56-12 Amend 335.01, 335.02, 335.05 Driver's License Requirements

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(5) "The offender knows or has reasonable cause to believe that the ve- hicle is the subject of an immobilization waiver order issued under Ohio R.C. 4503.235 and the other person is prohibited from operat- ing the vehicle under that order. (b) Without limiting or precluding the consideration of any other evidence in determining whether a violation of subsection (a)(1), (2), (3), (4) or (5) of this section has occurred, it shall be prima-facie evidence that the offender knows or has reasonable cause to believe that the operator of the motor vehicle owned by the offender or under the offender's control is in a cate- gorry described in subsection (a)(1), (2), (3), (4) or (5) of this section if any of the following applies: (1) Regarding an operator allegedly in the category described in sub- section (a)(1), (3) or (5) of this section, the offender and the opera- tor of the motor vehicle reside in the same household and are re- lated by consanguinity or affinity. (2) Regarding an operator allegedly in the category described in sub- section (a)(2) of this section, the offender and the operator of the motor vehicle reside in the same household, and the offender knows or has reasonable cause to believe that the operator has been charged with or convicted of any violation of law or ordinance, or has committed any other actor omission, that would or could result in the suspension or cancellation of the operator's license, permit or privilege. (3) Regarding an operator allegedly in the category described iu sub- section (a)(4) of this section, the offender and the operator of the motor vehicle occupied the motor vehicle together at the time of the offense. (c) Whoever violates this section is guilty of wrongfid entrustment of a motor vehicle, a misdemeanor of the first degree. In addition to the penalties im- posed under Section 303.99, the court shall impose a class seven suspen- sion of the offender's driver's license, commercial driver's license, tempo- rary instruction permit, probationary license or nonresident operating privilege from the range specified in division (A)(7) of Ohio R.C. 4510.02, and, if the vehicle involved in the offense is registered in the name of the offender, the court shall order one of the following: (1) Except as otherwise provided in subsection (c)(2) or (3) of this sec- tion, the court shall order, for thirty days, the immobilization of the vehicle involved in the offense and the impoundment of that vehi- cle's license plates. The order shall be issued and enforced under Ohio R.C. 4503.233. (2) If the offender previously has been convicted of or pleaded guilty to one violation of Ohio R.C. 4511.203 or a substantially equiva- lent municipal ordinance, the court shall order, for sixty days, the immobilization of the vehicle involved in the offense and the im- poundment of that vehicle's license plates. The order shall Ue is- sued and enforced under Ohio R.C. 4503.233. (3) If tlie offender previously has been convicted of or pleaded guilty to two or more violations of Ohio R.C, 4511.203 or a substantially equivalent municipal ordinance, the court shall order the criminal forfeiture to the state of the vehicle involved in the offense. The order shall Ue issued and enforced under Ohio R.C. 4503.234. If title to a motor vehicle that is subject to an order for criminal forfeiture under this subsection is assigned or transferred and division (B)(2) or (3) of Ohio R.C. 4503.234 applies, in addi- tion to or independent of any other penalty established by law, the court may fine the offender the value of the vehicle as determined