Ohio 136th General Assembly Status: Passed Senate 1 R cosponsors

SB 55 — Regards operating under the influence of marihuana, OVI evidence

Last action — Referred to committee

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the Senate. Introduced January 28, 2025. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the House.

Prognosis

Stalled 32% · moderate confidence

Where this bill stands today.

Odds of enactment

Moderate

How often bills like it became law.

  • Passed Senate

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Mixed recorded votes

    2 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

To amend sections 1547.11, 3701.143, and 4511.19 of the Revised Code to change the laws pertaining to operating a vehicle or watercraft while under the influence of marihuana and the admissibility of evidence for purposes of OVI statutes.

Bill Text

What changed in the latest version

62 added · 59 removed

Plain-language change summary

The latest version of Bill SB 55 now includes a list of cosponsors who support the bill, while references to the Senate Judiciary Committee's earlier report have been removed. This change is significant because the inclusion of the cosponsors highlights broader legislative support for the bill, which may help it advance further through the legislative process. Removing the earlier committee report suggests a shift in how the bill is being viewed and prioritized in its current form.

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As Reported by the Senate Judiciary Committee 136th General Assembly Regular Session Sub.
As Passed by the Senate 136th General Assembly Regular Session Sub.
55 2025-2026 Senator Manning To amend sections 1547.11, 3701.143, 4511.181, and 1 4511.19 of the Revised Code to change the laws 2 pertaining to operating a vehicle or watercraft 3 while under the influence of marihuana and the 4 admissibility of evidence for purposes of OVI 5 statutes.
55 2025-2026 Senator Manning Cosponsors:
Senators Antonio, Blackshear, Blessing, Cirino, Craig, DeMora, Hicks-Hudson, Huffman, Ingram, Johnson, Koehler, Landis, Lang, Reineke, Reynolds, Wilson To amend sections 1547.11, 3701.143, 4511.181, and 1 4511.19 of the Revised Code to change the laws 2 pertaining to operating a vehicle or watercraft 3 while under the influence of marihuana and the 4 admissibility of evidence for purposes of OVI 5 statutes.
15 (2) The person has a concentration of eight-hundredths of 16 one per cent or more by weight of alcohol per unit volume in the 17 person's whole blood.
15 (2) The person has a concentration of eight-hundredths of 16 one per cent or more by weight of alcohol per unit volume in the 17 Sub.
18 (3) The person has a concentration of ninety-six- 19 thousandths of one per cent or more by weight per unit volume of 20 Sub.
55 Page 2 As Reported by the Senate Judiciary Committee alcohol in the person's blood serum or plasma.
55 Page 2 As Passed by the Senate person's whole blood.
18 (3) The person has a concentration of ninety-six- 19 thousandths of one per cent or more by weight per unit volume of 20 alcohol in the person's blood serum or plasma.
44 (c) The person has a concentration of cocaine metabolite 45 in the person's urine of at least one hundred fifty nanograms of 46 cocaine metabolite per milliliter of the person's urine or has a 47 concentration of cocaine metabolite in the person's whole blood 48 or blood serum or plasma of at least fifty nanograms of cocaine 49 Sub.
44 (c) The person has a concentration of cocaine metabolite 45 in the person's urine of at least one hundred fifty nanograms of 46 Sub.
55 Page 3 As Reported by the Senate Judiciary Committee metabolite per milliliter of the person's whole blood or blood 50 serum or plasma.
55 Page 3 As Passed by the Senate cocaine metabolite per milliliter of the person's urine or has a 47 concentration of cocaine metabolite in the person's whole blood 48 or blood serum or plasma of at least fifty nanograms of cocaine 49 metabolite per milliliter of the person's whole blood or blood 50 serum or plasma.
71 (g) The person has a concentration of marihuana in the 72 person's urine of at least ten nanograms of marihuana per 73 milliliter of the person's urine or has a concentration of 74 marihuana (tetrahydrocannabinol) in the person's whole blood or 75 blood serum or plasma of at least two five nanograms of 76 marihuana tetrahydrocannabinol per milliliter of the person's 77 whole blood or blood serum or plasma.
71 (g) The person has a concentration of marihuana in the 72 person's urine of at least ten nanograms of marihuana per 73 milliliter of the person's urine or has a concentration of 74 marihuana (tetrahydrocannabinol) in the person's whole blood or 75 blood serum or plasma of at least two five nanograms of 76 Sub.
78 Sub.
55 Page 4 As Reported by the Senate Judiciary Committee (h) The state board of pharmacy has adopted a rule 79 pursuant to section 4729.041 of the Revised Code that specifies 80 the amount of salvia divinorum and the amount of salvinorin A 81 that constitute concentrations of salvia divinorum and 82 salvinorin A in a person's urine, in a person's whole blood, or 83 in a person's blood serum or plasma at or above which the person 84 is impaired for purposes of operating or being in physical 85 control of any vessel underway or manipulating any water skis, 86 aquaplane, or similar device on the waters of this state, the 87 rule is in effect, and the person has a concentration of salvia 88 divinorum or salvinorin A of at least that amount so specified 89 by rule in the person's urine, in the person's whole blood, or 90 in the person's blood serum or plasma.
55 Page 4 As Passed by the Senate marihuana tetrahydrocannabinol per milliliter of the person's 77 whole blood or blood serum or plasma.
78 (h) The state board of pharmacy has adopted a rule 79 pursuant to section 4729.041 of the Revised Code that specifies 80 the amount of salvia divinorum and the amount of salvinorin A 81 that constitute concentrations of salvia divinorum and 82 salvinorin A in a person's urine, in a person's whole blood, or 83 in a person's blood serum or plasma at or above which the person 84 is impaired for purposes of operating or being in physical 85 control of any vessel underway or manipulating any water skis, 86 aquaplane, or similar device on the waters of this state, the 87 rule is in effect, and the person has a concentration of salvia 88 divinorum or salvinorin A of at least that amount so specified 89 by rule in the person's urine, in the person's whole blood, or 90 in the person's blood serum or plasma.
101 (ii) As measured by gas chromatography mass spectrometry, 102 the person has a concentration of marihuana metabolite in the 103 person's urine of at least thirty-five nanograms of marihuana 104 metabolite per milliliter of the person's urine or has a 105 concentration of marihuana metabolite in the person's whole 106 blood or blood serum or plasma of at least fifty nanograms of 107 marihuana metabolite per milliliter of the person's whole blood 108 Sub.
101 (ii) As measured by gas chromatography mass spectrometry, 102 the person has a concentration of marihuana metabolite in the 103 person's urine of at least thirty-five nanograms of marihuana 104 metabolite per milliliter of the person's urine or has a 105 concentration of marihuana metabolite in the person's whole 106 Sub.
55 Page 5 As Reported by the Senate Judiciary Committee or blood serum or plasma.
55 Page 5 As Passed by the Senate blood or blood serum or plasma of at least fifty nanograms of 107 marihuana metabolite per milliliter of the person's whole blood 108 or blood serum or plasma.
132 (2) The person has a concentration of at least three- 133 hundredths of one per cent but less than ninety-six-thousandths 134 of one per cent by weight per unit volume of alcohol in the 135 person's blood serum or plasma.
132 (2) The person has a concentration of at least three- 133 hundredths of one per cent but less than ninety-six-thousandths 134 of one per cent by weight per unit volume of alcohol in the 135 Sub.
136 (3) The person has a concentration of at least twenty- 137 Sub.
55 Page 6 As Reported by the Senate Judiciary Committee eight one-thousandths of one gram, but less than eleven- 138 hundredths of one gram by weight of alcohol per one hundred 139 milliliters of the person's urine.
55 Page 6 As Passed by the Senate person's blood serum or plasma.
136 (3) The person has a concentration of at least twenty- 137 eight one-thousandths of one gram, but less than eleven- 138 hundredths of one gram by weight of alcohol per one hundred 139 milliliters of the person's urine.
158 (b) In any criminal prosecution or juvenile court 159 proceeding for a violation of division (A) or (B) of this 160 section or for an equivalent offense that is watercraft-related, 161 the court may admit evidence on the presence and concentration 162 of alcohol, drugs of abuse, controlled substances, metabolites 163 of a controlled substance, or a combination of them in the 164 defendant's or child's whole blood, blood serum or plasma, 165 urine, oral fluid, or breath at the time of the alleged 166 violation as shown by chemical analysis of the substance 167 Sub.
158 (b) In any criminal prosecution or juvenile court 159 proceeding for a violation of division (A) or (B) of this 160 section or for an equivalent offense that is watercraft-related, 161 the court may admit evidence on the presence and concentration 162 of alcohol, drugs of abuse, controlled substances, metabolites 163 of a controlled substance, or a combination of them in the 164 Sub.
55 Page 7 As Reported by the Senate Judiciary Committee withdrawn, or specimen taken within three hours of the time of 168 the alleged violation.
55 Page 7 As Passed by the Senate defendant's or child's whole blood, blood serum or plasma, 165 urine, oral fluid, or breath at the time of the alleged 166 violation as shown by chemical analysis of the substance 167 withdrawn, or specimen taken within three hours of the time of 168 the alleged violation.
192 The whole blood, blood serum or plasma, urine, oral fluid, 193 or breath withdrawn under division (D)(1)(b) of this section 194 shall be analyzed in accordance with methods approved by the 195 director of health by an individual possessing a valid permit 196 issued by the director pursuant to section 3701.143 of the 197 Revised Code.
192 The whole blood, blood serum or plasma, urine, oral fluid, 193 or breath withdrawn under division (D)(1)(b) of this section 194 shall be analyzed in accordance with methods approved by the 195 Sub.
198 Sub.
55 Page 8 As Reported by the Senate Judiciary Committee (c)(i) Any evidence or testimony proposed to be admitted 199 under division (D)(1)(b) of this section is subject to the Rules 200 of Evidence, including Evid.
55 Page 8 As Passed by the Senate director of health by an individual possessing a valid permit 196 issued by the director pursuant to section 3701.143 of the 197 Revised Code.
198 (c)(i) Any evidence or testimony proposed to be admitted 199 under division (D)(1)(b) of this section is subject to the Rules 200 of Evidence, including Evid.
220 (2) In a criminal prosecution or juvenile court proceeding 221 for a violation of division (A) of this section or for an 222 equivalent offense that is watercraft-related, if there was at 223 the time the bodily substance was taken a concentration of less 224 than the applicable concentration of alcohol specified for a 225 violation of division (A)(2), (3), (4), or (5) of this section 226 or less than the applicable concentration of a listed controlled 227 Sub.
220 (2) In a criminal prosecution or juvenile court proceeding 221 for a violation of division (A) of this section or for an 222 equivalent offense that is watercraft-related, if there was at 223 the time the bodily substance was taken a concentration of less 224 Sub.
55 Page 9 As Reported by the Senate Judiciary Committee substance or a listed metabolite of a controlled substance 228 specified for a violation of division (A)(6) of this section, 229 that fact may be considered with other competent evidence in 230 determining the guilt or innocence of the defendant or in making 231 an adjudication for the child.
55 Page 9 As Passed by the Senate than the applicable concentration of alcohol specified for a 225 violation of division (A)(2), (3), (4), or (5) of this section 226 or less than the applicable concentration of a listed controlled 227 substance or a listed metabolite of a controlled substance 228 specified for a violation of division (A)(6) of this section, 229 that fact may be considered with other competent evidence in 230 determining the guilt or innocence of the defendant or in making 231 an adjudication for the child.
249 (E)(1) In any criminal prosecution or juvenile court 250 proceeding for a violation of division (A) or (B) of this 251 section, of a municipal ordinance relating to operating or being 252 in physical control of any vessel underway or to manipulating 253 any water skis, aquaplane, or similar device on the waters of 254 this state while under the influence of alcohol, a drug of 255 abuse, or a combination of them, or of a municipal ordinance 256 relating to operating or being in physical control of any vessel 257 Sub.
249 (E)(1) In any criminal prosecution or juvenile court 250 proceeding for a violation of division (A) or (B) of this 251 section, of a municipal ordinance relating to operating or being 252 in physical control of any vessel underway or to manipulating 253 any water skis, aquaplane, or similar device on the waters of 254 Sub.
55 Page 10 As Reported by the Senate Judiciary Committee underway or to manipulating any water skis, aquaplane, or 258 similar device on the waters of this state with a prohibited 259 concentration of alcohol, a controlled substance, or a 260 metabolite of a controlled substance in the whole blood, blood 261 serum or plasma, breath, oral fluid, or urine, if a law 262 enforcement officer has administered a field sobriety test to 263 the operator or person found to be in physical control of the 264 vessel underway involved in the violation or the person 265 manipulating the water skis, aquaplane, or similar device 266 involved in the violation and if it is shown by clear and 267 convincing evidence that the officer administered the test in 268 substantial compliance with the testing standards for reliable, 269 credible, and generally accepted field sobriety tests for 270 vehicles that were in effect at the time the tests were 271 administered, including, but not limited to, any testing 272 standards then in effect that have been set by the national 273 highway traffic safety administration, that by their nature are 274 not clearly inapplicable regarding the operation or physical 275 control of vessels underway or the manipulation of water skis, 276 aquaplanes, or similar devices, all of the following apply:
55 Page 10 As Passed by the Senate this state while under the influence of alcohol, a drug of 255 abuse, or a combination of them, or of a municipal ordinance 256 relating to operating or being in physical control of any vessel 257 underway or to manipulating any water skis, aquaplane, or 258 similar device on the waters of this state with a prohibited 259 concentration of alcohol, a controlled substance, or a 260 metabolite of a controlled substance in the whole blood, blood 261 serum or plasma, breath, oral fluid, or urine, if a law 262 enforcement officer has administered a field sobriety test to 263 the operator or person found to be in physical control of the 264 vessel underway involved in the violation or the person 265 manipulating the water skis, aquaplane, or similar device 266 involved in the violation and if it is shown by clear and 267 convincing evidence that the officer administered the test in 268 substantial compliance with the testing standards for reliable, 269 credible, and generally accepted field sobriety tests for 270 vehicles that were in effect at the time the tests were 271 administered, including, but not limited to, any testing 272 standards then in effect that have been set by the national 273 highway traffic safety administration, that by their nature are 274 not clearly inapplicable regarding the operation or physical 275 control of vessels underway or the manipulation of water skis, 276 aquaplanes, or similar devices, all of the following apply:
282 (c) If testimony is presented or evidence is introduced 283 under division (E)(1)(a) or (b) of this section and if the 284 testimony or evidence is admissible under the Rules of Evidence, 285 the court shall admit the testimony or evidence, and the trier 286 of fact shall give it whatever weight the trier of fact 287 Sub.
282 (c) If testimony is presented or evidence is introduced 283 under division (E)(1)(a) or (b) of this section and if the 284 Sub.
55 Page 11 As Reported by the Senate Judiciary Committee considers to be appropriate.
55 Page 11 As Passed by the Senate testimony or evidence is admissible under the Rules of Evidence, 285 the court shall admit the testimony or evidence, and the trier 286 of fact shall give it whatever weight the trier of fact 287 considers to be appropriate.
307 (2)(a) If the court admits any evidence or testimony 308 submitted by the prosecution under division (D)(1)(b) of this 309 section that demonstrates that a person had a concentration of 310 tetrahydrocannabinol that is within one of the levels specified 311 in division (F)(1) of this section, the trier of fact may, 312 without expert testimony, infer that the person was under the 313 influence of marihuana in violation of division (A)(1) of this 314 section.
307 (2)(a) If the court admits any evidence or testimony 308 submitted by the prosecution under division (D)(1)(b) of this 309 section that demonstrates that a person had a concentration of 310 tetrahydrocannabinol that is within one of the levels specified 311 in division (F)(1) of this section, the trier of fact may, 312 without expert testimony, infer that the person was under the 313 Sub.
315 (b) The inference that a person was under the influence of 316 Sub.
55 Page 12 As Reported by the Senate Judiciary Committee marihuana in violation of division (A)(1) of this section may be 317 supported or rebutted by either party with any evidence or 318 testimony that complies with the Rules of Evidence.
55 Page 12 As Passed by the Senate influence of marihuana in violation of division (A)(1) of this 314 section.
315 (b) The inference that a person was under the influence of 316 marihuana in violation of division (A)(1) of this section may be 317 supported or rebutted by either party with any evidence or 318 testimony that complies with the Rules of Evidence.
342 (c) A copy of a notarized statement by the laboratory 343 director or a designee of the director that contains the name of 344 each certified analyst or test performer involved with the 345 Sub.
342 Sub.
55 Page 13 As Reported by the Senate Judiciary Committee report, the analyst's or test performer's employment 346 relationship with the laboratory that issued the report, and a 347 notation that performing an analysis of the type involved is 348 part of the analyst's or test performer's regular duties;
55 Page 13 As Passed by the Senate (c) A copy of a notarized statement by the laboratory 343 director or a designee of the director that contains the name of 344 each certified analyst or test performer involved with the 345 report, the analyst's or test performer's employment 346 relationship with the laboratory that issued the report, and a 347 notation that performing an analysis of the type involved is 348 part of the analyst's or test performer's regular duties;
372 (G)(H) Except as otherwise provided in this division, any 373 physician, registered nurse, emergency medical technician- 374 intermediate, emergency medical technician-paramedic, or 375 Sub.
372 Sub.
55 Page 14 As Reported by the Senate Judiciary Committee qualified technician, chemist, or phlebotomist who withdraws 376 blood from a person pursuant to this section or section 1547.111 377 of the Revised Code, and a hospital, first-aid station, or 378 clinic at which blood is withdrawn from a person pursuant to 379 this section or section 1547.111 of the Revised Code, is immune 380 from criminal and civil liability based upon a claim of assault 381 and battery or any other claim that is not a claim of 382 malpractice, for any act performed in withdrawing blood from the 383 person.
55 Page 14 As Passed by the Senate (G)(H) Except as otherwise provided in this division, any 373 physician, registered nurse, emergency medical technician- 374 intermediate, emergency medical technician-paramedic, or 375 qualified technician, chemist, or phlebotomist who withdraws 376 blood from a person pursuant to this section or section 1547.111 377 of the Revised Code, and a hospital, first-aid station, or 378 clinic at which blood is withdrawn from a person pursuant to 379 this section or section 1547.111 of the Revised Code, is immune 380 from criminal and civil liability based upon a claim of assault 381 and battery or any other claim that is not a claim of 382 malpractice, for any act performed in withdrawing blood from the 383 person.
401 (2) The person injected, ingested, or inhaled the 402 controlled substance in accordance with the health 403 professional's directions.
401 (2) The person injected, ingested, or inhaled the 402 Sub.
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404 (I)(J) As used in this section and section 1547.111 of the 405 Sub.
55 Page 15 As Reported by the Senate Judiciary Committee Revised Code:
55 Page 15 As Passed by the Senate controlled substance in accordance with the health 403 professional's directions.
404 (I)(J) As used in this section and section 1547.111 of the 405 Revised Code:
425 (b) A violation of a municipal ordinance prohibiting a 426 person from operating or being in physical control of any vessel 427 underway or from manipulating any water skis, aquaplane, or 428 similar device on the waters of this state while under the 429 influence of alcohol, a drug of abuse, or a combination of them 430 or prohibiting a person from operating or being in physical 431 control of any vessel underway or from manipulating any water 432 skis, aquaplane, or similar device on the waters of this state 433 Sub.
425 (b) A violation of a municipal ordinance prohibiting a 426 person from operating or being in physical control of any vessel 427 underway or from manipulating any water skis, aquaplane, or 428 similar device on the waters of this state while under the 429 influence of alcohol, a drug of abuse, or a combination of them 430 Sub.
55 Page 16 As Reported by the Senate Judiciary Committee with a prohibited concentration of alcohol, a controlled 434 substance, or a metabolite of a controlled substance in the 435 whole blood, blood serum or plasma, breath, or urine;
55 Page 16 As Passed by the Senate or prohibiting a person from operating or being in physical 431 control of any vessel underway or from manipulating any water 432 skis, aquaplane, or similar device on the waters of this state 433 with a prohibited concentration of alcohol, a controlled 434 substance, or a metabolite of a controlled substance in the 435 whole blood, blood serum or plasma, breath, or urine;
450 (B) For purposes of sections 1547.11, 4511.19, and 451 4511.194 of the Revised Code, the director of health shall 452 determine, or cause to be determined, techniques or methods for 453 chemically analyzing a person's whole blood, blood serum or 454 plasma, urine, breath, oral fluid, or other bodily substance in 455 order to ascertain the presence or amount of alcohol, a drug of 456 abuse, controlled substance, metabolite of a controlled 457 substance, or combination of them in the person's whole blood, 458 blood serum or plasma, urine, breath, oral fluid, or other 459 bodily substance.
450 (B) For purposes of sections 1547.11, 4511.19, and 451 4511.194 of the Revised Code, the director of health shall 452 determine, or cause to be determined, techniques or methods for 453 chemically analyzing a person's whole blood, blood serum or 454 plasma, urine, breath, oral fluid, or other bodily substance in 455 order to ascertain the presence or amount of alcohol, a drug of 456 abuse, controlled substance, metabolite of a controlled 457 substance, or combination of them in the person's whole blood, 458 blood serum or plasma, urine, breath, oral fluid, or other 459 Sub.
The director shall approve satisfactory 460 techniques or methods, ascertain the qualifications of 461 individuals to conduct such analyses, and issue permits to 462 Sub.
55 Page 17 As Reported by the Senate Judiciary Committee qualified persons authorizing them to perform such analyses.
55 Page 17 As Passed by the Senate bodily substance.
The director shall approve satisfactory 460 techniques or methods, ascertain the qualifications of 461 individuals to conduct such analyses, and issue permits to 462 qualified persons authorizing them to perform such analyses.
488 (A) "Equivalent offense" means any of the following:
488 Sub.
489 (1) A violation of division (A) of section 4511.19 of the 490 Revised Code;
491 Sub.
55 Page 18 As Reported by the Senate Judiciary Committee (2) A violation of a municipal OVI ordinance;
55 Page 18 As Passed by the Senate (A) "Equivalent offense" means any of the following:
489 (1) A violation of division (A) of section 4511.19 of the 490 Revised Code;
491 (2) A violation of a municipal OVI ordinance;
507 (7) A violation of a municipal ordinance prohibiting a 508 person from operating or being in physical control of any vessel 509 underway or from manipulating any water skis, aquaplane, or 510 similar device on the waters of this state while under the 511 influence of alcohol, a drug of abuse, or a combination of them 512 or prohibiting a person from operating or being in physical 513 control of any vessel underway or from manipulating any water 514 skis, aquaplane, or similar device on the waters of this state 515 with a prohibited concentration of alcohol, a controlled 516 substance, or a metabolite of a controlled substance in the 517 whole blood, blood serum or plasma, breath, or urine;
507 (7) A violation of a municipal ordinance prohibiting a 508 person from operating or being in physical control of any vessel 509 underway or from manipulating any water skis, aquaplane, or 510 similar device on the waters of this state while under the 511 influence of alcohol, a drug of abuse, or a combination of them 512 or prohibiting a person from operating or being in physical 513 control of any vessel underway or from manipulating any water 514 skis, aquaplane, or similar device on the waters of this state 515 with a prohibited concentration of alcohol, a controlled 516 substance, or a metabolite of a controlled substance in the 517 Sub.
518 (8) A violation of an existing or former municipal 519 ordinance, law of another state, or law of the United States 520 Sub.
55 Page 19 As Reported by the Senate Judiciary Committee that is substantially equivalent to division (A) of section 521 4511.19 or division (A) of section 1547.11 of the Revised Code;
55 Page 19 As Passed by the Senate whole blood, blood serum or plasma, breath, or urine;
518 (8) A violation of an existing or former municipal 519 ordinance, law of another state, or law of the United States 520 that is substantially equivalent to division (A) of section 521 4511.19 or division (A) of section 1547.11 of the Revised Code;
544 (D) "Community residential sanction," "continuous alcohol 545 monitoring," "jail," "mandatory prison term," "mandatory term of 546 local incarceration," "sanction," and "prison term" have the 547 same meanings as in section 2929.01 of the Revised Code.
544 (D) "Community residential sanction," "continuous alcohol 545 monitoring," "jail," "mandatory prison term," "mandatory term of 546 Sub.
548 (E) "Drug of abuse" has the same meaning as in section 549 Sub.
55 Page 20 As Reported by the Senate Judiciary Committee 4506.01 of the Revised Code.
55 Page 20 As Passed by the Senate local incarceration," "sanction," and "prison term" have the 547 same meanings as in section 2929.01 of the Revised Code.
548 (E) "Drug of abuse" has the same meaning as in section 549 4506.01 of the Revised Code.
573 (a) The person is under the influence of alcohol, a drug 574 of abuse, or a combination of them.
573 (a) The person is under the influence of alcohol, a drug 574 Sub.
575 (b) The person has a concentration of eight-hundredths of 576 one per cent or more but less than seventeen-hundredths of one 577 Sub.
55 Page 21 As Reported by the Senate Judiciary Committee per cent by weight per unit volume of alcohol in the person's 578 whole blood.
55 Page 21 As Passed by the Senate of abuse, or a combination of them.
575 (b) The person has a concentration of eight-hundredths of 576 one per cent or more but less than seventeen-hundredths of one 577 per cent by weight per unit volume of alcohol in the person's 578 whole blood.
600 (i) The person has a concentration of two hundred thirty- 601 eight-thousandths of one gram or more by weight of alcohol per 602 one hundred milliliters of the person's urine.
600 (i) The person has a concentration of two hundred thirty- 601 eight-thousandths of one gram or more by weight of alcohol per 602 Sub.
603 (j) Except as provided in division (K) of this section, 604 the person has a concentration of any of the following 605 Sub.
55 Page 22 As Reported by the Senate Judiciary Committee controlled substances or metabolites of a controlled substance 606 in the person's whole blood, blood serum or plasma, or urine 607 that equals or exceeds any of the following:
55 Page 22 As Passed by the Senate one hundred milliliters of the person's urine.
603 (j) Except as provided in division (K) of this section, 604 the person has a concentration of any of the following 605 controlled substances or metabolites of a controlled substance 606 in the person's whole blood, blood serum or plasma, or urine 607 that equals or exceeds any of the following:
627 (iv) The person has a concentration of heroin in the 628 person's urine of at least two thousand nanograms of heroin per 629 milliliter of the person's urine or has a concentration of 630 heroin in the person's whole blood or blood serum or plasma of 631 at least fifty nanograms of heroin per milliliter of the 632 person's whole blood or blood serum or plasma.
627 (iv) The person has a concentration of heroin in the 628 person's urine of at least two thousand nanograms of heroin per 629 milliliter of the person's urine or has a concentration of 630 heroin in the person's whole blood or blood serum or plasma of 631 Sub.
633 (v) The person has a concentration of heroin metabolite 634 Sub.
55 Page 23 As Reported by the Senate Judiciary Committee (6-monoacetyl morphine) in the person's urine of at least ten 635 nanograms of heroin metabolite (6-monoacetyl morphine) per 636 milliliter of the person's urine or has a concentration of 637 heroin metabolite (6-monoacetyl morphine) in the person's whole 638 blood or blood serum or plasma of at least ten nanograms of 639 heroin metabolite (6-monoacetyl morphine) per milliliter of the 640 person's whole blood or blood serum or plasma.
55 Page 23 As Passed by the Senate at least fifty nanograms of heroin per milliliter of the 632 person's whole blood or blood serum or plasma.
633 (v) The person has a concentration of heroin metabolite 634 (6-monoacetyl morphine) in the person's urine of at least ten 635 nanograms of heroin metabolite (6-monoacetyl morphine) per 636 milliliter of the person's urine or has a concentration of 637 heroin metabolite (6-monoacetyl morphine) in the person's whole 638 blood or blood serum or plasma of at least ten nanograms of 639 heroin metabolite (6-monoacetyl morphine) per milliliter of the 640 person's whole blood or blood serum or plasma.
655 (I) The person is under the influence of alcohol, a drug 656 of abuse, or a combination of them, and the person has a 657 concentration of marihuana metabolite in the person's urine of 658 at least fifteen nanograms of marihuana metabolite per 659 milliliter of the person's urine or has a concentration of 660 marihuana metabolite in the person's whole blood or blood serum 661 or plasma of at least five nanograms of marihuana metabolite per 662 milliliter of the person's whole blood or blood serum or plasma.
655 (I) The person is under the influence of alcohol, a drug 656 of abuse, or a combination of them, and the person has a 657 concentration of marihuana metabolite in the person's urine of 658 at least fifteen nanograms of marihuana metabolite per 659 milliliter of the person's urine or has a concentration of 660 Sub.
663 Sub.
55 Page 24 As Reported by the Senate Judiciary Committee (II) The person has a concentration of marihuana 664 metabolite in the person's urine of at least thirty-five 665 nanograms of marihuana metabolite per milliliter of the person's 666 urine or has a concentration of marihuana metabolite in the 667 person's whole blood or blood serum or plasma of at least fifty 668 nanograms of marihuana metabolite per milliliter of the person's 669 whole blood or blood serum or plasma.
55 Page 24 As Passed by the Senate marihuana metabolite in the person's whole blood or blood serum 661 or plasma of at least five nanograms of marihuana metabolite per 662 milliliter of the person's whole blood or blood serum or plasma.
663 (II) The person has a concentration of marihuana 664 metabolite in the person's urine of at least thirty-five 665 nanograms of marihuana metabolite per milliliter of the person's 666 urine or has a concentration of marihuana metabolite in the 667 person's whole blood or blood serum or plasma of at least fifty 668 nanograms of marihuana metabolite per milliliter of the person's 669 whole blood or blood serum or plasma.
684 (xi)(x) The state board of pharmacy has adopted a rule 685 pursuant to section 4729.041 of the Revised Code that specifies 686 the amount of salvia divinorum and the amount of salvinorin A 687 that constitute concentrations of salvia divinorum and 688 salvinorin A in a person's urine, in a person's whole blood, or 689 in a person's blood serum or plasma at or above which the person 690 is impaired for purposes of operating any vehicle, streetcar, or 691 trackless trolley within this state, the rule is in effect, and 692 the person has a concentration of salvia divinorum or salvinorin 693 Sub.
684 (xi)(x) The state board of pharmacy has adopted a rule 685 pursuant to section 4729.041 of the Revised Code that specifies 686 the amount of salvia divinorum and the amount of salvinorin A 687 that constitute concentrations of salvia divinorum and 688 salvinorin A in a person's urine, in a person's whole blood, or 689 in a person's blood serum or plasma at or above which the person 690 Sub.
55 Page 25 As Reported by the Senate Judiciary Committee A of at least that amount so specified by rule in the person's 694 urine, in the person's whole blood, or in the person's blood 695 serum or plasma.
55 Page 25 As Passed by the Senate is impaired for purposes of operating any vehicle, streetcar, or 691 trackless trolley within this state, the rule is in effect, and 692 the person has a concentration of salvia divinorum or salvinorin 693 A of at least that amount so specified by rule in the person's 694 urine, in the person's whole blood, or in the person's blood 695 serum or plasma.
719 (2) The person has a concentration of at least three- 720 hundredths of one per cent but less than ninety-six-thousandths 721 of one per cent by weight per unit volume of alcohol in the 722 Sub.
719 Sub.
55 Page 26 As Reported by the Senate Judiciary Committee person's blood serum or plasma.
55 Page 26 As Passed by the Senate (2) The person has a concentration of at least three- 720 hundredths of one per cent but less than ninety-six-thousandths 721 of one per cent by weight per unit volume of alcohol in the 722 person's blood serum or plasma.
744 (b) In any criminal prosecution or juvenile court 745 proceeding for a violation of division (A) or (B) of this 746 section or for an equivalent offense that is vehicle-related, 747 the court may admit evidence on the presence and concentration 748 of alcohol, drugs of abuse, controlled substances, metabolites 749 of a controlled substance, or a combination of them in the 750 defendant's whole blood, blood serum or plasma, breath, urine, 751 Sub.
744 (b) In any criminal prosecution or juvenile court 745 proceeding for a violation of division (A) or (B) of this 746 section or for an equivalent offense that is vehicle-related, 747 the court may admit evidence on the presence and concentration 748 Sub.
55 Page 27 As Reported by the Senate Judiciary Committee oral fluid, or other bodily substance at the time of the alleged 752 violation as shown by chemical analysis of the substance 753 withdrawn within three hours of the time of the alleged 754 violation.
55 Page 27 As Passed by the Senate of alcohol, drugs of abuse, controlled substances, metabolites 749 of a controlled substance, or a combination of them in the 750 defendant's whole blood, blood serum or plasma, breath, urine, 751 oral fluid, or other bodily substance at the time of the alleged 752 violation as shown by chemical analysis of the substance 753 withdrawn within three hours of the time of the alleged 754 violation.
777 The bodily substance withdrawn under division (D)(1)(b) of 778 this section shall be analyzed in accordance with methods 779 approved by the director of health by an individual possessing a 780 valid permit issued by the director pursuant to section 3701.143 781 of the Revised Code.
777 The bodily substance withdrawn under division (D)(1)(b) of 778 this section shall be analyzed in accordance with methods 779 Sub.
782 Sub.
55 Page 28 As Reported by the Senate Judiciary Committee (c)(c)(i) Any evidence or testimony proposed to be 783 admitted under division (D)(1)(b) of this section is subject to 784 the Rules of Evidence, including Evid.
55 Page 28 As Passed by the Senate approved by the director of health by an individual possessing a 780 valid permit issued by the director pursuant to section 3701.143 781 of the Revised Code.
782 (c)(c)(i) Any evidence or testimony proposed to be 783 admitted under division (D)(1)(b) of this section is subject to 784 the Rules of Evidence, including Evid.
805 (d) As used in division (D)(1)(b) of this section, 806 "emergency medical technician-intermediate" and "emergency 807 medical technician-paramedic" have the same meanings as in 808 section 4765.01 of the Revised Code.
805 (d) As used in division (D)(1)(b) of this section, 806 "emergency medical technician-intermediate" and "emergency 807 medical technician-paramedic" have the same meanings as in 808 Sub.
809 (2) In a criminal prosecution or juvenile court proceeding 810 for a violation of division (A) of this section or for an 811 Sub.
55 Page 29 As Reported by the Senate Judiciary Committee equivalent offense that is vehicle-related, if there was at the 812 time the bodily substance was withdrawn a concentration of less 813 than the applicable concentration of alcohol specified in 814 divisions (A)(1)(b), (c), (d), and (e) of this section or less 815 than the applicable concentration of a listed controlled 816 substance or a listed metabolite of a controlled substance 817 specified for a violation of division (A)(1)(j) of this section, 818 that fact may be considered with other competent evidence in 819 determining the guilt or innocence of the defendant.
55 Page 29 As Passed by the Senate section 4765.01 of the Revised Code.
809 (2) In a criminal prosecution or juvenile court proceeding 810 for a violation of division (A) of this section or for an 811 equivalent offense that is vehicle-related, if there was at the 812 time the bodily substance was withdrawn a concentration of less 813 than the applicable concentration of alcohol specified in 814 divisions (A)(1)(b), (c), (d), and (e) of this section or less 815 than the applicable concentration of a listed controlled 816 substance or a listed metabolite of a controlled substance 817 specified for a violation of division (A)(1)(j) of this section, 818 that fact may be considered with other competent evidence in 819 determining the guilt or innocence of the defendant.
If the 834 person was under arrest as described in division (A)(5) of 835 section 4511.191 of the Revised Code, the arresting officer 836 shall advise the person at the time of the arrest that the 837 person may have an independent chemical test taken at the 838 person's own expense.
If the 834 person was under arrest as described in division (A)(5) of 835 section 4511.191 of the Revised Code, the arresting officer 836 shall advise the person at the time of the arrest that the 837 person may have an independent chemical test taken at the 838 Sub.
If the person was under arrest other than 839 described in division (A)(5) of section 4511.191 of the Revised 840 Code, the form to be read to the person to be tested, as 841 required under section 4511.192 of the Revised Code, shall state 842 Sub.
55 Page 30 As Reported by the Senate Judiciary Committee that the person may have an independent test performed at the 843 person's expense.
55 Page 30 As Passed by the Senate person's own expense.
If the person was under arrest other than 839 described in division (A)(5) of section 4511.191 of the Revised 840 Code, the form to be read to the person to be tested, as 841 required under section 4511.192 of the Revised Code, shall state 842 that the person may have an independent test performed at the 843 person's expense.
852 (b) In any criminal prosecution or juvenile court 853 proceeding for a violation of division (A) or (B) of this 854 section, of a municipal ordinance relating to operating a 855 vehicle while under the influence of alcohol, a drug of abuse, 856 or alcohol and a drug of abuse, or of a municipal ordinance 857 relating to operating a vehicle with a prohibited concentration 858 of alcohol, a controlled substance, or a metabolite of a 859 controlled substance in the whole blood, blood serum or plasma, 860 breath, oral fluid, or urine, if a law enforcement officer has 861 administered a field sobriety test to the operator of the 862 vehicle involved in the violation and if it is shown by clear 863 and convincing evidence that the officer administered the test 864 in substantial compliance with the testing standards for any 865 reliable, credible, and generally accepted field sobriety tests 866 that were in effect at the time the tests were administered, 867 including, but not limited to, any testing standards then in 868 effect that were set by the national highway traffic safety 869 administration, all of the following apply:
852 (b) In any criminal prosecution or juvenile court 853 proceeding for a violation of division (A) or (B) of this 854 section, of a municipal ordinance relating to operating a 855 vehicle while under the influence of alcohol, a drug of abuse, 856 or alcohol and a drug of abuse, or of a municipal ordinance 857 relating to operating a vehicle with a prohibited concentration 858 of alcohol, a controlled substance, or a metabolite of a 859 controlled substance in the whole blood, blood serum or plasma, 860 breath, oral fluid, or urine, if a law enforcement officer has 861 administered a field sobriety test to the operator of the 862 vehicle involved in the violation and if it is shown by clear 863 and convincing evidence that the officer administered the test 864 in substantial compliance with the testing standards for any 865 reliable, credible, and generally accepted field sobriety tests 866 that were in effect at the time the tests were administered, 867 including, but not limited to, any testing standards then in 868 effect that were set by the national highway traffic safety 869 Sub.
870 (i) The officer may testify concerning the results of the 871 field sobriety test so administered.
872 Sub.
55 Page 31 As Reported by the Senate Judiciary Committee (ii) The prosecution may introduce the results of the 873 field sobriety test so administered as evidence in any 874 proceedings in the criminal prosecution or juvenile court 875 proceeding.
55 Page 31 As Passed by the Senate administration, all of the following apply:
870 (i) The officer may testify concerning the results of the 871 field sobriety test so administered.
872 (ii) The prosecution may introduce the results of the 873 field sobriety test so administered as evidence in any 874 proceedings in the criminal prosecution or juvenile court 875 proceeding.
898 (iii) The person has a concentration of at least five 899 nanograms of tetrahydrocannabinol per milliliter of the person's 900 oral fluid.
898 Sub.
901 Sub.
55 Page 32 As Reported by the Senate Judiciary Committee (b)(i) If the court admits any evidence or testimony 902 submitted by the prosecution under division (D)(1)(b) of this 903 section that demonstrates that a person had a concentration of 904 tetrahydrocannabinol that is within one of the levels specified 905 in division (D)(5)(a) of this section, the trier of fact may, 906 without expert testimony, infer that the person was under the 907 influence of marihuana in violation of division (A)(1)(a) of 908 this section.
55 Page 32 As Passed by the Senate (iii) The person has a concentration of at least five 899 nanograms of tetrahydrocannabinol per milliliter of the person's 900 oral fluid.
901 (b)(i) If the court admits any evidence or testimony 902 submitted by the prosecution under division (D)(1)(b) of this 903 section that demonstrates that a person had a concentration of 904 tetrahydrocannabinol that is within one of the levels specified 905 in division (D)(5)(a) of this section, the trier of fact may, 906 without expert testimony, infer that the person was under the 907 influence of marihuana in violation of division (A)(1)(a) of 908 this section.
918 (E)(1) Subject to division (E)(3) of this section, in any 919 criminal prosecution or juvenile court proceeding for a 920 violation of division (A)(1)(b), (c), (d), (e), (f), (g), (h), 921 (i), or (j) or (B)(1), (2), (3), or (4) of this section or for 922 an equivalent offense that is substantially equivalent to any of 923 those divisions, a laboratory report from any laboratory 924 personnel issued a permit by the department of health 925 authorizing an analysis as described in this division that 926 contains an analysis of the whole blood, blood serum or plasma, 927 breath, urine, or other bodily substance tested and that 928 contains all of the information specified in this division shall 929 be admitted as prima-facie evidence of the information and 930 statements that the report contains.
918 (E)(1) Subject to division (E)(3) of this section, in any 919 criminal prosecution or juvenile court proceeding for a 920 violation of division (A)(1)(b), (c), (d), (e), (f), (g), (h), 921 (i), or (j) or (B)(1), (2), (3), or (4) of this section or for 922 an equivalent offense that is substantially equivalent to any of 923 those divisions, a laboratory report from any laboratory 924 personnel issued a permit by the department of health 925 authorizing an analysis as described in this division that 926 contains an analysis of the whole blood, blood serum or plasma, 927 breath, urine, or other bodily substance tested and that 928 Sub.
The laboratory report shall 931 Sub.
55 Page 33 As Reported by the Senate Judiciary Committee contain all of the following:
55 Page 33 As Passed by the Senate contains all of the information specified in this division shall 929 be admitted as prima-facie evidence of the information and 930 statements that the report contains.
The laboratory report shall 931 contain all of the following:
951 (2) Notwithstanding any other provision of law regarding 952 the admission of evidence, a report of the type described in 953 division (E)(1) of this section is not admissible against the 954 defendant to whom it pertains in any proceeding, other than a 955 preliminary hearing or a grand jury proceeding, unless the 956 prosecutor has served a copy of the report on the defendant's 957 attorney or, if the defendant has no attorney, on the defendant.
951 (2) Notwithstanding any other provision of law regarding 952 the admission of evidence, a report of the type described in 953 division (E)(1) of this section is not admissible against the 954 defendant to whom it pertains in any proceeding, other than a 955 preliminary hearing or a grand jury proceeding, unless the 956 prosecutor has served a copy of the report on the defendant's 957 Sub.
958 (3) A report of the type described in division (E)(1) of 959 this section shall not be prima-facie evidence of the contents, 960 Sub.
55 Page 34 As Reported by the Senate Judiciary Committee identity, or amount of any substance if, within seven days after 961 the defendant to whom the report pertains or the defendant's 962 attorney receives a copy of the report, the defendant or the 963 defendant's attorney demands the testimony of the person who 964 signed the report.
55 Page 34 As Passed by the Senate attorney or, if the defendant has no attorney, on the defendant.
958 (3) A report of the type described in division (E)(1) of 959 this section shall not be prima-facie evidence of the contents, 960 identity, or amount of any substance if, within seven days after 961 the defendant to whom the report pertains or the defendant's 962 attorney receives a copy of the report, the defendant or the 963 defendant's attorney demands the testimony of the person who 964 signed the report.
987 (G)(1) Whoever violates any provision of divisions (A)(1) 988 (a) to (i) or (A)(2) of this section is guilty of operating a 989 vehicle under the influence of alcohol, a drug of abuse, or a 990 Sub.
987 Sub.
55 Page 35 As Reported by the Senate Judiciary Committee combination of them.
55 Page 35 As Passed by the Senate (G)(1) Whoever violates any provision of divisions (A)(1) 988 (a) to (i) or (A)(2) of this section is guilty of operating a 989 vehicle under the influence of alcohol, a drug of abuse, or a 990 combination of them.
The court also may suspend the execution of any 1017 part of the three-day jail term under this division if it places 1018 the offender under a community control sanction pursuant to 1019 section 2929.25 of the Revised Code for part of the three days, 1020 Sub.
The court also may suspend the execution of any 1017 Sub.
55 Page 36 As Reported by the Senate Judiciary Committee requires the offender to attend for the suspended part of the 1021 term a drivers' intervention program so certified, and sentences 1022 the offender to a jail term equal to the remainder of the three 1023 consecutive days that the offender does not spend attending the 1024 program.
55 Page 36 As Passed by the Senate part of the three-day jail term under this division if it places 1018 the offender under a community control sanction pursuant to 1019 section 2929.25 of the Revised Code for part of the three days, 1020 requires the offender to attend for the suspended part of the 1021 term a drivers' intervention program so certified, and sentences 1022 the offender to a jail term equal to the remainder of the three 1023 consecutive days that the offender does not spend attending the 1024 program.
1043 (ii) If the sentence is being imposed for a violation of 1044 division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this 1045 section, except as otherwise provided in this division, a 1046 mandatory jail term of at least three consecutive days and a 1047 requirement that the offender attend, for three consecutive 1048 days, a drivers' intervention program that is certified pursuant 1049 to section 5119.38 of the Revised Code.
1043 (ii) If the sentence is being imposed for a violation of 1044 division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this 1045 section, except as otherwise provided in this division, a 1046 mandatory jail term of at least three consecutive days and a 1047 requirement that the offender attend, for three consecutive 1048 Sub.
As used in this 1050 division, three consecutive days means seventy-two consecutive 1051 Sub.
55 Page 37 As Reported by the Senate Judiciary Committee hours.
55 Page 37 As Passed by the Senate days, a drivers' intervention program that is certified pursuant 1049 to section 5119.38 of the Revised Code.
As used in this 1050 division, three consecutive days means seventy-two consecutive 1051 hours.
1078 (iii) In all cases, a fine of not less than five hundred 1079 sixty-five and not more than one thousand seventy-five dollars;
1078 Sub.
1080 (iv) In all cases, a suspension of the offender's driver's 1081 Sub.
55 Page 38 As Reported by the Senate Judiciary Committee or commercial driver's license or permit or nonresident 1082 operating privilege for a definite period of one to three years.
55 Page 38 As Passed by the Senate (iii) In all cases, a fine of not less than five hundred 1079 sixty-five and not more than one thousand seventy-five dollars;
1080 (iv) In all cases, a suspension of the offender's driver's 1081 or commercial driver's license or permit or nonresident 1082 operating privilege for a definite period of one to three years.
1108 In addition to the jail term or the term of house arrest 1109 with electronic monitoring or continuous alcohol monitoring or 1110 both types of monitoring and jail term, the court shall require 1111 Sub.
1108 Sub.
55 Page 39 As Reported by the Senate Judiciary Committee the offender to be assessed by a community addiction services 1112 provider that is authorized by section 5119.21 of the Revised 1113 Code, subject to division (I) of this section, and shall order 1114 the offender to follow the treatment recommendations of the 1115 services provider.
55 Page 39 As Passed by the Senate In addition to the jail term or the term of house arrest 1109 with electronic monitoring or continuous alcohol monitoring or 1110 both types of monitoring and jail term, the court shall require 1111 the offender to be assessed by a community addiction services 1112 provider that is authorized by section 5119.21 of the Revised 1113 Code, subject to division (I) of this section, and shall order 1114 the offender to follow the treatment recommendations of the 1115 services provider.
1134 In addition to the jail term or the term of house arrest 1135 with electronic monitoring or continuous alcohol monitoring or 1136 both types of monitoring and jail term, the court shall require 1137 the offender to be assessed by a community addiction service 1138 provider that is authorized by section 5119.21 of the Revised 1139 Code, subject to division (I) of this section, and shall order 1140 the offender to follow the treatment recommendations of the 1141 services provider.
1134 In addition to the jail term or the term of house arrest 1135 with electronic monitoring or continuous alcohol monitoring or 1136 both types of monitoring and jail term, the court shall require 1137 the offender to be assessed by a community addiction service 1138 provider that is authorized by section 5119.21 of the Revised 1139 Sub.
The purpose of the assessment is to determine 1142 Sub.
55 Page 40 As Reported by the Senate Judiciary Committee the degree of the offender's alcohol usage and to determine 1143 whether or not treatment is warranted.
55 Page 40 As Passed by the Senate Code, subject to division (I) of this section, and shall order 1140 the offender to follow the treatment recommendations of the 1141 services provider.
The purpose of the assessment is to determine 1142 the degree of the offender's alcohol usage and to determine 1143 whether or not treatment is warranted.
1168 (i) If the sentence is being imposed for a violation of 1169 division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, 1170 a mandatory jail term of thirty consecutive days.
1168 Sub.
The court 1171 Sub.
55 Page 41 As Reported by the Senate Judiciary Committee shall impose the thirty-day mandatory jail term under this 1172 division unless, subject to division (G)(3) of this section, it 1173 instead imposes a sentence under that division consisting of 1174 both a jail term and a term of house arrest with electronic 1175 monitoring, with continuous alcohol monitoring, or with both 1176 electronic monitoring and continuous alcohol monitoring.
55 Page 41 As Passed by the Senate (i) If the sentence is being imposed for a violation of 1169 division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, 1170 a mandatory jail term of thirty consecutive days.
The court 1171 shall impose the thirty-day mandatory jail term under this 1172 division unless, subject to division (G)(3) of this section, it 1173 instead imposes a sentence under that division consisting of 1174 both a jail term and a term of house arrest with electronic 1175 monitoring, with continuous alcohol monitoring, or with both 1176 electronic monitoring and continuous alcohol monitoring.
of the Revised Code, a fine of not less than one 1198 thousand forty and not more than two thousand seven hundred 1199 fifty dollars;
of the Revised Code, a fine of not less than one 1198 thousand forty and not more than two thousand seven hundred 1199 Sub.
1200 (iv) In all cases, a suspension of the offender's driver's 1201 Sub.
55 Page 42 As Reported by the Senate Judiciary Committee license, commercial driver's license, temporary instruction 1202 permit, probationary license, or nonresident operating privilege 1203 for a definite period of two to twelve years.
55 Page 42 As Passed by the Senate fifty dollars;
1200 (iv) In all cases, a suspension of the offender's driver's 1201 license, commercial driver's license, temporary instruction 1202 permit, probationary license, or nonresident operating privilege 1203 for a definite period of two to twelve years.
1223 (d) Except as otherwise provided in division (G)(1)(e) of 1224 this section, an offender who, within ten years of the offense, 1225 previously has been convicted of or pleaded guilty to three or 1226 four violations of division (A) of this section or other 1227 equivalent offenses, an offender who, within twenty years of the 1228 offense, previously has been convicted of or pleaded guilty to 1229 five or more violations of that nature, or an offender who 1230 previously has been convicted of or pleaded guilty to a 1231 Sub.
1223 (d) Except as otherwise provided in division (G)(1)(e) of 1224 this section, an offender who, within ten years of the offense, 1225 previously has been convicted of or pleaded guilty to three or 1226 four violations of division (A) of this section or other 1227 equivalent offenses, an offender who, within twenty years of the 1228 offense, previously has been convicted of or pleaded guilty to 1229 Sub.
55 Page 43 As Reported by the Senate Judiciary Committee specification of the type described in section 2941.1413 of the 1232 Revised Code, is guilty of a felony of the fourth degree.
55 Page 43 As Passed by the Senate five or more violations of that nature, or an offender who 1230 previously has been convicted of or pleaded guilty to a 1231 specification of the type described in section 2941.1413 of the 1232 Revised Code, is guilty of a felony of the fourth degree.
If the court imposes a mandatory 1259 prison term or mandatory prison term and additional prison term, 1260 in addition to the term or terms so imposed, the court also may 1261 sentence the offender to a community control sanction for the 1262 Sub.
If the court imposes a mandatory 1259 prison term or mandatory prison term and additional prison term, 1260 Sub.
55 Page 44 As Reported by the Senate Judiciary Committee offense, but the offender shall serve all of the prison terms so 1263 imposed prior to serving the community control sanction.
55 Page 44 As Passed by the Senate in addition to the term or terms so imposed, the court also may 1261 sentence the offender to a community control sanction for the 1262 offense, but the offender shall serve all of the prison terms so 1263 imposed prior to serving the community control sanction.
If the court imposes a mandatory 1290 prison term or mandatory prison term and additional prison term, 1291 in addition to the term or terms so imposed, the court also may 1292 sentence the offender to a community control sanction for the 1293 Sub.
If the court imposes a mandatory 1290 prison term or mandatory prison term and additional prison term, 1291 Sub.
55 Page 45 As Reported by the Senate Judiciary Committee offense, but the offender shall serve all of the prison terms so 1294 imposed prior to serving the community control sanction.
55 Page 45 As Passed by the Senate in addition to the term or terms so imposed, the court also may 1292 sentence the offender to a community control sanction for the 1293 offense, but the offender shall serve all of the prison terms so 1294 imposed prior to serving the community control sanction.
Upon the request of the court, 1320 the services provider shall submit the results of the assessment 1321 to the court, including all treatment recommendations and 1322 clinical diagnoses related to alcohol use.
Upon the request of the court, 1320 the services provider shall submit the results of the assessment 1321 Sub.
1323 Sub.
55 Page 46 As Reported by the Senate Judiciary Committee (vii) In all cases, if the court sentences the offender to 1324 a mandatory term of local incarceration, in addition to the 1325 mandatory term, the court, pursuant to section 2929.17 of the 1326 Revised Code, may impose a term of house arrest with electronic 1327 monitoring.
55 Page 46 As Passed by the Senate to the court, including all treatment recommendations and 1322 clinical diagnoses related to alcohol use.
1323 (vii) In all cases, if the court sentences the offender to 1324 a mandatory term of local incarceration, in addition to the 1325 mandatory term, the court, pursuant to section 2929.17 of the 1326 Revised Code, may impose a term of house arrest with electronic 1327 monitoring.
In addition to the 1349 mandatory prison term or mandatory prison term and additional 1350 prison term the court imposes, the court also may sentence the 1351 offender to a community control sanction for the offense, but 1352 the offender shall serve all of the prison terms so imposed 1353 prior to serving the community control sanction.
In addition to the 1349 mandatory prison term or mandatory prison term and additional 1350 prison term the court imposes, the court also may sentence the 1351 Sub.
1354 Sub.
55 Page 47 As Reported by the Senate Judiciary Committee (ii) If the sentence is being imposed for a violation of 1355 division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this 1356 section, a mandatory prison term of one, two, three, four, or 1357 five years as required by and in accordance with division (G)(2) 1358 of section 2929.13 of the Revised Code if the offender also is 1359 convicted of or also pleads guilty to a specification of the 1360 type described in section 2941.1413 of the Revised Code or a 1361 mandatory prison term of one hundred twenty consecutive days in 1362 accordance with division (G)(2) of section 2929.13 of the 1363 Revised Code if the offender is not convicted of and does not 1364 plead guilty to a specification of that type.
55 Page 47 As Passed by the Senate offender to a community control sanction for the offense, but 1352 the offender shall serve all of the prison terms so imposed 1353 prior to serving the community control sanction.
1354 (ii) If the sentence is being imposed for a violation of 1355 division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this 1356 section, a mandatory prison term of one, two, three, four, or 1357 five years as required by and in accordance with division (G)(2) 1358 of section 2929.13 of the Revised Code if the offender also is 1359 convicted of or also pleads guilty to a specification of the 1360 type described in section 2941.1413 of the Revised Code or a 1361 mandatory prison term of one hundred twenty consecutive days in 1362 accordance with division (G)(2) of section 2929.13 of the 1363 Revised Code if the offender is not convicted of and does not 1364 plead guilty to a specification of that type.
1377 (iv) In all cases, a class two license suspension of the 1378 offender's driver's license, commercial driver's license, 1379 temporary instruction permit, probationary license, or 1380 nonresident operating privilege from the range specified in 1381 division (A)(2) of section 4510.02 of the Revised Code.
1377 (iv) In all cases, a class two license suspension of the 1378 offender's driver's license, commercial driver's license, 1379 temporary instruction permit, probationary license, or 1380 nonresident operating privilege from the range specified in 1381 Sub.
The 1382 court may grant limited driving privileges relative to the 1383 suspension under sections 4510.021 and 4510.13 of the Revised 1384 Code.
1385 Sub.
55 Page 48 As Reported by the Senate Judiciary Committee (v) In all cases, if the vehicle is registered in the 1386 offender's name, criminal forfeiture of the vehicle involved in 1387 the offense in accordance with section 4503.234 of the Revised 1388 Code.
55 Page 48 As Passed by the Senate division (A)(2) of section 4510.02 of the Revised Code.
The 1382 court may grant limited driving privileges relative to the 1383 suspension under sections 4510.021 and 4510.13 of the Revised 1384 Code.
1385 (v) In all cases, if the vehicle is registered in the 1386 offender's name, criminal forfeiture of the vehicle involved in 1387 the offense in accordance with section 4503.234 of the Revised 1388 Code.
1409 (3) If an offender is sentenced to a jail term under 1410 division (G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this 1411 section and if, within sixty days of sentencing of the offender, 1412 the court issues a written finding on the record that, due to 1413 the unavailability of space at the jail where the offender is 1414 required to serve the term, the offender will not be able to 1415 Sub.
1409 (3) If an offender is sentenced to a jail term under 1410 division (G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this 1411 Sub.
55 Page 49 As Reported by the Senate Judiciary Committee begin serving that term within the sixty-day period following 1416 the date of sentencing, the court may impose an alternative 1417 sentence under this division that includes a term of house 1418 arrest with electronic monitoring, with continuous alcohol 1419 monitoring, or with both electronic monitoring and continuous 1420 alcohol monitoring.
55 Page 49 As Passed by the Senate section and if, within sixty days of sentencing of the offender, 1412 the court issues a written finding on the record that, due to 1413 the unavailability of space at the jail where the offender is 1414 required to serve the term, the offender will not be able to 1415 begin serving that term within the sixty-day period following 1416 the date of sentencing, the court may impose an alternative 1417 sentence under this division that includes a term of house 1418 arrest with electronic monitoring, with continuous alcohol 1419 monitoring, or with both electronic monitoring and continuous 1420 alcohol monitoring.
The 1440 cumulative total of the ten consecutive days in jail and the 1441 period of house arrest with electronic monitoring, continuous 1442 alcohol monitoring, or both types of monitoring shall not exceed 1443 six months.
The 1440 cumulative total of the ten consecutive days in jail and the 1441 period of house arrest with electronic monitoring, continuous 1442 Sub.
The ten consecutive days in jail do not have to be 1444 served prior to or consecutively to the period of house arrest.
1445 Sub.
55 Page 50 As Reported by the Senate Judiciary Committee As an alternative to a mandatory jail term of thirty 1446 consecutive days required by division (G)(1)(c)(i) of this 1447 section, the court, under this division, may sentence the 1448 offender to fifteen consecutive days in jail and not less than 1449 fifty-five consecutive days of house arrest with electronic 1450 monitoring, with continuous alcohol monitoring, or with both 1451 electronic monitoring and continuous alcohol monitoring.
55 Page 50 As Passed by the Senate alcohol monitoring, or both types of monitoring shall not exceed 1443 six months.
The ten consecutive days in jail do not have to be 1444 served prior to or consecutively to the period of house arrest.
1445 As an alternative to a mandatory jail term of thirty 1446 consecutive days required by division (G)(1)(c)(i) of this 1447 section, the court, under this division, may sentence the 1448 offender to fifteen consecutive days in jail and not less than 1449 fifty-five consecutive days of house arrest with electronic 1450 monitoring, with continuous alcohol monitoring, or with both 1451 electronic monitoring and continuous alcohol monitoring.
1469 (4) If an offender's driver's or occupational driver's 1470 license or permit or nonresident operating privilege is 1471 suspended under division (G) of this section and if section 1472 4510.13 of the Revised Code permits the court to grant limited 1473 driving privileges, the court may grant the limited driving 1474 privileges in accordance with that section.
1469 (4) If an offender's driver's or occupational driver's 1470 license or permit or nonresident operating privilege is 1471 suspended under division (G) of this section and if section 1472 Sub.
If division (A)(7) 1475 of that section requires that the court impose as a condition of 1476 Sub.
55 Page 51 As Reported by the Senate Judiciary Committee the privileges that the offender must display on the vehicle 1477 that is driven subject to the privileges restricted license 1478 plates that are issued under section 4503.231 of the Revised 1479 Code, except as provided in division (B) of that section, the 1480 court shall impose that condition as one of the conditions of 1481 the limited driving privileges granted to the offender, except 1482 as provided in division (B) of section 4503.231 of the Revised 1483 Code.
55 Page 51 As Passed by the Senate 4510.13 of the Revised Code permits the court to grant limited 1473 driving privileges, the court may grant the limited driving 1474 privileges in accordance with that section.
If division (A)(7) 1475 of that section requires that the court impose as a condition of 1476 the privileges that the offender must display on the vehicle 1477 that is driven subject to the privileges restricted license 1478 plates that are issued under section 4503.231 of the Revised 1479 Code, except as provided in division (B) of that section, the 1480 court shall impose that condition as one of the conditions of 1481 the limited driving privileges granted to the offender, except 1482 as provided in division (B) of section 4503.231 of the Revised 1483 Code.
1503 (b) Fifty dollars of the fine imposed under division (G) 1504 (1)(a)(iii) of this section shall be paid to the political 1505 subdivision that pays the cost of housing the offender during 1506 Sub.
1503 Sub.
55 Page 52 As Reported by the Senate Judiciary Committee the offender's term of incarceration.
55 Page 52 As Passed by the Senate (b) Fifty dollars of the fine imposed under division (G) 1504 (1)(a)(iii) of this section shall be paid to the political 1505 subdivision that pays the cost of housing the offender during 1506 the offender's term of incarceration.
The political subdivision 1534 shall use this share to pay or reimburse incarceration or 1535 treatment costs it incurs in housing or providing drug and 1536 alcohol treatment to persons who violate this section or a 1537 Sub.
The political subdivision 1534 Sub.
55 Page 53 As Reported by the Senate Judiciary Committee municipal OVI ordinance, costs for any immobilizing or disabling 1538 device used on the offender's vehicle, and costs of electronic 1539 house arrest equipment needed for persons who violate this 1540 section.
55 Page 53 As Passed by the Senate shall use this share to pay or reimburse incarceration or 1535 treatment costs it incurs in housing or providing drug and 1536 alcohol treatment to persons who violate this section or a 1537 municipal OVI ordinance, costs for any immobilizing or disabling 1538 device used on the offender's vehicle, and costs of electronic 1539 house arrest equipment needed for persons who violate this 1540 section.
1559 (f) Seventy-five dollars of the fine imposed under 1560 division (G)(1)(a)(iii), one hundred twenty-five dollars of the 1561 fine imposed under division (G)(1)(b)(iii), two hundred fifty 1562 dollars of the fine imposed under division (G)(1)(c)(iii), and 1563 five hundred dollars of the fine imposed under division (G)(1) 1564 (d)(iii) or (e)(iii) of this section shall be transmitted to the 1565 treasurer of state for deposit into the indigent defense support 1566 fund established under section 120.08 of the Revised Code.
1559 (f) Seventy-five dollars of the fine imposed under 1560 division (G)(1)(a)(iii), one hundred twenty-five dollars of the 1561 fine imposed under division (G)(1)(b)(iii), two hundred fifty 1562 dollars of the fine imposed under division (G)(1)(c)(iii), and 1563 five hundred dollars of the fine imposed under division (G)(1) 1564 (d)(iii) or (e)(iii) of this section shall be transmitted to the 1565 Sub.
1567 Sub.
55 Page 54 As Reported by the Senate Judiciary Committee (g) One hundred fifteen dollars shall be credited to the 1568 statewide treatment and prevention fund created by section 1569 4301.30 of the Revised Code.
55 Page 54 As Passed by the Senate treasurer of state for deposit into the indigent defense support 1566 fund established under section 120.08 of the Revised Code.
1567 (g) One hundred fifteen dollars shall be credited to the 1568 statewide treatment and prevention fund created by section 1569 4301.30 of the Revised Code.
If the offender fails to 1588 provide that proof of financial responsibility, the court, in 1589 addition to any other penalties provided by law, may order 1590 restitution pursuant to section 2929.18 or 2929.28 of the 1591 Revised Code in an amount not exceeding five thousand dollars 1592 for any economic loss arising from an accident or collision that 1593 was the direct and proximate result of the offender's operation 1594 of the vehicle before, during, or after committing the offense 1595 for which the offender is sentenced under division (G) of this 1596 section.
If the offender fails to 1588 provide that proof of financial responsibility, the court, in 1589 addition to any other penalties provided by law, may order 1590 restitution pursuant to section 2929.18 or 2929.28 of the 1591 Revised Code in an amount not exceeding five thousand dollars 1592 for any economic loss arising from an accident or collision that 1593 was the direct and proximate result of the offender's operation 1594 of the vehicle before, during, or after committing the offense 1595 Sub.
1597 Sub.
55 Page 55 As Reported by the Senate Judiciary Committee (8) A court may order an offender to reimburse a law 1598 enforcement agency for any costs incurred by the agency with 1599 respect to a chemical test or tests administered to the offender 1600 if all of the following apply:
55 Page 55 As Passed by the Senate for which the offender is sentenced under division (G) of this 1596 section.
1597 (8) A court may order an offender to reimburse a law 1598 enforcement agency for any costs incurred by the agency with 1599 respect to a chemical test or tests administered to the offender 1600 if all of the following apply:
1622 (10) As used in division (G) of this section, "electronic 1623 monitoring," "mandatory prison term," and "mandatory term of 1624 local incarceration" have the same meanings as in section 1625 2929.01 of the Revised Code.
1622 (10) As used in division (G) of this section, "electronic 1623 Sub.
1626 Sub.
55 Page 56 As Reported by the Senate Judiciary Committee (H) Whoever violates division (B) of this section is 1627 guilty of operating a vehicle after underage alcohol consumption 1628 and shall be punished as follows:
55 Page 56 As Passed by the Senate monitoring," "mandatory prison term," and "mandatory term of 1624 local incarceration" have the same meanings as in section 1625 2929.01 of the Revised Code.
1626 (H) Whoever violates division (B) of this section is 1627 guilty of operating a vehicle after underage alcohol consumption 1628 and shall be punished as follows:
In addition to any other sanction imposed for 1651 the offense, the court shall impose a class four suspension of 1652 the offender's driver's license, commercial driver's license, 1653 temporary instruction permit, probationary license, or 1654 nonresident operating privilege from the range specified in 1655 division (A)(4) of section 4510.02 of the Revised Code.
In addition to any other sanction imposed for 1651 the offense, the court shall impose a class four suspension of 1652 the offender's driver's license, commercial driver's license, 1653 Sub.
The 1656 court may grant limited driving privileges relative to the 1657 Sub.
55 Page 57 As Reported by the Senate Judiciary Committee suspension under sections 4510.021 and 4510.13 of the Revised 1658 Code.
55 Page 57 As Passed by the Senate temporary instruction permit, probationary license, or 1654 nonresident operating privilege from the range specified in 1655 division (A)(4) of section 4510.02 of the Revised Code.
The 1656 court may grant limited driving privileges relative to the 1657 suspension under sections 4510.021 and 4510.13 of the Revised 1658 Code.
1683 (J) If a person whose driver's or commercial driver's 1684 license or permit or nonresident operating privilege is 1685 suspended under this section files an appeal regarding any 1686 aspect of the person's trial or sentence, the appeal itself does 1687 Sub.
1683 Sub.
55 Page 58 As Reported by the Senate Judiciary Committee not stay the operation of the suspension.
55 Page 58 As Passed by the Senate (J) If a person whose driver's or commercial driver's 1684 license or permit or nonresident operating privilege is 1685 suspended under this section files an appeal regarding any 1686 aspect of the person's trial or sentence, the appeal itself does 1687 not stay the operation of the suspension.
If the meaning of a term defined in 1709 section 4510.01 of the Revised Code conflicts with the meaning 1710 of the same term as defined in section 4501.01 or 4511.01 of the 1711 Revised Code, the term as defined in section 4510.01 of the 1712 Revised Code applies to this section.
If the meaning of a term defined in 1709 section 4510.01 of the Revised Code conflicts with the meaning 1710 of the same term as defined in section 4501.01 or 4511.01 of the 1711 Revised Code, the term as defined in section 4510.01 of the 1712 Sub.
1713 (N)(1) The Ohio Traffic Rules in effect on January 1, 1714 2004, as adopted by the supreme court under authority of section 1715 2937.46 of the Revised Code, do not apply to felony violations 1716 Sub.
55 Page 59 As Reported by the Senate Judiciary Committee of this section.
55 Page 59 As Passed by the Senate Revised Code applies to this section.
1713 (N)(1) The Ohio Traffic Rules in effect on January 1, 1714 2004, as adopted by the supreme court under authority of section 1715 2937.46 of the Revised Code, do not apply to felony violations 1716 of this section.
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Action History

  1. As Passed by the Senate

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 133 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (133)

133 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

Passed

Passed 28 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 20000
Democratic 8000
Total 28000
% of votes cast 100%0%0%0%
How each member voted (28)
Member Party Vote
Casey Weinstein Democratic Yea
Catherine D. Ingram Democratic Yea
Hearcel F. Craig Democratic Yea
Kent Smith Democratic Yea
Nickie J. Antonio Democratic Yea
Paula Hicks-Hudson Democratic Yea
William P. DeMora Democratic Yea
Willis E. Blackshear, Jr. Democratic Yea
Al Cutrona Republican Yea
Al Landis Republican Yea
Andrew O. Brenner Republican Yea
Bill Reineke Republican Yea
Brian M. Chavez Republican Yea
George F. Lang Republican Yea
Jane M. Timken Republican Yea
Jerry C. Cirino Republican Yea
Kyle Koehler Republican Yea
Louis W. Blessing, III Republican Yea
Michele Reynolds Republican Yea
Nathan H. Manning Republican Yea
Rob McColley Republican Yea
Sandra O'Brien Republican Yea
Stephen A. Huffman Republican Yea
Steve Wilson Republican Yea
Susan Manchester Republican Yea
Terry Johnson Republican Yea
Theresa Gavarone Republican Yea
Tim Schaffer Republican Yea

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Subjects

public-safety transportation
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Frequently asked questions

What does SB 55 do?
To amend sections 1547.11, 3701.143, and 4511.19 of the Revised Code to change the laws pertaining to operating a vehicle or watercraft while under the influence of marihuana and the admissibility of evidence for purposes of OVI statutes.
Who sponsors SB 55?
SB 55 is sponsored by Nathan H. Manning (Republican).
What is the current status of SB 55?
This bill has passed the Senate. Introduced January 28, 2025. It now moves to the second chamber.
Where can I track SB 55?
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