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
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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
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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.