(a) A law enforcement officer who issues a citation to a person for a minor misdemeanor offense may in addition to issuing the citation, if the minor misdemeanor offense for which the citation is issued is an act prohibited by this Traffic Code and if the person to whom the citation is issued does not reside within the jurisdiction of the court with which the officer is required to file the citation, do one of the following:
(1) Require the person, if he has a current valid Ohio driver's or commercial driver's license and has been notified of the alternative under division (a)(2) of this section and of the possible consequences of his actions as required under division (f) of this section, to deposit the license with the officer to serve as security to ensure the person's appearance at the time and place stated in the citation or his compliance with the payout without court appearance provisions of the City Mayor's Court, if the person chooses to do so;
(2) If the person does not have a current valid Ohio driver's or commercial driver's license or if the person does not agree to the deposit of his license after being notified of the possible consequences of his actions as required under division (f) of this section, bring the person before the court with which the citation is required to be filed for the setting of a reasonable security by the court pursuant to division (g) of this section.
(b) (1) A person who deposits his license as security under division (a)(1) of this section shall be given a receipt for the license, which receipt shall note the date and time of the issuance of the citation, specifically identify the citation for which the deposit was required, state the time set for the appearance of the person as contained on the citation, the license number, and a statement that the license is being held as security, and be signed by the officer issuing the citation. This receipt shall serve as a valid license until the time of appearance stated on the receipt.
(2) A person who appears before a court to have security set under division (a)(2) of this section shall be given a receipt or other evidence of the deposit of the security by the court.
(c) An officer who issues a citation shall immediately file any license received as security under this section with the same court with which he is required to file the citation.
(d) (1) Upon the discharge of a person who was issued a citation or upon the person's satisfaction of any judgment rendered on the citation, including compliance with all court orders, the court immediately shall return any sum of money, license, or other security deposited in relation to the citation to the person, or to any other person who deposited the security.
(2) Upon compliance with the payout without court appearance provisions of the City Mayor's Court by a person who was issued a citation, the clerk of the court shall notify the court. The court shall immediately return any sum of money, license, or other security deposited in relation to the citation to the person, or to any other person who deposited the security.
(e) (1) If a person, who was issued a citation and deposited his license as security for future appearances or to secure satisfaction of or compliance with any judgment of the court, fails to appear at the time and place specified on the citation and fails to comply with the payout without court appearance provisions of the City Mayor's Court or fails to comply with or satisfy any judgment of the court within the time allowed by the court, the court may declare the forfeiture of the person's license. Thirty days after the declaration of forfeiture, the court shall forward the person's license to the Registrar of Motor Vehicles. The Registrar shall cancel the license and notify the person of the cancellation by certified mail at his last known address. No valid driver's or commercial driver's license shall be granted to the person for a period of one year after the cancellation, unless the court having jurisdiction of the offense that led to the cancellation requests the Registrar of Motor Vehicles to reissue the license to its original date of expiration without additional fee or to permit the person to apply for a new license.
(2) If the person who was issued the citation fails to appear at the time and place specified on the citation and fails to comply with the payout without court appearance provisions of the City Mayor's Court and the person has deposited a sum of money or other security in relation to the citation under division (a)(2) of this section, the deposit shall immediately be forfeited to the court.
(3) This section does not preclude further action such as the issuance of a supplemental citation or a warrant or summons for the arrest of the offender.
(f) No license shall be taken as security by an officer issuing a citation until the officer has notified the person of the following: If the person deposits the license with the officer and does not appear at the time and place stated on the citation or comply with the payout without court appearance provisions of the City Mayor's Court, the license will be canceled, the person will not be eligible for the reissuance of the license or the issuance of a new license for one year after cancellation, and the person is subject to any applicable criminal penalties.
(g) A court setting security under division (a)(2) of this section shall do so in conformity with Ohio law and the Rules of Criminal Procedure. (1993 Code 70.97)