As Reported by the House Health, Retirement and Aging Committee   1            

122nd General Assembly                                             4            

   Regular Session                            Sub. H. B. No. 32    5            

      1997-1998                                                    6            


 REPRESENTATIVES REID-BATEMAN-BRADING-CORBIN-GARCIA-JERSE-LUCAS-   8            

  OPFER-WINKLER-SCHURING-OLMAN-VESPER-TAYLOR-TERWILLEGER-PATTON    9            


                                                                   11           

                           A   B I L L                                          

             To amend sections 2907.02, 2907.03, 2907.04,          13           

                2907.05, 2907.06, 2925.03, 2925.11, 2929.13, and   14           

                2929.14 of the Revised Code to increase criminal   15           

                penalties for sex offenders who administer a       16           

                controlled substance to the  victim by stealth,    17           

                force, threat of force, or deception; to increase  18           

                criminal penalties for trafficking in and          19           

                possession of flunitrazepam (Rohypnol); and to     20           

                prohibit the court from reducing  the term of      21           

                imprisonment of a person who has been convicted    22           

                of or pleaded guilty to rape and who administered  23           

                a controlled substance to the victim by stealth,   24           

                force, threat of force, or  deception.             25           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        27           

      Section 1.  That sections 2907.02, 2907.03, 2907.04,         29           

2907.05, 2907.06, 2925.03, 2925.11, 2929.13, and 2929.14 of the    30           

Revised Code be amended to read as follows:                        32           

      Sec. 2907.02.  (A)(1)  No person shall engage in sexual      41           

conduct with another who is not the spouse of the offender or who  42           

is the spouse of the offender but is living separate and apart     43           

from the offender, when any of the following applies:              44           

      (a)  For the purpose of preventing resistance, the offender  46           

substantially impairs the other person's judgment or control by    47           

administering any drug or intoxicant to the other person,          48           

surreptitiously or by STEALTH, force, threat of force, or          49           

                                                          2      

                                                                 
deception.                                                         50           

      (b)  The other person is less than thirteen years of age,    52           

whether or not the offender knows the age of the other person.     53           

      (c)  The other person's ability to resist or consent is      55           

substantially impaired because of a mental or physical condition   56           

or because of advanced age, and the offender knows or has          57           

reasonable cause to believe that the other person's ability to     58           

resist or consent is substantially impaired because of a mental    59           

or physical condition or because of advanced age.                  60           

      (2)  No person shall engage in sexual conduct with another   62           

when the offender purposely compels the other person to submit by  63           

force or threat of force.                                          64           

      (B)(1)  Whoever violates this section is guilty of rape, a   67           

felony of the first degree.  If                                                 

      (2)  IF THE OFFENDER UNDER DIVISION (A)(1)(a) OF THIS        70           

SECTION SUBSTANTIALLY IMPAIRS THE OTHER PERSON'S JUDGMENT OR       71           

CONTROL BY ADMINISTERING ANY CONTROLLED SUBSTANCE DESCRIBED IN     72           

SECTION 3719.41 OF THE REVISED CODE TO THE OTHER PERSON BY         74           

STEALTH, FORCE, THREAT OF FORCE, OR DECEPTION, THE COURT SHALL     76           

IMPOSE UPON THE OFFENDER AS A MANDATORY PRISON TERM ONE OF THE                  

PRISON TERMS PRESCRIBED FOR A FELONY OF THE FIRST DEGREE IN        77           

SECTION 2929.14 OF THE REVISED CODE THAT IS NOT LESS THAN FIVE     78           

YEARS.                                                                          

      (3)  IF the offender under division (A)(1)(b) of this        81           

section purposely compels the victim to submit by force or threat  83           

of force, whoever violates division (A)(1)(b) of this section      84           

shall be imprisoned for life.                                                   

      (C)  A victim need not prove physical resistance to the      86           

offender in prosecutions under this section.                       87           

      (D)  Evidence of specific instances of the victim's sexual   89           

activity, opinion evidence of the victim's sexual activity, and    90           

reputation evidence of the victim's sexual activity shall not be   91           

admitted under this section unless it involves evidence of the     92           

origin of semen, pregnancy, or disease, or the victim's past       93           

                                                          3      

                                                                 
sexual activity with the offender, and only to the extent that     94           

the court finds that the evidence is material to a fact at issue   95           

in the case and that its inflammatory or prejudicial nature does   96           

not outweigh its probative value.                                  97           

      Evidence of specific instances of the defendant's sexual     99           

activity, opinion evidence of the defendant's sexual activity,     100          

and reputation evidence of the defendant's sexual activity shall   101          

not be admitted under this section unless it involves evidence of  102          

the origin of semen, pregnancy, or disease, the defendant's past   103          

sexual activity with the victim, or is admissible against the      104          

defendant under section 2945.59 of the Revised Code, and only to   105          

the extent that the court finds that the evidence is material to   106          

a fact at issue in the case and that its inflammatory or           107          

prejudicial nature does not outweigh its probative value.          108          

      (E)  Prior to taking testimony or receiving evidence of any  110          

sexual activity of the victim or the defendant in a proceeding     111          

under this section, the court shall resolve the admissibility of   112          

the proposed evidence in a hearing in chambers, which shall be     113          

held at or before preliminary hearing and not less than three      114          

days before trial, or for good cause shown during the trial.       115          

      (F)  Upon approval by the court, the victim may be           117          

represented by counsel in any hearing in chambers or other         118          

proceeding to resolve the admissibility of evidence.  If the       119          

victim is indigent or otherwise is unable to obtain the services   120          

of counsel, the court, upon request, may appoint counsel to        121          

represent the victim without cost to the victim.                   122          

      (G)  It is not a defense to a charge under division (A)(2)   124          

of this section that the offender and the victim were married or   125          

were cohabiting at the time of the commission of the offense.      126          

      Sec. 2907.03.  (A)  No person shall engage in sexual         135          

conduct with another, not the spouse of the offender, when any of  136          

the following apply:                                               137          

      (1)  The offender knowingly coerces the other person to      139          

submit by any means that would prevent resistance by a person of   140          

                                                          4      

                                                                 
ordinary resolution.                                               141          

      (2)  The offender knows that the other person's ability to   143          

appraise the nature of or control the other person's own conduct   145          

is substantially impaired.                                                      

      (3)  The offender knows that the other person submits        147          

because the other person is unaware that the act is being          149          

committed.                                                                      

      (4)  The offender knows that the other person submits        151          

because the other person mistakenly identifies the offender as     152          

the other person's spouse.                                         153          

      (5)  The offender is the other person's natural or adoptive  155          

parent, or a stepparent, or guardian, custodian, or person in      156          

loco parentis of the other person.                                 157          

      (6)  The other person is in custody of law or a patient in   159          

a hospital or other institution, and the offender has supervisory  160          

or disciplinary authority over the other person.                   161          

      (7)  The offender is a teacher, administrator, coach, or     163          

other person in authority employed by or serving in a school for   164          

which the state board of education prescribes minimum standards    165          

pursuant to division (D) of section 3301.07 of the Revised Code,   166          

the other person is enrolled in or attends that school, and the    167          

offender is not enrolled in and does not attend that school.       168          

      (8)  The other person is a minor, the offender is a          170          

teacher, administrator, coach, or other person in authority        171          

employed by or serving in an institution of higher education, and  172          

the other person is enrolled in or attends that institution.       173          

      (9)  The other person is a minor, and the offender is the    175          

other person's athletic or other type of coach, is the other       176          

person's instructor, is the leader of a scouting troop of which    177          

the other person is a member, or is a person with temporary or     178          

occasional disciplinary control over the other person.             179          

      (B)  Whoever violates this section is guilty of sexual       181          

battery.  A violation of division (A)(1), (5), (6), (7), (8), or   183          

(9) of this section is a felony of the third degree.  A EXCEPT AS  184          

                                                          5      

                                                                 
OTHERWISE PROVIDED IN THIS SECTION, A violation of division        185          

(A)(2), (3), or (4) of this section is a felony of the fourth      186          

degree.  A VIOLATION OF DIVISION (A)(2) IS A FELONY OF THE THIRD   187          

DEGREE IF THE OTHER PERSON'S ABILITY TO APPRAISE THE NATURE OF OR  188          

CONTROL THE OTHER PERSON'S OWN CONDUCT IS SUBSTANTIALLY IMPAIRED   189          

BY ANY CONTROLLED SUBSTANCE DESCRIBED IN SECTION 3719.41 OF THE    191          

REVISED CODE THAT IS ADMINISTERED BY THE OFFENDER TO THE OTHER     192          

PERSON BY STEALTH, FORCE, THREAT OF FORCE, OR DECEPTION.           193          

      (C)  As used in this section, "institution of higher         195          

education" means a state institution of higher education defined   196          

in section 3345.011 of the Revised Code, a private nonprofit       198          

college or university located in this state that possesses a       199          

certificate of authorization issued by the Ohio board of regents                

pursuant to Chapter 1713. of the Revised Code, or a school         200          

certified under Chapter 3332. of the Revised Code.                 201          

      Sec. 2907.04.  (A)  No person who is eighteen years of age   210          

or older shall engage in sexual conduct with another, who is not   211          

the spouse of the offender, when the offender knows the other      212          

person is thirteen years of age or older but less than sixteen     213          

years of age, or the offender is reckless in that regard.          214          

      (B)(1)  Whoever violates this section is guilty of           216          

corruption of a minor, a felony of the fourth degree.  IF THE      219          

OFFENDER ADMINISTERS ANY CONTROLLED SUBSTANCE DESCRIBED IN         220          

SECTION 3719.41 OF THE REVISED CODE TO THE OTHER PERSON BY         222          

STEALTH, FORCE, THREAT OF FORCE, OR DECEPTION IN ORDER TO          223          

FACILITATE OR COMMIT THE SEXUAL CONDUCT DESCRIBED IN DIVISION (A)  224          

OF THIS SECTION, CORRUPTION OF A MINOR IS A FELONY OF THE THIRD    225          

DEGREE.                                                                         

      (2)  If the offender is less than four years older than the  227          

other person, corruption of a minor is a misdemeanor of the first  228          

degree.  IF THE OFFENDER IS LESS THAN FOUR YEARS OLDER THAN THE    230          

OTHER PERSON AND ADMINISTERS ANY CONTROLLED SUBSTANCE DESCRIBED    231          

IN SECTION 3719.41 OF THE REVISED CODE TO THE OTHER PERSON BY      232          

STEALTH, FORCE, THREAT OF FORCE, OR DECEPTION TO FACILITATE OR     233          

                                                          6      

                                                                 
COMMIT THE SEXUAL CONDUCT DESCRIBED IN DIVISION (A) OF THIS        234          

SECTION, CORRUPTION OF A MINOR IS A FELONY OF THE FIFTH DEGREE.    235          

      Sec. 2907.05.  (A)  No person shall have sexual contact      244          

with another, not the spouse of the offender; cause another, not   245          

the spouse of the offender, to have sexual contact with the        246          

offender; or cause two or more other persons to have sexual        247          

contact when any of the following applies:                         248          

      (1)  The offender purposely compels the other person, or     250          

one of the other persons, to submit by force or threat of force.   251          

      (2)  For the purpose of preventing resistance, the offender  253          

substantially impairs the judgment or control of the other person  254          

or of one of the other persons by administering any drug or        255          

intoxicant to the other person, surreptitiously or by STEALTH,     257          

force, threat of force, or deception.                                           

      (3)  The offender knows that the judgment or control of the  259          

other person or of one of the other persons is substantially       260          

impaired as a result of the influence of any drug or intoxicant    261          

administered to the other person with his THE OTHER PERSON'S       262          

consent for the purpose of any kind of medical or dental           264          

examination, treatment, or surgery.                                265          

      (4)  The other person, or one of the other persons, is less  267          

than thirteen years of age, whether or not the offender knows the  268          

age of that person.                                                269          

      (5)  The ability of the other person to resist or consent    271          

or the ability of one of the other persons to resist or consent    272          

is substantially impaired because of a mental or physical          273          

condition or because of advanced age, and the offender knows or    274          

has reasonable cause to believe that the ability to resist or      275          

consent of the other person or of one of the other persons is      276          

substantially impaired because of a mental or physical condition   277          

or because of advanced age.                                        278          

      (B)  Whoever violates this section is guilty of gross        280          

sexual imposition.  Violation EXCEPT AS OTHERWISE PROVIDED IN      281          

THIS SECTION, A VIOLATION of division (A)(1), (2), (3), or (5) of  284          

                                                          7      

                                                                 
this section is a felony of the fourth degree.  Violation IF THE   285          

OFFENDER UNDER DIVISION (A)(2) OF THIS SECTION SUBSTANTIALLY       287          

IMPAIRS THE JUDGMENT OR CONTROL OF THE OTHER PERSON OR ONE OF THE  288          

OTHER PERSONS BY ADMINISTERING ANY CONTROLLED SUBSTANCE DESCRIBED  289          

IN SECTION 3719.41 OF THE REVISED CODE TO THE PERSON BY STEALTH,   291          

FORCE, THREAT OF FORCE, OR DECEPTION, A VIOLATION OF DIVISION      292          

(A)(2) OF THIS SECTION IS A FELONY OF THE THIRD DEGREE.  A         294          

VIOLATION of division (A)(4) of this section is a felony of the    295          

third degree.                                                      296          

      (C)  A victim need not prove physical resistance to the      298          

offender in prosecutions under this section.                       299          

      (D)  Evidence of specific instances of the victim's sexual   301          

activity, opinion evidence of the victim's sexual activity, and    302          

reputation evidence of the victim's sexual activity shall not be   303          

admitted under this section unless it involves evidence of the     304          

origin of semen, pregnancy, or disease, or the victim's past       305          

sexual activity with the offender, and only to the extent that     306          

the court finds that the evidence is material to a fact at issue   307          

in the case and that its inflammatory or prejudicial nature does   308          

not outweigh its probative value.                                  309          

      Evidence of specific instances of the defendant's sexual     311          

activity, opinion evidence of the defendant's sexual activity,     312          

and reputation evidence of the defendant's sexual activity shall   313          

not be admitted under this section unless it involves evidence of  314          

the origin of semen, pregnancy, or disease, the defendant's past   315          

sexual activity with the victim, or is admissible against the      316          

defendant under section 2945.59 of the Revised Code, and only to   317          

the extent that the court finds that the evidence is material to   318          

a fact at issue in the case and that its inflammatory or           319          

prejudicial nature does not outweigh its probative value.          320          

      (E)  Prior to taking testimony or receiving evidence of any  322          

sexual activity of the victim or the defendant in a proceeding     323          

under this section, the court shall resolve the admissibility of   324          

the proposed evidence in a hearing in chambers, which shall be     325          

                                                          8      

                                                                 
held at or before preliminary hearing and not less than three      326          

days before trial, or for good cause shown during the trial.       327          

      (F)  Upon approval by the court, the victim may be           329          

represented by counsel in any hearing in chambers or other         330          

proceeding to resolve the admissibility of evidence.  If the       331          

victim is indigent or otherwise is unable to obtain the services   332          

of counsel, the court, upon request, may appoint counsel to        333          

represent the victim without cost to the victim.                   334          

      Sec. 2907.06.  (A)  No person shall have sexual contact      343          

with another, not the spouse of the offender; cause another, not   344          

the spouse of the offender, to have sexual contact with the        345          

offender; or cause two or more other persons to have sexual        346          

contact when any of the following applies:                         347          

      (1)  The offender knows that the sexual contact is           349          

offensive to the other person, or one of the other persons, or is  350          

reckless in that regard.                                           351          

      (2)  The offender knows that the other person's, or one of   353          

the other person's, ability to appraise the nature of or control   354          

the offender's or touching person's conduct is substantially       355          

impaired.                                                          356          

      (3)  The offender knows that the other person, or one of     358          

the other persons, submits because of being unaware of the sexual  359          

contact.                                                           360          

      (4)  The other person, or one of the other persons, is       362          

thirteen years of age or older but less than sixteen years of      363          

age, whether or not the offender knows the age of such person,     364          

and the offender is at least eighteen years of age and four or     365          

more years older than such other person.                           366          

      (B)  No person shall be convicted of a violation of this     368          

section solely upon the victim's testimony unsupported by other    369          

evidence.                                                          370          

      (C)  Whoever violates this section is guilty of sexual       372          

imposition, a misdemeanor of the third degree.  If the offender    374          

previously has been convicted of a violation of this section or    375          

                                                          9      

                                                                 
of section 2907.02, 2907.03, 2907.04, OR 2907.05, OF THE REVISED   376          

CODE or SECTION 2907.12 of the Revised Code AS IT EXISTED PRIOR    377          

TO SEPTEMBER 3, 1996, a violation of this section is a             378          

misdemeanor of the first degree.  A VIOLATION OF DIVISION (A)(2)   380          

IS A MISDEMEANOR OF THE SECOND DEGREE IF THE OTHER PERSON'S OR     381          

ONE OF THE OTHER PERSON'S ABILITY TO APPRAISE THE NATURE OF OR     382          

CONTROL THE OTHER PERSON'S OR ONE OF THE OTHER PERSON'S OWN                     

CONDUCT IS SUBSTANTIALLY IMPAIRED UNDER DIVISION (A)(2) OF THIS    384          

SECTION BY ANY CONTROLLED SUBSTANCE DESCRIBED IN SECTION 3719.41   385          

OF THE REVISED CODE THAT IS ADMINISTERED BY THE OFFENDER TO THE    387          

OTHER PERSON BY STEALTH, FORCE, THREAT OF FORCE, OR DECEPTION.     388          

      Sec. 2925.03.  (A)  No person shall knowingly sell or offer  397          

to sell a controlled substance.                                    398          

      (B)  This section does not apply to any of the following:    400          

      (1)  Manufacturers, practitioners, pharmacists, owners of    402          

pharmacies, and other persons whose conduct is in accordance with  403          

Chapters 3719., 4715., 4729., 4731., and 4741. or section 4723.56  406          

of the Revised Code.;                                                           

      (2)  If the offense involves an anabolic steroid, any        408          

person who is conducting or participating in a research project    409          

involving the use of an anabolic steroid if the project has been   410          

approved by the United States food and drug administration;        411          

      (3)  Any person who sells, offers for sale, prescribes,      413          

dispenses, or administers for livestock or other nonhuman species  414          

an anabolic steroid that is expressly intended for administration  415          

through implants to livestock or other nonhuman species and        416          

approved for that purpose under the "Federal Food, Drug, and       417          

Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,  418          

and is sold, offered for sale, prescribed, dispensed, or           419          

administered for that purpose in accordance with that act.         420          

      (C)  Whoever violates division (A) of this section is        422          

guilty of one of the following:                                    423          

      (1)  If the drug involved in the violation is any compound,  426          

mixture, preparation, or substance included in schedule I or       427          

                                                          10     

                                                                 
schedule II, with the exception of marihuana, cocaine, L.S.D.,     428          

heroin, and hashish, whoever violates division (A) of this         430          

section is guilty of aggravated trafficking in drugs.  The         431          

penalty for the offense shall be determined as follows:            432          

      (a)  Except as otherwise provided in division (C)(1)(b),     435          

(c), (d), (e), or (f) of this section, aggravated trafficking in   436          

drugs is a felony of the fourth degree, and division (C) of        438          

section 2929.13 of the Revised Code applies in determining                      

whether to impose a prison term on the offender.                   440          

      (b)  Except as otherwise provided in division (C)(1)(c),     443          

(d), (e), or (f) of this section, if the offense was committed in  444          

the vicinity of a school or in the vicinity of a juvenile,         445          

aggravated trafficking in drugs is a felony of the third degree,   446          

and division (C) of section 2929.13 of the Revised Code applies                 

in determining whether to impose a prison term on the offender.    447          

      (c)  Except as otherwise provided in this division, if the   449          

amount of the drug involved exceeds the bulk amount but does not   451          

exceed five times the bulk amount, aggravated trafficking in       452          

drugs is a felony of the third degree, and the court shall impose  453          

as a mandatory prison term one of the prison terms prescribed for  454          

a felony of the third degree.  If the amount of the drug involved  455          

is within that range and if the offense was committed in the       456          

vicinity of a school or in the vicinity of a juvenile, aggravated  457          

trafficking in drugs is a felony of the second degree, and the     458          

court shall impose as a mandatory prison term one of the prison    459          

terms prescribed for a felony of the second degree.                460          

      (d)  Except as otherwise provided in this division, if the   462          

amount of the drug involved exceeds five times the bulk amount     464          

but does not exceed fifty times the bulk amount, aggravated        465          

trafficking in drugs is a felony of the second degree, and the                  

court shall impose as a mandatory prison term one of the prison    466          

terms prescribed for a felony of the second degree.  If the        467          

amount of the drug involved is within that range and if the        468          

offense was committed in the vicinity of a school or in the        469          

                                                          11     

                                                                 
vicinity of a juvenile, aggravated trafficking in drugs is a       470          

felony of the first degree, and the court shall impose as a        471          

mandatory prison term one of the prison terms prescribed for a     472          

felony of the first degree.                                        473          

      (e)  If the amount of the drug involved exceeds fifty times  476          

the bulk amount but does not exceed one hundred times the bulk     477          

amount and regardless of whether the offense was committed in the  478          

vicinity of a school or in the vicinity of a juvenile, aggravated  479          

trafficking in drugs is a felony of the first degree, and the      480          

court shall impose as a mandatory prison term one of the prison    481          

terms prescribed for a felony of the first degree.                 482          

      (f)  If the amount of the drug involved exceeds one hundred  485          

times the bulk amount and regardless of whether the offense was    486          

committed in the vicinity of a school or in the vicinity of a      487          

juvenile, aggravated trafficking in drugs is a felony of the       488          

first degree, and the court shall impose as a mandatory prison     489          

term the maximum prison term prescribed for a felony of the first  490          

degree and may impose an additional prison term prescribed for a   491          

major drug offender under division (D)(3)(b) of section 2929.14    492          

of the Revised Code.                                               493          

      (2)  If the drug involved in the violation is any compound,  496          

mixture, preparation, or substance included in schedule III, IV,   497          

or V, WITH THE EXCEPTION OF FLUNITRAZEPAM, whoever violates        498          

division (A) of this section is guilty of trafficking in drugs.    499          

The penalty for the offense shall be determined as follows:                     

      (a)  Except as otherwise provided in division (C)(2)(b),     502          

(c), (d), or (e) of this section, trafficking in drugs is a        503          

felony of the fifth degree, and division (C) of section 2929.13    504          

of the Revised Code applies in determining whether to impose a     505          

prison term on the offender.                                                    

      (b)  Except as otherwise provided in division (C)(2)(c),     508          

(d), or (e) of this section, if the offense was committed in the   509          

vicinity of a school or in the vicinity of a juvenile,             510          

trafficking in drugs is a felony of the fourth degree, and         511          

                                                          12     

                                                                 
division (C) of section 2929.13 of the Revised Code applies in     512          

determining whether to impose a prison term on the offender.       514          

      (c)  Except as otherwise provided in this division, if the   516          

amount of the drug involved exceeds the bulk amount but does not   518          

exceed five times the bulk amount, trafficking in drugs is a       519          

felony of the fourth degree, and there is a presumption for a      520          

prison term for the offense.  If the amount of the drug involved   521          

is within that range and if the offense was committed in the       522          

vicinity of a school or in the vicinity of a juvenile,             523          

trafficking in drugs is a felony of the third degree, and there    524          

is a presumption for a prison term for the offense.                525          

      (d)  Except as otherwise provided in this division, if the   527          

amount of the drug involved exceeds five times the bulk amount     529          

but does not exceed fifty times the bulk amount, trafficking in    530          

drugs is a felony of the third degree, and there is a presumption  531          

for a prison term for the offense.  If the amount of the drug      532          

involved is within that range and if the offense was committed in  533          

the vicinity of a school or in the vicinity of a juvenile,         534          

trafficking in drugs is a felony of the second degree, and there   535          

is a presumption for a prison term for the offense.                536          

      (e)  Except as otherwise provided in this division, if the   538          

amount of the drug involved exceeds fifty times the bulk amount,   540          

trafficking in drugs is a felony of the second degree, and the     541          

court shall impose as a mandatory prison term one of the prison    542          

terms prescribed for a felony of the second degree.  If the        543          

amount of the drug involved exceeds fifty times the bulk amount    544          

and if the offense was committed in the vicinity of a school or    545          

in the vicinity of a juvenile, trafficking in drugs is a felony    546          

of the first degree, and the court shall impose as a mandatory     547          

prison term one of the prison terms prescribed for a felony of     548          

the first degree.                                                  549          

      (3)  If the drug involved in the violation is marihuana or   551          

a compound, mixture, preparation, or substance containing          552          

marihuana other than hashish, whoever violates division (A) of     554          

                                                          13     

                                                                 
this section is guilty of trafficking in marihuana.  The penalty   555          

for the offense shall be determined as follows:                    556          

      (a)  Except as otherwise provided in division (C)(3)(b),     559          

(c), (d), (e), (f), or (g) of this section, trafficking in         560          

marihuana is a felony of the fifth degree, and division (C) of     563          

section 2929.13 of the Revised Code applies in determining                      

whether to impose a prison term on the offender.                   564          

      (b)  Except as otherwise provided in division (C)(3)(c),     567          

(d), (e), (f), or (g) of this section, if the offense was          569          

committed in the vicinity of a school or in the vicinity of a      570          

juvenile, trafficking in marihuana is a felony of the fourth       571          

degree, and division (C) of section 2929.13 of the Revised Code    572          

applies in determining whether to impose a prison term on the      573          

offender.                                                                       

      (c)  Except as otherwise provided in this division, if the   575          

amount of the drug involved exceeds two hundred grams but does     577          

not exceed one thousand grams, trafficking in marihuana is a       578          

felony of the fourth degree, and division (C) of section 2929.13   579          

of the Revised Code applies in determining whether to impose a     581          

prison term on the offender.  If the amount of the drug involved   582          

is within that range and if the offense was committed in the       583          

vicinity of a school or in the vicinity of a juvenile,                          

trafficking in marihuana is a felony of the third degree, and      584          

division (C) of section 2929.13 of the Revised Code applies in     585          

determining whether to impose a prison term on the offender.       586          

      (d)  Except as otherwise provided in this division, if the   588          

amount of the drug involved exceeds one thousand grams but does    590          

not exceed five thousand grams, trafficking in marihuana is a      591          

felony of the third degree, and division (C) of section 2929.13    592          

of the Revised Code applies in determining whether to impose a     593          

prison term on the offender.  If the amount of the drug involved   594          

is within that range and if the offense was committed in the       595          

vicinity of a school or in the vicinity of a juvenile,             596          

trafficking in marihuana is a felony of the second degree, and     597          

                                                          14     

                                                                 
there is a presumption that a prison term shall be imposed for     598          

the offense.                                                                    

      (e)  Except as otherwise provided in this division, if the   600          

amount of the drug involved exceeds five thousand grams but does   602          

not exceed twenty thousand grams, trafficking in marihuana is a    603          

felony of the third degree, and there is a presumption that a      604          

prison term shall be imposed for the offense.  If the amount of    605          

the drug involved is within that range and if the offense was      606          

committed in the vicinity of a school or in the vicinity of a      607          

juvenile, trafficking in marihuana is a felony of the second       608          

degree, and there is a presumption that a prison term shall be     609          

imposed for the offense.                                           610          

      (f)  Except as otherwise provided in this division, if the   612          

amount of the drug involved exceeds twenty thousand grams,         614          

trafficking in marihuana is a felony of the second degree, and     615          

the court shall impose as a mandatory prison term the maximum      616          

prison term prescribed for a felony of the second degree.  If the  617          

amount of the drug involved exceeds twenty thousand grams and if   618          

the offense was committed in the vicinity of a school or in the    619          

vicinity of a juvenile, trafficking in marihuana is a felony of    620          

the first degree, and the court shall impose as a mandatory        621          

prison term the maximum prison term prescribed for a felony of     622          

the first degree.                                                  623          

      (g)  Except as otherwise provided in this division, if the   626          

offense involves a gift of twenty grams or less of marihuana,      627          

trafficking in marihuana is a minor misdemeanor upon a first       628          

offense and a misdemeanor of the third degree upon a subsequent    629          

offense.  If the offense involves a gift of twenty grams or less   630          

of marihuana and if the offense was committed in the vicinity of   631          

a school or in the vicinity of a juvenile, trafficking in          632          

marihuana is a misdemeanor of the third degree.                                 

      (4)  If the drug involved in the violation is cocaine or a   634          

compound, mixture, preparation, or substance containing cocaine,   635          

whoever violates division (A) of this section is guilty of         637          

                                                          15     

                                                                 
trafficking in cocaine.  The penalty for the offense shall be                   

determined as follows:                                             638          

      (a)  Except as otherwise provided in division (C)(4)(b),     641          

(c), (d), (e), (f), or (g) of this section, trafficking in         642          

cocaine is a felony of the fifth degree, and division (C) of       644          

section 2929.13 of the Revised Code applies in determining                      

whether to impose a prison term on the offender.                   646          

      (b)  Except as otherwise provided in division (C)(4)(c),     649          

(d), (e), (f), or (g) of this section, if the offense was          650          

committed in the vicinity of a school or in the vicinity of a      652          

juvenile, trafficking in cocaine is a felony of the fourth         653          

degree, and division (C) of section 2929.13 of the Revised Code    654          

applies in determining whether to impose a prison term on the      656          

offender.                                                                       

      (c)  Except as otherwise provided in this division, if the   658          

amount of the drug involved exceeds five grams but does not        659          

exceed ten grams of cocaine that is not crack cocaine or exceeds   661          

one gram but does not exceed five grams of crack cocaine,          663          

trafficking in cocaine is a felony of the fourth degree, and       664          

there is a presumption for a prison term for the offense.  If the  665          

amount of the drug involved is within one of those ranges and if   666          

the offense was committed in the vicinity of a school or in the    667          

vicinity of a juvenile, trafficking in cocaine is a felony of the  668          

third degree, and there is a presumption for a prison term for     669          

the offense.                                                                    

      (d)  Except as otherwise provided in this division, if the   671          

amount of the drug involved exceeds ten grams but does not exceed  672          

one hundred grams of cocaine that is not crack cocaine or exceeds  674          

five grams but does not exceed ten grams of crack cocaine,         675          

trafficking in cocaine is a felony of the third degree, and the    676          

court shall impose as a mandatory prison term one of the prison    677          

terms prescribed for a felony of the third degree.  If the amount  678          

of the drug involved is within one of those ranges and if the      679          

offense was committed in the vicinity of a school or in the        681          

                                                          16     

                                                                 
vicinity of a juvenile, trafficking in cocaine is a felony of the  684          

second degree, and the court shall impose as a mandatory prison    685          

term one of the prison terms prescribed for a felony of the        686          

second degree.                                                                  

      (e)  Except as otherwise provided in this division, if the   688          

amount of the drug involved exceeds one hundred grams but does     689          

not exceed five hundred grams of cocaine that is not crack         690          

cocaine or exceeds ten grams but does not exceed twenty-five       692          

grams of crack cocaine, trafficking in cocaine is a felony of the  694          

second degree, and the court shall impose as a mandatory prison    695          

term one of the prison terms prescribed for a felony of the        696          

second degree.  If the amount of the drug involved is within one   697          

of those ranges and if the offense was committed in the vicinity   698          

of a school or in the vicinity of a juvenile, trafficking in       700          

cocaine is a felony of the first degree, and the court shall       702          

impose as a mandatory prison term one of the prison terms          703          

prescribed for a felony of the first degree.                       704          

      (f)  If the amount of the drug involved exceeds five         707          

hundred grams but does not exceed one thousand grams of cocaine    708          

that is not crack cocaine or exceeds twenty-five grams but does    709          

not exceed one hundred grams of crack cocaine and regardless of    710          

whether the offense was committed in the vicinity of a school or   711          

in the vicinity of a juvenile, trafficking in cocaine is a felony  714          

of the first degree, and the court shall impose as a mandatory     715          

prison term one of the prison terms prescribed for a felony of     716          

the first degree.                                                               

      (g)  If the amount of the drug involved exceeds one          719          

thousand grams of cocaine that is not crack cocaine or exceeds     720          

one hundred grams of crack cocaine and regardless of whether the   722          

offense was committed in the vicinity of a school or in the        723          

vicinity of a juvenile, trafficking in cocaine is a felony of the  724          

first degree, and the court shall impose as a mandatory prison     725          

term the maximum prison term prescribed for a felony of the first  726          

degree and may impose an additional mandatory prison term          727          

                                                          17     

                                                                 
prescribed for a major drug offender under division (D)(3)(b) of   729          

section 2929.14 of the Revised Code.                                            

      (5)  If the drug involved in the violation is L.S.D. or a    732          

compound, mixture, preparation, or substance containing L.S.D.,    733          

whoever violates division (A) of this section is guilty of         734          

trafficking in L.S.D.  The penalty for the offense shall be        736          

determined as follows:                                                          

      (a)  Except as otherwise provided in division (C)(5)(b),     739          

(c), (d), (e), (f), or (g) of this section, trafficking in L.S.D.  741          

is a felony of the fifth degree, and division (C) of section       742          

2929.13 of the Revised Code applies in determining whether to      744          

impose a prison term on the offender.                                           

      (b)  Except as otherwise provided in division (C)(5)(c),     747          

(d), (e), (f), or (g) of this section, if the offense was          748          

committed in the vicinity of a school or in the vicinity of a      749          

juvenile, trafficking in L.S.D. is a felony of the fourth degree,  751          

and division (C) of section 2929.13 of the Revised Code applies                 

in determining whether to impose a prison term on the offender.    752          

      (c)  Except as otherwise provided in this division, if the   754          

amount of the drug involved exceeds ten unit doses but does not    756          

exceed fifty unit doses of L.S.D. in a solid form or exceeds one   757          

gram but does not exceed five grams of L.S.D. in a liquid          759          

concentrate, liquid extract, or liquid distillate form,            761          

trafficking in L.S.D. is a felony of the fourth degree, and there  764          

is a presumption for a prison term for the offense.  If the        765          

amount of the drug involved is within that range and if the                     

offense was committed in the vicinity of a school or in the        766          

vicinity of a juvenile, trafficking in L.S.D. is a felony of the   768          

third degree, and there is a presumption for a prison term for     769          

the offense.                                                                    

      (d)  Except as otherwise provided in this division, if the   771          

amount of the drug involved exceeds fifty unit doses but does not  773          

exceed two hundred fifty unit doses of L.S.D. in a solid form or   774          

exceeds five grams but does not exceed twenty-five grams of        776          

                                                          18     

                                                                 
L.S.D. in a liquid concentrate, liquid extract, or liquid          778          

distillate form, trafficking in L.S.D. is a felony of the third    781          

degree, and the court shall impose as a mandatory prison term one  782          

of the prison terms prescribed for a felony of the third degree.   783          

If the amount of the drug involved is within that range and if     784          

the offense was committed in the vicinity of a school or in the    785          

vicinity of a juvenile, trafficking in L.S.D. is a felony of the   787          

second degree, and the court shall impose as a mandatory prison    788          

term one of the prison terms prescribed for a felony of the        789          

second degree.                                                                  

      (e)  Except as otherwise provided in this division, if the   791          

amount of the drug involved exceeds two hundred fifty unit doses   793          

but does not exceed one thousand unit doses of L.S.D. in a solid   795          

form or exceeds twenty-five grams but does not exceed one hundred  797          

grams of L.S.D. in a liquid concentrate, liquid extract, or        799          

liquid distillate form, trafficking in L.S.D. is a felony of the   801          

second degree, and the court shall impose as a mandatory prison    802          

term one of the prison terms prescribed for a felony of the        803          

second degree.  If the amount of the drug involved is within that  804          

range and if the offense was committed in the vicinity of a        805          

school or in the vicinity of a juvenile, trafficking in L.S.D. is  807          

a felony of the first degree, and the court shall impose as a      808          

mandatory prison term one of the prison terms prescribed for a     809          

felony of the first degree.                                                     

      (f)  If the amount of the drug involved exceeds one          812          

thousand unit doses but does not exceed five thousand unit doses   813          

of L.S.D. in a solid form or exceeds one hundred grams but does    816          

not exceed five hundred grams of L.S.D. in a liquid concentrate,   818          

liquid extract, or liquid distillate form and regardless of        819          

whether the offense was committed in the vicinity of a school or   820          

in the vicinity of a juvenile, trafficking in L.S.D. is a felony   821          

of the first degree, and the court shall impose as a mandatory     822          

prison term one of the prison terms prescribed for a felony of     823          

the first degree.                                                  824          

                                                          19     

                                                                 
      (g)  If the amount of the drug involved exceeds five         827          

thousand unit doses of L.S.D. in a solid form or exceeds five      828          

hundred grams of L.S.D. in a liquid concentrate, liquid extract,   830          

or liquid distillate form and regardless of whether the offense    833          

was committed in the vicinity of a school or in the vicinity of a  834          

juvenile, trafficking in L.S.D. is a felony of the first degree,   837          

and the court shall impose as a mandatory prison term the maximum  838          

prison term prescribed for a felony of the first degree and may    839          

impose an additional mandatory prison term prescribed for a major  840          

drug offender under division (D)(3)(b) of section 2929.14 of the   842          

Revised Code.                                                                   

      (6)  If the drug involved in the violation is heroin or a    844          

compound, mixture, preparation, or substance containing heroin,    845          

whoever violates division (A) of this section is guilty of         847          

trafficking in heroin.  The penalty for the offense shall be                    

determined as follows:                                             848          

      (a)  Except as otherwise provided in division (C)(6)(b),     851          

(c), (d), (e), (f), or (g) of this section, trafficking in heroin  853          

is a felony of the fifth degree, and division (C) of section       854          

2929.13 of the Revised Code applies in determining whether to                   

impose a prison term on the offender.                              856          

      (b)  Except as otherwise provided in division (C)(6)(c),     859          

(d), (e), (f), or (g) of this section, if the offense was          860          

committed in the vicinity of a school or in the vicinity of a      863          

juvenile, trafficking in heroin is a felony of the fourth degree,  864          

and division (C) of section 2929.13 of the Revised Code applies    866          

in determining whether to impose a prison term on the offender.                 

      (c)  Except as otherwise provided in this division, if the   868          

amount of the drug involved exceeds one gram but does not exceed   870          

five grams, trafficking in heroin is a felony of the fourth        871          

degree, and there is a presumption for a prison term for the       872          

offense.  If the amount of the drug involved is within that range  873          

and if the offense was committed in the vicinity of a school or    874          

in the vicinity of a juvenile, trafficking in heroin is a felony   875          

                                                          20     

                                                                 
of the third degree, and there is a presumption for a prison term  876          

for the offense.                                                   877          

      (d)  Except as otherwise provided in this division, if the   879          

amount of the drug involved exceeds five grams but does not        881          

exceed ten grams, trafficking in heroin is a felony of the third   882          

degree, and there is a presumption for a prison term for the       883          

offense.  If the amount of the drug involved is within that range  884          

and if the offense was committed in the vicinity of a school or    885          

in the vicinity of a juvenile, trafficking in heroin is a felony   886          

of the second degree, and there is a presumption for a prison      887          

term for the offense.                                              888          

      (e)  Except as otherwise provided in this division, if the   890          

amount of the drug involved exceeds ten grams but does not exceed  892          

fifty grams, trafficking in heroin is a felony of the second       893          

degree, and the court shall impose as a mandatory prison term one  894          

of the prison terms prescribed for a felony of the second degree.  895          

If the amount of the drug involved is within that range and if     896          

the offense was committed in the vicinity of a school or in the    897          

vicinity of a juvenile, trafficking in heroin is a felony of the   898          

first degree, and the court shall impose as a mandatory prison     899          

term one of the prison terms prescribed for a felony of the first  900          

degree.                                                            901          

      (f)  If the amount of the drug involved exceeds fifty grams  904          

but does not exceed two hundred fifty grams and regardless of                   

whether the offense was committed in the vicinity of a school or   905          

in the vicinity of a juvenile, trafficking in heroin is a felony   907          

of the first degree, and the court shall impose as a mandatory     908          

prison term one of the prison terms prescribed for a felony of     909          

the first degree.                                                               

      (g)  If the amount of the drug involved exceeds two hundred  912          

fifty grams and regardless of whether the offense was committed                 

in the vicinity of a school or in the vicinity of a juvenile,      913          

trafficking in heroin is a felony of the first degree, and the     916          

court shall impose as a mandatory prison term the maximum prison   917          

                                                          21     

                                                                 
term prescribed for a felony of the first degree and may impose    918          

an additional mandatory prison term prescribed for a major drug    919          

offender under division (D)(3)(b) of section 2929.14 of the        920          

Revised Code.                                                      921          

      (7)  If the drug involved in the violation is hashish or a   923          

compound, mixture, preparation, or substance containing hashish,   924          

whoever violates division (A) of this section is guilty of         926          

trafficking in hashish.  The penalty for the offense shall be                   

determined as follows:                                             927          

      (a)  Except as otherwise provided in division (C)(7)(b),     930          

(c), (d), (e), or (f) of this section, trafficking in hashish is   932          

a felony of the fifth degree, and division (C) of section 2929.13  933          

of the Revised Code applies in determining whether to impose a     935          

prison term on the offender.                                                    

      (b)  Except as otherwise provided in division (C)(7)(c),     938          

(d), (e), or (f) of this section, if the offense was committed in  939          

the vicinity of a school or in the vicinity of a juvenile,         941          

trafficking in hashish is a felony of the fourth degree, and       942          

division (C) of section 2929.13 of the Revised Code applies in     943          

determining whether to impose a prison term on the offender.       944          

      (c)  Except as otherwise provided in this division, if the   946          

amount of the drug involved exceeds ten grams but does not exceed  947          

fifty grams of hashish in a solid form or exceeds two grams but    948          

does not exceed ten grams of hashish in a liquid concentrate,      949          

liquid extract, or liquid distillate form, trafficking in hashish  950          

is a felony of the fourth degree, and division (C) of section      951          

2929.13 of the Revised Code applies in determining whether to      952          

impose a prison term on the offender.  If the amount of the drug   953          

involved is within that range and if the offense was committed in  954          

the vicinity of a school or in the vicinity of a juvenile,         955          

trafficking in hashish is a felony of the third degree, and        956          

division (C) of section 2929.13 of the Revised Code applies in     957          

determining whether to impose a prison term on the offender.                    

      (d)  Except as otherwise provided in this division, if the   959          

                                                          22     

                                                                 
amount of the drug involved exceeds fifty grams but does not       960          

exceed two hundred fifty grams of hashish in a solid form or       961          

exceeds ten grams but does not exceed fifty grams of hashish in a  962          

liquid concentrate, liquid extract, or liquid distillate form,     963          

trafficking in hashish is a felony of the third degree, and        965          

division (C) of section 2929.13 of the Revised Code applies in                  

determining whether to impose a prison term on the offender.  If   966          

the amount of the drug involved is within that range and if the    968          

offense was committed in the vicinity of a school or in the        969          

vicinity of a juvenile, trafficking in hashish is a felony of the  970          

second degree, and there is a presumption that a prison term       971          

shall be imposed for the offense.                                               

      (e)  Except as otherwise provided in this division, if the   973          

amount of the drug involved exceeds two hundred fifty grams but    974          

does not exceed one thousand grams of hashish in a solid form or   975          

exceeds fifty grams but does not exceed two hundred grams of       976          

hashish in a liquid concentrate, liquid extract, or liquid         978          

distillate form, trafficking in hashish is a felony of the third   979          

degree, and there is a presumption that a prison term shall be                  

imposed for the offense.  If the amount of the drug involved is    980          

within that range and if the offense was committed in the          981          

vicinity of a school or in the vicinity of a juvenile,             982          

trafficking in hashish is a felony of the second degree, and       983          

there is a presumption that a prison term shall be imposed for     984          

the offense.                                                                    

      (f)  Except as otherwise provided in this division, if the   986          

amount of the drug involved exceeds one thousand grams of hashish  988          

in a solid form or exceeds two hundred grams of hashish in a       989          

liquid concentrate, liquid extract, or liquid distillate form,                  

trafficking in hashish is a felony of the second degree, and the   991          

court shall impose as a mandatory prison term the maximum prison   992          

term prescribed for a felony of the second degree.  If the amount  993          

of the drug involved exceeds one thousand grams of hashish in a    995          

solid form or exceeds two hundred grams of hashish in a liquid     996          

                                                          23     

                                                                 
concentrate, liquid extract, or liquid distillate form and if the  997          

offense was committed in the vicinity of a school or in the                     

vicinity of a juvenile, trafficking in hashish is a felony of the  999          

first degree, and the court shall impose as a mandatory prison     1,000        

term the maximum prison term prescribed for a felony of the first  1,001        

degree.                                                                         

      (8)  IF THE DRUG INVOLVED IN THE VIOLATION IS                1,004        

FLUNITRAZEPAM, WHOEVER VIOLATES DIVISION (A) OF THIS SECTION IS    1,005        

GUILTY OF TRAFFICKING IN FLUNITRAZEPAM.  THE PENALTY FOR THE       1,006        

OFFENSE SHALL BE DETERMINED AS FOLLOWS:                            1,007        

      (a)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(8)(b),     1,010        

(c), (d), (e), OR (f) OF THIS SECTION, TRAFFICKING IN              1,012        

FLUNITRAZEPAM IS A FELONY OF THE FOURTH DEGREE, AND DIVISION (C)   1,013        

OF SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING      1,016        

WHETHER TO IMPOSE A PRISON TERM ON THE OFFENDER.                   1,017        

      (b)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(8)(c),     1,020        

(d), (e), OR (f) OF THIS SECTION, IF THE OFFENSE WAS COMMITTED IN  1,022        

THE VICINITY OF A SCHOOL OR IN THE VICINITY OF A JUVENILE,                      

TRAFFICKING IN FLUNITRAZEPAM IS A FELONY OF THE THIRD DEGREE, AND  1,024        

DIVISION (C) OF SECTION 2929.13 OF THE REVISED CODE APPLIES IN     1,026        

DETERMINING WHETHER TO IMPOSE A PRISON TERM ON THE OFFENDER.       1,027        

      (c)  EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, IF THE   1,030        

AMOUNT OF THE FLUNITRAZEPAM INVOLVED EXCEEDS THE BULK AMOUNT BUT                

DOES NOT EXCEED FIVE TIMES THE BULK AMOUNT, TRAFFICKING IN         1,032        

FLUNITRAZEPAM IS A FELONY OF THE THIRD DEGREE, AND THE COURT       1,033        

SHALL IMPOSE AS A MANDATORY PRISON TERM ONE OF THE PRISON TERMS    1,034        

PRESCRIBED FOR A FELONY OF THE THIRD DEGREE.  IF THE AMOUNT OF     1,035        

THE FLUNITRAZEPAM INVOLVED IS WITHIN THAT RANGE AND IF THE                      

OFFENSE WAS COMMITTED IN THE VICINITY OF A SCHOOL OR IN THE        1,036        

VICINITY OF A JUVENILE, TRAFFICKING IN FLUNITRAZEPAM IS A FELONY   1,037        

OF THE SECOND DEGREE, AND THE COURT SHALL IMPOSE AS A MANDATORY    1,039        

PRISON TERM ONE OF THE PRISON TERMS PRESCRIBED FOR A FELONY OF     1,040        

THE SECOND DEGREE.                                                              

      (d)  EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, IF THE   1,043        

                                                          24     

                                                                 
AMOUNT OF THE FLUNITRAZEPAM INVOLVED EXCEEDS FIVE TIMES THE BULK                

AMOUNT BUT DOES NOT EXCEED FIFTY TIMES THE BULK AMOUNT,            1,044        

TRAFFICKING IN FLUNITRAZEPAM IS A FELONY OF THE SECOND DEGREE,     1,045        

AND THE COURT SHALL IMPOSE AS A MANDATORY PRISON TERM ONE OF THE   1,046        

PRISON TERMS PRESCRIBED FOR A FELONY OF THE SECOND DEGREE.  IF     1,047        

THE AMOUNT OF THE FLUNITRAZEPAM INVOLVED IS WITHIN THAT RANGE AND  1,048        

IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A SCHOOL OR IN     1,049        

THE VICINITY OF A JUVENILE, TRAFFICKING IN FLUNITRAZEPAM IS A      1,050        

FELONY OF THE FIRST DEGREE, AND THE COURT SHALL IMPOSE AS A        1,051        

MANDATORY PRISON TERM ONE OF THE PRISON TERMS PRESCRIBED FOR A     1,052        

FELONY OF THE FIRST DEGREE.                                                     

      (e)  IF THE AMOUNT OF THE FLUNITRAZEPAM INVOLVED EXCEEDS     1,054        

FIFTY TIMES THE BULK AMOUNT BUT DOES NOT EXCEED ONE HUNDRED TIMES  1,056        

THE BULK AMOUNT AND REGARDLESS OF WHETHER THE OFFENSE WAS                       

COMMITTED IN THE VICINITY OF A SCHOOL OR IN THE VICINITY OF A      1,057        

JUVENILE, TRAFFICKING IN FLUNITRAZEPAM IS A FELONY OF THE FIRST    1,058        

DEGREE, AND THE COURT SHALL IMPOSE AS A MANDATORY PRISON TERM ONE  1,060        

OF THE PRISON TERMS PRESCRIBED FOR A FELONY OF THE FIRST DEGREE.   1,061        

      (f)  IF THE AMOUNT OF THE FLUNITRAZEPAM INVOLVED EXCEEDS     1,063        

ONE HUNDRED TIMES THE BULK AMOUNT AND REGARDLESS OF WHETHER THE    1,064        

OFFENSE WAS COMMITTED IN THE VICINITY OF A SCHOOL OR IN THE        1,065        

VICINITY OF A JUVENILE, TRAFFICKING IN FLUNITRAZEPAM IS A FELONY   1,066        

OF THE FIRST DEGREE, AND THE COURT SHALL IMPOSE AS A MANDATORY     1,068        

PRISON TERM THE MAXIMUM PRISON TERM PRESCRIBED FOR A FELONY OF     1,069        

THE FIRST DEGREE AND MAY IMPOSE AN ADDITIONAL PRISON TERM          1,070        

PRESCRIBED FOR A MAJOR DRUG OFFENDER UNDER DIVISION (D)(3)(b) OF   1,071        

SECTION 2929.14 OF THE REVISED CODE.                               1,073        

      (D)  In addition to any prison term authorized or required   1,076        

by division (C) of this section and sections 2929.13 and 2929.14   1,077        

of the Revised Code, and in addition to any other sanction         1,078        

imposed for the offense under this section or sections 2929.11 to  1,079        

2929.18 of the Revised Code, the court that sentences an offender  1,080        

who is convicted of or pleads guilty to a violation of division    1,081        

(A) of this section shall do all of the following that are         1,083        

                                                          25     

                                                                 
applicable regarding the offender:                                              

      (1)  If the violation of division (A) of this section is a   1,086        

felony of the first, second, or third degree, the court shall      1,087        

impose upon the offender the mandatory fine specified for the      1,088        

offense under division (B)(1) of section 2929.18 of the Revised    1,089        

Code unless, as specified in that division, the court determines   1,090        

that the offender is indigent.  Except as otherwise provided in    1,091        

division (H)(1) of this section, a mandatory fine or any other     1,092        

fine imposed for a violation of this section is subject to         1,093        

division (F) of this section.  If a person is charged with a       1,094        

violation of this section that is a felony of the first, second,   1,095        

or third degree, posts bail, and forfeits the bail, the clerk of   1,096        

the court shall pay the forfeited bail pursuant to divisions       1,098        

(D)(1) and (F) of this section, as if the forfeited bail was a     1,099        

fine imposed for a violation of this section.  If any amount of    1,100        

the forfeited bail remains after that payment and if a fine is     1,101        

imposed under division (H)(1) of this section, the clerk of the    1,102        

court shall pay the remaining amount of the forfeited bail         1,103        

pursuant to divisions (H)(2) and (3) of this section, as if that   1,104        

remaining amount was a fine imposed under division (H)(1) of this               

section.                                                           1,105        

      (2)  The court shall revoke or suspend the driver's or       1,107        

commercial driver's license or permit of the offender in           1,108        

accordance with division (G) of this section.                      1,109        

      (3)  If the offender is a professionally licensed person or  1,112        

a person who has been admitted to the bar by order of the supreme  1,113        

court in compliance with its prescribed and published rules, the   1,114        

court forthwith shall comply with section 2925.38 of the Revised   1,115        

Code.                                                                           

      (E)  When a person is charged with the sale of or offer to   1,118        

sell a bulk amount or a multiple of a bulk amount of a controlled  1,119        

substance, the jury, or the court trying the accused, shall        1,121        

determine the amount of the controlled substance involved at the   1,122        

time of the offense and, if a guilty verdict is returned, shall    1,123        

                                                          26     

                                                                 
return the findings as part of the verdict.  In any such case, it  1,124        

is unnecessary to find and return the exact amount of the          1,125        

controlled substance involved, and it is sufficient if the                      

finding and return is to the effect that the amount of the         1,126        

controlled substance involved is the requisite amount, or that     1,128        

the amount of the controlled substance involved is less than the   1,129        

requisite amount.                                                  1,130        

      (F)(1)  Notwithstanding any contrary provision of section    1,133        

3719.21 of the Revised Code and except as provided in division     1,134        

(H) of this section, the clerk of the court shall pay any          1,135        

mandatory fine imposed pursuant to division (D)(1) of this         1,138        

section and any fine other than a mandatory fine that is imposed   1,139        

for a violation of this section pursuant to division (A) or        1,140        

(B)(5) of section 2929.18 of the Revised Code to the county,       1,142        

township, municipal corporation, park district, as created         1,143        

pursuant to section 511.18 or 1545.04 of the Revised Code, or      1,144        

state law enforcement agencies in this state that primarily were   1,145        

responsible for or involved in making the arrest of, and in        1,146        

prosecuting, the offender.  However, the clerk shall not pay a     1,147        

mandatory fine so imposed to a law enforcement agency unless the   1,148        

agency has adopted a written internal control policy under         1,149        

division (F)(2) of this section that addresses the use of the      1,151        

fine moneys that it receives.  Each agency shall use the           1,153        

mandatory fines so paid to subsidize the agency's law enforcement               

efforts that pertain to drug offenses, in accordance with the      1,155        

written internal control policy adopted by the recipient agency    1,156        

under division (F)(2) of this section.                             1,157        

      (2)(a)  Prior to receiving any fine moneys under division    1,159        

(F)(1) of this section or division (B)(5) of section 2925.42 of    1,162        

the Revised Code, a law enforcement agency shall adopt a written   1,163        

internal control policy that addresses the agency's use and        1,164        

disposition of all fine moneys so received and that provides for   1,165        

the keeping of detailed financial records of the receipts of       1,166        

those fine moneys, the general types of expenditures made out of   1,167        

                                                          27     

                                                                 
those fine moneys, and the specific amount of each general type    1,168        

of expenditure.  The policy shall not provide for or permit the    1,169        

identification of any specific expenditure that is made in an      1,170        

ongoing investigation.  All financial records of the receipts of   1,171        

those fine moneys, the general types of expenditures made out of   1,172        

those fine moneys, and the specific amount of each general type    1,173        

of expenditure by an agency are public records open for            1,174        

inspection under section 149.43 of the Revised Code.               1,175        

Additionally, a written internal control policy adopted under      1,176        

this division is such a public record, and the agency that         1,177        

adopted it shall comply with it.                                   1,178        

      (b)  Each law enforcement agency that receives in any        1,180        

calendar year any fine moneys under division (F)(1) of this        1,181        

section or division (B)(5) of section 2925.42 of the Revised Code  1,182        

shall prepare a report covering the calendar year that cumulates   1,183        

all of the information contained in all of the public financial    1,184        

records kept by the agency pursuant to division (F)(2)(a) of this  1,186        

section for that calendar year, and shall send a copy of the       1,187        

cumulative report, no later than the first day of March in the     1,188        

calendar year following the calendar year covered by the report,   1,189        

to the attorney general.  Each report received by the attorney     1,190        

general is a public record open for inspection under section       1,191        

149.43 of the Revised Code.  The attorney general shall make       1,192        

copies of each report received, and, no later than the fifteenth   1,193        

day of April in the calendar year in which the report is           1,194        

received, shall send a copy of it to the president of the senate   1,195        

and the speaker of the house of representatives.                   1,196        

      (3)  As used in division (F) of this section:                1,199        

      (a)  "Law enforcement agencies" includes, but is not         1,201        

limited to, the state board of pharmacy and the office of a        1,202        

prosecutor.                                                        1,203        

      (b)  "Prosecutor" has the same meaning as in section         1,205        

2935.01 of the Revised Code.                                       1,206        

      (G)  When required under division (D)(2) of this section,    1,210        

                                                          28     

                                                                 
the court either shall revoke or, if it does not revoke, shall     1,211        

suspend for not less than six months or more than five years, the  1,212        

driver's or commercial driver's license or permit of any person    1,214        

who is convicted of or pleads guilty to a violation of this        1,216        

section that is a felony of the first degree and shall suspend     1,217        

for not less than six months or more than five years the driver's  1,219        

or commercial driver's license or permit of any person who is      1,221        

convicted of or pleads guilty to any other violation of this       1,222        

section.  If an offender's driver's or commercial driver's         1,223        

license or permit is revoked pursuant to this division, the        1,225        

offender, at any time after the expiration of two years from the   1,226        

day on which the offender's sentence was imposed or from the day   1,227        

on which the offender finally was released from a prison term      1,230        

under the sentence, whichever is later, may file a motion with     1,231        

the sentencing court requesting termination of the revocation;     1,232        

upon the filing of such a motion and the court's finding of good   1,233        

cause for the termination, the court may terminate the             1,234        

revocation.                                                                     

      (H)(1)  In addition to any prison term authorized or         1,237        

required by division (C) of this section and sections 2929.13 and  1,238        

2929.14 of the Revised Code, in addition to any other penalty or   1,240        

sanction imposed for the offense under this section or sections    1,241        

2929.11 to 2929.181 of the Revised Code, and in addition to the    1,242        

forfeiture of property in connection with the offense as           1,243        

prescribed in sections 2925.42 to 2925.45 of the Revised Code,     1,245        

the court that sentences an offender who is convicted of or        1,246        

pleads guilty to a violation of division (A) of this section may   1,247        

impose upon the offender an additional fine specified for the      1,248        

offense in division (B)(4) of section 2929.18 of the Revised       1,250        

Code.  A fine imposed under division (H)(1) of this section is     1,252        

not subject to division (F) of this section and shall be used      1,253        

solely for the support of one or more eligible alcohol and drug    1,254        

addiction programs in accordance with divisions (H)(2) and (3) of  1,255        

this section.                                                                   

                                                          29     

                                                                 
      (2)  The court that imposes a fine under division (H)(1) of  1,258        

this section shall specify in the judgment that imposes the fine   1,259        

one or more eligible alcohol and drug addiction programs for the   1,260        

support of which the fine money is to be used.  No alcohol and     1,261        

drug addiction program shall receive or use money paid or          1,262        

collected in satisfaction of a fine imposed under division (H)(1)  1,264        

of this section unless the program is specified in the judgment    1,265        

that imposes the fine.  No alcohol and drug addiction program      1,266        

shall be specified in the judgment unless the program is an        1,267        

eligible alcohol and drug addiction program and, except as         1,268        

otherwise provided in division (H)(2) of this section, unless the  1,270        

program is located in the county in which the court that imposes   1,271        

the fine is located or in a county that is immediately contiguous  1,272        

to the county in which that court is located.  If no eligible      1,273        

alcohol and drug addiction program is located in any of those      1,274        

counties, the judgment may specify an eligible alcohol and drug    1,275        

addiction program that is located anywhere within this state.      1,276        

      (3)  Notwithstanding any contrary provision of section       1,278        

3719.21 of the Revised Code, the clerk of the court shall pay any  1,280        

fine imposed under division (H)(1) of this section to the          1,281        

eligible alcohol and drug addiction program specified pursuant to  1,282        

division (H)(2) of this section in the judgment.  The eligible     1,283        

alcohol and drug addiction program that receives the fine moneys   1,284        

shall use the moneys only for the alcohol and drug addiction       1,285        

services identified in the application for certification under     1,286        

section 3793.06 of the Revised Code or in the application for a    1,287        

license under section 3793.11 of the Revised Code filed with the   1,289        

department of alcohol and drug addiction services by the alcohol                

and drug addiction program specified in the judgment.              1,290        

      (4)  Each alcohol and drug addiction program that receives   1,292        

in a calendar year any fine moneys under division (H)(3) of this   1,294        

section shall file an annual report covering that calendar year    1,295        

with the court of common pleas and the board of county             1,296        

commissioners of the county in which the program is located, with  1,297        

                                                          30     

                                                                 
the court of common pleas and the board of county commissioners    1,298        

of each county from which the program received the moneys if that  1,299        

county is different from the county in which the program is                     

located, and with the attorney general.  The alcohol and drug      1,300        

addiction program shall file the report no later than the first    1,301        

day of March in the calendar year following the calendar year in   1,303        

which the program received the fine moneys.  The report shall      1,304        

include statistics on the number of persons served by the alcohol  1,305        

and drug addiction program, identify the types of alcohol and      1,306        

drug addiction services provided to those persons, and include a   1,307        

specific accounting of the purposes for which the fine moneys      1,308        

received were used.  No information contained in the report shall  1,309        

identify, or enable a person to determine the identity of, any     1,310        

person served by the alcohol and drug addiction program.  Each     1,311        

report received by a court of common pleas, a board of county      1,312        

commissioners, or the attorney general is a public record open     1,313        

for inspection under section 149.43 of the Revised Code.           1,314        

      (5)  As used in divisions (H)(1) to (5) of this section:     1,316        

      (a)  "Alcohol and drug addiction program" and "alcohol and   1,319        

drug addiction services" have the same meanings as in section      1,320        

3793.01 of the Revised Code.                                                    

      (b)  "Eligible alcohol and drug addiction program" means an  1,323        

alcohol and drug addiction program that is certified under         1,324        

section 3793.06 of the Revised Code or licensed under section      1,325        

3793.11 of the Revised Code by the department of alcohol and drug  1,327        

addiction services.                                                             

      Sec. 2925.11.  (A)  No person shall knowingly obtain,        1,336        

possess, or use a controlled substance.                            1,337        

      (B)  This section does not apply to any of the following:    1,339        

      (1)  Manufacturers, practitioners, pharmacists, owners of    1,341        

pharmacies, and other persons whose conduct was in accordance      1,342        

with Chapters 3719., 4715., 4729., 4731., and 4741. or section     1,344        

4723.56 of the Revised Code;                                                    

      (2)  If the offense involves an anabolic steroid, any        1,346        

                                                          31     

                                                                 
person who is conducting or participating in a research project    1,347        

involving the use of an anabolic steroid if the project has been   1,348        

approved by the United States food and drug administration;        1,349        

      (3)  Any person who sells, offers for sale, prescribes,      1,351        

dispenses, or administers for livestock or other nonhuman species  1,352        

an anabolic steroid that is expressly intended for administration  1,353        

through implants to livestock or other nonhuman species and        1,354        

approved for that purpose under the "Federal Food, Drug, and       1,355        

Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,  1,356        

and is sold, offered for sale, prescribed, dispensed, or           1,357        

administered for that purpose in accordance with that act;         1,358        

      (4)  Any person who obtained the controlled substance        1,360        

pursuant to a prescription issued by a practitioner, where the     1,361        

drug is in the original container in which it was dispensed to     1,362        

such person.                                                       1,363        

      (C)  Whoever violates division (A) of this section is        1,365        

guilty of one of the following:                                    1,366        

      (1)  If the drug involved in the violation is a compound,    1,368        

mixture, preparation, or substance included in schedule I or II,   1,369        

with the exception of marihuana, cocaine, L.S.D., heroin, and      1,372        

hashish, whoever violates division (A) of this section is guilty   1,373        

of aggravated possession of drugs.  The penalty for the offense    1,374        

shall be determined as follows:                                                 

      (a)  Except as otherwise provided in division (C)(1)(b),     1,377        

(c), (d), or (e) of this section, aggravated possession of drugs   1,378        

is a felony of the fifth degree, and division (B) of section       1,379        

2929.13 of the Revised Code applies in determining whether to      1,380        

impose a prison term on the offender.                                           

      (b)  If the amount of the drug involved exceeds the bulk     1,383        

amount but does not exceed five times the bulk amount, aggravated  1,384        

possession of drugs is a felony of the third degree, and there is  1,385        

a presumption for a prison term for the offense.                                

      (c)  If the amount of the drug involved exceeds five times   1,388        

the bulk amount but does not exceed fifty times the bulk amount,   1,389        

                                                          32     

                                                                 
aggravated possession of drugs is a felony of the second degree,   1,390        

and the court shall impose as a mandatory prison term one of the   1,391        

prison terms prescribed for a felony of the second degree.         1,392        

      (d)  If the amount of the drug involved exceeds fifty times  1,394        

the bulk amount but does not exceed one hundred times the bulk     1,395        

amount, aggravated possession of drugs is a felony of the first    1,396        

degree, and the court shall impose as a mandatory prison term one  1,397        

of the prison terms prescribed for a felony of the first degree.   1,398        

      (e)  If the amount of the drug involved exceeds one hundred  1,400        

times the bulk amount, aggravated possession of drugs is a felony  1,401        

of the first degree, and the court shall impose as a mandatory     1,402        

prison term the maximum prison term prescribed for a felony of     1,403        

the first degree and may impose an additional mandatory prison     1,404        

term prescribed for a major drug offender under division                        

(D)(3)(b) of section 2929.14 of the Revised Code.                  1,405        

      (2)  If the drug involved in the violation is a compound,    1,407        

mixture, preparation, or substance included in schedule III, IV,   1,409        

or V, WITH THE EXCEPTION OF FLUNITRAZEPAM, whoever violates        1,410        

division (A) of this section is guilty of possession of drugs.     1,413        

The penalty for the offense shall be determined as follows:        1,414        

      (a)  Except as otherwise provided in division (C)(2)(b),     1,417        

(c), or (d) of this section, possession of drugs is a misdemeanor  1,418        

of the third degree or, if the offender previously has been        1,419        

convicted of a drug abuse offense, a misdemeanor of the second     1,420        

degree.  If the drug involved in the violation is an anabolic      1,421        

steroid included in schedule III and if the offense is a           1,422        

misdemeanor of the third degree under this division, in lieu of    1,423        

sentencing the offender to a term of imprisonment in a detention   1,424        

facility, the court may place the offender on conditional          1,425        

probation pursuant to division (F) of section 2951.02 of the       1,427        

Revised Code.                                                      1,428        

      (b)  If the amount of the drug involved exceeds the bulk     1,431        

amount but does not exceed five times the bulk amount, possession  1,432        

of drugs is a felony of the fourth degree, and division (C) of     1,433        

                                                          33     

                                                                 
section 2929.13 of the Revised Code applies in determining                      

whether to impose a prison term on the offender.                   1,434        

      (c)  If the amount of the drug involved exceeds five times   1,437        

the bulk amount but does not exceed fifty times the bulk amount,   1,438        

possession of drugs is a felony of the third degree, and there is  1,439        

a presumption for a prison term for the offense.                                

      (d)  If the amount of the drug involved exceeds fifty times  1,442        

the bulk amount, possession of drugs is a felony of the second     1,443        

degree, and the court shall impose upon the offender as a          1,444        

mandatory prison term one of the prison terms prescribed for a     1,445        

felony of the second degree.                                                    

      (3)  If the drug involved in the violation is marihuana or   1,447        

a compound, mixture, preparation, or substance containing          1,448        

marihuana other than hashish, whoever violates division (A) of     1,450        

this section is guilty of possession of marihuana.  The penalty    1,451        

for the offense shall be determined as follows:                    1,452        

      (a)  Except as otherwise provided in division (C)(3)(b),     1,455        

(c), (d), (e), or (f) of this section, possession of marihuana is  1,456        

a minor misdemeanor.                                               1,457        

      (b)  If the amount of the drug involved equals or exceeds    1,460        

one hundred grams but does not exceed two hundred grams,           1,461        

possession of marihuana is a misdemeanor of the fourth degree.     1,462        

      (c)  If the amount of the drug involved exceeds two hundred  1,465        

grams but does not exceed one thousand grams, possession of        1,466        

marihuana is a felony of the fifth degree, and division (B) of     1,467        

section 2929.13 of the Revised Code applies in determining                      

whether to impose a prison term on the offender.                   1,469        

      (d)  If the amount of the drug involved exceeds one          1,472        

thousand grams but does not exceed five thousand grams,                         

possession of marihuana is a felony of the third degree, and       1,473        

division (C) of section 2929.13 of the Revised Code applies in     1,474        

determining whether to impose a prison term on the offender.       1,475        

      (e)  If the amount of the drug involved exceeds five         1,478        

thousand grams but does not exceed twenty thousand grams,                       

                                                          34     

                                                                 
possession of marihuana is a felony of the third degree, and       1,479        

there is a presumption that a prison term shall be imposed for     1,480        

the offense.                                                       1,481        

      (f)  If the amount of the drug involved exceeds twenty       1,484        

thousand grams, possession of marihuana is a felony of the second  1,485        

degree, and the court shall impose as a mandatory prison term the  1,486        

maximum prison term prescribed for a felony of the second degree.  1,487        

      (4)  If the drug involved in the violation is cocaine or a   1,490        

compound, mixture, preparation, or substance containing cocaine,   1,491        

whoever violates division (A) of this section is guilty of         1,492        

possession of cocaine.  The penalty for the offense shall be       1,493        

determined as follows:                                                          

      (a)  Except as otherwise provided in division (C)(4)(b),     1,496        

(c), (d), (e), or (f) of this section, possession of cocaine is a  1,497        

felony of the fifth degree, and division (B) of section 2929.13    1,498        

of the Revised Code applies in determining whether to impose a     1,499        

prison term on the offender.                                                    

      (b)  If the amount of the drug involved exceeds five grams   1,502        

but does not exceed twenty-five grams of cocaine that is not                    

crack cocaine or exceeds one gram but does not exceed five grams   1,504        

of crack cocaine, possession of cocaine is a felony of the fourth  1,505        

degree, and there is a presumption for a prison term for the       1,506        

offense.                                                                        

      (c)  If the amount of the drug involved exceeds twenty-five  1,509        

grams but does not exceed one hundred grams of cocaine that is     1,510        

not crack cocaine or exceeds five grams but does not exceed ten    1,512        

grams of crack cocaine, possession of cocaine is a felony of the   1,513        

third degree, and the court shall impose as a mandatory prison     1,514        

term one of the prison terms prescribed for a felony of the third  1,515        

degree.                                                                         

      (d)  If the amount of the drug involved exceeds one hundred  1,518        

grams but does not exceed five hundred grams of cocaine that is    1,519        

not crack cocaine or exceeds ten grams but does not exceed         1,521        

twenty-five grams of crack cocaine, possession of cocaine is a     1,522        

                                                          35     

                                                                 
felony of the second degree, and the court shall impose as a       1,523        

mandatory prison term one of the prison terms prescribed for a     1,524        

felony of the second degree.                                                    

      (e)  If the amount of the drug involved exceeds five         1,527        

hundred grams but does not exceed one thousand grams of cocaine    1,528        

that is not crack cocaine or exceeds twenty-five grams but does    1,530        

not exceed one hundred grams of crack cocaine, possession of                    

cocaine is a felony of the first degree, and the court shall       1,532        

impose as a mandatory prison term one of the prison terms          1,533        

prescribed for a felony of the first degree.                                    

      (f)  If the amount of the drug involved exceeds one          1,536        

thousand grams of cocaine that is not crack cocaine or exceeds     1,537        

one hundred grams of crack cocaine, possession of cocaine is a     1,538        

felony of the first degree, and the court shall impose as a        1,539        

mandatory prison term the maximum prison term prescribed for a     1,540        

felony of the first degree and may impose an additional mandatory  1,541        

prison term prescribed for a major drug offender under division    1,542        

(D)(3)(b) of section 2929.14 of the Revised Code.                  1,544        

      (5)  If the drug involved in the violation is L.S.D.,        1,547        

whoever violates division (A) of this section is guilty of         1,548        

possession of L.S.D.  The penalty for the offense shall be         1,550        

determined as follows:                                                          

      (a)  Except as otherwise provided in division (C)(5)(b),     1,553        

(c), (d), (e), or (f) of this section, possession of L.S.D. is a                

felony of the fifth degree, and division (B) of section 2929.13    1,554        

of the Revised Code applies in determining whether to impose a     1,555        

prison term on the offender.                                                    

      (b)  If the amount of L.S.D. involved exceeds ten unit       1,557        

doses but does not exceed fifty unit doses of L.S.D. in a solid    1,559        

form or exceeds one gram but does not exceed five grams of L.S.D.  1,560        

in a liquid concentrate, liquid extract, or liquid distillate      1,561        

form, possession of L.S.D. is a felony of the fourth degree, and   1,564        

division (C) of section 2929.13 of the Revised Code applies in                  

determining whether to impose a prison term on the offender.       1,565        

                                                          36     

                                                                 
      (c)  If the amount of L.S.D. involved exceeds fifty unit     1,568        

doses, but does not exceed two hundred fifty unit doses of L.S.D.  1,570        

in a solid form or exceeds five grams but does not exceed          1,571        

twenty-five grams of L.S.D. in a liquid concentrate, liquid        1,572        

extract, or liquid distillate form, possession of L.S.D. is a      1,573        

felony of the third degree, and there is a presumption for a       1,574        

prison term for the offense.                                                    

      (d)  If the amount of L.S.D. involved exceeds two hundred    1,577        

fifty unit doses but does not exceed one thousand unit doses of    1,579        

L.S.D. in a solid form or exceeds twenty-five grams but does not   1,580        

exceed one hundred grams of L.S.D. in a liquid concentrate,                     

liquid extract, or liquid distillate form, possession of L.S.D.    1,582        

is a felony of the second degree, and the court shall impose as a  1,583        

mandatory prison term one of the prison terms prescribed for a     1,584        

felony of the second degree.                                       1,585        

      (e)  If the amount of L.S.D. involved exceeds one thousand   1,588        

unit doses but does not exceed five thousand unit doses of L.S.D.  1,590        

in a solid form or exceeds one hundred grams but does not exceed   1,591        

five hundred grams of L.S.D. in a liquid concentrate, liquid       1,592        

extract, or liquid distillate form, possession of L.S.D. is a      1,593        

felony of the first degree, and the court shall impose as a        1,594        

mandatory prison term one of the prison terms prescribed for a     1,595        

felony of the first degree.                                                     

      (f)  If the amount of L.S.D. involved exceeds five thousand  1,598        

unit doses of L.S.D. in a solid form or exceeds five hundred       1,601        

grams of L.S.D. in a liquid concentrate, liquid extract, or        1,602        

liquid distillate form, possession of L.S.D. is a felony of the    1,604        

first degree, and the court shall impose as a mandatory prison     1,605        

term the maximum prison term prescribed for a felony of the first  1,606        

degree and may impose an additional mandatory prison term          1,607        

prescribed for a major drug offender under division (D)(3)(b) of   1,608        

section 2929.14 of the Revised Code.                               1,609        

      (6)  If the drug involved in the violation is heroin or a    1,611        

compound, mixture, preparation, or substance containing heroin,    1,612        

                                                          37     

                                                                 
whoever violates division (A) of this section is guilty of         1,614        

possession of heroin.  The penalty for the offense shall be                     

determined as follows:                                             1,615        

      (a)  Except as otherwise provided in division (C)(6)(b),     1,618        

(c), (d), (e), or (f) of this section, possession of heroin is a   1,619        

felony of the fifth degree, and division (B) of section 2929.13    1,620        

of the Revised Code applies in determining whether to impose a     1,621        

prison term on the offender.                                                    

      (b)  If the amount of the drug involved exceeds one gram     1,624        

but does not exceed five grams, possession of heroin is a felony   1,625        

of the fourth degree, and division (C) of section 2929.13 of the   1,626        

Revised Code applies in determining whether to impose a prison                  

term on the offender.                                              1,627        

      (c)  If the amount of the drug involved exceeds five grams   1,630        

but does not exceed ten grams, possession of heroin is a felony    1,631        

of the third degree, and there is a presumption for a prison term  1,632        

for the offense.                                                                

      (d)  If the amount of the drug involved exceeds ten grams    1,635        

but does not exceed fifty grams, possession of heroin is a felony  1,636        

of the second degree, and the court shall impose as a mandatory    1,637        

prison term one of the prison terms prescribed for a felony of     1,638        

the second degree.                                                              

      (e)  If the amount of the drug involved exceeds fifty grams  1,641        

but does not exceed two hundred fifty grams, possession of heroin  1,642        

is a felony of the first degree, and the court shall impose as a   1,643        

mandatory prison term one of the prison terms prescribed for a     1,644        

felony of the first degree.                                                     

      (f)  If the amount of the drug involved exceeds two hundred  1,647        

fifty grams, possession of heroin is a felony of the first         1,648        

degree, and the court shall impose as a mandatory prison term the  1,649        

maximum prison term prescribed for a felony of the first degree    1,650        

and may impose an additional mandatory prison term prescribed for  1,651        

a major drug offender under division (D)(3)(b) of section 2929.14  1,652        

of the Revised Code.                                               1,653        

                                                          38     

                                                                 
      (7)  If the drug involved in the violation is hashish or a   1,655        

compound, mixture, preparation, or substance containing hashish,   1,656        

whoever violates division (A) of this section is guilty of         1,658        

possession of hashish.  The penalty for the offense shall be                    

determined as follows:                                             1,659        

      (a)  Except as otherwise provided in division (C)(7)(b),     1,662        

(c), (d), (e), or (f) of this section, possession of hashish is a  1,663        

minor misdemeanor.                                                              

      (b)  If the amount of the drug involved equals or exceeds    1,665        

five grams but does not exceed ten grams of hashish in a solid     1,666        

form or equals or exceeds one gram but does not exceed two grams   1,667        

of hashish in a liquid concentrate, liquid extract, or liquid      1,668        

distillate form, possession of hashish is a misdemeanor of the     1,669        

fourth degree.                                                                  

      (c)  If the amount of the drug involved exceeds ten grams    1,672        

but does not exceed fifty grams of hashish in a solid form or                   

exceeds two grams but does not exceed ten grams of hashish in a    1,673        

liquid concentrate, liquid extract, or liquid distillate form,     1,674        

possession of hashish is a felony of the fifth degree, and         1,675        

division (B) of section 2929.13 of the Revised Code applies in     1,676        

determining whether to impose a prison term on the offender.       1,678        

      (d)  If the amount of the drug involved exceeds fifty grams  1,681        

but does not exceed two hundred fifty grams of hashish in a solid               

form or exceeds ten grams but does not exceed fifty grams of       1,682        

hashish in a liquid concentrate, liquid extract, or liquid         1,683        

distillate form, possession of hashish is a felony of the third    1,684        

degree, and division (C) of section 2929.13 of the Revised Code    1,685        

applies in determining whether to impose a prison term on the      1,686        

offender.                                                                       

      (e)  If the amount of the drug involved exceeds two hundred  1,689        

fifty grams but does not exceed one thousand grams of hashish in                

a solid form or exceeds fifty grams but does not exceed two        1,690        

hundred grams of hashish in a liquid concentrate, liquid extract,  1,691        

or liquid distillate form, possession of hashish is a felony of    1,692        

                                                          39     

                                                                 
the third degree, and there is a presumption that a prison term    1,693        

shall be imposed for the offense.                                               

      (f)  If the amount of the drug involved exceeds one          1,696        

thousand grams of hashish in a solid form or exceeds two hundred                

grams of hashish in a liquid concentrate, liquid extract, or       1,697        

liquid distillate form, possession of hashish is a felony of the   1,698        

second degree, and the court shall impose as a mandatory prison    1,699        

term the maximum prison term prescribed for a felony of the        1,700        

second degree.                                                     1,701        

      (8)  IF THE DRUG INVOLVED IN THE VIOLATION IS                1,703        

FLUNITRAZEPAM, WHOEVER VIOLATES DIVISION (A) OF THIS SECTION IS    1,705        

GUILTY OF POSSESSION OF FLUNITRAZEPAM.  THE PENALTY FOR THE        1,706        

OFFENSE SHALL BE DETERMINED AS FOLLOWS:                            1,707        

      (a)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(8)(b),     1,710        

(c), (d), OR (e) OF THIS SECTION, POSSESSION OF FLUNITRAZEPAM IS   1,711        

A FELONY OF THE FIFTH DEGREE, AND DIVISION (B) OF SECTION 2929.13  1,713        

OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A     1,716        

PRISON TERM ON THE OFFENDER.                                       1,717        

      (b)  IF THE AMOUNT OF THE FLUNITRAZEPAM INVOLVED EXCEEDS     1,719        

THE BULK AMOUNT BUT DOES NOT EXCEED FIVE TIMES THE BULK AMOUNT,    1,720        

POSSESSION OF FLUNITRAZEPAM IS A FELONY OF THE THIRD DEGREE, AND   1,721        

THERE IS A PRESUMPTION FOR A PRISON TERM FOR THE OFFENSE.          1,722        

      (c)  IF THE AMOUNT OF THE FLUNITRAZEPAM INVOLVED EXCEEDS     1,724        

FIVE TIMES THE BULK AMOUNT BUT DOES NOT EXCEED FIFTY TIMES THE     1,725        

BULK AMOUNT, POSSESSION OF FLUNITRAZEPAM IS A FELONY OF THE        1,726        

SECOND DEGREE, AND THE COURT SHALL IMPOSE AS A MANDATORY PRISON    1,727        

TERM ONE OF THE PRISON TERMS PRESCRIBED FOR A FELONY OF THE        1,728        

SECOND DEGREE.                                                     1,729        

      (d)  IF THE AMOUNT OF THE FLUNITRAZEPAM INVOLVED EXCEEDS     1,731        

FIFTY TIMES THE BULK AMOUNT BUT DOES NOT EXCEED ONE HUNDRED TIMES  1,732        

THE BULK AMOUNT, POSSESSION OF FLUNITRAZEPAM IS A FELONY OF THE    1,733        

FIRST DEGREE, AND THE COURT SHALL IMPOSE AS A MANDATORY PRISON     1,734        

TERM ONE OF THE PRISON TERMS PRESCRIBED FOR A FELONY OF THE FIRST  1,736        

DEGREE.                                                                         

                                                          40     

                                                                 
      (e)  IF THE AMOUNT OF THE FLUNITRAZEPAM INVOLVED EXCEEDS     1,738        

ONE HUNDRED TIMES THE BULK AMOUNT, POSSESSION OF FLUNITRAZEPAM IS  1,739        

A FELONY OF THE FIRST DEGREE, AND THE COURT SHALL IMPOSE AS A      1,740        

MANDATORY PRISON TERM THE MAXIMUM PRISON TERM PRESCRIBED FOR A     1,741        

FELONY OF THE FIRST DEGREE AND MAY IMPOSE AN ADDITIONAL PRISON     1,742        

TERM PRESCRIBED FOR A MAJOR DRUG OFFENDER UNDER DIVISION           1,744        

(D)(3)(b) OF SECTION 2929.14 OF THE REVISED CODE.                  1,746        

      (D)  Arrest or conviction for a minor misdemeanor violation  1,748        

of this section does not constitute a criminal record and need     1,749        

not be reported by the person so arrested or convicted in          1,750        

response to any inquiries about the person's criminal record,      1,751        

including any inquiries contained in any application for           1,752        

employment, license, or other right or privilege, or made in       1,753        

connection with the person's appearance as a witness.              1,754        

      (E)  In addition to any prison term authorized or required   1,757        

by division (C) of this section and sections 2929.13 and 2929.14   1,758        

of the Revised Code and in addition to any other sanction that is  1,759        

imposed for the offense under this section or sections 2929.11 to  1,760        

2929.18 of the Revised Code, the court that sentences an offender  1,763        

who is convicted of or pleads guilty to a violation of division    1,764        

(A) of this section shall do all of the following that are         1,765        

applicable regarding the offender:                                              

      (1)(a)  If the violation is a felony of the first, second,   1,768        

or third degree, the court shall impose upon the offender the      1,769        

mandatory fine specified for the offense under division (B)(1) of  1,770        

section 2929.18 of the Revised Code unless, as specified in that   1,771        

division, the court determines that the offender is indigent.      1,772        

      (b)  Notwithstanding any contrary provision of section       1,774        

3719.21 of the Revised Code, the clerk of the court shall pay a    1,776        

mandatory fine or other fine imposed for a violation of this       1,777        

section pursuant to division (A) of section 2929.18 of the         1,778        

Revised Code in accordance with and subject to the requirements                 

of division (F) of section 2925.03 of the Revised Code.  The       1,779        

agency that receives the fine shall use the fine as specified in   1,780        

                                                          41     

                                                                 
division (F) of section 2925.03 of the Revised Code.               1,781        

      (c)  If a person is charged with a violation of this         1,783        

section that is a felony of the first, second, or third degree,    1,784        

posts bail, and forfeits the bail, the clerk shall pay the         1,785        

forfeited bail pursuant to division (E)(1)(b) of this section as   1,786        

if it were a mandatory fine imposed under division (E)(1)(a) of    1,787        

this section.                                                                   

      (2)  The court shall suspend for not less than six months    1,789        

or more than five years the driver's or commercial driver's        1,790        

license or permit of any person who is convicted of or has         1,791        

pleaded guilty to a violation of this section.                                  

      (3)  If the offender is a professionally licensed person or  1,793        

a person who has been admitted to the bar by order of the supreme  1,795        

court in compliance with its prescribed and published rules, in    1,796        

addition to any other sanction imposed for a violation of this     1,797        

section, the court forthwith shall comply with section 2925.38 of  1,798        

the Revised Code.                                                               

      (F)  It is an affirmative defense, as provided in section    1,800        

2901.05 of the Revised Code, to a charge of a fourth degree        1,801        

felony violation under this section that the controlled substance  1,802        

that gave rise to the charge is in an amount, is in a form, is     1,805        

prepared, compounded, or mixed with substances that are not        1,807        

controlled substances in a manner, or is possessed under any       1,808        

other circumstances, that indicate that the substance was          1,809        

possessed solely for personal use.  Notwithstanding any contrary   1,811        

provision of this section, if, in accordance with section 2901.05  1,812        

of the Revised Code, an accused who is charged with a fourth       1,813        

degree felony violation of division (C)(2), (4), (5), or (6) of    1,814        

this section sustains the burden of going forward with evidence    1,815        

of and establishes by a preponderance of the evidence the          1,816        

affirmative defense described in this division, the accused may    1,817        

be prosecuted for and may plead guilty to or be convicted of a     1,818        

misdemeanor violation of division (C)(2) of this section or a      1,819        

fifth degree felony violation of division (C)(4), (5), or (6) of   1,820        

                                                          42     

                                                                 
this section respectively.                                         1,821        

      (G)  When a person is charged with possessing a bulk amount  1,823        

or multiple of a bulk amount, division (E) of section 2925.03 of   1,825        

the Revised Code applies regarding the determination of the        1,826        

amount of the controlled substance involved at the time of the     1,827        

offense.                                                                        

      Sec. 2929.13.  (A)  Except as provided in division (E),      1,842        

(F), or (G) of this section and unless a specific sanction is      1,843        

required to be imposed or is precluded from being imposed          1,844        

pursuant to law, a court that imposes a sentence upon an offender  1,845        

for a felony may impose any sanction or combination of sanctions   1,846        

on the offender that are provided in sections 2929.14 to 2929.18   1,847        

of the Revised Code.  The sentence shall not impose an             1,848        

unnecessary burden on state or local government resources.         1,849        

      If the offender is eligible to be sentenced to community     1,851        

control sanctions, the court shall consider the appropriateness    1,853        

of imposing a financial sanction pursuant to section 2929.18 of    1,854        

the Revised Code or a sanction of community service pursuant to    1,856        

section 2929.17 of the Revised Code as the sole sanction for the   1,857        

offense.  Except as otherwise provided in this division, if the    1,858        

court is required to impose a mandatory prison term for the        1,859        

offense for which sentence is being imposed, the court also may    1,860        

impose a financial sanction pursuant to section 2929.18 of the     1,861        

Revised Code but may not impose any additional sanction or         1,862        

combination of sanctions under section 2929.16 or 2929.17 of the   1,863        

Revised Code.                                                      1,864        

      If the offender is being sentenced for a fourth degree       1,866        

felony OMVI offense, in addition to the mandatory term of local    1,867        

incarceration or the mandatory prison term required for the        1,869        

offense by division (G)(1) or (2) of this section, the court       1,871        

shall impose upon the offender a mandatory fine in accordance                   

with division (B)(3) of section 2929.18 of the Revised Code and    1,874        

may impose whichever of the following is applicable:                            

      (1)  If division (G)(1) of this section requires that the    1,876        

                                                          43     

                                                                 
offender be sentenced to a mandatory term of local incarceration,  1,877        

an additional community control sanction or combination of         1,879        

community control sanctions under section 2929.16 or 2929.17 of    1,880        

the Revised Code;                                                  1,881        

      (2)  If division (G)(2) of this section requires that the    1,883        

offender be sentenced to a mandatory prison term, an additional    1,884        

prison term as described in division (D)(4) of section 2929.14 of  1,885        

the Revised Code.                                                               

      (B)(1)  Except as provided in division (B)(2), (E), (F), or  1,888        

(G) of this section, in sentencing an offender for a felony of     1,889        

the fourth or fifth degree, the sentencing court shall determine                

whether any of the following apply:                                1,891        

      (a)  In committing the offense, the offender caused          1,893        

physical harm to a person.                                         1,894        

      (b)  In committing the offense, the offender attempted to    1,897        

cause or made an actual threat of physical harm to a person with   1,898        

a deadly weapon.                                                                

      (c)  In committing the offense, the offender attempted to    1,901        

cause or made an actual threat of physical harm to a person, and   1,902        

the offender previously was convicted of an offense that caused    1,903        

physical harm to a person.                                                      

      (d)  The offender held a public office or position of trust  1,906        

and the offense related to that office or position; the                         

offender's position obliged the offender to prevent the offense    1,907        

or to bring those committing it to justice; or the offender's      1,908        

professional reputation or position facilitated the offense or     1,909        

was likely to influence the future conduct of others.              1,910        

      (e)  The offender committed the offense for hire or as part  1,912        

of an organized criminal activity.                                 1,913        

      (f)  The offense is a sex offense that is a fourth or fifth  1,916        

degree felony violation of section 2907.03, 2907.04, 2907.05,      1,917        

2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the  1,918        

Revised Code.                                                                   

      (g)  The offender previously served a prison term.           1,920        

                                                          44     

                                                                 
      (h)  The offender previously was subject to a community      1,922        

control sanction, and the offender committed another offense       1,924        

while under the sanction.                                                       

      (2)(a)  If the court makes a finding described in division   1,927        

(B)(1)(a), (b), (c), (d), (e), (f), (g), or, (h) of this section   1,928        

and if the court, after considering the factors set forth in       1,929        

section 2929.12 of the Revised Code, finds that a prison term is   1,931        

consistent with the purposes and principles of sentencing set                   

forth in section 2929.11 of the Revised Code and finds that the    1,933        

offender is not amenable to an available community control         1,934        

sanction, the court shall impose a prison term upon the offender.  1,935        

      (b)  Except as provided in division (E), (F), or (G) of      1,937        

this section, if the court does not make a finding described in    1,939        

division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this   1,940        

section and if the court, after considering the factors set forth  1,941        

in section 2929.12 of the Revised Code, finds that a community     1,943        

control sanction or combination of community control sanctions is  1,945        

consistent with the purposes and principles of sentencing set                   

forth in section 2929.11 of the Revised Code, the court shall      1,948        

impose a community control sanction or combination of community    1,949        

control sanctions upon the offender.                               1,950        

      (C)  Except as provided in division (E) or (F) of this       1,953        

section, in determining whether to impose a prison term as a       1,954        

sanction for a felony of the third degree or a felony drug         1,955        

offense that is a violation of a provision of Chapter 2925. of     1,957        

the Revised Code and that is specified as being subject to this    1,960        

division for purposes of sentencing, the sentencing court shall    1,961        

comply with the purposes and principles of sentencing under        1,962        

section 2929.11 of the Revised Code and with section 2929.12 of    1,965        

the Revised Code.                                                               

      (D)  Except as provided in division (E) or (F) of this       1,968        

section, for a felony of the first or second degree and for a      1,969        

felony drug offense that is a violation of any provision of        1,970        

Chapter 2925., 3719., or 4729. of the Revised Code for which a     1,971        

                                                          45     

                                                                 
presumption in favor of a prison term is specified as being        1,972        

applicable, it is presumed that a prison term is necessary in      1,973        

order to comply with the purposes and principles of sentencing     1,974        

under section 2929.11 of the Revised Code.  Notwithstanding the    1,975        

presumption established under this division, the sentencing court  1,976        

may impose a community control sanction or a combination of        1,977        

community control sanctions instead of a prison term on an         1,978        

offender for a felony of the first or second degree or for a       1,979        

felony drug offense that is a violation of any provision of        1,980        

Chapter 2925., 3719., or 4729. of the Revised Code for which a                  

presumption in favor of a prison term is specified as being        1,981        

applicable if it makes both of the following findings:             1,983        

      (1)  A community control sanction or a combination of        1,985        

community control sanctions would adequately punish the offender   1,987        

and protect the public from future crime, because the applicable   1,988        

factors under section 2929.12 of the Revised Code indicating a     1,990        

lesser likelihood of recidivism outweigh the applicable factors    1,992        

under that section indicating a greater likelihood of recidivism.  1,994        

      (2)  A community control sanction or a combination of        1,996        

community control sanctions would not demean the seriousness of    1,998        

the offense, because one or more factors under section 2929.12 of  1,999        

the Revised Code that indicate that the offender's conduct was     2,000        

less serious than conduct normally constituting the offense are    2,001        

applicable, and they outweigh the applicable factors under that    2,002        

section that indicate that the offender's conduct was more         2,003        

serious than conduct normally constituting the offense.            2,004        

      (E)(1)  Except as provided in division (F) of this section,  2,007        

for any drug offense that is a violation of any provision of       2,008        

Chapter 2925. of the Revised Code and that is a felony of the      2,009        

third, fourth, or fifth degree, the applicability of a             2,010        

presumption under division (D) of this section in favor of a       2,011        

prison term or of division (B) or (C) of this section in           2,012        

determining whether to impose a prison term for the offense shall  2,014        

be determined as specified in section 2925.02, 2925.03, 2925.04,   2,015        

                                                          46     

                                                                 
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or  2,016        

2925.37 of the Revised Code, whichever is applicable regarding     2,018        

the violation.                                                                  

      (2)  If an offender who was convicted of or pleaded guilty   2,020        

to a felony drug offense in violation of a provision of Chapter    2,021        

2925., 3719., or 4729. of the Revised Code violates the            2,022        

conditions of a community control sanction imposed for the         2,023        

offense solely by possession or using a controlled substance and   2,024        

if the offender has not failed to meet the conditions of any drug  2,025        

treatment program in which the offender was ordered to                          

participate as a sanction for the offense, the court, as           2,026        

punishment for the violation of the sanction, shall order that     2,027        

the offender participate in a drug treatment program or in         2,028        

alcoholics anonymous, narcotics anonymous, or a similar program    2,029        

if the court determines that an order of that nature is                         

consistent with the purposes and principles of sentencing set      2,030        

forth in section 2929.11 of the Revised Code.  If the court        2,031        

determines that an order of that nature would not be consistent    2,032        

with those purposes and principles or if the offender violated     2,033        

the conditions of a drug treatment program in which the offender   2,034        

participated as a sanction for the offense, the court may impose                

on the offender a sanction authorized for the violation of the     2,035        

sanction, including a prison term.                                 2,036        

      (F)  Notwithstanding divisions (A) to (E) of this section,   2,039        

the court shall impose a prison term or terms under sections       2,040        

2929.02 to 2929.06, section 2929.14, or section 2971.03 of the     2,041        

Revised Code and except as specifically provided in section        2,042        

2929.20 of the Revised Code or when parole is authorized for the   2,043        

offense under section 2967.13 of the Revised Code, shall not       2,044        

reduce the terms pursuant to section 2929.20, section 2967.193,    2,045        

or any other provision of Chapter 2967. or Chapter 5120. of the    2,047        

Revised Code for any of the following offenses:                    2,048        

      (1)  Aggravated murder when death is not imposed or murder;  2,050        

      (2)  Rape or an attempt to commit rape by force when the     2,052        

                                                          47     

                                                                 
victim is under thirteen years of age OR WHEN REQUIRED UNDER       2,053        

DIVISION (B)(2) OF SECTION 2907.02 OF THE REVISED CODE;            2,054        

      (3)  Gross sexual imposition or sexual battery, if the       2,056        

victim is under thirteen years of age, if the offender previously  2,058        

was convicted of or pleaded guilty to rape, felonious sexual       2,059        

penetration, gross sexual imposition, or sexual battery, and if    2,061        

the victim of the previous offense was under thirteen years of                  

age;                                                                            

      (4)  A felony violation of section 2903.06, 2903.07, or      2,064        

2903.08 of the Revised Code if the section requires the                         

imposition of a prison term;                                       2,065        

      (5)  A first, second, or third degree felony drug offense    2,068        

for which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,                  

2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or  2,069        

4729.99 of the Revised Code, whichever is applicable regarding     2,071        

the violation, requires the imposition of a mandatory prison       2,072        

term;                                                                           

      (6)  Any offense that is a first or second degree felony     2,074        

and that is not set forth in division (F)(1), (2), (3), or (4) of  2,076        

this section, if the offender previously was convicted of or                    

pleaded guilty to aggravated murder, murder, any first or second   2,078        

degree felony, or an offense under an existing or former law of    2,079        

this state, another state, or the United States that is or was     2,080        

substantially equivalent to one of those offenses;                              

      (7)  Any offense, other than a violation of section 2923.12  2,082        

of the Revised Code, that is a felony, if the offender had a       2,083        

firearm on or about the offender's person or under the offender's  2,084        

control while committing the felony, with respect to a portion of  2,085        

the sentence imposed pursuant to division (D)(1)(a) of section     2,087        

2929.14 of the Revised Code for having the firearm;                             

      (8)  Corrupt activity in violation of section 2923.32 of     2,089        

the Revised Code when the most serious offense in the pattern of   2,091        

corrupt activity that is the basis of the offense is a felony of   2,092        

the first degree;                                                               

                                                          48     

                                                                 
      (9)  Any sexually violent offense for which the offender     2,094        

also is convicted of or pleads guilty to a sexually violent        2,095        

predator specification that was included in the indictment, count  2,096        

in the indictment, or information charging the sexually violent    2,097        

offense.                                                                        

      (G)  Notwithstanding divisions (A) to (E) of this section,   2,100        

if an offender is being sentenced for a fourth degree felony OMVI  2,101        

offense, the court shall impose upon the offender a mandatory                   

term of local incarceration or a mandatory prison term in          2,102        

accordance with the following:                                     2,103        

      (1)  Except as provided in division (G)(2) of this section,  2,105        

the court shall impose upon the offender a mandatory term of       2,106        

local incarceration of sixty days as specified in division (A)(4)  2,107        

of section 4511.99 of the Revised Code and shall not reduce the    2,108        

term pursuant to section 2929.20, 2967.193, or any other           2,109        

provision of the Revised Code.  The court that imposes a           2,110        

mandatory term of local incarceration under this division shall    2,112        

specify whether the term is to be served in a jail, a              2,113        

community-based correctional facility, a halfway house, or an      2,114        

alternative residential facility, and the offender shall serve     2,115        

the term in the type of facility specified by the court.  The      2,116        

court shall not sentence the offender to a prison term and shall   2,117        

not specify that the offender is to serve the mandatory term of                 

local incarceration in prison.  A mandatory term of local          2,118        

incarceration imposed under division (G)(1) of this section is     2,119        

not subject to extension under section 2967.11 of the Revised      2,120        

Code, to a period of post-release control under section 2967.28    2,121        

of the Revised Code, or to any other Revised Code provision that   2,122        

pertains to a prison term.                                                      

      (2)  If the offender previously has been sentenced to a      2,124        

mandatory term of local incarceration pursuant to division (G)(1)  2,125        

of this section for a fourth degree felony OMVI offense, the       2,126        

court shall impose upon the offender a mandatory prison term of    2,127        

sixty days as specified in division (A)(4) of section 4511.99 of   2,128        

                                                          49     

                                                                 
the Revised Code and shall not reduce the term pursuant to         2,129        

section 2929.20, 2967.193, or any other provision of the Revised                

Code.  In no case shall an offender who once has been sentenced    2,130        

to a mandatory term of local incarceration pursuant to division    2,131        

(G)(1) of this section for a fourth degree felony OMVI offense be  2,132        

sentenced to another mandatory term of local incarceration under   2,133        

that division for a fourth degree felony OMVI offense.  The court  2,134        

shall not sentence the offender to a community control sanction    2,135        

under section 2929.16 or 2929.17 of the Revised Code.  The         2,136        

department of rehabilitation and correction may place an offender               

sentenced to a mandatory prison term under this division in an     2,137        

intensive program prison established pursuant to section 5120.033  2,138        

of the Revised Code if the department gave the sentencing judge    2,139        

prior notice of its intent to place the offender in an intensive   2,140        

program prison established under that section and if the judge     2,141        

did not notify the department that the judge disapproved the       2,142        

placement.                                                                      

      (G)(H)  If an offender is being sentenced for a sexually     2,145        

oriented offense committed on or after the effective date of this  2,146        

amendment, the judge shall require the offender to submit to a                  

DNA specimen collection procedure pursuant to section 2901.07 of   2,147        

the Revised Code if either of the following applies:               2,149        

      (1)  The offense was a sexually violent offense, and the     2,151        

offender also was convicted of or pleaded guilty to a sexually     2,152        

violent predator specification that was included in the            2,153        

indictment, count in the indictment, or information charging the   2,154        

sexually violent offense.                                                       

      (2)  The judge imposing sentence for the sexually oriented   2,156        

offense determines pursuant to division (B) of section 2950.09 of  2,157        

the Revised Code that the offender is a sexual predator.           2,158        

      (H)(I)  If an offender is being sentenced for a sexually     2,161        

oriented offense committed on or after the effective date of this  2,162        

amendment, the judge shall include in the sentence a summary of                 

the offender's duty to register pursuant to section 2950.04 of     2,163        

                                                          50     

                                                                 
the Revised Code, the offender's duty to provide notice of a       2,164        

change in residence address and register the new residence         2,165        

address pursuant to section 2950.05 of the Revised Code, the       2,166        

offender's duty to periodically verify the offender's current                   

residence address pursuant to section 2950.06 of the Revised       2,167        

Code, and the duration of the duties.  The judge shall inform the  2,168        

offender, at the time of sentencing, of those duties and of their  2,169        

duration and, if required under division (A)(2) of section         2,170        

2950.03 of the Revised Code, shall perform the duties specified    2,171        

in that section.                                                   2,172        

      Sec. 2929.14.  (A)  Except as provided in division (C),      2,191        

(D)(2), (D)(3), or (D)(4), or (G) of this section and except in    2,192        

relation to an offense for which a sentence of death or life       2,193        

imprisonment is to be imposed, if the court imposing a sentence    2,194        

upon an offender for a felony elects or is required to impose a    2,195        

prison term on the offender pursuant to this chapter and is not    2,196        

prohibited by division (G)(1) of section 2929.13 of the Revised    2,197        

Code from imposing a prison term on the offender, the court shall               

impose a definite prison term that shall be one of the following:  2,199        

      (1)  For a felony of the first degree, the prison term       2,201        

shall be three, four, five, six, seven, eight, nine, or ten        2,202        

years.                                                             2,203        

      (2)  For a felony of the second degree, the prison term      2,205        

shall be two, three, four, five, six, seven, or eight years.       2,206        

      (3)  For a felony of the third degree, the prison term       2,208        

shall be one, two, three, four, or five years.                     2,209        

      (4)  For a felony of the fourth degree, the prison term      2,211        

shall be six, seven, eight, nine, ten, eleven, twelve, thirteen,   2,212        

fourteen, fifteen, sixteen, seventeen, or eighteen months.         2,213        

      (5)  For a felony of the fifth degree, the prison term       2,215        

shall be six, seven, eight, nine, ten, eleven, or twelve months.   2,217        

      (B)  Except as provided in division (C), (D)(2), (D)(3), or  2,220        

(G) of this section, SECTION 2907.02 OF THE REVISED CODE, or in    2,221        

Chapter 2925. of the Revised Code, if the court imposing a         2,223        

                                                          51     

                                                                 
sentence upon an offender for a felony elects or is required to    2,224        

impose a prison term on the offender and if the offender           2,225        

previously has not served a prison term, the court shall impose    2,226        

the shortest prison term authorized for the offense pursuant to    2,227        

division (A) of this section, unless the court finds on the        2,228        

record that the shortest prison term will demean the seriousness   2,229        

of the offender's conduct or will not adequately protect the       2,230        

public from future crime by the offender or others.                2,231        

      (C)  Except as provided in division (G) of this section or   2,233        

in Chapter 2925. of the Revised Code, the court imposing a         2,234        

sentence upon an offender for a felony may impose the longest      2,235        

prison term authorized for the offense pursuant to division (A)    2,236        

of this section only upon offenders who committed the worst forms  2,237        

of the offense, upon offenders who pose the greatest likelihood    2,238        

of committing future crimes, upon certain major drug offenders     2,239        

under division (D)(3) of this section, and upon certain repeat     2,240        

violent offenders in accordance with division (D)(2) of this       2,242        

section.                                                                        

      (D)(1)(a)(i)  Except as provided in division (D)(1)(b) of    2,244        

this section, if an offender who is convicted of or pleads guilty  2,245        

to a felony also is convicted of or pleads guilty to a             2,246        

specification of the type described in section 2941.144 of the     2,247        

Revised Code that charges the offender with having a firearm that  2,249        

is an automatic firearm or that was equipped with a firearm        2,250        

muffler or silencer on or about the offender's person or under     2,252        

the offender's control while committing the felony, a                           

specification of the type described in section 2941.145 of the     2,253        

Revised Code that charges the offender with having a firearm on    2,254        

or about the offender's person or under the offender's control     2,255        

while committing the offense and displaying the firearm,           2,257        

brandishing the firearm, indicating that the offender possessed    2,258        

the firearm, or using it to facilitate the offense, or a           2,260        

specification of the type described in section 2941.141 of the                  

Revised Code that charges the offender with having a firearm on    2,262        

                                                          52     

                                                                 
or about the offender's person or under the offender's control     2,263        

while committing the felony, the court, after imposing a prison    2,264        

term on the offender for the felony under division (A), (D)(2),    2,266        

or (D)(3) of this section, shall impose an additional prison       2,267        

term, determined pursuant to this division, that shall not be      2,268        

reduced pursuant to section 2929.20, section 2967.193, or any      2,269        

other provision of Chapter 2967. or Chapter 5120. of the Revised   2,270        

Code.  If the specification is of the type described in section    2,272        

2941.144 of the Revised Code, the additional prison term shall be  2,273        

six years.  If the specification is of the type described in       2,275        

section 2941.145 of the Revised Code, the additional prison term   2,277        

shall be three years.  If the specification is of the type         2,278        

described in section 2941.141 of the Revised Code, the additional               

prison term shall be one year.  A court shall not impose more      2,280        

than one additional prison term on an offender under this          2,281        

division for felonies committed as part of the same act or         2,282        

transaction.  If a court imposes an additional prison term under   2,283        

division (D)(1)(a)(ii) of this section, the court is not                        

precluded from imposing an additional prison term under this       2,284        

division.                                                                       

      (ii)  Except as provided in division (D)(1)(b) of this       2,287        

section, if an offender who is convicted of or pleads guilty to a  2,288        

violation of section 2923.161 of the Revised Code or to a felony   2,290        

that includes, as an essential element, purposely or knowingly     2,291        

causing or attempting to cause the death of or physical harm to    2,292        

another, also is convicted of or pleads guilty to a specification  2,293        

of the type described in section 2941.146 of the Revised Code      2,296        

that charges the offender with committing the offense by           2,297        

discharging a firearm from a motor vehicle, as defined in section  2,298        

4501.01 of the Revised Code, other than a manufactured home, as    2,301        

defined in section 4501.01 of the Revised Code, the court, after   2,303        

imposing a prison term on the offender for the violation of        2,304        

section 2923.161 of the Revised Code or for the other felony       2,306        

offense under division (A), (D)(2), or (D)(3) of this section,     2,307        

                                                          53     

                                                                 
shall impose an additional prison term of five years upon the      2,308        

offender that shall not be reduced pursuant to section 2929.20,    2,309        

section 2967.193, or any other provision of Chapter 2967. or       2,310        

Chapter 5120. of the Revised Code.  A court shall not impose more  2,312        

than one additional prison term on an offender under this                       

division for felonies committed as part of the same act or         2,314        

transaction.  If a court imposes an additional prison term on an                

offender under this division relative to an offense, the court     2,315        

also shall impose an additional prison term under division         2,316        

(D)(1)(a)(i) of this section relative to the same offense,         2,317        

provided the criteria specified in that division for imposing an   2,318        

additional prison term are satisfied relative to the offender and  2,319        

the offense.                                                                    

      (b)  The court shall not impose any of the additional        2,321        

prison terms described in division (D)(1)(a) of this section upon  2,324        

an offender for a violation of section 2923.12 of the Revised      2,325        

Code.  The court shall not impose any of the additional prison     2,326        

terms described in that division upon an offender for a violation  2,327        

of section 2923.13 of the Revised Code unless all of the           2,328        

following apply:                                                                

      (i)  The offender previously has been convicted of           2,331        

aggravated murder, murder, or any felony of the first or second    2,332        

degree.                                                                         

      (ii)  Less than five years have passed since the offender    2,335        

was released from prison or post-release control, whichever is     2,336        

later, for the prior offense.                                                   

      (2)(a)  If an offender who is convicted of or pleads guilty  2,339        

to a felony also is convicted of or pleads guilty to a             2,340        

specification of the type described in section 2941.149 of the     2,341        

Revised Code that the offender is a repeat violent offender, the   2,343        

court shall impose a prison term from the range of terms           2,344        

authorized for the offense under division (A) of this section      2,345        

that may be the longest term in the range and that shall not be    2,346        

reduced pursuant to section 2929.20, section 2967.193, or any      2,348        

                                                          54     

                                                                 
other provision of Chapter 2967. or Chapter 5120. of the Revised   2,349        

Code.  If the court finds that the repeat violent offender, in     2,351        

committing the offense, caused any physical harm that carried a    2,352        

substantial risk of death to a person or that involved             2,353        

substantial permanent incapacity or substantial permanent          2,354        

disfigurement of a person, the court shall impose the longest      2,355        

prison term from the range of terms authorized for the offense     2,357        

under division (A) of this section.                                             

      (b)  If the court imposing a prison term on a repeat         2,360        

violent offender imposes the longest prison term from the range    2,361        

of terms authorized for the offense under division (A) of this     2,362        

section, the court may impose on the offender an additional        2,363        

definite prison term of one, two, three, four, five, six, seven,   2,364        

eight, nine, or ten years if the court finds that both of the      2,365        

following apply with respect to the prison terms imposed on the    2,366        

offender pursuant to division (D)(2)(a) of this section and, if    2,367        

applicable, divisions (D)(1) and (3) of this section:              2,368        

      (i)  The terms so imposed are inadequate to punish the       2,371        

offender and protect the public from future crime, because the     2,372        

applicable factors under section 2929.12 of the Revised Code       2,375        

indicating a greater likelihood of recidivism outweigh the         2,377        

applicable factors under that section indicating a lesser                       

likelihood of recidivism.                                          2,378        

      (ii)  The terms so imposed are demeaning to the seriousness  2,381        

of the offense, because one or more of the factors under section   2,382        

2929.12 of the Revised Code indicating that the offender's         2,383        

conduct is more serious than conduct normally constituting the     2,384        

offense are present, and they outweigh the applicable factors      2,385        

under that section indicating that the offender's conduct is less  2,387        

serious than conduct normally constituting the offense.                         

      (3)(a)  Except when an offender commits a violation of       2,390        

section 2903.01 or 2907.02 of the Revised Code and the penalty     2,391        

imposed for the violation is life imprisonment or commits a        2,392        

violation of section 2903.02 of the Revised Code, if the offender  2,393        

                                                          55     

                                                                 
commits a violation of section 2925.03, 2925.04, or 2925.11 of     2,394        

the Revised Code and that section requires the imposition of a     2,396        

ten-year prison term on the offender or if a court imposing a      2,397        

sentence upon an offender for a felony finds that the offender is  2,398        

guilty of a specification of the type described in section         2,399        

2941.1410 of the Revised Code, that the offender is a major drug   2,400        

offender, is guilty of corrupt activity with the most serious      2,401        

offense in the pattern of corrupt activity being a felony of the   2,402        

first degree, or is guilty of an attempted forcible violation of   2,403        

section 2907.02 of the Revised Code with the victim being under    2,404        

thirteen years of age and that attempted violation is the felony   2,405        

for which sentence is being imposed, the court shall impose upon   2,406        

the offender for the felony violation a ten-year prison term that  2,407        

cannot be reduced pursuant to section 2929.20 or Chapter 2967. or  2,409        

5120. of the Revised Code.                                                      

      (b)  The court imposing a prison term on an offender under   2,412        

division (D)(3)(a) of this section may impose an additional        2,413        

prison term of one, two, three, four, five, six, seven, eight,     2,414        

nine, or ten years, if the court, with respect to the term         2,415        

imposed under division (D)(3)(a) of this section and, if           2,416        

applicable, divisions (D)(1) and (2) of this section, makes both   2,418        

of the findings set forth in divisions (D)(2)(b)(i) and (ii) of    2,419        

this section.                                                                   

      (4)  If the offender is being sentenced for a fourth degree  2,421        

felony OMVI offense and if division (G)(2) of section 2929.13 of   2,423        

the Revised Code requires the sentencing court to impose upon the  2,424        

offender a mandatory prison term, the sentencing court shall       2,425        

impose upon the offender a mandatory prison term in accordance     2,426        

with that division.  In addition to the mandatory prison term,                  

the sentencing court may sentence the offender to an additional    2,427        

prison term of any duration specified in division (A)(4) of this   2,428        

section minus the sixty days imposed upon the offender as the      2,429        

mandatory prison term.  The total of the additional prison term    2,430        

imposed under division (D)(4) of this section plus the sixty days  2,431        

                                                          56     

                                                                 
imposed as the mandatory prison term shall equal one of the        2,432        

authorized prison terms specified in division (A)(4) of this                    

section.  If the court imposes an additional prison term under     2,433        

division (D)(4) of this section, the offender shall serve the      2,434        

additional prison term after the offender has served the           2,435        

mandatory prison term required for the offense.  The court shall   2,436        

not sentence the offender to a community control sanction under                 

section 2929.16 or 2929.17 of the Revised Code.                    2,437        

      (E)(1)  If a mandatory prison term is imposed upon an        2,440        

offender pursuant to division (D)(1)(a) of this section for        2,441        

having a firearm on or about the offender's person or under the                 

offender's control while committing a felony or if a mandatory     2,443        

prison term is imposed upon an offender pursuant to division       2,444        

(D)(1)(b) of this section for committing a felony specified in     2,445        

that division by discharging a firearm from a motor vehicle, the   2,446        

offender shall serve the mandatory prison term consecutively to    2,447        

and prior to the prison term imposed for the underlying felony     2,448        

pursuant to division (A), (D)(2), or (D)(3) of this section or     2,449        

any other section of the Revised Code and consecutively to any     2,450        

other prison term or mandatory prison term previously or           2,452        

subsequently imposed upon the offender.                            2,453        

      (2)  If an offender who is an inmate in a jail, prison, or   2,456        

other residential detention facility violates section 2917.02,                  

2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender   2,458        

who is under detention at a detention facility commits a felony                 

violation of section 2923.131 of the Revised Code, or if an        2,459        

offender who is an inmate in a jail, prison, or other residential  2,460        

detention facility or is under detention at a detention facility   2,461        

commits another felony while the offender is an escapee in         2,463        

violation of section 2921.34 of the Revised Code, any prison term  2,465        

imposed upon the offender for one of those violations shall be     2,466        

served by the offender consecutively to the prison term or term                 

of imprisonment the offender was serving when the offender         2,468        

committed that offense and to any other prison term previously or  2,469        

                                                          57     

                                                                 
subsequently imposed upon the offender.  As used in this                        

division, "detention" and "detention facility" have the same       2,470        

meanings as in section 2921.01 of the Revised Code.                2,471        

      (3)  If multiple prison terms are imposed on an offender     2,473        

for convictions of multiple offenses, the court may require the    2,474        

offender to serve the prison terms consecutively if the court      2,475        

finds that the consecutive service is necessary to protect the     2,476        

public from future crime or to punish the offender and that        2,477        

consecutive sentences are not disproportionate to the seriousness  2,478        

of the offender's conduct and to the danger the offender poses to  2,480        

the public, and if the court also finds any of the following:      2,481        

      (a)  The offender committed the multiple offenses while the  2,484        

offender was awaiting trial or sentencing, was under a sanction    2,485        

imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the    2,486        

Revised Code, or was under post-release control for a prior        2,487        

offense.                                                                        

      (b)  The harm caused by the multiple offenses was so great   2,490        

or unusual that no single prison term for any of the offenses      2,491        

committed as part of a single course of conduct adequately         2,492        

reflects the seriousness of the offender's conduct.                             

      (c)  The offender's history of criminal conduct              2,494        

demonstrates that consecutive sentences are necessary to protect   2,495        

the public from future crime by the offender.                      2,496        

      (4)  When consecutive prison terms are imposed pursuant to   2,499        

division (E)(1), (2), or (3) of this section, the term to be       2,500        

served is the aggregate of all of the terms so imposed.                         

      (F)  If a court imposes a prison term of a type described    2,503        

in division (B) of section 2967.28 of the Revised Code, it shall   2,504        

include in the sentence a requirement that the offender be         2,505        

subject to a period of post-release control after the offender's   2,506        

release from imprisonment, in accordance with that division.  If   2,507        

a court imposes a prison term of a type described in division (C)  2,508        

of that section, it shall include in the sentence a requirement    2,509        

that the offender be subject to a period of post-release control   2,510        

                                                          58     

                                                                 
after the offender's release from imprisonment, in accordance      2,511        

with that division, if the parole board determines that a period   2,512        

of post-release control is necessary.                              2,513        

      (G)  If a person is convicted of or pleads guilty to a       2,515        

sexually violent offense and also is convicted of or pleads        2,516        

guilty to a sexually violent predator specification that was       2,517        

included in the indictment, count in the indictment, or            2,518        

information charging that offense, the court shall impose                       

sentence upon the offender in accordance with section 2971.03 of   2,519        

the Revised Code, and Chapter 2971. of the Revised Code applies    2,520        

regarding the prison term or term of life imprisonment without     2,521        

parole imposed upon the offender and the service of that term of   2,522        

imprisonment.                                                                   

      Section 2.  That existing sections 2907.02, 2907.03,         2,524        

2907.04, 2907.05, 2907.06, 2925.03, 2925.11, 2929.13, and 2929.14  2,525        

of the Revised Code are hereby repealed.                           2,526        

      Section 3.  Section 2925.03 of the Revised Code is           2,528        

presented in this act as a composite of the section as amended by  2,529        

both Am. Sub. S.B. 269 and Am. Sub. S.B. 166 of the 121st General  2,530        

Assembly, with the new language of neither of the acts shown in    2,531        

capital letters.  Section 2929.13 of the Revised Code is           2,532        

presented in this act as a composite of the section as amended by  2,534        

Am. Sub. H.B. 445, Am. Sub. S.B. 269, Am. Sub. S.B. 166, and Am.   2,535        

Sub. H.B. 180 of the 121st General Assembly, with the new                       

language of none of the acts shown in capital letters.  Section    2,537        

2929.14 of the Revised Code is presented in this act as a          2,539        

composite of the section as amended by Am. Sub. H.B. 88, Am. Sub.  2,540        

H.B. 445, Sub. H.B. 154, Am. Sub. S.B. 166, Am. Sub. S.B. 269,     2,541        

and Am. Sub. H.B. 180 of the 121st General Assembly, with the new  2,542        

language of none of the acts shown in capital letters.  This is    2,544        

in recognition of the principle stated in division (B) of section  2,546        

1.52 of the Revised Code that such amendments are to be                         

harmonized where not substantively irreconcilable and constitutes  2,548        

a legislative finding that such is the resulting version in        2,549        

                                                          59     

                                                                 
effect prior to the effective date of this act.