incident was an aggravated murder or murder, the last of the incidents forming the pattern shall occur within six years after the commission of any prior incident forming the pattern, excluding any period of imprisonment served by any person engaging in the corrupt activity.
For the purposes of the criminal penalties that may be imposed pursuant to section 2923.32 of the Revised Code, at least one of the incidents forming the pattern shall constitute a felony under the laws of this state in existence at the time it was committed or, if committed in violation of the laws of the United States or of any other state, shall constitute a felony under the law of the United States or the other state and would be a criminal offense under the law of this state if committed in this state.
(F) "Pecuniary value" means money, a negotiable instrument, a commercial interest, or anything of value, as defined in section 1.03 of the Revised Code, or any other property or service that has a value in excess of one hundred dollars.
(G) "Person" means any person, as defined in section 1.59 of the Revised Code, and any governmental officer, employee, or entity.
(H) "Personal property" means any personal property, any interest in personal property, or any right, including, but not limited to, bank accounts, debts, corporate stocks, patents, or copyrights. Personal property and any beneficial interest in personal property are deemed to be located where the trustee of the property, the personal property, or the instrument evidencing the right is located.
(I) "Corrupt activity" means engaging in, attempting to engage in, conspiring to engage in, or soliciting, coercing, or intimidating another person to engage in any of the following:
(1) Conduct defined as "racketeering activity" under the "Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C. 1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;
(2) Conduct constituting any of the following:
(a)
A violation of section 1315.55, 1322.07, 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2905.01, 2905.02, 2905.11, 2905.22,
2905.32 as specified in division (I)(2)(g) of this section, 2907.321,
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,
2909.26, 2909.27, 2909.28, 2909.29,
2911.01,
2911.02, 2911.11,
2911.12, 2911.13, 2911.31, 2911.03,
2911.04, 2911.05, 2911.07, 2913.05,
2913.06, 2913.30, 2921.02, 2921.03, 2921.04,
2921.11,
2921.12, 2921.32, 2921.41, 2921.42, 2921.43, 2923.12, or 2923.17;
division
(B) of section 2909.22; division
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2) of
section 1707.042; division (B), (C)(4), (D), (E), or (F) of section
1707.44; division (A)(1) or (2) of section 2923.20; division (E) or
(G) of section 3772.99; division (J)(1) of section 4712.02; section
4719.02, 4719.05, or 4719.06; division (C), (D), or (E) of section
4719.07; section 4719.08; or division (A) of section 4719.09 of the
Revised Code.
(b) Any violation of section 3769.11, 3769.15, 3769.16, or 3769.19 of the Revised Code as it existed prior to July 1, 1996, any violation of section 2915.02 of the Revised Code that occurs on or after July 1, 1996, and that, had it occurred prior to that date, would have been a violation of section 3769.11 of the Revised Code as it existed prior to that date, or any violation of section 2915.05 of the Revised Code that occurs on or after July 1, 1996, and that, had it occurred prior to that date, would have been a violation of section 3769.15, 3769.16, or 3769.19 of the Revised Code as it existed prior to that date.
(c)
Any violation of section 2907.21, 2907.22, 2907.31, 2913.02, 2913.11,
2913.21, 2913.31, 2913.32,
2913.34,
2913.42, 2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or
2925.37 of the Revised Code, any violation of section 2925.11 of the
Revised Code that is a felony of the first, second, third, or fourth
degree and that occurs on or after July 1, 1996, any violation of
section 2915.02 of the Revised Code that occurred prior to July 1,
1996, any violation of section 2915.02 of the Revised Code that
occurs on or after July 1, 1996, and that, had it occurred prior to
that date, would not have been a violation of section 3769.11 of the
Revised Code as it existed prior to that date, any violation of
section 2915.06 of the Revised Code as it existed prior to July 1,
1996, or any violation of division (B) of section 2915.05 of the
Revised Code as it exists on and after July 1, 1996, when the
proceeds of the violation, the payments made in the violation, the
amount of a claim for payment or for any other benefit that is false
or deceptive and that is involved in the violation, or the value of
the contraband or other property illegally possessed, sold, or
purchased in the violation exceeds one thousand dollars, or any
combination of violations described in division (I)(2)(c) of this
section when the total proceeds of the combination of violations,
payments made in the combination of violations, amount of the claims
for payment or for other benefits that is false or deceptive and that
is involved in the combination of violations, or value of the
contraband or other property illegally possessed, sold, or purchased
in the combination of violations exceeds one thousand dollars;
(d) Any violation of section 5743.112 of the Revised Code when the amount of unpaid tax exceeds one hundred dollars;
(e) Any violation or combination of violations of section 2907.32 of the Revised Code involving any material or performance containing a display of bestiality or of sexual conduct, as defined in section 2907.01 of the Revised Code, that is explicit and depicted with clearly visible penetration of the genitals or clearly visible penetration by the penis of any orifice when the total proceeds of the violation or combination of violations, the payments made in the violation or combination of violations, or the value of the contraband or other property illegally possessed, sold, or purchased in the violation or combination of violations exceeds one thousand dollars;
(f) Any combination of violations described in division (I)(2)(c) of this section and violations of section 2907.32 of the Revised Code involving any material or performance containing a display of bestiality or of sexual conduct, as defined in section 2907.01 of the Revised Code, that is explicit and depicted with clearly visible penetration of the genitals or clearly visible penetration by the penis of any orifice when the total proceeds of the combination of violations, payments made in the combination of violations, amount of the claims for payment or for other benefits that is false or deceptive and that is involved in the combination of violations, or value of the contraband or other property illegally possessed, sold, or purchased in the combination of violations exceeds one thousand dollars;
(g) Any violation of section 2905.32 of the Revised Code to the extent the violation is not based solely on the same conduct that constitutes corrupt activity pursuant to division (I)(2)(c) of this section due to the conduct being in violation of section 2907.21 of the Revised Code.
(3) Conduct constituting a violation of any law of any state other than this state that is substantially similar to the conduct described in division (I)(2) of this section, provided the defendant was convicted of the conduct in a criminal proceeding in the other state;
(4) Animal or ecological terrorism;
(5)(a) Conduct constituting any of the following:
(i) Organized retail theft;
(ii) Conduct that constitutes one or more violations of any law of any state other than this state, that is substantially similar to organized retail theft, and that if committed in this state would be organized retail theft, if the defendant was convicted of or pleaded guilty to the conduct in a criminal proceeding in the other state.
(b) By enacting division (I)(5)(a) of this section, it is the intent of the general assembly to add organized retail theft and the conduct described in division (I)(5)(a)(ii) of this section as conduct constituting corrupt activity. The enactment of division (I)(5)(a) of this section and the addition by division (I)(5)(a) of this section of organized retail theft and the conduct described in division (I)(5)(a)(ii) of this section as conduct constituting corrupt activity does not limit or preclude, and shall not be construed as limiting or precluding, any prosecution for a violation of section 2923.32 of the Revised Code that is based on one or more violations of section 2913.02 or 2913.51 of the Revised Code, one or more similar offenses under the laws of this state or any other state, or any combination of any of those violations or similar offenses, even though the conduct constituting the basis for those violations or offenses could be construed as also constituting organized retail theft or conduct of the type described in division (I)(5)(a)(ii) of this section.
(J) "Real property" means any real property or any interest in real property, including, but not limited to, any lease of, or mortgage upon, real property. Real property and any beneficial interest in it is deemed to be located where the real property is located.
(K) "Trustee" means any of the following:
(1) Any person acting as trustee under a trust in which the trustee holds title to personal or real property;
(2) Any person who holds title to personal or real property for which any other person has a beneficial interest;
(3) Any successor trustee.
"Trustee" does not include an assignee or trustee for an insolvent debtor or an executor, administrator, administrator with the will annexed, testamentary trustee, guardian, or committee, appointed by, under the control of, or accountable to a court.
(L) "Unlawful debt" means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in this state in whole or in part because the debt was incurred or contracted in violation of any federal or state law relating to the business of gambling activity or relating to the business of lending money at an usurious rate unless the creditor proves, by a preponderance of the evidence, that the usurious rate was not intentionally set and that it resulted from a good faith error by the creditor, notwithstanding the maintenance of procedures that were adopted by the creditor to avoid an error of that nature.
(M) "Animal activity" means any activity that involves the use of animals or animal parts, including, but not limited to, hunting, fishing, trapping, traveling, camping, the production, preparation, or processing of food or food products, clothing or garment manufacturing, medical research, other research, entertainment, recreation, agriculture, biotechnology, or service activity that involves the use of animals or animal parts.
(N) "Animal facility" means a vehicle, building, structure, nature preserve, or other premises in which an animal is lawfully kept, handled, housed, exhibited, bred, or offered for sale, including, but not limited to, a zoo, rodeo, circus, amusement park, hunting preserve, or premises in which a horse or dog event is held.
(O) "Animal or ecological terrorism" means the commission of any felony that involves causing or creating a substantial risk of physical harm to any property of another, the use of a deadly weapon or dangerous ordnance, or purposely, knowingly, or recklessly causing serious physical harm to property and that involves an intent to obstruct, impede, or deter any person from participating in a lawful animal activity, from mining, foresting, harvesting, gathering, or processing natural resources, or from being lawfully present in or on an animal facility or research facility.
(P) "Research facility" means a place, laboratory, institution, medical care facility, government facility, or public or private educational institution in which a scientific test, experiment, or investigation involving the use of animals or other living organisms is lawfully carried out, conducted, or attempted.
(Q) "Organized retail theft" means the theft of retail property with a retail value of one thousand dollars or more from one or more retail establishments with the intent to sell, deliver, or transfer that property to a retail property fence.
(R) "Retail property" means any tangible personal property displayed, held, stored, or offered for sale in or by a retail establishment.
(S) "Retail property fence" means a person who possesses, procures, receives, or conceals retail property that was represented to the person as being stolen or that the person knows or believes to be stolen.
(T) "Retail value" means the full retail value of the retail property. In determining whether the retail value of retail property equals or exceeds one thousand dollars, the value of all retail property stolen from the retail establishment or retail establishments by the same person or persons within any one-hundred-eighty-day period shall be aggregated.
Sec. 2923.41. As used in sections 2923.41 to 2923.44 of the Revised Code:
(A) "Criminal gang" means an ongoing formal or informal organization, association, or group of three or more persons to which all of the following apply:
(1) It has as one of its primary activities the commission of one or more of the offenses listed in division (B) of this section.
(2) It has a common name or one or more common, identifying signs, symbols, or colors.
(3) The persons in the organization, association, or group individually or collectively engage in or have engaged in a pattern of criminal gang activity.
(B)(1) "Pattern of criminal gang activity" means, subject to division (B)(2) of this section, that persons in the criminal gang have committed, attempted to commit, conspired to commit, been complicitors in the commission of, or solicited, coerced, or intimidated another to commit, attempt to commit, conspire to commit, or be in complicity in the commission of two or more of any of the following offenses:
(a) A felony or an act committed by a juvenile that would be a felony if committed by an adult;
(b) An offense of violence or an act committed by a juvenile that would be an offense of violence if committed by an adult;
(c)
A violation of section 2907.04, 2909.06,
2911.211, 2917.04,
2919.23, or
2919.24
of
the Revised Code,
section
2921.04 or 2923.16,
or 2927.12
of
the Revised Code, section 2925.03 of the Revised Code if the offense
is trafficking in marihuana, division
(B) of section 2909.05 or division (C) of section 2909.08 of the
Revised Code, division (B) of section 2911.06, or
division
(B) of section
2927.12
2921.03
of
the Revised Code.
(2) There is a "pattern of criminal gang activity" if all of the following apply with respect to the offenses that are listed in division (B)(1)(a), (b), or (c) of this section and that persons in the criminal gang committed, attempted to commit, conspired to commit, were in complicity in committing, or solicited, coerced, or intimidated another to commit, attempt to commit, conspire to commit, or be in complicity in committing:
(a) At least one of the two or more offenses is a felony.
(b) At least one of those two or more offenses occurs on or after January 1, 1999.
(c) The last of those two or more offenses occurs within five years after at least one of those offenses.
(d) The two or more offenses are committed on separate occasions or by two or more persons.
(C) "Criminal conduct" means the commission of, an attempt to commit, a conspiracy to commit, complicity in the commission of, or solicitation, coercion, or intimidation of another to commit, attempt to commit, conspire to commit, or be in complicity in the commission of an offense listed in division (B)(1)(a), (b), or (c) of this section or an act that is committed by a juvenile and that would be an offense, an attempt to commit an offense, a conspiracy to commit an offense, complicity in the commission of, or solicitation, coercion, or intimidation of another to commit, attempt to commit, conspire to commit, or be in complicity in the commission of an offense listed in division (B)(1)(a), (b), or (c) of this section if committed by an adult.
(D) "Juvenile" means a person who is under eighteen years of age.
(E) "Law enforcement agency" includes, but is not limited to, the state board of pharmacy and the office of a prosecutor.
(F) "Prosecutor" has the same meaning as in section 2935.01 of the Revised Code.
Sec. 2925.61. (A) As used in this section:
(1) "Law enforcement agency" means a government entity that employs peace officers to perform law enforcement duties.
(2) "Licensed health professional" means all of the following:
(a) A physician;
(b) A physician assistant who is licensed under Chapter 4730. of the Revised Code, holds a valid prescriber number issued by the state medical board, and has been granted physician-delegated prescriptive authority;
(c) An advanced practice registered nurse who holds a current, valid license issued under Chapter 4723. of the Revised Code and is designated as a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner.
(3)
"Peace officer" has the same meaning as in division
(J) of section
2921.51
2921.01
of
the Revised Code.
(4) "Physician" means an individual who is authorized under Chapter 4731. of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery.
(B) A family member, friend, or other individual who is in a position to assist an individual who is apparently experiencing or at risk of experiencing an opioid-related overdose is not subject to criminal prosecution for a violation of section 4731.41 of the Revised Code, is not subject to criminal prosecution under this chapter, and is not liable for damages in a civil action for injury, death, or loss to person or property for an act or omission that allegedly arises from obtaining, maintaining, accessing, or administering naloxone, if the individual, acting in good faith, does all of the following:
(1) Obtains naloxone pursuant to a prescription issued by a licensed health professional, or obtains naloxone from one of the following:
(a) A licensed health professional;
(b) An individual who is authorized to personally furnish naloxone by any of the following:
(i) A physician under section 4731.941 of the Revised Code;
(ii) An advanced practice registered nurse under section 4723.485 of the Revised Code;
(iii) A physician assistant under section 4730.435 of the Revised Code;
(iv) A board of health under section 3707.561 of the Revised Code.
(c) A pharmacist or pharmacy intern who is authorized by a physician or board of health under section 4729.44 of the Revised Code to dispense naloxone without a prescription.
(2) Administers the naloxone obtained as described in division (B)(1) of this section to an individual who is apparently experiencing an opioid-related overdose;
(3) Attempts to summon emergency services as soon as practicable either before or after administering the naloxone.
(C) An individual who is an employee, volunteer, or contractor of a service entity, as defined in section 4729.514 of the Revised Code, and has been authorized under section 3707.562, 4723.486, 4730.436, or 4731.943 of the Revised Code to administer naloxone is not subject to criminal prosecution for a violation of section 4731.41 of the Revised Code or criminal prosecution under this chapter, if the individual, acting in good faith, does all of the following:
(1) Obtains naloxone from the service entity of which the individual is an employee, volunteer, or contractor;
(2) Administers the naloxone obtained to an individual who is apparently experiencing an opioid-related overdose;
(3) Attempts to summon emergency services as soon as practicable either before or after administering the naloxone.
(D) Divisions (B) and (C) of this section do not apply to a peace officer or to an emergency medical technician-basic, emergency medical technician-intermediate, or emergency medical technician-paramedic, as defined in section 4765.01 of the Revised Code.
(E)(1) If a peace officer, acting in good faith, administers naloxone to an individual who is apparently experiencing an opioid-related overdose, both of the following apply:
(a) The peace officer is not subject to administrative action, criminal prosecution for a violation of section 4731.41 of the Revised Code, or criminal prosecution under this chapter.
(b) The peace officer is not liable for damages in a civil action for injury, death, or loss to person or property for an act or omission that allegedly arises from obtaining, maintaining, accessing, or administering the naloxone.
(2) Division (E)(1)(b) of this section does not eliminate, limit, or reduce any other immunity or defense that an entity or person may be entitled to under section 9.86 or Chapter 2744. of the Revised Code, any other provision of the Revised Code, or the common law of this state.
Sec. 2929.04. (A) Imposition of the death penalty for aggravated murder is precluded unless one or more of the following is specified in the indictment or count in the indictment pursuant to section 2941.14 of the Revised Code and proved beyond a reasonable doubt:
(1) The offense was the assassination of the president of the United States or a person in line of succession to the presidency, the governor or lieutenant governor of this state, the president-elect or vice president-elect of the United States, the governor-elect or lieutenant governor-elect of this state, or a candidate for any of the offices described in this division. For purposes of this division, a person is a candidate if the person has been nominated for election according to law, if the person has filed a petition or petitions according to law to have the person's name placed on the ballot in a primary or general election, or if the person campaigns as a write-in candidate in a primary or general election.
(2) The offense was committed for hire.
(3) The offense was committed for the purpose of escaping detection, apprehension, trial, or punishment for another offense committed by the offender.
(4) The offense was committed while the offender was under detention or while the offender was at large after having broken detention. As used in division (A)(4) of this section, "detention" has the same meaning as in section 2921.01 of the Revised Code, except that detention does not include hospitalization, institutionalization, or confinement in a mental health facility or intellectual disabilities facility unless at the time of the commission of the offense either of the following circumstances apply:
(a) The offender was in the facility as a result of being charged with a violation of a section of the Revised Code.
(b) The offender was under detention as a result of being convicted of or pleading guilty to a violation of a section of the Revised Code.
(5) Prior to the offense at bar, the offender was convicted of an offense an essential element of which was the purposeful killing of or attempt to kill another, or the offense at bar was part of a course of conduct involving the purposeful killing of or attempt to kill two or more persons by the offender.
(6)
The victim of the offense was a law enforcement officer, as defined
in section 2911.01
2911.011
of
the Revised Code, whom the offender had reasonable cause to know or
knew to be a law enforcement officer as so defined, and either the
victim, at the time of the commission of the offense, was engaged in
the victim's duties, or it was the offender's specific purpose to
kill a law enforcement officer as so defined.
(7) The offense was committed while the offender was committing, attempting to commit, or fleeing immediately after committing or attempting to commit kidnapping, rape, aggravated arson, aggravated robbery, or aggravated burglary, and either the offender was the principal offender in the commission of the aggravated murder or, if not the principal offender, committed the aggravated murder with prior calculation and design.
(8) The victim of the aggravated murder was a witness to an offense who was purposely killed to prevent the victim's testimony in any criminal proceeding and the aggravated murder was not committed during the commission, attempted commission, or flight immediately after the commission or attempted commission of the offense to which the victim was a witness, or the victim of the aggravated murder was a witness to an offense and was purposely killed in retaliation for the victim's testimony in any criminal proceeding.
(9) The offender, in the commission of the offense, purposefully caused the death of another who was under thirteen years of age at the time of the commission of the offense, and either the offender was the principal offender in the commission of the offense or, if not the principal offender, committed the offense with prior calculation and design.
(10) The offense was committed while the offender was committing, attempting to commit, or fleeing immediately after committing or attempting to commit terrorism.
(B) If one or more of the aggravating circumstances listed in division (A) of this section is specified in the indictment or count in the indictment and proved beyond a reasonable doubt, if the offender did not raise the matter of age pursuant to section 2929.023 of the Revised Code or the offender after raising that matter was found at trial to have been eighteen years of age or older at the time of the commission of the offense, and if the offender did not raise the matter of the offender's serious mental illness at the time of the commission of the offense pursuant to section 2929.025 of the Revised Code or the offender after raising that matter was found by the court to not be ineligible for a sentence of death, the court, trial jury, or panel of three judges shall consider, and weigh against the aggravating circumstances proved beyond a reasonable doubt, the nature and circumstances of the offense, the history, character, and background of the offender, and all of the following factors:
(1) Whether the victim of the offense induced or facilitated it;
(2) Whether it is unlikely that the offense would have been committed, but for the fact that the offender was under duress, coercion, or strong provocation;
(3) Whether, at the time of committing the offense, the offender, because of a mental disease or defect, lacked substantial capacity to appreciate the criminality of the offender's conduct or to conform the offender's conduct to the requirements of the law;
(4) The youth of the offender;
(5) The offender's lack of a significant history of prior criminal convictions and delinquency adjudications;
(6) If the offender was a participant in the offense but not the principal offender, the degree of the offender's participation in the offense and the degree of the offender's participation in the acts that led to the death of the victim;
(7) Any other factors that are relevant to the issue of whether the offender should be sentenced to death.
(C) The defendant shall be given great latitude in the presentation of evidence of the factors listed in division (B) of this section and of any other factors in mitigation of the imposition of the sentence of death.
The existence of any of the mitigating factors listed in division (B) of this section does not preclude the imposition of a sentence of death on the offender but shall be weighed pursuant to divisions (D)(2) and (3) of section 2929.03 of the Revised Code by the trial court, trial jury, or the panel of three judges against the aggravating circumstances the offender was found guilty of committing.
Sec. 2929.13. (A) Except as provided in division (E), (F), or (G) of this section and unless a specific sanction is required to be imposed or is precluded from being imposed pursuant to law, a court that imposes a sentence upon an offender for a felony may impose any sanction or combination of sanctions on the offender that are provided in sections 2929.14 to 2929.18 of the Revised Code.
If the offender is eligible to be sentenced to community control sanctions, the court shall consider the appropriateness of imposing a financial sanction pursuant to section 2929.18 of the Revised Code or a sanction of community service pursuant to section 2929.17 of the Revised Code as the sole sanction for the offense. Except as otherwise provided in this division, if the court is required to impose a mandatory prison term for the offense for which sentence is being imposed, the court also shall impose any financial sanction pursuant to section 2929.18 of the Revised Code that is required for the offense and may impose any other financial sanction pursuant to that section but may not impose any additional sanction or combination of sanctions under section 2929.16 or 2929.17 of the Revised Code.
If the offender is being sentenced for a fourth degree felony OVI offense or for a third degree felony OVI offense, in addition to the mandatory term of local incarceration or the mandatory prison term required for the offense by division (G)(1) or (2) of this section, the court shall impose upon the offender a mandatory fine in accordance with division (B)(3) of section 2929.18 of the Revised Code and may impose whichever of the following is applicable:
(1) For a fourth degree felony OVI offense for which sentence is imposed under division (G)(1) of this section, an additional community control sanction or combination of community control sanctions under section 2929.16 or 2929.17 of the Revised Code. If the court imposes upon the offender a community control sanction and the offender violates any condition of the community control sanction, the court may take any action prescribed in division (B) of section 2929.15 of the Revised Code relative to the offender, including imposing a prison term on the offender pursuant to that division.
(2) For a third or fourth degree felony OVI offense for which sentence is imposed under division (G)(2) of this section, an additional prison term as described in division (B)(4) of section 2929.14 of the Revised Code or a community control sanction as described in division (G)(2) of this section.
(B)(1)(a) Except as provided in division (B)(1)(b) of this section, if an offender is convicted of or pleads guilty to a felony of the fourth or fifth degree that is not an offense of violence or that is a qualifying assault offense, the court shall sentence the offender to a community control sanction or combination of community control sanctions if all of the following apply:
(i) The offender previously has not been convicted of or pleaded guilty to a felony offense.
(ii) The most serious charge against the offender at the time of sentencing is a felony of the fourth or fifth degree.
(iii) The offender previously has not been convicted of or pleaded guilty to a misdemeanor offense of violence that the offender committed within two years prior to the offense for which sentence is being imposed.
(b) The court has discretion to impose a prison term upon an offender who is convicted of or pleads guilty to a felony of the fourth or fifth degree that is not an offense of violence or that is a qualifying assault offense if any of the following apply:
(i) The offender committed the offense while having a firearm on or about the offender's person or under the offender's control.
(ii) If the offense is a qualifying assault offense, the offender caused serious physical harm to another person while committing the offense, and, if the offense is not a qualifying assault offense, the offender caused physical harm to another person while committing the offense.
(iii) The offender violated a term of the conditions of bond as set by the court.
(iv) The offense is a sex offense that is a fourth or fifth degree felony violation of any provision of Chapter 2907. of the Revised Code.
(v) In committing the offense, the offender attempted to cause or made an actual threat of physical harm to a person with a deadly weapon.
(vi) In committing the offense, the offender attempted to cause or made an actual threat of physical harm to a person, and the offender previously was convicted of an offense that caused physical harm to a person.
(vii) The offender held a public office or position of trust, and the offense related to that office or position; the offender's position obliged the offender to prevent the offense or to bring those committing it to justice; or the offender's professional reputation or position facilitated the offense or was likely to influence the future conduct of others.
(viii) The offender committed the offense for hire or as part of an organized criminal activity.
(ix) The offender at the time of the offense was serving, or the offender previously had served, a prison term.
(x) The offender committed the offense while under a community control sanction, while on probation, or while released from custody on a bond or personal recognizance.
(c) A sentencing court may impose an additional penalty under division (B) of section 2929.15 of the Revised Code upon an offender sentenced to a community control sanction under division (B)(1)(a) of this section if the offender violates the conditions of the community control sanction, violates a law, or leaves the state without the permission of the court or the offender's probation officer.
(2) If division (B)(1) of this section does not apply, except as provided in division (E), (F), or (G) of this section, in determining whether to impose a prison term as a sanction for a felony of the fourth or fifth degree, the sentencing court shall comply with the purposes and principles of sentencing under section 2929.11 of the Revised Code and with section 2929.12 of the Revised Code.
(C) Except as provided in division (D), (E), (F), or (G) of this section, in determining whether to impose a prison term as a sanction for a felony of the third degree or a felony drug offense that is a violation of a provision of Chapter 2925. of the Revised Code and that is specified as being subject to this division for purposes of sentencing, the sentencing court shall comply with the purposes and principles of sentencing under section 2929.11 of the Revised Code and with section 2929.12 of the Revised Code.
(D)(1) Except as provided in division (E) or (F) of this section, for a felony of the first or second degree, for a felony drug offense that is a violation of any provision of Chapter 2925., 3719., or 4729. of the Revised Code for which a presumption in favor of a prison term is specified as being applicable, and for a violation of division (A)(4) or (B) of section 2907.05 of the Revised Code for which a presumption in favor of a prison term is specified as being applicable, it is presumed that a prison term is necessary in order to comply with the purposes and principles of sentencing under section 2929.11 of the Revised Code. Division (D)(2) of this section does not apply to a presumption established under this division for a violation of division (A)(4) of section 2907.05 of the Revised Code.
(2) Notwithstanding the presumption established under division (D)(1) of this section for the offenses listed in that division other than a violation of division (A)(4) or (B) of section 2907.05 of the Revised Code, the sentencing court may impose a community control sanction or a combination of community control sanctions instead of a prison term on an offender for a felony of the first or second degree or for a felony drug offense that is a violation of any provision of Chapter 2925., 3719., or 4729. of the Revised Code for which a presumption in favor of a prison term is specified as being applicable if it makes both of the following findings:
(a) A community control sanction or a combination of community control sanctions would adequately punish the offender and protect the public from future crime, because the applicable factors under section 2929.12 of the Revised Code indicating a lesser likelihood of recidivism outweigh the applicable factors under that section indicating a greater likelihood of recidivism.
(b) A community control sanction or a combination of community control sanctions would not demean the seriousness of the offense, because one or more factors under section 2929.12 of the Revised Code that indicate that the offender's conduct was less serious than conduct normally constituting the offense are applicable, and they outweigh the applicable factors under that section that indicate that the offender's conduct was more serious than conduct normally constituting the offense.
(E)(1) Except as provided in division (F) of this section, for any drug offense that is a violation of any provision of Chapter 2925. of the Revised Code and that is a felony of the third, fourth, or fifth degree, the applicability of a presumption under division (D) of this section in favor of a prison term or of division (B) or (C) of this section in determining whether to impose a prison term for the offense shall be determined as specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the Revised Code, whichever is applicable regarding the violation.
(2) If an offender who was convicted of or pleaded guilty to a felony violates the conditions of a community control sanction imposed for the offense solely by reason of producing positive results on a drug test or by acting pursuant to division (B)(2)(b) of section 2925.11 of the Revised Code with respect to a minor drug possession offense, the court, as punishment for the violation of the sanction, shall not order that the offender be imprisoned unless the court determines on the record either of the following:
(a) The offender had been ordered as a sanction for the felony to participate in a drug treatment program, in a drug education program, or in narcotics anonymous or a similar program, and the offender continued to use illegal drugs after a reasonable period of participation in the program.
(b) The imprisonment of the offender for the violation is consistent with the purposes and principles of sentencing set forth in section 2929.11 of the Revised Code.
(3) A court that sentences an offender for a drug abuse offense that is a felony of the third, fourth, or fifth degree may require that the offender be assessed by a properly credentialed professional within a specified period of time. The court shall require the professional to file a written assessment of the offender with the court. If the offender is eligible for a community control sanction and after considering the written assessment, the court may impose a community control sanction that includes addiction services and recovery supports included in a community-based continuum of care established under section 340.032 of the Revised Code. If the court imposes addiction services and recovery supports as a community control sanction, the court shall direct the level and type of addiction services and recovery supports after considering the assessment and recommendation of community addiction services providers.
(F)
Notwithstanding divisions (A) to (E) of this section, the court shall
impose a prison term or terms under sections 2929.02 to 2929.06,
section 2929.14, section 2929.142, or section 2971.03 of the Revised
Code and except as specifically provided in section 2929.20,
divisions (C) to (I) of section 2967.19,
or
section 2967.191 of the Revised Code or when parole is authorized for
the offense under section 2967.13 of the Revised Code shall not
reduce the term or terms pursuant to section 2929.20, section
2967.19, section
2967.193, or any other provision of Chapter 2967. or Chapter 5120. of
the Revised Code for any of the following offenses:
(1) Aggravated murder when death is not imposed or murder;
(2) Any rape, regardless of whether force was involved and regardless of the age of the victim, or an attempt to commit rape if, had the offender completed the rape that was attempted, the offender would have been guilty of a violation of division (A)(1)(b) of section 2907.02 of the Revised Code and would be sentenced under section 2971.03 of the Revised Code;
(3) Gross sexual imposition or sexual battery, if the victim is less than thirteen years of age and if any of the following applies:
(a) Regarding gross sexual imposition, the offender previously was convicted of or pleaded guilty to rape, the former offense of felonious sexual penetration, gross sexual imposition, or sexual battery, and the victim of the previous offense was less than thirteen years of age;
(b) Regarding gross sexual imposition, the offense was committed on or after August 3, 2006, and evidence other than the testimony of the victim was admitted in the case corroborating the violation.
(c) Regarding sexual battery, either of the following applies:
(i) The offense was committed prior to August 3, 2006, the offender previously was convicted of or pleaded guilty to rape, the former offense of felonious sexual penetration, or sexual battery, and the victim of the previous offense was less than thirteen years of age.
(ii) The offense was committed on or after August 3, 2006.
(4)
A felony violation of section 2903.04, 2903.06, 2903.08, 2903.11,
2903.12, 2903.13, 2905.32, 2907.07, 2921.321,
or
2923.132 of the Revised Code if the section requires the imposition
of a prison term;
(5) A first, second, or third degree felony drug offense for which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or 4729.99 of the Revised Code, whichever is applicable regarding the violation, requires the imposition of a mandatory prison term;
(6) Any offense that is a first or second degree felony and that is not set forth in division (F)(1), (2), (3), or (4) of this section, if the offender previously was convicted of or pleaded guilty to aggravated murder, murder, any first or second degree felony, or an offense under an existing or former law of this state, another state, or the United States that is or was substantially equivalent to one of those offenses;
(7) Any offense that is a third degree felony and either is a violation of section 2903.04 of the Revised Code or an attempt to commit a felony of the second degree that is an offense of violence and involved an attempt to cause serious physical harm to a person or that resulted in serious physical harm to a person if the offender previously was convicted of or pleaded guilty to any of the following offenses:
(a) Aggravated murder, murder, involuntary manslaughter, rape, felonious sexual penetration as it existed under section 2907.12 of the Revised Code prior to September 3, 1996, a felony of the first or second degree that resulted in the death of a person or in physical harm to a person, or complicity in or an attempt to commit any of those offenses;
(b) An offense under an existing or former law of this state, another state, or the United States that is or was substantially equivalent to an offense listed in division (F)(7)(a) of this section that resulted in the death of a person or in physical harm to a person.
(8) Any offense, other than a violation of section 2923.12 of the Revised Code, that is a felony, if the offender had a firearm on or about the offender's person or under the offender's control while committing the felony, with respect to a portion of the sentence imposed pursuant to division (B)(1)(a) of section 2929.14 of the Revised Code for having the firearm;
(9) Any offense of violence that is a felony, if the offender wore or carried body armor while committing the felony offense of violence, with respect to the portion of the sentence imposed pursuant to division (B)(1)(d) of section 2929.14 of the Revised Code for wearing or carrying the body armor;
(10) Corrupt activity in violation of section 2923.32 of the Revised Code when the most serious offense in the pattern of corrupt activity that is the basis of the offense is a felony of the first degree;
(11) Any violent sex offense or designated homicide, assault, or kidnapping offense if, in relation to that offense, the offender is adjudicated a sexually violent predator;
(12)
A
violation of division (A)(1) or (2) of section 2921.36 of the Revised
Code, or a violation of division (C) of that section involving an
item listed in division (A)(1) or (2) of that section, if the
offender is an officer or employee of the department of
rehabilitation and correction;
(13)
A
violation of division (A)(1) or (2) of section 2903.06 of the Revised
Code if the victim of the offense is a peace officer, as defined in
section 2935.01 of the Revised Code, or an investigator of the bureau
of criminal identification and investigation, as defined in section
2903.11 of the Revised Code, with respect to the portion of the
sentence imposed pursuant to division (B)(5) of section 2929.14 of
the Revised Code;
(14)(13)
A
violation of division (A)(1) or (2) of section 2903.06 of the Revised
Code if the offender has been convicted of or pleaded guilty to three
or more violations of division (A) or (B) of section 4511.19 of the
Revised Code or an equivalent offense, as defined in section
2941.1415 of the Revised Code, or three or more violations of any
combination of those divisions and offenses, with respect to the
portion of the sentence imposed pursuant to division (B)(6) of
section 2929.14 of the Revised Code;
(15)(14)
Kidnapping,
in the circumstances specified in section 2971.03 of the Revised Code
and when no other provision of division (F) of this section applies;
(16)(15)
Kidnapping,
abduction, compelling prostitution, promoting prostitution, engaging
in a pattern of corrupt activity, a violation of division (A)(1) or
(2) of section 2907.323 of the Revised Code that involves a minor, or
endangering children in violation of division (B)(1), (2), (3), (4),
or (5) of section 2919.22 of the Revised Code, if the offender is
convicted of or pleads guilty to a specification as described in
section 2941.1422 of the Revised Code that was included in the
indictment, count in the indictment, or information charging the
offense;
(17)(16)
A
felony violation of division (A) or (B) of section 2919.25 of the
Revised Code if division (D)(3), (4), or (5) of that section, and
division (D)(6) of that section, require the imposition of a prison
term;
(18)(17)
A
felony violation of section 2903.11, 2903.12, or 2903.13 of the
Revised Code, if the victim of the offense was a woman that the
offender knew was pregnant at the time of the violation, with respect
to a portion of the sentence imposed pursuant to division (B)(8) of
section 2929.14 of the Revised Code;
(19)(a)(18)(a)
Any
violent felony offense if the offender is a violent career criminal
and had a firearm on or about the offender's person or under the
offender's control during the commission of the violent felony
offense and displayed or brandished the firearm, indicated that the
offender possessed a firearm, or used the firearm to facilitate the
offense, with respect to the portion of the sentence imposed under
division (K) of section 2929.14 of the Revised Code.
(b)
As used in division (F)(19)(a)(F)(18)(a)
of
this section, "violent career criminal" and "violent
felony offense" have the same meanings as in section 2923.132 of
the Revised Code;.
(20)(19)
Any
violation of division (A)(1) of section 2903.11 of the Revised Code
if the offender used an accelerant in committing the violation and
the serious physical harm to another or another's unborn caused by
the violation resulted in a permanent, serious disfigurement or
permanent, substantial incapacity or any violation of division (A)(2)
of that section if the offender used an accelerant in committing the
violation, the violation caused physical harm to another or another's
unborn, and the physical harm resulted in a permanent, serious
disfigurement or permanent, substantial incapacity, with respect to a
portion of the sentence imposed pursuant to division (B)(9) of
section 2929.14 of the Revised Code. The provisions of this division
and of division (D)(2) of section 2903.11, divisions (B)(9) and
(C)(6) of section 2929.14, and section 2941.1425 of the Revised Code
shall be known as "Judy's Law."
(21)(20)
Any
violation of division (A) of section 2903.11 of the Revised Code if
the victim of the offense suffered permanent disabling harm as a
result of the offense and the victim was under ten years of age at
the time of the offense, with respect to a portion of the sentence
imposed pursuant to division (B)(10) of section 2929.14 of the
Revised Code.
(22)(21)
A
felony violation of section 2925.03, 2925.05, or 2925.11 of the
Revised Code, if the drug involved in the violation is a
fentanyl-related compound or a compound, mixture, preparation, or
substance containing a fentanyl-related compound and the offender is
convicted of or pleads guilty to a specification of the type
described in division (B) of section 2941.1410 of the Revised Code
that was included in the indictment, count in the indictment, or
information charging the offense, with respect to the portion of the
sentence imposed under division (B)(11) of section 2929.14 of the
Revised Code.
(G) Notwithstanding divisions (A) to (E) of this section, if an offender is being sentenced for a fourth degree felony OVI offense or for a third degree felony OVI offense, the court shall impose upon the offender a mandatory term of local incarceration or a mandatory prison term in accordance with the following:
(1) If the offender is being sentenced for a fourth degree felony OVI offense and if the offender has not been convicted of and has not pleaded guilty to a specification of the type described in section 2941.1413 of the Revised Code, the court may impose upon the offender a mandatory term of local incarceration of sixty days or one hundred twenty days as specified in division (G)(1)(d) of section 4511.19 of the Revised Code. The court shall not reduce the term pursuant to section 2929.20, 2967.193, or any other provision of the Revised Code. The court that imposes a mandatory term of local incarceration under this division shall specify whether the term is to be served in a jail, a community-based correctional facility, a halfway house, or an alternative residential facility, and the offender shall serve the term in the type of facility specified by the court. A mandatory term of local incarceration imposed under division (G)(1) of this section is not subject to any other Revised Code provision that pertains to a prison term except as provided in division (A)(1) of this section.
(2)
If the offender is being sentenced for a third degree felony OVI
offense, or if the offender is being sentenced for a fourth degree
felony OVI offense and the court does not impose a mandatory term of
local incarceration under division (G)(1) of this section, the court
shall impose upon the offender a mandatory prison term of one, two,
three, four, or five years if the offender also is convicted of or
also pleads guilty to a specification of the type described in
section 2941.1413 of the Revised Code or shall impose upon the
offender a mandatory prison term of sixty days or one hundred twenty
days as specified in division (G)(1)(d) or (e) of section 4511.19 of
the Revised Code if the offender has not been convicted of and has
not pleaded guilty to a specification of that type. Subject
to divisions (C) to (I) of section 2967.19 of the Revised Code, the
The
court
shall not reduce the term pursuant to section 2929.20, 2967.19,
2967.193, or any other provision of the Revised Code. The offender
shall serve the one-, two-, three-, four-, or five-year mandatory
prison term consecutively to and prior to the prison term imposed for
the underlying offense and consecutively to any other mandatory
prison term imposed in relation to the offense. In no case shall an
offender who once has been sentenced to a mandatory term of local
incarceration pursuant to division (G)(1) of this section for a
fourth degree felony OVI offense be sentenced to another mandatory
term of local incarceration under that division for any violation of
division (A) of section 4511.19 of the Revised Code. In addition to
the mandatory prison term described in division (G)(2) of this
section, the court may sentence the offender to a community control
sanction under section 2929.16 or 2929.17 of the Revised Code, but
the offender shall serve the prison term prior to serving the
community control sanction. The department of rehabilitation and
correction may place an offender sentenced to a mandatory prison term
under this division in an intensive program prison established
pursuant to section 5120.033 of the Revised Code if the department
gave the sentencing judge prior notice of its intent to place the
offender in an intensive program prison established under that
section and if the judge did not notify the department that the judge
disapproved the placement. Upon the establishment of the initial
intensive program prison pursuant to section 5120.033 of the Revised
Code that is privately operated and managed by a contractor pursuant
to a contract entered into under section 9.06 of the Revised Code,
both of the following apply:
(a) The department of rehabilitation and correction shall make a reasonable effort to ensure that a sufficient number of offenders sentenced to a mandatory prison term under this division are placed in the privately operated and managed prison so that the privately operated and managed prison has full occupancy.
(b) Unless the privately operated and managed prison has full occupancy, the department of rehabilitation and correction shall not place any offender sentenced to a mandatory prison term under this division in any intensive program prison established pursuant to section 5120.033 of the Revised Code other than the privately operated and managed prison.
(H) If an offender is being sentenced for a sexually oriented offense or child-victim oriented offense that is a felony committed on or after January 1, 1997, the judge shall require the offender to submit to a DNA specimen collection procedure pursuant to section 2901.07 of the Revised Code.
(I) If an offender is being sentenced for a sexually oriented offense or a child-victim oriented offense committed on or after January 1, 1997, the judge shall include in the sentence a summary of the offender's duties imposed under sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code and the duration of the duties. The judge shall inform the offender, at the time of sentencing, of those duties and of their duration. If required under division (A)(2) of section 2950.03 of the Revised Code, the judge shall perform the duties specified in that section, or, if required under division (A)(6) of section 2950.03 of the Revised Code, the judge shall perform the duties specified in that division.
(J)(1) Except as provided in division (J)(2) of this section, when considering sentencing factors under this section in relation to an offender who is convicted of or pleads guilty to an attempt to commit an offense in violation of section 2923.02 of the Revised Code, the sentencing court shall consider the factors applicable to the felony category of the violation of section 2923.02 of the Revised Code instead of the factors applicable to the felony category of the offense attempted.
(2) When considering sentencing factors under this section in relation to an offender who is convicted of or pleads guilty to an attempt to commit a drug abuse offense for which the penalty is determined by the amount or number of unit doses of the controlled substance involved in the drug abuse offense, the sentencing court shall consider the factors applicable to the felony category that the drug abuse offense attempted would be if that drug abuse offense had been committed and had involved an amount or number of unit doses of the controlled substance that is within the next lower range of controlled substance amounts than was involved in the attempt.
(K) As used in this section:
(1) "Community addiction services provider" has the same meaning as in section 5119.01 of the Revised Code.
(2) "Drug abuse offense" has the same meaning as in section 2925.01 of the Revised Code.
(3) "Minor drug possession offense" has the same meaning as in section 2925.11 of the Revised Code.
(4) "Qualifying assault offense" means a violation of section 2903.13 of the Revised Code for which the penalty provision in division (C)(8)(b) or (C)(9)(b) of that section applies.
(L) At the time of sentencing an offender for any sexually oriented offense, if the offender is a tier III sex offender/child-victim offender relative to that offense and the offender does not serve a prison term or jail term, the court may require that the offender be monitored by means of a global positioning device. If the court requires such monitoring, the cost of monitoring shall be borne by the offender. If the offender is indigent, the cost of compliance shall be paid by the crime victims reparations fund.
Sec. 2929.18. (A) Except as otherwise provided in this division and in addition to imposing court costs pursuant to section 2947.23 of the Revised Code, the court imposing a sentence upon an offender for a felony may sentence the offender to any financial sanction or combination of financial sanctions authorized under this section or, in the circumstances specified in section 2929.32 of the Revised Code, may impose upon the offender a fine in accordance with that section. Financial sanctions that may be imposed pursuant to this section include, but are not limited to, the following:
(1) Restitution by the offender to the victim of the offender's crime or any survivor of the victim, in an amount based on the victim's economic loss. If the court imposes restitution, the court shall order that the restitution be made to the victim in open court, to the adult probation department that serves the county on behalf of the victim, to the clerk of courts, or to another agency designated by the court. If the court imposes restitution, at sentencing, the court shall determine the amount of restitution to be made by the offender. If the court imposes restitution, the court may base the amount of restitution it orders on an amount recommended by the victim, the offender, a presentence investigation report, estimates or receipts indicating the cost of repairing or replacing property, and other information, provided that the amount the court orders as restitution shall not exceed the amount of the economic loss suffered by the victim as a direct and proximate result of the commission of the offense. If the court imposes restitution for the cost of accounting or auditing done to determine the extent of economic loss, the court may order restitution for any amount of the victim's costs of accounting or auditing provided that the amount of restitution is reasonable and does not exceed the value of property or services stolen or damaged as a result of the offense. If the court decides to impose restitution, the court shall hold a hearing on restitution if the offender, victim, or survivor disputes the amount. All restitution payments shall be credited against any recovery of economic loss in a civil action brought by the victim or any survivor of the victim against the offender.
If the court imposes restitution, the court may order that the offender pay a surcharge of not more than five per cent of the amount of the restitution otherwise ordered to the entity responsible for collecting and processing restitution payments.
The victim or survivor may request that the prosecutor in the case file a motion, or the offender may file a motion, for modification of the payment terms of any restitution ordered. If the court grants the motion, it may modify the payment terms as it determines appropriate.
(2) Except as provided in division (B)(1), (3), or (4) of this section, a fine payable by the offender to the state, to a political subdivision, or as described in division (B)(2) of this section to one or more law enforcement agencies, with the amount of the fine based on a standard percentage of the offender's daily income over a period of time determined by the court and based upon the seriousness of the offense. A fine ordered under this division shall not exceed the maximum conventional fine amount authorized for the level of the offense under division (A)(3) of this section.
(3) Except as provided in division (B)(1), (3), or (4) of this section, a fine payable by the offender to the state, to a political subdivision when appropriate for a felony, or as described in division (B)(2) of this section to one or more law enforcement agencies, in the following amount:
(a) For a felony of the first degree, not more than twenty thousand dollars;
(b) For a felony of the second degree, not more than fifteen thousand dollars;
(c) For a felony of the third degree, not more than ten thousand dollars;
(d) For a felony of the fourth degree, not more than five thousand dollars;
(e) For a felony of the fifth degree, not more than two thousand five hundred dollars.
(4) A state fine or costs as defined in section 2949.111 of the Revised Code.
(5)(a) Reimbursement by the offender of any or all of the costs of sanctions incurred by the government, including the following:
(i) All or part of the costs of implementing any community control sanction, including a supervision fee under section 2951.021 of the Revised Code;
(ii) All or part of the costs of confinement under a sanction imposed pursuant to section 2929.14, 2929.142, or 2929.16 of the Revised Code, provided that the amount of reimbursement ordered under this division shall not exceed the total amount of reimbursement the offender is able to pay as determined at a hearing and shall not exceed the actual cost of the confinement;
(iii) All or part of the cost of purchasing and using an immobilizing or disabling device, including a certified ignition interlock device, or a remote alcohol monitoring device that a court orders an offender to use under section 4510.13 of the Revised Code.
(b) If the offender is sentenced to a sanction of confinement pursuant to section 2929.14 or 2929.16 of the Revised Code that is to be served in a facility operated by a board of county commissioners, a legislative authority of a municipal corporation, or another local governmental entity, if, pursuant to section 307.93, 341.14, 341.19, 341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code and section 2929.37 of the Revised Code, the board, legislative authority, or other local governmental entity requires prisoners to reimburse the county, municipal corporation, or other entity for its expenses incurred by reason of the prisoner's confinement, and if the court does not impose a financial sanction under division (A)(5)(a)(ii) of this section, confinement costs may be assessed pursuant to section 2929.37 of the Revised Code. In addition, the offender may be required to pay the fees specified in section 2929.38 of the Revised Code in accordance with that section.
(c) Reimbursement by the offender for costs pursuant to section 2929.71 of the Revised Code.
(B)(1) For a first, second, or third degree felony violation of any provision of Chapter 2925., 3719., or 4729. of the Revised Code, the sentencing court shall impose upon the offender a mandatory fine of at least one-half of, but not more than, the maximum statutory fine amount authorized for the level of the offense pursuant to division (A)(3) of this section. If an offender alleges in an affidavit filed with the court prior to sentencing that the offender is indigent and unable to pay the mandatory fine and if the court determines the offender is an indigent person and is unable to pay the mandatory fine described in this division, the court shall not impose the mandatory fine upon the offender.
(2) Any mandatory fine imposed upon an offender under division (B)(1) of this section and any fine imposed upon an offender under division (A)(2) or (3) of this section for any fourth or fifth degree felony violation of any provision of Chapter 2925., 3719., or 4729. of the Revised Code shall be paid to law enforcement agencies pursuant to division (F) of section 2925.03 of the Revised Code.
(3) For a fourth degree felony OVI offense and for a third degree felony OVI offense, the sentencing court shall impose upon the offender a mandatory fine in the amount specified in division (G)(1)(d) or (e) of section 4511.19 of the Revised Code, whichever is applicable. The mandatory fine so imposed shall be disbursed as provided in the division pursuant to which it is imposed.
(4) Notwithstanding any fine otherwise authorized or required to be imposed under division (A)(2) or (3) or (B)(1) of this section or section 2929.31 of the Revised Code for a violation of section 2925.03 of the Revised Code, in addition to any penalty or sanction imposed for that offense under section 2925.03 or sections 2929.11 to 2929.18 of the Revised Code and in addition to the forfeiture of property in connection with the offense as prescribed in Chapter 2981. of the Revised Code, the court that sentences an offender for a violation of section 2925.03 of the Revised Code may impose upon the offender a fine in addition to any fine imposed under division (A)(2) or (3) of this section and in addition to any mandatory fine imposed under division (B)(1) of this section. The fine imposed under division (B)(4) of this section shall be used as provided in division (H) of section 2925.03 of the Revised Code. A fine imposed under division (B)(4) of this section shall not exceed whichever of the following is applicable:
(a) The total value of any personal or real property in which the offender has an interest and that was used in the course of, intended for use in the course of, derived from, or realized through conduct in violation of section 2925.03 of the Revised Code, including any property that constitutes proceeds derived from that offense;
(b) If the offender has no interest in any property of the type described in division (B)(4)(a) of this section or if it is not possible to ascertain whether the offender has an interest in any property of that type in which the offender may have an interest, the amount of the mandatory fine for the offense imposed under division (B)(1) of this section or, if no mandatory fine is imposed under division (B)(1) of this section, the amount of the fine authorized for the level of the offense imposed under division (A)(3) of this section.
(5) Prior to imposing a fine under division (B)(4) of this section, the court shall determine whether the offender has an interest in any property of the type described in division (B)(4)(a) of this section. Except as provided in division (B)(6) or (7) of this section, a fine that is authorized and imposed under division (B)(4) of this section does not limit or affect the imposition of the penalties and sanctions for a violation of section 2925.03 of the Revised Code prescribed under those sections or sections 2929.11 to 2929.18 of the Revised Code and does not limit or affect a forfeiture of property in connection with the offense as prescribed in Chapter 2981. of the Revised Code.
(6) If the sum total of a mandatory fine amount imposed for a first, second, or third degree felony violation of section 2925.03 of the Revised Code under division (B)(1) of this section plus the amount of any fine imposed under division (B)(4) of this section does not exceed the maximum statutory fine amount authorized for the level of the offense under division (A)(3) of this section or section 2929.31 of the Revised Code, the court may impose a fine for the offense in addition to the mandatory fine and the fine imposed under division (B)(4) of this section. The sum total of the amounts of the mandatory fine, the fine imposed under division (B)(4) of this section, and the additional fine imposed under division (B)(6) of this section shall not exceed the maximum statutory fine amount authorized for the level of the offense under division (A)(3) of this section or section 2929.31 of the Revised Code. The clerk of the court shall pay any fine that is imposed under division (B)(6) of this section to the county, township, municipal corporation, park district as created pursuant to section 511.18 or 1545.04 of the Revised Code, or state law enforcement agencies in this state that primarily were responsible for or involved in making the arrest of, and in prosecuting, the offender pursuant to division (F) of section 2925.03 of the Revised Code.
(7) If the sum total of the amount of a mandatory fine imposed for a first, second, or third degree felony violation of section 2925.03 of the Revised Code plus the amount of any fine imposed under division (B)(4) of this section exceeds the maximum statutory fine amount authorized for the level of the offense under division (A)(3) of this section or section 2929.31 of the Revised Code, the court shall not impose a fine under division (B)(6) of this section.
(8)(a) If an offender who is convicted of or pleads guilty to a violation of section 2905.01, 2905.02, 2907.21, 2907.22, or 2923.32, division (A)(1) or (2) of section 2907.323 involving a minor, or division (B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised Code also is convicted of or pleads guilty to a specification of the type described in section 2941.1422 of the Revised Code that charges that the offender knowingly committed the offense in furtherance of human trafficking, the sentencing court shall sentence the offender to a financial sanction of restitution by the offender to the victim or any survivor of the victim, with the restitution including the costs of housing, counseling, and medical and legal assistance incurred by the victim as a direct result of the offense and the greater of the following:
(i) The gross income or value to the offender of the victim's labor or services;
(ii) The value of the victim's labor as guaranteed under the minimum wage and overtime provisions of the "Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 20 U.S.C. 207, and state labor laws.
(b) If a court imposing sentence upon an offender for a felony is required to impose upon the offender a financial sanction of restitution under division (B)(8)(a) of this section, in addition to that financial sanction of restitution, the court may sentence the offender to any other financial sanction or combination of financial sanctions authorized under this section, including a restitution sanction under division (A)(1) of this section.
(9) In addition to any other fine that is or may be imposed under this section, the court imposing sentence upon an offender for a felony that is a sexually oriented offense or a child-victim oriented offense, as those terms are defined in section 2950.01 of the Revised Code, may impose a fine of not less than fifty nor more than five hundred dollars.
(10)
For
a felony violation of division (A) of section 2921.321 of the Revised
Code that results in the death of the police dog or horse that is the
subject of the violation, the sentencing court shall impose upon the
offender a mandatory fine from the range of fines provided under
division (A)(3) of this section for a felony of the third degree. A
mandatory fine imposed upon an offender under division (B)(10) of
this section shall be paid to the law enforcement agency that was
served by the police dog or horse that was killed in the felony
violation of division (A) of section 2921.321 of the Revised Code to
be used as provided in division (E)(1)(b) of that section.
(11)
In
addition to any other fine that is or may be imposed under this
section, the court imposing sentence upon an offender for any of the
following offenses that is a felony may impose a fine of not less
than seventy nor more than five hundred dollars, which shall be
transmitted to the treasurer of state to be credited to the address
confidentiality program fund created by section 111.48 of the Revised
Code:
(a) Domestic violence;
(b) Menacing by stalking;
(c) Rape;
(d) Sexual battery;
(e) Trafficking in persons;
(f) A violation of section 2905.01, 2905.02, 2907.21, 2907.22, or 2923.32, division (A)(1) or (2) of section 2907.323 involving a minor, or division (B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised Code, if the offender also is convicted of a specification of the type described in section 2941.1422 of the Revised Code that charges that the offender knowingly committed the offense in furtherance of human trafficking.
(C)(1) Except as provided in section 2951.021 of the Revised Code, the offender shall pay reimbursements imposed upon the offender pursuant to division (A)(5)(a) of this section to pay the costs incurred by a county pursuant to any sanction imposed under this section or section 2929.16 or 2929.17 of the Revised Code or in operating a facility used to confine offenders pursuant to a sanction imposed under section 2929.16 of the Revised Code to the county treasurer. The county treasurer shall deposit the reimbursements in the sanction cost reimbursement fund that each board of county commissioners shall create in its county treasury. The county shall use the amounts deposited in the fund to pay the costs incurred by the county pursuant to any sanction imposed under this section or section 2929.16 or 2929.17 of the Revised Code or in operating a facility used to confine offenders pursuant to a sanction imposed under section 2929.16 of the Revised Code.
(2) Except as provided in section 2951.021 of the Revised Code, the offender shall pay reimbursements imposed upon the offender pursuant to division (A)(5)(a) of this section to pay the costs incurred by a municipal corporation pursuant to any sanction imposed under this section or section 2929.16 or 2929.17 of the Revised Code or in operating a facility used to confine offenders pursuant to a sanction imposed under section 2929.16 of the Revised Code to the treasurer of the municipal corporation. The treasurer shall deposit the reimbursements in a special fund that shall be established in the treasury of each municipal corporation. The municipal corporation shall use the amounts deposited in the fund to pay the costs incurred by the municipal corporation pursuant to any sanction imposed under this section or section 2929.16 or 2929.17 of the Revised Code or in operating a facility used to confine offenders pursuant to a sanction imposed under section 2929.16 of the Revised Code.
(3) Except as provided in section 2951.021 of the Revised Code, the offender shall pay reimbursements imposed pursuant to division (A)(5)(a) of this section for the costs incurred by a private provider pursuant to a sanction imposed under this section or section 2929.16 or 2929.17 of the Revised Code to the provider.
(D)
Except as otherwise provided in this division, a financial sanction
imposed pursuant to division (A) or (B) of this section is a judgment
in favor of the state or a political subdivision in which the court
that imposed the financial sanction is located, and the offender
subject to the financial sanction is the judgment debtor. A financial
sanction of reimbursement imposed pursuant to division (A)(5)(a)(ii)
of this section upon an offender who is incarcerated in a state
facility or a municipal jail is a judgment in favor of the state or
the municipal corporation, and the offender subject to the financial
sanction is the judgment debtor. A financial sanction of
reimbursement imposed upon an offender pursuant to this section for
costs incurred by a private provider of sanctions is a judgment in
favor of the private provider, and the offender subject to the
financial sanction is the judgment debtor. A
financial sanction of a mandatory fine imposed under division (B)(10)
of this section that is required under that division to be paid to a
law enforcement agency is a judgment in favor of the specified law
enforcement agency, and the offender subject to the financial
sanction is the judgment debtor. A
financial sanction of restitution imposed pursuant to division (A)(1)
or (B)(8) of this section is an order in favor of the victim of the
offender's criminal act that can be collected through a certificate
of judgment as described in division (D)(1) of this section, through
execution as described in division (D)(2) of this section, or through
an order as described in division (D)(3) of this section, and the
offender shall be considered for purposes of the collection as the
judgment debtor. Imposition of a financial sanction and execution on
the judgment does not preclude any other power of the court to impose
or enforce sanctions on the offender. Once the financial sanction is
imposed as a judgment or order under this division, the victim,
private provider, state, or political subdivision may do any of the
following:
(1) Obtain from the clerk of the court in which the judgment was entered a certificate of judgment that shall be in the same manner and form as a certificate of judgment issued in a civil action;
(2) Obtain execution of the judgment or order through any available procedure, including:
(a) An execution against the property of the judgment debtor under Chapter 2329. of the Revised Code;
(b) An execution against the person of the judgment debtor under Chapter 2331. of the Revised Code;
(c) A proceeding in aid of execution under Chapter 2333. of the Revised Code, including:
(i) A proceeding for the examination of the judgment debtor under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27 of the Revised Code;
(ii) A proceeding for attachment of the person of the judgment debtor under section 2333.28 of the Revised Code;
(iii) A creditor's suit under section 2333.01 of the Revised Code.
(d) The attachment of the property of the judgment debtor under Chapter 2715. of the Revised Code;
(e) The garnishment of the property of the judgment debtor under Chapter 2716. of the Revised Code.
(3) Obtain an order for the assignment of wages of the judgment debtor under section 1321.33 of the Revised Code.
(E) A court that imposes a financial sanction upon an offender may hold a hearing if necessary to determine whether the offender is able to pay the sanction or is likely in the future to be able to pay it.
(F) Each court imposing a financial sanction upon an offender under this section or under section 2929.32 of the Revised Code may designate the clerk of the court or another person to collect the financial sanction. The clerk or other person authorized by law or the court to collect the financial sanction may enter into contracts with one or more public agencies or private vendors for the collection of, amounts due under the financial sanction imposed pursuant to this section or section 2929.32 of the Revised Code. Before entering into a contract for the collection of amounts due from an offender pursuant to any financial sanction imposed pursuant to this section or section 2929.32 of the Revised Code, a court shall comply with sections 307.86 to 307.92 of the Revised Code.
(G) If a court that imposes a financial sanction under division (A) or (B) of this section finds that an offender satisfactorily has completed all other sanctions imposed upon the offender and that all restitution that has been ordered has been paid as ordered, the court may suspend any financial sanctions imposed pursuant to this section or section 2929.32 of the Revised Code that have not been paid.
(H) No financial sanction imposed under this section or section 2929.32 of the Revised Code shall preclude a victim from bringing a civil action against the offender.
Sec. 2930.01. As used in this chapter:
(A) "Crime" means any of the following:
(1) A felony;
(2)
A violation of section 2903.05, 2903.06, 2903.13, 2903.21, 2903.211,
2903.22, 2907.06, or
2919.25
of
the Revised Code,
or
2921.04 a
violation of division (B) of section 2921.03 of
the Revised Code, a violation of section 2903.07 of the Revised Code
as it existed prior to March 23, 2000, or a violation of a
substantially equivalent municipal ordinance;
(3) A violation of division (A) or (B) of section 4511.19, division (A) or (B) of section 1547.11, or division (A)(3) of section 4561.15 of the Revised Code or of a municipal ordinance substantially similar to any of those divisions that is the proximate cause of a vehicle, streetcar, trackless trolley, aquatic device, or aircraft accident in which the victim receives injuries for which the victim receives medical treatment either at the scene of the accident by emergency medical services personnel or at a hospital, ambulatory care facility, physician's office, specialist's office, or other medical care facility.
(4) A motor vehicle accident to which both of the following apply:
(a) The motor vehicle accident is caused by a violation of a provision of the Revised Code that is a misdemeanor of the first degree or higher.
(b) As a result of the motor vehicle accident, the victim receives injuries for which the victim receives medical treatment either at the scene of the accident by emergency medical services personnel or at a hospital, ambulatory care facility, physician's office, specialist's office, or other medical care facility.
(B) "Custodial agency" means one of the following:
(1) The entity that has custody of a defendant or an alleged juvenile offender who is incarcerated for a crime, is under detention for the commission of a specified delinquent act, or who is detained after a finding of incompetence to stand trial or not guilty by reason of insanity relative to a crime, including any of the following:
(a) The department of rehabilitation and correction or the adult parole authority;
(b) A county sheriff;
(c) The entity that administers a jail, as defined in section 2929.01 of the Revised Code;
(d) The entity that administers a community-based correctional facility and program or a district community-based correctional facility and program;
(e) The department of mental health and addiction services or other entity to which a defendant found incompetent to stand trial or not guilty by reason of insanity is committed.
(2) The entity that has custody of an alleged juvenile offender pursuant to an order of disposition of a juvenile court, including the department of youth services or a school, camp, institution, or other facility operated for the care of delinquent children.
(C) "Defendant" means a person who is alleged to be the perpetrator of a crime in a police report or in a complaint, indictment, or information that charges the commission of a crime and that provides the basis for the criminal prosecution and subsequent proceedings to which this chapter makes reference.
(D) "Member of the victim's family" means a spouse, child, stepchild, sibling, parent, stepparent, grandparent, or other relative of a victim but does not include a person who is charged with, convicted of, or adjudicated to be a delinquent child for the crime or specified delinquent act against the victim or another crime or specified delinquent act arising from the same conduct, criminal episode, or plan.
(E) "Prosecutor" means one of the following:
(1) With respect to a criminal case, it has the same meaning as in section 2935.01 of the Revised Code and also includes the attorney general and, when appropriate, the employees of any person listed in section 2935.01 of the Revised Code or of the attorney general.
(2) With respect to a delinquency proceeding, it includes any person listed in division (C) of section 2935.01 of the Revised Code or an employee of a person listed in that division who prosecutes a delinquency proceeding.
(F) "Public agency" means an office, agency, department, bureau, or other governmental entity of the state or of a political subdivision of the state.
(G) "Public official" has the same meaning as in section 2921.01 of the Revised Code.
(H) "Victim" means either of the following:
(1) A person who is identified as the victim of a crime or specified delinquent act in a police report or in a complaint, indictment, or information that charges the commission of a crime and that provides the basis for the criminal prosecution or delinquency proceeding and subsequent proceedings to which this chapter makes reference.
(2) A person who receives injuries as a result of a vehicle, streetcar, trackless trolley, aquatic device, or aircraft accident that is proximately caused by a violation described in division (A)(3) of this section or a motor vehicle accident that is proximately caused by a violation described in division (A)(4) of this section and who receives medical treatment as described in division (A)(3) or (4) of this section, whichever is applicable.
(I) "Victim's representative" means a member of the victim's family or another person who pursuant to the authority of section 2930.02 of the Revised Code exercises the rights of a victim under this chapter.
(J) "Court" means a court of common pleas, juvenile court, municipal court, or county court.
(K) "Delinquency proceeding" means all proceedings in a juvenile court that are related to a case in which a complaint has been filed alleging that a child is a delinquent child.
(L) "Case" means a delinquency proceeding and all related activity or a criminal prosecution and all related activity.
(M) The "defense" means the defense against criminal charges in a criminal prosecution or the defense against a delinquent child complaint in a delinquency proceeding.
(N) The "prosecution" means the prosecution of criminal charges in a criminal prosecution or the prosecution of a delinquent child complaint in a delinquency proceeding.
(O) "Specified delinquent act" means any of the following:
(1) An act committed by a child that if committed by an adult would be a felony;
(2) An act committed by a child that is a violation of a section listed in division (A)(1) or (2) of this section or is a violation of a substantially equivalent municipal ordinance;
(3) An act committed by a child that is described in division (A)(3) or (4) of this section.
(P)(1) "Alleged juvenile offender" means a child who is alleged to have committed a specified delinquent act in a police report or in a complaint in juvenile court that charges the commission of a specified delinquent act and that provides the basis for the delinquency proceeding and all subsequent proceedings to which this chapter makes reference.
(2) As used in divisions (O) and (P)(1) of this section, "child" has the same meaning as in section 2151.011 of the Revised Code.
(Q) "Motor vehicle accident" means any accident involving a motor vehicle.
(R) "Motor vehicle" has the same meaning as in section 4509.01 of the Revised Code.
(S) "Aircraft" has the same meaning as in section 4561.01 of the Revised Code.
(T) "Aquatic device" means any vessel, or any water skis, aquaplane, or similar device.
(U) "Vehicle," "streetcar," and "trackless trolley" have the same meanings as in section 4511.01 of the Revised Code.
(V) "Vehicle, streetcar, trackless trolley, aquatic device, or aircraft accident" means any accident involving a vehicle, streetcar, trackless trolley, aquatic device, or aircraft.
(W) "Vessel" has the same meaning as in section 1546.01 of the Revised Code.
Sec. 2930.03. (A) A person or entity required or authorized under this chapter to give notice to a victim shall give the notice to the victim by any means reasonably calculated to provide prompt actual notice. Except when a provision requires that notice is to be given in a specific manner, a notice may be oral or written.
(B)(1) Except for receipt of the initial information and notice required to be given to a victim under divisions (A) and (B) of section 2930.04, section 2930.05, and divisions (A) and (B) of section 2930.06 of the Revised Code and the notice required to be given to a victim under division (D) of section 2930.16 of the Revised Code, a victim who wishes to receive any notice authorized by this chapter shall make a request for the notice to the prosecutor or the custodial agency that is to provide the notice, as specified in this chapter. If the victim does not make a request as described in this division, the prosecutor or custodial agency is not required to provide any notice described in this chapter other than the initial information and notice required to be given to a victim under divisions (A) and (B) of section 2930.04, section 2930.05, and divisions (A) and (B) of section 2930.06 of the Revised Code and the notice required to be given to a victim under division (D) of section 2930.16 of the Revised Code.
(2)
A victim who does not wish to receive any of the notices required to
be given to a victim under division (E)(2) or (K) of section 2929.20,
division (D) of section 2930.16, division (H) of section 2967.12,
division
(E)(1)(b) of section 2967.19, division
(A)(3)(b)
(A)(2)(b)
of
section 2967.26, division (D)(1) of section 2967.28, or division
(A)(2) of section 5149.101 of the Revised Code shall make a request
to the prosecutor or custodial agency that is to provide the
particular notice that the notice not be provided to the victim.
Unless the victim makes a request as described in this division, the
prosecutor or custodial agency shall provide the notices required to
be given to a victim under division (E)(2) or (K) of section 2929.20,
division (D) of section 2930.16, division (H) of section 2967.12,
division
(E)(1)(b) of section 2967.19, division
(A)(3)(b)
(A)(2)(b)
of
section 2967.26, division (D)(1) of section 2967.28, or division
(A)(2) of section 5149.101 of the Revised Code in any manner, and in
accordance with the procedures, specified in the particular division.
This division also applies to a victim's representative or a member
of a victim's immediate family that is authorized to receive any of
the notices specified in this division.
(C) A person or agency that is required to furnish notice under this chapter shall give the notice to the victim at the address or telephone number provided to the person or agency by the victim. A victim who requests to receive notice under this chapter as described in division (B) of this section shall inform the person or agency of the name, address, or telephone number of the victim and of any change to that information.
(D) A person or agency that has furnished information to a victim in accordance with any requirement or authorization under this chapter shall notify the victim promptly of any significant changes to that information.
(E) Divisions (A) to (D) of this section do not apply regarding a notice that a prosecutor is required to provide under section 2930.061 of the Revised Code. A prosecutor required to provide notice under that section shall provide the notice as specified in that section.
Sec. 2930.06. (A) The prosecutor in a case, to the extent practicable, shall confer with the victim in the case before pretrial diversion is granted to the defendant or alleged juvenile offender in the case, before amending or dismissing an indictment, information, or complaint against that defendant or alleged juvenile offender, before agreeing to a negotiated plea for that defendant or alleged juvenile offender, before a trial of that defendant by judge or jury, or before the juvenile court conducts an adjudicatory hearing for that alleged juvenile offender. If the juvenile court disposes of a case prior to the prosecutor's involvement in the case, the court or a court employee shall notify the victim in the case that the alleged juvenile offender will be granted pretrial diversion, the complaint against that alleged juvenile offender will be amended or dismissed, or the court will conduct an adjudicatory hearing for that alleged juvenile offender. If the prosecutor fails to confer with the victim at any of those times, the court, if informed of the failure, shall note on the record the failure and the prosecutor's reasons for the failure. A prosecutor's failure to confer with a victim as required by this division and a court's failure to provide the notice as required by this division do not affect the validity of an agreement between the prosecutor and the defendant or alleged juvenile offender in the case, a pretrial diversion of the defendant or alleged juvenile offender, an amendment or dismissal of an indictment, information, or complaint filed against the defendant or alleged juvenile offender, a plea entered by the defendant or alleged juvenile defender, an admission entered by the defendant or alleged juvenile offender, or any other disposition in the case. A court shall not dismiss a criminal complaint, charge, information, or indictment or a delinquent child complaint solely at the request of the victim and over the objection of the prosecuting attorney, village solicitor, city director of law, or other chief legal officer responsible for the prosecution of the case.
(B) After a prosecution in a case has been commenced, the prosecutor or a designee of the prosecutor other than a court or court employee, to the extent practicable, promptly shall give the victim all of the following information, except that, if the juvenile court disposes of a case prior to the prosecutor's involvement in the case, the court or a court employee, to the extent practicable, promptly shall give the victim all of the following information:
(1) The name of the crime or specified delinquent act with which the defendant or alleged juvenile offender in the case has been charged and the name of the defendant or alleged juvenile offender;
(2) The file number of the case;
(3) A brief statement regarding the procedural steps in a criminal prosecution or delinquency proceeding involving a crime or specified delinquent act similar to the crime or specified delinquent act with which the defendant or alleged juvenile offender has been charged and the right of the victim to be present during all proceedings held throughout the prosecution of the case;
(4) A summary of the rights of a victim under this chapter;
(5) Procedures the victim or the prosecutor may follow if the victim becomes subject to threats or intimidation by the defendant, alleged juvenile offender, or any other person;
(6) The name and business telephone number of a person to contact for further information with respect to the case;
(7) The right of the victim to have a victim's representative exercise the victim's rights under this chapter in accordance with section 2930.02 of the Revised Code and the procedure by which a victim's representative may be designated;
(8)
Notice that any notification under division (C) of this section,
sections 2930.07 to 2930.15, division (A), (B), or (C) of section
2930.16, sections 2930.17 to 2930.19, and section 5139.56 of the
Revised Code will be given to the victim only if the victim asks to
receive the notification and that notice under division (E)(2) or (K)
of section 2929.20, division (D) of section 2930.16, division (H) of
section 2967.12, division
(E)(1)(b) of section 2967.19, division
(A)(3)(b)
(A)(2)(b)
of
section 2967.26, division (D)(1) of section 2967.28, or division
(A)(2) of section 5149.101 of the Revised Code will be given unless
the victim asks that the notification not be provided.
(C) Upon the request of the victim, the prosecutor or, if it is a delinquency proceeding and a prosecutor is not involved in the case, the court shall give the victim notice of the date, time, and place of any scheduled criminal or juvenile proceedings in the case and notice of any changes in those proceedings or in the schedule in the case.
(D) A victim who requests notice under division (C) of this section and who elects pursuant to division (B) of section 2930.03 of the Revised Code to receive any further notice from the prosecutor or, if it is a delinquency proceeding and a prosecutor is not involved in the case, the court under this chapter shall keep the prosecutor or the court informed of the victim's current address and telephone number until the case is dismissed or terminated, the defendant is acquitted or sentenced, the delinquent child complaint is dismissed, the defendant is adjudicated a delinquent child, or the appellate process is completed, whichever is the final disposition in the case.
(E) If a defendant is charged with the commission of a misdemeanor offense that is not identified in division (A)(2) of section 2930.01 of the Revised Code and if a police report or a complaint, indictment, or information that charges the commission of that offense and provides the basis for a criminal prosecution of that defendant identifies one or more individuals as individuals against whom that offense was committed, after a prosecution in the case has been commenced, the prosecutor or a designee of the prosecutor other than a court or court employee, to the extent practicable, promptly shall notify each of the individuals so identified in the report, complaint, indictment, or information that, if the defendant is convicted of or pleads guilty to the offense, the individual may make an oral or written statement to the court hearing the case regarding the sentence to be imposed upon the defendant and that the court must consider any statement so made that is relevant. Before imposing sentence in the case, the court shall permit the individuals so identified in the report, complaint, indictment, or information to make an oral or written statement. Division (A) of section 2930.14 of the Revised Code applies regarding any statement so made. The court shall consider a statement so made, in accordance with division (B) of that section and division (D) of section 2929.22 of the Revised Code.
Sec. 2930.16. (A) If a defendant is incarcerated, a victim in a case who has requested to receive notice under this section shall be given notice of the incarceration of the defendant. If an alleged juvenile offender is committed to the temporary custody of a school, camp, institution, or other facility operated for the care of delinquent children or to the legal custody of the department of youth services, a victim in a case who has requested to receive notice under this section shall be given notice of the commitment. Promptly after sentence is imposed upon the defendant or the commitment of the alleged juvenile offender is ordered, the prosecutor in the case shall notify the victim of the date on which the defendant will be released, or initially will be eligible for release, from confinement or the prosecutor's reasonable estimate of that date or the date on which the alleged juvenile offender will have served the minimum period of commitment or the prosecutor's reasonable estimate of that date. The prosecutor also shall notify the victim of the name of the custodial agency of the defendant or alleged juvenile offender and tell the victim how to contact that custodial agency. If the custodial agency is the department of rehabilitation and correction, the prosecutor shall notify the victim of the services offered by the office of victims' services pursuant to section 5120.60 of the Revised Code. If the custodial agency is the department of youth services, the prosecutor shall notify the victim of the services provided by the office of victims' services within the release authority of the department pursuant to section 5139.55 of the Revised Code and the victim's right pursuant to section 5139.56 of the Revised Code to submit a written request to the release authority to be notified of actions the release authority takes with respect to the alleged juvenile offender. The victim shall keep the custodial agency informed of the victim's current address and telephone number.
(B)(1)
Upon the victim's request or in accordance with division (D) of this
section, the prosecutor promptly shall notify the victim of any
hearing for judicial release of the defendant pursuant to section
2929.20 of the Revised Code,
of any hearing for release of the defendant pursuant to section
2967.19 of the Revised Code,
or
of any hearing for judicial release or early release of the alleged
juvenile offender pursuant to section 2151.38 of the Revised Code and
of the victim's right to make a statement under those sections. The
court shall notify the victim of its ruling in each of those hearings
and on each of those applications.
(2) If an offender is sentenced to a prison term pursuant to division (A)(3) or (B) of section 2971.03 of the Revised Code, upon the request of the victim of the crime or in accordance with division (D) of this section, the prosecutor promptly shall notify the victim of any hearing to be conducted pursuant to section 2971.05 of the Revised Code to determine whether to modify the requirement that the offender serve the entire prison term in a state correctional facility in accordance with division (C) of that section, whether to continue, revise, or revoke any existing modification of that requirement, or whether to terminate the prison term in accordance with division (D) of that section. The court shall notify the victim of any order issued at the conclusion of the hearing.
(C) Upon the victim's request made at any time before the particular notice would be due or in accordance with division (D) of this section, the custodial agency of a defendant or alleged juvenile offender shall give the victim any of the following notices that is applicable:
(1) At least sixty days before the adult parole authority recommends a pardon or commutation of sentence for the defendant or at least sixty days prior to a hearing before the adult parole authority regarding a grant of parole to the defendant, notice of the victim's right to submit a statement regarding the impact of the defendant's release in accordance with section 2967.12 of the Revised Code and, if applicable, of the victim's right to appear at a full board hearing of the parole board to give testimony as authorized by section 5149.101 of the Revised Code; and at least sixty days prior to a hearing before the department regarding a determination of whether the inmate must be released under division (C) or (D)(2) of section 2967.271 of the Revised Code if the inmate is serving a non-life felony indefinite prison term, notice of the fact that the inmate will be having a hearing regarding a possible grant of release, the date of any hearing regarding a possible grant of release, and the right of any person to submit a written statement regarding the pending action;
(2) At least sixty days before the defendant is transferred to transitional control under section 2967.26 of the Revised Code, notice of the pendency of the transfer and of the victim's right under that section to submit a statement regarding the impact of the transfer;
(3) At least sixty days before the release authority of the department of youth services holds a release review, release hearing, or discharge review for the alleged juvenile offender, notice of the pendency of the review or hearing, of the victim's right to make an oral or written statement regarding the impact of the crime upon the victim or regarding the possible release or discharge, and, if the notice pertains to a hearing, of the victim's right to attend and make statements or comments at the hearing as authorized by section 5139.56 of the Revised Code;
(4) Prompt notice of the defendant's or alleged juvenile offender's escape from a facility of the custodial agency in which the defendant was incarcerated or in which the alleged juvenile offender was placed after commitment, of the defendant's or alleged juvenile offender's absence without leave from a mental health or developmental disabilities facility or from other custody, and of the capture of the defendant or alleged juvenile offender after an escape or absence;
(5) Notice of the defendant's or alleged juvenile offender's death while in confinement or custody;
(6)
Notice of the filing of a petition by the director of rehabilitation
and correction pursuant to section 2967.19
2929.20
of
the Revised Code requesting the early release of
the defendant pursuant to a judicial release under
that section
of
the defendant;
(7) Notice of the defendant's or alleged juvenile offender's release from confinement or custody and the terms and conditions of the release.
(D)(1) If a defendant is incarcerated for the commission of aggravated murder, murder, or an offense of violence that is a felony of the first, second, or third degree or is under a sentence of life imprisonment or if an alleged juvenile offender has been charged with the commission of an act that would be aggravated murder, murder, or an offense of violence that is a felony of the first, second, or third degree or be subject to a sentence of life imprisonment if committed by an adult, except as otherwise provided in this division, the notices described in divisions (B) and (C) of this section shall be given regardless of whether the victim has requested the notification. The notices described in divisions (B) and (C) of this section shall not be given under this division to a victim if the victim has requested pursuant to division (B)(2) of section 2930.03 of the Revised Code that the victim not be provided the notice. Regardless of whether the victim has requested that the notices described in division (C) of this section be provided or not be provided, the custodial agency shall give notice similar to those notices to the prosecutor in the case, to the sentencing court, to the law enforcement agency that arrested the defendant or alleged juvenile offender if any officer of that agency was a victim of the offense, and to any member of the victim's immediate family who requests notification. If the notice given under this division to the victim is based on an offense committed prior to March 22, 2013, and if the prosecutor or custodial agency has not previously successfully provided any notice to the victim under this division or division (B) or (C) of this section with respect to that offense and the offender who committed it, the notice also shall inform the victim that the victim may request that the victim not be provided any further notices with respect to that offense and the offender who committed it and shall describe the procedure for making that request. If the notice given under this division to the victim pertains to a hearing regarding a grant of a parole to the defendant, the notice also shall inform the victim that the victim, a member of the victim's immediate family, or the victim's representative may request a victim conference, as described in division (E) of this section, and shall provide an explanation of a victim conference.
The prosecutor or custodial agency may give the notices to which this division applies by any reasonable means, including regular mail, telephone, and electronic mail. If the prosecutor or custodial agency attempts to provide notice to a victim under this division but the attempt is unsuccessful because the prosecutor or custodial agency is unable to locate the victim, is unable to provide the notice by its chosen method because it cannot determine the mailing address, telephone number, or electronic mail address at which to provide the notice, or, if the notice is sent by mail, the notice is returned, the prosecutor or custodial agency shall make another attempt to provide the notice to the victim. If the second attempt is unsuccessful, the prosecutor or custodial agency shall make at least one more attempt to provide the notice. If the notice is based on an offense committed prior to March 22, 2013, in each attempt to provide the notice to the victim, the notice shall include the opt-out information described in the preceding paragraph. The prosecutor or custodial agency, in accordance with division (D)(2) of this section, shall keep a record of all attempts to provide the notice, and of all notices provided, under this division.
Division
(D)(1) of this section, and the notice-related provisions of
divisions (E)(2) and (K) of section 2929.20, division (H) of section
2967.12, division (E)(1)(b) of section 2967.19
as
it existed prior to the effective date of this amendment,
division (A)(3)(b)
(A)(2)(b)
of
section 2967.26, division (D)(1) of section 2967.28, and division
(A)(2) of section 5149.101 of the Revised Code enacted in the act in
which division (D)(1) of this section was enacted, shall be known as
"Roberta's Law."
(2) Each prosecutor and custodial agency that attempts to give any notice to which division (D)(1) of this section applies shall keep a record of all attempts to give the notice. The record shall indicate the person who was to be the recipient of the notice, the date on which the attempt was made, the manner in which the attempt was made, and the person who made the attempt. If the attempt is successful and the notice is given, the record shall indicate that fact. The record shall be kept in a manner that allows public inspection of attempts and notices given to persons other than victims without revealing the names, addresses, or other identifying information relating to victims. The record of attempts and notices given to victims is not a public record, but the prosecutor or custodial agency shall provide upon request a copy of that record to a prosecuting attorney, judge, law enforcement agency, or member of the general assembly. The record of attempts and notices given to persons other than victims is a public record. A record kept under this division may be indexed by offender name, or in any other manner determined by the prosecutor or the custodial agency. Each prosecutor or custodial agency that is required to keep a record under this division shall determine the procedures for keeping the record and the manner in which it is to be kept, subject to the requirements of this division.
(E) The adult parole authority shall adopt rules under Chapter 119. of the Revised Code providing for a victim conference, upon request of the victim, a member of the victim's immediate family, or the victim's representative, prior to a parole hearing in the case of a prisoner who is incarcerated for the commission of aggravated murder, murder, or an offense of violence that is a felony of the first, second, or third degree or is under a sentence of life imprisonment. The rules shall provide for, but not be limited to, all of the following:
(1) Subject to division (E)(3) of this section, attendance by the victim, members of the victim's immediate family, the victim's representative, and, if practicable, other individuals;
(2) Allotment of up to one hour for the conference;
(3) A specification of the number of persons specified in division (E)(1) of this section who may be present at any single victim conference, if limited by the department pursuant to division (F) of this section.
(F) The department may limit the number of persons specified in division (E)(1) of this section who may be present at any single victim conference, provided that the department shall not limit the number of persons who may be present at any single conference to fewer than three. If the department limits the number of persons who may be present at any single victim conference, the department shall permit and schedule, upon request of the victim, a member of the victim's immediate family, or the victim's representative, multiple victim conferences for the persons specified in division (E)(1) of this section.
(G) As used in this section, "victim's immediate family" has the same meaning as in section 2967.12 of the Revised Code.
Sec.
2930.17. (A)
In determining whether to grant a judicial release to a defendant
from a prison term pursuant to section 2929.20 of the Revised Code at
a time before the defendant's stated prison term expires,
in determining whether to grant a release to an offender from a
prison term pursuant to section 2967.19 of the Revised Code at a time
before the offender's stated prison term expires,
or
in determining whether to grant a judicial release or early release
to an alleged juvenile offender from a commitment to the department
of youth services pursuant to section 2151.38 of the Revised Code,
the court shall permit a victim of a crime or specified delinquent
act for which the defendant or alleged juvenile offender was
incarcerated or committed to make a statement, in addition to any
other statement made under this chapter, concerning the effects of
that crime or specified delinquent act on the victim, the
circumstances surrounding the crime or specified delinquent act, the
manner in which the crime or specified delinquent act was
perpetrated, and the victim's opinion whether the defendant or
alleged juvenile offender should be released. The victim may make the
statement in writing or orally, at the court's discretion. The court
shall give the defendant or alleged juvenile offender and either the
adult parole authority or the department of youth services, whichever
is applicable, a copy of any written impact statement made by the
victim under this division.
(B) In deciding whether to grant a judicial release or early release to the defendant or alleged juvenile offender, the court shall consider a statement made by the victim under division (A) of this section or section 2930.14 or 2947.051 of the Revised Code.
Sec. 2933.81. (A) As used in this section:
(1) "Custodial interrogation" means any interrogation involving a law enforcement officer's questioning that is reasonably likely to elicit incriminating responses and in which a reasonable person in the subject's position would consider self to be in custody, beginning when a person should have been advised of the person's right to counsel and right to remain silent and of the fact that anything the person says could be used against the person, as specified by the United States supreme court in Miranda v. Arizona (1966), 384 U.S. 436, and subsequent decisions, and ending when the questioning has completely finished.
(2) "Detention facility" has the same meaning as in section 2921.01 of the Revised Code.
(3) "Electronic recording" or "electronically recorded" means an audio or audiovisual recording that is an authentic, accurate, unaltered record of a custodial interrogation.
(4) "Law enforcement agency" has the same meaning as in section 109.573 of the Revised Code.
(5) "Law enforcement vehicle" means a vehicle primarily used by a law enforcement agency or by an employee of a law enforcement agency for official law enforcement purposes.
(6) "Local correctional facility" has the same meaning as in section 2903.13 of the Revised Code.
(7) "Place of detention" means a jail, police or sheriff's station, holding cell, state correctional institution, local correctional facility, detention facility, or department of youth services facility. "Place of detention" does not include a law enforcement vehicle.
(8) "State correctional institution" has the same meaning as in section 2967.01 of the Revised Code.
(9) "Statement" means an oral, written, sign language, or nonverbal communication.
(B) Except as provided in division (C) of this section, all oral statements made by a person who is the suspect of a violation of or possible violation of section 2903.01, 2903.02, or 2903.03, a violation of section 2903.04 or 2903.06 that is a felony of the first or second degree, a violation of section 2907.011, 2907.02 or 2907.03, or an attempt to commit a violation of section 2907.011 or 2907.02 of the Revised Code during a custodial interrogation in a place of detention shall be electronically recorded. A failure to electronically record a custodial interrogation does not create a private cause of action against any person or agency.
(C) Division (B) of this section does not apply in any of the following circumstances:
(1) The person subject to interrogation requests that the interrogation not be recorded, as long as this request is preserved by electronic recording or in writing.
(2) The recording equipment malfunctions.
(3) There are exigent circumstances related to public safety.
(4) The interrogation occurs outside of the state of Ohio.
(5) The statements are made during routine processing or booking.
(6) The statements are made spontaneously and not in response to interrogation.
(7) The interrogation occurs when no law enforcement officer conducting the interrogation has reason to believe that the individual attempted to commit, conspired to commit, was complicit in committing, or committed an offense listed in division (B) of this section.
(D) If a law enforcement agency fails to electronically record a custodial interrogation as required by division (B) of this section, the court shall do whichever of the following is applicable:
(1) If the prosecution establishes by a preponderance of the evidence that one or more of the circumstances listed in division (C) of this section applies, the court shall admit the evidence without a cautionary instruction to the jury.
(2) If the prosecution does not establish by a preponderance of the evidence that one or more of the circumstances listed in division (C) of this section applies, the court shall provide a cautionary instruction to the jury that it may consider the failure to record the custodial interrogation in determining the reliability of the evidence.
(F)(1) Law enforcement personnel shall clearly identify and catalog every electronic recording of a custodial interrogation that is recorded pursuant to this section.
(2) If a criminal or delinquent child proceeding is brought against a person who was the subject of a custodial interrogation that was electronically recorded, law enforcement personnel shall preserve the recording until the later of when all appeals, post-conviction relief proceedings, and habeas corpus proceedings are final and concluded or the expiration of the period of time within which such appeals and proceedings must be brought.
(3) Upon motion by the defendant in a criminal proceeding or the alleged delinquent child in a delinquent child proceeding, the court may order that a copy of an electronic recording of a custodial interrogation of the person be preserved for any period beyond the expiration of all appeals, post-conviction relief proceedings, and habeas corpus proceedings.
(4) If no criminal or delinquent child proceeding is brought against a person who was the subject of a custodial interrogation that was electronically recorded pursuant to this section, law enforcement personnel are not required to preserve the related recording.
Sec. 2933.82. (A) As used in this section:
(1)(a) "Biological evidence" means any of the following:
(i) The contents of a sexual assault examination kit;
(ii) Any item that contains blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids, or any other identifiable biological material that was collected as part of a criminal investigation or delinquent child investigation and that reasonably may be used to incriminate or exculpate any person for an offense or delinquent act.
(b) The definition of "biological evidence" set forth in division (A)(1)(a) of this section applies whether the material in question is cataloged separately, such as on a slide or swab or in a test tube, or is present on other evidence, including, but not limited to, clothing, ligatures, bedding or other household material, drinking cups or containers, or cigarettes.
(2) "Biological material" has the same meaning as in section 2953.71 of the Revised Code.
(3) "DNA," "DNA analysis," "DNA database," "DNA record," and "DNA specimen" have the same meanings as in section 109.573 of the Revised Code.
(4) "Prosecutor" has the same meaning as in section 2935.01 of the Revised Code.
(5) "Governmental evidence-retention entity" means all of the following:
(a) Any law enforcement agency, prosecutor's office, court, public hospital, crime laboratory, or other governmental or public entity or individual within this state that is charged with the collection, storage, or retrieval of biological evidence;
(b) Any official or employee of any entity or individual described in division (A)(5)(a) of this section.
(B)(1) Each governmental evidence-retention entity that secures any biological evidence in relation to an investigation or prosecution of a criminal offense or delinquent act that is a violation of section 2903.01, 2903.02, or 2903.03, a violation of section 2903.04 or 2903.06 that is a felony of the first or second degree, a violation of section 2907.011, 2907.02, or 2907.03 or division (A)(4) or (B) of section 2907.05 of the Revised Code, or an attempt to commit a violation of section 2907.011 or 2907.02 of the Revised Code shall secure the biological evidence for whichever of the following periods of time is applicable:
(a) For a violation of section 2903.01 or 2903.02 of the Revised Code, for the period of time that the offense or act remains unsolved;
(b) For a violation of section 2903.03, a violation of section 2903.04 or 2903.06 that is a felony of the first or second degree, a violation of section 2907.011, 2907.02, or 2907.03 or of division (A)(4) or (B) of section 2907.05 of the Revised Code, or an attempt to commit a violation of section 2907.011 or 2907.02 of the Revised Code, for a period of thirty years if the offense or act remains unsolved;
(c) If any person is convicted of or pleads guilty to the offense, or is adjudicated a delinquent child for committing the delinquent act, for the earlier of the following: (i) the expiration of the latest of the following periods of time that apply to the person: the period of time that the person is incarcerated, is in a department of youth services institution or other juvenile facility, is under a community control sanction for that offense, is under any order of disposition for that act, is on probation or parole for that offense, is under judicial release or supervised release for that act, is under post-release control for that offense, is involved in civil litigation in connection with that offense or act, or is subject to registration and other duties imposed for that offense or act under sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code or (ii) thirty years. If after the period of thirty years the person remains incarcerated, then the governmental evidence-retention entity shall secure the biological evidence until the person is released from incarceration or dies.
(2)(a) A law enforcement agency shall review all of its records and reports pertaining to its investigation of any offense specified in division (B)(1) of this section as soon as possible after March 23, 2015. If the law enforcement agency's review determines that one or more persons may have committed or participated in an offense specified in division (B)(1) of this section or another offense committed during the course of an offense specified in division (B)(1) of this section and the agency is in possession of a sexual assault examination kit secured during the course of the agency's investigation, as soon as possible, but not later than one year after March 23, 2015, the agency shall forward the contents of the kit to the bureau of criminal identification and investigation or another crime laboratory for a DNA analysis of the contents of the kit if a DNA analysis has not previously been performed on the contents of the kit. The law enforcement agency shall consider the period of time remaining under section 2901.13 of the Revised Code for commencing the prosecution of a criminal offense related to the DNA specimens from the kit as well as other relevant factors in prioritizing the forwarding of the contents of sexual assault examination kits.
(b) If an investigation is initiated on or after March 23, 2015, and if a law enforcement agency investigating an offense specified in division (B)(1) of this section determines that one or more persons may have committed or participated in an offense specified in division (B)(1) of this section or another offense committed during the course of an offense specified in division (B)(1) of this section, the law enforcement agency shall forward the contents of a sexual assault examination kit in the agency's possession to the bureau or another crime laboratory within thirty days for a DNA analysis of the contents of the kit.
(c) A law enforcement agency shall be considered in the possession of a sexual assault examination kit that is not in the law enforcement agency's possession for purposes of divisions (B)(2)(a) and (b) of this section if the sexual assault examination kit contains biological evidence related to the law enforcement agency's investigation of an offense specified in division (B)(1) of this section and is in the possession of another government evidence-retention entity. The law enforcement agency shall be responsible for retrieving the sexual assault examination kit from the government evidence-retention entity and forwarding the contents of the kit to the bureau or another crime laboratory as required under divisions (B)(2)(a) and (b) of this section.
(d)(i) The bureau or a laboratory under contract with the bureau pursuant to division (B)(5) of section 109.573 of the Revised Code shall perform a DNA analysis of the contents of any sexual assault examination kit forwarded to the bureau pursuant to division (B)(2)(a) or (b) of this section as soon as possible after the bureau receives the contents of the kit. The bureau shall enter the resulting DNA record into a DNA database. If the DNA analysis is performed by a laboratory under contract with the bureau, the laboratory shall forward the biological evidence to the bureau immediately after the laboratory performs the DNA analysis. A crime laboratory shall perform a DNA analysis of the contents of any sexual assault examination kit forwarded to the crime laboratory pursuant to division (B)(2)(a) or (b) of this section as soon as possible after the crime laboratory receives the contents of the kit and shall enter the resulting DNA record into a DNA database subject to the applicable DNA index system standards.
(ii) Upon the completion of the DNA analysis by the bureau or a crime laboratory under contract with the bureau under this division, the bureau shall return the contents of the sexual assault examination kit to the law enforcement agency. The law enforcement agency shall secure the contents of the sexual assault examination kit in accordance with division (B)(1) of this section, as applicable.
(e) The failure of any law enforcement agency to comply with any time limit specified in this section shall not create, and shall not be construed as creating, any basis or right to appeal, claim for or right to postconviction relief, or claim for or right to a new trial or any other claim or right to relief by any person.
(3) This section applies to evidence likely to contain biological material that was in the possession of any governmental evidence-retention entity during the investigation and prosecution of a criminal case or delinquent child case involving a violation of section 2903.01, 2903.02, or 2903.03, a violation of section 2903.04 or 2903.06 that is a felony of the first or second degree, a violation of section 2907.011, 2907.02, or 2907.03 or of division (A)(4) or (B) of section 2907.05 of the Revised Code, or an attempt to commit a violation of section 2907.011 or 2907.02 of the Revised Code.
(4) A governmental evidence-retention entity that possesses biological evidence shall retain the biological evidence in the amount and manner sufficient to develop a DNA record from the biological material contained in or included on the evidence.
(5) Upon written request by the defendant in a criminal case or the alleged delinquent child in a delinquent child case involving a violation of section 2903.01, 2903.02, or 2903.03, a violation of section 2903.04 or 2903.06 that is a felony of the first or second degree, a violation of section 2907.011, 2907.02, or 2907.03 or of division (A)(4) or (B) of section 2907.05 of the Revised Code, or an attempt to commit a violation of section 2907.011 or 2907.02 of the Revised Code, a governmental evidence-retention entity that possesses biological evidence shall prepare an inventory of the biological evidence that has been preserved in connection with the defendant's criminal case or the alleged delinquent child's delinquent child case.
(6) Except as otherwise provided in division (B)(8) of this section, a governmental evidence-retention entity that possesses biological evidence that includes biological material may destroy the evidence before the expiration of the applicable period of time specified in division (B)(1) of this section if all of the following apply:
(a) No other provision of federal or state law requires the state to preserve the evidence.
(b) The governmental evidence-retention entity, by certified mail, return receipt requested, provides notice of intent to destroy the evidence to all of the following:
(i) All persons who remain in custody, incarcerated, in a department of youth services institution or other juvenile facility, under a community control sanction, under any order of disposition, on probation or parole, under judicial release or supervised release, under post-release control, involved in civil litigation, or subject to registration and other duties imposed for that offense or act under sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code as a result of a criminal conviction, delinquency adjudication, or commitment related to the evidence in question;
(ii) The attorney of record for each person who is in custody in any circumstance described in division (B)(6)(b)(i) of this section if the attorney of record can be located;
(iii) The state public defender;
(iv) The office of the prosecutor of record in the case that resulted in the custody of the person in custody in any circumstance described in division (B)(6)(b)(i) of this section;
(v) The attorney general.
(c) No person who is notified under division (B)(6)(b) of this section does either of the following within one year after the date on which the person receives the notice:
(i) Files a motion for testing of evidence under sections 2953.71 to 2953.81 or section 2953.82 of the Revised Code;
(ii) Submits a written request for retention of evidence to the governmental evidence-retention entity that provided notice of its intent to destroy evidence under division (B)(6)(b) of this section.
(7) Except as otherwise provided in division (B)(8) of this section, if, after providing notice under division (B)(6)(b) of this section of its intent to destroy evidence, a governmental evidence-retention entity receives a written request for retention of the evidence from any person to whom the notice is provided, the governmental evidence-retention entity shall retain the evidence while the person referred to in division (B)(6)(b)(i) of this section remains in custody, incarcerated, in a department of youth services institution or other juvenile facility, under a community control sanction, under any order of disposition, on probation or parole, under judicial release or supervised release, under post-release control, involved in civil litigation, or subject to registration and other duties imposed for that offense or act under sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code as a result of a criminal conviction, delinquency adjudication, or commitment related to the evidence in question.
(8) A governmental evidence-retention entity that possesses biological evidence that includes biological material may destroy the evidence five years after a person pleads guilty or no contest to a violation of section 2903.01, 2903.02, or 2903.03, a violation of section 2903.04 or 2903.06 that is a felony of the first or second degree, a violation of section 2907.011, 2907.02, 2907.03, division (A)(4) or (B) of section 2907.05, or an attempt to commit a violation of section 2907.011 or 2907.02 of the Revised Code and all appeals have been exhausted unless, upon a motion to the court by the person who pleaded guilty or no contest or the person's attorney and notice to those persons described in division (B)(6)(b) of this section requesting that the evidence not be destroyed, the court finds good cause as to why that evidence must be retained.
(9) A governmental evidence-retention entity shall not be required to preserve physical evidence pursuant to this section that is of such a size, bulk, or physical character as to render retention impracticable. When retention of physical evidence that otherwise would be required to be retained pursuant to this section is impracticable as described in this division, the governmental evidence-retention entity that otherwise would be required to retain the physical evidence shall remove and preserve portions of the material evidence likely to contain biological evidence related to the offense, in a quantity sufficient to permit future DNA testing before returning or disposing of that physical evidence.
(C) The office of the attorney general shall administer and conduct training programs for law enforcement officers and other relevant employees who are charged with preserving and cataloging biological evidence regarding the methods and procedures referenced in this section.
Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal, deputy marshal, municipal police officer, township constable, police officer of a township or joint police district, member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code, member of a police force employed by a regional transit authority under division (Y) of section 306.35 of the Revised Code, state university law enforcement officer appointed under section 3345.04 of the Revised Code, veterans' home police officer appointed under section 5907.02 of the Revised Code, special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code, or a special police officer employed by a municipal corporation at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in section 119.3 of Title 14 of the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and that is required to be under a security program and is governed by aviation security rules of the transportation security administration of the United States department of transportation as provided in Parts 1542. and 1544. of Title 49 of the Code of Federal Regulations, as amended, shall arrest and detain, until a warrant can be obtained, a person found violating, within the limits of the political subdivision, metropolitan housing authority housing project, regional transit authority facilities or areas of a municipal corporation that have been agreed to by a regional transit authority and a municipal corporation located within its territorial jurisdiction, college, university, veterans' home operated under Chapter 5907. of the Revised Code, port authority, or municipal airport or other municipal air navigation facility, in which the peace officer is appointed, employed, or elected, a law of this state, an ordinance of a municipal corporation, or a resolution of a township.
(2) A peace officer of the department of natural resources, a state fire marshal law enforcement officer described in division (A)(23) of section 109.71 of the Revised Code, or an individual designated to perform law enforcement duties under section 511.232, 1545.13, or 6101.75 of the Revised Code shall arrest and detain, until a warrant can be obtained, a person found violating, within the limits of the peace officer's, state fire marshal law enforcement officer's, or individual's territorial jurisdiction, a law of this state.
(3) The house sergeant at arms, if the house sergeant at arms has arrest authority pursuant to division (E)(1) of section 101.311 of the Revised Code, and an assistant house sergeant at arms shall arrest and detain, until a warrant can be obtained, a person found violating, within the limits of the sergeant at arms's or assistant sergeant at arms's territorial jurisdiction specified in division (D)(1)(a) of section 101.311 of the Revised Code or while providing security pursuant to division (D)(1)(f) of section 101.311 of the Revised Code, a law of this state, an ordinance of a municipal corporation, or a resolution of a township.
(4) The senate sergeant at arms and an assistant senate sergeant at arms shall arrest and detain, until a warrant can be obtained, a person found violating, within the limits of the sergeant at arms's or assistant sergeant at arms's territorial jurisdiction specified in division (B) of section 101.312 of the Revised Code, a law of this state, an ordinance of a municipal corporation, or a resolution of a township.
(B)(1)
When there is reasonable ground to believe that an offense of
violence, the offense of criminal child enticement as defined in
section 2905.05 of the Revised Code, the offense of public indecency
as defined in section 2907.09 of the Revised Code, the offense of
domestic violence as defined in section 2919.25 of the Revised Code,
the offense of violating a protection order as defined in section
2919.27 of the Revised Code, the offense of menacing by stalking as
defined in section 2903.211 of the Revised Code, the offense of
aggravated
criminal
trespass
as defined in division
(B) of section
2911.211
2911.06
of
the Revised Code, a theft offense as defined in section 2913.01 of
the Revised Code, or a felony drug abuse offense as defined in
section 2925.01 of the Revised Code, has been committed within the
limits of the political subdivision, metropolitan housing authority
housing project, regional transit authority facilities or those areas
of a municipal corporation that have been agreed to by a regional
transit authority and a municipal corporation located within its
territorial jurisdiction, college, university, veterans' home
operated under Chapter 5907. of the Revised Code, port authority, or
municipal airport or other municipal air navigation facility, in
which the peace officer is appointed, employed, or elected or within
the limits of the territorial jurisdiction of the peace officer, a
peace officer described in division (A) of this section may arrest
and detain until a warrant can be obtained any person who the peace
officer has reasonable cause to believe is guilty of the violation.
(2) For purposes of division (B)(1) of this section, the execution of any of the following constitutes reasonable ground to believe that the offense alleged in the statement was committed and reasonable cause to believe that the person alleged in the statement to have committed the offense is guilty of the violation:
(a)
A written statement by a person alleging that an alleged offender has
committed the offense of menacing by stalking or aggravated
criminal
trespass
in
violation of division (B) of section 2911.06 of the Revised Code;
(b) A written statement by the administrator of the interstate compact on mental health appointed under section 5119.71 of the Revised Code alleging that a person who had been hospitalized, institutionalized, or confined in any facility under an order made pursuant to or under authority of section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code has escaped from the facility, from confinement in a vehicle for transportation to or from the facility, or from supervision by an employee of the facility that is incidental to hospitalization, institutionalization, or confinement in the facility and that occurs outside of the facility, in violation of section 2921.34 of the Revised Code;
(c) A written statement by the administrator of any facility in which a person has been hospitalized, institutionalized, or confined under an order made pursuant to or under authority of section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code alleging that the person has escaped from the facility, from confinement in a vehicle for transportation to or from the facility, or from supervision by an employee of the facility that is incidental to hospitalization, institutionalization, or confinement in the facility and that occurs outside of the facility, in violation of section 2921.34 of the Revised Code.
(3)(a) For purposes of division (B)(1) of this section, a peace officer described in division (A) of this section has reasonable grounds to believe that the offense of domestic violence or the offense of violating a protection order has been committed and reasonable cause to believe that a particular person is guilty of committing the offense if any of the following occurs:
(i) A person executes a written statement alleging that the person in question has committed the offense of domestic violence or the offense of violating a protection order against the person who executes the statement or against a child of the person who executes the statement.
(ii) No written statement of the type described in division (B)(3)(a)(i) of this section is executed, but the peace officer, based upon the peace officer's own knowledge and observation of the facts and circumstances of the alleged incident of the offense of domestic violence or the alleged incident of the offense of violating a protection order or based upon any other information, including, but not limited to, any reasonably trustworthy information given to the peace officer by the alleged victim of the alleged incident of the offense or any witness of the alleged incident of the offense, concludes that there are reasonable grounds to believe that the offense of domestic violence or the offense of violating a protection order has been committed and reasonable cause to believe that the person in question is guilty of committing the offense.
(iii) No written statement of the type described in division (B)(3)(a)(i) of this section is executed, but the peace officer witnessed the person in question commit the offense of domestic violence or the offense of violating a protection order.
(b) If pursuant to division (B)(3)(a) of this section a peace officer has reasonable grounds to believe that the offense of domestic violence or the offense of violating a protection order has been committed and reasonable cause to believe that a particular person is guilty of committing the offense, it is the preferred course of action in this state that the officer arrest and detain that person pursuant to division (B)(1) of this section until a warrant can be obtained.
If pursuant to division (B)(3)(a) of this section a peace officer has reasonable grounds to believe that the offense of domestic violence or the offense of violating a protection order has been committed and reasonable cause to believe that family or household members have committed the offense against each other, it is the preferred course of action in this state that the officer, pursuant to division (B)(1) of this section, arrest and detain until a warrant can be obtained the family or household member who committed the offense and whom the officer has reasonable cause to believe is the primary physical aggressor. There is no preferred course of action in this state regarding any other family or household member who committed the offense and whom the officer does not have reasonable cause to believe is the primary physical aggressor, but, pursuant to division (B)(1) of this section, the peace officer may arrest and detain until a warrant can be obtained any other family or household member who committed the offense and whom the officer does not have reasonable cause to believe is the primary physical aggressor.
(c) If a peace officer described in division (A) of this section does not arrest and detain a person whom the officer has reasonable cause to believe committed the offense of domestic violence or the offense of violating a protection order when it is the preferred course of action in this state pursuant to division (B)(3)(b) of this section that the officer arrest that person, the officer shall articulate in the written report of the incident required by section 2935.032 of the Revised Code a clear statement of the officer's reasons for not arresting and detaining that person until a warrant can be obtained.
(d) In determining for purposes of division (B)(3)(b) of this section which family or household member is the primary physical aggressor in a situation in which family or household members have committed the offense of domestic violence or the offense of violating a protection order against each other, a peace officer described in division (A) of this section, in addition to any other relevant circumstances, should consider all of the following:
(i) Any history of domestic violence or of any other violent acts by either person involved in the alleged offense that the officer reasonably can ascertain;
(ii) If violence is alleged, whether the alleged violence was caused by a person acting in self-defense;
(iii) Each person's fear of physical harm, if any, resulting from the other person's threatened use of force against any person or resulting from the other person's use or history of the use of force against any person, and the reasonableness of that fear;
(iv) The comparative severity of any injuries suffered by the persons involved in the alleged offense.
(e)(i) A peace officer described in division (A) of this section shall not require, as a prerequisite to arresting or charging a person who has committed the offense of domestic violence or the offense of violating a protection order, that the victim of the offense specifically consent to the filing of charges against the person who has committed the offense or sign a complaint against the person who has committed the offense.
(ii) If a person is arrested for or charged with committing the offense of domestic violence or the offense of violating a protection order and if the victim of the offense does not cooperate with the involved law enforcement or prosecuting authorities in the prosecution of the offense or, subsequent to the arrest or the filing of the charges, informs the involved law enforcement or prosecuting authorities that the victim does not wish the prosecution of the offense to continue or wishes to drop charges against the alleged offender relative to the offense, the involved prosecuting authorities, in determining whether to continue with the prosecution of the offense or whether to dismiss charges against the alleged offender relative to the offense and notwithstanding the victim's failure to cooperate or the victim's wishes, shall consider all facts and circumstances that are relevant to the offense, including, but not limited to, the statements and observations of the peace officers who responded to the incident that resulted in the arrest or filing of the charges and of all witnesses to that incident.
(f) In determining pursuant to divisions (B)(3)(a) to (g) of this section whether to arrest a person pursuant to division (B)(1) of this section, a peace officer described in division (A) of this section shall not consider as a factor any possible shortage of cell space at the detention facility to which the person will be taken subsequent to the person's arrest or any possibility that the person's arrest might cause, contribute to, or exacerbate overcrowding at that detention facility or at any other detention facility.
(g) If a peace officer described in division (A) of this section intends pursuant to divisions (B)(3)(a) to (g) of this section to arrest a person pursuant to division (B)(1) of this section and if the officer is unable to do so because the person is not present, the officer promptly shall seek a warrant for the arrest of the person.
(h) If a peace officer described in division (A) of this section responds to a report of an alleged incident of the offense of domestic violence or an alleged incident of the offense of violating a protection order and if the circumstances of the incident involved the use or threatened use of a deadly weapon or any person involved in the incident brandished a deadly weapon during or in relation to the incident, the deadly weapon that was used, threatened to be used, or brandished constitutes contraband, and, to the extent possible, the officer shall seize the deadly weapon as contraband pursuant to Chapter 2981. of the Revised Code. Upon the seizure of a deadly weapon pursuant to division (B)(3)(h) of this section, section 2981.12 of the Revised Code shall apply regarding the treatment and disposition of the deadly weapon. For purposes of that section, the "underlying criminal offense" that was the basis of the seizure of a deadly weapon under division (B)(3)(h) of this section and to which the deadly weapon had a relationship is any of the following that is applicable:
(i) The alleged incident of the offense of domestic violence or the alleged incident of the offense of violating a protection order to which the officer who seized the deadly weapon responded;
(ii) Any offense that arose out of the same facts and circumstances as the report of the alleged incident of the offense of domestic violence or the alleged incident of the offense of violating a protection order to which the officer who seized the deadly weapon responded.
(4) If, in the circumstances described in divisions (B)(3)(a) to (g) of this section, a peace officer described in division (A) of this section arrests and detains a person pursuant to division (B)(1) of this section, or if, pursuant to division (B)(3)(h) of this section, a peace officer described in division (A) of this section seizes a deadly weapon, the officer, to the extent described in and in accordance with section 9.86 or 2744.03 of the Revised Code, is immune in any civil action for damages for injury, death, or loss to person or property that arises from or is related to the arrest and detention or the seizure.
(C) When there is reasonable ground to believe that a violation of division (A)(1), (2), (3), (4), or (5) of section 4506.15 or a violation of section 4511.19 of the Revised Code has been committed by a person operating a motor vehicle subject to regulation by the public utilities commission of Ohio under Title XLIX of the Revised Code, a peace officer with authority to enforce that provision of law may stop or detain the person whom the officer has reasonable cause to believe was operating the motor vehicle in violation of the division or section and, after investigating the circumstances surrounding the operation of the vehicle, may arrest and detain the person.
(D) If a sheriff, deputy sheriff, marshal, deputy marshal, municipal police officer, member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code, member of a police force employed by a regional transit authority under division (Y) of section 306.35 of the Revised Code, special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code, special police officer employed by a municipal corporation at a municipal airport or other municipal air navigation facility described in division (A) of this section, township constable, police officer of a township or joint police district, state university law enforcement officer appointed under section 3345.04 of the Revised Code, peace officer of the department of natural resources, individual designated to perform law enforcement duties under section 511.232, 1545.13, or 6101.75 of the Revised Code, the house sergeant at arms if the house sergeant at arms has arrest authority pursuant to division (E)(1) of section 101.311 of the Revised Code, or an assistant house sergeant at arms is authorized by division (A) or (B) of this section to arrest and detain, within the limits of the political subdivision, metropolitan housing authority housing project, regional transit authority facilities or those areas of a municipal corporation that have been agreed to by a regional transit authority and a municipal corporation located within its territorial jurisdiction, port authority, municipal airport or other municipal air navigation facility, college, or university in which the officer is appointed, employed, or elected or within the limits of the territorial jurisdiction of the peace officer, a person until a warrant can be obtained, the peace officer, outside the limits of that territory, may pursue, arrest, and detain that person until a warrant can be obtained if all of the following apply:
(1) The pursuit takes place without unreasonable delay after the offense is committed;
(2) The pursuit is initiated within the limits of the political subdivision, metropolitan housing authority housing project, regional transit authority facilities or those areas of a municipal corporation that have been agreed to by a regional transit authority and a municipal corporation located within its territorial jurisdiction, port authority, municipal airport or other municipal air navigation facility, college, or university in which the peace officer is appointed, employed, or elected or within the limits of the territorial jurisdiction of the peace officer;
(3) The offense involved is a felony, a misdemeanor of the first degree or a substantially equivalent municipal ordinance, a misdemeanor of the second degree or a substantially equivalent municipal ordinance, or any offense for which points are chargeable pursuant to section 4510.036 of the Revised Code.
(E) In addition to the authority granted under division (A) or (B) of this section:
(1) A sheriff or deputy sheriff may arrest and detain, until a warrant can be obtained, any person found violating section 4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section 4549.62, or Chapter 4511. or 4513. of the Revised Code on the portion of any street or highway that is located immediately adjacent to the boundaries of the county in which the sheriff or deputy sheriff is elected or appointed.
(2) A member of the police force of a township police district created under section 505.48 of the Revised Code, a member of the police force of a joint police district created under section 505.482 of the Revised Code, or a township constable appointed in accordance with section 509.01 of the Revised Code, who has received a certificate from the Ohio peace officer training commission under section 109.75 of the Revised Code, may arrest and detain, until a warrant can be obtained, any person found violating any section or chapter of the Revised Code listed in division (E)(1) of this section, other than sections 4513.33 and 4513.34 of the Revised Code, on the portion of any street or highway that is located immediately adjacent to the boundaries of the township police district or joint police district, in the case of a member of a township police district or joint police district police force, or the unincorporated territory of the township, in the case of a township constable. However, if the population of the township that created the township police district served by the member's police force, or the townships and municipal corporations that created the joint police district served by the member's police force, or the township that is served by the township constable, is sixty thousand or less, the member of the township police district or joint police district police force or the township constable may not make an arrest under division (E)(2) of this section on a state highway that is included as part of the interstate system.
(3) A police officer or village marshal appointed, elected, or employed by a municipal corporation may arrest and detain, until a warrant can be obtained, any person found violating any section or chapter of the Revised Code listed in division (E)(1) of this section on the portion of any street or highway that is located immediately adjacent to the boundaries of the municipal corporation in which the police officer or village marshal is appointed, elected, or employed.
(4) A peace officer of the department of natural resources, a state fire marshal law enforcement officer described in division (A)(23) of section 109.71 of the Revised Code, or an individual designated to perform law enforcement duties under section 511.232, 1545.13, or 6101.75 of the Revised Code may arrest and detain, until a warrant can be obtained, any person found violating any section or chapter of the Revised Code listed in division (E)(1) of this section, other than sections 4513.33 and 4513.34 of the Revised Code, on the portion of any street or highway that is located immediately adjacent to the boundaries of the lands and waters that constitute the territorial jurisdiction of the peace officer or state fire marshal law enforcement officer.
(F)(1) A department of mental health and addiction services special police officer or a department of developmental disabilities special police officer may arrest without a warrant and detain until a warrant can be obtained any person found committing on the premises of any institution under the jurisdiction of the particular department a misdemeanor under a law of the state.
A department of mental health and addiction services special police officer or a department of developmental disabilities special police officer may arrest without a warrant and detain until a warrant can be obtained any person who has been hospitalized, institutionalized, or confined in an institution under the jurisdiction of the particular department pursuant to or under authority of section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code and who is found committing on the premises of any institution under the jurisdiction of the particular department a violation of section 2921.34 of the Revised Code that involves an escape from the premises of the institution.
(2)(a) If a department of mental health and addiction services special police officer or a department of developmental disabilities special police officer finds any person who has been hospitalized, institutionalized, or confined in an institution under the jurisdiction of the particular department pursuant to or under authority of section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code committing a violation of section 2921.34 of the Revised Code that involves an escape from the premises of the institution, or if there is reasonable ground to believe that a violation of section 2921.34 of the Revised Code has been committed that involves an escape from the premises of an institution under the jurisdiction of the department of mental health and addiction services or the department of developmental disabilities and if a department of mental health and addiction services special police officer or a department of developmental disabilities special police officer has reasonable cause to believe that a particular person who has been hospitalized, institutionalized, or confined in the institution pursuant to or under authority of section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code is guilty of the violation, the special police officer, outside of the premises of the institution, may pursue, arrest, and detain that person for that violation of section 2921.34 of the Revised Code, until a warrant can be obtained, if both of the following apply:
(i) The pursuit takes place without unreasonable delay after the offense is committed;
(ii) The pursuit is initiated within the premises of the institution from which the violation of section 2921.34 of the Revised Code occurred.
(b) For purposes of division (F)(2)(a) of this section, the execution of a written statement by the administrator of the institution in which a person had been hospitalized, institutionalized, or confined pursuant to or under authority of section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code alleging that the person has escaped from the premises of the institution in violation of section 2921.34 of the Revised Code constitutes reasonable ground to believe that the violation was committed and reasonable cause to believe that the person alleged in the statement to have committed the offense is guilty of the violation.
(G) As used in this section:
(1) A "department of mental health and addiction services special police officer" means a special police officer of the department of mental health and addiction services designated under section 5119.08 of the Revised Code who is certified by the Ohio peace officer training commission under section 109.77 of the Revised Code as having successfully completed an approved peace officer basic training program.
(2) A "department of developmental disabilities special police officer" means a special police officer of the department of developmental disabilities designated under section 5123.13 of the Revised Code who is certified by the Ohio peace officer training council under section 109.77 of the Revised Code as having successfully completed an approved peace officer basic training program.
(3) "Deadly weapon" has the same meaning as in section 2923.11 of the Revised Code.
(4) "Family or household member" has the same meaning as in section 2919.25 of the Revised Code.
(5) "Street" or "highway" has the same meaning as in section 4511.01 of the Revised Code.
(6) "Interstate system" has the same meaning as in section 5516.01 of the Revised Code.
(7) "Peace officer of the department of natural resources" means an employee of the department of natural resources who is a natural resources law enforcement staff officer designated pursuant to section 1501.013 of the Revised Code, a forest-fire investigator appointed pursuant to section 1503.09 of the Revised Code, a natural resources officer appointed pursuant to section 1501.24 of the Revised Code, or a wildlife officer designated pursuant to section 1531.13 of the Revised Code.
(8) "Portion of any street or highway" means all lanes of the street or highway irrespective of direction of travel, including designated turn lanes, and any berm, median, or shoulder.
Sec. 2935.041. (A) A merchant, or an employee or agent of a merchant, who has probable cause to believe that items offered for sale by a mercantile establishment have been unlawfully taken by a person, may, for the purposes set forth in division (C) of this section, detain the person in a reasonable manner for a reasonable length of time within the mercantile establishment or its immediate vicinity.
(B) Any officer, employee, or agent of a library, museum, or archival institution may, for the purposes set forth in division (C) of this section or for the purpose of conducting a reasonable investigation of a belief that the person has acted in a manner described in divisions (B)(1) and (2) of this section, detain a person in a reasonable manner for a reasonable length of time within, or in the immediate vicinity of, the library, museum, or archival institution, if the officer, employee, or agent has probable cause to believe that the person has either:
(1) Without privilege to do so, knowingly moved, defaced, damaged, destroyed, or otherwise improperly tampered with property owned by or in the custody of the library, museum, or archival institution; or
(2) With purpose to deprive the library, museum, or archival institution of property owned by it or in its custody, knowingly obtained or exerted control over the property without the consent of the owner or person authorized to give consent, beyond the scope of the express or implied consent of the owner or person authorized to give consent, by deception, or by threat.
(C) An officer, agent, or employee of a library, museum, or archival institution pursuant to division (B) of this section or a merchant or employee or agent of a merchant pursuant to division (A) of this section may detain another person for any of the following purposes:
(1) To recover the property that is the subject of the unlawful taking, criminal mischief, or theft;
(2) To cause an arrest to be made by a peace officer;
(3) To obtain a warrant of arrest;
(4) To offer the person, if the person is suspected of the unlawful taking, criminal mischief, or theft and notwithstanding any other provision of the Revised Code, an opportunity to complete a pretrial diversion program and to inform the person of the other legal remedies available to the library, museum, archival institution, or merchant.
(D) The owner or lessee of a facility in which a motion picture is being shown, or the owner's or lessee's employee or agent, who has probable cause to believe that a person is or has been operating an audiovisual recording function of a device in violation of section 2913.07 of the Revised Code may, for the purpose of causing an arrest to be made by a peace officer or of obtaining an arrest warrant, detain the person in a reasonable manner for a reasonable length of time within the facility or its immediate vicinity.
(E) The officer, agent, or employee of the library, museum, or archival institution, the merchant or employee or agent of a merchant, or the owner, lessee, employee, or agent of the facility acting under division (A), (B), or (D) of this section shall not search the person detained, search or seize any property belonging to the person detained without the person's consent, or use undue restraint upon the person detained.
(F) Any peace officer may arrest without a warrant any person that the officer has probable cause to believe has committed any act described in division (B)(1) or (2) of this section, that the officer has probable cause to believe has committed an unlawful taking in a mercantile establishment, or that the officer has reasonable cause to believe has committed an act prohibited by section 2913.07 of the Revised Code. An arrest under this division shall be made within a reasonable time after the commission of the act or unlawful taking.
(G) As used in this section:
(1) "Archival institution" means any public or private building, structure, or shelter in which are stored historical documents, devices, records, manuscripts, or items of public interest, which historical materials are stored to preserve the materials or the information in the materials, to disseminate the information contained in the materials, or to make the materials available for public inspection or for inspection by certain persons who have a particular interest in, use for, or knowledge concerning the materials.
(2) "Museum" means any public or private nonprofit institution that is permanently organized for primarily educational or aesthetic purposes, owns or borrows objects or items of public interest, and cares for and exhibits to the public the objects or items.
(3)
"Audiovisual recording function" and "facility"
have the same meaning as in division
(C) of section
2913.07
2913.01
of
the Revised Code.
(4) "Pretrial diversion program" means a rehabilitative, educational program designed to reduce recidivism and promote personal responsibility that is at least four hours in length and that has been approved by any court in this state.
Sec. 2935.36. (A) The prosecuting attorney may establish pre-trial diversion programs for adults who are accused of committing criminal offenses and whom the prosecuting attorney believes probably will not offend again. The prosecuting attorney may require, as a condition of an accused's participation in the program, the accused to pay a reasonable fee for supervision services that include, but are not limited to, monitoring and drug testing. The programs shall be operated pursuant to written standards approved by journal entry by the presiding judge or, in courts with only one judge, the judge of the court of common pleas and shall not be applicable to any of the following:
(1) Repeat offenders or dangerous offenders;
(2)
Persons accused of an offense of violence, of a violation of section
2903.06, 2907.04, 2907.05, 2907.21, 2907.22, 2907.31, 2907.32,
2907.34, 2911.31,
2911.07,
2919.12,
2919.13, 2919.22, 2921.02, 2921.11, 2921.12, 2921.32, or 2923.20 of
the Revised Code, or of a violation of section 2905.01, 2905.02, or
2919.23 of the Revised Code that, had it occurred prior to July 1,
1996, would have been a violation of section 2905.04 of the Revised
Code as it existed prior to that date, with the exception that the
prosecuting attorney may permit persons accused of any such offense
to enter a pre-trial diversion program, if the prosecuting attorney
finds any of the following:
(a) The accused did not cause, threaten, or intend serious physical harm to any person;
(b) The offense was the result of circumstances not likely to recur;
(c) The accused has no history of prior delinquency or criminal activity;
(d) The accused has led a law-abiding life for a substantial time before commission of the alleged offense;
(e) Substantial grounds tending to excuse or justify the alleged offense.
(3) Persons accused of a violation of Chapter 2925. or 3719. of the Revised Code, with the exception that the prosecuting attorney may permit persons accused of any of the following to enter a pre-trial diversion program:
(a) A misdemeanor, fifth degree felony, or fourth degree felony violation of section 2925.11 of the Revised Code;
(b) A misdemeanor violation of section 2925.12, 2925.13, or division (C)(1) of section 2925.14 of the Revised Code.
(4) Persons accused of a violation of section 4511.19 of the Revised Code or a violation of any substantially similar municipal ordinance;
(5)(a) Persons who are accused of an offense while operating a commercial motor vehicle or persons who hold a commercial driver's license and are accused of any offense, if conviction of the offense would disqualify the person from operating a commercial motor vehicle under Chapter 4506. of the Revised Code or would subject the person to any other sanction under that chapter;
(b) As used in division (A)(5) of this section, "commercial driver's license" and "commercial motor vehicle" have the same meanings as in section 4506.01 of the Revised Code.
(B) An accused who enters a diversion program shall do all of the following:
(1) Waive, in writing and contingent upon the accused's successful completion of the program, the accused's right to a speedy trial, the preliminary hearing, the time period within which the grand jury may consider an indictment against the accused, and arraignment, unless the hearing, indictment, or arraignment has already occurred;
(2) Agree, in writing, to the tolling while in the program of all periods of limitation established by statutes or rules of court, that are applicable to the offense with which the accused is charged and to the conditions of the diversion program established by the prosecuting attorney;
(3) Agree, in writing, to pay any reasonable fee for supervision services established by the prosecuting attorney.
(C) The trial court, upon the application of the prosecuting attorney, shall order the release from confinement of any accused who has agreed to enter a pre-trial diversion program and shall discharge and release any existing bail and release any sureties on recognizances and shall release the accused on a recognizance bond conditioned upon the accused's compliance with the terms of the diversion program. The prosecuting attorney shall notify every victim of the crime and the arresting officers of the prosecuting attorney's intent to permit the accused to enter a pre-trial diversion program. The victim of the crime and the arresting officers shall have the opportunity to file written objections with the prosecuting attorney prior to the commencement of the pre-trial diversion program.
(D) If the accused satisfactorily completes the diversion program, the prosecuting attorney shall recommend to the trial court that the charges against the accused be dismissed, and the court, upon the recommendation of the prosecuting attorney, shall dismiss the charges. If the accused chooses not to enter the prosecuting attorney's diversion program, or if the accused violates the conditions of the agreement pursuant to which the accused has been released, the accused may be brought to trial upon the charges in the manner provided by law, and the waiver executed pursuant to division (B)(1) of this section shall be void on the date the accused is removed from the program for the violation.
(E) As used in this section:
(1) "Repeat offender" means a person who has a history of persistent criminal activity and whose character and condition reveal a substantial risk that the person will commit another offense. It is prima-facie evidence that a person is a repeat offender if any of the following applies:
(a) Having been convicted of one or more offenses of violence and having been imprisoned pursuant to sentence for any such offense, the person commits a subsequent offense of violence;
(b) Having been convicted of one or more sexually oriented offenses or child-victim oriented offenses, both as defined in section 2950.01 of the Revised Code, and having been imprisoned pursuant to sentence for one or more of those offenses, the person commits a subsequent sexually oriented offense or child-victim oriented offense;
(c) Having been convicted of one or more theft offenses as defined in section 2913.01 of the Revised Code and having been imprisoned pursuant to sentence for one or more of those theft offenses, the person commits a subsequent theft offense;
(d) Having been convicted of one or more felony drug abuse offenses as defined in section 2925.01 of the Revised Code and having been imprisoned pursuant to sentence for one or more of those felony drug abuse offenses, the person commits a subsequent felony drug abuse offense;
(e) Having been convicted of two or more felonies and having been imprisoned pursuant to sentence for one or more felonies, the person commits a subsequent offense;
(f) Having been convicted of three or more offenses of any type or degree other than traffic offenses, alcoholic intoxication offenses, or minor misdemeanors and having been imprisoned pursuant to sentence for any such offense, the person commits a subsequent offense.
(2) "Dangerous offender" means a person who has committed an offense, whose history, character, and condition reveal a substantial risk that the person will be a danger to others, and whose conduct has been characterized by a pattern of repetitive, compulsive, or aggressive behavior with heedless indifference to the consequences.
Sec. 2937.11. (A)(1) As used in divisions (B) and (C) of this section, "victim" includes any person who was a victim of a felony violation identified in division (B) of this section or a felony offense of violence or against whom was directed any conduct that constitutes, or that is an element of, a felony violation identified in division (B) of this section or a felony offense of violence.
(2) As used in division (D) of this section, "victim" means any person who is less than sixteen years of age and who was a victim of a violation of section 2905.32 of the Revised Code or against whom was directed any conduct that constitutes, or is an element of, a violation of section 2905.32 of the Revised Code.
(3) At the preliminary hearing set pursuant to section 2937.10 of the Revised Code and the Criminal Rules, the prosecutor may state, but is not required to state, orally the case for the state and shall then proceed to examine witnesses and introduce exhibits for the state. The accused and the magistrate have full right of cross examination, and the accused has the right of inspection of exhibits prior to their introduction. The hearing shall be conducted under the rules of evidence prevailing in criminal trials generally. On motion of either the state or the accused, witnesses shall be separated and not permitted in the hearing room except when called to testify.
(B) In a case involving an alleged felony violation of section 2905.05, 2905.32, 2907.011, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2907.24, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or an alleged felony offense of violence and in which an alleged victim of the alleged violation or offense was less than thirteen years of age when the complaint or information was filed, whichever occurred earlier, upon motion of the prosecution, the testimony of the child victim at the preliminary hearing may be taken in a room other than the room in which the preliminary hearing is being conducted and be televised, by closed circuit equipment, into the room in which the preliminary hearing is being conducted, in accordance with division (C) of section 2945.481 of the Revised Code.
(C) In a case involving an alleged felony violation listed in division (B) of this section or an alleged felony offense of violence and in which an alleged victim of the alleged violation or offense was less than thirteen years of age when the complaint or information was filed, whichever occurred earlier, the court, on written motion of the prosecutor in the case filed at least three days prior to the hearing, shall order that all testimony of the child victim be recorded and preserved on videotape, in addition to being recorded for purposes of the transcript of the proceeding. If such an order is issued, it shall specifically identify the child victim concerning whose testimony it pertains, apply only during the testimony of the child victim it specifically identifies, and apply to all testimony of the child victim presented at the hearing, regardless of whether the child victim is called as a witness by the prosecution or by the defense.
(D)(1)(a) In a case involving an alleged violation of section 2905.32 of the Revised Code, upon motion of the prosecution, the testimony of the victim at the preliminary hearing may be taken in a place or room other than the room in which the preliminary hearing is being conducted and be televised, by closed circuit equipment, into the room in which the preliminary hearing is being conducted, to be viewed by the accused and any other persons who are not permitted in the room in which the testimony is to be taken but who would have been present during the testimony of the victim had it been given in the room in which the preliminary hearing is being conducted. Except for good cause shown, the prosecution shall file a motion under this division at least seven days before the date of the preliminary hearing.
(b) Upon the motion of the prosecution filed under division (D)(1)(a) of this section and if the judge or magistrate determines that the victim is unavailable to testify in the room in which the preliminary hearing is being conducted in the physical presence of the accused for one or more of the reasons set forth in division (D)(2) of this section, the judge or magistrate may issue an order for the testimony of the victim to be taken in a place or room other than the room in which the preliminary hearing is being conducted and televised, by closed circuit equipment, into the room in which the preliminary hearing is being conducted. If a judge or magistrate issues an order of that nature, the judge or magistrate shall exclude from the room in which the testimony of the victim is to be taken every person except the following:
(i) The victim giving the testimony;
(ii) The judge or magistrate;
(iii) One or more interpreters if needed;
(iv) The attorneys for the prosecution and the defense;
(v) Any person needed to operate the equipment to be used;
(vi) One person chosen by the victim giving the testimony;
(vii) Any person whose presence the judge or magistrate determines would contribute to the welfare and well-being of the victim giving the testimony.
(c) The person chosen by the victim under division (D)(1)(b)(vi) of this section shall not be a witness in the preliminary hearing and, both before and during the testimony, shall not discuss the testimony of the victim with any other witness in the preliminary hearing.
(d) The judge or magistrate, at the judge's or magistrate's discretion, may preside during the giving of the testimony by electronic means from outside the room in which it is being given, subject to the limitations set forth in this division. If the judge or magistrate presides by electronic means, the judge or magistrate shall be provided with monitors on which the judge or magistrate can see each person in the room in which the testimony is to be taken and with an electronic means of communication with each person, and each person in the room shall be provided with a monitor on which that person can see the judge or magistrate and with an electronic means of communication with the judge or magistrate. To the extent feasible, any person operating the televising equipment shall be restricted to a room adjacent to the room in which the testimony is being taken, or to a location in the room in which the testimony is being taken that is behind a screen or mirror, so that the person operating the televising equipment can see and hear, but cannot be seen or heard by, the victim giving the testimony during the testimony. The accused shall be permitted to observe and hear the testimony of the victim giving the testimony on a monitor, shall be provided with an electronic means of immediate communication with the attorney of the accused during the testimony, and shall be restricted to a location from which the accused cannot be seen or heard by the victim giving the testimony, except on a monitor provided for that purpose. The accused and the judge or magistrate have full right of cross examination, and the accused has the right of inspection of exhibits prior to their introduction. The victim giving the testimony shall be provided with a monitor on which the victim can observe the accused during the testimony.
(2) For purposes of division (D)(1) of this section, a judge or magistrate may order the testimony of a victim to be taken at a place or room outside the room in which the preliminary hearing is being conducted if the judge or magistrate determines that the victim is unavailable to testify in the room in the physical presence of the accused due to one or more of the following:
(a) The inability of the victim to communicate about the alleged offense because of extreme fear, severe trauma, or another similar reason;
(b) The substantial likelihood that the victim will suffer serious emotional trauma from so testifying;
(c) The victim is at a hospital for care and treatment for any physical, mental, or emotional injury suffered by reason of the alleged offense.
Sec. 2941.1425. (A) Imposition of a mandatory prison term under division (B)(9) of section 2929.14 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to a violation of division (A)(1) or (2) of section 2903.11 of the Revised Code and unless the indictment, count in the indictment, or information charging the offense specifies one of the following:
(1) Regarding a violation of division (A)(1) of section 2903.11 of the Revised Code, that the offender used an accelerant in committing the violation and that the serious physical harm to another or to another's unborn caused by the violation resulted in a permanent, serious disfigurement or permanent, substantial incapacity;
(2) Regarding a violation of division (A)(2) of section 2903.11 of the Revised Code, that the offender used an accelerant in committing the violation, that the violation caused physical harm to another or to another's unborn, and that the physical harm resulted in a permanent, serious disfigurement or permanent, substantial incapacity.
(B) The specification described in division (A) of this section shall be stated at the end of the body of the indictment, count, or information and shall be stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender used an accelerant in committing the violation and that the serious physical harm to another or to another's unborn caused by the violation of division (A)(1) of section 2903.11 of the Revised Code resulted in a permanent, serious disfigurement or permanent, substantial incapacity, or that the offender used an accelerant in committing the violation, that the violation of division (A)(2) of section 2903.11 of the Revised Code caused physical harm to another or to another's unborn, and that the physical harm resulted in a permanent, serious disfigurement or permanent, substantial incapacity, whichever is applicable)."
(C) As used in this section, "accelerant" has the same meaning as in section 2929.01 of the Revised Code.
(D)
The provisions of this section and of division (D)(2) of section
2903.11, division (F)(20)(F)(19)
of
section 2929.13, and divisions (B)(9) and (C)(6) of section 2929.14
of the Revised Code shall be known as "Judy's Law."
Sec.
2945.04. (A)
If a motion is filed with a court before which a criminal case is
pending alleging that a person has committed or is reasonably likely
to commit any act prohibited by section 2921.04
2921.03
of
the Revised Code in relation to the case, if the court holds a
hearing on the motion, and if the court determines that the
allegations made in the motion are true, the court may issue an order
doing any or any combination of the following, subject to division
(C) of this section:
(1)
Directing the defendant in the case not to violate or to cease a
violation of section 2921.04
2921.03
of
the Revised Code;
(2)
Directing a person other than a defendant who is before the court,
including, but not limited to, a subpoenaed witness or other person
entering the courtroom of the court, not to violate or to cease a
violation of section 2921.04
2921.03
of
the Revised Code;
(3) Directing the defendant or a person described in division (A)(2) of this section to maintain a prescribed geographic distance from any specified person who is before the court, including, but not limited to, the victim of the offense that is the basis of the case or a subpoenaed witness in the case;
(4) Directing the defendant or a person described in division (A)(2) of this section not to communicate with any specified person who is before the court, including, but not limited to, the victim of the offense or a subpoenaed witness in the case;
(5) Directing a specified law enforcement agency that serves a political subdivision within the territorial jurisdiction of the court to provide protection for any specified person who is before the court, including, but not limited to, the victim of the offense or a subpoenaed witness in the case;
(6)
Any other reasonable order that would assist in preventing or causing
the cessation of a violation of section 2921.04
2921.03
of
the Revised Code.
(B)
If a motion is filed with a court in which a criminal complaint has
been filed alleging that the offender or another person acting in
concert with the offender has committed or is reasonably likely to
commit any act that would constitute an offense against the person or
property of the complainant,
his
or
a
ward,
or
his
child
of
the complainant,
if the court holds a hearing on the motion, and if the court
determines that the allegations made in the motion are true, the
court may issue an order doing one or more of the following, subject
to division (C) of this section:
(1)
Directing the defendant in the case not to commit an act or to cease
committing an act that constitutes an offense against the person or
property of the complainant,
his
or
ward,
or
child of
the complainant;
(2)
Directing a person other than the defendant who is before the court,
including, but not limited to, a subpoenaed witness or other person
entering the courtroom, not to commit an act or to cease committing
an act that constitutes an offense against the person or property of
the complainant,
his
or
ward,
or
child of
the complainant;
(3) Directing the defendant or a person described in division (B)(2) of this section to maintain a prescribed geographic distance from any specified person who is before the court, including, but not limited to, the complainant or the victim of the offense, or a subpoenaed witness in the case;
(4) Directing the defendant or a person described in division (B)(2) of this section not to communicate with any specified person who is before the court, including, but not limited to, the complainant, the victim of the offense, or a subpoenaed witness in the case;
(5) Directing a specified law enforcement agency that serves a political subdivision within the territorial jurisdiction of the court to provide protection for any specified person who is before the court, including, but not limited to, the complainant, the victim of the offense, or a subpoenaed witness in the case;
(6) When the complainant and the defendant cohabit with one another but the complainant is not a family or household member, as defined in section 2919.25 of the Revised Code, granting possession of the residence or household to the complainant to the exclusion of the defendant by evicting the defendant when the residence or household is owned or leased solely by the complainant or by ordering the defendant to vacate the premises when the residence or household is jointly owned or leased by the complainant and the defendant;
(7)
Any other reasonable order that would assist in preventing or causing
the cessation of an act that constitutes an offense against the
person or property of the complainant,
his
or
ward,
or
child of
the complainant.
(C)
No order issued under authority of division (A) or (B) of this
section shall prohibit or be construed as prohibiting any attorney
for the defendant in the case or for a person described in division
(A)(2) or (B)(2) of this section from conducting any investigation of
the pending criminal case, from preparing or conducting any defense
of the pending criminal case, or from attempting to zealously
represent his
client
the
defendant
in
the pending criminal case within the bounds of the law. However, this
division does not exempt any person from the prohibitions contained
in section 2921.04
2921.03
or
any section of the Revised Code that constitutes an offense against
the person or property of the complainant,
his
or
a
ward,
or
his
child
of
the complainant,
or provide a defense to a charge of any violation of that section or
of an offense of that nature.
(D)(1) A person who violates an order issued pursuant to division (A) of this section is subject to the following sanctions:
(a)
Criminal prosecution for a violation of section 2921.04
2921.03
of
the Revised Code, if the violation of the court order constitutes a
violation of that section;
(b) Punishment for contempt of court.
(2) A person who violates an order issued pursuant to division (B) of this section is subject to the following sanctions:
(a)
Criminal prosecution for a violation of a section of the Revised Code
that constitutes an offense against the person or property of the
complainant,
his
or
ward,
or
child of
the complainant;
(b) Punishment for contempt of court.
(E)(1)
The punishment of a person for contempt of court for violation of an
order issued pursuant to division (A) of this section does not bar
criminal prosecution of the person for a violation of section 2921.04
2921.03
of
the Revised Code.
(2)
The punishment of a person for contempt of court for a violation of
an order issued pursuant to division (B) of this section does not bar
criminal prosecution of the person for an offense against the person
or property of the complainant,
his
or
ward,
or
child of
the complainant.
(3) A person punished for contempt of court under this section is entitled to credit for the punishment imposed upon conviction of a violation of the offense arising out of the same activity, and a person convicted of such a violation shall not subsequently be punished for contempt of court arising out of the same activity.
Sec. 2945.481. (A)(1) As used in this section, "victim" includes any person who was a victim of a violation identified in division (A)(2) of this section or an offense of violence or against whom was directed any conduct that constitutes, or that is an element of, a violation identified in division (A)(2) of this section or an offense of violence.
(2) In any proceeding in the prosecution of a charge of a violation of section 2905.03, 2905.05, 2907.011, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or an offense of violence and in which an alleged victim of the violation or offense was a child who was less than thirteen years of age when the complaint, indictment, or information was filed, whichever occurred earlier, the judge of the court in which the prosecution is being conducted, upon motion of an attorney for the prosecution, shall order that the testimony of the child victim be taken by deposition. The prosecution also may request that the deposition be videotaped in accordance with division (A)(3) of this section. The judge shall notify the child victim whose deposition is to be taken, the prosecution, and the defense of the date, time, and place for taking the deposition. The notice shall identify the child victim who is to be examined and shall indicate whether a request that the deposition be videotaped has been made. The defendant shall have the right to attend the deposition and the right to be represented by counsel. Depositions shall be taken in the manner provided in civil cases, except that the judge shall preside at the taking of the deposition and shall rule at that time on any objections of the prosecution or the attorney for the defense. The prosecution and the attorney for the defense shall have the right, as at trial, to full examination and cross-examination of the child victim whose deposition is to be taken. If a deposition taken under this division is intended to be offered as evidence in the proceeding, it shall be filed in the court in which the action is pending and is admissible in the manner described in division (B) of this section. If a deposition of a child victim taken under this division is admitted as evidence at the proceeding under division (B) of this section, the child victim shall not be required to testify in person at the proceeding. However, at any time before the conclusion of the proceeding, the attorney for the defense may file a motion with the judge requesting that another deposition of the child victim be taken because new evidence material to the defense has been discovered that the attorney for the defense could not with reasonable diligence have discovered prior to the taking of the admitted deposition. A motion for another deposition shall be accompanied by supporting affidavits. Upon the filing of a motion for another deposition and affidavits, the court may order that additional testimony of the child victim relative to the new evidence be taken by another deposition. If the court orders the taking of another deposition under this provision, the deposition shall be taken in accordance with this division; if the admitted deposition was a videotaped deposition taken in accordance with division (A)(3) of this section, the new deposition also shall be videotaped in accordance with that division and in other cases, the new deposition may be videotaped in accordance with that division.
(3) If the prosecution requests that a deposition to be taken under division (A)(2) of this section be videotaped, the judge shall order that the deposition be videotaped in accordance with this division. If a judge issues an order that the deposition be videotaped, the judge shall exclude from the room in which the deposition is to be taken every person except the child victim giving the testimony, the judge, one or more interpreters if needed, the attorneys for the prosecution and the defense, any person needed to operate the equipment to be used, one person chosen by the child victim giving the deposition, and any person whose presence the judge determines would contribute to the welfare and well-being of the child victim giving the deposition. The person chosen by the child victim shall not be a witness in the proceeding and, both before and during the deposition, shall not discuss the testimony of the child victim with any other witness in the proceeding. To the extent feasible, any person operating the recording equipment shall be restricted to a room adjacent to the room in which the deposition is being taken, or to a location in the room in which the deposition is being taken that is behind a screen or mirror, so that the person operating the recording equipment can see and hear, but cannot be seen or heard by, the child victim giving the deposition during the deposition. The defendant shall be permitted to observe and hear the testimony of the child victim giving the deposition on a monitor, shall be provided with an electronic means of immediate communication with the defendant's attorney during the testimony, and shall be restricted to a location from which the defendant cannot be seen or heard by the child victim giving the deposition, except on a monitor provided for that purpose. The child victim giving the deposition shall be provided with a monitor on which the child victim can observe, during the testimony, the defendant. The judge, at the judge's discretion, may preside at the deposition by electronic means from outside the room in which the deposition is to be taken; if the judge presides by electronic means, the judge shall be provided with monitors on which the judge can see each person in the room in which the deposition is to be taken and with an electronic means of communication with each person, and each person in the room shall be provided with a monitor on which that person can see the judge and with an electronic means of communication with the judge. A deposition that is videotaped under this division shall be taken and filed in the manner described in division (A)(2) of this section and is admissible in the manner described in this division and division (B) of this section, and, if a deposition that is videotaped under this division is admitted as evidence at the proceeding, the child victim shall not be required to testify in person at the proceeding. No deposition videotaped under this division shall be admitted as evidence at any proceeding unless division (B) of this section is satisfied relative to the deposition and all of the following apply relative to the recording:
(a) The recording is both aural and visual and is recorded on film or videotape, or by other electronic means.
(b) The recording is authenticated under the Rules of Evidence and the Rules of Criminal Procedure as a fair and accurate representation of what occurred, and the recording is not altered other than at the direction and under the supervision of the judge in the proceeding.
(c) Each voice on the recording that is material to the testimony on the recording or the making of the recording, as determined by the judge, is identified.
(d) Both the prosecution and the defendant are afforded an opportunity to view the recording before it is shown in the proceeding.
(B)(1) At any proceeding in a prosecution in relation to which a deposition was taken under division (A) of this section, the deposition or a part of it is admissible in evidence upon motion of the prosecution if the testimony in the deposition or the part to be admitted is not excluded by the hearsay rule and if the deposition or the part to be admitted otherwise is admissible under the Rules of Evidence. For purposes of this division, testimony is not excluded by the hearsay rule if the testimony is not hearsay under Evidence Rule 801; if the testimony is within an exception to the hearsay rule set forth in Evidence Rule 803; if the child victim who gave the testimony is unavailable as a witness, as defined in Evidence Rule 804, and the testimony is admissible under that rule; or if both of the following apply:
(a) The defendant had an opportunity and similar motive at the time of the taking of the deposition to develop the testimony by direct, cross, or redirect examination.
(b) The judge determines that there is reasonable cause to believe that, if the child victim who gave the testimony in the deposition were to testify in person at the proceeding, the child victim would experience serious emotional trauma as a result of the child victim's participation at the proceeding.
(2) Objections to receiving in evidence a deposition or a part of it under division (B) of this section shall be made as provided in civil actions.
(3) The provisions of divisions (A) and (B) of this section are in addition to any other provisions of the Revised Code, the Rules of Criminal Procedure, or the Rules of Evidence that pertain to the taking or admission of depositions in a criminal proceeding and do not limit the admissibility under any of those other provisions of any deposition taken under division (A) of this section or otherwise taken.
(C) In any proceeding in the prosecution of any charge of a violation listed in division (A)(2) of this section or an offense of violence and in which an alleged victim of the violation or offense was a child who was less than thirteen years of age when the complaint, indictment, or information was filed, whichever occurred earlier, the prosecution may file a motion with the judge requesting the judge to order the testimony of the child victim to be taken in a room other than the room in which the proceeding is being conducted and be televised, by closed circuit equipment, into the room in which the proceeding is being conducted to be viewed by the jury, if applicable, the defendant, and any other persons who are not permitted in the room in which the testimony is to be taken but who would have been present during the testimony of the child victim had it been given in the room in which the proceeding is being conducted. Except for good cause shown, the prosecution shall file a motion under this division at least seven days before the date of the proceeding. The judge may issue the order upon the motion of the prosecution filed under this section, if the judge determines that the child victim is unavailable to testify in the room in which the proceeding is being conducted in the physical presence of the defendant, for one or more of the reasons set forth in division (E) of this section. If a judge issues an order of that nature, the judge shall exclude from the room in which the testimony is to be taken every person except a person described in division (A)(3) of this section. The judge, at the judge's discretion, may preside during the giving of the testimony by electronic means from outside the room in which it is being given, subject to the limitations set forth in division (A)(3) of this section. To the extent feasible, any person operating the televising equipment shall be hidden from the sight and hearing of the child victim giving the testimony, in a manner similar to that described in division (A)(3) of this section. The defendant shall be permitted to observe and hear the testimony of the child victim giving the testimony on a monitor, shall be provided with an electronic means of immediate communication with the defendant's attorney during the testimony, and shall be restricted to a location from which the defendant cannot be seen or heard by the child victim giving the testimony, except on a monitor provided for that purpose. The child victim giving the testimony shall be provided with a monitor on which the child victim can observe, during the testimony, the defendant.
(D) In any proceeding in the prosecution of any charge of a violation listed in division (A)(2) of this section or an offense of violence and in which an alleged victim of the violation or offense was a child who was less than thirteen years of age when the complaint, indictment, or information was filed, whichever occurred earlier, the prosecution may file a motion with the judge requesting the judge to order the testimony of the child victim to be taken outside of the room in which the proceeding is being conducted and be recorded for showing in the room in which the proceeding is being conducted before the judge, the jury, if applicable, the defendant, and any other persons who would have been present during the testimony of the child victim had it been given in the room in which the proceeding is being conducted. Except for good cause shown, the prosecution shall file a motion under this division at least seven days before the date of the proceeding. The judge may issue the order upon the motion of the prosecution filed under this division, if the judge determines that the child victim is unavailable to testify in the room in which the proceeding is being conducted in the physical presence of the defendant, for one or more of the reasons set forth in division (E) of this section. If a judge issues an order of that nature, the judge shall exclude from the room in which the testimony is to be taken every person except a person described in division (A)(3) of this section. To the extent feasible, any person operating the recording equipment shall be hidden from the sight and hearing of the child victim giving the testimony, in a manner similar to that described in division (A)(3) of this section. The defendant shall be permitted to observe and hear the testimony of the child victim who is giving the testimony on a monitor, shall be provided with an electronic means of immediate communication with the defendant's attorney during the testimony, and shall be restricted to a location from which the defendant cannot be seen or heard by the child victim giving the testimony, except on a monitor provided for that purpose. The child victim giving the testimony shall be provided with a monitor on which the child victim can observe, during the testimony, the defendant. No order for the taking of testimony by recording shall be issued under this division unless the provisions set forth in divisions (A)(3)(a), (b), (c), and (d) of this section apply to the recording of the testimony.
(E) For purposes of divisions (C) and (D) of this section, a judge may order the testimony of a child victim to be taken outside the room in which the proceeding is being conducted if the judge determines that the child victim is unavailable to testify in the room in the physical presence of the defendant due to one or more of the following:
(1) The persistent refusal of the child victim to testify despite judicial requests to do so;
(2) The inability of the child victim to communicate about the alleged violation or offense because of extreme fear, failure of memory, or another similar reason;
(3) The substantial likelihood that the child victim will suffer serious emotional trauma from so testifying.
(F)(1) If a judge issues an order pursuant to division (C) or (D) of this section that requires the testimony of a child victim in a criminal proceeding to be taken outside of the room in which the proceeding is being conducted, the order shall specifically identify the child victim to whose testimony it applies, the order applies only during the testimony of the specified child victim, and the child victim giving the testimony shall not be required to testify at the proceeding other than in accordance with the order.
(2) A judge who makes any determination regarding the admissibility of a deposition under divisions (A) and (B) of this section, the videotaping of a deposition under division (A)(3) of this section, or the taking of testimony outside of the room in which a proceeding is being conducted under division (C) or (D) of this section, shall enter the determination and findings on the record in the proceeding.
Sec. 2945.482. (A) As used in this section:
(1) "Developmental disability" has the same meaning as in section 5123.01 of the Revised Code.
(2) "Victim with a developmental disability" includes a person with a developmental disability who was a victim of a violation identified in division (B)(1) of this section or an offense of violence or against whom was directed any conduct that constitutes, or that is an element of, a violation identified in division (B)(1) of this section or an offense of violence.
(B)(1) In any proceeding in the prosecution of a charge of a violation of section 2903.16, 2903.34, 2903.341, 2905.03, 2907.011, 2907.02, 2907.03, 2907.05, 2907.06, 2907.09, 2907.21, 2907.23, 2907.24, 2907.32, 2907.321, 2907.322, or 2907.323 of the Revised Code or an offense of violence and in which an alleged victim of the violation or offense was a person with a developmental disability, the judge of the court in which the prosecution is being conducted, upon motion of an attorney for the prosecution, shall order that the testimony of the victim with a developmental disability be taken by deposition. The prosecution also may request that the deposition be videotaped in accordance with division (B)(2) of this section. The judge shall notify the victim with a developmental disability whose deposition is to be taken, the prosecution, and the defense of the date, time, and place for taking the deposition. The notice shall identify the victim with a developmental disability who is to be examined and shall indicate whether a request that the deposition be videotaped has been made. The defendant shall have the right to attend the deposition and the right to be represented by counsel. Depositions shall be taken in the manner provided in civil cases, except that the judge shall preside at the taking of the deposition and shall rule at the time on any objections of the prosecution or the attorney for the defense. The prosecution and the attorney for the defense shall have the right, as at trial, to full examination and cross-examination of the victim with a developmental disability whose deposition is to be taken. If a deposition taken under this division is intended to be offered as evidence in the proceeding, it shall be filed in the court in which the action is pending and is admissible in the manner described in division (C) of this section.
If a deposition of a victim with a developmental disability taken under this division is admitted as evidence at the proceeding under division (C) of this section, the victim with a developmental disability shall not be required to testify in person at the proceeding.
At any time before the conclusion of the proceeding, the attorney for the defense may file a motion with the judge requesting that another deposition of the victim with a developmental disability be taken because new evidence material to the defense has been discovered that the attorney for the defense could not with reasonable diligence have discovered prior to the taking of the admitted deposition. If the court orders the taking of another deposition under this provision, the deposition shall be taken in accordance with this division. If the admitted deposition was a videotaped deposition taken in accordance with division (B)(2) of this section, the new deposition shall be videotaped in accordance with that division. In other cases, the new deposition may be videotaped in accordance with that division.
(2) If the prosecution requests that a deposition to be taken under division (B)(2) of this section be videotaped, the judge shall order that the deposition be videotaped in accordance with this division. If a judge issues an order that the deposition be videotaped, the judge shall exclude from the room in which the deposition is to be taken every person except the victim with a developmental disability giving the testimony, the judge, one or more interpreters if needed, the attorneys for the prosecution and the defense, any person needed to operate the equipment to be used, one person chosen by the victim with a developmental disability giving the deposition, and any person whose presence the judge determines would contribute to the welfare and well-being of the victim with a developmental disability giving the deposition. The person chosen by the victim with a developmental disability shall not be a witness in the proceeding and, both before and during the deposition, shall not discuss the testimony of the victim with a developmental disability with any other witness in the proceeding. To the extent feasible, any person operating the recording equipment shall be restricted to a room adjacent to the room in which the deposition is being taken, or to a location in the room in which the deposition is being taken that is behind a screen or mirror, so that the person operating the recording equipment can see and hear, but cannot be seen or heard by, the victim with a developmental disability giving the deposition during the deposition.
The defendant shall be permitted to observe and hear the testimony of the victim with a developmental disability giving the deposition on a monitor, shall be provided with an electronic means of immediate communication with the defendant's attorney during the testimony, and shall be restricted to a location from which the defendant cannot be seen or heard by the victim with a developmental disability giving the deposition, except on a monitor provided for that purpose. The victim with a developmental disability giving the deposition shall be provided with a monitor on which the victim can observe, during the testimony, the defendant. The judge, at the judge's discretion, may preside at the deposition by electronic means from outside the room in which the deposition is to be taken. If the judge presides by electronic means, the judge shall be provided with monitors on which the judge can see each person in the room in which the deposition is to be taken and with an electronic means of communication with each person, and each person in the room shall be provided with a monitor on which that person can see the judge and with an electronic means of communication with the judge. A deposition that is videotaped under this division shall be taken and filed in the manner described in division (B)(1) of this section and is admissible in the manner described in this division and division (C) of this section, and, if a deposition that is videotaped under this division is admitted as evidence at the proceeding, the victim with a developmental disability shall not be required to testify in person at the proceeding. No deposition videotaped under this division shall be admitted as evidence at any proceeding unless division (C) of this section is satisfied relative to the deposition and all of the following apply relative to the recording:
(a) The recording is both aural and visual and is recorded on film or videotape, or by other electronic means.
(b) The recording is authenticated under the Rules of Evidence and the Rules of Criminal Procedure as a fair and accurate representation of what occurred, and the recording is not altered other than at the direction and under the supervision of the judge in the proceeding.
(c) Each voice on the recording that is material to the testimony on the recording or the making of the recording, as determined by the judge, is identified.
(d) Both the prosecution and the defendant are afforded an opportunity to view the recording before it is shown in the proceeding.
(C)(1) At any proceeding in a prosecution in relation to which a deposition was taken under division (B) of this section, the deposition or a part of it is admissible in evidence upon motion of the prosecution if the testimony in the deposition or the part to be admitted is not excluded by the hearsay rule and if the deposition or the part to be admitted otherwise is admissible under the Rules of Evidence. For purposes of this division, testimony is not excluded by the hearsay rule if the testimony is not hearsay under Evidence Rule 801; the testimony is within an exception to the hearsay rule set forth in Evidence Rule 803; the victim with a developmental disability who gave the testimony is unavailable as a witness, as defined in Evidence Rule 804, and the testimony is admissible under that rule; or both of the following apply:
(a) The defendant had an opportunity and similar motive at the time of the taking of the deposition to develop the testimony by direct, cross, or redirect examination.
(b) The judge determines that there is reasonable cause to believe that, if the victim with a developmental disability who gave the testimony in the deposition were to testify in person at the proceeding, the victim with a developmental disability would experience serious emotional trauma as a result of the participation of the victim with a developmental disability at the proceeding.
(2) Objections to receiving in evidence a deposition or a part of it under division (C) of this section shall be made as provided in civil actions.
(3) The provisions of divisions (B) and (C) of this section are in addition to any other provisions of the Revised Code, the Rules of Criminal Procedure, or the Rules of Evidence that pertain to the taking or admission of depositions in a criminal proceeding and do not limit the admissibility under any of those other provisions of any deposition taken under division (B) of this section or otherwise taken.
(D) In any proceeding in the prosecution of any charge of a violation listed in division (B)(1) of this section or an offense of violence and in which an alleged victim of the violation or offense was a person with a developmental disability, the prosecution may file a motion with the judge requesting the judge to order the testimony of the victim with a developmental disability to be taken in a room other than the room in which the proceeding is being conducted and be televised, by closed circuit equipment, into the room in which the proceeding is being conducted to be viewed by the jury, if applicable, the defendant, and any other persons who are not permitted in the room in which the testimony is to be taken but who would have been present during the testimony of the victim with a developmental disability had it been given in the room in which the proceeding is being conducted. Except for good cause shown, the prosecution shall file a motion under this division at least seven days before the date of the proceeding. The judge may issue the order upon the motion of the prosecution filed under this section, if the judge determines that the victim with a developmental disability is unavailable to testify in the room in which the proceeding is being conducted in the physical presence of the defendant for one or more of the reasons set forth in division (F) of this section. If a judge issues an order of that nature, the judge shall exclude from the room in which the testimony is to be taken every person except a person described in division (B)(2) of this section. The judge, at the judge's discretion, may preside during the giving of the testimony by electronic means from outside the room in which it is being given, subject to the limitations set forth in division (B)(2) of this section. To the extent feasible, any person operating the televising equipment shall be hidden from the sight and hearing of the victim with a developmental disability giving the testimony, in a manner similar to that described in division (B)(2) of this section. The defendant shall be permitted to observe and hear the testimony of the victim with a developmental disability giving the testimony on a monitor, shall be provided with an electronic means of immediate communication with the defendant's attorney during the testimony, and shall be restricted to a location from which the defendant cannot be seen or heard by the victim with a developmental disability giving the testimony, except on a monitor provided for that purpose. The victim with a developmental disability giving the testimony shall be provided with a monitor on which the victim with a developmental disability can observe, during the testimony, the defendant.
(E) In any proceeding in the prosecution of any charge of a violation listed in division (B)(1) of this section or an offense of violence and in which an alleged victim of the violation or offense was a victim with a developmental disability, the prosecution may file a motion with the judge requesting the judge to order the testimony of the victim with a developmental disability to be taken outside of the room in which the proceeding is being conducted and be recorded for showing in the room in which the proceeding is being conducted before the judge, the jury, if applicable, the defendant, and any other persons who would have been present during the testimony of the victim with a developmental disability had it been given in the room in which the proceeding is being conducted. Except for good cause shown, the prosecution shall file a motion under this division at least seven days before the date of the proceeding. The judge may issue the order upon the motion of the prosecution filed under this division, if the judge determines that the victim with a developmental disability is unavailable to testify in the room in which the proceeding is being conducted in the physical presence of the defendant, for one or more of the reasons set forth in division (F) of this section. If a judge issues an order of that nature, the judge shall exclude from the room in which the testimony is to be taken every person except a person described in division (B)(2) of this section. To the extent feasible, any person operating the recording equipment shall be hidden from the sight and hearing of the victim with a developmental disability giving the testimony, in a manner similar to that described in division (B)(2) of this section. The defendant shall be permitted to observe and hear the testimony of the victim with a developmental disability who is giving the testimony on a monitor, shall be provided with an electronic means of immediate communication with the defendant's attorney during the testimony, and shall be restricted to a location from which the defendant cannot be seen or heard by the victim with a developmental disability giving the testimony, except on a monitor provided for that purpose. The victim with a developmental disability giving the testimony shall be provided with a monitor on which the victim can observe, during the testimony, the defendant. No order for the taking of testimony by recording shall be issued under this division unless the provisions set forth in divisions (B)(2)(a), (b), (c), and (d) of this section apply to the recording of the testimony.
(F) For purposes of divisions (D) and (E) of this section, a judge may order the testimony of a victim with a developmental disability to be taken outside the room in which the proceeding is being conducted if the judge determines that the victim with a developmental disability is unavailable to testify in the room in the physical presence of the defendant due to one or more of the following:
(1) The persistent refusal of the victim with a developmental disability to testify despite judicial requests to do so;
(2) The inability of the victim with a developmental disability to communicate about the alleged violation or offense because of extreme fear, failure of memory, or another similar reason;
(3) The substantial likelihood that the victim with a developmental disability will suffer serious emotional trauma from so testifying.
(G)(1) If a judge issues an order pursuant to division (D) or (E) of this section that requires the testimony of a victim with a developmental disability in a criminal proceeding to be taken outside of the room in which the proceeding is being conducted, the order shall specifically identify the victim with a developmental disability to whose testimony it applies, the order applies only during the testimony of the specified victim with a developmental disability, and the victim with a developmental disability giving the testimony shall not be required to testify at the proceeding other than in accordance with the order.
(2) A judge who makes any determination regarding the admissibility of a deposition under divisions (B) and (C) of this section, the videotaping of a deposition under division (B)(2) of this section, or the taking of testimony outside of the room in which a proceeding is being conducted under division (D) or (E) of this section shall enter the determination and findings on the record in the proceeding.
Sec. 2945.491. (A) As used in this section:
(1) "Developmental disability" has the same meaning as in section 5123.01 of the Revised Code.
(2) "Victim with a developmental disability" includes a person with a developmental disability who was a victim of a felony violation identified in division (B)(1) of this section or a felony offense of violence or against whom was directed any conduct that constitutes, or that is an element of, a felony violation identified in division (B)(1) of this section or a felony offense of violence.
(B)(1) At a trial on a charge of a felony violation of section 2903.16, 2903.34, 2903.341, 2907.011, 2907.02, 2907.03, 2907.05, 2907.21, 2907.23, 2907.24, 2907.32, 2907.321, 2907.322, or 2907.323 of the Revised Code or an offense of violence and in which an alleged victim of the violation or offense was a person with a developmental disability, the court, upon motion of the prosecutor in the case, may admit videotaped preliminary hearing testimony of the victim with a developmental disability as evidence at the trial, in lieu of the victim with a developmental disability appearing as a witness and testifying at trial, if all of the following apply:
(a) The videotape of the testimony was made at the preliminary hearing at which probable cause of the violation charged was found.
(b) The videotape of the testimony was made in accordance with division (C) of section 2937.11 of the Revised Code.
(c) The testimony in the videotape is not excluded by the hearsay rule and otherwise is admissible under the Rules of Evidence. For purposes of this division, testimony is not excluded by the hearsay rule if the testimony is not hearsay under Evidence Rule 801, the testimony is within an exception to the hearsay rule set forth in Evidence Rule 803, the victim with a developmental disability who gave the testimony is unavailable as a witness, as defined in Evidence Rule 804, and the testimony is admissible under that rule, or both of the following apply:
(i) The accused had an opportunity and similar motive at the preliminary hearing to develop the testimony of the victim with a developmental disability by direct, cross, or redirect examination.
(ii) The court determines that there is reasonable cause to believe that if the victim with a developmental disability who gave the testimony at the preliminary hearing were to testify in person at the trial, the victim with a developmental disability would experience serious emotional trauma as a result of the victim's participation at the trial.
(2) If a victim with a developmental disability of an alleged felony violation of section 2903.16, 2903.34, 2903.341, 2907.011, 2907.02, 2907.03, 2907.05, 2907.21, 2907.23, 2907.24, 2907.32, 2907.321, 2907.322, or 2907.323 of the Revised Code or an alleged felony offense of violence testifies at the preliminary hearing in the case, if the testimony of the victim with a developmental disability at the preliminary hearing was videotaped pursuant to division (C) of section 2937.11 of the Revised Code, and if the defendant in the case files a written objection to the use, pursuant to division (B)(1) of this section, of the videotaped testimony at the trial, the court, immediately after the filing of the objection, shall hold a hearing to determine whether the videotaped testimony of the victim with a developmental disability should be admissible at trial under division (B)(1) of this section and, if it is admissible, whether the victim with a developmental disability should be required to provide limited additional testimony of the type described in this division. At the hearing held pursuant to this division, the defendant and the prosecutor in the case may present any evidence that is relevant to the issues to be determined at the hearing, but the victim with a developmental disability shall not be required to testify at the hearing.
After the hearing, the court shall not require the victim with a developmental disability to testify at the trial, unless it determines that both of the following apply:
(a) That the testimony of the victim with a developmental disability at trial is necessary for one or more of the following reasons:
(i) Evidence that was not available at the time of the testimony of the victim with a developmental disability at the preliminary hearing has been discovered.
(ii) The circumstances surrounding the case have changed sufficiently to necessitate that the victim with a developmental disability testify at the trial.
(b) That the testimony of the victim with a developmental disability at the trial is necessary to protect the right of the defendant to a fair trial.
The court shall enter its finding and the reasons for it in the journal. If the court requires the victim with a developmental disability to testify at the trial, the testimony of the victim shall be limited to the new evidence and changed circumstances, and the victim with a developmental disability shall not otherwise be required to testify at the trial. The required testimony of the victim with a developmental disability may be given in person or, upon motion of the prosecution, may be taken by deposition in accordance with division (B) of section 2945.482 of the Revised Code provided the deposition is admitted as evidence under division (C) of that section, may be taken outside of the courtroom and televised into the courtroom in accordance with division (D) of that section, or may be taken outside of the courtroom and recorded for showing in the courtroom in accordance with division (E) of that section.
(3) If videotaped testimony of a victim with a developmental disability is admitted at trial in accordance with division (B)(1) of this section, the victim with a developmental disability shall not be compelled in any way to appear as a witness at the trial, except as provided in division (B)(2) of this section.
(C) An order issued pursuant to division (B) of this section shall specifically identify the victim with a developmental disability concerning whose testimony it pertains. The order shall apply only during the testimony of the victim with a developmental disability it specifically identifies.
Sec. 2949.02. (A) If a person is convicted of any bailable offense, including, but not limited to, a violation of an ordinance of a municipal corporation, in a municipal or county court or in a court of common pleas and if the person gives to the trial judge or magistrate a written notice of the person's intention to file or apply for leave to file an appeal to the court of appeals, the trial judge or magistrate may suspend, subject to division (A)(2)(b) of section 2953.09 of the Revised Code, execution of the sentence or judgment imposed for any fixed time that will give the person time either to prepare and file, or to apply for leave to file, the appeal. In all bailable cases, except as provided in division (B) of this section, the trial judge or magistrate may release the person on bail in accordance with Criminal Rule 46, and the bail shall at least be conditioned that the person will appeal without delay and abide by the judgment and sentence of the court.
(B)
Notwithstanding any provision of Criminal Rule 46 to the contrary, a
trial judge of a court of common pleas shall not release on bail
pursuant to division (A) of this section a person who is convicted of
a bailable offense if the person is sentenced to imprisonment for
life or if that offense is a violation of section 2903.01, 2903.02,
2903.03, 2903.04, 2903.11, 2905.01, 2905.02, 2905.11, 2907.011,
2907.02,
2909.02, 2911.01, 2911.02, or 2911.11
2911.03
of
the Revised Code or is felonious sexual penetration in violation of
former section 2907.12 of the Revised Code.
(C) If a trial judge of a court of common pleas is prohibited by division (B) of this section from releasing on bail pursuant to division (A) of this section a person who is convicted of a bailable offense and not sentenced to imprisonment for life, the appropriate court of appeals or two judges of it, upon motion of such a person and for good cause shown, may release the person on bail in accordance with Appellate Rule 8 and Criminal Rule 46, and the bail shall at least be conditioned as described in division (A) of this section.
Sec. 2950.99. (A)(1)(a) Except as otherwise provided in division (A)(1)(b) of this section, whoever violates a prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code shall be punished as follows:
(i) If the most serious sexually oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is aggravated murder or murder if committed by an adult or a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the first degree.
(ii) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is a felony of the first, second, third, or fourth degree if committed by an adult or a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the same degree as the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address, or address verification requirement that was violated under the prohibition, or, if the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address, or address verification requirement that was violated under the prohibition is a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the same degree as that offense committed in the other jurisdiction would constitute if committed in this state.
(iii) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is a felony of the fifth degree or a misdemeanor if committed by an adult or a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the fourth degree.
(b) If the offender previously has been convicted of or pleaded guilty to, or previously has been adjudicated a delinquent child for committing, a violation of a prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, whoever violates a prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code shall be punished as follows:
(i) If the most serious sexually oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is aggravated murder or murder if committed by an adult or a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the first degree.
(ii) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is a felony of the first, second, or third degree if committed by an adult or a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the same degree as the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address, or address verification requirement that was violated under the prohibition, or, if the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address, or address verification requirement that was violated under the prohibition is a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the same degree as that offense committed in the other jurisdiction would constitute if committed in this state.
(iii) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is a felony of the fourth or fifth degree if committed by an adult or a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the third degree.
(iv) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is a misdemeanor if committed by an adult or a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the fourth degree.
(2)(a) In addition to any penalty or sanction imposed under division (A)(1) of this section or any other provision of law for a violation of a prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, if the offender or delinquent child is subject to a community control sanction, is on parole, is subject to one or more post-release control sanctions, or is subject to any other type of supervised release at the time of the violation, the violation shall constitute a violation of the terms and conditions of the community control sanction, parole, post-release control sanction, or other type of supervised release.
(b)
In addition to any penalty or sanction imposed under division
(A)(1)(b)(i), (ii), or (iii) of this section or any other provision
of law for a violation of a prohibition in section 2950.04, 2950.041,
2950.05, or 2950.06 of the Revised Code, if the offender previously
has been convicted of or pleaded guilty to, or previously has been
adjudicated a delinquent child for committing, a violation of a
prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of the
Revised Code when the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the requirement
that was violated under the prohibition is a felony if committed by
an adult or a comparable category of offense committed in another
jurisdiction, the court imposing a sentence upon the offender shall
impose a definite prison term of no less than three years. The
definite prison term imposed under this section,
subject to divisions (C) to (I) of section 2967.19 of the Revised
Code,
shall
not be reduced to less than three years pursuant to any provision of
Chapter 2967. or any other provision of the Revised Code.
(3) As used in division (A)(1) of this section, "comparable category of offense committed in another jurisdiction" means a sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated, that is a violation of an existing or former law of another state or the United States, an existing or former law applicable in a military court or in an Indian tribal court, or an existing or former law of any nation other than the United States, and that, if it had been committed in this state, would constitute or would have constituted aggravated murder or murder for purposes of division (A)(1)(a)(i) of this section, a felony of the first, second, third, or fourth degree for purposes of division (A)(1)(a)(ii) of this section, a felony of the fifth degree or a misdemeanor for purposes of division (A)(1)(a)(iii) of this section, aggravated murder or murder for purposes of division (A)(1)(b)(i) of this section, a felony of the first, second, or third degree for purposes of division (A)(1)(b)(ii) of this section, a felony of the fourth or fifth degree for purposes of division (A)(1)(b)(iii) of this section, or a misdemeanor for purposes of division (A)(1)(b)(iv) of this section.
(B) If a person violates a prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code that applies to the person as a result of the person being adjudicated a delinquent child and being classified a juvenile offender registrant or an out-of-state juvenile offender registrant, both of the following apply:
(1) If the violation occurs while the person is under eighteen years of age, the person is subject to proceedings under Chapter 2152. of the Revised Code based on the violation.
(2) If the violation occurs while the person is eighteen years of age or older, the person is subject to criminal prosecution based on the violation.
(C) Whoever violates division (C) of section 2950.13 of the Revised Code is guilty of a misdemeanor of the first degree.
Sec. 2953.09. (A)(1) Upon filing an appeal in the supreme court, the execution of the sentence or judgment imposed in cases of felony is suspended.
(2)(a) If a notice of appeal is filed pursuant to the Rules of Appellate Procedure by a defendant who is convicted in a municipal or county court or a court of common pleas of a felony or misdemeanor under the Revised Code or an ordinance of a municipal corporation, the filing of the notice of appeal does not suspend execution of the sentence or judgment imposed. However, consistent with divisions (A)(2)(b), (B), and (C) of this section, Appellate Rule 8, and Criminal Rule 46, the municipal or county court, court of common pleas, or court of appeals may suspend execution of the sentence or judgment imposed during the pendency of the appeal and shall determine whether that defendant is entitled to bail and the amount and nature of any bail that is required. The bail shall at least be conditioned that the defendant will prosecute the appeal without delay and abide by the judgment and sentence of the court.
(b)(i) A court of common pleas or court of appeals may suspend the execution of a sentence of death imposed for an offense committed before January 1, 1995, only if no date for execution has been set by the supreme court, good cause is shown for the suspension, the defendant files a motion requesting the suspension, and notice has been given to the prosecuting attorney of the appropriate county.
(ii) A court of common pleas may suspend the execution of a sentence of death imposed for an offense committed on or after January 1, 1995, only if no date for execution has been set by the supreme court, good cause is shown, the defendant files a motion requesting the suspension, and notice has been given to the prosecuting attorney of the appropriate county.
(iii) A court of common pleas or court of appeals may suspend the execution of the sentence or judgment imposed for a felony in a capital case in which a sentence of death is not imposed only if no date for execution of the sentence has been set by the supreme court, good cause is shown for the suspension, the defendant files a motion requesting the suspension, and only after notice has been given to the prosecuting attorney of the appropriate county.
(B)
Notwithstanding any provision of Criminal Rule 46 to the contrary, a
trial judge of a court of common pleas shall not release on bail
pursuant to division (A)(2)(a) of this section a defendant who is
convicted of a bailable offense if the defendant is sentenced to
imprisonment for life or if that offense is a violation of section
2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2905.01, 2905.02,
2905.11, 2907.011,
2907.02,
2909.02, 2911.01, 2911.02, or 2911.11
2911.03
of
the Revised Code or is felonious sexual penetration in violation of
former section 2907.12 of the Revised Code.
(C) If a trial judge of a court of common pleas is prohibited by division (B) of this section from releasing on bail pursuant to division (A)(2)(a) of this section a defendant who is convicted of a bailable offense and not sentenced to imprisonment for life, the appropriate court of appeals or two judges of it, upon motion of the defendant and for good cause shown, may release the defendant on bail in accordance with division (A)(2) of this section.
Sec. 2967.12. (A) Except as provided in division (G) of this section, at least sixty days before the adult parole authority recommends any pardon or commutation of sentence, or grants any parole, the authority shall provide a notice of the pendency of the pardon, commutation, or parole, setting forth the name of the person on whose behalf it is made, the offense of which the person was convicted or to which the person pleaded guilty, the time of conviction or the guilty plea, and the term of the person's sentence, to the prosecuting attorney and the judge of the court of common pleas of the county in which the indictment against the person was found. If there is more than one judge of that court of common pleas, the authority shall provide the notice to the presiding judge. Upon the request of the prosecuting attorney or of any law enforcement agency, the authority shall provide to the requesting prosecuting attorney and law enforcement agencies an institutional summary report that covers the subject person's participation while confined in a state correctional institution in training, work, and other rehabilitative activities and any disciplinary action taken against the person while so confined. The department of rehabilitation and correction may utilize electronic means to provide this notice. The department of rehabilitation and correction, at the same time that it provides the notice to the prosecuting attorney and judge under this division, also shall post on the database it maintains pursuant to section 5120.66 of the Revised Code the offender's name and all of the information specified in division (A)(1)(c)(iii) of that section.
(B) If a request for notification has been made pursuant to section 2930.16 of the Revised Code or if division (H) of this section applies, the office of victim services or the adult parole authority also shall provide notice to the victim or the victim's representative at least sixty days prior to recommending any pardon or commutation of sentence for, or granting any parole to, the person. The notice shall include the information required by division (A) of this section and may be provided by telephone or through electronic means. The notice also shall inform the victim or the victim's representative that the victim or representative may send a written statement relative to the victimization and the pending action to the adult parole authority and that, if the authority receives any written statement prior to recommending a pardon or commutation or granting a parole for a person, the authority will consider the statement before it recommends a pardon or commutation or grants a parole. If the person is being considered for parole, the notice shall inform the victim or the victim's representative that a full board hearing of the parole board may be held and that the victim or victim's representative may contact the office of victims' services for further information. If the person being considered for parole was convicted of or pleaded guilty to a violation of section 2903.01 or 2903.02 of the Revised Code, an offense of violence that is a felony of the first, second, or third degree, or an offense punished by a sentence of life imprisonment, the notice shall inform the victim of that offense, the victim's representative, or a member of the victim's immediate family that the victim, the victim's representative, and the victim's immediate family have the right to give testimony at a full board hearing of the parole board and that the victim or victim's representative may contact the office of victims' services for further information.
(C) When notice of the pendency of any pardon, commutation of sentence, or parole has been provided to a judge or prosecutor or posted on the database as required in division (A) of this section and a hearing on the pardon, commutation, or parole is continued to a date certain, the authority shall provide notice of the further consideration of the pardon, commutation, or parole at least sixty days before the further consideration. The notice of the further consideration shall be provided to the proper judge and prosecuting attorney at least sixty days before the further consideration, and may be provided using electronic means, and, if the initial notice was posted on the database as provided in division (A) of this section, the notice of the further consideration shall be posted on the database at least sixty days before the further consideration. If the prosecuting attorney or a law enforcement agency was provided a copy of the institutional summary report relative to the subject person under division (A) of this section, the authority shall include with the notice of the further consideration sent to the prosecuting attorney any new information with respect to the person that relates to activities and actions of the person that are of a type covered by the report and shall send to the law enforcement agency a report that provides notice of the further consideration and includes any such new information with respect to the person. When notice of the pendency of any pardon, commutation, or parole has been given as provided in division (B) of this section and the hearing on it is continued to a date certain, the authority shall give notice of the further consideration to the victim or the victim's representative in accordance with section 2930.03 of the Revised Code.
(D) In case of an application for the pardon or commutation of sentence of a person sentenced to capital punishment, the governor may modify the requirements of notification and publication if there is not sufficient time for compliance with the requirements before the date fixed for the execution of sentence.
(E) If an offender is serving a prison term imposed under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code and if the parole board terminates its control over the offender's service of that term pursuant to section 2971.04 of the Revised Code, the parole board immediately shall provide written notice of its termination of control or the transfer of control to the entities and persons specified in section 2971.04 of the Revised Code.
(F) The failure of the adult parole authority to comply with the notice or posting provisions of division (A), (B), or (C) of this section or the failure of the parole board to comply with the notice provisions of division (E) of this section do not give any rights or any grounds for appeal or post-conviction relief to the person serving the sentence.
(G) Divisions (A), (B), and (C) of this section do not apply to any release of a person that is of the type described in division (B)(2)(b) of section 5120.031 of the Revised Code.
(H)
If a defendant is incarcerated for the commission of aggravated
murder, murder, or an offense of violence that is a felony of the
first, second, or third degree or is under a sentence of life
imprisonment, except as otherwise provided in this division, the
notice described in division (B) of this section shall be given to
the victim or victim's representative regardless of whether the
victim or victim's representative has made a request for
notification. The notice described in division (B) of this section
shall not be given under this division to a victim or victim's
representative if the victim or victim's representative has requested
pursuant to division (B)(2) of section 2930.03 of the Revised Code
that the victim or the victim's representative not be provided the
notice. The notice described in division (B) of this section does not
have to be given under this division to a victim or victim's
representative if notice was given to the victim or victim's
representative with respect to at least two prior considerations of
pardon, commutation, or parole of a person and the victim or victim's
representative did not provide any written statement relative to the
victimization and the pending action, did not attend any hearing
conducted relative to the pending action, and did not otherwise
respond to the office with respect to the pending action. Regardless
of whether the victim or victim's representative has requested that
the notice described in division (B) of this section be provided or
not be provided, the office of victim services or adult parole
authority shall give similar notice to the law enforcement agency
that arrested the defendant if any officer of that agency was a
victim of the offense and to any member of the victim's immediate
family who requests notification. If notice is to be given under this
division, the office or authority may give the notice by any
reasonable means, including regular mail, telephone, and electronic
mail, in accordance with division (D)(1) of section 2930.16 of the
Revised Code. If the notice is based on an offense committed prior to
the
effective date of this amendment
March
22, 2013,
the notice to the victim or victim's representative also shall
include the opt-out information described in division (D)(1) of
section 2930.16 of the Revised Code. The office or authority, in
accordance with division (D)(2) of section 2930.16 of the Revised
Code, shall keep a record of all attempts to provide the notice, and
of all notices provided, under this division.
Division
(H) of this section, and the notice-related provisions of divisions
(E)(2) and (K) of section 2929.20, division (D)(1) of section
2930.16, division (E)(1)(b) of section 2967.19
as
it existed prior to the effective date of this amendment,
division (A)(3)(b)
(A)(2)(b)
of
section 2967.26, division (D)(1) of section 2967.28, and division
(A)(2) of section 5149.101 of the Revised Code enacted in the act in
which division (H) of this section was enacted, shall be known as
"Roberta's Law."
(I) In addition to and independent of the right of a victim to make a statement as described in division (A) of this section or pursuant to section 2930.17 of the Revised Code or to otherwise make a statement, the authority for a judge or prosecuting attorney to furnish statements and information, make recommendations, and give testimony as described in division (A) of this section, the right of a prosecuting attorney, judge, or victim to give testimony or submit a statement at a full parole board hearing pursuant to section 5149.101 of the Revised Code, and any other right or duty of a person to present information or make a statement, any person may send to the adult parole authority at any time prior to the authority's recommending a pardon or commutation or granting a parole for the offender a written statement relative to the offense and the pending action.
(J) As used in this section, "victim's immediate family" means the mother, father, spouse, sibling, or child of the victim, provided that in no case does "victim's immediate family" include the offender with respect to whom the notice in question applies.
Sec. 2967.13. (A) Except as provided in division (G) of this section or section 2967.132 of the Revised Code, a prisoner serving a sentence of imprisonment for life for an offense committed on or after July 1, 1996, is not entitled to any earned credit under section 2967.193 of the Revised Code and becomes eligible for parole as follows:
(1) If a sentence of imprisonment for life was imposed for the offense of murder, at the expiration of the prisoner's minimum term;
(2) If a sentence of imprisonment for life with parole eligibility after serving twenty years of imprisonment was imposed pursuant to section 2929.022 or 2929.03 of the Revised Code, after serving a term of twenty years;
(3) If a sentence of imprisonment for life with parole eligibility after serving twenty-five full years of imprisonment was imposed pursuant to section 2929.022 or 2929.03 of the Revised Code, after serving a term of twenty-five full years;
(4) If a sentence of imprisonment for life with parole eligibility after serving thirty full years of imprisonment was imposed pursuant to section 2929.022 or 2929.03 of the Revised Code, after serving a term of thirty full years;
(5) If a sentence of imprisonment for life was imposed for rape, after serving a term of ten full years' imprisonment;
(6)
If a sentence of imprisonment for life with parole eligibility after
serving fifteen years of imprisonment was imposed for a violation of
section 2927.24
2909.29
of
the Revised Code, after serving a term of fifteen years.
(B) Except as provided in division (G) of this section or section 2967.132 of the Revised Code, a prisoner serving a sentence of imprisonment for life with parole eligibility after serving twenty years of imprisonment or a sentence of imprisonment for life with parole eligibility after serving twenty-five full years or thirty full years of imprisonment imposed pursuant to section 2929.022 or 2929.03 of the Revised Code for an offense committed on or after July 1, 1996, consecutively to any other term of imprisonment, becomes eligible for parole after serving twenty years, twenty full years, or thirty full years, as applicable, as to each such sentence of life imprisonment, which shall not be reduced for earned credits under section 2967.193 of the Revised Code, plus the term or terms of the other sentences consecutively imposed or, if one of the other sentences is another type of life sentence with parole eligibility, the number of years before parole eligibility for that sentence.
(C) Except as provided in division (G) of this section or section 2967.132 of the Revised Code, a prisoner serving consecutively two or more sentences in which an indefinite term of imprisonment is imposed becomes eligible for parole upon the expiration of the aggregate of the minimum terms of the sentences.
(D) Except as provided in division (G) of this section or section 2967.132 of the Revised Code, a prisoner serving a term of imprisonment who is described in division (A) of section 2967.021 of the Revised Code becomes eligible for parole as described in that division or, if the prisoner is serving a definite term of imprisonment, shall be released as described in that division.
(E) Except as provided in section 2967.132 of the Revised Code, a prisoner serving a sentence of life imprisonment without parole imposed pursuant to section 2907.02 or section 2929.03 or 2929.06 of the Revised Code is not eligible for parole and shall be imprisoned until death.
(F) A prisoner serving a stated prison term that is a non-life felony indefinite prison term shall be released in accordance with sections 2967.271 and 2967.28 of the Revised Code. A prisoner serving a stated prison term of any other nature shall be released in accordance with section 2967.28 of the Revised Code.
(G) Except as provided in section 2967.132 of the Revised Code, a prisoner serving a prison term or term of life imprisonment without parole imposed pursuant to section 2971.03 of the Revised Code never becomes eligible for parole during that term of imprisonment.
Sec. 2967.16. (A) Except as provided in division (D) of this section, when a paroled prisoner has faithfully performed the conditions and obligations of the paroled prisoner's parole and has obeyed the rules and regulations adopted by the adult parole authority that apply to the paroled prisoner, the authority may grant a final release and thereupon shall issue to the paroled prisoner a certificate of final release that shall serve as the minutes of the authority, but the authority shall not grant a final release earlier than one year after the paroled prisoner is released from the institution on parole, and, in the case of a paroled prisoner whose sentence is life imprisonment, the authority shall not grant a final release earlier than five years after the paroled prisoner is released from the institution on parole.
(B)(1) When a prisoner who has been released under a period of post-release control pursuant to section 2967.28 of the Revised Code has faithfully performed the conditions and obligations of the released prisoner's post-release control sanctions and has obeyed the rules and regulations adopted by the adult parole authority that apply to the released prisoner or has the period of post-release control terminated by a court pursuant to section 2929.141 of the Revised Code, the authority may terminate the period of post-release control and issue to the released prisoner a certificate of termination, which shall serve as the minutes of the authority. In the case of a prisoner who has been released under a period of post-release control pursuant to division (B) of section 2967.28 of the Revised Code, the authority shall not terminate post-release control earlier than one year after the released prisoner is released from the institution under a period of post-release control. The authority shall classify the termination of post-release control as favorable or unfavorable depending on the offender's conduct and compliance with the conditions of supervision. In the case of a released prisoner whose sentence is life imprisonment, the authority shall not terminate post-release control earlier than five years after the released prisoner is released from the institution under a period of post-release control.
(2) The department of rehabilitation and correction, no later than six months after July 8, 2002, shall adopt a rule in accordance with Chapter 119. of the Revised Code that establishes the criteria for the classification of a post-release control termination as "favorable" or "unfavorable."
(C)(1) Except as provided in division (C)(2) of this section, the following prisoners or person shall be restored to the rights and privileges forfeited by a conviction:
(a) A prisoner who has served the entire prison term that comprises or is part of the prisoner's sentence and has not been placed under any post-release control sanctions;
(b) A prisoner who has been granted a final release or termination of post-release control by the adult parole authority pursuant to division (A) or (B) of this section;
(c) A person who has completed the period of a community control sanction or combination of community control sanctions, as defined in section 2929.01 of the Revised Code, that was imposed by the sentencing court.
(2)(a) As used in division (C)(2)(c) of this section:
(i) "Position of honor, trust, or profit" has the same meaning as in section 2929.192 of the Revised Code.
(ii) "Public office" means any elected federal, state, or local government office in this state.
(b) For purposes of division (C)(2)(c) of this section, a violation of section 2923.32 of the Revised Code or any other violation or offense that includes as an element a course of conduct or the occurrence of multiple acts is "committed on or after May 13, 2008," if the course of conduct continues, one or more of the multiple acts occurs, or the subject person's accountability for the course of conduct or for one or more of the multiple acts continues, on or after May 13, 2008.
(c) Division (C)(1) of this section does not restore a prisoner or person to the privilege of holding a position of honor, trust, or profit if the prisoner or person was convicted of or pleaded guilty to committing on or after May 13, 2008, any of the following offenses that is a felony:
(i)
A violation of section 2921.02, 2921.03,
2921.05,
2921.41, 2921.42, or 2923.32 or
division (A) of section 2921.03 of
the Revised Code;
(ii)
A violation of section 2913.42, 2921.04,
2921.11,
2921.12, 2921.31, or 2921.32 or
division (B) of section 2921.03 of
the Revised Code, when the person committed the violation while the
person was serving in a public office and the conduct constituting
the violation was related to the duties of the person's public office
or to the person's actions as a public official holding that public
office;
(iii) A violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially equivalent to any violation listed in division (C)(2)(c)(i) of this section;
(iv) A violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially equivalent to any violation listed in division (C)(2)(c)(ii) of this section, when the person committed the violation while the person was serving in a public office and the conduct constituting the violation was related to the duties of the person's public office or to the person's actions as a public official holding that public office;
(v) A conspiracy to commit, attempt to commit, or complicity in committing any offense listed in division (C)(2)(c)(i) or described in division (C)(2)(c)(iii) of this section;
(vi) A conspiracy to commit, attempt to commit, or complicity in committing any offense listed in division (C)(2)(c)(ii) or described in division (C)(2)(c)(iv) of this section, if the person committed the violation while the person was serving in a public office and the conduct constituting the offense that was the subject of the conspiracy, that would have constituted the offense attempted, or constituting the offense in which the person was complicit was or would have been related to the duties of the person's public office or to the person's actions as a public official holding that public office.
(D) Division (A) of this section does not apply to a prisoner in the shock incarceration program established pursuant to section 5120.031 of the Revised Code.
(E) The final release certificate of a parolee and the certificate of termination of a prisoner shall serve as the official minutes of the adult parole authority, and the authority shall consider those certificates as its official minutes.
Sec. 2967.28. (A) As used in this section:
(1) "Monitored time" means the monitored time sanction specified in section 2929.17 and defined in section 2929.01 of the Revised Code.
(2) "Deadly weapon" and "dangerous ordnance" have the same meanings as in section 2923.11 of the Revised Code.
(3) "Felony sex offense" means a violation of a section contained in Chapter 2907. of the Revised Code that is a felony.
(4) "Risk reduction sentence" means a prison term imposed by a court, when the court recommends pursuant to section 2929.143 of the Revised Code that the offender serve the sentence under section 5120.036 of the Revised Code, and the offender may potentially be released from imprisonment prior to the expiration of the prison term if the offender successfully completes all assessment and treatment or programming required by the department of rehabilitation and correction under section 5120.036 of the Revised Code.
(5) "Victim's immediate family" has the same meaning as in section 2967.12 of the Revised Code.
(6) "Minor drug possession offense" has the same meaning as in section 2925.11 of the Revised Code.
(7) "Single validated risk assessment tool" means the single validated risk assessment tool selected by the department of rehabilitation and correction under section 5120.114 of the Revised Code.
(B) Each sentence to a prison term, other than a term of life imprisonment, for a felony of the first degree, for a felony of the second degree, for a felony sex offense, or for a felony of the third degree that is an offense of violence and is not a felony sex offense shall include a requirement that the offender be subject to a period of post-release control imposed by the parole board after the offender's release from imprisonment. This division applies with respect to all prison terms of a type described in this division, including a term of any such type that is a risk reduction sentence. If a court imposes a sentence including a prison term of a type described in this division on or after July 11, 2006, the failure of a sentencing court to notify the offender pursuant to division (B)(2)(d) of section 2929.19 of the Revised Code of this requirement or to include in the judgment of conviction entered on the journal a statement that the offender's sentence includes this requirement does not negate, limit, or otherwise affect the mandatory period of supervision that is required for the offender under this division. This division applies with respect to all prison terms of a type described in this division, including a non-life felony indefinite prison term. Section 2929.191 of the Revised Code applies if, prior to July 11, 2006, a court imposed a sentence including a prison term of a type described in this division and failed to notify the offender pursuant to division (B)(2)(d) of section 2929.19 of the Revised Code regarding post-release control or to include in the judgment of conviction entered on the journal or in the sentence pursuant to division (D)(1) of section 2929.14 of the Revised Code a statement regarding post-release control. Unless reduced by the parole board pursuant to division (D) of this section when authorized under that division, a period of post-release control required by this division for an offender shall be of one of the following periods:
(1) For a felony sex offense, five years;
(2) For a felony of the first degree that is not a felony sex offense, up to five years, but not less than two years;
(3) For a felony of the second degree that is not a felony sex offense, up to three years, but not less than eighteen months;
(4) For a felony of the third degree that is an offense of violence and is not a felony sex offense, up to three years, but not less than one year.
(C) Any sentence to a prison term for a felony of the third, fourth, or fifth degree that is not subject to division (B)(1) or (4) of this section shall include a requirement that the offender be subject to a period of post-release control of up to two years after the offender's release from imprisonment, if the parole board, in accordance with division (D) of this section, determines that a period of post-release control is necessary for that offender. This division applies with respect to all prison terms of a type described in this division, including a term of any such type that is a risk reduction sentence. Section 2929.191 of the Revised Code applies if, prior to July 11, 2006, a court imposed a sentence including a prison term of a type described in this division and failed to notify the offender pursuant to division (B)(2)(e) of section 2929.19 of the Revised Code regarding post-release control or to include in the judgment of conviction entered on the journal or in the sentence pursuant to division (D)(2) of section 2929.14 of the Revised Code a statement regarding post-release control. Pursuant to an agreement entered into under section 2967.29 of the Revised Code, a court of common pleas or parole board may impose sanctions or conditions on an offender who is placed on post-release control under this division.
(D)(1) Before the prisoner is released from imprisonment, the parole board or, pursuant to an agreement under section 2967.29 of the Revised Code, the court shall impose on a prisoner described in division (B) of this section, shall impose on a prisoner described in division (C) of this section who is to be released before the expiration of the prisoner's stated prison term under a risk reduction sentence, may impose on a prisoner described in division (C) of this section who is not to be released before the expiration of the prisoner's stated prison term under a risk reduction sentence, and shall impose on a prisoner described in division (B)(2)(b) of section 5120.031 or in division (B)(1) of section 5120.032 of the Revised Code, one or more post-release control sanctions to apply during the prisoner's period of post-release control. Whenever the board or court imposes one or more post-release control sanctions on a prisoner, the board or court, in addition to imposing the sanctions, also shall include as a condition of the post-release control that the offender not leave the state without permission of the court or the offender's parole or probation officer and that the offender abide by the law. The board or court may impose any other conditions of release under a post-release control sanction that the board or court considers appropriate, and the conditions of release may include any community residential sanction, community nonresidential sanction, or financial sanction that the sentencing court was authorized to impose pursuant to sections 2929.16, 2929.17, and 2929.18 of the Revised Code. Prior to the release of a prisoner for whom it will impose one or more post-release control sanctions under this division, the parole board or court shall review the prisoner's criminal history, results from the single validated risk assessment tool, and the record of the prisoner's conduct while imprisoned. The parole board or court shall consider any recommendation regarding post-release control sanctions for the prisoner made by the office of victims' services. After considering those materials, the board or court shall determine, for a prisoner described in division (B) of this section, division (B)(2)(b) of section 5120.031, or division (B)(1) of section 5120.032 of the Revised Code and for a prisoner described in division (C) of this section who is to be released before the expiration of the prisoner's stated prison term under a risk reduction sentence, which post-release control sanction or combination of post-release control sanctions is reasonable under the circumstances or, for a prisoner described in division (C) of this section who is not to be released before the expiration of the prisoner's stated prison term under a risk reduction sentence, whether a post-release control sanction is necessary and, if so, which post-release control sanction or combination of post-release control sanctions is reasonable under the circumstances. In the case of a prisoner convicted of a felony of the fourth or fifth degree other than a felony sex offense, the board or court shall presume that monitored time is the appropriate post-release control sanction unless the board or court determines that a more restrictive sanction is warranted. A post-release control sanction imposed under this division takes effect upon the prisoner's release from imprisonment.
Regardless of whether the prisoner was sentenced to the prison term prior to, on, or after July 11, 2006, prior to the release of a prisoner for whom it will impose one or more post-release control sanctions under this division, the parole board shall notify the prisoner that, if the prisoner violates any sanction so imposed or any condition of post-release control described in division (B) of section 2967.131 of the Revised Code that is imposed on the prisoner, the parole board may impose a prison term of up to one-half of the stated prison term originally imposed on the prisoner.
At least thirty days before the prisoner is released from imprisonment under post-release control, except as otherwise provided in this paragraph, the department of rehabilitation and correction shall notify the victim and the victim's immediate family of the date on which the prisoner will be released, the period for which the prisoner will be under post-release control supervision, and the terms and conditions of the prisoner's post-release control regardless of whether the victim or victim's immediate family has requested the notification. The notice described in this paragraph shall not be given to a victim or victim's immediate family if the victim or the victim's immediate family has requested pursuant to division (B)(2) of section 2930.03 of the Revised Code that the notice not be provided to the victim or the victim's immediate family. At least thirty days before the prisoner is released from imprisonment and regardless of whether the victim or victim's immediate family has requested that the notice described in this paragraph be provided or not be provided to the victim or the victim's immediate family, the department also shall provide notice of that nature to the prosecuting attorney in the case and the law enforcement agency that arrested the prisoner if any officer of that agency was a victim of the offense.
If
the notice given under the preceding paragraph to the victim or the
victim's immediate family is based on an offense committed prior to
March 22, 2013, and if the department of rehabilitation and
correction has not previously successfully provided any notice to the
victim or the victim's immediate family under division (B), (C), or
(D) of section 2930.16 of the Revised Code with respect to that
offense and the offender who committed it, the notice also shall
inform the victim or the victim's immediate family that the victim or
the victim's immediate family may request that the victim or the
victim's immediate family not be provided any further notices with
respect to that offense and the offender who committed it and shall
describe the procedure for making that request. The department may
give the notices to which the preceding paragraph applies by any
reasonable means, including regular mail, telephone, and electronic
mail. If the department attempts to provide notice to any specified
person under the preceding paragraph but the attempt is unsuccessful
because the department is unable to locate the specified person, is
unable to provide the notice by its chosen method because it cannot
determine the mailing address, electronic mail address, or telephone
number at which to provide the notice, or, if the notice is sent by
mail, the notice is returned, the department shall make another
attempt to provide the notice to the specified person. If the second
attempt is unsuccessful, the department shall make at least one more
attempt to provide the notice. If the notice is based on an offense
committed prior to March 22, 2013, in each attempt to provide the
notice to the victim or victim's immediate family, the notice shall
include the opt-out information described in this paragraph. The
department, in the manner described in division (D)(2) of section
2930.16 of the Revised Code, shall keep a record of all attempts to
provide the notice, and of all notices provided, under this paragraph
and the preceding paragraph. The record shall be considered as if it
was kept under division (D)(2) of section 2930.16 of the Revised
Code. This paragraph, the preceding paragraph, and the notice-related
provisions of divisions (E)(2) and (K) of section 2929.20, division
(D)(1) of section 2930.16, division (H) of section 2967.12, division
(E)(1)(b) of section 2967.19
as
it existed prior to the effective date of this amendment,
division (A)(3)(b)
(A)(2)(b)
of
section 2967.26, and division (A)(2) of section 5149.101 of the
Revised Code enacted in the act in which this paragraph and the
preceding paragraph were enacted, shall be known as "Roberta's
Law."
(2) If a prisoner who is placed on post-release control under this section is released before the expiration of the definite term that is the prisoner's stated prison term or the expiration of the minimum term that is part of the prisoner's indefinite prison term imposed under a non-life felony indefinite prison term by reason of credit earned under section 2967.193 or a reduction under division (F) of section 2967.271 of the Revised Code and if the prisoner earned sixty or more days of credit, the adult parole authority may supervise the offender with an active global positioning system device for the first fourteen days after the offender's release from imprisonment. This division does not prohibit or limit the imposition of any post-release control sanction otherwise authorized by this section.
(3) After a prisoner is released from imprisonment and during the period of post-release control applicable to the releasee, the adult parole authority or, pursuant to an agreement under section 2967.29 of the Revised Code, the court may review the releasee's behavior under the post-release control sanctions imposed upon the releasee under this section. The authority or court may determine, based upon the review and in accordance with the standards established under division (E) of this section, that the releasee has satisfactorily complied with the sanctions imposed, and if such a determination is made, the authority may recommend a less restrictive sanction, reduce the period of post-release control, or, no sooner than the minimum period of time required under section 2967.16 of the Revised Code, recommend that the parole board or court terminate the duration of the period of post-release control. In no case shall the board or court reduce the duration of the period of control imposed for a felony sex offense described in division (B)(1) of this section.
(4) The department of rehabilitation and correction shall develop factors that the parole board or court shall consider in determining under division (D)(3) of this section whether to terminate the period of control imposed on a releasee .
(E) The department of rehabilitation and correction, in accordance with Chapter 119. of the Revised Code, shall adopt rules that do all of the following:
(1) Establish standards for the imposition by the parole board of post-release control sanctions under this section that are consistent with the overriding purposes and sentencing principles set forth in section 2929.11 of the Revised Code and that are appropriate to the needs of releasees;
(2) Establish standards that provide for a period of post-release control of up to two years for all prisoners described in division (C) of this section who are to be released before the expiration of their stated prison term under a risk reduction sentence and standards by which the parole board can determine which prisoners described in division (C) of this section who are not to be released before the expiration of their stated prison term under a risk reduction sentence should be placed under a period of post-release control;
(3) Establish standards to be used by the parole board in reducing or terminating the duration of the period of post-release control imposed by the court when authorized under division (D) of this section, in imposing a more restrictive post-release control sanction than monitored time on a prisoner convicted of a felony of the fourth or fifth degree other than a felony sex offense, or in imposing a less restrictive control sanction on a releasee based on results from the single validated risk assessment tool and on the releasee's activities including, but not limited to, remaining free from criminal activity and from the abuse of alcohol or other drugs, successfully participating in approved rehabilitation programs, maintaining employment, and paying restitution to the victim or meeting the terms of other financial sanctions;
(4) Establish standards to be used by the adult parole authority in modifying a releasee's post-release control sanctions pursuant to division (D)(2) of this section;
(5) Establish standards to be used by the adult parole authority or parole board in imposing further sanctions under division (F) of this section on releasees who violate post-release control sanctions, including standards that do the following:
(a) Classify violations according to the degree of seriousness;
(b) Define the circumstances under which formal action by the parole board is warranted;
(c) Govern the use of evidence at violation hearings;
(d) Ensure procedural due process to an alleged violator;
(e) Prescribe nonresidential community control sanctions for most misdemeanor and technical violations;
(f) Provide procedures for the return of a releasee to imprisonment for violations of post-release control.
(F)(1) Whenever the parole board imposes one or more post-release control sanctions on an offender under this section, the offender upon release from imprisonment shall be under the general jurisdiction of the adult parole authority and generally shall be supervised by the field services section through its staff of parole and field officers as described in section 5149.04 of the Revised Code, as if the offender had been placed on parole. If the offender upon release from imprisonment violates the post-release control sanction or any conditions described in division (A) of section 2967.131 of the Revised Code that are imposed on the offender, the public or private person or entity that operates or administers the sanction or the program or activity that comprises the sanction shall report the violation directly to the adult parole authority or to the officer of the authority who supervises the offender. The authority's officers may treat the offender as if the offender were on parole and in violation of the parole, and otherwise shall comply with this section.
(2) If the adult parole authority or, pursuant to an agreement under section 2967.29 of the Revised Code, the court determines that a releasee has violated a post-release control sanction or any conditions described in division (A) of section 2967.131 of the Revised Code imposed on the releasee and that a more restrictive sanction is appropriate, the authority or court may impose a more restrictive sanction on the releasee, in accordance with the standards established under division (E) of this section or in accordance with the agreement made under section 2967.29 of the Revised Code, or may report the violation to the parole board for a hearing pursuant to division (F)(3) of this section. The authority or court may not, pursuant to this division, increase the duration of the releasee's post-release control or impose as a post-release control sanction a residential sanction that includes a prison term, but the authority or court may impose on the releasee any other residential sanction, nonresidential sanction, or financial sanction that the sentencing court was authorized to impose pursuant to sections 2929.16, 2929.17, and 2929.18 of the Revised Code.
(3) The parole board or, pursuant to an agreement under section 2967.29 of the Revised Code, the court may hold a hearing on any alleged violation by a releasee of a post-release control sanction or any conditions described in division (A) of section 2967.131 of the Revised Code that are imposed upon the releasee. If after the hearing the board or court finds that the releasee violated the sanction or condition, the board or court may increase the duration of the releasee's post-release control up to the maximum duration authorized by division (B) or (C) of this section or impose a more restrictive post-release control sanction. If a releasee was acting pursuant to division (B)(2)(b) of section 2925.11 of the Revised Code and in so doing violated the conditions of a post-release control sanction based on a minor drug possession offense as defined in that section, the board or the court may consider the releasee's conduct in seeking or obtaining medical assistance for another in good faith or for self or may consider the releasee being the subject of another person seeking or obtaining medical assistance in accordance with that division as a mitigating factor before imposing any of the penalties described in this division. When appropriate, the board or court may impose as a post-release control sanction a residential sanction that includes a prison term. The board or court shall consider a prison term as a post-release control sanction imposed for a violation of post-release control when the violation involves a deadly weapon or dangerous ordnance, physical harm or attempted serious physical harm to a person, or sexual misconduct. Unless a releasee's stated prison term was reduced pursuant to section 5120.032 of the Revised Code, the period of a prison term that is imposed as a post-release control sanction under this division shall not exceed nine months, and the maximum cumulative prison term for all violations under this division shall not exceed one-half of the definite prison term that was the stated prison term originally imposed on the offender as part of this sentence or, with respect to a stated non-life felony indefinite prison term, one-half of the minimum prison term that was imposed as part of that stated prison term originally imposed on the offender. If a releasee's stated prison term was reduced pursuant to section 5120.032 of the Revised Code, the period of a prison term that is imposed as a post-release control sanction under this division and the maximum cumulative prison term for all violations under this division shall not exceed the period of time not served in prison under the sentence imposed by the court. The period of a prison term that is imposed as a post-release control sanction under this division shall not count as, or be credited toward, the remaining period of post-release control. If, during the period of the releasee's post-release control, the releasee serves as a post-release control sanction the maximum prison time available as a sanction, the post-release control shall terminate.
If an offender is imprisoned for a felony committed while under post-release control supervision and is again released on post-release control for a period of time, the maximum cumulative prison term for all violations under this division shall not exceed one-half of the total stated prison terms of the earlier felony, reduced by any prison term administratively imposed by the parole board or court, plus one-half of the total stated prison term of the new felony.
(G)(1) If an offender is simultaneously subject to a period of parole under an indefinite or life sentence and a period of post-release control, or is simultaneously subject to two periods of post-release control, the period of supervision that expires last shall determine the length and form of supervision for all the periods and the related sentences.
(2) An offender shall receive credit for post-release control supervision during the period of parole, and shall not be eligible for final release under section 2967.16 of the Revised Code until the post-release control period otherwise would have ended.
(3) If the period of parole ends prior to the end of the period of post-release control, the requirements of parole supervision shall be satisfied during the post-release control period.
(H)(1) A period of post-release control shall not be imposed consecutively to any other post-release control period.
(2) The period of post-release control for a releasee who commits a felony while under post-release control for an earlier felony shall be the longer of the period of post-release control specified for the new felony under division (B) or (C) of this section or the time remaining under the period of post-release control imposed for the earlier felony as determined by the parole board or court.
Sec. 2971.01. As used in this chapter:
(A) "Mandatory prison term" has the same meaning as in section 2929.01 of the Revised Code.
(B) "Designated homicide, assault, or kidnapping offense" means any of the following:
(1) A violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the Revised Code or a violation of division (A) of section 2903.04 of the Revised Code;
(2) An attempt to commit or complicity in committing a violation listed in division (B)(1) of this section, if the attempt or complicity is a felony.
(C) "Examiner" has the same meaning as in section 2945.371 of the Revised Code.
(D) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
(E) "Prosecuting attorney" means the prosecuting attorney who prosecuted the case of the offender in question or the successor in office to that prosecuting attorney.
(F) "Sexually oriented offense" and "child-victim oriented offense" have the same meanings as in section 2950.01 of the Revised Code.
(G) "Sexually violent offense" means any of the following:
(1) A violent sex offense;
(2) A designated homicide, assault, or kidnapping offense that the offender commits with a sexual motivation.
(H)(1) "Sexually violent predator" means a person who, on or after January 1, 1997, commits a sexually violent offense and is likely to engage in the future in one or more sexually violent offenses.
(2) For purposes of division (H)(1) of this section, any of the following factors may be considered as evidence tending to indicate that there is a likelihood that the person will engage in the future in one or more sexually violent offenses:
(a) The person has been convicted two or more times, in separate criminal actions, of a sexually oriented offense or a child-victim oriented offense. For purposes of this division, convictions that result from or are connected with the same act or result from offenses committed at the same time are one conviction, and a conviction set aside pursuant to law is not a conviction.
(b) The person has a documented history from childhood, into the juvenile developmental years, that exhibits sexually deviant behavior.
(c) Available information or evidence suggests that the person chronically commits offenses with a sexual motivation.
(d) The person has committed one or more offenses in which the person has tortured or engaged in ritualistic acts with one or more victims.
(e) The person has committed one or more offenses in which one or more victims were physically harmed to the degree that the particular victim's life was in jeopardy.
(f) Any other relevant evidence.
(I) "Sexually violent predator specification" means a specification, as described in section 2941.148 of the Revised Code, that charges that a person charged with a violent sex offense, or a person charged with a designated homicide, assault, or kidnapping offense and a sexual motivation specification, is a sexually violent predator.
(J) "Sexual motivation" means a purpose to gratify the sexual needs or desires of the offender.
(K) "Sexual motivation specification" means a specification, as described in section 2941.147 of the Revised Code, that charges that a person charged with a designated homicide, assault, or kidnapping offense committed the offense with a sexual motivation.
(L) "Violent sex offense" means any of the following:
(1) A violation of section 2907.011, 2907.02, 2907.03, or 2907.12 or of division (A)(4) or (B) of section 2907.05 of the Revised Code;
(2) A felony violation of a former law of this state that is substantially equivalent to a violation listed in division (L)(1) of this section or of an existing or former law of the United States or of another state that is substantially equivalent to a violation listed in division (L)(1) of this section;
(3) An attempt to commit or complicity in committing a violation listed in division (L)(1) or (2) of this section if the attempt or complicity is a felony.
Sec. 3109.50. As used in sections 3109.501 to 3109.507 of the Revised Code:
(A) "Parental rights" means parental rights and responsibilities, parenting time, or any other similar right established by the laws of this state with respect to a child. "Parental rights" does not include the parental duty of support for a child.
(B) "Rape" means a violation of section 2907.011 or 2907.02 of the Revised Code or similar law of another state.
(C) "Sexual battery" means a violation of section 2907.03 of the Revised Code or similar law of another state.
Sec. 3111.04. (A)(1) Except as provided in division (A)(2) of this section, an action to determine the existence or nonexistence of the father and child relationship may be brought by the child or the child's personal representative, the child's mother or her personal representative, a man alleged or alleging himself to be the child's father, the child support enforcement agency of the county in which the child resides if the child's mother, father, or alleged father is a recipient of public assistance or of services under Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the alleged father's personal representative.
(2) A man alleged or alleging himself to be the child's father is not eligible to file an action under division (A)(1) of this section if the man was convicted of or pleaded guilty to rape or sexual battery, the victim of the rape or sexual battery was the child's mother, and the child was conceived as a result of the rape or sexual battery.
(B) An agreement does not bar an action under this section.
(C) If an action under this section is brought before the birth of the child and if the action is contested, all proceedings, except service of process and the taking of depositions to perpetuate testimony, may be stayed until after the birth.
(D) A recipient of public assistance or of services under Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, shall cooperate with the child support enforcement agency of the county in which a child resides to obtain an administrative determination pursuant to sections 3111.38 to 3111.54 of the Revised Code, or, if necessary, a court determination pursuant to sections 3111.01 to 3111.18 of the Revised Code, of the existence or nonexistence of a parent and child relationship between the father and the child. If the recipient fails to cooperate, the agency may commence an action to determine the existence or nonexistence of a parent and child relationship between the father and the child pursuant to sections 3111.01 to 3111.18 of the Revised Code.
(E) As used in this section:
(1) "Public assistance" means both of the following:
(a) Medicaid;
(b) Ohio works first under Chapter 5107. of the Revised Code.
(2) "Rape" means a violation of section 2907.011 or 2907.02 of the Revised Code or similar law of another state.
(3) "Sexual battery" means a violation of section 2907.03 of the Revised Code or similar law of another state.
Sec. 3301.32. (A)(1) The chief administrator of any head start agency shall request the superintendent of the bureau of criminal identification and investigation to conduct a criminal records check with respect to any applicant who has applied to the head start agency for employment as a person responsible for the care, custody, or control of a child. If the applicant does not present proof that the applicant has been a resident of this state for the five-year period immediately prior to the date upon which the criminal records check is requested or does not provide evidence that within that five-year period the superintendent has requested information about the applicant from the federal bureau of investigation in a criminal records check, the chief administrator shall request that the superintendent obtain information from the federal bureau of investigation as a part of the criminal records check for the applicant. If the applicant presents proof that the applicant has been a resident of this state for that five-year period, the chief administrator may request that the superintendent include information from the federal bureau of investigation in the criminal records check.
(2) Any person required by division (A)(1) of this section to request a criminal records check shall provide to each applicant a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code, provide to each applicant a standard impression sheet to obtain fingerprint impressions prescribed pursuant to division (C)(2) of section 109.572 of the Revised Code, obtain the completed form and impression sheet from each applicant, and forward the completed form and impression sheet to the superintendent of the bureau of criminal identification and investigation at the time the chief administrator requests a criminal records check pursuant to division (A)(1) of this section.
(3) Any applicant who receives pursuant to division (A)(2) of this section a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a copy of an impression sheet prescribed pursuant to division (C)(2) of that section and who is requested to complete the form and provide a set of fingerprint impressions shall complete the form or provide all the information necessary to complete the form and shall provide the impression sheets with the impressions of the applicant's fingerprints. If an applicant, upon request, fails to provide the information necessary to complete the form or fails to provide impressions of the applicant's fingerprints, the head start agency shall not employ that applicant for any position for which a criminal records check is required by division (A)(1) of this section.
(B)(1) Except as provided in rules adopted by the director of job and family services in accordance with division (E) of this section, no head start agency shall employ a person as a person responsible for the care, custody, or control of a child if the person previously has been convicted of or pleaded guilty to any of the following:
(a)
A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,
2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02,
2905.05, 2907.011,
2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.03,
2911.04, 2919.12,
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,
2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed prior
to July 1, 1996, a violation of section 2919.23 of the Revised Code
that would have been a violation of section 2905.04 of the Revised
Code as it existed prior to July 1, 1996, had the violation occurred
prior to that date, a violation of section 2925.11 of the Revised
Code that is not a minor drug possession offense, or felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code;
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses or violations described in division (B)(1)(a) of this section.
(2) A head start agency may employ an applicant conditionally until the criminal records check required by this section is completed and the agency receives the results of the criminal records check. If the results of the criminal records check indicate that, pursuant to division (B)(1) of this section, the applicant does not qualify for employment, the agency shall release the applicant from employment.
(C)(1) Each head start agency shall pay to the bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check conducted in accordance with that section upon the request pursuant to division (A)(1) of this section of the chief administrator of the head start agency.
(2) A head start agency may charge an applicant a fee for the costs it incurs in obtaining a criminal records check under this section. A fee charged under this division shall not exceed the amount of fees the agency pays under division (C)(1) of this section. If a fee is charged under this division, the agency shall notify the applicant at the time of the applicant's initial application for employment of the amount of the fee and that, unless the fee is paid, the head start agency will not consider the applicant for employment.
(D) The report of any criminal records check conducted by the bureau of criminal identification and investigation in accordance with section 109.572 of the Revised Code and pursuant to a request made under division (A)(1) of this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the applicant who is the subject of the criminal records check or the applicant's representative, the head start agency requesting the criminal records check or its representative, and any court, hearing officer, or other necessary individual involved in a case dealing with the denial of employment to the applicant.
(E) The director of job and family services shall adopt rules pursuant to Chapter 119. of the Revised Code to implement this section, including rules specifying circumstances under which a head start agency may hire a person who has been convicted of an offense listed in division (B)(1) of this section but who meets standards in regard to rehabilitation set by the director.
(F) Any person required by division (A)(1) of this section to request a criminal records check shall inform each person, at the time of the person's initial application for employment, that the person is required to provide a set of impressions of the person's fingerprints and that a criminal records check is required to be conducted and satisfactorily completed in accordance with section 109.572 of the Revised Code if the person comes under final consideration for appointment or employment as a precondition to employment for that position.
(G) As used in this section:
(1) "Applicant" means a person who is under final consideration for appointment or employment in a position with a head start agency as a person responsible for the care, custody, or control of a child.
(2) "Head start agency" means an entity in this state that has been approved to be an agency for purposes of the "Head Start Act," 95 State 489 (1981), 42 U.S.C. 9831, as amended.
(3) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code.
(4) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.
Sec. 3301.541. (A)(1) The director, head teacher, elementary principal, or site administrator of a preschool program shall request the superintendent of the bureau of criminal identification and investigation to conduct a criminal records check with respect to any applicant who has applied to the preschool program for employment as a person responsible for the care, custody, or control of a child. If the applicant does not present proof that the applicant has been a resident of this state for the five-year period immediately prior to the date upon which the criminal records check is requested or does not provide evidence that within that five-year period the superintendent has requested information about the applicant from the federal bureau of investigation in a criminal records check, the director, head teacher, or elementary principal shall request that the superintendent obtain information from the federal bureau of investigation as a part of the criminal records check for the applicant. If the applicant presents proof that the applicant has been a resident of this state for that five-year period, the director, head teacher, or elementary principal may request that the superintendent include information from the federal bureau of investigation in the criminal records check.
(2) Any director, head teacher, elementary principal, or site administrator required by division (A)(1) of this section to request a criminal records check shall provide to each applicant a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code, provide to each applicant a standard impression sheet to obtain fingerprint impressions prescribed pursuant to division (C)(2) of section 109.572 of the Revised Code, obtain the completed form and impression sheet from each applicant, and forward the completed form and impression sheet to the superintendent of the bureau of criminal identification and investigation at the time the person requests a criminal records check pursuant to division (A)(1) of this section.
(3) Any applicant who receives pursuant to division (A)(2) of this section a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a copy of an impression sheet prescribed pursuant to division (C)(2) of that section and who is requested to complete the form and provide a set of fingerprint impressions shall complete the form or provide all the information necessary to complete the form and provide the impression sheet with the impressions of the applicant's fingerprints. If an applicant, upon request, fails to provide the information necessary to complete the form or fails to provide impressions of the applicant's fingerprints, the preschool program shall not employ that applicant for any position for which a criminal records check is required by division (A)(1) of this section.
(B)(1) Except as provided in rules adopted by the department of education in accordance with division (E) of this section, no preschool program shall employ a person as a person responsible for the care, custody, or control of a child if the person previously has been convicted of or pleaded guilty to any of the following:
(a)
A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,
2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02,
2905.05, 2907.011,
2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.03,
2911.04, 2919.12,
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,
2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed prior
to July 1, 1996, a violation of section 2919.23 of the Revised Code
that would have been a violation of section 2905.04 of the Revised
Code as it existed prior to July 1, 1996, had the violation occurred
prior to that date, a violation of section 2925.11 of the Revised
Code that is not a minor drug possession offense, or felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code;
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses or violations described in division (B)(1)(a) of this section.
(2) A preschool program may employ an applicant conditionally until the criminal records check required by this section is completed and the preschool program receives the results of the criminal records check. If the results of the criminal records check indicate that, pursuant to division (B)(1) of this section, the applicant does not qualify for employment, the preschool program shall release the applicant from employment.
(C)(1) Each preschool program shall pay to the bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check conducted in accordance with that section upon the request pursuant to division (A)(1) of this section of the director, head teacher, elementary principal, or site administrator of the preschool program.
(2) A preschool program may charge an applicant a fee for the costs it incurs in obtaining a criminal records check under this section. A fee charged under this division shall not exceed the amount of fees the preschool program pays under division (C)(1) of this section. If a fee is charged under this division, the preschool program shall notify the applicant at the time of the applicant's initial application for employment of the amount of the fee and that, unless the fee is paid, the applicant will not be considered for employment.
(D) The report of any criminal records check conducted by the bureau of criminal identification and investigation in accordance with section 109.572 of the Revised Code and pursuant to a request under division (A)(1) of this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the applicant who is the subject of the criminal records check or the applicant's representative, the preschool program requesting the criminal records check or its representative, and any court, hearing officer, or other necessary individual in a case dealing with the denial of employment to the applicant.
(E) The department of education shall adopt rules pursuant to Chapter 119. of the Revised Code to implement this section, including rules specifying circumstances under which a preschool program may hire a person who has been convicted of an offense listed in division (B)(1) of this section but who meets standards in regard to rehabilitation set by the department.
(F) Any person required by division (A)(1) of this section to request a criminal records check shall inform each person, at the time of the person's initial application for employment, that the person is required to provide a set of impressions of the person's fingerprints and that a criminal records check is required to be conducted and satisfactorily completed in accordance with section 109.572 of the Revised Code if the person comes under final consideration for appointment or employment as a precondition to employment for that position.
(G) As used in this section:
(1) "Applicant" means a person who is under final consideration for appointment or employment in a position with a preschool program as a person responsible for the care, custody, or control of a child, except that "applicant" does not include a person already employed by a board of education, community school, or chartered nonpublic school in a position of care, custody, or control of a child who is under consideration for a different position with such board or school.
(2) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code.
(3) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.
(H) If the board of education of a local school district adopts a resolution requesting the assistance of the educational service center in which the local district has territory in conducting criminal records checks of substitute teachers under this section, the appointing or hiring officer of such educational service center governing board shall serve for purposes of this section as the appointing or hiring officer of the local board in the case of hiring substitute teachers for employment in the local district.
Sec. 3305.09. (A) Any payment that is to be made under a contract entered into for purposes of funding an employee's alternative retirement plan benefit shall be subject to any withholding order issued pursuant to section 2907.15 of the Revised Code or division (C)(2)(b) of section 2921.41 of the Revised Code. The provider of the contract shall comply with that withholding order in making the payment.
(B) If the provider receives notice pursuant to section 2907.15 of the Revised Code or division (D) of section 2921.41 of the Revised Code that the electing employee is charged with a violation of section 2907.011, 2907.02, 2907.03, 2907.04, 2907.05, or 2921.41 of the Revised Code, no payment shall be made under the contract prior to whichever of the following is applicable:
(1) If the person is convicted of or pleads guilty to the charge and no motion for a withholding order for purposes of restitution has been filed under section 2907.15 of the Revised Code or division (C)(2)(b)(i) of section 2921.41 of the Revised Code, thirty days after the date on which final disposition of the charge is made;
(2) If the person is convicted of or pleads guilty to the charge and a motion for a withholding order for purposes of restitution has been filed under section 2907.15 of the Revised Code or division (C)(2)(b)(i) of section 2921.41 of the Revised Code, the date on which the court decides the motion;
(3) If the charge is dismissed or the person is found not guilty of the charge or not guilty of the charge by reason of insanity, the date on which final disposition of the charge is made.
Sec. 3309.67. (A) Notwithstanding any other provision of this chapter, any payment that is to be made under a pension, annuity, allowance, or other type of benefit, other than a survivorship benefit, that has been granted to a person under this chapter, any payment of accumulated contributions standing to a person's credit under this chapter, and any payment of any other amounts to be paid to a person under this chapter upon the person's withdrawal of contributions pursuant to this chapter shall be subject to any withholding order issued pursuant to section 2907.15 of the Revised Code or division (C)(2)(b) of section 2921.41 of the Revised Code, and the school employees retirement board shall comply with that withholding order in making the payment.
(B) Notwithstanding any other provision of this chapter, if the board receives notice pursuant to section 2907.15 of the Revised Code or division (D) of section 2921.41 of the Revised Code that a person who has accumulated contributions standing to the person's credit pursuant to this chapter is charged with a violation of section 2907.011, 2907.02, 2907.03, 2907.04, 2907.05, or 2921.41 of the Revised Code, no payment of those accumulated contributions, of any other amounts to be paid under this chapter upon the person's withdrawal of contributions pursuant to this chapter, or of any amount to be paid to a contributor as a lump sum or single payment under section 3309.341 of the Revised Code, shall be made prior to whichever of the following is applicable:
(1) If the person is convicted of or pleads guilty to the charge and no motion for a withholding order for purposes of restitution has been filed under section 2907.15 of the Revised Code or division (C)(2)(b)(i) of section 2921.41 of the Revised Code, thirty days after the day on which final disposition of the charge is made;
(2) If the person is convicted of or pleads guilty to the charge and a motion for a withholding order for purposes of restitution has been filed under section 2907.15 of the Revised Code or division (C)(2)(b)(i) of section 2921.41 of the Revised Code, the day on which the court decides the motion;
(3) If the charge is dismissed or the person is found not guilty or not guilty by reason of insanity of the charge, the day on which final disposition of the charge is made.
Sec. 3313.662. (A) The superintendent of public instruction, pursuant to this section and the adjudication procedures of section 3301.121 of the Revised Code, may issue an adjudication order that permanently excludes a pupil from attending any of the public schools of this state if the pupil is convicted of, or adjudicated a delinquent child for, committing, when the pupil was sixteen years of age or older, an act that would be a criminal offense if committed by an adult and if the act is any of the following:
(1) A violation of section 2923.122 of the Revised Code;
(2) A violation of section 2923.12 of the Revised Code, of a substantially similar municipal ordinance, or of section 2925.03 of the Revised Code that was committed on property owned or controlled by, or at an activity held under the auspices of, a board of education of a city, local, exempted village, or joint vocational school district;
(3) A violation of section 2925.11 of the Revised Code, other than a violation of that section that would be a minor drug possession offense, that was committed on property owned or controlled by, or at an activity held under the auspices of, the board of education of a city, local, exempted village, or joint vocational school district;
(4) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2907.011, 2907.02, or 2907.05 or of former section 2907.12 of the Revised Code that was committed on property owned or controlled by, or at an activity held under the auspices of, a board of education of a city, local, exempted village, or joint vocational school district, if the victim at the time of the commission of the act was an employee of that board of education;
(5) Complicity in any violation described in division (A)(1), (2), (3), or (4) of this section that was alleged to have been committed in the manner described in division (A)(1), (2), (3), or (4) of this section, regardless of whether the act of complicity was committed on property owned or controlled by, or at an activity held under the auspices of, a board of education of a city, local, exempted village, or joint vocational school district.
(B) A pupil may be suspended or expelled in accordance with section 3313.66 of the Revised Code prior to being permanently excluded from public school attendance under this section and section 3301.121 of the Revised Code.
(C)(1) If the superintendent of a city, local, exempted village, or joint vocational school district in which a pupil attends school obtains or receives proof that the pupil has been convicted of committing when the pupil was sixteen years of age or older a violation listed in division (A) of this section or adjudicated a delinquent child for the commission when the pupil was sixteen years of age or older of a violation listed in division (A) of this section, the superintendent may issue to the board of education of the school district a request that the pupil be permanently excluded from public school attendance, if both of the following apply:
(a) After obtaining or receiving proof of the conviction or adjudication, the superintendent or the superintendent's designee determines that the pupil's continued attendance in school may endanger the health and safety of other pupils or school employees and gives the pupil and the pupil's parent, guardian, or custodian written notice that the superintendent intends to recommend to the board of education that the board adopt a resolution requesting the superintendent of public instruction to permanently exclude the pupil from public school attendance.
(b) The superintendent or the superintendent's designee forwards to the board of education the superintendent's written recommendation that includes the determinations the superintendent or designee made pursuant to division (C)(1)(a) of this section and a copy of the proof the superintendent received showing that the pupil has been convicted of or adjudicated a delinquent child for a violation listed in division (A) of this section that was committed when the pupil was sixteen years of age or older.
(2) Within fourteen days after receipt of a recommendation from the superintendent pursuant to division (C)(1)(b) of this section that a pupil be permanently excluded from public school attendance, the board of education of a city, local, exempted village, or joint vocational school district, after review and consideration of all of the following available information, may adopt a resolution requesting the superintendent of public instruction to permanently exclude the pupil who is the subject of the recommendation from public school attendance:
(a) The academic record of the pupil and a record of any extracurricular activities in which the pupil previously was involved;
(b) The disciplinary record of the pupil and any available records of the pupil's prior behavioral problems other than the behavioral problems contained in the disciplinary record;
(c) The social history of the pupil;
(d) The pupil's response to the imposition of prior discipline and sanctions imposed for behavioral problems;
(e) Evidence regarding the seriousness of and any aggravating factors related to the offense that is the basis of the resolution seeking permanent exclusion;
(f) Any mitigating circumstances surrounding the offense that gave rise to the request for permanent exclusion;
(g) Evidence regarding the probable danger posed to the health and safety of other pupils or of school employees by the continued presence of the pupil in a public school setting;
(h) Evidence regarding the probable disruption of the teaching of any school district's graded course of study by the continued presence of the pupil in a public school setting;
(i) Evidence regarding the availability of alternative sanctions of a less serious nature than permanent exclusion that would enable the pupil to remain in a public school setting without posing a significant danger to the health and safety of other pupils or of school employees and without posing a threat of the disruption of the teaching of any district's graded course of study.
(3) If the board does not adopt a resolution requesting the superintendent of public instruction to permanently exclude the pupil, it immediately shall send written notice of that fact to the superintendent who sought the resolution, to the pupil who was the subject of the proposed resolution, and to that pupil's parent, guardian, or custodian.
(D)(1) Upon adoption of a resolution under division (C) of this section, the board of education immediately shall forward to the superintendent of public instruction the written resolution, proof of the conviction or adjudication that is the basis of the resolution, a copy of the pupil's entire school record, and any other relevant information and shall forward a copy of the resolution to the pupil who is the subject of the recommendation and to that pupil's parent, guardian, or custodian.
(2) The board of education that adopted and forwarded the resolution requesting the permanent exclusion of the pupil to the superintendent of public instruction promptly shall designate a representative of the school district to present the case for permanent exclusion to the superintendent or the referee appointed by the superintendent. The representative of the school district may be an attorney admitted to the practice of law in this state. At the adjudication hearing held pursuant to section 3301.121 of the Revised Code, the representative of the school district shall present evidence in support of the requested permanent exclusion.
(3) Upon receipt of a board of education's resolution requesting the permanent exclusion of a pupil from public school attendance, the superintendent of public instruction, in accordance with the adjudication procedures of section 3301.121 of the Revised Code, promptly shall issue an adjudication order that either permanently excludes the pupil from attending any of the public schools of this state or that rejects the resolution of the board of education.
(E) Notwithstanding any provision of section 3313.64 of the Revised Code or an order of any court of this state that otherwise requires the admission of the pupil to a school, no school official in a city, local, exempted village, or joint vocational school district knowingly shall admit to any school in the school district a pupil who has been permanently excluded from public school attendance by the superintendent of public instruction.
(F)(1)(a) Upon determining that the school attendance of a pupil who has been permanently excluded from public school attendance no longer will endanger the health and safety of other students or school employees, the superintendent of any city, local, exempted village, or joint vocational school district in which the pupil desires to attend school may issue to the board of education of the school district a recommendation, including the reasons for the recommendation, that the permanent exclusion of a pupil be revoked and the pupil be allowed to return to the public schools of the state.
If any violation which in whole or in part gave rise to the permanent exclusion of any pupil involved the pupil's bringing a firearm to a school operated by the board of education of a school district or onto any other property owned or operated by such a board, no superintendent shall recommend under this division an effective date for the revocation of the pupil's permanent exclusion that is less than one year after the date on which the last such firearm incident occurred. However, on a case-by-case basis, a superintendent may recommend an earlier effective date for such a revocation for any of the reasons for which the superintendent may reduce the one-year expulsion requirement in division (B)(2) of section 3313.66 of the Revised Code.
(b) Upon receipt of the recommendation of the superintendent that a permanent exclusion of a pupil be revoked, the board of education of a city, local, exempted village, or joint vocational school district may adopt a resolution by a majority vote of its members requesting the superintendent of public instruction to revoke the permanent exclusion of the pupil. Upon adoption of the resolution, the board of education shall forward a copy of the resolution, the reasons for the resolution, and any other relevant information to the superintendent of public instruction.
(c) Upon receipt of a resolution of a board of education requesting the revocation of a permanent exclusion of a pupil, the superintendent of public instruction, in accordance with the adjudication procedures of Chapter 119. of the Revised Code, shall issue an adjudication order that revokes the permanent exclusion of the pupil from public school attendance or that rejects the resolution of the board of education.
(2)(a) A pupil who has been permanently excluded pursuant to this section and section 3301.121 of the Revised Code may request the superintendent of any city, local, exempted village, or joint vocational school district in which the pupil desires to attend school to admit the pupil on a probationary basis for a period not to exceed ninety school days. Upon receiving the request, the superintendent may enter into discussions with the pupil and with the pupil's parent, guardian, or custodian or a person designated by the pupil's parent, guardian, or custodian to develop a probationary admission plan designed to assist the pupil's probationary admission to the school. The plan may include a treatment program, a behavioral modification program, or any other program reasonably designed to meet the educational needs of the child and the disciplinary requirements of the school.
If any violation which in whole or in part gave rise to the permanent exclusion of the pupil involved the pupil's bringing a firearm to a school operated by the board of education of any school district or onto any other property owned or operated by such a board, no plan developed under this division for the pupil shall include an effective date for the probationary admission of the pupil that is less than one year after the date on which the last such firearm incident occurred except that on a case-by-case basis, a plan may include an earlier effective date for such an admission for any of the reasons for which the superintendent of the district may reduce the one-year expulsion requirement in division (B)(2) of section 3313.66 of the Revised Code.
(b) If the superintendent of a school district, a pupil, and the pupil's parent, guardian, or custodian or a person designated by the pupil's parent, guardian, or custodian agree upon a probationary admission plan prepared pursuant to division (F)(2)(a) of this section, the superintendent of the school district shall issue to the board of education of the school district a recommendation that the pupil be allowed to attend school within the school district under probationary admission, the reasons for the recommendation, and a copy of the agreed upon probationary admission plan. Within fourteen days after the board of education receives the recommendation, reasons, and plan, the board may adopt the recommendation by a majority vote of its members. If the board adopts the recommendation, the pupil may attend school under probationary admission within that school district for a period not to exceed ninety days or any additional probationary period permitted under divisions (F)(2)(d) and (e) of this section in accordance with the probationary admission plan prepared pursuant to division (F)(2)(a) of this section.
(c) If a pupil who is permitted to attend school under probationary admission pursuant to division (F)(2)(b) of this section fails to comply with the probationary admission plan prepared pursuant to division (F)(2)(a) of this section, the superintendent of the school district immediately may remove the pupil from the school and issue to the board of education of the school district a recommendation that the probationary admission be revoked. Within five days after the board of education receives the recommendation, the board may adopt the recommendation to revoke the pupil's probationary admission by a majority vote of its members. If a majority of the board does not adopt the recommendation to revoke the pupil's probationary admission, the pupil shall continue to attend school in compliance with the pupil's probationary admission plan.
(d) If a pupil who is permitted to attend school under probationary admission pursuant to division (F)(2)(b) of this section complies with the probationary admission plan prepared pursuant to division (F)(2)(a) of this section, the pupil or the pupil's parent, guardian, or custodian, at any time before the expiration of the ninety-day probationary admission period, may request the superintendent of the school district to extend the terms and period of the pupil's probationary admission for a period not to exceed ninety days or to issue a recommendation pursuant to division (F)(1) of this section that the pupil's permanent exclusion be revoked and the pupil be allowed to return to the public schools of this state.
(e) If a pupil is granted an extension of the pupil's probationary admission pursuant to division (F)(2)(d) of this section, the pupil or the pupil's parent, guardian, or custodian, in the manner described in that division, may request, and the superintendent and board, in the manner described in that division, may recommend and grant, subsequent probationary admission periods not to exceed ninety days each. If a pupil who is permitted to attend school under an extension of a probationary admission plan complies with the probationary admission plan prepared pursuant to the extension, the pupil or the pupil's parent, guardian, or custodian may request a revocation of the pupil's permanent exclusion in the manner described in division (F)(2)(d) of this section.
(f) Any extension of a probationary admission requested by a pupil or a pupil's parent, guardian, or custodian pursuant to divisions (F)(2)(d) or (e) of this section shall be subject to the adoption and approval of a probationary admission plan in the manner described in divisions (F)(2)(a) and (b) of this section and may be terminated as provided in division (F)(2)(c) of this section.
(g) If the pupil has complied with any probationary admission plan and the superintendent issues a recommendation that seeks revocation of the pupil's permanent exclusion pursuant to division (F)(1) of this section, the pupil's compliance with any probationary admission plan may be considered along with other relevant factors in any determination or adjudication conducted pursuant to division (F)(1) of this section.
(G)(1) Except as provided in division (G)(2) of this section, any information regarding the permanent exclusion of a pupil shall be included in the pupil's official records and shall be included in any records sent to any school district that requests the pupil's records.
(2) When a pupil who has been permanently excluded from public school attendance reaches the age of twenty-two or when the permanent exclusion of a pupil has been revoked, all school districts that maintain records regarding the pupil's permanent exclusion shall remove all references to the exclusion from the pupil's file and shall destroy them.
A pupil who has reached the age of twenty-two or whose permanent exclusion has been revoked may send a written notice to the superintendent of any school district maintaining records of the pupil's permanent exclusion requesting the superintendent to ensure that the records are removed from the pupil's file and destroyed. Upon receipt of the request and a determination that the pupil is twenty-two years of age or older or that the pupil's permanent exclusion has been revoked, the superintendent shall ensure that the records are removed from the pupil's file and destroyed.
(H)(1) This section does not apply to any of the following:
(a) An institution that is a residential facility, that receives and cares for children, that is maintained by the department of youth services, and that operates a school chartered by the state board of education under section 3301.16 of the Revised Code;
(b) Any on-premises school operated by an out-of-home care entity, other than a school district, that is chartered by the state board of education under section 3301.16 of the Revised Code;
(c) Any school operated in connection with an out-of-home care entity or a nonresidential youth treatment program that enters into a contract or agreement with a school district for the provision of educational services in a setting other than a setting that is a building or structure owned or controlled by the board of education of the school district during normal school hours.
(2) This section does not prohibit any person who has been permanently excluded pursuant to this section and section 3301.121 of the Revised Code from seeking a certificate of high school equivalence. A person who has been permanently excluded may be permitted to participate in a course of study in preparation for a high school equivalency test approved by the department of education pursuant to division (B) of section 3301.80 of the Revised Code, except that the person shall not participate during normal school hours in that course of study in any building or structure owned or controlled by the board of education of a school district.
(3) This section does not relieve any school district from any requirement under section 2151.362 or 3313.64 of the Revised Code to pay for the cost of educating any child who has been permanently excluded pursuant to this section and section 3301.121 of the Revised Code.
(I) As used in this section:
(1) "Permanently exclude" means to forever prohibit an individual from attending any public school in this state that is operated by a city, local, exempted village, or joint vocational school district.
(2) "Permanent exclusion" means the prohibition of a pupil forever from attending any public school in this state that is operated by a city, local, exempted village, or joint vocational school district.
(3) "Out-of-home care" has the same meaning as in section 2151.011 of the Revised Code.
(4) "Certificate of high school equivalence" has the same meaning as in section 4109.06 of the Revised Code.
(5) "Nonresidential youth treatment program" means a program designed to provide services to persons under the age of eighteen in a setting that does not regularly provide long-term overnight care, including settlement houses, diversion and prevention programs, run-away centers, and alternative education programs.
(6) "Firearm" has the same meaning as provided pursuant to the "Gun-Free Schools Act of 1994," 108 Stat. 270, 20 U.S.C. 8001(a)(2).
(7) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.
Sec. 3319.31. (A) As used in this section and sections 3123.41 to 3123.50 and 3319.311 of the Revised Code, "license" means a certificate, license, or permit described in this chapter or in division (B) of section 3301.071 or in section 3301.074 of the Revised Code.
(B) For any of the following reasons, the state board of education, in accordance with Chapter 119. and section 3319.311 of the Revised Code, may refuse to issue a license to an applicant; may limit a license it issues to an applicant; may suspend, revoke, or limit a license that has been issued to any person; or may revoke a license that has been issued to any person and has expired:
(1) Engaging in an immoral act, incompetence, negligence, or conduct that is unbecoming to the applicant's or person's position;
(2) A plea of guilty to, a finding of guilt by a jury or court of, or a conviction of any of the following:
(a) A felony other than a felony listed in division (C) of this section;
(b) An offense of violence other than an offense of violence listed in division (C) of this section;
(c) A theft offense, as defined in section 2913.01 of the Revised Code, other than a theft offense listed in division (C) of this section;
(d) A drug abuse offense, as defined in section 2925.01 of the Revised Code, that is not a minor misdemeanor, other than a drug abuse offense listed in division (C) of this section;
(e) A violation of an ordinance of a municipal corporation that is substantively comparable to an offense listed in divisions (B)(2)(a) to (d) of this section.
(3) A judicial finding of eligibility for intervention in lieu of conviction under section 2951.041 of the Revised Code, or agreeing to participate in a pre-trial diversion program under section 2935.36 of the Revised Code, or a similar diversion program under rules of a court, for any offense listed in division (B)(2) or (C) of this section;
(4) Failure to comply with section 3314.40, 3319.313, 3326.24, 3328.19, 5126.253, or 5502.262 of the Revised Code.
(C) Upon learning of a plea of guilty to, a finding of guilt by a jury or court of, or a conviction of any of the offenses listed in this division by a person who holds a current or expired license or is an applicant for a license or renewal of a license, the state board or the superintendent of public instruction, if the state board has delegated the duty pursuant to division (D) of this section, shall by a written order revoke the person's license or deny issuance or renewal of the license to the person. The state board or the superintendent shall revoke a license that has been issued to a person to whom this division applies and has expired in the same manner as a license that has not expired.
Revocation of a license or denial of issuance or renewal of a license under this division is effective immediately at the time and date that the board or superintendent issues the written order and is not subject to appeal in accordance with Chapter 119. of the Revised Code. Revocation of a license or denial of issuance or renewal of license under this division remains in force during the pendency of an appeal by the person of the plea of guilty, finding of guilt, or conviction that is the basis of the action taken under this division.
The
state board or superintendent shall take the action required by this
division for a violation of division (B)(1), (2), (3), or (4) of
section 2919.22 of the Revised Code; a violation of section 2903.01,
2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.15,
2905.01, 2905.02, 2905.05, 2905.11, 2905.32, 2907.011,
2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.21, 2907.22,
2907.23, 2907.24, 2907.241, 2907.25, 2907.31, 2907.311, 2907.32,
2907.321, 2907.322, 2907.323, 2907.33, 2907.34, 2909.02, 2909.22,
2909.23, 2909.24, 2909.29,
2911.01,
2911.02, 2911.11,
2911.12, 2913.44, 2911.03,
2911.04, 2917.01,
2917.02, 2917.03, 2917.31,
2917.33,
2919.12, 2919.121, 2919.13, 2921.02, 2921.03, 2921.04,
2921.05,
2921.11, 2921.34, 2921.41, 2923.122, 2923.123, 2923.161, 2923.17,
2923.21, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06,
2925.13, 2925.22, 2925.23, 2925.24, 2925.32, 2925.36, 2925.37,
2927.24,
or
3716.11 of the Revised Code; a
violation of division (A) or (C) of section 2917.31 of the Revised
Code; a
violation of section 2905.04 of the Revised Code as it existed prior
to July 1, 1996; a violation of section 2919.23 of the Revised Code
that would have been a violation of section 2905.04 of the Revised
Code as it existed prior to July 1, 1996, had the violation been
committed prior to that date; a
violation of section 917.31 of the Revised Code as it existed prior
to the effective date of this amendment; felonious
sexual penetration in violation of former section 2907.12 of the
Revised Code; or a violation of an ordinance of a municipal
corporation that is substantively comparable to an offense listed in
this paragraph.
(D) The state board may delegate to the superintendent of public instruction the authority to revoke a person's license or to deny issuance or renewal of a license to a person under division (C) or (F) of this section.
(E)(1) If the plea of guilty, finding of guilt, or conviction that is the basis of the action taken under division (B)(2) or (C) of this section, or under the version of division (F) of section 3319.311 of the Revised Code in effect prior to September 12, 2008, is overturned on appeal, upon exhaustion of the criminal appeal, the clerk of the court that overturned the plea, finding, or conviction or, if applicable, the clerk of the court that accepted an appeal from the court that overturned the plea, finding, or conviction, shall notify the state board that the plea, finding, or conviction has been overturned. Within thirty days after receiving the notification, the state board shall initiate proceedings to reconsider the revocation or denial of the person's license in accordance with division (E)(2) of this section. In addition, the person whose license was revoked or denied may file with the state board a petition for reconsideration of the revocation or denial along with appropriate court documents.
(2) Upon receipt of a court notification or a petition and supporting court documents under division (E)(1) of this section, the state board, after offering the person an opportunity for an adjudication hearing under Chapter 119. of the Revised Code, shall determine whether the person committed the act in question in the prior criminal action against the person that is the basis of the revocation or denial and may continue the revocation or denial, may reinstate the person's license, with or without limits, or may grant the person a new license, with or without limits. The decision of the board shall be based on grounds for revoking, denying, suspending, or limiting a license adopted by rule under division (G) of this section and in accordance with the evidentiary standards the board employs for all other licensure hearings. The decision of the board under this division is subject to appeal under Chapter 119. of the Revised Code.
(3) A person whose license is revoked or denied under division (C) of this section shall not apply for any license if the plea of guilty, finding of guilt, or conviction that is the basis of the revocation or denial, upon completion of the criminal appeal, either is upheld or is overturned but the state board continues the revocation or denial under division (E)(2) of this section and that continuation is upheld on final appeal.
(F) The state board may take action under division (B) of this section, and the state board or the superintendent shall take the action required under division (C) of this section, on the basis of substantially comparable conduct occurring in a jurisdiction outside this state or occurring before a person applies for or receives any license.
(G) The state board may adopt rules in accordance with Chapter 119. of the Revised Code to carry out this section and section 3319.311 of the Revised Code.
Sec. 3319.39. (A)(1) Except as provided in division (F)(2)(b) of section 109.57 of the Revised Code, the appointing or hiring officer of the board of education of a school district, the governing board of an educational service center, or of a chartered nonpublic school shall request the superintendent of the bureau of criminal identification and investigation to conduct a criminal records check with respect to any applicant who has applied to the school district, educational service center, or school for employment in any position. The appointing or hiring officer shall request that the superintendent include information from the federal bureau of investigation in the criminal records check, unless all of the following apply to the applicant:
(a) The applicant is applying to be an instructor of adult education.
(b) The duties of the position for which the applicant is applying do not involve routine interaction with a child or regular responsibility for the care, custody, or control of a child or, if the duties do involve such interaction or responsibility, during any period of time in which the applicant, if hired, has such interaction or responsibility, another employee of the school district, educational service center, or chartered nonpublic school will be present in the same room with the child or, if outdoors, will be within a thirty-yard radius of the child or have visual contact with the child.
(c) The applicant presents proof that the applicant has been a resident of this state for the five-year period immediately prior to the date upon which the criminal records check is requested or provides evidence that within that five-year period the superintendent has requested information about the applicant from the federal bureau of investigation in a criminal records check.
(2) A person required by division (A)(1) of this section to request a criminal records check shall provide to each applicant a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code, provide to each applicant a standard impression sheet to obtain fingerprint impressions prescribed pursuant to division (C)(2) of section 109.572 of the Revised Code, obtain the completed form and impression sheet from each applicant, and forward the completed form and impression sheet to the superintendent of the bureau of criminal identification and investigation at the time the person requests a criminal records check pursuant to division (A)(1) of this section.
(3) An applicant who receives pursuant to division (A)(2) of this section a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a copy of an impression sheet prescribed pursuant to division (C)(2) of that section and who is requested to complete the form and provide a set of fingerprint impressions shall complete the form or provide all the information necessary to complete the form and shall provide the impression sheet with the impressions of the applicant's fingerprints. If an applicant, upon request, fails to provide the information necessary to complete the form or fails to provide impressions of the applicant's fingerprints, the board of education of a school district, governing board of an educational service center, or governing authority of a chartered nonpublic school shall not employ that applicant for any position.
(4) Notwithstanding any provision of this section to the contrary, an applicant who meets the conditions prescribed in divisions (A)(1)(a) and (b) of this section and who, within the two-year period prior to the date of application, was the subject of a criminal records check under this section prior to being hired for short-term employment with the school district, educational service center, or chartered nonpublic school to which application is being made shall not be required to undergo a criminal records check prior to the applicant's rehiring by that district, service center, or school.
(B)(1) Except as provided in rules adopted by the department of education in accordance with division (E) of this section and as provided in division (B)(3) of this section, no board of education of a school district, no governing board of an educational service center, and no governing authority of a chartered nonpublic school shall employ a person if the person previously has been convicted of or pleaded guilty to any of the following:
(a)
A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,
2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02,
2905.05, 2907.011,
2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.03,
2911.04, 2919.12,
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,
2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed prior
to July 1, 1996, a violation of section 2919.23 of the Revised Code
that would have been a violation of section 2905.04 of the Revised
Code as it existed prior to July 1, 1996, had the violation been
committed prior to that date, a violation of section 2925.11 of the
Revised Code that is not a minor drug possession offense, or
felonious sexual penetration in violation of former section 2907.12
of the Revised Code;
(b) A violation of an existing or former law of this state, another state, or the United States that is substantially equivalent to any of the offenses or violations described in division (B)(1)(a) of this section.
(2) A board, governing board of an educational service center, or a governing authority of a chartered nonpublic school may employ an applicant conditionally until the criminal records check required by this section is completed and the board or governing authority receives the results of the criminal records check. If the results of the criminal records check indicate that, pursuant to division (B)(1) of this section, the applicant does not qualify for employment, the board or governing authority shall release the applicant from employment.
(3) No board and no governing authority of a chartered nonpublic school shall employ a teacher who previously has been convicted of or pleaded guilty to any of the offenses listed in section 3319.31 of the Revised Code.
(C)(1) Each board and each governing authority of a chartered nonpublic school shall pay to the bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check conducted in accordance with that section upon the request pursuant to division (A)(1) of this section of the appointing or hiring officer of the board or governing authority.
(2) A board and the governing authority of a chartered nonpublic school may charge an applicant a fee for the costs it incurs in obtaining a criminal records check under this section. A fee charged under this division shall not exceed the amount of fees the board or governing authority pays under division (C)(1) of this section. If a fee is charged under this division, the board or governing authority shall notify the applicant at the time of the applicant's initial application for employment of the amount of the fee and that, unless the fee is paid, the board or governing authority will not consider the applicant for employment.
(D) The report of any criminal records check conducted by the bureau of criminal identification and investigation in accordance with section 109.572 of the Revised Code and pursuant to a request under division (A)(1) of this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the applicant who is the subject of the criminal records check or the applicant's representative, the board or governing authority requesting the criminal records check or its representative, and any court, hearing officer, or other necessary individual involved in a case dealing with the denial of employment to the applicant.
(E) The department of education shall adopt rules pursuant to Chapter 119. of the Revised Code to implement this section, including rules specifying circumstances under which the board or governing authority may hire a person who has been convicted of an offense listed in division (B)(1) or (3) of this section but who meets standards in regard to rehabilitation set by the department. Any rules adopted by the department under this division regarding the employment of a person holding a certificate, license, or permit described in this chapter or in division (B) of section 3301.071 or in section 3301.074 of the Revised Code shall comply with section 9.79 of the Revised Code.
The department shall amend rule 3301-83-23 of the Ohio Administrative Code that took effect August 27, 2009, and that specifies the offenses that disqualify a person for employment as a school bus or school van driver and establishes rehabilitation standards for school bus and school van drivers.
(F) Any person required by division (A)(1) of this section to request a criminal records check shall inform each person, at the time of the person's initial application for employment, of the requirement to provide a set of fingerprint impressions and that a criminal records check is required to be conducted and satisfactorily completed in accordance with section 109.572 of the Revised Code if the person comes under final consideration for appointment or employment as a precondition to employment for the school district, educational service center, or school for that position.
(G) As used in this section:
(1) "Applicant" means a person who is under final consideration for appointment or employment in a position with a board of education, governing board of an educational service center, or a chartered nonpublic school, except that "applicant" does not include a person already employed by a board or chartered nonpublic school who is under consideration for a different position with such board or school.
(2) "Teacher" means a person holding an educator license or permit issued under section 3319.22 or 3319.301 of the Revised Code and teachers in a chartered nonpublic school.
(3) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code.
(4) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.
(H) If the board of education of a local school district adopts a resolution requesting the assistance of the educational service center in which the local district has territory in conducting criminal records checks of substitute teachers and substitutes for other district employees under this section, the appointing or hiring officer of such educational service center shall serve for purposes of this section as the appointing or hiring officer of the local board in the case of hiring substitute teachers and other substitute employees for the local district.
Sec. 3333.38. (A) As used in this section:
(1) "Institution of higher education" includes all of the following:
(a) A state institution of higher education, as defined in section 3345.011 of the Revised Code;
(b) A nonprofit institution issued a certificate of authorization under Chapter 1713. of the Revised Code;
(c) A private institution exempt from regulation under Chapter 3332. of the Revised Code, as prescribed in section 3333.046 of the Revised Code;
(d) An institution of higher education with a certificate of registration from the state board of career colleges and schools under Chapter 3332. of the Revised Code.
(2) "Student financial assistance supported by state funds" includes assistance granted under sections 3315.33, 3333.12, 3333.122, 3333.125, 3333.21, 3333.26, 3333.28, 3333.372, 3333.391, 5910.03, 5910.032, and 5919.34 of the Revised Code, financed by an award under the choose Ohio first scholarship program established under section 3333.61 of the Revised Code, or financed by an award under the Ohio co-op/internship program established under section 3333.72 of the Revised Code, and any other post-secondary student financial assistance supported by state funds.
(B) An individual who is convicted of, pleads guilty to, or is adjudicated a delinquent child for one of the following violations shall be ineligible to receive any student financial assistance supported by state funds at an institution of higher education for two calendar years from the time the individual applies for assistance of that nature:
(1) A violation of section 2917.02 or 2917.03 of the Revised Code;
(2)
A violation of section 2917.04 of the Revised Code that is a
misdemeanor of the fourth
third
degree;
(3)
A violation of section 2917.13 of the Revised Code that is
a misdemeanor of the fourth or first degree and occurs
within the proximate area where four or more others are acting in a
course of conduct in violation of section 2917.11 of the Revised
Code.
(C) If an individual is convicted of, pleads guilty to, or is adjudicated a delinquent child for committing a violation of section 2917.02 or 2917.03 of the Revised Code, and if the individual is enrolled in a state-supported institution of higher education, the institution in which the individual is enrolled shall immediately dismiss the individual. No state-supported institution of higher education shall admit an individual of that nature for one academic year after the individual applies for admission to a state-supported institution of higher education. This division does not limit or affect the ability of a state-supported institution of higher education to suspend or otherwise discipline its students.
Sec. 3712.09. (A) As used in this section:
(1) "Applicant" means a person who is under final consideration for employment with a hospice care program or pediatric respite care program in a full-time, part-time, or temporary position that involves providing direct care to an older adult or pediatric respite care patient. "Applicant" does not include a person who provides direct care as a volunteer without receiving or expecting to receive any form of remuneration other than reimbursement for actual expenses.
(2) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code.
(3) "Older adult" means a person age sixty or older.
(B)(1) Except as provided in division (I) of this section, the chief administrator of a hospice care program or pediatric respite care program shall request that the superintendent of the bureau of criminal identification and investigation conduct a criminal records check of each applicant. If an applicant for whom a criminal records check request is required under this division does not present proof of having been a resident of this state for the five-year period immediately prior to the date the criminal records check is requested or provide evidence that within that five-year period the superintendent has requested information about the applicant from the federal bureau of investigation in a criminal records check, the chief administrator shall request that the superintendent obtain information from the federal bureau of investigation as part of the criminal records check of the applicant. Even if an applicant for whom a criminal records check request is required under this division presents proof of having been a resident of this state for the five-year period, the chief administrator may request that the superintendent include information from the federal bureau of investigation in the criminal records check.
(2) A person required by division (B)(1) of this section to request a criminal records check shall do both of the following:
(a) Provide to each applicant for whom a criminal records check request is required under that division a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a standard fingerprint impression sheet prescribed pursuant to division (C)(2) of that section, and obtain the completed form and impression sheet from the applicant;
(b) Forward the completed form and impression sheet to the superintendent of the bureau of criminal identification and investigation.
(3) An applicant provided the form and fingerprint impression sheet under division (B)(2)(a) of this section who fails to complete the form or provide fingerprint impressions shall not be employed in any position for which a criminal records check is required by this section.
(C)(1) Except as provided in rules adopted by the director of health in accordance with division (F) of this section and subject to division (C)(2) of this section, no hospice care program or pediatric respite care program shall employ a person in a position that involves providing direct care to an older adult or pediatric respite care patient if the person has been convicted of or pleaded guilty to any of the following:
(a)
A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,
2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02,
2905.11, 2905.12, 2907.011,
2907.02,
2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,
2911.02, 2911.11,
2911.12, 2911.13, 2911.03,
2911.04, 2911.05, 2913.02,
2913.03, 2913.04, 2913.08,
2913.11,
2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25,
2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11,
2925.13, 2925.22, 2925.23, or 3716.11 or
division (A) of section 2911.06 of
the Revised Code.
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (C)(1)(a) of this section.
(2)(a) A hospice care program or pediatric respite care program may employ conditionally an applicant for whom a criminal records check request is required under division (B) of this section prior to obtaining the results of a criminal records check regarding the individual, provided that the program shall request a criminal records check regarding the individual in accordance with division (B)(1) of this section not later than five business days after the individual begins conditional employment. In the circumstances described in division (I)(2) of this section, a hospice care program or pediatric respite care program may employ conditionally an applicant who has been referred to the hospice care program or pediatric respite care program by an employment service that supplies full-time, part-time, or temporary staff for positions involving the direct care of older adults or pediatric respite care patients and for whom, pursuant to that division, a criminal records check is not required under division (B) of this section.
(b) A hospice care program or pediatric respite care program that employs an individual conditionally under authority of division (C)(2)(a) of this section shall terminate the individual's employment if the results of the criminal records check requested under division (B) of this section or described in division (I)(2) of this section, other than the results of any request for information from the federal bureau of investigation, are not obtained within the period ending thirty days after the date the request is made. Regardless of when the results of the criminal records check are obtained, if the results indicate that the individual has been convicted of or pleaded guilty to any of the offenses listed or described in division (C)(1) of this section, the program shall terminate the individual's employment unless the program chooses to employ the individual pursuant to division (F) of this section. Termination of employment under this division shall be considered just cause for discharge for purposes of division (D)(2) of section 4141.29 of the Revised Code if the individual makes any attempt to deceive the program about the individual's criminal record.
(D)(1) Each hospice care program or pediatric respite care program shall pay to the bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check conducted pursuant to a request made under division (B) of this section.
(2) A hospice care program or pediatric respite care program may charge an applicant a fee not exceeding the amount the program pays under division (D)(1) of this section. A program may collect a fee only if both of the following apply:
(a) The program notifies the person at the time of initial application for employment of the amount of the fee and that, unless the fee is paid, the person will not be considered for employment;
(b) The medicaid program does not reimburse the program the fee it pays under division (D)(1) of this section.
(E) The report of a criminal records check conducted pursuant to a request made under this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the following:
(1) The individual who is the subject of the criminal records check or the individual's representative;
(2) The chief administrator of the program requesting the criminal records check or the administrator's representative;
(3) The administrator of any other facility, agency, or program that provides direct care to older adults or pediatric respite care patients that is owned or operated by the same entity that owns or operates the hospice care program or pediatric respite care program;
(4) A court, hearing officer, or other necessary individual involved in a case dealing with a denial of employment of the applicant or dealing with employment or unemployment benefits of the applicant;
(5) Any person to whom the report is provided pursuant to, and in accordance with, division (I)(1) or (2) of this section.
(F) The director of health shall adopt rules in accordance with Chapter 119. of the Revised Code to implement this section. The rules shall specify circumstances under which a hospice care program or pediatric respite care program may employ a person who has been convicted of or pleaded guilty to an offense listed or described in division (C)(1) of this section but meets personal character standards set by the director.
(G) The chief administrator of a hospice care program or pediatric respite care program shall inform each individual, at the time of initial application for a position that involves providing direct care to an older adult or pediatric respite care patient, that the individual is required to provide a set of fingerprint impressions and that a criminal records check is required to be conducted if the individual comes under final consideration for employment.
(H) In a tort or other civil action for damages that is brought as the result of an injury, death, or loss to person or property caused by an individual who a hospice care program or pediatric respite care program employs in a position that involves providing direct care to older adults or pediatric respite care patients, all of the following shall apply:
(1) If the program employed the individual in good faith and reasonable reliance on the report of a criminal records check requested under this section, the program shall not be found negligent solely because of its reliance on the report, even if the information in the report is determined later to have been incomplete or inaccurate;
(2) If the program employed the individual in good faith on a conditional basis pursuant to division (C)(2) of this section, the program shall not be found negligent solely because it employed the individual prior to receiving the report of a criminal records check requested under this section;
(3) If the program in good faith employed the individual according to the personal character standards established in rules adopted under division (F) of this section, the program shall not be found negligent solely because the individual prior to being employed had been convicted of or pleaded guilty to an offense listed or described in division (C)(1) of this section.
(I)(1) The chief administrator of a hospice care program or pediatric respite care program is not required to request that the superintendent of the bureau of criminal identification and investigation conduct a criminal records check of an applicant if the applicant has been referred to the program by an employment service that supplies full-time, part-time, or temporary staff for positions involving the direct care of older adults or pediatric respite care patients and both of the following apply:
(a) The chief administrator receives from the employment service or the applicant a report of the results of a criminal records check regarding the applicant that has been conducted by the superintendent within the one-year period immediately preceding the applicant's referral;
(b) The report of the criminal records check demonstrates that the person has not been convicted of or pleaded guilty to an offense listed or described in division (C)(1) of this section, or the report demonstrates that the person has been convicted of or pleaded guilty to one or more of those offenses, but the hospice care program or pediatric respite care program chooses to employ the individual pursuant to division (F) of this section.
(2) The chief administrator of a hospice care program or pediatric respite care program is not required to request that the superintendent of the bureau of criminal identification and investigation conduct a criminal records check of an applicant and may employ the applicant conditionally as described in this division, if the applicant has been referred to the program by an employment service that supplies full-time, part-time, or temporary staff for positions involving the direct care of older adults or pediatric respite care patients and if the chief administrator receives from the employment service or the applicant a letter from the employment service that is on the letterhead of the employment service, dated, and signed by a supervisor or another designated official of the employment service and that states that the employment service has requested the superintendent to conduct a criminal records check regarding the applicant, that the requested criminal records check will include a determination of whether the applicant has been convicted of or pleaded guilty to any offense listed or described in division (C)(1) of this section, that, as of the date set forth on the letter, the employment service had not received the results of the criminal records check, and that, when the employment service receives the results of the criminal records check, it promptly will send a copy of the results to the hospice care program or pediatric respite care program. If a hospice care program or pediatric respite care program employs an applicant conditionally in accordance with this division, the employment service, upon its receipt of the results of the criminal records check, promptly shall send a copy of the results to the hospice care program or pediatric respite care program, and division (C)(2)(b) of this section applies regarding the conditional employment.
Sec. 3715.06. (A) Each retailer, terminal distributor of dangerous drugs, pharmacy, prescriber, or wholesaler that sells, offers to sell, holds for sale, delivers, or otherwise provides any pseudoephedrine product and that discovers the theft or loss of any pseudoephedrine product in an amount of more than nine grams per incident of theft or loss shall notify all of the following upon discovery of the theft or loss:
(1) The state board of pharmacy, by telephone immediately upon discovery of the theft or loss;
(2)
Law enforcement authorities. If the incident is a theft and the theft
constitutes a felony, the retailer, terminal distributor of dangerous
drugs, pharmacy, prescriber, or wholesaler shall report the theft to
the law enforcement authorities in accordance with section 2921.22
2921.26
of
the Revised Code.
(B) Within thirty days after making a report by telephone to the state board of pharmacy pursuant to division (A)(1) of this section, a retailer, terminal distributor of dangerous drugs, pharmacy, prescriber, or wholesaler shall send a written report to the state board of pharmacy.
(C) The reports required under this section shall identify the product that was stolen or lost, the amount of the product stolen or lost, and the date and time of discovery of the theft or loss.
Sec. 3721.121. (A) As used in this section:
(1) "Adult day-care program" means a program operated pursuant to rules adopted by the director of health under section 3721.04 of the Revised Code and provided by and on the same site as homes licensed under this chapter.
(2) "Applicant" means a person who is under final consideration for employment with a home or adult day-care program in a full-time, part-time, or temporary position that involves providing direct care to an older adult. "Applicant" does not include a person who provides direct care as a volunteer without receiving or expecting to receive any form of remuneration other than reimbursement for actual expenses.
(3) "Community-based long-term care services provider" means a provider as defined in section 173.39 of the Revised Code.
(4) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code.
(5) "Home" means a home as defined in section 3721.10 of the Revised Code.
(6) "Older adult" means a person age sixty or older.
(B)(1) Except as provided in division (I) of this section, the chief administrator of a home or adult day-care program shall request that the superintendent of the bureau of criminal identification and investigation conduct a criminal records check of each applicant. If an applicant for whom a criminal records check request is required under this division does not present proof of having been a resident of this state for the five-year period immediately prior to the date the criminal records check is requested or provide evidence that within that five-year period the superintendent has requested information about the applicant from the federal bureau of investigation in a criminal records check, the chief administrator shall request that the superintendent obtain information from the federal bureau of investigation as part of the criminal records check of the applicant. Even if an applicant for whom a criminal records check request is required under this division presents proof of having been a resident of this state for the five-year period, the chief administrator may request that the superintendent include information from the federal bureau of investigation in the criminal records check.
(2) A person required by division (B)(1) of this section to request a criminal records check shall do both of the following:
(a) Provide to each applicant for whom a criminal records check request is required under that division a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a standard fingerprint impression sheet prescribed pursuant to division (C)(2) of that section, and obtain the completed form and impression sheet from the applicant;
(b) Forward the completed form and impression sheet to the superintendent of the bureau of criminal identification and investigation.
(3) An applicant provided the form and fingerprint impression sheet under division (B)(2)(a) of this section who fails to complete the form or provide fingerprint impressions shall not be employed in any position for which a criminal records check is required by this section.
(C)(1) Except as provided in rules adopted by the director of health in accordance with division (F) of this section and subject to division (C)(2) of this section, no home or adult day-care program shall employ a person in a position that involves providing direct care to an older adult if the person has been convicted of or pleaded guilty to any of the following:
(a)
A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,
2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02,
2905.11, 2905.12, 2907.011,
2907.02,
2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,
2911.02, 2911.11,
2911.12, 2911.13, 2911.03,
2911.04, 2911.05, 2913.02,
2913.03, 2913.04, 2913.08,
2913.11,
2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25,
2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11,
2925.13, 2925.22, 2925.23, or 3716.11 or
division (A) of section 2911.06 of
the Revised Code.
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (C)(1)(a) of this section.
(2)(a) A home or an adult day-care program may employ conditionally an applicant for whom a criminal records check request is required under division (B) of this section prior to obtaining the results of a criminal records check regarding the individual, provided that the home or program shall request a criminal records check regarding the individual in accordance with division (B)(1) of this section not later than five business days after the individual begins conditional employment. In the circumstances described in division (I)(2) of this section, a home or adult day-care program may employ conditionally an applicant who has been referred to the home or adult day-care program by an employment service that supplies full-time, part-time, or temporary staff for positions involving the direct care of older adults and for whom, pursuant to that division, a criminal records check is not required under division (B) of this section.
(b) A home or adult day-care program that employs an individual conditionally under authority of division (C)(2)(a) of this section shall terminate the individual's employment if the results of the criminal records check requested under division (B) of this section or described in division (I)(2) of this section, other than the results of any request for information from the federal bureau of investigation, are not obtained within the period ending thirty days after the date the request is made. Regardless of when the results of the criminal records check are obtained, if the results indicate that the individual has been convicted of or pleaded guilty to any of the offenses listed or described in division (C)(1) of this section, the home or program shall terminate the individual's employment unless the home or program chooses to employ the individual pursuant to division (F) of this section. Termination of employment under this division shall be considered just cause for discharge for purposes of division (D)(2) of section 4141.29 of the Revised Code if the individual makes any attempt to deceive the home or program about the individual's criminal record.
(D)(1) Each home or adult day-care program shall pay to the bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check conducted pursuant to a request made under division (B) of this section.
(2) A home or adult day-care program may charge an applicant a fee not exceeding the amount the home or program pays under division (D)(1) of this section. A home or program may collect a fee only if both of the following apply:
(a) The home or program notifies the person at the time of initial application for employment of the amount of the fee and that, unless the fee is paid, the person will not be considered for employment;
(b) The medicaid program does not reimburse the home or program the fee it pays under division (D)(1) of this section.
(E) The report of any criminal records check conducted pursuant to a request made under this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the following:
(1) The individual who is the subject of the criminal records check or the individual's representative;
(2) The chief administrator of the home or program requesting the criminal records check or the administrator's representative;
(3) The administrator of any other facility, agency, or program that provides direct care to older adults that is owned or operated by the same entity that owns or operates the home or program;
(4) A court, hearing officer, or other necessary individual involved in a case dealing with a denial of employment of the applicant or dealing with employment or unemployment benefits of the applicant;
(5) Any person to whom the report is provided pursuant to, and in accordance with, division (I)(1) or (2) of this section;
(6) The board of nursing for purposes of accepting and processing an application for a medication aide certificate issued under Chapter 4723. of the Revised Code;
(7) The director of aging or the director's designee if the criminal records check is requested by the chief administrator of a home that is also a community-based long-term care services provider.
(F) In accordance with section 3721.11 of the Revised Code, the director of health shall adopt rules to implement this section. The rules shall specify circumstances under which a home or adult day-care program may employ a person who has been convicted of or pleaded guilty to an offense listed or described in division (C)(1) of this section but meets personal character standards set by the director.
(G) The chief administrator of a home or adult day-care program shall inform each individual, at the time of initial application for a position that involves providing direct care to an older adult, that the individual is required to provide a set of fingerprint impressions and that a criminal records check is required to be conducted if the individual comes under final consideration for employment.
(H) In a tort or other civil action for damages that is brought as the result of an injury, death, or loss to person or property caused by an individual who a home or adult day-care program employs in a position that involves providing direct care to older adults, all of the following shall apply:
(1) If the home or program employed the individual in good faith and reasonable reliance on the report of a criminal records check requested under this section, the home or program shall not be found negligent solely because of its reliance on the report, even if the information in the report is determined later to have been incomplete or inaccurate;
(2) If the home or program employed the individual in good faith on a conditional basis pursuant to division (C)(2) of this section, the home or program shall not be found negligent solely because it employed the individual prior to receiving the report of a criminal records check requested under this section;
(3) If the home or program in good faith employed the individual according to the personal character standards established in rules adopted under division (F) of this section, the home or program shall not be found negligent solely because the individual prior to being employed had been convicted of or pleaded guilty to an offense listed or described in division (C)(1) of this section.
(I)(1) The chief administrator of a home or adult day-care program is not required to request that the superintendent of the bureau of criminal identification and investigation conduct a criminal records check of an applicant if the applicant has been referred to the home or program by an employment service that supplies full-time, part-time, or temporary staff for positions involving the direct care of older adults and both of the following apply:
(a) The chief administrator receives from the employment service or the applicant a report of the results of a criminal records check regarding the applicant that has been conducted by the superintendent within the one-year period immediately preceding the applicant's referral;
(b) The report of the criminal records check demonstrates that the person has not been convicted of or pleaded guilty to an offense listed or described in division (C)(1) of this section, or the report demonstrates that the person has been convicted of or pleaded guilty to one or more of those offenses, but the home or adult day-care program chooses to employ the individual pursuant to division (F) of this section.
(2) The chief administrator of a home or adult day-care program is not required to request that the superintendent of the bureau of criminal identification and investigation conduct a criminal records check of an applicant and may employ the applicant conditionally as described in this division, if the applicant has been referred to the home or program by an employment service that supplies full-time, part-time, or temporary staff for positions involving the direct care of older adults and if the chief administrator receives from the employment service or the applicant a letter from the employment service that is on the letterhead of the employment service, dated, and signed by a supervisor or another designated official of the employment service and that states that the employment service has requested the superintendent to conduct a criminal records check regarding the applicant, that the requested criminal records check will include a determination of whether the applicant has been convicted of or pleaded guilty to any offense listed or described in division (C)(1) of this section, that, as of the date set forth on the letter, the employment service had not received the results of the criminal records check, and that, when the employment service receives the results of the criminal records check, it promptly will send a copy of the results to the home or adult day-care program. If a home or adult day-care program employs an applicant conditionally in accordance with this division, the employment service, upon its receipt of the results of the criminal records check, promptly shall send a copy of the results to the home or adult day-care program, and division (C)(2)(b) of this section applies regarding the conditional employment.
Sec. 3737.22. (A) The fire marshal shall do all of the following:
(1) Adopt the state fire code under sections 3737.82 to 3737.86 of the Revised Code;
(2) Enforce the state fire code;
(3) Appoint assistant fire marshals who are authorized to enforce the state fire code;
(4) Conduct investigations into the cause, origin, and circumstances of fires and explosions, and assist in the prosecution of persons believed to be guilty of arson or a similar crime;
(5) Compile statistics concerning loss due to fire and explosion as the fire marshal considers necessary, and consider the compatibility of the fire marshal's system of compilation with the systems of other state and federal agencies and fire marshals of other states;
(6) Engage in research on the cause and prevention of losses due to fire and explosion;
(7) Engage in public education and informational activities which will inform the public of fire safety information;
(8) Operate a fire training academy and forensic laboratory;
(9) Conduct other fire safety and fire fighting training activities for the public and groups as will further the cause of fire safety;
(10) Conduct licensing examinations, and issue permits, licenses, and certificates, as authorized by the Revised Code;
(11) Conduct tests of fire protection systems and devices, and fire fighting equipment to determine compliance with the state fire code, unless a building is insured against the hazard of fire, in which case such tests may be performed by the company insuring the building;
(12) Establish and collect fees for conducting licensing examinations and for issuing permits, licenses, and certificates;
(13) Make available for the prosecuting attorney and an assistant prosecuting attorney from each county of this state, in accordance with section 3737.331 of the Revised Code, a seminar program, attendance at which is optional, that is designed to provide current information, data, training, and techniques relative to the prosecution of arson cases;
(14) Administer and enforce Chapter 3743. of the Revised Code;
(15)
Develop a uniform standard for the reporting of information required
to be filed under division (E)(4)
(C)
of
section 2921.22
2921.28
of
the Revised Code, and accept the reports of the information when they
are filed.
(B) The fire marshal shall appoint a chief deputy fire marshal, and shall employ professional and clerical assistants as the fire marshal considers necessary. The chief deputy shall be a competent former or current member of a fire agency and possess five years of recent, progressively more responsible experience in fire inspection, fire code enforcement, and fire code management. The chief deputy, with the approval of the director of commerce, shall temporarily assume the duties of the fire marshal when the fire marshal is absent or temporarily unable to carry out the duties of the office. When there is a vacancy in the office of fire marshal, the chief deputy, with the approval of the director of commerce, shall temporarily assume the duties of the fire marshal until a new fire marshal is appointed under section 3737.21 of the Revised Code.
All employees, other than the fire marshal; the chief deputy fire marshal; the superintendent of the Ohio fire academy; the grants administrator; the fiscal officer; the executive secretary to the fire marshal; legal counsel; the pyrotechnics administrator, the chief of the forensic laboratory; the person appointed by the fire marshal to serve as administrator over functions concerning testing, license examinations, and the issuance of permits and certificates; and the chiefs of the bureaus of fire prevention, of fire and explosion investigation, of code enforcement, and of underground storage tanks shall be in the classified civil service. The fire marshal shall authorize the chief deputy and other employees under the fire marshal's supervision to exercise powers granted to the fire marshal by law as may be necessary to carry out the duties of the fire marshal's office.
(C) The fire marshal shall create, in and as a part of the office of fire marshal, a fire and explosion investigation bureau consisting of a chief of the bureau and additional assistant fire marshals as the fire marshal determines necessary for the efficient administration of the bureau. The chief shall be experienced in the investigation of the cause, origin, and circumstances of fires, and in administration, including the supervision of subordinates. The chief, among other duties delegated to the chief by the fire marshal, shall be responsible, under the direction of the fire marshal, for the investigation of the cause, origin, and circumstances of fires and explosions in the state, and for assistance in the prosecution of persons believed to be guilty of arson or a similar crime.
(D)(1) The fire marshal shall create, as part of the office of fire marshal, a bureau of code enforcement consisting of a chief of the bureau and additional assistant fire marshals as the fire marshal determines necessary for the efficient administration of the bureau. The chief shall be qualified, by education or experience, in fire inspection, fire code development, fire code enforcement, or any other similar field determined by the fire marshal, and in administration, including the supervision of subordinates. The chief is responsible, under the direction of the fire marshal, for fire inspection, fire code development, fire code enforcement, and any other duties delegated to the chief by the fire marshal.
(2) The fire marshal, the chief deputy fire marshal, the chief of the bureau of code enforcement, or any assistant fire marshal under the direction of the fire marshal, the chief deputy fire marshal, or the chief of the bureau of code enforcement may cause to be conducted the inspection of all buildings, structures, and other places, the condition of which may be dangerous from a fire safety standpoint to life or property, or to property adjacent to the buildings, structures, or other places.
(E) The fire marshal shall create, as a part of the office of fire marshal, a bureau of fire prevention consisting of a chief of the bureau and additional assistant fire marshals as the fire marshal determines necessary for the efficient administration of the bureau. The chief shall be qualified, by education or experience, to promote programs for rural and urban fire prevention and protection. The chief, among other duties delegated to the chief by the fire marshal, is responsible, under the direction of the fire marshal, for the promotion of rural and urban fire prevention and protection through public information and education programs.
(F) The fire marshal shall cooperate with the director of job and family services when the director adopts rules under section 5104.052 of the Revised Code regarding fire prevention and fire safety in licensed type B family day-care homes, as defined in section 5104.01 of the Revised Code, recommend procedures for inspecting type B homes to determine whether they are in compliance with those rules, and provide training and technical assistance to the director and county directors of job and family services on the procedures for determining compliance with those rules.
(G) The fire marshal, upon request of a provider of child care in a type B home that is not licensed by the director of job and family services, as a precondition of approval by the state board of education under section 3313.813 of the Revised Code for receipt of United States department of agriculture child and adult care food program funds established under the "National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, shall inspect the type B home to determine compliance with rules adopted under section 5104.052 of the Revised Code regarding fire prevention and fire safety in licensed type B homes. In municipal corporations and in townships where there is a certified fire safety inspector, the inspections shall be made by that inspector under the supervision of the fire marshal, according to rules adopted under section 5104.052 of the Revised Code. In townships outside municipal corporations where there is no certified fire safety inspector, inspections shall be made by the fire marshal.
Sec. 3750.09. (A) Except as otherwise provided in division (E) of this section, any person who is required to provide information to the emergency response commission, the local emergency planning committee of the emergency planning district in which a facility owned or operated by the person is located, or the fire department having jurisdiction over the facility, under the reporting requirements in sections 3750.04, 3750.05, 3750.07, or 3750.08 of the Revised Code or the rules adopted under division (B)(1)(d) or (e) of section 3750.02 of the Revised Code, may withhold from submission to the commission, committee, fire department, or any other person the specific chemical identity, including the chemical name and other specific identification, of an extremely hazardous substance or hazardous chemical identified or listed by rules adopted under division (B)(1)(a) or (b) of section 3750.02 of the Revised Code on the grounds that the information constitutes a trade secret if either of the following conditions is met:
(1)(a) At the time of submitting the information sought to be classified as a trade secret, the owner or operator of the facility submits a claim for protection of that information as a trade secret pursuant to rules adopted under division (B)(2)(d) of section 3750.02 of the Revised Code and submits a copy of the required report that indicates that such a claim has been filed and contains the generic class or category of the chemical identity in place of the specific chemical identity and that is accompanied by a copy of the substantiation supporting the trade secret claim that was submitted to the administrator of the United States environmental protection agency. The owner or operator may withhold from the copy of the substantiation submitted to the commission, committee, or fire department the specific chemical identity claimed to be a trade secret and information identified as confidential business information in rules adopted under division (B)(1)(h) of section 3750.02 of the Revised Code.
(b) A determination of the claim remains pending pursuant to those rules.
(2) It has been determined pursuant to those rules that a trade secret exists.
(B) Except as otherwise provided in division (E) of this section, any person who is required to provide information to the commission, the local emergency planning committee of the emergency planning district in which a facility owned or operated by the person is located, or the fire department having jurisdiction over the facility, under the reporting requirements in section 3750.04, 3750.05, 3750.07, or 3750.08 of the Revised Code or the rules adopted under division (B)(1)(d) or (e) of section 3750.02 of the Revised Code may withhold from submission to the committee, fire department, or any other person the specific chemical identity, including the chemical name or other specific identification, of an extremely hazardous substance or hazardous chemical identified or listed in rules adopted under division (C)(5) of section 3750.02 of the Revised Code on the grounds that the information constitutes a trade secret if either of the following conditions is met:
(1)(a) At the time of submitting the information sought to be classified as a trade secret, the owner or operator of the facility submits a claim to the commission for protection of that information as a trade secret pursuant to rules adopted under division (B)(5) of section 3750.02 of the Revised Code along with the report that the owner or operator is required to submit to the commission and submits to the committee or fire department a copy of the required report that indicates that such a claim has been filed with the commission and that contains the generic class or category of the chemical identity in place of the specific chemical identity and that is accompanied by a copy of the substantiation supporting the trade secret claim that was submitted to the commission. The owner may withhold from the copy of the substantiation submitted to the committee or fire department the specific chemical identity claimed to be a trade secret and information identified as confidential business information in rules adopted under division (B)(1)(h) of section 3750.02 of the Revised Code.
(b) A determination of the claim remains pending pursuant to those rules and division (B)(14) of that section.
(2) It has been determined pursuant to those rules and division (B)(14) of that section that a trade secret exists.
(C) No person shall withhold the specific identity of a chemical on the grounds that it is a trade secret:
(1) From any report enumerated in division (A) or (B) of this section, if it has been determined pursuant to rules adopted under division (B)(2)(d) of section 3750.02 of the Revised Code, or pursuant to division (B)(14) and rules adopted under division (B)(5) of that section, that no trade secret exists;
(2) In any notification of a release required by section 3750.06 of the Revised Code;
(3) When required to provide the specific chemical identity to a health professional, physician, or nurse pursuant to division (E) of this section.
(D) The governor may, pursuant to section 322 of the "Emergency Planning and Community Right-To-Know Act of 1986," 100 Stat. 1747, 42 U.S.C.A. 11042, request the administrator of the United States environmental protection agency to provide specific chemical identities that are claimed or have been determined to be trade secret information or the substantiations, explanations, or supplemental information supporting trade secret protection claims submitted to or determined by the administrator pursuant to that section and rules adopted under division (B)(2)(d) of section 3750.02 of the Revised Code regarding facilities located in this state that are subject to this chapter. The governor shall not make available to any member of the commission or committee who is not also an officer or employee of the state or a political subdivision any information claimed or determined to be a trade secret or confidential business information obtained under this division or pursuant to rules adopted under division (B)(5) of section 3750.02 of the Revised Code. Any trade secret and confidential business information obtained under this division or pursuant to rules adopted under division (B)(5) of that section shall be protected from unauthorized disclosure in accordance with rules adopted under division (B)(1)(i) of that section.
(E)(1) The owner or operator of a facility that is subject to section 3750.07 or 3750.08 of the Revised Code shall provide the specific chemical identity of an extremely hazardous substance or hazardous chemical, if the specific chemical identity is known, to any health professional who submits to the owner or operator a written request and statement of need for the specific chemical identity. The written statement of need shall be a statement of the health professional that the health professional has a reasonable basis to believe that all of the following conditions pertain to the request:
(a) The information is needed for purposes of diagnosis or treatment of an individual;
(b) The individual being diagnosed or treated has been exposed to the chemical concerned;
(c) Knowledge of the specific chemical identity of the chemical will assist in diagnosis and treatment.
An owner or operator to whom such a written request and statement of need is submitted shall provide the requested information to the health professional promptly after receiving the request and statement of need, subject to division (E)(4) of this section.
(2) The owner or operator of a facility that is subject to section 3750.07 or 3750.08 of the Revised Code shall provide a copy of a material safety data sheet or emergency and hazardous chemical inventory form that contains the specific chemical identity of an extremely hazardous substance or hazardous chemical, if the specific chemical identity is known, to any treating physician or nurse who requests that information if the physician or nurse determines that all of the following conditions pertain to the request:
(a) A medical emergency exists;
(b) The specific chemical identity of the chemical concerned is necessary for or will assist in emergency or first aid diagnosis or treatment;
(c) The individual being diagnosed or treated has been exposed to the chemical concerned.
The owner or operator shall provide the requested information to the physician or nurse immediately upon receiving such a request. The owner or operator shall not require any such treating physician or nurse to provide a written confidentiality agreement or statement of need as a precondition for disclosure of a specific chemical identity under this division; however, the owner or operator may require the treating physician or nurse to provide a written confidentiality agreement under division (E)(4) of this section and a statement setting forth the conditions listed in divisions (E)(2)(a) to (c) of this section as soon after the request is made as circumstances permit.
(3) The owner or operator of a facility that is subject to section 3750.07 or 3750.08 of the Revised Code shall provide the specific chemical identity of an extremely hazardous substance or hazardous chemical, if the specific chemical identity is known, to any health professional, including, without limitation, a physician, toxicologist, or epidemiologist, who is either employed by or under contract with a political subdivision and who submits to the owner or operator a written request for the information, a written statement of need for the information that meets the requirements of division (E)(3) of this section, and a written confidentiality agreement under division (E)(4) of this section. The owner or operator shall promptly after receipt of the written request, statement of need, and confidentiality agreement provide the requested information to the local health professional who requested it.
The written statement of need for a specific chemical identity required by division (E)(3) of this section shall describe with reasonable detail one or more of the following health needs for the information:
(a) To assess exposure of persons living in a local community to the hazards of the chemical concerned;
(b) To conduct or assess sampling to determine exposure levels of various population groups to the chemical concerned;
(c) To conduct periodic medical surveillance of population groups exposed to the chemical concerned;
(d) To provide medical treatment to individuals or population groups exposed to the chemical concerned;
(e) To conduct studies to determine the health effects of exposure to the chemical concerned;
(f) To conduct studies to aid in the identification of a chemical that may reasonably be anticipated to cause an observed health effect.
(4) Any person who obtains information under division (E)(1) or (3) of this section shall, as a precondition for receiving that information, enter into a written confidentiality agreement with the owner or operator of the facility from whom the information was requested that the person will not use the information for any purpose other than the health needs asserted in the statement of need provided thereunder, except as otherwise may be authorized by the terms of the agreement or by the person providing the information.
(F)(1) A member of the commission, officer or employee of the environmental protection agency, member or employee of a committee, or officer or employee of a fire department shall not request the owner or operator of a facility subject to this chapter to submit to the member, officer, or employee a trade secret claim or copy thereof; report required by section 3750.04, 3750.05, 3750.07, or 3750.08 of the Revised Code; substantiation of a trade secret claim or copy thereof or explanation or supporting information pertaining to a trade secret claim or copy thereof, that contains any information claimed or determined to be a trade secret pursuant to rules adopted under division (B)(2)(d) of section 3750.02 of the Revised Code or identified as confidential business information by rules adopted under division (B)(1)(h) of section 3750.02 of the Revised Code. If any such member, officer, or employee knows or has reason to believe that any such trade secret claim, report, substantiation, or explanation or supporting information pertaining to a trade secret claim contains any such information, the member, officer, or employee immediately shall return it to the owner or operator of the facility who submitted it without reading it and shall request the owner or operator to submit the appropriate report or substantiation that does not contain the information claimed or determined to be a trade secret or so identified as confidential business information.
(2) A member of the commission who is not also an employee of the state or a political subdivision, member or employee of a committee, or officer or employee of a fire department shall not request the owner or operator of a facility subject to this chapter to submit to the member, officer, or employee a trade secret claim or copy thereof; report required by section 3750.04, 3750.05, 3750.07, or 3750.08 of the Revised Code; substantiation of a trade secret claim; or explanation or supporting information pertaining to a trade secret claim or copy thereof, that contains any information claimed or determined to be a trade secret pursuant to division (B)(14) of section 3750.02 of the Revised Code and rules adopted under division (B)(5) of that section or any information identified as confidential business information by rules adopted under division (B)(1)(h) of that section that pertains to such a claim. If any such member, officer, or employee knows or has reason to believe that any such trade secret claim, report, substantiation, or explanation or supporting information pertaining to any such trade secret claim contains any such information, the member, officer, or employee immediately shall return it to the owner or operator of the facility who submitted it without reading it and shall request the owner or operator to submit the appropriate report or substantiation that does not contain the information so claimed or determined to be a trade secret or so identified as confidential business information.
(G)
No member of the commission or designee of a member of the
commission, officer or employee of the environmental protection
agency, member or employee of a committee, health professional,
physician, nurse, or other person who receives information claimed or
determined to be a trade secret pursuant to rules adopted under
division (B)(2)(d) of section 3750.02 of the Revised Code or pursuant
to division (B)(14) of that section and rules adopted under division
(B)(5) of that section, or who receives confidential business
information identified in rules adopted under division (B)(1)(h) of
section 3750.02 of the Revised Code shall release the information to
any person not authorized to have that information under division (C)
of this section or rules adopted under division (B)(1)(i) of that
section. A violation of this division is not also a violation of
section 2913.02
or,
2913.04,
or 2913.08
of
the Revised Code.
Sec. 3751.04. (A) Except as otherwise provided in division (D) of this section, any person required to provide information under section 3751.03 of the Revised Code may withhold from submission the specific chemical identity, including the chemical name and other specific identification, of the toxic chemical on the grounds that the information constitutes a trade secret if either of the following conditions is met:
(1)(a) At the time of submitting the information sought to be classified as a trade secret, the owner or operator of the facility submits a claim for protection of that information as a trade secret pursuant to regulations promulgated by the administrator of the United States environmental protection agency under EPCRA, and submits a copy of the required toxic chemical release form that indicates that such a claim has been filed and contains the generic class or category of the identity in place of the identity.
(b) A determination of the claim remains pending pursuant to those regulations.
(2) It has been determined by the administrator pursuant to those regulations that a trade secret exists.
(B) No person shall withhold the specific identity of a toxic chemical on the grounds that the information is a trade secret in either of the following instances:
(1) From any toxic chemical release form if it has been determined by the administrator pursuant to regulations promulgated under EPCRA that no trade secret exists;
(2) When required to provide the specific chemical identity to a health professional, physician, or nurse pursuant to division (D) of this section.
(C) The governor may, pursuant to EPCRA, request the administrator of the United States environmental protection agency to provide specific chemical identities that are claimed or have been determined to be trade secret information or the explanations and supplemental information supporting trade secret protection claims regarding facilities located in this state that are subject to this chapter. The governor shall not make any trade secret or confidential information obtained under this division available to any member of the emergency planning commission created in section 3750.02 of the Revised Code or to any member of a local emergency planning committee of an emergency planning district established under section 3750.03 of the Revised Code who is not also an officer or employee of the state or a political subdivision. Any trade secret or confidential business information obtained under this division shall be protected from unauthorized disclosure.
(D)(1) The owner or operator of a facility that is subject to section 3751.03 of the Revised Code shall provide the specific chemical identity of a toxic chemical, if the specific chemical identity is known, to any health professional who submits to the owner or operator a written request and statement of need for the specific chemical identity. The written statement of need shall be a statement of the health professional that the health professional has a reasonable basis to believe that all of the following conditions pertain to the request:
(a) The information is needed for purposes of diagnosis or treatment of an individual;
(b) The individual being diagnosed or treated has been exposed to the chemical concerned;
(c) Knowledge of the specific chemical identity of the chemical will assist in diagnosis and treatment.
An owner or operator to whom such a written request and statement of need is submitted shall provide the requested information to the health professional promptly after receiving the request and statement of need, subject to division (D)(4) of this section.
(2) The owner or operator of a facility that is subject to section 3751.03 of the Revised Code shall provide a copy of a toxic chemical release form that contains the specific chemical identity of a toxic chemical, if the specific chemical identity is known, to any treating physician or nurse who requests that information if the physician or nurse determines that all of the following conditions pertain to the request:
(a) A medical emergency exists;
(b) The specific chemical identity of the chemical concerned is necessary for or will assist in emergency or first aid diagnosis or treatment;
(c) The individual being diagnosed or treated has been exposed to the chemical concerned.
The owner or operator shall provide the requested information to the physician or nurse immediately upon receiving such a request. The owner or operator shall not require any such treating physician or nurse to provide a written confidentiality agreement or statement of need as a precondition for disclosure of a specific chemical identity under this division; however, the owner or operator may require the treating physician or nurse to provide a written confidentiality agreement under division (D)(4) of this section and a statement setting forth the conditions listed in divisions (D)(2)(a) to (c) of this section as soon after the disclosure is made as circumstances permit.
(3) The owner or operator of a facility that is subject to section 3751.03 of the Revised Code shall provide the specific chemical identity of a toxic chemical, if the specific chemical identity is known, to any health professional, including, without limitation, a physician, toxicologist, or epidemiologist, who is either employed by or under contract with a political subdivision and who submits to the owner or operator a written request for the information, a written statement of need for the information that meets the requirements of division (D)(3) of this section, and a written confidentiality agreement under division (D)(4) of this section. The owner or operator shall promptly after receipt of the written request, statement of need, and confidentiality agreement provide the requested information to the local health professional who requested it.
The written statement of need for a specific chemical identity required by division (D)(3) of this section shall describe with reasonable detail one or more of the following health needs for the information:
(a) To assess exposure of persons living in a local community to the hazards of the chemical concerned;
(b) To conduct or assess sampling to determine exposure levels of various population groups to the chemical concerned;
(c) To conduct periodic medical surveillance of population groups exposed to the chemical concerned;
(d) To provide medical treatment to individuals or population groups exposed to the chemical concerned;
(e) To conduct studies to determine the health effects of exposure to the chemical concerned;
(f) To conduct studies to aid in the identification of a chemical that may reasonably be anticipated to cause an observed health effect.
(4) Any person who obtains information under division (D)(1) or (3) of this section shall, as a precondition for receiving that information, enter into a written confidentiality agreement with the owner or operator of the facility from whom the information was requested that the person will not use the information for any purpose other than the health needs asserted in the statement of need provided thereunder, except as otherwise may be authorized by the terms of the agreement or by the person providing the information.
(E) An officer or employee of the environmental protection agency shall not request the owner or operator of a facility subject to this chapter to submit to the officer or employee a trade secret claim, toxic chemical release form required by section 3751.03 of the Revised Code, substantiation of a trade secret claim, or explanation or supporting information or copy thereof pertaining to a trade secret claim, that contains any information claimed or determined to be a trade secret or identified as confidential business information under EPCRA. If any officer or employee of the agency knows or has reason to believe that a trade secret claim, toxic chemical release form, substantiation, or explanation or supporting information pertaining to a trade secret claim contains any such information, the officer or employee immediately shall return it to the owner or operator of the facility who submitted it without reading it and shall request the owner or operator to submit the appropriate report or substantiation that does not contain the information claimed or determined to be a trade secret or so identified as confidential business information.
(F)
No officer or employee of the environmental protection agency, health
professional, physician, nurse, or other person who receives
information claimed or determined to be a trade secret or identified
as confidential business information by regulations promulgated by
the administrator under EPCRA shall release any information so
classified or identified to any person not authorized to have that
information under division (C) of this section. A violation of this
division is not also a violation of section 2913.02
or,
2913.04,
or 2913.08
of
the Revised Code.
Sec. 3752.14. (A) No person, without privilege to do so, shall do any of the following:
(1) Enter or remain on the premises of a reporting facility at which warning signs are posted in compliance with section 3752.07, 3752.11, 3752.111, 3752.112, or 3752.113 of the Revised Code;
(2) Enter or remain in a building or structure located at a reporting facility, or an outdoor location of operation, at which warning signs are posted in compliance with any of those sections;
(3) Being on the premises of a reporting facility at which warning signs are posted in compliance with any of those sections, in a building or structure located at such a facility, or at an outdoor location of operation at such a facility, fail or refuse to leave upon being ordered to do so by the owner or operator or an agent or servant of either.
(B) It is no defense to a charge under this section that the premises of the reporting facility involved was owned, controlled, or in the custody of a public agency.
(C) It is no defense to a charge under this section that the offender was authorized to enter or remain on the premises of the reporting facility involved when the authorization was obtained by deception.
(D)
Violation of this section is not criminal trespass under division
(D) of section
2911.21
2911.06
of
the Revised Code.
Sec. 3770.05. (A) As used in this section, "person" means any individual, association, corporation, limited liability company, partnership, club, trust, estate, society, receiver, trustee, person acting in a fiduciary or representative capacity, instrumentality of the state or any of its political subdivisions, or any other business entity or combination of individuals meeting the requirements set forth in this section or established by rule or order of the state lottery commission.
(B) The director of the state lottery commission may license any person as a lottery sales agent.
Before issuing any license to a lottery sales agent, the director shall consider all of the following:
(1) The financial responsibility and security of the applicant and the applicant's business or activity;
(2) The accessibility of the applicant's place of business or activity to the public;
(3) The sufficiency of existing licensed agents to serve the public interest;
(4) The volume of expected sales by the applicant;
(5) Any other factors pertaining to the public interest, convenience, or trust.
(C) Except as otherwise provided in divisions (F) and (G) of this section, the director of the state lottery commission may refuse to grant, or may suspend or revoke, a license if the applicant or licensee:
(1) Has been convicted of a felony or has been convicted of a crime involving moral turpitude;
(2) Has been convicted of an offense that involves illegal gambling;
(3) Has been found guilty of fraud or misrepresentation in any connection;
(4) Has been found to have violated any rule or order of the commission; or
(5) Has been convicted of illegal trafficking in supplemental nutrition assistance program benefits.
(D) Except as otherwise provided in division (G) of this section, the director of the state lottery commission may refuse to grant, or may suspend or revoke, a license if the applicant or licensee is a corporation or other business entity, and any of the following applies:
(1) Any of the directors, officers, managers, or controlling shareholders has been found guilty of any of the activities specified in divisions (C)(1) to (5) of this section;
(2) It appears to the director of the state lottery commission that, due to the experience or general fitness of any director, officer, manager, or controlling shareholder, the granting of a license as a lottery sales agent would be inconsistent with the public interest, convenience, or trust;
(3) The corporation or other business entity is not the owner or lessee of the business at which it would conduct a lottery sales agency pursuant to the license applied for;
(4) Any person, firm, association, or corporation other than the applicant or licensee shares or will share in the profits of the applicant or licensee, other than receiving dividends or distributions as a shareholder, or participates or will participate in the management of the affairs of the applicant or licensee.
(E)(1)
The director of the state lottery commission shall revoke a lottery
sales agent license if the applicant or licensee is or has been
convicted of a violation of division (A) or (C)(1)
(B)(1)
of
section 2913.46 of the Revised Code.
(2)
The director shall revoke the lottery sales agent license of a
corporation if the corporation is or has been convicted of a
violation of division (A)
or (C)(1) (B)(1)
of
section 2913.46 of the Revised Code.
(F) The director of the state lottery commission shall not refuse to issue a license to an applicant because of a conviction of an offense unless the refusal is in accordance with section 9.79 of the Revised Code.
(G) The director of the state lottery commission shall request the bureau of criminal identification and investigation, the department of public safety, or any other state, local, or federal agency to supply the director with the criminal records of any applicant for a lottery sales agent license, and may periodically request the criminal records of any person to whom a lottery sales agent license has been issued. At or prior to the time of making such a request, the director shall require an applicant or licensee to obtain fingerprint impressions on fingerprint cards prescribed by the superintendent of the bureau of criminal identification and investigation at a qualified law enforcement agency, and the director shall cause those fingerprint cards to be forwarded to the bureau of criminal identification and investigation, to the federal bureau of investigation, or to both bureaus. The commission shall assume the cost of obtaining the fingerprint cards.
The director shall pay to each agency supplying criminal records for each investigation a reasonable fee, as determined by the agency.
The commission may adopt uniform rules specifying time periods after which the persons described in divisions (C)(1) to (5) and (D)(1) to (4) of this section may be issued a license and establishing requirements for those persons to seek a court order to have records sealed in accordance with law.
(H)(1) Each applicant for a lottery sales agent license shall do both of the following:
(a) Pay fees to the state lottery commission, if required by rule adopted by the director under Chapter 119. of the Revised Code and the controlling board approves the fees;
(b) Prior to approval of the application, obtain a surety bond in an amount the director determines by rule adopted under Chapter 119. of the Revised Code or, alternatively, with the director's approval, deposit the same amount into a dedicated account for the benefit of the state lottery. The director also may approve the obtaining of a surety bond to cover part of the amount required, together with a dedicated account deposit to cover the remainder of the amount required. The director also may establish an alternative program or policy, with the approval of the commission by rule adopted under Chapter 119. of the Revised Code, that otherwise ensures the lottery's financial interests are adequately protected. If such an alternative program or policy is established, an applicant or lottery sales agent, subject to the director's approval, may be permitted to participate in the program or proceed under that policy in lieu of providing a surety bond or dedicated amount.
A surety bond may be with any company that complies with the bonding and surety laws of this state and the requirements established by rules of the commission pursuant to this chapter. A dedicated account deposit shall be conducted in accordance with policies and procedures the director establishes.
A surety bond, dedicated account, other established program or policy, or any combination of these resources, as applicable, may be used to pay for the lottery sales agent's failure to make prompt and accurate payments for lottery ticket sales, for missing or stolen lottery tickets, for damage to equipment or materials issued to the lottery sales agent, or to pay for expenses the commission incurs in connection with the lottery sales agent's license.
(2) A lottery sales agent license is effective for at least one year, but not more than three years.
A licensed lottery sales agent, on or before the date established by the director, shall renew the agent's license and provide at that time evidence to the director that the surety bond, dedicated account deposit, or both, required under division (H)(1)(b) of this section has been renewed or is active, whichever applies.
Before the commission renews a lottery sales agent license, the lottery sales agent shall submit a renewal fee to the commission, if one is required by rule adopted by the director under Chapter 119. of the Revised Code and the controlling board approves the renewal fee. The renewal fee shall not exceed the actual cost of administering the license renewal and processing changes reflected in the renewal application. The renewal of the license is effective for at least one year, but not more than three years.
(3) A lottery sales agent license shall be complete, accurate, and current at all times during the term of the license. Any changes to an original license application or a renewal application may subject the applicant or lottery sales agent, as applicable, to paying an administrative fee that shall be in an amount that the director determines by rule adopted under Chapter 119. of the Revised Code, and that the controlling board approves, and that shall not exceed the actual cost of administering and processing the changes to an application.
(4) The relationship between the commission and a lottery sales agent is one of trust. A lottery sales agent collects funds on behalf of the commission through the sale of lottery tickets for which the agent receives a compensation.
(I) Pending a final resolution of any question arising under this section, the director of the state lottery commission may issue a temporary lottery sales agent license, subject to the terms and conditions the director considers appropriate.
(J) If a lottery sales agent's rental payments for the lottery sales agent's premises are determined, in whole or in part, by the amount of retail sales the lottery sales agent makes, and if the rental agreement does not expressly provide that the amount of those retail sales includes the amounts the lottery sales agent receives from lottery ticket sales, only the amounts the lottery sales agent receives as compensation from the state lottery commission for selling lottery tickets shall be considered to be amounts the lottery sales agent receives from the retail sales the lottery sales agent makes, for the purpose of computing the lottery sales agent's rental payments.
Sec. 3772.99. (A) The commission shall levy and collect penalties for noncriminal violations of this chapter. Noncriminal violations include using the term "casino" in any advertisement in regard to a facility operating video lottery terminals, as defined in section 3770.21 of the Revised Code, in this state. Moneys collected from such penalty levies shall be credited to the general revenue fund.
(B) If a licensed casino operator, management company, holding company, gaming-related vendor, or key employee violates this chapter or engages in a fraudulent act, the commission may suspend or revoke the license and may do either or both of the following:
(1) Suspend, revoke, or restrict the casino gaming operations of a casino operator;
(2) Require the removal of a management company, key employee, or discontinuance of services from a gaming-related vendor.
(C) The commission shall impose civil penalties against a person who violates this chapter under the penalties adopted by commission rule.
(D) A person who purposely or knowingly does any of the following commits a misdemeanor of the first degree on the first offense and a felony of the fifth degree for a subsequent offense:
(1) Makes a false statement on an application submitted under this chapter;
(2) Permits a person less than twenty-one years of age to make a wager at a casino facility;
(3) Aids, induces, or causes a person less than twenty-one years of age who is not an employee of the casino gaming operation to enter or attempt to enter a casino facility;
(4) Enters or attempts to enter a casino facility while under twenty-one years of age, unless the person enters a designated area as described in section 3772.24 of the Revised Code;
(5) Is a casino operator or employee and participates in casino gaming at the casino facility at which the casino operator or employee has an interest or is employed or at an affiliated casino facility in this state other than as part of operation or employment.
(E) A person who purposely or knowingly does any of the following commits a felony of the fifth degree on a first offense and a felony of the fourth degree for a subsequent offense. If the person is a licensee under this chapter, the commission shall revoke the person's license after the first offense.
(1) Uses or possesses with the intent to use a device to assist in projecting the outcome of the casino game, keeping track of the cards played, analyzing the probability of the occurrence of an event relating to the casino game, or analyzing the strategy for playing or betting to be used in the casino game, except as permitted by the commission;
(2) Cheats at a casino game;
(3) Manufactures, sells, or distributes any cards, chips, dice, game, or device that is intended to be used to violate this chapter;
(4) Alters or misrepresents the outcome of a casino game on which wagers have been made after the outcome is made sure but before the outcome is revealed to the players;
(5) Places, increases, or decreases a wager on the outcome of a casino game after acquiring knowledge that is not available to all players and concerns the outcome of the casino game that is the subject of the wager;
(6) Aids a person in acquiring the knowledge described in division (E)(5) of this section for the purpose of placing, increasing, or decreasing a wager contingent on the outcome of a casino game;
(7) Claims, collects, takes, or attempts to claim, collect, or take money or anything of value in or from a casino game with the intent to defraud or without having made a wager contingent on winning a casino game;
(8) Claims, collects, or takes an amount of money or thing of value of greater value than the amount won in a casino game;
(9) Uses or possesses counterfeit chips, tokens, or cashless wagering instruments in or for use in a casino game;
(10) Possesses a key or device designed for opening, entering, or affecting the operation of a casino game, drop box, or an electronic or a mechanical device connected with the casino game or removing coins, tokens, chips, or other contents of a casino game. This division does not apply to a casino operator, management company, or gaming-related vendor or their agents and employees in the course of agency or employment.
(11) Possesses materials used to manufacture a device intended to be used in a manner that violates this chapter;
(12) Operates a casino gaming operation in which wagering is conducted or is to be conducted in a manner other than the manner required under this chapter or a skill-based amusement machine operation in a manner other than the manner required under Chapter 2915. of the Revised Code.
(F) The possession of more than one of the devices described in division (E)(9), (10), or (11) of this section creates a rebuttable presumption that the possessor intended to use the devices for cheating.
(G) A person who purposely or knowingly does any of the following commits a felony of the third degree. If the person is a licensee under this chapter, the commission shall revoke the person's license after the first offense. A public servant or party official who is convicted under this division is forever disqualified from holding any public office, employment, or position of trust in this state.
(1) Offers, promises, or gives anything of value or benefit to a person who is connected with the casino operator, management company, holding company, or gaming-related vendor, including their officers and employees, under an agreement to influence or with the intent to influence the actions of the person to whom the offer, promise, or gift was made in order to affect or attempt to affect the outcome of a casino game or an official action of a commission member, agent, or employee;
(2) Solicits, accepts, or receives a promise of anything of value or benefit while the person is connected with a casino, including an officer or employee of a casino operator, management company, or gaming-related vendor, under an agreement to influence or with the intent to influence the actions of the person to affect or attempt to affect the outcome of a casino game or an official action of a commission member, agent, or employee;
(H) A person who knowingly or intentionally does any of the following while participating in casino gaming or otherwise transacting with a casino facility as permitted by Chapter 3772. of the Revised Code commits a felony of the fifth degree on a first offense and a felony of the fourth degree for a subsequent offense:
(1) Causes or attempts to cause a casino facility to fail to file a report required under 31 U.S.C. 5313(a) or 5325 or any regulation prescribed thereunder or section 1315.53 of the Revised Code, or to fail to file a report or maintain a record required by an order issued under section 21 of the "Federal Deposit Insurance Act" or section 123 of Pub. L. No. 91-508;
(2) Causes or attempts to cause a casino facility to file a report required under 31 U.S.C. 5313(a) or 5325 or any regulation prescribed thereunder or section 1315.53 of the Revised Code, to file a report or to maintain a record required by any order issued under 31 U.S.C. 5326, or to maintain a record required under any regulation prescribed under section 21 of the "Federal Deposit Insurance Act" or section 123 of Pub. L. No. 91-508 that contains a material omission or misstatement of fact;
(3) With one or more casino facilities, structures a transaction, is complicit in structuring a transaction, attempts to structure a transaction, or is complicit in an attempt to structure a transaction.
(I) A person who is convicted of a felony described in this chapter may be barred for life from entering a casino facility by the commission.
(J) As used in division (H) of this section:
(1)
To be "complicit" means to engage in any conduct of a type
described in divisions
division
(A)(1)
to
(4) or
(2) of
section 2923.03 of the Revised Code.
(2) "Structure a transaction" has the same meaning as in section 1315.51 of the Revised Code.
(K) Premises used or occupied in violation of division (E)(12) of this section constitute a nuisance subject to abatement under Chapter 3767. of the Revised Code.
Sec. 3905.841. The following persons or classes of persons shall not act as surety bail bond agents or employees of a surety bail bond agent or bail bond business and shall not directly or indirectly receive any benefits from the execution of a bail bond, except as a principal:
(A) Jailers or other persons employed in a detention facility, as defined in section 2921.01 of the Revised Code;
(B) Prisoners incarcerated in any jail, prison, or any other place used for the incarceration of persons;
(C)
Peace officers as defined in division
(J) of section
2921.51
2921.01
of
the Revised Code, including volunteer or honorary peace officers, or
other employees of a law enforcement agency;
(D) Committing magistrates, judges, employees of a court, or employees of the clerk of any court;
(E) Attorneys or any person employed at an attorney's office;
(F) Any other persons having the power to arrest, or persons who have authority over or control of, federal, state, county, or municipal corporation prisoners.
Sec. 3999.21. (A) As used in this section:
(1)
"Deceptive," "insurer," "policy," and
"statement" have the same meanings as in division
(J) of section
2913.47
2913.01
of
the Revised Code.
(2) "Defraud" has the same meaning as in division (A)(2) of section 2913.01 of the Revised Code.
(B)
All applications for group or individual insurance issued by an
insurer and all claim forms issued by an insurer, for use by persons
in applying for insurance or submitting a claim for payment pursuant
to a policy or a claim for any other benefit pursuant to a policy,
shall clearly contain a warning substantially as follows: "Any
person who, with intent to defraud or knowing that
he
the
person
is
facilitating a fraud against an insurer, submits an application or
files a claim containing a false or deceptive statement is guilty of
insurance fraud."
(C) An insurer may comply with division (B) of this section by including the warning on an addendum to any application or claim form described in that division, if the addendum is attached to the form and satisfies the requirements set forth in that division.
(D) The absence of a warning as described in division (B) of this section does not constitute a defense in a prosecution for a violation of section 2913.47 or any other section of the Revised Code.
Sec. 4301.25. (A) The liquor control commission may suspend or revoke any permit issued under this chapter or Chapter 4303. of the Revised Code for the violation of any of the applicable restrictions of either chapter or of any lawful rule of the commission, for other sufficient cause, and for the following causes:
(1) Conviction of the holder or the holder's agent or employee for violating division (B) of section 2907.39 of the Revised Code or a section of this chapter or Chapter 4303. of the Revised Code or for a felony;
(2) The entry of a judgment pursuant to division (D) or (E) of section 3767.05 of the Revised Code against a permit holder or the holder's agent or employee finding the existence of a nuisance at a liquor permit premises or finding the existence of a nuisance as a result of the operation of a liquor permit premises;
(3) Making any false material statement in an application for a permit;
(4) Assigning, transferring, or pledging a permit contrary to the rules of the commission;
(5) Selling or promising to sell beer or intoxicating liquor to a wholesale or retail dealer who is not the holder of a proper permit at the time of the sale or promise;
(6) Failure of the holder of a permit to pay an excise tax together with any penalties imposed by the law relating to that failure and for violation of any rule of the department of taxation in pursuance of the tax and penalties.
(B)
The liquor control commission shall revoke a permit issued pursuant
to this chapter or Chapter 4303. of the Revised Code upon the
conviction of the holder of the permit of a violation of division
(C)(1)(B)(1)
of
section 2913.46 of the Revised Code.
(C)(1) When the commission considers the length of a suspension of a permit, it may consider the volume of the business of the permit holder, so that the length of the suspension is in proportion to the seriousness of the offense and the permit holder's business in order that the suspension serve as a penalty and a deterrent. Evidence as to the volume of business of the permit holder may be offered by the permit holder or subpoenaed by the commission.
(2) When the commission considers the length of a proposed suspension of a permit and the proposed suspension results from an offense that was committed during a compliance check as defined in section 4301.635 of the Revised Code, the commission may consider whether trickery, deceit, or deception was used in the conduct of the compliance check.
Sec. 4303.292. (A) The division of liquor control may refuse to issue, transfer the ownership of, or renew, and shall refuse to transfer the location of, any retail permit issued under this chapter if it finds either of the following:
(1) That the applicant, or any partner, member, officer, director, or manager of the applicant, or, if the applicant is a corporation or limited liability company, any shareholder owning five per cent or more of the applicant's capital stock in the corporation or any member owning five per cent or more of either the voting interests or membership interests in the limited liability company:
(a) Has been convicted at any time of a crime that relates to fitness to operate a liquor establishment;
(b) Has operated liquor permit businesses in a manner that demonstrates a disregard for the laws, regulations, or local ordinances of this state or any other state;
(c) Has misrepresented a material fact in applying to the division for a permit; or
(d) Is in the habit of using alcoholic beverages or dangerous drugs to excess, or is addicted to the use of narcotics.
(2) That the place for which the permit is sought:
(a) Does not conform to the building, safety, or health requirements of the governing body of the county or municipal corporation in which the place is located. As used in division (A)(2)(a) of this section, "building, safety, or health requirements" does not include local zoning ordinances. The validity of local zoning regulations shall not be affected by this section.
(b) Is so constructed or arranged that law enforcement officers and duly authorized agents of the division are prevented from reasonable access to rooms within which beer or intoxicating liquor is to be sold or consumed;
(c) Is so located with respect to the neighborhood that substantial interference with public decency, sobriety, peace, or good order would result from the issuance, renewal, transfer of location, or transfer of ownership of the permit and operation under it by the applicant; or
(d) Has been declared a nuisance pursuant to Chapter 3767. of the Revised Code since the time of the most recent issuance, renewal, or transfer of ownership or location of the liquor permit.
(B) The division of liquor control may refuse to issue or transfer the ownership of, and shall refuse to transfer the location of, any retail permit issued under this chapter if it finds either of the following:
(1) That the place for which the permit is sought is so situated with respect to any school, church, library, public playground, or hospital that the operation of the liquor establishment will substantially and adversely affect or interfere with the normal, orderly conduct of the affairs of those facilities or institutions;
(2) That the number of permits already existent in the neighborhood is such that the issuance or transfer of location of a permit would be detrimental to and substantially interfere with the morals, safety, or welfare of the public. In reaching a conclusion in this respect, the division shall consider, in light of the purposes of this chapter and Chapters 4301. and 4399. of the Revised Code, the character and population of the neighborhood, the number and location of similar permits in the neighborhood, the number and location of all other permits in the neighborhood, and the effect the issuance or transfer of location of a permit would have on the neighborhood.
(C) The division of liquor control shall not transfer the location or transfer the ownership and location of a permit under division (B)(2)(b) of section 4303.29 of the Revised Code unless the permit is transferred to an economic development project.
(D)
The division of liquor control shall refuse to issue, renew, transfer
the ownership of, or transfer the location of a retail permit under
this chapter if the applicant is or has been convicted of a violation
of division (C)(1)(B)(1)
of
section 2913.46 of the Revised Code.
(E)
The division of liquor control shall refuse to transfer the ownership
of or transfer the location of a retail permit under this chapter
while criminal proceedings are pending against the holder of the
permit for a violation of division (C)(1)(B)(1)
of
section 2913.46 of the Revised Code. The department of public safety
shall notify the division whenever criminal proceedings have
commenced for a violation of division (C)(1)(B)(1)
of
section 2913.46 of the Revised Code.
(F) The division of liquor control shall refuse to issue, renew, or transfer the ownership or location of a retail permit under this chapter if the applicant has been found to be maintaining a nuisance under section 3767.05 of the Revised Code at the premises for which the issuance, renewal, or transfer of ownership or location of the retail permit is sought.
Sec. 4507.08. (A) No probationary license shall be issued to any person under the age of eighteen who has been adjudicated an unruly or delinquent child or a juvenile traffic offender for having committed any act that if committed by an adult would be a drug abuse offense, as defined in section 2925.01 of the Revised Code, a violation of division (B) of section 2917.11, or a violation of division (A) of section 4511.19 of the Revised Code, unless the person has been required by the court to attend a drug abuse or alcohol abuse education, intervention, or treatment program specified by the court and has satisfactorily completed the program.
(B) No temporary instruction permit or driver's license shall be issued to any person whose license has been suspended, during the period for which the license was suspended, nor to any person whose license has been canceled, under Chapter 4510. or any other provision of the Revised Code.
(C) No temporary instruction permit or driver's license shall be issued to any person whose commercial driver's license is suspended under Chapter 4510. or any other provision of the Revised Code during the period of the suspension.
No temporary instruction permit or driver's license shall be issued to any person when issuance is prohibited by division (A) of section 4507.091 of the Revised Code.
(D) No temporary instruction permit or driver's license shall be issued to, or retained by, any of the following persons:
(1) Any person who is an alcoholic, or is addicted to the use of controlled substances to the extent that the use constitutes an impairment to the person's ability to operate a motor vehicle with the required degree of safety;
(2) Any person who is under the age of eighteen and has been adjudicated an unruly or delinquent child or a juvenile traffic offender for having committed any act that if committed by an adult would be a drug abuse offense, as defined in section 2925.01 of the Revised Code, a violation of division (B) of section 2917.11, or a violation of division (A) of section 4511.19 of the Revised Code, unless the person has been required by the court to attend a drug abuse or alcohol abuse education, intervention, or treatment program specified by the court and has satisfactorily completed the program;
(3) Any person who, in the opinion of the registrar, is afflicted with or suffering from a physical or mental disability or disease that prevents the person from exercising reasonable and ordinary control over a motor vehicle while operating the vehicle upon the highways, except that a restricted license effective for six months may be issued to any person otherwise qualified who is or has been subject to any condition resulting in episodic impairment of consciousness or loss of muscular control and whose condition, in the opinion of the registrar, is dormant or is sufficiently under medical control that the person is capable of exercising reasonable and ordinary control over a motor vehicle. A restricted license effective for six months shall be issued to any person who otherwise is qualified and who is subject to any condition that causes episodic impairment of consciousness or a loss of muscular control if the person presents a statement from a licensed physician that the person's condition is under effective medical control and the period of time for which the control has been continuously maintained, unless, thereafter, a medical examination is ordered and, pursuant thereto, cause for denial is found.
A person to whom a six-month restricted license has been issued shall give notice of the person's medical condition to the registrar on forms provided by the registrar and signed by the licensee's physician. The notice shall be sent to the registrar six months after the issuance of the license. Subsequent restricted licenses issued to the same individual shall be effective for six months.
(4) Any person who is unable to understand highway warnings or traffic signs or directions given in the English language;
(5) Any person making an application whose driver's license or driving privileges are under cancellation, revocation, or suspension in the jurisdiction where issued or any other jurisdiction, until the expiration of one year after the license was canceled or revoked or until the period of suspension ends. Any person whose application is denied under this division may file a petition in the municipal court or county court in whose jurisdiction the person resides agreeing to pay the cost of the proceedings and alleging that the conduct involved in the offense that resulted in suspension, cancellation, or revocation in the foreign jurisdiction would not have resulted in a suspension, cancellation, or revocation had the offense occurred in this state. If the petition is granted, the petitioner shall notify the registrar by a certified copy of the court's findings and a license shall not be denied under this division.
(6)
Any person who is under a class one or two suspension imposed for a
violation of section 2903.01, 2903.02, 2903.04, 2903.06, 2903.08,
2903.11, or
2921.331,
or 2923.02 of
the Revised Code or whose driver's or commercial driver's license or
permit was permanently revoked prior to January 1, 2004, for a
substantially equivalent violation pursuant to section 4507.16 of the
Revised Code;
(7) Any person who is not a resident or temporary resident of this state.
(E) No person whose driver's license or permit has been suspended under Chapter 4510. of the Revised Code or any other provision of the Revised Code shall have driving privileges reinstated if the registrar determines that a warrant has been issued in this state or any other state for the person's arrest and that warrant is an active warrant.
Sec. 4508.06. (A) The director of public safety may refuse to issue, or may suspend or revoke, a license or may impose a fine of not more than ten thousand dollars per occurrence in any case in which the director finds the applicant or licensee has violated any of the provisions of this chapter, or any of the rules adopted by the director, or has failed to pay a fine imposed under this division. No person whose license has been suspended or revoked under this section shall fail to return the license to the director.
(B) In addition to the reasons for a suspension under division (A) of this section, the director may suspend a driver training instructor license without a prior hearing if the director believes there exists clear and convincing evidence of any of the following:
(1) The license holder has engaged in conduct that presents a clear and present danger to a student or students.
(2) The license holder has engaged in inappropriate contact with a student. "Inappropriate contact" means any of the following:
(a) Causing or attempting to cause "physical harm," as defined in division (A)(3) of section 2901.01 of the Revised Code;
(b) "Sexual activity," as defined in division (C) of section 2907.01 of the Revised Code;
(c)
Engaging in any communication, either directly or through
"telecommunication," as defined in division (X)
(A)(24)
of
section 2913.01 of the Revised Code, that is of a sexual nature or
intended to abuse, threaten, or harass the student.
(3) The license holder has been convicted of a felony, or a misdemeanor that directly relates to the fitness of that person to provide driving instruction.
(C) In addition to the reasons for a suspension under division (A) of this section, the director may suspend a driver training school license without a prior hearing if the director believes there exists clear and convincing evidence of any of the following:
(1) There exists a clear and present danger to the health, safety, or welfare of students should the school be permitted to continue operation.
(2) At the time the contract for training was signed, there was no intention to provide training, or no ability to provide training to students.
(3) Any school official knowingly allowed inappropriate contact, as defined in division (B)(2) of this section, between instructors and students.
(D) Immediately following a decision to impose a suspension without a prior hearing under division (B) or (C) of this section, the director, in accordance with section 119.07 of the Revised Code, shall issue a written order of suspension, cause it to be delivered to the license holder, and notify the license holder of the opportunity for a hearing. If timely requested by the license holder, a hearing shall be conducted in accordance with Chapter 119. of the Revised Code.
(E) The director shall deposit all fines collected under division (A) of this section into the state treasury to the credit of the public safety - highway purposes fund created by section 4501.06 of the Revised Code.
(F) Whoever fails to return a license that has been suspended or revoked under division (A), (B), or (C) of this section is guilty of failing to return a suspended or revoked license, a minor misdemeanor or, on a second or subsequent offense within two years after the first offense, a misdemeanor of the fourth degree.
Sec. 4510.13. (A)(1) Divisions (A)(2) to (9) of this section apply to a judge or mayor regarding the suspension of, or the grant of limited driving privileges during a suspension of, an offender's driver's or commercial driver's license or permit or nonresident operating privilege imposed under division (G) or (H) of section 4511.19 of the Revised Code, under division (B) or (C) of section 4511.191 of the Revised Code, or under section 4510.07 of the Revised Code for a conviction of a violation of a municipal OVI ordinance.
(2) No judge or mayor shall suspend the following portions of the suspension of an offender's driver's or commercial driver's license or permit or nonresident operating privilege imposed under division (G) or (H) of section 4511.19 of the Revised Code or under section 4510.07 of the Revised Code for a conviction of a violation of a municipal OVI ordinance, provided that division (A)(2) of this section does not limit a court or mayor in crediting any period of suspension imposed pursuant to division (B) or (C) of section 4511.191 of the Revised Code against any time of judicial suspension imposed pursuant to section 4511.19 or 4510.07 of the Revised Code, as described in divisions (B)(2) and (C)(2) of section 4511.191 of the Revised Code:
(a) The first six months of a suspension imposed under division (G)(1)(a) of section 4511.19 of the Revised Code or of a comparable length suspension imposed under section 4510.07 of the Revised Code;
(b) The first year of a suspension imposed under division (G)(1)(b) or (c) of section 4511.19 of the Revised Code or of a comparable length suspension imposed under section 4510.07 of the Revised Code;
(c) The first three years of a suspension imposed under division (G)(1)(d) or (e) of section 4511.19 of the Revised Code or of a comparable length suspension imposed under section 4510.07 of the Revised Code;
(d) The first sixty days of a suspension imposed under division (H) of section 4511.19 of the Revised Code or of a comparable length suspension imposed under section 4510.07 of the Revised Code.
(3) No judge or mayor shall grant limited driving privileges to an offender whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended under division (G) or (H) of section 4511.19 of the Revised Code, under division (C) of section 4511.191 of the Revised Code, or under section 4510.07 of the Revised Code for a municipal OVI conviction if the offender, within the preceding ten years, has been convicted of or pleaded guilty to three or more violations of one or more of the Revised Code sections, municipal ordinances, statutes of the United States or another state, or municipal ordinances of a municipal corporation of another state that are identified in divisions (G)(2)(b) to (h) of section 2919.22 of the Revised Code.
Additionally, no judge or mayor shall grant limited driving privileges to an offender whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended under division (B) of section 4511.191 of the Revised Code if the offender, within the preceding ten years, has refused three previous requests to consent to a chemical test of the person's whole blood, blood serum or plasma, breath, or urine to determine its alcohol content.
(4) No judge or mayor shall grant limited driving privileges for employment as a driver of commercial motor vehicles to an offender whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended under division (G) or (H) of section 4511.19 of the Revised Code, under division (B) or (C) of section 4511.191 of the Revised Code, or under section 4510.07 of the Revised Code for a municipal OVI conviction if the offender is disqualified from operating a commercial motor vehicle, or whose license or permit has been suspended, under section 3123.58 or 4506.16 of the Revised Code.
(5) No judge or mayor shall grant limited driving privileges to an offender whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended under division (G) or (H) of section 4511.19 of the Revised Code, under division (C) of section 4511.191 of the Revised Code, or under section 4510.07 of the Revised Code for a conviction of a violation of a municipal OVI ordinance during any of the following periods of time:
(a) The first fifteen days of a suspension imposed under division (G)(1)(a) of section 4511.19 of the Revised Code or a comparable length suspension imposed under section 4510.07 of the Revised Code, or of a suspension imposed under division (C)(1)(a) of section 4511.191 of the Revised Code. On or after the sixteenth day of the suspension, the court may grant limited driving privileges, but the court may require that the offender shall not exercise the privileges unless the vehicles the offender operates are equipped with immobilizing or disabling devices that monitor the offender's alcohol consumption or any other type of immobilizing or disabling devices, except as provided in division (C) of section 4510.43 of the Revised Code.
(b) The first forty-five days of a suspension imposed under division (C)(1)(b) of section 4511.191 of the Revised Code. On or after the forty-sixth day of suspension, the court may grant limited driving privileges, but the court may require that the offender shall not exercise the privileges unless the vehicles the offender operates are equipped with immobilizing or disabling devices that monitor the offender's alcohol consumption or any other type of immobilizing or disabling devices, except as provided in division (C) of section 4510.43 of the Revised Code.
(c) The first sixty days of a suspension imposed under division (H) of section 4511.19 of the Revised Code or a comparable length suspension imposed under section 4510.07 of the Revised Code.
(d) The first one hundred eighty days of a suspension imposed under division (C)(1)(c) of section 4511.191 of the Revised Code. On or after the one hundred eighty-first day of suspension, the court may grant limited driving privileges, and either of the following applies:
(i) If the underlying arrest is alcohol-related, the court shall issue an order that, except as provided in division (C) of section 4510.43 of the Revised Code, for the remainder of the period of suspension the offender shall not exercise the privileges unless the vehicles the offender operates are equipped with a certified ignition interlock device.
(ii) If the underlying arrest is drug-related, the court in its discretion may issue an order that, except as provided in division (C) of section 4510.43 of the Revised Code, for the remainder of the period of suspension the offender shall not exercise the privileges unless the vehicles the offender operates are equipped with a certified ignition interlock device.
(e) The first forty-five days of a suspension imposed under division (G)(1)(b) of section 4511.19 of the Revised Code or a comparable length suspension imposed under section 4510.07 of the Revised Code. On or after the forty-sixth day of the suspension, the court may grant limited driving privileges, and either of the following applies:
(i) If the underlying conviction is alcohol-related, the court shall issue an order that, except as provided in division (C) of section 4510.43 of the Revised Code, for the remainder of the period of suspension the offender shall not exercise the privileges unless the vehicles the offender operates are equipped with a certified ignition interlock device.
(ii) If the underlying conviction is drug-related, the court in its discretion may issue an order that, except as provided in division (C) of section 4510.43 of the Revised Code, for the remainder of the period of suspension the offender shall not exercise the privileges unless the vehicles the offender operates are equipped with a certified ignition interlock device.
If a court grants limited driving privileges under division (A)(5)(e) of this section, the court may issue an order terminating an immobilization order issued pursuant to division (G)(1)(b)(v) of section 4511.19 of the Revised Code to take effect concurrently with the granting of limited driving privileges. The court shall send notice of the termination of the immobilization order to the registrar of motor vehicles.
Upon receiving information that an offender violated any condition imposed by the court at the time an immobilization order was terminated under this section, the court may hold a hearing and, in its discretion, issue an order reinstating the immobilization order for the balance of the immobilization period that remained when the court originally ordered the termination of the immobilization order. The court may issue the order only upon a showing of good cause that the offender violated any condition imposed by the court. The court shall send notice of the reinstatement of the immobilization order to the registrar.
(f) The first one hundred eighty days of a suspension imposed under division (G)(1)(c) of section 4511.19 of the Revised Code or a comparable length suspension imposed under section 4510.07 of the Revised Code. On or after the one hundred eighty-first day of the suspension, the court may grant limited driving privileges, and either of the following applies:
(i) If the underlying conviction is alcohol-related, the court shall issue an order that, except as provided in division (C) of section 4510.43 of the Revised Code, for the remainder of the period of suspension the offender shall not exercise the privileges unless the vehicles the offender operates are equipped with a certified ignition interlock device.
(ii) If the underlying conviction is drug-related, the court in its discretion may issue an order that, except as provided in division (C) of section 4510.43 of the Revised Code, for the remainder of the period of suspension the offender shall not exercise the privileges unless the vehicles the offender operates are equipped with a certified ignition interlock device.
(g) The first three years of a suspension imposed under division (G)(1)(d) or (e) of section 4511.19 of the Revised Code or a comparable length suspension imposed under section 4510.07 of the Revised Code, or of a suspension imposed under division (C)(1)(d) of section 4511.191 of the Revised Code. On or after the first three years of suspension, the court may grant limited driving privileges, and either of the following applies:
(i) If the underlying conviction is alcohol-related, the court shall issue an order that, except as provided in division (C) of section 4510.43 of the Revised Code, for the remainder of the period of suspension the offender shall not exercise the privileges unless the vehicles the offender operates are equipped with a certified ignition interlock device.
(ii) If the underlying conviction is drug-related, the court in its discretion may issue an order that, except as provided in division (C) of section 4510.43 of the Revised Code, for the remainder of the period of suspension the offender shall not exercise the privileges unless the vehicles the offender operates are equipped with a certified ignition interlock device.
(6) No judge or mayor shall grant limited driving privileges to an offender whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended under division (B) of section 4511.191 of the Revised Code during any of the following periods of time:
(a) The first thirty days of suspension imposed under division (B)(1)(a) of section 4511.191 of the Revised Code;
(b) The first ninety days of suspension imposed under division (B)(1)(b) of section 4511.191 of the Revised Code;
(c) The first year of suspension imposed under division (B)(1)(c) of section 4511.191 of the Revised Code;
(d) The first three years of suspension imposed under division (B)(1)(d) of section 4511.191 of the Revised Code.
(7) In any case in which a judge or mayor grants limited driving privileges to an offender whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended under division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised Code, under division (G)(1)(a) or (b) of section 4511.19 of the Revised Code for a violation of division (A)(1)(f), (g), (h), or (i) of that section, or under section 4510.07 of the Revised Code for a municipal OVI conviction for which sentence would have been imposed under division (G)(1)(a)(ii) or (G)(1)(b)(ii) or (G)(1)(c), (d), or (e) of section 4511.19 of the Revised Code had the offender been charged with and convicted of a violation of section 4511.19 of the Revised Code instead of a violation of the municipal OVI ordinance, the judge or mayor shall impose as a condition of the privileges that the offender must display on the vehicle that is driven subject to the privileges restricted license plates that are issued under section 4503.231 of the Revised Code, except as provided in division (B) of that section.
(8) In any case in which an offender is required by a court under this section to operate a motor vehicle that is equipped with a certified ignition interlock device and either the offender commits an ignition interlock device violation as defined under section 4510.46 of the Revised Code or the offender operates a motor vehicle that is not equipped with a certified ignition interlock device, the following applies:
(a) If the offender was sentenced under division (G)(1)(a) or (b) or division (H) of section 4511.19 of the Revised Code, on a first instance the court may require the offender to wear a monitor that provides continuous alcohol monitoring that is remote. On a second instance, the court shall require the offender to wear a monitor that provides continuous alcohol monitoring that is remote for a minimum of forty days. On a third instance or more, the court shall require the offender to wear a monitor that provides continuous alcohol monitoring that is remote for a minimum of sixty days.
(b) If the offender was sentenced under division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised Code, on a first instance the court shall require the offender to wear a monitor that provides continuous alcohol monitoring that is remote for a minimum of forty days. On a second instance or more, the court shall require the offender to wear a monitor that provides continuous alcohol monitoring that is remote for a minimum of sixty days.
(c) The court may increase the period of suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege from that originally imposed by the court by a factor of two and may increase the period of time during which the offender will be prohibited from exercising any limited driving privileges granted to the offender unless the vehicles the offender operates are equipped with a certified ignition interlock device by a factor of two. The limitation under division (E) of section 4510.46 of the Revised Code applies to an increase under division (A)(8)(c) of this section.
(d) If the violation occurred within sixty days of the end of the suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege and the court does not impose an increase in the period of the suspension under division (A)(8)(c) of this section, the court shall proceed as follows:
(i) Issue an order extending the period of suspension and the grant of limited driving privileges with a required certified ignition interlock device so that the suspension terminates sixty days from the date the offender committed that violation.
(ii) For each violation subsequent to a violation for which an extension was ordered under division (A)(8)(d)(i) of this section, issue an order extending the period of suspension and the grant of limited driving privileges with a required certified ignition interlock device so that the suspension terminates sixty days from the date the offender committed that violation.
The registrar of motor vehicles is prohibited from reinstating an offender's license unless the applicable period of suspension has been served and no ignition interlock device violations have been committed within the sixty days prior to the application for reinstatement.
(9) At the time the court issues an order under this section requiring an offender to use an ignition interlock device, the court shall provide notice to the offender of each action the court is authorized or required to take under division (A)(8) of this section if the offender circumvents or tampers with the device or in any case in which the court receives notice pursuant to section 4510.46 of the Revised Code that a device prevented an offender from starting a motor vehicle.
(10) In any case in which the court issues an order under this section prohibiting an offender from exercising limited driving privileges unless the vehicles the offender operates are equipped with an immobilizing or disabling device, including a certified ignition interlock device, or requires an offender to wear a monitor that provides continuous alcohol monitoring that is remote, the court shall impose an additional court cost of two dollars and fifty cents upon the offender. The court shall not waive the payment of the two dollars and fifty cents unless the court determines that the offender is indigent and waives the payment of all court costs imposed upon the indigent offender. The clerk of court shall transmit one hundred per cent of this mandatory court cost collected during a month on or before the twenty-third day of the following month to the state treasury to be credited to the public safety - highway purposes fund created under section 4501.06 of the Revised Code, to be used by the department of public safety to cover costs associated with maintaining the habitual OVI/OMWI offender registry created under section 5502.10 of the Revised Code. In its discretion the court may impose an additional court cost of two dollars and fifty cents upon the offender. The clerk of court shall retain this discretionary two dollar and fifty cent court cost, if imposed, and shall deposit it in the court's special projects fund that is established under division (E)(1) of section 2303.201, division (B)(1) of section 1901.26, or division (B)(1) of section 1907.24 of the Revised Code.
(B) Any person whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended pursuant to section 4511.19 or 4511.191 of the Revised Code or under section 4510.07 of the Revised Code for a violation of a municipal OVI ordinance may file a petition for limited driving privileges during the suspension. The person shall file the petition in the court that has jurisdiction over the place of arrest. Subject to division (A) of this section, the court may grant the person limited driving privileges during the period during which the suspension otherwise would be imposed. However, the court shall not grant the privileges for employment as a driver of a commercial motor vehicle to any person who is disqualified from operating a commercial motor vehicle under section 4506.16 of the Revised Code or during any of the periods prescribed by division (A) of this section.
(C)(1)
After a driver's or commercial driver's license or permit or
nonresident operating privilege has been suspended pursuant to
section 2903.06, 2903.08, 2903.11, 2921.331, 2923.02,
2929.02,
4511.19, 4511.251, 4549.02, 4549.021, or 5743.99 of the Revised Code,
any provision of Chapter 2925. of the Revised Code, or section
4510.07 of the Revised Code for a violation of a municipal OVI
ordinance, the judge of the court or mayor of the mayor's court that
suspended the license, permit, or privilege shall cause the offender
to deliver to the court the license or permit. The judge, mayor, or
clerk of the court or mayor's court shall forward to the registrar
the license or permit together with notice of the action of the
court.
(2) A suspension of a commercial driver's license under any section or chapter identified in division (C)(1) of this section shall be concurrent with any period of suspension or disqualification under section 3123.58 or 4506.16 of the Revised Code. No person who is disqualified for life from holding a commercial driver's license under section 4506.16 of the Revised Code shall be issued a driver's license under this chapter during the period for which the commercial driver's license was suspended under this section, and no person whose commercial driver's license is suspended under any section or chapter identified in division (C)(1) of this section shall be issued a driver's license under Chapter 4507. of the Revised Code during the period of the suspension.
(3)
No judge or mayor shall suspend any class one suspension, or any
portion of any class one suspension, imposed under section 2903.04,
2903.06, 2903.08, or 2921.331 of the Revised Code. No judge or mayor
shall suspend the first thirty days of any class two, class three,
class four, class five, or class six suspension imposed under section
2903.06, 2903.08, 2903.11, 2923.02,
or
2929.02 of the Revised Code.
(D) The judge of the court or mayor of the mayor's court shall credit any time during which an offender was subject to an administrative suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege imposed pursuant to section 4511.191 or 4511.192 of the Revised Code or a suspension imposed by a judge, referee, or mayor pursuant to division (B)(1) or (2) of section 4511.196 of the Revised Code against the time to be served under a related suspension imposed pursuant to any section or chapter identified in division (C)(1) of this section.
(E) The judge or mayor shall notify the bureau of motor vehicles of any determinations made pursuant to this section and of any suspension imposed pursuant to any section or chapter identified in division (C)(1) of this section.
(F)(1) If a court issues an order under this section granting limited driving privileges and requiring an offender to use an immobilizing or disabling device, the order shall authorize the offender during the specified period to operate a motor vehicle only if it is equipped with such a device, except as provided in division (C) of section 4510.43 of the Revised Code. The court shall provide the offender with a copy of the order for purposes of obtaining a restricted license and shall submit a copy of the order to the registrar of motor vehicles.
(2) An offender shall present to the registrar or to a deputy registrar the copy of an immobilizing or disabling device order issued under this section and a certificate affirming the installation of an immobilizing or disabling device that is in a form established by the director of public safety and that is signed by the person who installed the device. Upon presentation of the order and certificate to the registrar or a deputy registrar, the registrar or deputy registrar shall issue the offender a restricted license, unless the offender's driver's or commercial driver's license or permit is suspended under any other provision of law and limited driving privileges have not been granted with regard to that suspension. A restricted license issued under this division shall be identical to an Ohio driver's license, except that it shall have printed on its face a statement that the offender is prohibited from operating any motor vehicle that is not equipped with an immobilizing or disabling device in violation of the order.
(3)(a) No person who has been granted limited driving privileges subject to an immobilizing or disabling device order under this section shall operate a motor vehicle prior to obtaining a restricted license. Any person who violates this prohibition is subject to the penalties prescribed in section 4510.14 of the Revised Code.
(b) The offense established under division (F)(3)(a) of this section is a strict liability offense and section 2901.20 of the Revised Code does not apply.
Sec. 4510.54. (A) Except as provided in division (F) of this section, a person whose driver's or commercial driver's license has been suspended for life under a class one suspension or as otherwise provided by law or has been suspended for a period in excess of fifteen years under a class two suspension may file a motion with the sentencing court for modification or termination of the suspension. The person filing the motion shall demonstrate all of the following:
(1)(a) If the person's license was suspended as a result of the person pleading guilty to or being convicted of a felony, at least fifteen years have elapsed since the suspension began or, if the person's license was suspended under division (B)(2)(d) of section 2903.06 of the Revised Code, at least fifteen years have elapsed since the person was released from prison, and, for the past fifteen years, the person has not been found guilty of any of the following:
(i) A felony;
(ii) An offense involving a moving violation under federal law, the law of this state, or the law of any of its political subdivisions;
(iii) A violation of a suspension under this chapter or a substantially equivalent municipal ordinance.
(b) If the person's license was suspended as a result of the person pleading guilty to or being convicted of a misdemeanor, at least five years have elapsed since the suspension began, and, for the past five years, the person has not been found guilty of any of the following:
(i) An offense involving a moving violation under the law of this state, the law of any of its political subdivisions, or federal law;
(ii) A violation of section 2903.06 or 2903.08 of the Revised Code;
(iii) A violation of a suspension under this chapter or a substantially equivalent municipal ordinance.
(2) The person has proof of financial responsibility, a policy of liability insurance in effect that meets the minimum standard set forth in section 4509.51 of the Revised Code, or proof, to the satisfaction of the registrar of motor vehicles, that the person is able to respond in damages in an amount at least equal to the minimum amounts specified in that section.
(3) If the suspension was imposed because the person was under the influence of alcohol, a drug of abuse, or combination of them at the time of the offense or because at the time of the offense the person's whole blood, blood serum or plasma, breath, or urine contained at least the concentration of alcohol specified in division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the Revised Code or at least the concentration of a listed controlled substance or a listed metabolite of a controlled substance specified in division (A)(1)(j) of section 4511.19 of the Revised Code, all of the following apply to the person:
(a) The person successfully completed an alcohol, drug, or alcohol and drug treatment program.
(b) The person has not abused alcohol or other drugs for a period satisfactory to the court.
(c) For the past fifteen years, the person has not been found guilty of any alcohol-related or drug-related offense.
(B) Upon receipt of a motion for modification or termination of the suspension under this section, the court may schedule a hearing on the motion. The court may deny the motion without a hearing but shall not grant the motion without a hearing. If the court denies a motion without a hearing, the court may consider a subsequent motion filed under this section by that person. If a court denies the motion after a hearing, the court shall not consider a subsequent motion for that person. The court shall hear only one motion filed by a person under this section. If scheduled, the hearing shall be conducted in open court within ninety days after the date on which the motion is filed.
(C) The court shall notify the person whose license was suspended and the prosecuting attorney of the date, time, and location of the hearing. Upon receipt of the notice from the court, the prosecuting attorney shall notify the victim or the victim's representative of the date, time, and location of the hearing.
(D) At any hearing under this section, the person who seeks modification or termination of the suspension has the burden to demonstrate, under oath, that the person meets the requirements of division (A) of this section. At the hearing, the court shall afford the offender or the offender's counsel an opportunity to present oral or written information relevant to the motion. The court shall afford a similar opportunity to provide relevant information to the prosecuting attorney and the victim or victim's representative.
Before ruling on the motion, the court shall take into account the person's driving record, the nature of the offense that led to the suspension, and the impact of the offense on any victim. In addition, if the offender is eligible for modification or termination of the suspension under division (A)(1)(a) of this section, the court shall consider whether the person committed any other offense while under suspension and determine whether the offense is relevant to a determination under this section. The court may modify or terminate the suspension subject to any considerations it considers proper if it finds that allowing the person to drive is not likely to present a danger to the public. After the court makes a ruling on a motion filed under this section, the prosecuting attorney shall notify the victim or the victim's representative of the court's ruling.
(E) If a court modifies a person's license suspension under this section and the person subsequently is found guilty of any moving violation or of any substantially equivalent municipal ordinance that carries as a possible penalty the suspension of a person's driver's or commercial driver's license, the court may reimpose the class one or other lifetime suspension, or the class two suspension, whichever is applicable.
(F)
This section does not apply to any person whose driver's or
commercial driver's license or permit or nonresident operating
privilege has been suspended for life under a class one suspension
imposed under division (B)(3) of section 2903.06 or section 2903.08
of the Revised Code or a class two suspension imposed under division
(C) of section 2903.06 or section 2903.11,
2923.02,
or
2929.02 of the Revised Code.
(G) As used in this section, "released from prison" means a person's physical release from a jail or prison as defined in section 2929.01 of the Revised Code.
Sec. 4511.204. (A) No person shall drive a motor vehicle, trackless trolley, or streetcar on any street, highway, or property open to the public for vehicular traffic while using a handheld electronic wireless communications device to write, send, or read a text-based communication.
(B) Division (A) of this section does not apply to any of the following:
(1) A person using a handheld electronic wireless communications device in that manner for emergency purposes, including an emergency contact with a law enforcement agency, hospital or health care provider, fire department, or other similar emergency agency or entity;
(2) A person driving a public safety vehicle who uses a handheld electronic wireless communications device in that manner in the course of the person's duties;
(3) A person using a handheld electronic wireless communications device in that manner whose motor vehicle is in a stationary position and who is outside a lane of travel;
(4) A person reading, selecting, or entering a name or telephone number in a handheld electronic wireless communications device for the purpose of making or receiving a telephone call;
(5) A person receiving wireless messages on a device regarding the operation or navigation of a motor vehicle; safety-related information, including emergency, traffic, or weather alerts; or data used primarily by the motor vehicle;
(6) A person receiving wireless messages via radio waves;
(7) A person using a device for navigation purposes;
(8) A person conducting wireless interpersonal communication with a device that does not require manually entering letters, numbers, or symbols or reading text messages, except to activate, deactivate, or initiate the device or a feature or function of the device;
(9) A person operating a commercial truck while using a mobile data terminal that transmits and receives data;
(10) A person using a handheld electronic wireless communications device in conjunction with a voice-operated or hands-free device feature or function of the vehicle.
(C)(1) Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of an automobile being operated on any street or highway to stop the automobile for the sole purpose of determining whether a violation of division (A) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation, or summons for a violation of that nature or causing the arrest of or commencing a prosecution of a person for a violation of that nature, and no law enforcement officer shall view the interior or visually inspect any automobile being operated on any street or highway for the sole purpose of determining whether a violation of that nature has been or is being committed.
(2) On January 31 of each year, the department of public safety shall issue a report to the general assembly that specifies the number of citations issued for violations of this section during the previous calendar year.
(D) Whoever violates division (A) of this section is guilty of a minor misdemeanor.
(E) This section shall not be construed as invalidating, preempting, or superseding a substantially equivalent municipal ordinance that prescribes penalties for violations of that ordinance that are greater than the penalties prescribed in this section for violations of this section.
(F)
A prosecution for a violation of this section does not preclude a
prosecution for a violation of a substantially equivalent municipal
ordinance based on the same conduct. However, if an offender is
convicted of or pleads guilty to a violation of this section and is
also convicted of or pleads guilty to a violation of a substantially
equivalent municipal ordinance based on the same conduct, the two
offenses are allied
offenses of similar import to
be merged under
section 2941.25 of the Revised Code.
(G) As used in this section:
(1) "Electronic wireless communications device" includes any of the following:
(a) A wireless telephone;
(b) A text-messaging device;
(c) A personal digital assistant;
(d) A computer, including a laptop computer and a computer tablet;
(e) Any other substantially similar wireless device that is designed or used to communicate text.
(2) "Voice-operated or hands-free device" means a device that allows the user to vocally compose or send, or to listen to a text-based communication without the use of either hand except to activate or deactivate a feature or function.
(3) "Write, send, or read a text-based communication" means to manually write or send, or read a text-based communication using an electronic wireless communications device, including manually writing or sending, or reading communications referred to as text messages, instant messages, or electronic mail.
Sec. 4511.205. (A) No holder of a temporary instruction permit who has not attained the age of eighteen years and no holder of a probationary driver's license shall drive a motor vehicle on any street, highway, or property used by the public for purposes of vehicular traffic or parking while using in any manner an electronic wireless communications device.
(B) Division (A) of this section does not apply to either of the following:
(1) A person using an electronic wireless communications device for emergency purposes, including an emergency contact with a law enforcement agency, hospital or health care provider, fire department, or other similar emergency agency or entity;
(2) A person using an electronic wireless communications device whose motor vehicle is in a stationary position and the motor vehicle is outside a lane of travel;
(3) A person using a navigation device in a voice-operated or hands-free manner who does not manipulate the device while driving.
(C)(1) Except as provided in division (C)(2) of this section, whoever violates division (A) of this section shall be fined one hundred fifty dollars. In addition, the court shall impose a class seven suspension of the offender's driver's license or permit for a definite period of sixty days.
(2) If the person previously has been adjudicated a delinquent child or a juvenile traffic offender for a violation of this section, whoever violates this section shall be fined three hundred dollars. In addition, the court shall impose a class seven suspension of the person's driver's license or permit for a definite period of one year.
(D)
The filing of a sworn complaint against a person for a violation of
this section does not preclude the filing of a sworn complaint for a
violation of a substantially equivalent municipal ordinance for the
same conduct. However, if a person is adjudicated a delinquent child
or a juvenile traffic offender for a violation of this section and is
also adjudicated a delinquent child or a juvenile traffic offender
for a violation of a substantially equivalent municipal ordinance for
the same conduct, the two offenses are allied
offenses of similar import to
be merged under
section 2941.25 of the Revised Code.
(E) As used in this section, "electronic wireless communications device" includes any of the following:
(1) A wireless telephone;
(2) A personal digital assistant;
(3) A computer, including a laptop computer and a computer tablet;
(4) A text-messaging device;
(5) Any other substantially similar electronic wireless device that is designed or used to communicate via voice, image, or written word.
Sec.
4519.47. (A)
Whenever
a person is found guilty of operating a snowmobile, off-highway
motorcycle, or all-purpose vehicle in violation of any rule
authorized to be adopted under section 4519.21 or 4519.42 of the
Revised Code, the trial judge of any court of record, in addition to
or independent of any other penalties provided by law, may impound
for not less than sixty days the certificate of registration and
license plate, if applicable, of that snowmobile, off-highway
motorcycle, or all-purpose vehicle. The court shall send the
impounded certificate of registration and license plate, if
applicable, to the registrar of motor vehicles, who shall retain the
certificate of registration and license plate, if applicable, until
the expiration of the period of impoundment.
(B)
If a court impounds the certificate of registration and license plate
of an all-purpose vehicle pursuant to section 2911.21 of the Revised
Code, the court shall send the impounded certificate of registration
and license plate to the registrar, who shall retain them until the
expiration of the period of impoundment.
Sec. 4715.036. (A) As used in this section:
(1)
"Personal identifying information" has the same meaning as
in division
(L) of section
2913.49
2913.01
of
the Revised Code.
(2) "Confidential law enforcement investigatory record" has the same meaning as in section 149.43 of the Revised Code, except that it excludes information provided by an information source or witness to whom confidentiality has been reasonably promised, which information would reasonably tend to disclose the source's or witness's identity.
(B) If the state dental board notifies an applicant, license holder, or other individual of an opportunity for a hearing pursuant to section 119.07 of the Revised Code, the board shall state in the notice that the individual is entitled to receive at least sixty days before the hearing, on the individual's request and as described in division (C) of this section, one copy of each item the board procures or creates in the course of its investigation on the individual. Such items may include, but are not limited to, the one or more complaints filed with the board; correspondence, reports, and statements; deposition transcripts; and patient dental records.
(C) On receipt of a request for copies of investigative items from an individual who is notified under division (B) of this section of an opportunity for a hearing, the board shall provide the copies to the individual in accordance with, and subject to, all of the following:
(1) The board shall provide the copies in a timely manner.
(2) The board may charge a fee for providing the copies, but the amount of the fee shall be set at a reasonable cost to the individual.
(3) Before providing the copies, the board shall determine whether the investigative items contain any personal identifying information regarding a complainant. If the board determines that the investigative items contain such personal identifying information, or any other information that would reveal the complainant's identity, the board shall redact the information from the copies it provides to the individual.
(4) The board shall not provide either of the following:
(a) Any information that is subject to the attorney-client privilege or work product doctrine, or that would reveal the investigatory processes or methods of investigation used by the board;
(b) Any information that would constitute a confidential law enforcement investigatory record.
(D) If a request for copies of investigative items is made pursuant to this section, the board in its scheduling of a hearing for the individual shall, notwithstanding section 119.07 of the Revised Code, schedule the hearing for a date that is at least sixty-one days after the board provides the individual with the copies of the items.
(E)(1) After the board notifies an individual of an opportunity for a hearing, the individual may ask the board to issue either or both of the following:
(a) A subpoena to compel the attendance and testimony of any witness at the hearing;
(b) A subpoena for the production of books, records, papers, or other tangible items.
(2) On receipt of an individual's request under division (E)(1) of this section, the board shall issue the subpoena.
In the case of a subpoena for the production of books, records, papers, or other tangible items, the person or government entity subject to the subpoena shall comply with the subpoena at least thirty days prior to the date the individual's hearing is scheduled to be held.
Sec. 4729.552. (A) To be eligible to receive a license as a category III terminal distributor of dangerous drugs with a pain management clinic classification, an applicant shall submit evidence satisfactory to the state board of pharmacy that the applicant's pain management clinic will be operated in accordance with the requirements specified in division (B) of this section and that the applicant meets any other applicable requirements of this chapter.
If the board determines that an applicant meets all of the requirements, the board shall issue to the applicant a license as a category III terminal distributor of dangerous drugs and specify on the license that the terminal distributor is classified as a pain management clinic.
(B) The holder of a terminal distributor license with a pain management clinic classification shall do all of the following:
(1) Be in control of a facility that is owned and operated solely by one or more physicians authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;
(2) Comply with the requirements for the operation of a pain management clinic, as established by the state medical board in rules adopted under section 4731.054 of the Revised Code;
(3) Ensure that any person employed by the facility complies with the requirements for the operation of a pain management clinic established by the state medical board in rules adopted under section 4731.054 of the Revised Code;
(4) Require any person with ownership of the facility to submit to a criminal records check in accordance with section 4776.02 of the Revised Code and send the results of the criminal records check directly to the state board of pharmacy for review and decision under section 4729.071 of the Revised Code;
(5) Require all employees of the facility to submit to a criminal records check in accordance with section 4776.02 of the Revised Code and ensure that no person is employed who has previously been convicted of, or pleaded guilty to, either of the following:
(a)
A theft offense, described in division (K)(3)
(A)(11)(c)
of
section 2913.01 of the Revised Code, that would constitute a felony
under the laws of this state, any other state, or the United States;
(b) A felony drug abuse offense, as defined in section 2925.01 of the Revised Code.
(6) Maintain a list of each person with ownership of the facility and notify the state board of pharmacy of any change to that list.
(C) No person shall operate a facility that under this chapter is subject to licensure as a category III terminal distributor of dangerous drugs with a pain management clinic classification without obtaining and maintaining the license with the classification.
No person who holds a category III license with a pain management clinic classification shall fail to remain in compliance with the requirements of division (B) of this section and any other applicable requirements of this chapter.
(D) The state board of pharmacy may impose a fine of not more than five thousand dollars on a person who violates division (C) of this section. A separate fine may be imposed for each day the violation continues. In imposing the fine, the board's actions shall be taken in accordance with Chapter 119. of the Revised Code.
(E) The state board of pharmacy shall adopt rules as it considers necessary to implement and administer this section. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
Sec. 4729.553. (A) As used in this section:
(1) "Advanced practice registered nurse" has the same meaning as in section 4723.01 of the Revised Code.
(2) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code.
(3) "Hospital" means a hospital registered with the department of health under section 3701.07 of the Revised Code.
(4) "Office-based opioid treatment" means the treatment of opioid dependence or addiction using a controlled substance.
(5) "Physician" means an individual who is authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.
(6) "Physician assistant" means an individual who is licensed under Chapter 4730. of the Revised Code.
(B)(1) Except as provided in divisions (B)(2) and (3) of this section, no person shall knowingly operate a facility, clinic, or other location where a prescriber provides office-based opioid treatment to more than thirty patients or that meets any other identifying criteria established in rules adopted under this section without holding a category III terminal distributor of dangerous drugs license with an office-based opioid treatment classification.
(2) Division (B)(1) of this section does not apply to any of the following:
(a) A hospital;
(b) A facility for the treatment of opioid dependence or addiction that is operated by a hospital;
(c) A physician practice owned or controlled, in whole or in part, by a hospital or by an entity that owns or controls, in whole or in part, one or more hospitals;
(d) A facility that conducts only clinical research and uses controlled substances in studies approved by a hospital-based institutional review board or an institutional review board that is accredited by the association for the accreditation of human research protection programs, inc.;
(e) A facility that holds a category III terminal distributor of dangerous drugs license in accordance with section 4729.54 of the Revised Code for the purpose of treating drug dependence or addiction as part of an opioid treatment program and is the subject of a current, valid certification from the substance abuse and mental health services administration of the United States department of health and human services pursuant to 42 C.F.R. 8.11;
(f) A program or facility that holds a license or certification issued by the department of mental health and addiction services under Chapter 5119. of the Revised Code if the license or certification is approved by the state board of pharmacy;
(g) A federally qualified health center or federally qualified health center look-alike, as defined in section 3701.047 of the Revised Code;
(h) A state or local correctional facility, as defined in section 5163.45 of the Revised Code;
(i) A facility in which patients are treated on-site for opioid dependence or addiction exclusively through direct administration by a physician, physician assistant, or advanced practice registered nurse of drugs that are used for treatment of opioid dependence or addiction and are neither dispensed nor personally furnished to patients for off-site self-administration;
(j) Any other facility specified in rules adopted under this section.
(3) A patient who receives treatment on-site for opioid dependence or addiction through direct administration of a drug by a physician, physician assistant, or advanced practice registered nurse shall not be included in determining whether more than thirty patients are being provided office-based opioid treatment in a particular facility, clinic, or other location that is subject to division (B)(1) of this section.
(C) To be eligible to receive a license as a category III terminal distributor of dangerous drugs with an office-based opioid treatment classification, an applicant shall submit evidence satisfactory to the state board of pharmacy that the applicant's office-based opioid treatment will be operated in accordance with the requirements specified in division (D) of this section and that the applicant meets any other applicable requirements of this chapter.
If the board determines that an applicant meets all of the requirements, the board shall issue to the applicant a license as a category III terminal distributor of dangerous drugs with an office-based opioid treatment classification.
(D) The holder of a category III terminal distributor license with an office-based opioid treatment classification shall do all of the following:
(1) Be in control of a facility that is owned and operated solely by one or more physicians, unless the state board of pharmacy waives this requirement for the holder;
(2) Comply with the requirements for conducting office-based opioid treatment, as established by the state medical board in rules adopted under section 4731.056 of the Revised Code;
(3) Require any person with ownership of the facility to submit to a criminal records check in accordance with section 4776.02 of the Revised Code and send the results of the criminal records check directly to the state board of pharmacy for review and decision under section 4729.071 of the Revised Code;
(4) Require each person employed by or seeking employment with the facility to submit to a criminal records check in accordance with section 4776.02 of the Revised Code;
(5) Ensure that a person is not employed by the facility if the person, within the ten years immediately preceding the date the person applied for employment, was convicted of or pleaded guilty to either of the following, unless the state board of pharmacy permits the person to be employed by waiving this requirement for the facility:
(a)
A theft offense, described in division (K)(3)
(A)(11)(c)
of
section 2913.01 of the Revised Code, that would constitute a felony
under the laws of this state, any other state, or the United States;
(b) A felony drug offense, as defined in section 2925.01 of the Revised Code.
(6) Maintain a list of each person with ownership of the facility and notify the state board of pharmacy of any change to that list.
(E) No person subject to licensure as a category III terminal distributor of dangerous drugs with an office-based opioid treatment classification shall knowingly fail to remain in compliance with the requirements of division (D) of this section and any other applicable requirements of this chapter.
(F) The state board of pharmacy may impose a fine of not more than five thousand dollars on a person who violates division (B) or (E) of this section. A separate fine may be imposed for each day the violation continues. In imposing the fine, the board's actions shall be taken in accordance with Chapter 119. of the Revised Code.
(G) The state board of pharmacy shall adopt rules as it considers necessary to implement and administer this section. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
Sec.
4734.99. (A)
Whoever violates section 4734.14 or 4734.141 of the Revised Code is
guilty of a felony of the fifth degree on a first offense, unless the
offender previously has been convicted of or has pleaded guilty to a
violation of section 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2911.03,
2911.04, 2911.05, 2913.02,
2913.40, 2913.47, 2913.48, 2913.51, 2921.13, 4715.09, 4723.03,
4725.02, 4725.41, 4729.27, 4729.28, 4729.36, 4729.51, 4729.61,
4730.02, 4731.41, 4731.43, 4731.46, 4731.47, 4731.60, 4732.21,
4741.18, 4741.19, 4755.48, 4757.02, 4759.02, 4761.10, or 4773.02 of
the Revised Code or an offense under an existing or former law of
this state, another state, or the United States that is or was
substantially equivalent to a violation of any of those sections, in
which case the offender is guilty of a felony of the fourth degree.
For each subsequent offense, the offender is guilty of a felony of
the fourth degree.
(B) Whoever violates section 4734.161 of the Revised Code is guilty of a misdemeanor of the first degree.
(C) Whoever violates division (A), (B), (C), or (D) of section 4734.32 of the Revised Code is guilty of a minor misdemeanor on a first offense; on each subsequent offense, the person is guilty of a misdemeanor of the fourth degree, except that an individual guilty of a subsequent offense shall not be subject to imprisonment, but to a fine alone of up to one thousand dollars for each offense.
Sec. 4925.04. (A) Prior to authorizing a person to act as a transportation network company driver, a transportation network company shall do all of the following:
(1) Require the person to submit an application to the transportation network company that includes at least all of the following:
(a) The person's address;
(b) The person's age;
(c) The person's driver's license number and information on the person's driving history;
(d) A copy of the certificate of motor vehicle registration for the vehicle the person will use to provide transportation network company services;
(e) Proof of automobile insurance.
(2) Conduct a background check on each applicant, including both of the following:
(a) A search of a multi-state/multi-jurisdiction criminal records database, or a similar nationwide criminal records database, and validation of any records through a primary source search;
(b) A search of the United States department of justice national sex offender public web site;
(3) Obtain and review a driving history report with regard to each applicant.
(B) A transportation network company shall not authorize a person to act as a transportation network company driver if any of the following apply to the person:
(1) The person does not possess a valid driver's license.
(2) The person does not possess a valid certification of motor vehicle registration for the motor vehicle that the person intends to use to provide transportation network company services.
(3) The person does not possess automobile liability insurance for the vehicle that the person intends to use to provide transportation network company services that meets the requirements of section 3942.02 of the Revised Code unless the transportation network company provides such insurance on behalf of the driver.
(4) The person has not attained the age of nineteen.
(5) Within the past three years, the person has been convicted of, or pleaded guilty to, more than three violations of section 4511.194, 4511.204, 4511.21, 4511.211, 4511.251, 4511.29, 4511.30, 4511.39, 4511.46, 4511.47, 4511.711, or 4511.75 of the Revised Code or an existing or former municipal ordinance or law of this or any other state, or of the United States, that is substantially equivalent to any offense listed in division (B)(5) of this section.
(6) Within the past three years, the person has been convicted of, or pleaded guilty to, any serious vehicle-related offense, including a violation of division (B) of section 2921.331 of the Revised Code or a violation of section 4510.11, 4510.111, 4510.12, 4510.14, 4510.16, 4510.18, 4511.20, or 4511.201 of the Revised Code or an existing or former municipal ordinance or law of this or any other state, or of the United States, that is substantially equivalent to any offense listed in division (B)(6) of this section.
(7) Within the past seven years, the person has been convicted of, or pleaded guilty to, any of the following:
(a) Operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of both, in violation of section 4511.19 of the Revised Code;
(b) The commission of any felony offense while operating, or being a passenger in, a motor vehicle;
(c) A theft or fraud offense in violation of section 2911.01 or 2911.02 of the Revised Code or any provision of Chapter 2913. of the Revised Code;
(d)
A property damage offense in violation of section 2909.02, 2909.03,
2909.05, 2909.06,
2909.07, or
2909.09,
2909.10,
or 2909.101 or
division (C)(1) of section 2909.08 of
the Revised Code;
(e) A sex offense in violation of any provision of Chapter 2907. of the Revised Code;
(f) An offense of violence as defined in section 2901.01 of the Revised Code;
(g)
An act of terrorism as defined in section 2909.21
2909.01
of
the Revised Code;
(h) A violation of an existing or former municipal ordinance or law of this or any other state, or of the United States, that is substantially equivalent to any offense listed in division (B)(7) of this section.
(8) A search of the United States department of justice national sex offender public web site indicates that the person is identified as a sex offender.
Sec.
4931.06. (A)
As used in this section and in sections 2317.02 and 2921.22
2921.26
to 2921.28 of
the Revised Code:
(1) "Communications assistant" means a person who transliterates conversation from text to voice and from voice to text between the end users of a telecommunications relay service provided pursuant to this section or Title II of the "Communications Act of 1934," 104 Stat. 366 (1990), 47 U.S.C. 225.
(2) "Communicative impairment" means deafness or speech impairment.
(3) "Deafness" means a hearing loss that prevents a person from being able to understand speech over the telephone.
(4) "Speech impairment" means a speech impairment that renders a person's speech unintelligible on the telephone.
(5) "Telecommunications relay service" means telephone transmission services that provide the ability for an individual who has a communicative impairment to engage in a communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an individual who does not have a communicative impairment to communicate using voice communication services by wire or radio. "Telecommunications relay service" includes services that enable two-way communication between an individual who uses a text telephone or other nonvoice terminal device and an individual who does not use such a device.
(B) Any communication made by or to a person with a communicative impairment with the assistance of a communications assistant at a telecommunications relay service is confidential and privileged and shall not be disclosed by the communications assistant in any civil case or proceeding or in any legislative or administrative proceeding, unless the person making the communication and the person to whom the communication is made each waive the privilege of confidentiality or the obligation to divulge the communication is mandated by federal law or regulation or pursuant to subpoena in a criminal proceeding.
(C) A communications assistant or a telecommunications relay service provider is not subject to criminal prosecution and is not liable in damages in any civil action on account of the act of transliterating or the content of any communication transliterated, or any injury, death, or loss to person or property allegedly arising from the act of transliterating or the content of any communication transliterated, between the end users of a telecommunications relay service, except in cases of willful or wanton misconduct.
Sec. 5103.0319. (A) No foster caregiver or prospective foster caregiver shall fail to notify the recommending agency that recommended or is recommending the foster caregiver or prospective foster caregiver for certification in writing if a person at least twelve years of age but less than eighteen years of age residing with the foster caregiver or prospective foster caregiver has been convicted of or pleaded guilty to any of the following or has been adjudicated to be a delinquent child for committing an act that if committed by an adult would have constituted such a violation:
(1)
A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,
2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02,
2905.05, 2907.011,
2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2909.02, 2909.03, 2911.01, 2911.02, 2911.11,
2911.12, 2911.03,
2911.04, 2919.12,
2919.22, 2919.24, 2919.25, 2923.12, 2923,13
2923.13,
2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of
the Revised Code, a violation of section 2905.04 of the Revised Code
as it existed prior to July 1, 1996, a violation of section 2919.23
of the Revised Code that would have been a violation of section
2905.04 of the Revised Code as it existed prior to July 1, 1996, had
the violation been committed prior to that date, a violation of
section 2925.11 of the Revised Code that is not a minor drug
possession offense, a violation of section 2923.01 of the Revised
Code that involved an attempt to commit aggravated murder or murder,
an OVI or OVUAC violation if the person previously was convicted of
or pleaded guilty to one or more OVI or OVUAC violations within the
three years immediately preceding the current violation, or felonious
sexual penetration in violation of former section 2907.12 of the
Revised Code;
(2) An offense that would be a felony if committed by an adult and the court determined that the child, if an adult, would be guilty of a specification found in section 2941.141, 2941.144, or 2941.145 of the Revised Code or in another section of the Revised Code that relates to the possession or use of a firearm, as defined in section 2923.11 of the Revised Code, during the commission of the act for which the child was adjudicated a delinquent child;
(3) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses described in division (A)(1) or (2) of this section.
(B) If a recommending agency learns that a foster caregiver has failed to comply with division (A) of this section, it shall notify the department of job and family services and the department shall revoke the foster caregiver's foster home certificate.
(C) As used in this section, "OVI or OVUAC violation" means a violation of section 4511.19 of the Revised Code or a violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to section 4511.19 of the Revised Code.
Sec.
5120.14. (A)
If a person who was convicted of or pleaded guilty to an offense
escapes from a correctional institution in this state under the
control of the department of rehabilitation and correction or
otherwise escapes from the custody of the department, the department
immediately after the escape shall report the escape, by telephone
and in writing, to all local law enforcement agencies with
jurisdiction in the county in which the institution from which the
escape was made or to which the person was sentenced is located, to
all local law enforcement agencies with jurisdiction in the county in
which the person was convicted or pleaded guilty to the offense for
which the escaped person was sentenced, to the state highway patrol,
to the prosecuting attorney of the county in which the institution
from which the escape was made or to which the person was sentenced
is located, to the prosecuting attorney of the county in which the
person was convicted or pleaded guilty to the offense for which the
escaped person was sentenced, to a newspaper of general circulation
in the county in which the institution from which the escape was made
or to which the person was sentenced is located, and to a newspaper
of general circulation in each county in which the escaped person was
indicted for an offense for which, at the time of the escape, the
escaped person had been sentenced to that institution. The written
notice may be by either facsimile transmission or mail. A failure to
comply with this requirement is a violation of section 2921.22
2921.26
of
the Revised Code.
(B) Upon the apprehension of the escaped person, the department shall give notice of the apprehension by telephone and in writing to the persons who were given notice of the escape under division (A) of this section.
Sec. 5120.66. (A) Within ninety days after November 23, 2005, but not before January 1, 2006, the department of rehabilitation and correction shall establish and operate on the internet a database that contains all of the following:
(1) For each inmate in the custody of the department under a sentence imposed for a conviction of or plea of guilty to any offense, all of the following information:
(a) The inmate's name;
(b) For each offense for which the inmate was sentenced to a prison term or term of imprisonment and is in the department's custody, the name of the offense, the Revised Code section of which the offense is a violation, the gender of each victim of the offense if those facts are known, whether each victim of the offense was an adult or child if those facts are known, whether any victim of the offense was a law enforcement officer if that fact is known, the range of the possible prison terms or term of imprisonment that could have been imposed for the offense, the actual prison term or term of imprisonment imposed for the offense, the county in which the offense was committed, the date on which the inmate began serving the prison term or term of imprisonment imposed for the offense, and whichever of the following is applicable:
(i) The date on which the inmate will be eligible for parole relative to the offense if the prison term or term of imprisonment is an indefinite term or life term with parole eligibility;
(ii) The date on which the term ends if the prison term is a definite term;
(iii) The date on which the inmate will be eligible for presumptive release under section 2967.271 of the Revised Code, if the inmate is serving a non-life felony indefinite prison term.
(c) All of the following information that is applicable regarding the inmate:
(i)
If known to the department prior to the conduct of any hearing for
judicial release of the defendant pursuant to section 2929.20 of the
Revised Code in relation to any prison term or term of imprisonment
the inmate is serving for any offense
or
any hearing for release of the defendant pursuant to section 2967.19
of the Revised Code in relation to any such term,
notice of the fact that the inmate will be having a hearing regarding
a possible grant of judicial release
or
release,
the date of the hearing, and the right of any person pursuant to
division (J)
(I)
of
section 2929.20 or
division (H) of section 2967.19 of
the Revised Code,
whichever is applicable, to
submit to the court a written statement regarding the possible
judicial release
or
release.
The department also shall post notice of the submission to a
sentencing court of any recommendation for early
judicial
release
of the inmate submitted
by the director of the department of rehabilitation and correction
pursuant
to
division
(O) of
section
2967.19
2929.20
of
the Revised Code, as required by that
division
(E)
of that section.
(ii) If the inmate is serving a prison term pursuant to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code, prior to the conduct of any hearing pursuant to section 2971.05 of the Revised Code to determine whether to modify the requirement that the inmate serve the entire prison term in a state correctional facility in accordance with division (C) of that section, whether to continue, revise, or revoke any existing modification of that requirement, or whether to terminate the prison term in accordance with division (D) of that section, notice of the fact that the inmate will be having a hearing regarding those determinations and the date of the hearing;
(iii) At least sixty days before the adult parole authority recommends a pardon or commutation of sentence for the inmate, at least sixty days prior to a hearing before the adult parole authority regarding a grant of parole to the inmate in relation to any prison term or term of imprisonment the inmate is serving for any offense, or at least sixty days prior to a hearing before the department regarding a determination of whether the inmate must be released under division (C) or (D)(2) of section 2967.271 of the Revised Code if the inmate is serving a non-life felony indefinite prison term, notice of the fact that the inmate might be under consideration for a pardon or commutation of sentence or will be having a hearing regarding a possible grant of parole or release, the date of any hearing regarding a possible grant of parole or release, and the right of any person to submit a written statement regarding the pending action;
(iv) At least sixty days before the inmate is transferred to transitional control under section 2967.26 of the Revised Code in relation to any prison term or term of imprisonment the inmate is serving for any offense, notice of the pendency of the transfer, the date of the possible transfer, and the right of any person to submit a statement regarding the possible transfer;
(v) Prompt notice of the inmate's escape from any facility in which the inmate was incarcerated and of the capture of the inmate after an escape;
(vi) Notice of the inmate's death while in confinement;
(vii) Prior to the release of the inmate from confinement, notice of the fact that the inmate will be released, of the date of the release, and, if applicable, of the standard terms and conditions of the release;
(viii)
Notice of the inmate's judicial release pursuant to section 2929.20
of the Revised Code
or
release pursuant to section 2967.19 of the Revised Code.
(2) Information as to where a person can send written statements of the types referred to in divisions (A)(1)(c)(i), (iii), and (iv) of this section.
(B)(1) The department shall update the database required under division (A) of this section every twenty-four hours to ensure that the information it contains is accurate and current.
(2) The database required under division (A) of this section is a public record open for inspection under section 149.43 of the Revised Code. The department shall make the database searchable by inmate name and by the county and zip code where the offender intends to reside after release from a state correctional institution if this information is known to the department.
(3) The database required under division (A) of this section may contain information regarding inmates who are listed in the database in addition to the information described in that division.
(4) No information included on the database required under division (A) of this section shall identify or enable the identification of any victim of any offense committed by an inmate.
(C) The failure of the department to comply with the requirements of division (A) or (B) of this section does not give any rights or any grounds for appeal or post-conviction relief to any inmate.
(D) This section, and the related provisions of sections 2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted in the act in which this section was enacted, shall be known as "Laura's Law."
(E) As used in this section, "non-life felony indefinite prison term" has the same meaning as in section 2929.01 of the Revised Code.
Sec. 5139.01. (A) As used in this chapter:
(1) "Commitment" means the transfer of the physical custody of a child or youth from the court to the department of youth services.
(2) "Permanent commitment" means a commitment that vests legal custody of a child in the department of youth services.
(3) "Legal custody," insofar as it pertains to the status that is created when a child is permanently committed to the department of youth services, means a legal status in which the department has the following rights and responsibilities: the right to have physical possession of the child; the right and duty to train, protect, and control the child; the responsibility to provide the child with food, clothing, shelter, education, and medical care; and the right to determine where and with whom the child shall live, subject to the minimum periods of, or periods of, institutional care prescribed in sections 2152.13 to 2152.18 of the Revised Code; provided, that these rights and responsibilities are exercised subject to the powers, rights, duties, and responsibilities of the guardian of the person of the child, and subject to any residual parental rights and responsibilities.
(4) Unless the context requires a different meaning, "institution" means a state facility that is created by the general assembly and that is under the management and control of the department of youth services or a private entity with which the department has contracted for the institutional care and custody of felony delinquents.
(5) "Full-time care" means care for twenty-four hours a day for over a period of at least two consecutive weeks.
(6) "Placement" means the conditional release of a child under the terms and conditions that are specified by the department of youth services. The department shall retain legal custody of a child released pursuant to division (C) of section 2152.22 of the Revised Code or division (C) of section 5139.06 of the Revised Code until the time that it discharges the child or until the legal custody is terminated as otherwise provided by law.
(7) "Home placement" means the placement of a child in the home of the child's parent or parents or in the home of the guardian of the child's person.
(8) "Discharge" means that the department of youth services' legal custody of a child is terminated.
(9) "Release" means the termination of a child's stay in an institution and the subsequent period during which the child returns to the community under the terms and conditions of supervised release.
(10) "Delinquent child" has the same meaning as in section 2152.02 of the Revised Code.
(11) "Felony delinquent" means any child who is at least ten years of age but less than eighteen years of age and who is adjudicated a delinquent child for having committed an act that if committed by an adult would be a felony. "Felony delinquent" includes any adult who is between the ages of eighteen and twenty-one and who is in the legal custody of the department of youth services for having committed an act that if committed by an adult would be a felony.
(12) "Juvenile traffic offender" has the same meaning as in section 2152.02 of the Revised Code.
(13) "Public safety beds" means all of the following:
(a)
Felony delinquents who have been committed to the department of youth
services for the commission of an act, other than a violation of
section 2911.01 or 2911.11
2911.03
of
the Revised Code, that is a category one offense or a category two
offense and who are in the care and custody of an institution or have
been diverted from care and custody in an institution and placed in a
community corrections facility;
(b) Felony delinquents who, while committed to the department of youth services and in the care and custody of an institution or a community corrections facility, are adjudicated delinquent children for having committed in that institution or community corrections facility an act that if committed by an adult would be a misdemeanor or a felony;
(c) Children who satisfy all of the following:
(i) They are at least ten years of age but less than eighteen years of age.
(ii) They are adjudicated delinquent children for having committed acts that if committed by an adult would be a felony.
(iii) They are committed to the department of youth services by the juvenile court of a county that has had one-tenth of one per cent or less of the statewide adjudications for felony delinquents as averaged for the past four fiscal years.
(iv) They are in the care and custody of an institution or a community corrections facility.
(d) Felony delinquents who, while committed to the department of youth services and in the care and custody of an institution are serving disciplinary time for having committed an act described in division (A)(18)(a), (b), or (c) of this section, and who have been institutionalized or institutionalized in a secure facility for the minimum period of time specified in divisions (A)(1)(b) to (e) of section 2152.16 of the Revised Code.
(e)
Felony delinquents who are subject to and serving a three-year period
of commitment order imposed by a juvenile court pursuant to divisions
(A) and (B) of section 2152.17 of the Revised Code for an act, other
than a violation of section 2911.11
2911.03
of
the Revised Code, that would be a category one offense or category
two offense if committed by an adult.
(f) Felony delinquents who are described in divisions (A)(13)(a) to (e) of this section, who have been granted a judicial release to court supervision under division (B) or (D) of section 2152.22 of the Revised Code or a judicial release to the department of youth services supervision under division (C) or (D) of that section from the commitment to the department of youth services for the act described in divisions (A)(13)(a) to (e) of this section, who have violated the terms and conditions of that release, and who, pursuant to an order of the court of the county in which the particular felony delinquent was placed on release that is issued pursuant to division (E) of section 2152.22 of the Revised Code, have been returned to the department for institutionalization or institutionalization in a secure facility.
(g) Felony delinquents who have been committed to the custody of the department of youth services, who have been granted supervised release from the commitment pursuant to section 5139.51 of the Revised Code, who have violated the terms and conditions of that supervised release, and who, pursuant to an order of the court of the county in which the particular child was placed on supervised release issued pursuant to division (F) of section 5139.52 of the Revised Code, have had the supervised release revoked and have been returned to the department for institutionalization. A felony delinquent described in this division shall be a public safety bed only for the time during which the felony delinquent is institutionalized as a result of the revocation subsequent to the initial ninety-day period of institutionalization required by division (F) of section 5139.52 of the Revised Code.
(14) Unless the context requires a different meaning, "community corrections facility" means a county or multicounty rehabilitation center for felony delinquents who have been committed to the department of youth services and diverted from care and custody in an institution and placed in the rehabilitation center pursuant to division (E) of section 5139.36 of the Revised Code.
(15) "Secure facility" means any facility that is designed and operated to ensure that all of its entrances and exits are under the exclusive control of its staff and to ensure that, because of that exclusive control, no child who has been institutionalized in the facility may leave the facility without permission or supervision.
(16) "Community residential program" means a program that satisfies both of the following:
(a) It is housed in a building or other structure that has no associated major restraining construction, including, but not limited to, a security fence.
(b) It provides twenty-four-hour care, supervision, and programs for felony delinquents who are in residence.
(17) "Category one offense" and "category two offense" have the same meanings as in section 2152.02 of the Revised Code.
(18) "Disciplinary time" means additional time that the department of youth services requires a felony delinquent to serve in an institution, that delays the felony delinquent's planned release, and that the department imposes upon the felony delinquent following the conduct of an internal due process hearing for having committed any of the following acts while committed to the department and in the care and custody of an institution:
(a) An act that if committed by an adult would be a felony;
(b) An act that if committed by an adult would be a misdemeanor;
(c) An act that is not described in division (A)(18)(a) or (b) of this section and that violates an institutional rule of conduct of the department.
(19) "Unruly child" has the same meaning as in section 2151.022 of the Revised Code.
(20) "Revocation" means the act of revoking a child's supervised release for a violation of a term or condition of the child's supervised release in accordance with section 5139.52 of the Revised Code.
(21) "Release authority" means the release authority of the department of youth services that is established by section 5139.50 of the Revised Code.
(22) "Supervised release" means the event of the release of a child under this chapter from an institution and the period after that release during which the child is supervised and assisted by an employee of the department of youth services under specific terms and conditions for reintegration of the child into the community.
(23) "Victim" means the person identified in a police report, complaint, or information as the victim of an act that would have been a criminal offense if committed by an adult and that provided the basis for adjudication proceedings resulting in a child's commitment to the legal custody of the department of youth services.
(24) "Victim's representative" means a member of the victim's family or another person whom the victim or another authorized person designates in writing, pursuant to section 5139.56 of the Revised Code, to represent the victim with respect to proceedings of the release authority of the department of youth services and with respect to other matters specified in that section.
(25) "Member of the victim's family" means a spouse, child, stepchild, sibling, parent, stepparent, grandparent, other relative, or legal guardian of a child but does not include a person charged with, convicted of, or adjudicated a delinquent child for committing a criminal or delinquent act against the victim or another criminal or delinquent act arising out of the same conduct, criminal or delinquent episode, or plan as the criminal or delinquent act committed against the victim.
(26) "Judicial release to court supervision" means a release of a child from institutional care or institutional care in a secure facility that is granted by a court pursuant to division (B) of section 2152.22 of the Revised Code during the period specified in that division or that is granted by a court to court supervision pursuant to division (D) of that section during the period specified in that division.
(27) "Judicial release to department of youth services supervision" means a release of a child from institutional care or institutional care in a secure facility that is granted by a court pursuant to division (C) of section 2152.22 of the Revised Code during the period specified in that division or that is granted to department supervision by a court pursuant to division (D) of that section during the period specified in that division.
(28) "Juvenile justice system" includes all of the functions of the juvenile courts, the department of youth services, any public or private agency whose purposes include the prevention of delinquency or the diversion, adjudication, detention, or rehabilitation of delinquent children, and any of the functions of the criminal justice system that are applicable to children.
(29) "Metropolitan county criminal justice services agency" means an agency that is established pursuant to division (A) of section 5502.64 of the Revised Code.
(30) "Administrative planning district" means a district that is established pursuant to division (A) or (B) of section 5502.66 of the Revised Code.
(31) "Criminal justice coordinating council" means a criminal justice services agency that is established pursuant to division (D) of section 5502.66 of the Revised Code.
(32) "Comprehensive plan" means a document that coordinates, evaluates, and otherwise assists, on an annual or multi-year basis, all of the functions of the juvenile justice systems of the state or a specified area of the state, that conforms to the priorities of the state with respect to juvenile justice systems, and that conforms with the requirements of all federal criminal justice acts. These functions include, but are not limited to, all of the following:
(a) Delinquency;
(b) Identification, detection, apprehension, and detention of persons charged with delinquent acts;
(c) Assistance to crime victims or witnesses, except that the comprehensive plan does not include the functions of the attorney general pursuant to sections 109.91 and 109.92 of the Revised Code;
(d) Adjudication or diversion of persons charged with delinquent acts;
(e) Custodial treatment of delinquent children;
(f) Institutional and noninstitutional rehabilitation of delinquent children.
(B) There is hereby created the department of youth services. The governor shall appoint the director of the department with the advice and consent of the senate. The director shall hold office during the term of the appointing governor but subject to removal at the pleasure of the governor. Except as otherwise authorized in section 108.05 of the Revised Code, the director shall devote the director's entire time to the duties of the director's office and shall hold no other office or position of trust or profit during the director's term of office.
The director is the chief executive and administrative officer of the department and has all the powers of a department head set forth in Chapter 121. of the Revised Code. The director may adopt rules for the government of the department, the conduct of its officers and employees, the performance of its business, and the custody, use, and preservation of the department's records, papers, books, documents, and property. The director shall be an appointing authority within the meaning of Chapter 124. of the Revised Code. Whenever this or any other chapter or section of the Revised Code imposes a duty on or requires an action of the department, the duty or action shall be performed by the director or, upon the director's order, in the name of the department.
Sec. 5149.101. (A)(1) A board hearing officer, a board member, or the office of victims' services may petition the board for a full board hearing that relates to the proposed parole or re-parole of a prisoner, including any prisoner described in section 2967.132 of the Revised Code. At a meeting of the board at which a majority of board members are present, the majority of those present shall determine whether a full board hearing shall be held.
(2) A victim of a violation of section 2903.01 or 2903.02 of the Revised Code, an offense of violence that is a felony of the first, second, or third degree, or an offense punished by a sentence of life imprisonment, the victim's representative, or any person described in division (B)(5) of this section may request the board to hold a full board hearing that relates to the proposed parole or re-parole of the person that committed the violation. If a victim, victim's representative, or other person requests a full board hearing pursuant to this division, the board shall hold a full board hearing.
At least thirty days before the full hearing, except as otherwise provided in this division, the board shall give notice of the date, time, and place of the hearing to the victim regardless of whether the victim has requested the notification. The notice of the date, time, and place of the hearing shall not be given under this division to a victim if the victim has requested pursuant to division (B)(2) of section 2930.03 of the Revised Code that the notice not be provided to the victim. At least thirty days before the full board hearing and regardless of whether the victim has requested that the notice be provided or not be provided under this division to the victim, the board shall give similar notice to the prosecuting attorney in the case, the law enforcement agency that arrested the prisoner if any officer of that agency was a victim of the offense, and, if different than the victim, the person who requested the full hearing. If the prosecuting attorney has not previously been sent an institutional summary report with respect to the prisoner, upon the request of the prosecuting attorney, the board shall include with the notice sent to the prosecuting attorney an institutional summary report that covers the offender's participation while confined in a state correctional institution in training, work, and other rehabilitative activities and any disciplinary action taken against the offender while so confined. Upon the request of a law enforcement agency that has not previously been sent an institutional summary report with respect to the prisoner, the board also shall send a copy of the institutional summary report to the law enforcement agency. If notice is to be provided as described in this division, the board may give the notice by any reasonable means, including regular mail, telephone, and electronic mail, in accordance with division (D)(1) of section 2930.16 of the Revised Code. If the notice is based on an offense committed prior to March 22, 2013, the notice also shall include the opt-out information described in division (D)(1) of section 2930.16 of the Revised Code. The board, in accordance with division (D)(2) of section 2930.16 of the Revised Code, shall keep a record of all attempts to provide the notice, and of all notices provided, under this division.
The
preceding paragraph, and the notice-related provisions of divisions
(E)(2) and (K) of section 2929.20, division (D)(1) of section
2930.16, division (H) of section 2967.12, division (E)(1)(b) of
section 2967.19
as
it existed prior to the effective date of this amendment,
division (A)(3)(b)
(A)(2)(b)
of
section 2967.26, and division (D)(1) of section 2967.28 of the
Revised Code enacted in the act in which this paragraph was enacted,
shall be known as "Roberta's Law."
(B) At a full board hearing that relates to the proposed parole or re-parole of a prisoner and that has been petitioned for or requested in accordance with division (A) of this section, the parole board shall permit the following persons to appear and to give testimony or to submit written statements:
(1) The prosecuting attorney of the county in which the original indictment against the prisoner was found and members of any law enforcement agency that assisted in the prosecution of the original offense;
(2) The judge of the court of common pleas who imposed the original sentence of incarceration upon the prisoner, or the judge's successor;
(3) The victim of the original offense for which the prisoner is serving the sentence or the victim's representative designated pursuant to section 2930.02 of the Revised Code;
(4) The victim of any behavior that resulted in parole being revoked;
(5) With respect to a full board hearing held pursuant to division (A)(2) of this section, all of the following:
(a) The spouse of the victim of the original offense;
(b) The parent or parents of the victim of the original offense;
(c) The sibling of the victim of the original offense;
(d) The child or children of the victim of the original offense.
(6) Counsel or some other person designated by the prisoner as a representative, as described in division (C) of this section.
(C) Except as otherwise provided in this division, a full board hearing of the parole board is not subject to section 121.22 of the Revised Code. The persons who may attend a full board hearing are the persons described in divisions (B)(1) to (6) of this section, and representatives of the press, radio and television stations, and broadcasting networks who are members of a generally recognized professional media organization.
At the request of a person described in division (B)(3) of this section, representatives of the news media described in this division shall be excluded from the hearing while that person is giving testimony at the hearing. The prisoner being considered for parole has no right to be present at the hearing, but may be represented by counsel or some other person designated by the prisoner.
If there is an objection at a full board hearing to a recommendation for the parole of a prisoner, the board may approve or disapprove the recommendation or defer its decision until a subsequent full board hearing. The board may permit interested persons other than those listed in this division and division (B) of this section to attend full board hearings pursuant to rules adopted by the adult parole authority.
(D) If the victim of the original offense died as a result of the offense and the offense was aggravated murder, murder, an offense of violence that is a felony of the first, second, or third degree, or an offense punished by a sentence of life imprisonment, the family of the victim may show at a full board hearing a video recording not exceeding five minutes in length memorializing the victim.
(E) The adult parole authority shall adopt rules for the implementation of this section. The rules shall specify reasonable restrictions on the number of media representatives that may attend a hearing, based on considerations of space, and other procedures designed to accomplish an effective, orderly process for full board hearings.
Sec. 5153.111. (A)(1) The executive director of a public children services agency shall request the superintendent of the bureau of criminal identification and investigation to conduct a criminal records check with respect to any applicant who has applied to the agency for employment as a person responsible for the care, custody, or control of a child. If the applicant does not present proof that the applicant has been a resident of this state for the five-year period immediately prior to the date upon which the criminal records check is requested or does not provide evidence that within that five-year period the superintendent has requested information about the applicant from the federal bureau of investigation in a criminal records check, the executive director shall request that the superintendent obtain information from the federal bureau of investigation as a part of the criminal records check for the applicant. If the applicant presents proof that the applicant has been a resident of this state for that five-year period, the executive director may request that the superintendent include information from the federal bureau of investigation in the criminal records check.
(2) Any person required by division (A)(1) of this section to request a criminal records check shall provide to each applicant a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code, provide to each applicant a standard impression sheet to obtain fingerprint impressions prescribed pursuant to division (C)(2) of section 109.572 of the Revised Code, obtain the completed form and impression sheet from each applicant, and forward the completed form and impression sheet to the superintendent of the bureau of criminal identification and investigation at the time the person requests a criminal records check pursuant to division (A)(1) of this section.
(3) Any applicant who receives pursuant to division (A)(2) of this section a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a copy of an impression sheet prescribed pursuant to division (C)(2) of that section and who is requested to complete the form and provide a set of fingerprint impressions shall complete the form or provide all the information necessary to complete the form and shall provide the impression sheet with the impressions of the applicant's fingerprints. If an applicant, upon request, fails to provide the information necessary to complete the form or fails to provide impressions of the applicant's fingerprints, that agency shall not employ that applicant for any position for which a criminal records check is required by division (A)(1) of this section.
(B)(1) Except as provided in rules adopted by the director of job and family services in accordance with division (E) of this section, no public children services agency shall employ a person as a person responsible for the care, custody, or control of a child if the person previously has been convicted of or pleaded guilty to any of the following:
(a)
A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,
2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02,
2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07,
2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2911.01,
2911.02, 2911.11,
2911.12, 2911.03,
2911.04, 2919.12,
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,
2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed prior
to July 1, 1996, a violation of section 2919.23 of the Revised Code
that would have been a violation of section 2905.04 of the Revised
Code as it existed prior to July 1, 1996, had the violation occurred
prior to that date, a violation of section 2925.11 of the Revised
Code that is not a minor drug possession offense, or felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code;
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses or violations described in division (B)(1)(a) of this section.
(2) A public children services agency may employ an applicant conditionally until the criminal records check required by this section is completed and the agency receives the results of the criminal records check. If the results of the criminal records check indicate that, pursuant to division (B)(1) of this section, the applicant does not qualify for employment, the agency shall release the applicant from employment.
(C)(1) Each public children services agency shall pay to the bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check conducted in accordance with that section upon the request pursuant to division (A)(1) of this section of the executive director of the agency.
(2) A public children services agency may charge an applicant a fee for the costs it incurs in obtaining a criminal records check under this section. A fee charged under this division shall not exceed the amount of fees the agency pays under division (C)(1) of this section. If a fee is charged under this division, the agency shall notify the applicant at the time of the applicant's initial application for employment of the amount of the fee and that, unless the fee is paid, the agency will not consider the applicant for employment.
(D) The report of any criminal records check conducted by the bureau of criminal identification and investigation in accordance with section 109.572 of the Revised Code and pursuant to a request under division (A)(1) of this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the applicant who is the subject of the criminal records check or the applicant's representative, the public children services agency requesting the criminal records check or its representative, and any court, hearing officer, or other necessary individual involved in a case dealing with the denial of employment to the applicant.
(E) The director of job and family services shall adopt rules pursuant to Chapter 119. of the Revised Code to implement this section, including rules specifying circumstances under which a public children services agency may hire a person who has been convicted of an offense listed in division (B)(1) of this section but who meets standards in regard to rehabilitation set by the department.
(F) Any person required by division (A)(1) of this section to request a criminal records check shall inform each person, at the time of the person's initial application for employment, that the person is required to provide a set of impressions of the person's fingerprints and that a criminal records check is required to be conducted and satisfactorily completed in accordance with section 109.572 of the Revised Code if the person comes under final consideration for appointment or employment as a precondition to employment for that position.
(G) As used in this section:
(1) "Applicant" means a person who is under final consideration for appointment or employment in a position with the agency as a person responsible for the care, custody, or control of a child.
(2) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code.
(3) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.
Sec.
5160.292. If
a violation of section 2913.401
2913.41
of
the Revised Code or a similar offense is suspected in the process of
determining or redetermining a medical assistance recipient's
eligibility, the case shall be referred for investigation to the
county prosecutor of the county in which the medical assistance
recipient resides, referred for an administrative disqualification
hearing, or both.
Sec. 5162.15. (A) As used in this section;
"Agent" and "contractor" include any agent, contractor, subcontractor, or other person who, on behalf of an entity, furnishes or authorizes the furnishing of medicaid services, performs billing or coding functions, or is involved in monitoring of health care that an entity provides.
"Employee" includes any officer or employee (including management employees) of an entity.
"Entity" includes a governmental entity or an organization, unit, corporation, partnership, or other business arrangement, including any medicaid managed care organization, irrespective of the form of business structure or arrangement by which it exists, whether for-profit or not-for-profit. "Entity" does not include a government entity that administers one or more components of the medicaid program, unless the government entity receives medicaid payments for providing medicaid services.
"Federal health care programs" has the same meaning as in the "Social Security Act," section 1128B, 42 U.S.C. 1320a-7b(f).
(B) Each entity that receives or makes in a federal fiscal year payments under the medicaid program, either through the medicaid state plan or a federal medicaid waiver, totaling at least five million dollars shall, as a condition of receiving such payments, do all of the following not later than the first day of the succeeding calendar year:
(1) Establish written policies for all of the entity's employees, contractors, and agents that provide detailed information about the role of all of the following in preventing and detecting fraud, waste, and abuse in federal health care programs:
(a) Federal false claims law under 31 U.S.C. 3729 to 3733;
(b) Federal administrative remedies for false claims and statements available under 31 U.S.C. 3801 to 3812;
(c)
Sections 124.341, 2913.40,
2913.401
2913.41,
and 2921.13 of the Revised Code and any other state laws pertaining
to civil or criminal penalties for false claims and statements;
(d) Whistleblower protections under the laws specified in divisions (B)(1)(a) to (c) of this section.
(2) Include as part of the written policies required by division (B)(1) of this section detailed provisions regarding the entity's policies and procedures for preventing and detecting fraud, waste, and abuse.
(3) Disseminate the written policies required by division (B)(1) of this section to each of the entity's employees, contractors, and agents in a paper or electronic form and make the written policies readily available to the entity's employees, contractors, and agents.
(4) If the entity has an employee handbook, include in the employee handbook a specific discussion of the laws specified in division (B)(1) of this section, the rights of employees to be protected as whistleblowers, and the entity's policies and procedures for preventing and detecting fraud, waste, and abuse.
(5) Require the entity's contractors and agents to adopt the entity's written policies required by division (B)(1) of this section.
(C) An entity that furnishes medicaid services at multiple locations or under multiple contractual or other payment arrangements is required to comply with division (B) of this section if the entity receives in a federal fiscal year medicaid payments totaling in the aggregate at least five million dollars. This applies regardless of whether the entity submits claims for medicaid payments using multiple provider identification or tax identification numbers.
Sec. 5502.52. (A) There is hereby created the statewide emergency alert program to aid in the identification and location of children who are under eighteen years of age, who are abducted, and whose abduction, as determined by a law enforcement agency, poses a credible threat of immediate danger of serious bodily harm or death to a child. The program shall be a coordinated effort among the governor's office, the department of public safety, the attorney general, law enforcement agencies, the state's public and commercial television and radio broadcasters, and others as deemed necessary by the governor.
(B) The statewide emergency alert program shall not be implemented unless all of the following activation criteria are met:
(1) The local investigating law enforcement agency confirms that an abduction has occurred.
(2) An abducted child is under eighteen years of age.
(3) The abduction poses a credible threat of immediate danger of serious bodily harm or death to a child.
(4) A law enforcement agency determines that the child is not a runaway and has not been abducted as a result of a child custody dispute, unless the dispute poses a credible threat of immediate danger of serious bodily harm or death to the child.
(5) There is sufficient descriptive information about the child, the abductor, and the circumstances surrounding the abduction to indicate that activation of the alert will help locate the child.
(C) Nothing in division (B) of this section prevents the activation of a local or regional emergency alert program that may impose different criteria for the activation of a local or regional plan.
(D) Any radio broadcast station, television broadcast station, or cable television system participating in the statewide emergency alert program or in any local or regional emergency alert program, and any director, officer, employee, or agent of any such station or system, shall not be liable to any person for damages for any loss allegedly caused by or resulting from the station's or system's broadcast or cablecast of, or failure to broadcast or cablecast, any information pursuant to the statewide emergency alert program or the local or regional emergency alert program.
(E) No person shall knowingly make a false report that a child has been abducted and that leads to the implementation of the statewide emergency alert program created under this section or that leads to the implementation of a local or regional emergency alert program. Whoever violates this division is guilty of a felony of the fourth degree.
(F) As used in this section:
(1) "Abducted child" means a child for whom there is credible evidence to believe that the child has been abducted in violation of section 2905.01, 2905.02, 2905.03, or 2905.05 of the Revised Code.
(2)
"Cable television system" means a cable system, as defined
in division
(B) of section
2913.04
2913.01
of
the Revised Code.
(3) "Law enforcement agency" includes, but is not limited to, a county sheriff's office, the office of a village marshal, a police department of a municipal corporation, a police force of a regional transit authority, a police force of a metropolitan housing authority, the state highway patrol, a state university law enforcement agency, the office of a township police constable, and the police department of a township or joint police district.
Sec. 5502.522. (A) There is hereby created the statewide emergency alert program to aid in the identification and location of any individual who has a mental impairment or is sixty-five years of age or older, who is or is believed to be a temporary or permanent resident of this state, is at a location that cannot be determined by an individual familiar with the missing individual, and is incapable of returning to the missing individual's residence without assistance, and whose disappearance, as determined by a law enforcement agency, poses a credible threat of immediate danger of serious bodily harm or death to the missing individual. The program shall be a coordinated effort among the governor's office, the department of public safety, the attorney general, law enforcement agencies, the state's public and commercial television and radio broadcasters, and others as determined necessary by the governor. No name shall be given to the program created under this division that conflicts with any alert code standards that are required by federal law and that govern the naming of emergency alert programs.
(B) The statewide emergency alert program shall not be implemented unless all of the following activation criteria are met:
(1) The local investigating law enforcement agency confirms that the individual is missing.
(2) The individual is sixty-five years of age or older or has a mental impairment.
(3) The disappearance of the individual poses a credible threat of immediate danger of serious bodily harm or death to the individual.
(4) There is sufficient descriptive information about the individual and the circumstances surrounding the individual's disappearance to indicate that activation of the alert will help locate the individual.
(C) Nothing in division (B) of this section prevents the activation of a local or regional emergency alert program that may impose different criteria for the activation of a local or regional plan.
(D) Any radio broadcast station, television broadcast station, or cable system participating in the statewide emergency alert program or in any local or regional emergency alert program, and any director, officer, employee, or agent of any station or system participating in either type of alert program, shall not be liable to any person for damages for any loss allegedly caused by or resulting from the station's or system's broadcast or cablecast of, or failure to broadcast or cablecast, any information pursuant to the statewide emergency alert program or the local or regional emergency alert program.
(E) A local investigating law enforcement agency shall not be required to notify the statewide emergency alert program that the law enforcement agency has received information that meets the activation criteria set forth in division (B) of this section during the first twenty-four hours after the law enforcement agency receives the information.
(F) Nothing in this section shall be construed to authorize the use of the federal emergency alert system unless otherwise authorized by federal law.
(G) As used in this section:
(1)
"Cable system" has the same meaning as in division
(B) of section
2913.04
2913.01
of
the Revised Code.
(2) "Law enforcement agency" includes, but is not limited to, a county sheriff's office, the office of a village marshal, a police department of a municipal corporation, a police force of a regional transit authority, a police force of a metropolitan housing authority, the state highway patrol, a state university law enforcement agency, the office of a township police constable, and the police department of a township or joint police district.
(3) "Mental impairment" means a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, or ability to live independently or provide self-care as certified by a licensed physician, psychiatrist, or psychologist.
Sec. 5502.53. (A) As used in this section:
"Cable
system" has the meaning defined in division
(B) of section
2913.04
2913.01
of
the Revised Code.
"Law enforcement agency" means an organization or unit made up of law enforcement officers as defined in section 2901.01 of the Revised Code.
(B) There is created the statewide blue alert program that consists of a statewide system for the rapid dissemination of information to speed the apprehension of persons suspected of killing or seriously injuring law enforcement officers and to aid in the location of missing law enforcement officers. The governor shall organize the program as a coordinated effort among the governor's office, the department of public safety, the attorney general, law enforcement agencies, the state's public and commercial television and radio broadcasters, the state's cable systems, and others as considered necessary by the governor.
(C) A statewide blue alert shall be activated if all of the following activation criteria are met:
(1) A local law enforcement agency confirms that a law enforcement officer has been seriously injured or killed, and a suspect has not been apprehended, or that a law enforcement officer is missing while on duty under circumstances warranting concern for the law enforcement officer's safety.
(2) There is sufficient descriptive information about the suspect or the circumstances surrounding a law enforcement officer's injury, death, or disappearance to indicate that activation of the alert may help locate a suspect or a missing law enforcement officer.
Nothing in this division prevents the activation of a local or regional emergency alert program that may impose different criteria for the activation of a local or regional emergency alert.
(D) A radio broadcast station, television broadcast station, or cable system participating in the statewide blue alert program, and a director, officer, employee, or agent of a station or system participating in the program, is immune from liability for damages for any loss allegedly caused by or resulting from the station's or system's broadcast or cablecast of, or failure to broadcast or cablecast, any information pursuant to the statewide blue alert program.
(E) The statewide blue alert program shall be operated in such a manner that it complements and does not conflict with similar federal alert programs.
Sec. 5739.026. (A) A board of county commissioners may levy a tax on every retail sale in the county, except sales of watercraft and outboard motors required to be titled pursuant to Chapter 1548. of the Revised Code and sales of motor vehicles, at a rate of not more than one-half of one per cent and may increase the rate of an existing tax to not more than one-half of one per cent to pay the expenses of administering the tax and, except as provided in division (A)(6) of this section, for any one or more of the following purposes provided that the aggregate levy for all such purposes does not exceed one-half of one per cent:
(1) To provide additional revenues for the payment of bonds or notes issued in anticipation of bonds issued by a convention facilities authority established by the board of county commissioners under Chapter 351. of the Revised Code and to provide additional operating revenues for the convention facilities authority;
(2) To provide additional revenues for a transit authority operating in the county;
(3) To provide additional revenue for the county's general fund;
(4) To provide additional revenue for permanent improvements to be distributed by the community improvements board in accordance with section 307.283 and to pay principal, interest, and premium on bonds issued under section 307.284 of the Revised Code;
(5) To provide additional revenue for the acquisition, construction, equipping, or repair of any specific permanent improvement or any class or group of permanent improvements, which improvement or class or group of improvements shall be enumerated in the resolution required by division (D) of this section, and to pay principal, interest, premium, and other costs associated with the issuance of bonds or notes in anticipation of bonds issued pursuant to Chapter 133. of the Revised Code for the acquisition, construction, equipping, or repair of the specific permanent improvement or class or group of permanent improvements;
(6) To provide revenue for the implementation and operation of a 9-1-1 system in the county. If the tax is levied or the rate increased exclusively for such purpose, the tax shall not be levied or the rate increased for more than five years. At the end of the last year the tax is levied or the rate increased, any balance remaining in the special fund established for such purpose shall remain in that fund and be used exclusively for such purpose until the fund is completely expended, and, notwithstanding section 5705.16 of the Revised Code, the board of county commissioners shall not petition for the transfer of money from such special fund, and the tax commissioner shall not approve such a petition.
If the tax is levied or the rate increased for such purpose for more than five years, the board of county commissioners also shall levy the tax or increase the rate of the tax for one or more of the purposes described in divisions (A)(1) to (5) of this section and shall prescribe the method for allocating the revenues from the tax each year in the manner required by division (C) of this section.
(7)
To provide additional revenue for the operation or maintenance of a
detention facility, as that term is defined under division
(F) of section
2921.01 of the Revised Code;
(8) To provide revenue to finance the construction or renovation of a sports facility, but only if the tax is levied for that purpose in the manner prescribed by section 5739.028 of the Revised Code.
As used in division (A)(8) of this section:
(a) "Sports facility" means a facility intended to house major league professional athletic teams.
(b) "Constructing" or "construction" includes providing fixtures, furnishings, and equipment.
(9) To provide additional revenue for the acquisition of agricultural easements, as defined in section 5301.67 of the Revised Code; to pay principal, interest, and premium on bonds issued under section 133.60 of the Revised Code; and for the supervision and enforcement of agricultural easements held by the county;
(10) To provide revenue for the provision of ambulance, paramedic, or other emergency medical services;
(11) To provide revenue for the operation of a lake facilities authority and the remediation of an impacted watershed by a lake facilities authority, as provided in Chapter 353. of the Revised Code;
(12) To provide additional revenue for a regional transportation improvement project under section 5595.06 of the Revised Code.
Pursuant to section 755.171 of the Revised Code, a board of county commissioners may pledge and contribute revenue from a tax levied for the purpose of division (A)(5) of this section to the payment of debt charges on bonds issued under section 755.17 of the Revised Code.
The rate of tax shall be a multiple of one-twentieth of one per cent, unless a portion of the rate of an existing tax levied under section 5739.023 of the Revised Code has been reduced, and the rate of tax levied under this section has been increased, pursuant to section 5739.028 of the Revised Code, in which case the aggregate of the rates of tax levied under this section and section 5739.023 of the Revised Code shall be a multiple of one-twentieth of one per cent.
The tax shall be levied and the rate increased pursuant to a resolution adopted by a majority of the members of the board. The board shall deliver a certified copy of the resolution to the tax commissioner, not later than the sixty-fifth day prior to the date on which the tax is to become effective, which shall be the first day of a calendar quarter.
Prior to the adoption of any resolution to levy the tax or to increase the rate of tax exclusively for the purpose set forth in division (A)(3) of this section, the board of county commissioners shall conduct two public hearings on the resolution, the second hearing to be no fewer than three nor more than ten days after the first. Notice of the date, time, and place of the hearings shall be given by publication in a newspaper of general circulation in the county, or as provided in section 7.16 of the Revised Code, once a week on the same day of the week for two consecutive weeks. The second publication shall be no fewer than ten nor more than thirty days prior to the first hearing. Except as provided in division (E) of this section, the resolution shall be subject to a referendum as provided in sections 305.31 to 305.41 of the Revised Code. If the resolution is adopted as an emergency measure necessary for the immediate preservation of the public peace, health, or safety, it must receive an affirmative vote of all of the members of the board of county commissioners and shall state the reasons for the necessity.
If the tax is for more than one of the purposes set forth in divisions (A)(1) to (7), (9), (10), and (12) of this section, or is exclusively for one of the purposes set forth in division (A)(1), (2), (4), (5), (6), (7), (9), (10), or (12) of this section, the resolution shall not go into effect unless it is approved by a majority of the electors voting on the question of the tax.
(B) The board of county commissioners shall adopt a resolution under section 351.02 of the Revised Code creating the convention facilities authority, or under section 307.283 of the Revised Code creating the community improvements board, before adopting a resolution levying a tax for the purpose of a convention facilities authority under division (A)(1) of this section or for the purpose of a community improvements board under division (A)(4) of this section.
(C)(1) If the tax is to be used for more than one of the purposes set forth in divisions (A)(1) to (7), (9), (10), and (12) of this section, the board of county commissioners shall establish the method that will be used to determine the amount or proportion of the tax revenue received by the county during each year that will be distributed for each of those purposes, including, if applicable, provisions governing the reallocation of a convention facilities authority's allocation if the authority is dissolved while the tax is in effect. The allocation method may provide that different proportions or amounts of the tax shall be distributed among the purposes in different years, but it shall clearly describe the method that will be used for each year. Except as otherwise provided in division (C)(2) of this section, the allocation method established by the board is not subject to amendment during the life of the tax.
(2) Subsequent to holding a public hearing on the proposed amendment, the board of county commissioners may amend the allocation method established under division (C)(1) of this section for any year, if the amendment is approved by the governing board of each entity whose allocation for the year would be reduced by the proposed amendment. In the case of a tax that is levied for a continuing period of time, the board may not so amend the allocation method for any year before the sixth year that the tax is in effect.
(a) If the additional revenues provided to the convention facilities authority are pledged by the authority for the payment of convention facilities authority revenue bonds for as long as such bonds are outstanding, no reduction of the authority's allocation of the tax shall be made for any year except to the extent that the reduced authority allocation, when combined with the authority's other revenues pledged for that purpose, is sufficient to meet the debt service requirements for that year on such bonds.
(b) If the additional revenues provided to the county are pledged by the county for the payment of bonds or notes described in division (A)(4) or (5) of this section, for as long as such bonds or notes are outstanding, no reduction of the county's or the community improvements board's allocation of the tax shall be made for any year, except to the extent that the reduced county or community improvements board allocation is sufficient to meet the debt service requirements for that year on such bonds or notes.
(c) If the additional revenues provided to the transit authority are pledged by the authority for the payment of revenue bonds issued under section 306.37 of the Revised Code, for as long as such bonds are outstanding, no reduction of the authority's allocation of tax shall be made for any year, except to the extent that the authority's reduced allocation, when combined with the authority's other revenues pledged for that purpose, is sufficient to meet the debt service requirements for that year on such bonds.
(d) If the additional revenues provided to the county are pledged by the county for the payment of bonds or notes issued under section 133.60 of the Revised Code, for so long as the bonds or notes are outstanding, no reduction of the county's allocation of the tax shall be made for any year, except to the extent that the reduced county allocation is sufficient to meet the debt service requirements for that year on the bonds or notes.
(D)(1) The resolution levying the tax or increasing the rate of tax shall state the rate of the tax or the rate of the increase; the purpose or purposes for which it is to be levied; the number of years for which it is to be levied or that it is for a continuing period of time; the allocation method required by division (C) of this section; and if required to be submitted to the electors of the county under division (A) of this section, the date of the election at which the proposal shall be submitted to the electors of the county, which shall be not less than ninety days after the certification of a copy of the resolution to the board of elections and, if the tax is to be levied exclusively for the purpose set forth in division (A)(3) of this section, shall not occur in August of any year. Upon certification of the resolution to the board of elections, the board of county commissioners shall notify the tax commissioner in writing of the levy question to be submitted to the electors. If approved by a majority of the electors, the tax shall become effective on the first day of a calendar quarter next following the sixty-fifth day following the date the board of county commissioners and tax commissioner receive from the board of elections the certification of the results of the election, except as provided in division (E) of this section.
(2)(a) A resolution specifying that the tax is to be used exclusively for the purpose set forth in division (A)(3) of this section that is not adopted as an emergency measure may direct the board of elections to submit the question of levying the tax or increasing the rate of the tax to the electors of the county at a special election held on the date specified by the board of county commissioners in the resolution, provided that the election occurs not less than ninety days after the resolution is certified to the board of elections and the election is not held in August of any year. Upon certification of the resolution to the board of elections, the board of county commissioners shall notify the tax commissioner in writing of the levy question to be submitted to the electors. No resolution adopted under division (D)(2)(a) of this section shall go into effect unless approved by a majority of those voting upon it and, except as provided in division (E) of this section, not until the first day of a calendar quarter following the expiration of sixty-five days from the date the tax commissioner receives notice from the board of elections of the affirmative vote.
(b) A resolution specifying that the tax is to be used exclusively for the purpose set forth in division (A)(3) of this section that is adopted as an emergency measure shall become effective as provided in division (A) of this section, but may direct the board of elections to submit the question of repealing the tax or increase in the rate of the tax to the electors of the county at the next general election in the county occurring not less than ninety days after the resolution is certified to the board of elections. Upon certification of the resolution to the board of elections, the board of county commissioners shall notify the tax commissioner in writing of the levy question to be submitted to the electors. The ballot question shall be the same as that prescribed in section 5739.022 of the Revised Code. The board of elections shall notify the board of county commissioners and the tax commissioner of the result of the election immediately after the result has been declared. If a majority of the qualified electors voting on the question of repealing the tax or increase in the rate of the tax vote for repeal of the tax or repeal of the increase, the board of county commissioners, on the first day of a calendar quarter following the expiration of sixty-five days after the date the board and tax commissioner received notice of the result of the election, shall, in the case of a repeal of the tax, cease to levy the tax, or, in the case of a repeal of an increase in the rate of the tax, cease to levy the increased rate and levy the tax at the rate at which it was imposed immediately prior to the increase in rate.
(c) A board of county commissioners, by resolution, may reduce the rate of a tax levied exclusively for the purpose set forth in division (A)(3) of this section to a lower rate authorized by this section. Any such reduction shall be made effective on the first day of the calendar quarter next following the sixty-fifth day after the tax commissioner receives a certified copy of the resolution from the board.
(E) If a vendor makes a sale in this state by printed catalog and the consumer computed the tax on the sale based on local rates published in the catalog, any tax levied or repealed or rate changed under this section shall not apply to such a sale until the first day of a calendar quarter following the expiration of one hundred twenty days from the date of notice by the tax commissioner pursuant to division (G) of this section.
(F) The tax levied pursuant to this section shall be in addition to the tax levied by section 5739.02 of the Revised Code and any tax levied pursuant to section 5739.021 or 5739.023 of the Revised Code.
A county that levies a tax pursuant to this section shall levy a tax at the same rate pursuant to section 5741.023 of the Revised Code.
The additional tax levied by the county shall be collected pursuant to section 5739.025 of the Revised Code.
Any tax levied pursuant to this section is subject to the exemptions provided in section 5739.02 of the Revised Code and in addition shall not be applicable to sales not within the taxing power of a county under the Constitution of the United States or the Ohio Constitution.
(G) Upon receipt from a board of county commissioners of a certified copy of a resolution required by division (A) of this section, or from the board of elections a notice of the results of an election required by division (D)(1), (2)(a), (b), or (c) of this section, the tax commissioner shall provide notice of a tax rate change in a manner that is reasonably accessible to all affected vendors. The commissioner shall provide this notice at least sixty days prior to the effective date of the rate change. The commissioner, by rule, may establish the method by which notice will be provided.
Sec. 6111.53. (A) The director of environmental protection shall establish and maintain a water quality monitoring program to collect levels one, two, and three credible data for surface water monitoring and assessment. In the same manner provided in division (A)(2) of section 6111.51 of the Revised Code, the director shall adopt rules establishing the program. The rules shall describe the training and experience that are required for a person to become a qualified data collector in the program. The requirements shall be commensurate with the type and level of data collected. The rules shall require the training to include a thorough knowledge of applicable sampling protocols and field methods so that the data collection and interpretation are reproducible, scientifically defensible, and free from preconceived bias. The rules shall authorize individuals with the necessary academic credentials and experience to train other persons to be qualified data collectors.
The rules also shall require that the data collectors follow plans containing data collection methods, sampling and analysis methods, and quality assurance and quality control procedures that comply with those established in rules adopted under section 6111.51 of the Revised Code. The rules shall require that the plans contain the certification required under division (D) of this section. Plans shall not be required under the rules for credible data that are collected by the environmental protection agency, its contractors, or federal or state environmental agencies. Except as otherwise required by a permit issued by an agency of the state, by findings and orders issued by the director, or pursuant to a court order, plans shall not be required under the rules for data that are submitted pursuant to the requirements of the permit. The director may develop generic plans or generic components of plans for use by qualified data collectors.
(B) A qualified data collector may submit credible data to the director in accordance with a generic plan without submitting a plan to the director for approval under division (C) of this section.
(C) In lieu of submitting data pursuant to a generic plan, a qualified data collector who intends to submit credible data to the director may submit a site-specific plan that complies with the rules adopted under division (A) of this section. If a qualified data collector will be assisted by other persons who are not qualified data collectors, the plan shall include procedures for the supervision of their work to ensure the accuracy of the data collection. The plan shall identify whether the data to be collected are level one, two, or three credible data. The director shall review the plan to determine if it complies with the rules adopted under division (A) of this section and with this division. After reviewing the plan, the director shall either approve or disapprove it. A plan that is not disapproved within sixty days shall be considered to have been approved.
(D)
A person who chooses to submit data for consideration as credible
data shall document the person's status as a qualified data
collector, demonstrate compliance with a generic plan or a
site-specific plan, certify to the best knowledge and belief of the
qualified data collector that the credible data were collected in
accordance with the procedures required by the plan developed or
approved under this section, and certify that the person has not been
convicted of or pleaded guilty to a violation of division
(D) of section
2911.21
2911.06
of
the Revised Code or a substantially similar municipal ordinance
within the previous five years. The director shall not consider data
submitted by a qualified data collector that are not accompanied by
the certification required under this division.
No person is required to submit any of the data collected pursuant to a plan developed or approved under this section unless submission of the data is otherwise required by law, but a person submitting some data pursuant to such a plan shall submit all data collected pursuant to the plan.
(E) The director shall verify that a person submitting data is a qualified data collector, review all data collected by a qualified data collector, and determine that all components of the plan for the collection of the data were followed. If the director determines that the data were collected by a qualified data collector in accordance with required procedures, the director shall approve the data as credible. The director shall provide the qualified data collector with written notice informing the qualified data collector as to whether the data have been approved, including the level at which the data qualify as credible data.
(F) The director shall retain all information submitted by a qualified data collector for a period of not less than ten years from the date of receipt. All information submitted is a public record.
Section 5. That existing sections 1.07, 9.06, 9.07, 101.721, 109.42, 109.54, 109.88, 109.921, 111.48, 145.57, 148.10, 149.433, 311.281, 341.011, 742.461, 753.19, 901.511, 955.261, 955.28, 971.08, 1503.09, 1533.68, 1905.01, 2151.14, 2151.356, 2151.414, 2151.419, 2151.421, 2152.02, 2152.021, 2152.16, 2152.201, 2152.71, 2152.72, 2152.74, 2152.81, 2152.811, 2305.111, 2305.112, 2307.611, 2307.62, 2307.65, 2307.67, 2308.04, 2710.05, 2743.62, 2901.011, 2901.07, 2901.13, 2903.01, 2903.11, 2903.211, 2903.212, 2903.213, 2903.43, 2905.32, 2907.06, 2907.10, 2907.11, 2907.27, 2907.28, 2907.29, 2907.30, 2919.123, 2919.25, 2919.251, 2919.26, 2919.27, 2923.04, 2923.126, 2923.129, 2923.132, 2923.31, 2923.41, 2925.61, 2929.04, 2929.13, 2929.18, 2930.01, 2930.03, 2930.06, 2930.16, 2930.17, 2933.81, 2933.82, 2935.03, 2935.041, 2935.36, 2937.11, 2941.1425, 2945.04, 2945.481, 2945.482, 2945.491, 2949.02, 2950.99, 2953.09, 2967.12, 2967.13, 2967.16, 2967.28, 2971.01, 3109.50, 3111.04, 3301.32, 3301.541, 3305.09, 3309.67, 3313.662, 3319.31, 3319.39, 3333.38, 3712.09, 3715.06, 3721.121, 3737.22, 3750.09, 3751.04, 3752.14, 3770.05, 3772.99, 3905.841, 3999.21, 4301.25, 4303.292, 4507.08, 4508.06, 4510.13, 4510.54, 4511.204, 4511.205, 4519.47, 4715.036, 4729.552, 4729.553, 4734.99, 4925.04, 4931.06, 5103.0319, 5120.14, 5120.66, 5139.01, 5149.101, 5153.111, 5160.292, 5162.15, 5502.52, 5502.522, 5502.53, 5739.026, and 6111.53 of the Revised Code are hereby repealed.
Section 6. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the following sections, presented in this act as composites of the sections as amended by the acts indicated, are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act:
Section 109.42 of the Revised Code as amended by both H.B. 1 and S.B. 201 of the 132nd General Assembly.
Section 109.73 of the Revised Code as amended by both H.B. 24 and S.B. 68 of the 133rd General Assembly.
Section 901.511 of the Revised Code as amended by both H.B. 276 and H.B. 389 of the 129th General Assembly.
Section 2151.421 of the Revised Code as amended by both H.B. 92 and H.B. 110 of the 134th General Assembly.
Section 2152.71 of the Revised Code as amended by both H.B. 247 and H.B. 393 of the 124th General Assembly.
Section 2307.62 of the Revised Code as amended by both H.B. 327 and S.B. 107 of the 124th General Assembly.
Section 2903.11 of the Revised Code as amended by both S.B. 20 and S.B. 201 of the 132nd General Assembly.
Section 2907.05 of the Revised Code as amended by both S.B. 201 and S.B. 229 of the 132nd General Assembly.
Section 2907.28 of the Revised Code as amended by H.B. 483 and S.B. 143 both of the 130th General Assembly.
Section 2913.21 of the Revised Code as amended by both H.B. 312 and S.B. 158 of the 132nd General Assembly.
Section 2921.03 of the Revised Code as amended by both H.B. 88 and H.B. 644 of the 121st General Assembly.
Section 2923.1213 of the Revised Code as amended by both H.B. 234 and S.B. 43 of the 130th General Assembly.
Section 2923.13 of the Revised Code as amended by both H.B. 234 and S.B. 43 of the 130th General Assembly.
Section 2923.31 of the Revised Code as amended by both H.B. 199 and H.B. 405 of the 132nd General Assembly.
Section 2925.04 of the Revised Code as amended by both S.B. 1 and S.B. 201 of the 132nd General Assembly.
Section 2925.11 of the Revised Code as amended by S.B. 1, S.B. 201, and S.B. 229, all of the 132nd General Assembly.
Section 2929.01 of the Revised Code as amended by H.B. 66 and H.B. 431, both of the 133rd General Assembly.
Section 2929.14 of the Revised Code as amended by both H.B. 136 and S.B. 256 of the 133rd General Assembly.
Section 2953.32 of the Revised Code as amended by H.B. 1, H.B. 431, and S.B. 10, all of the 133rd General Assembly.
Section 2953.37 (2953.35) of the Revised Code as amended by both H.B. 228 and H.B. 425 of the 132nd General Assembly.
Section 2967.193 of the Revised Code as amended by both S.B. 145 and S.B. 201 of the 132nd General Assembly.
Section 2971.03 of the Revised Code as amended by both H.B. 136 and S.B. 256 of the 133rd General Assembly.
Section 3772.99 of the Revised Code as amended by both H.B. 32 and H.B. 49 of the 132nd General Assembly.
Section 4301.69 of the Revised Code as amended by both H.B. 137 and S.B. 131 of the 126th General Assembly.
Section 4723.28 of the Revised Code as amended by both H.B. 203 and H.B. 263 of the 133rd General Assembly.
Section 4730.25 of the Revised Code as amended by both H.B. 203 and H.B. 263 both of the 133rd General Assembly.
Section 4734.31 of the Revised Code as amended by H.B. 151, H.B. 263, and H.B. 442, all of the 133rd General Assembly.