Regards transporting a firearm in a motor vehicle

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 413

2025-2026

Senator Schaffer

To
amend sections 1547.69, 2923.128, 2923.16, 2953.35, and 4511.19 of
the Revised Code
to
modify the circumstances in which a person may transport a firearm in
a motor vehicle.

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

Section
1.
That
sections 1547.69, 2923.128, 2923.16, 2953.35, and 4511.19 of the
Revised Code be amended to read as follows:

Sec.
1547.69.
(A)
As used in this section:

(1)
"Firearm," "concealed handgun license,"
"handgun," "valid concealed handgun license," and
"active duty" have the same meanings as in section 2923.11
of the Revised Code.

(2)
"Unloaded" has the same meanings as in divisions
(K)(5)

(J)(5)

and
(6) of section 2923.16 of the Revised Code, except that all
references in the definition in division (K)(5) of that section to
"vehicle" shall be construed for purposes of this section
to be references to "vessel."

(B)
No person shall knowingly discharge a firearm while in or on a
vessel.

(C)
No person shall knowingly transport or have a loaded firearm in a
vessel in a manner that the firearm is accessible to the operator or
any passenger.

(D)
No person shall knowingly transport or have a firearm in a vessel
unless it is unloaded and is carried in one of the following ways:

(1)
In a closed package, box, or case;

(2)
In plain sight with the action opened or the weapon stripped, or, if
the firearm is of a type on which the action will not stay open or
that cannot easily be stripped, in plain sight.

(E)(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 (C) or (D) of this section that involves a
firearm other than a handgun. It is an affirmative defense to a
charge under division (C) or (D) of this section of transporting or
having a firearm of any type, including a handgun, in a vessel that
the actor transported or had the firearm in the vessel for any lawful
purpose and while the vessel was on the actor's own property,
provided that this affirmative defense is not available unless the
actor, prior to arriving at the vessel on the actor's own property,
did not transport or possess the firearm in the vessel or in a motor
vehicle in a manner prohibited by this section or division (B)
or
(C)
of
section 2923.16 of the Revised Code while the vessel was being
operated on a waterway that was not on the actor's own property or
while the motor vehicle was being operated on a street, highway, or
other public or private property used by the public for vehicular
traffic.

(2)
No person who is charged with a violation of division (C) or (D) of
this section shall be required to obtain a license or temporary
emergency license to carry a concealed handgun under section 2923.125
or 2923.1213 of the Revised Code as a condition for the dismissal of
the charge.

(F)
Divisions (B), (C), and (D) of this section do not apply to the
possession or discharge of a United States coast guard approved
signaling device required to be carried aboard a vessel under section
1547.251 of the Revised Code when the signaling device is possessed
or used for the purpose of giving a visual distress signal. No person
shall knowingly transport or possess any signaling device of that
nature in or on a vessel in a loaded condition at any time other than
immediately prior to the discharge of the signaling device for the
purpose of giving a visual distress signal.

(G)
No person shall operate or permit to be operated any vessel on the
waters in this state in violation of this section.

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

(a)
An officer, agent, or employee of this or any other state or of the
United States, or to a law enforcement officer, when authorized to
carry or have loaded or accessible firearms in a vessel 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 a vessel, 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 (H)(1)(b)
of this section does not apply to the person;

(c)
Any person legally engaged in hunting.

(2)
Divisions (C) and (D) of this section do not apply to a person who
transports or possesses a handgun in a vessel and who has been issued
a concealed handgun license that is valid at the time of that
transportation or possession or who, at the time of that
transportation or possession, 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,
unless the person knowingly is in a place on the vessel described in
division (B) of section 2923.126 of the Revised Code.

(I)
If a law enforcement officer stops a vessel for a violation of this
section or any other law enforcement purpose, if any person on the
vessel 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.

(J)
Division
(L)

(K)

of
section 2923.16 of the Revised Code applies with respect to division
(A)(2) of this section, except that all references in division
(L)

(K)

of
section 2923.16 of the Revised Code to "vehicle," to "this
chapter," or to "division (K)(5)(a) or (b) of this section"
shall be construed for purposes of this section to be, respectively,
references to "vessel," to "section 1547.69 of the
Revised Code," and to divisions
(K)(5)(a)

(J)(5)(a)

and
(b) of section 2923.16 of the Revised Code as incorporated under the
definition of firearm adopted under division (A)(2) of this section.

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)(2) or
(4) of section 2923.12 of the Revised Code or of division
(E)(3)

(D)(3)

or
(5) of section 2923.16 of the Revised Code, 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)(2) of section 2923.12 of the
Revised Code or of division
(E)(3)

(D)(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)

(D)(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.

(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, 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
under adjudication of mental incompetence 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,
sections 2953.31 to 2953.35, or section 2953.39 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.
2923.16.
(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

Unloaded
and in
a
closed package, box, or case;

(2)
In a compartment that can be reached only by leaving the vehicle;

(3)

In

Unloaded
and 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)

(C)

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)

(D)

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)
Before or at the time a law enforcement officer asks if the person is
carrying a concealed handgun, knowingly fail to disclose that the
person then possesses or has a loaded handgun in the motor vehicle,
provided that it is not a violation of this division if the person
fails to disclose that fact to an officer during the stop and the
person already has notified another officer of that fact during the
same stop;

(2)
Before or at the time an employee of the motor carrier enforcement
unit asks if the person is carrying a concealed handgun, knowingly
fail to disclose that the person then possesses or has a loaded
handgun in the commercial motor vehicle, provided that it is not a
violation of this division if the person fails to disclose that fact
to an employee of the unit during the stop and the person already has
notified another employee of the unit of that fact during the same
stop;

(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)

(E)(1)

Divisions
(A), (B),
(C),

and

(E)

(D)

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)

(E)(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)

(E)(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
Division

(B)
and
(C)
of
this section
do
does

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
(F)(4)(b)

(E)(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
(F)(4)(b)

(E)(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
Division

(B)
and
(C)
of
this section
do
does

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 has been issued a
concealed handgun license that is valid at the time in question or
the person 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
Division

(B)
and
(C)
of
this section
do
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 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),
or

(D)
,

or
(E)
of
this section or any other provision of the Revised Code.

(G)(1)

(F)(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)

(G)(1)

No
person who is charged with a violation of division (B)
,

or

(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)

(D)

of
this section 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 division
(E)

(D)

of
this section on or after September 30, 2011, or if a person is
convicted of, was convicted of, pleads guilty to, or has pleaded
guilty to a violation of division
(E)(1)

(D)(1)

or
(2) of this section as it existed prior to June 13, 2022, the person
may file an application under section 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
former

division
(B)
or
(C)
of
this section as the division existed prior to September 30, 2011,
or
former division (C) 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
former

division
(B)

or (C)
of
this section
as
it existed
on
or after September 30, 2011,
until
the effective date of this amendment, or former division (C) of this
section as it existed on or after September 30, 2011, until the
effective date of this amendment,
due
to the application of

former

division (F)(5)
of
this section as it existed on or after September 30, 2011, and before
the effective date of this amendment and division (E)(5)
of
this section as it exists on and after
September
30, 2011

the effective date of this amendment
,
the person may file an application under section 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
2953.35 of the Revised Code and the offenders identified in division

(H)(2)(a)

(G)(2)(a)

of
this section and those identified in division (E)(2) of section
2923.12 of the Revised Code who are authorized to apply for the
expungement.
Within
thirty days after September 30, 2011, with respect to violations of
division (B), (C), or (E) of this section as they existed prior to
that date, and within thirty days after June 13, 2022, with respect
to a violation of division (E)(1) or (2) of this section or division
(B)(1) of section 2923.12 of the Revised Code as they existed prior
to June 13, 2022, the
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)

(H)

Whoever
violates this section is guilty of improperly handling firearms in a
motor vehicle. A violation of division (A) of this section is a
felony of the fourth degree. A violation of division
(C)

(B)

of
this section is a misdemeanor of the fourth degree. A violation of
division
(D)

(C)

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. A violation of division
(E)(1)

(D)(1)

or
(2) of this section is a misdemeanor of the second degree. A
violation of division
(E)(4)

(D)(4)

of
this section is a felony of the fifth degree. A violation of division

(E)(3)

(D)(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)

(D)(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)

(D)(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)

(I)

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)

(J)

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)

(J)(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)

(J)(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)

(J)(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)

(K)

Divisions

(K)(5)(a)

(J)(5)(a)

and
(b) of this section do not affect the authority of a person who has
been issued a concealed handgun license that is valid at the time in
question 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 has been
issued a concealed handgun license that is valid at the time in
question 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.
2953.35.
(A)
Any person who is convicted of, was convicted of, pleads guilty to,
or has pleaded guilty to a violation of
former

division
(B), (C), or (E) of section 2923.16 of the Revised Code as
the
division
those
divisions
existed
prior to September 30, 2011, or a violation of
former

division
(E)(1) or (2) of section 2923.16 of the Revised Code as
the
division
those
divisions
existed
prior to June 13, 2022, and who is authorized by division
(H)(2)(a)

(G)(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. Any person who
is convicted of, was convicted of, pleads guilty to, or has pleaded
guilty to a violation of division (B)(1) of section 2923.12 of the
Revised Code as it existed prior to June 13, 2022, and who is
authorized by division (E)(2) of that section 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, with respect to violations of
former

division
(B), (C), or (E) of section 2923.16 of the Revised Code as
they
those
divisions

existed prior to
that
date
September
30, 2011
,
or at any time on or after June 13, 2022, with respect to a violation
of division (B)(1) of section 2923.12 of the Revised Code or of
division
(E)(1)

(D)(1)

or
(2) of section 2923.16 of the Revised Code as the particular division
existed prior to June 13, 2022. 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
former

division
(B), (C), or (E) of section 2923.16 of the Revised Code as
the
division
those
divisions
existed
prior to September 30, 2011, or was a violation of division (B)(1) of
section 2923.12 of the Revised Code or of division
(E)(1)

(D)(1)

or
(2) of section 2923.16 of the Revised Code as the particular division
existed prior to June 13, 2022, and that the applicant is authorized
by division
(H)(2)(a)

(G)(2)(a)

of
section 2923.16 or division (E)(2) of section 2923.12 of the Revised
Code, whichever is applicable, to file an application under this
section;

(3)
Include a request for expungement of the record of conviction of that
offense under this section.

(B)
Upon the filing of an application under division (A) of this section
and the payment of the fee described in division (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.

(C)(1)
At the hearing held under division (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
former

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
former

division
(B) or (C) of section 2923.16 of the Revised Code as
the
division
those
divisions
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,

until the effective date of this amendment,

due to the application of division (F)(5) of that section as it

exists

existed

on
and after September 30, 2011
,
until the effective date of this amendment and division (E)(5) of
that section as it exists on and after the effective date of this
amendment
;

(c)
Determine whether the applicant has been convicted of or pleaded
guilty to a violation of division (B)(1) of section 2923.12 of the
Revised Code or of division
(E)(1)

(D)(1)

or
(2) of section 2923.16 of the Revised Code as the particular division
existed prior to June 13, 2022;

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

(e)
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 (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
former

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; that the applicant has been convicted of or
pleaded guilty to a violation of
former

division
(B) or (C) of section 2923.16 of the Revised Code as
the
division
those
divisions
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,

until the effective date of this amendment,

due to the application of
former

division
(F)(5) of that section as it
exists

existed

on
and after September 30, 2011
,
until the effective date of this amendment and division (E)(5) of
that section as it exists on and after the effective date of this
amendment
;
or that the applicant has been convicted of or pleaded guilty to a
violation of division (B)(1) of section 2923.12 of the Revised Code
or of division
(E)(1)

(D)(1)

or
(2) of section 2923.16 of the Revised Code as the particular division
existed prior to June 13, 2022;

(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 (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.
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) 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,
oral fluid, 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
presence and 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, oral fluid, 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 presence and 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, oral fluid,
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, oral fluid,
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, oral fluid, 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 five hundred sixty-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) 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 seven hundred fifteen 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) 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 one thousand forty 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) of this section or other equivalent offenses, 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 five hundred forty 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 five hundred forty 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 (H) 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)
One hundred twenty-five 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 one hundred
twenty-five 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)
One hundred fifteen dollars shall be credited to the statewide
treatment and prevention fund created by section 4301.30 of the
Revised Code. Money credited to the fund under this section shall be
used for purposes identified under section 5119.22 of the Revised
Code.

(h)
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, oral fluid, or urine.

(c)
The test or tests indicated that the offender had one of the
following at the time of the offense:

(i)
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;

(ii)
A drug of abuse or a metabolite of a drug of abuse in the offender's
oral fluid.

(9)
A court may warn any person who is convicted of or who pleads guilty
to a violation of division (A) of this section or an equivalent
offense that a subsequent violation of this section or an equivalent
offense that results in the death of another or the unlawful
termination of another's pregnancy may result in the person being
guilty of aggravated vehicular homicide under section 2903.06 of the
Revised Code. The court may warn the person of the applicable
penalties for that violation under sections 2903.06 and 2929.142 of
the Revised Code.

(10)
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) 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)
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)
(C)

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.

Section
2.
That
existing sections 1547.69, 2923.128, 2923.16, 2953.35, and 4511.19 of
the Revised Code are hereby repealed.

Section
3.
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
2923.128 of the Revised Code as a composite of the section as amended
by H.B. 281, S.B. 215, and S.B. 288 all of the 134th General
Assembly.

Section
4511.19 of the Revised Code as a composite of the section as amended
by both H.B. 37 and S.B. 100 of the 135th General Assembly.