As Reported by the Senate Judiciary 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            

 MOTTLEY-GRENDELL-CLANCY-PRINGLE-OGG-BOGGS-PADGETT-ROMAN-VERICH-   10           

 LEWIS-MOTTL-MASON-PERZ-HOUSEHOLDER-YOUNG-GERBERRY-WESTON-MYERS-   11           

    KREBS-METELSKY-MILLER-FORD-JONES-THOMAS-MEAD-CORE-HARRIS-      12           

    STAPLETON-O'BRIEN-SALERNO-TAVARES-WOMER BENJAMIN-JOHNSON-      13           

                 SENATORS BLESSING-HOWARD-LATTA                    14           


                                                                   16           

                           A   B I L L                                          

             To amend sections 2907.01, 2907.02, 2907.03,          18           

                2907.05, 2929.13, and 2929.14 of the Revised Code  20           

                to increase criminal penalties for gross sexual    21           

                imposition when the offender administers a                      

                controlled substance to the victim                 22           

                surreptitiously or by force, threat of force, or   23           

                deception; to make sexual battery a third degree                

                felony in all circumstances; to modify the         24           

                definition of sexual conduct; to clarify that a    25           

                court must impose a mandatory prison term upon an  26           

                offender who has been convicted of or pleaded      27           

                guilty to rape; and to require that the mandatory  28           

                prison term for rape when the offender             29           

                administered a controlled substance to the victim  30           

                surreptitiously or by force, threat of force, or                

                deception must be at least five years.             31           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        33           

      Section 1.  That sections 2907.01, 2907.02, 2907.03,         35           

2907.05, 2929.13, and 2929.14 of the Revised Code be amended to    38           

read as follows:                                                                

                                                          2      

                                                                 
      Sec. 2907.01.  As used in sections 2907.01 to 2907.37 of     47           

the Revised Code:                                                  48           

      (A)  "Sexual conduct" means vaginal intercourse between a    50           

male and female; anal intercourse, fellatio, and cunnilingus       52           

between persons regardless of sex; and, WITHOUT PRIVILEGE TO DO    53           

SO, the insertion, however slight, of any part of the body or any  54           

instrument, apparatus, or other object into the vaginal or anal    56           

cavity of another.  Penetration, however slight, is sufficient to  57           

complete vaginal or anal intercourse.                                           

      (B)  "Sexual contact" means any touching of an erogenous     59           

zone of another, including without limitation the thigh,           60           

genitals, buttock, pubic region, or, if the person is a female, a  61           

breast, for the purpose of sexually arousing or gratifying either  62           

person.                                                            63           

      (C)  "Sexual activity" means sexual conduct or sexual        65           

contact, or both.                                                  66           

      (D)  "Prostitute" means a male or female who promiscuously   68           

engages in sexual activity for hire, regardless of whether the     69           

hire is paid to the prostitute or to another.                      70           

      (E)  Any material or performance is "harmful to juveniles,"  72           

if it is offensive to prevailing standards in the adult community  73           

with respect to what is suitable for juveniles, and if any of the  74           

following apply:                                                   75           

      (1)  It tends to appeal to the prurient interest of          77           

juveniles;                                                         78           

      (2)  It contains a display, description, or representation   80           

of sexual activity, masturbation, sexual excitement, or nudity;    81           

      (3)  It contains a display, description, or representation   83           

of bestiality or extreme or bizarre violence, cruelty, or          84           

brutality;                                                         85           

      (4)  It contains a display, description, or representation   87           

of human bodily functions of elimination;                          88           

      (5)  It makes repeated use of foul language;                 90           

      (6)  It contains a display, description, or representation   92           

                                                          3      

                                                                 
in lurid detail of the violent physical torture, dismemberment,    93           

destruction, or death of a human being;                            94           

      (7)  It contains a display, description, or representation   96           

of criminal activity that tends to glorify or glamorize the        97           

activity, and that, with respect to juveniles, has a dominant      98           

tendency to corrupt.                                               99           

      (F)  When considered as a whole, and judged with reference   101          

to ordinary adults or, if it is designed for sexual deviates or    102          

other specially susceptible group, judged with reference to that   103          

group, any material or performance is "obscene" if any of the      104          

following apply:                                                   105          

      (1)  Its dominant appeal is to prurient interest;            107          

      (2)  Its dominant tendency is to arouse lust by displaying   109          

or depicting sexual activity, masturbation, sexual excitement, or  110          

nudity in a way that tends to represent human beings as mere       111          

objects of sexual appetite;                                        112          

      (3)  Its dominant tendency is to arouse lust by displaying   114          

or depicting bestiality or extreme or bizarre violence, cruelty,   115          

or brutality;                                                      116          

      (4)  Its dominant tendency is to appeal to scatological      118          

interest by displaying or depicting human bodily functions of      119          

elimination in a way that inspires disgust or revulsion in         120          

persons with ordinary sensibilities, without serving any genuine   121          

scientific, educational, sociological, moral, or artistic          122          

purpose;                                                           123          

      (5)  It contains a series of displays or descriptions of     125          

sexual activity, masturbation, sexual excitement, nudity,          126          

bestiality, extreme or bizarre violence, cruelty, or brutality,    127          

or human bodily functions of elimination, the cumulative effect    128          

of which is a dominant tendency to appeal to prurient or           129          

scatological interest, when the appeal to such an interest is      130          

primarily for its own sake or for commercial exploitation, rather  131          

than primarily for a genuine scientific, educational,              132          

sociological, moral, or artistic purpose.                          133          

                                                          4      

                                                                 
      (G)  "Sexual excitement" means the condition of human male   135          

or female genitals when in a state of sexual stimulation or        136          

arousal.                                                           137          

      (H)  "Nudity" means the showing, representation, or          139          

depiction of human male or female genitals, pubic area, or         140          

buttocks with less than a full, opaque covering, or of a female    141          

breast with less than a full, opaque covering of any portion       142          

thereof below the top of the nipple, or of covered male genitals   143          

in a discernibly turgid state.                                     144          

      (I)  "Juvenile" means an unmarried person under the age of   146          

eighteen.                                                          147          

      (J)  "Material" means any book, magazine, newspaper,         149          

pamphlet, poster, print, picture, figure, image, description,      150          

motion picture film, phonographic record, or tape, or other        151          

tangible thing capable of arousing interest through sight, sound,  152          

or touch.                                                          153          

      (K)  "Performance" means any motion picture, preview,        155          

trailer, play, show, skit, dance, or other exhibition performed    156          

before an audience.                                                157          

      (L)  "Spouse" means a person married to an offender at the   159          

time of an alleged offense, except that such person shall not be   160          

considered the spouse when any of the following apply:             161          

      (1)  When the parties have entered into a written            163          

separation agreement authorized by section 3103.06 of the Revised  164          

Code;                                                              165          

      (2)  During the pendency of an action between the parties    167          

for annulment, divorce, dissolution of marriage, or legal          168          

separation;                                                        169          

      (3)  In the case of an action for legal separation, after    171          

the effective date of the judgment for legal separation.           172          

      (M)  "Minor" means a person under the age of eighteen.       174          

      Sec. 2907.02.  (A)(1)  No person shall engage in sexual      184          

conduct with another who is not the spouse of the offender or who  185          

is the spouse of the offender but is living separate and apart     186          

                                                          5      

                                                                 
from the offender, when any of the following applies:              187          

      (a)  For the purpose of preventing resistance, the offender  189          

substantially impairs the other person's judgment or control by    190          

administering any drug or, intoxicant, OR CONTROLLED SUBSTANCE to  192          

the other person, surreptitiously or by force, threat of force,    193          

or deception.                                                                   

      (b)  The other person is less than thirteen years of age,    195          

whether or not the offender knows the age of the other person.     196          

      (c)  The other person's ability to resist or consent is      198          

substantially impaired because of a mental or physical condition   199          

or because of advanced age, and the offender knows or has          200          

reasonable cause to believe that the other person's ability to     201          

resist or consent is substantially impaired because of a mental    202          

or physical condition or because of advanced age.                  203          

      (2)  No person shall engage in sexual conduct with another   205          

when the offender purposely compels the other person to submit by  206          

force or threat of force.                                          207          

      (B)(1)  Whoever violates this section is guilty of rape, a   210          

felony of the first degree.  IF THE OFFENDER UNDER DIVISION        212          

(A)(1)(a) OF THIS SECTION SUBSTANTIALLY IMPAIRS THE OTHER          213          

PERSON'S JUDGMENT OR CONTROL BY ADMINISTERING ANY CONTROLLED       214          

SUBSTANCE DESCRIBED IN SECTION 3719.41 OF THE REVISED CODE TO THE  216          

OTHER PERSON SURREPTITIOUSLY OR BY FORCE, THREAT OF FORCE, OR                   

DECEPTION, THE PRISON TERM IMPOSED UPON THE OFFENDER SHALL BE ONE  217          

OF THE PRISON TERMS PRESCRIBED FOR A FELONY OF THE FIRST DEGREE    219          

IN SECTION 2929.14 OF THE REVISED CODE THAT IS NOT LESS THAN FIVE  220          

YEARS.  If the offender under division (A)(1)(b) of this section   222          

purposely compels the victim to submit by force or threat of       224          

force, whoever violates division (A)(1)(b) of this section shall   225          

be imprisoned for life.                                                         

      (C)  A victim need not prove physical resistance to the      227          

offender in prosecutions under this section.                       228          

      (D)  Evidence of specific instances of the victim's sexual   230          

activity, opinion evidence of the victim's sexual activity, and    231          

                                                          6      

                                                                 
reputation evidence of the victim's sexual activity shall not be   232          

admitted under this section unless it involves evidence of the     233          

origin of semen, pregnancy, or disease, or the victim's past       234          

sexual activity with the offender, and only to the extent that     235          

the court finds that the evidence is material to a fact at issue   236          

in the case and that its inflammatory or prejudicial nature does   237          

not outweigh its probative value.                                  238          

      Evidence of specific instances of the defendant's sexual     240          

activity, opinion evidence of the defendant's sexual activity,     241          

and reputation evidence of the defendant's sexual activity shall   242          

not be admitted under this section unless it involves evidence of  243          

the origin of semen, pregnancy, or disease, the defendant's past   244          

sexual activity with the victim, or is admissible against the      245          

defendant under section 2945.59 of the Revised Code, and only to   246          

the extent that the court finds that the evidence is material to   247          

a fact at issue in the case and that its inflammatory or           248          

prejudicial nature does not outweigh its probative value.          249          

      (E)  Prior to taking testimony or receiving evidence of any  251          

sexual activity of the victim or the defendant in a proceeding     252          

under this section, the court shall resolve the admissibility of   253          

the proposed evidence in a hearing in chambers, which shall be     254          

held at or before preliminary hearing and not less than three      255          

days before trial, or for good cause shown during the trial.       256          

      (F)  Upon approval by the court, the victim may be           258          

represented by counsel in any hearing in chambers or other         259          

proceeding to resolve the admissibility of evidence.  If the       260          

victim is indigent or otherwise is unable to obtain the services   261          

of counsel, the court, upon request, may appoint counsel to        262          

represent the victim without cost to the victim.                   263          

      (G)  It is not a defense to a charge under division (A)(2)   265          

of this section that the offender and the victim were married or   266          

were cohabiting at the time of the commission of the offense.      267          

      Sec. 2907.03.  (A)  No person shall engage in sexual         276          

conduct with another, not the spouse of the offender, when any of  277          

                                                          7      

                                                                 
the following apply:                                               278          

      (1)  The offender knowingly coerces the other person to      280          

submit by any means that would prevent resistance by a person of   281          

ordinary resolution.                                               282          

      (2)  The offender knows that the other person's ability to   284          

appraise the nature of or control the other person's own conduct   286          

is substantially impaired.                                                      

      (3)  The offender knows that the other person submits        288          

because the other person is unaware that the act is being          290          

committed.                                                                      

      (4)  The offender knows that the other person submits        292          

because the other person mistakenly identifies the offender as     293          

the other person's spouse.                                         294          

      (5)  The offender is the other person's natural or adoptive  296          

parent, or a stepparent, or guardian, custodian, or person in      297          

loco parentis of the other person.                                 298          

      (6)  The other person is in custody of law or a patient in   300          

a hospital or other institution, and the offender has supervisory  301          

or disciplinary authority over the other person.                   302          

      (7)  The offender is a teacher, administrator, coach, or     304          

other person in authority employed by or serving in a school for   305          

which the state board of education prescribes minimum standards    306          

pursuant to division (D) of section 3301.07 of the Revised Code,   307          

the other person is enrolled in or attends that school, and the    308          

offender is not enrolled in and does not attend that school.       309          

      (8)  The other person is a minor, the offender is a          311          

teacher, administrator, coach, or other person in authority        312          

employed by or serving in an institution of higher education, and  313          

the other person is enrolled in or attends that institution.       314          

      (9)  The other person is a minor, and the offender is the    316          

other person's athletic or other type of coach, is the other       317          

person's instructor, is the leader of a scouting troop of which    318          

the other person is a member, or is a person with temporary or     319          

occasional disciplinary control over the other person.             320          

                                                          8      

                                                                 
      (B)  Whoever violates this section is guilty of sexual       322          

battery.  A violation of division (A)(1), (5), (6), (7), (8), or   324          

(9) of this section is, a felony of the third degree.  A           325          

violation of division (A)(2), (3), or (4) of this section is a                  

felony of the fourth degree.                                       326          

      (C)  As used in this section, "institution of higher         328          

education" means a state institution of higher education defined   329          

in section 3345.011 of the Revised Code, a private nonprofit       331          

college or university located in this state that possesses a       332          

certificate of authorization issued by the Ohio board of regents                

pursuant to Chapter 1713. of the Revised Code, or a school         333          

certified under Chapter 3332. of the Revised Code.                 334          

      Sec. 2907.05.  (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 purposely compels the other person, or     349          

one of the other persons, to submit by force or threat of force.   350          

      (2)  For the purpose of preventing resistance, the offender  352          

substantially impairs the judgment or control of the other person  353          

or of one of the other persons by administering any drug or,       354          

intoxicant, OR CONTROLLED SUBSTANCE to the other person,           355          

surreptitiously or by force, threat of force, or deception.        357          

      (3)  The offender knows that the judgment or control of the  359          

other person or of one of the other persons is substantially       360          

impaired as a result of the influence of any drug or intoxicant    361          

administered to the other person with his THE OTHER PERSON'S       362          

consent for the purpose of any kind of medical or dental           364          

examination, treatment, or surgery.                                365          

      (4)  The other person, or one of the other persons, is less  367          

than thirteen years of age, whether or not the offender knows the  368          

age of that person.                                                369          

      (5)  The ability of the other person to resist or consent    371          

                                                          9      

                                                                 
or the ability of one of the other persons to resist or consent    372          

is substantially impaired because of a mental or physical          373          

condition or because of advanced age, and the offender knows or    374          

has reasonable cause to believe that the ability to resist or      375          

consent of the other person or of one of the other persons is      376          

substantially impaired because of a mental or physical condition   377          

or because of advanced age.                                        378          

      (B)  Whoever violates this section is guilty of gross        380          

sexual imposition.  Violation EXCEPT AS OTHERWISE PROVIDED IN      381          

THIS SECTION, A VIOLATION of division (A)(1), (2), (3), or (5) of  384          

this section is a felony of the fourth degree.  Violation IF THE   385          

OFFENDER UNDER DIVISION (A)(2) OF THIS SECTION SUBSTANTIALLY       387          

IMPAIRS THE JUDGMENT OR CONTROL OF THE OTHER PERSON OR ONE OF THE  388          

OTHER PERSONS BY ADMINISTERING ANY CONTROLLED SUBSTANCE DESCRIBED  389          

IN SECTION 3719.41 OF THE REVISED CODE TO THE PERSON               391          

SURREPTITIOUSLY OR BY FORCE, THREAT OF FORCE, OR DECEPTION, A                   

VIOLATION OF DIVISION (A)(2) OF THIS SECTION IS A FELONY OF THE    394          

THIRD DEGREE.  A VIOLATION of division (A)(4) of this section is   396          

a felony of the third degree.                                      397          

      (C)  A victim need not prove physical resistance to the      399          

offender in prosecutions under this section.                       400          

      (D)  Evidence of specific instances of the victim's sexual   402          

activity, opinion evidence of the victim's sexual activity, and    403          

reputation evidence of the victim's sexual activity shall not be   404          

admitted under this section unless it involves evidence of the     405          

origin of semen, pregnancy, or disease, or the victim's past       406          

sexual activity with the offender, and only to the extent that     407          

the court finds that the evidence is material to a fact at issue   408          

in the case and that its inflammatory or prejudicial nature does   409          

not outweigh its probative value.                                  410          

      Evidence of specific instances of the defendant's sexual     412          

activity, opinion evidence of the defendant's sexual activity,     413          

and reputation evidence of the defendant's sexual activity shall   414          

not be admitted under this section unless it involves evidence of  415          

                                                          10     

                                                                 
the origin of semen, pregnancy, or disease, the defendant's past   416          

sexual activity with the victim, or is admissible against the      417          

defendant under section 2945.59 of the Revised Code, and only to   418          

the extent that the court finds that the evidence is material to   419          

a fact at issue in the case and that its inflammatory or           420          

prejudicial nature does not outweigh its probative value.          421          

      (E)  Prior to taking testimony or receiving evidence of any  423          

sexual activity of the victim or the defendant in a proceeding     424          

under this section, the court shall resolve the admissibility of   425          

the proposed evidence in a hearing in chambers, which shall be     426          

held at or before preliminary hearing and not less than three      427          

days before trial, or for good cause shown during the trial.       428          

      (F)  Upon approval by the court, the victim may be           430          

represented by counsel in any hearing in chambers or other         431          

proceeding to resolve the admissibility of evidence.  If the       432          

victim is indigent or otherwise is unable to obtain the services   433          

of counsel, the court, upon request, may appoint counsel to        434          

represent the victim without cost to the victim.                   435          

      Sec. 2929.13.  (A)  Except as provided in division (E),      450          

(F), or (G) of this section and unless a specific sanction is      451          

required to be imposed or is precluded from being imposed          452          

pursuant to law, a court that imposes a sentence upon an offender  453          

for a felony may impose any sanction or combination of sanctions   454          

on the offender that are provided in sections 2929.14 to 2929.18   455          

of the Revised Code.  The sentence shall not impose an             456          

unnecessary burden on state or local government resources.         457          

      If the offender is eligible to be sentenced to community     459          

control sanctions, the court shall consider the appropriateness    461          

of imposing a financial sanction pursuant to section 2929.18 of    462          

the Revised Code or a sanction of community service pursuant to    464          

section 2929.17 of the Revised Code as the sole sanction for the   465          

offense.  Except as otherwise provided in this division, if the    466          

court is required to impose a mandatory prison term for the        467          

offense for which sentence is being imposed, the court also may    468          

                                                          11     

                                                                 
impose a financial sanction pursuant to section 2929.18 of the     469          

Revised Code but may not impose any additional sanction or         470          

combination of sanctions under section 2929.16 or 2929.17 of the   471          

Revised Code.                                                      472          

      If the offender is being sentenced for a fourth degree       474          

felony OMVI offense, in addition to the mandatory term of local    475          

incarceration or the mandatory prison term required for the        477          

offense by division (G)(1) or (2) of this section, the court       479          

shall impose upon the offender a mandatory fine in accordance                   

with division (B)(3) of section 2929.18 of the Revised Code and    482          

may impose whichever of the following is applicable:                            

      (1)  If division (G)(1) of this section requires that the    484          

offender be sentenced to a mandatory term of local incarceration,  485          

an additional community control sanction or combination of         487          

community control sanctions under section 2929.16 or 2929.17 of    488          

the Revised Code;                                                  489          

      (2)  If division (G)(2) of this section requires that the    491          

offender be sentenced to a mandatory prison term, an additional    492          

prison term as described in division (D)(4) of section 2929.14 of  493          

the Revised Code.                                                               

      (B)(1)  Except as provided in division (B)(2), (E), (F), or  496          

(G) of this section, in sentencing an offender for a felony of     497          

the fourth or fifth degree, the sentencing court shall determine                

whether any of the following apply:                                499          

      (a)  In committing the offense, the offender caused          501          

physical harm to a person.                                         502          

      (b)  In committing the offense, the offender attempted to    505          

cause or made an actual threat of physical harm to a person with   506          

a deadly weapon.                                                                

      (c)  In committing the offense, the offender attempted to    509          

cause or made an actual threat of physical harm to a person, and   510          

the offender previously was convicted of an offense that caused    511          

physical harm to a person.                                                      

      (d)  The offender held a public office or position of trust  514          

                                                          12     

                                                                 
and the offense related to that office or position; the                         

offender's position obliged the offender to prevent the offense    515          

or to bring those committing it to justice; or the offender's      516          

professional reputation or position facilitated the offense or     517          

was likely to influence the future conduct of others.              518          

      (e)  The offender committed the offense for hire or as part  520          

of an organized criminal activity.                                 521          

      (f)  The offense is a sex offense that is a fourth or fifth  524          

degree felony violation of section 2907.03, 2907.04, 2907.05,      525          

2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the  526          

Revised Code.                                                                   

      (g)  The offender previously served a prison term.           528          

      (h)  The offender previously was subject to a community      530          

control sanction, and the offender committed another offense       532          

while under the sanction.                                                       

      (2)(a)  If the court makes a finding described in division   535          

(B)(1)(a), (b), (c), (d), (e), (f), (g), or, (h) of this section   536          

and if the court, after considering the factors set forth in       537          

section 2929.12 of the Revised Code, finds that a prison term is   539          

consistent with the purposes and principles of sentencing set                   

forth in section 2929.11 of the Revised Code and finds that the    541          

offender is not amenable to an available community control         542          

sanction, the court shall impose a prison term upon the offender.  543          

      (b)  Except as provided in division (E), (F), or (G) of      545          

this section, if the court does not make a finding described in    547          

division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this   548          

section and if the court, after considering the factors set forth  549          

in section 2929.12 of the Revised Code, finds that a community     551          

control sanction or combination of community control sanctions is  553          

consistent with the purposes and principles of sentencing set                   

forth in section 2929.11 of the Revised Code, the court shall      556          

impose a community control sanction or combination of community    557          

control sanctions upon the offender.                               558          

      (C)  Except as provided in division (E) or (F) of this       561          

                                                          13     

                                                                 
section, in determining whether to impose a prison term as a       562          

sanction for a felony of the third degree or a felony drug         563          

offense that is a violation of a provision of Chapter 2925. of     565          

the Revised Code and that is specified as being subject to this    568          

division for purposes of sentencing, the sentencing court shall    569          

comply with the purposes and principles of sentencing under        570          

section 2929.11 of the Revised Code and with section 2929.12 of    573          

the Revised Code.                                                               

      (D)  Except as provided in division (E) or (F) of this       576          

section, for a felony of the first or second degree and for a      577          

felony drug offense that is a violation of any provision of        578          

Chapter 2925., 3719., or 4729. of the Revised Code for which a     579          

presumption in favor of a prison term is specified as being        580          

applicable, it is presumed that a prison term is necessary in      581          

order to comply with the purposes and principles of sentencing     582          

under section 2929.11 of the Revised Code.  Notwithstanding the    583          

presumption established under this division, the sentencing court  584          

may impose a community control sanction or a combination of        585          

community control sanctions instead of a prison term on an         586          

offender for a felony of the first or second degree or for a       587          

felony drug offense that is a violation of any provision of        588          

Chapter 2925., 3719., or 4729. of the Revised Code for which a                  

presumption in favor of a prison term is specified as being        589          

applicable if it makes both of the following findings:             591          

      (1)  A community control sanction or a combination of        593          

community control sanctions would adequately punish the offender   595          

and protect the public from future crime, because the applicable   596          

factors under section 2929.12 of the Revised Code indicating a     598          

lesser likelihood of recidivism outweigh the applicable factors    600          

under that section indicating a greater likelihood of recidivism.  602          

      (2)  A community control sanction or a combination of        604          

community control sanctions would not demean the seriousness of    606          

the offense, because one or more factors under section 2929.12 of  607          

the Revised Code that indicate that the offender's conduct was     608          

                                                          14     

                                                                 
less serious than conduct normally constituting the offense are    609          

applicable, and they outweigh the applicable factors under that    610          

section that indicate that the offender's conduct was more         611          

serious than conduct normally constituting the offense.            612          

      (E)(1)  Except as provided in division (F) of this section,  615          

for any drug offense that is a violation of any provision of       616          

Chapter 2925. of the Revised Code and that is a felony of the      617          

third, fourth, or fifth degree, the applicability of a             618          

presumption under division (D) of this section in favor of a       619          

prison term or of division (B) or (C) of this section in           620          

determining whether to impose a prison term for the offense shall  622          

be determined as specified in section 2925.02, 2925.03, 2925.04,   623          

2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or  624          

2925.37 of the Revised Code, whichever is applicable regarding     626          

the violation.                                                                  

      (2)  If an offender who was convicted of or pleaded guilty   628          

to a felony drug offense in violation of a provision of Chapter    629          

2925., 3719., or 4729. of the Revised Code violates the            630          

conditions of a community control sanction imposed for the         631          

offense solely by possession or using a controlled substance and   632          

if the offender has not failed to meet the conditions of any drug  633          

treatment program in which the offender was ordered to                          

participate as a sanction for the offense, the court, as           634          

punishment for the violation of the sanction, shall order that     635          

the offender participate in a drug treatment program or in         636          

alcoholics anonymous, narcotics anonymous, or a similar program    637          

if the court determines that an order of that nature is                         

consistent with the purposes and principles of sentencing set      638          

forth in section 2929.11 of the Revised Code.  If the court        639          

determines that an order of that nature would not be consistent    640          

with those purposes and principles or if the offender violated     641          

the conditions of a drug treatment program in which the offender   642          

participated as a sanction for the offense, the court may impose                

on the offender a sanction authorized for the violation of the     643          

                                                          15     

                                                                 
sanction, including a prison term.                                 644          

      (F)  Notwithstanding divisions (A) to (E) of this section,   647          

the court shall impose a prison term or terms under sections       648          

2929.02 to 2929.06, section 2929.14, or section 2971.03 of the     649          

Revised Code and except as specifically provided in section        650          

2929.20 of the Revised Code or when parole is authorized for the   651          

offense under section 2967.13 of the Revised Code, shall not       652          

reduce the terms pursuant to section 2929.20, section 2967.193,    653          

or any other provision of Chapter 2967. or Chapter 5120. of the    655          

Revised Code for any of the following offenses:                    656          

      (1)  Aggravated murder when death is not imposed or murder;  658          

      (2)  Rape or ANY RAPE, REGARDLESS OF WHETHER FORCE WAS       660          

INVOLVED AND REGARDLESS OF THE AGE OF THE VICTIM, OR an attempt    661          

to commit rape by force when the victim is under thirteen years    664          

of age;                                                                         

      (3)  Gross sexual imposition or sexual battery, if the       666          

victim is under thirteen years of age, if the offender previously  668          

was convicted of or pleaded guilty to rape, THE FORMER OFFENSE OF  669          

felonious sexual penetration, gross sexual imposition, or sexual   670          

battery, and if the victim of the previous offense was under       672          

thirteen years of age;                                                          

      (4)  A felony violation of section 2903.06, 2903.07, or      675          

2903.08 of the Revised Code if the section requires the                         

imposition of a prison term;                                       676          

      (5)  A first, second, or third degree felony drug offense    679          

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  680          

4729.99 of the Revised Code, whichever is applicable regarding     682          

the violation, requires the imposition of a mandatory prison       683          

term;                                                                           

      (6)  Any offense that is a first or second degree felony     685          

and that is not set forth in division (F)(1), (2), (3), or (4) of  687          

this section, if the offender previously was convicted of or                    

pleaded guilty to aggravated murder, murder, any first or second   689          

                                                          16     

                                                                 
degree felony, or an offense under an existing or former law of    690          

this state, another state, or the United States that is or was     691          

substantially equivalent to one of those offenses;                              

      (7)  Any offense, other than a violation of section 2923.12  693          

of the Revised Code, that is a felony, if the offender had a       694          

firearm on or about the offender's person or under the offender's  695          

control while committing the felony, with respect to a portion of  696          

the sentence imposed pursuant to division (D)(1)(a) of section     698          

2929.14 of the Revised Code for having the firearm;                             

      (8)  Corrupt activity in violation of section 2923.32 of     700          

the Revised Code when the most serious offense in the pattern of   702          

corrupt activity that is the basis of the offense is a felony of   703          

the first degree;                                                               

      (9)  Any sexually violent offense for which the offender     705          

also is convicted of or pleads guilty to a sexually violent        706          

predator specification that was included in the indictment, count  707          

in the indictment, or information charging the sexually violent    708          

offense.                                                                        

      (G)  Notwithstanding divisions (A) to (E) of this section,   711          

if an offender is being sentenced for a fourth degree felony OMVI  712          

offense, the court shall impose upon the offender a mandatory                   

term of local incarceration or a mandatory prison term in          713          

accordance with the following:                                     714          

      (1)  Except as provided in division (G)(2) of this section,  716          

the court shall impose upon the offender a mandatory term of       717          

local incarceration of sixty days as specified in division (A)(4)  718          

of section 4511.99 of the Revised Code and shall not reduce the    719          

term pursuant to section 2929.20, 2967.193, or any other           720          

provision of the Revised Code.  The court that imposes a           721          

mandatory term of local incarceration under this division shall    723          

specify whether the term is to be served in a jail, a              724          

community-based correctional facility, a halfway house, or an      725          

alternative residential facility, and the offender shall serve     726          

the term in the type of facility specified by the court.  The      727          

                                                          17     

                                                                 
court shall not sentence the offender to a prison term and shall   728          

not specify that the offender is to serve the mandatory term of                 

local incarceration in prison.  A mandatory term of local          729          

incarceration imposed under division (G)(1) of this section is     730          

not subject to extension under section 2967.11 of the Revised      731          

Code, to a period of post-release control under section 2967.28    732          

of the Revised Code, or to any other Revised Code provision that   733          

pertains to a prison term.                                                      

      (2)  If the offender previously has been sentenced to a      735          

mandatory term of local incarceration pursuant to division (G)(1)  736          

of this section for a fourth degree felony OMVI offense, the       737          

court shall impose upon the offender a mandatory prison term of    738          

sixty days as specified in division (A)(4) of section 4511.99 of   739          

the Revised Code and shall not reduce the term pursuant to         740          

section 2929.20, 2967.193, or any other provision of the Revised                

Code.  In no case shall an offender who once has been sentenced    741          

to a mandatory term of local incarceration pursuant to division    742          

(G)(1) of this section for a fourth degree felony OMVI offense be  743          

sentenced to another mandatory term of local incarceration under   744          

that division for a fourth degree felony OMVI offense.  The court  745          

shall not sentence the offender to a community control sanction    746          

under section 2929.16 or 2929.17 of the Revised Code.  The         747          

department of rehabilitation and correction may place an offender               

sentenced to a mandatory prison term under this division in an     748          

intensive program prison established pursuant to section 5120.033  749          

of the Revised Code if the department gave the sentencing judge    750          

prior notice of its intent to place the offender in an intensive   751          

program prison established under that section and if the judge     752          

did not notify the department that the judge disapproved the       753          

placement.                                                                      

      (G)(H)  If an offender is being sentenced for a sexually     756          

oriented offense committed on or after the effective date of this  757          

amendment, the judge shall require the offender to submit to a                  

DNA specimen collection procedure pursuant to section 2901.07 of   758          

                                                          18     

                                                                 
the Revised Code if either of the following applies:               760          

      (1)  The offense was a sexually violent offense, and the     762          

offender also was convicted of or pleaded guilty to a sexually     763          

violent predator specification that was included in the            764          

indictment, count in the indictment, or information charging the   765          

sexually violent offense.                                                       

      (2)  The judge imposing sentence for the sexually oriented   767          

offense determines pursuant to division (B) of section 2950.09 of  768          

the Revised Code that the offender is a sexual predator.           769          

      (H)(I)  If an offender is being sentenced for a sexually     772          

oriented offense committed on or after the effective date of this  773          

amendment, the judge shall include in the sentence a summary of                 

the offender's duty to register pursuant to section 2950.04 of     774          

the Revised Code, the offender's duty to provide notice of a       775          

change in residence address and register the new residence         776          

address pursuant to section 2950.05 of the Revised Code, the       777          

offender's duty to periodically verify the offender's current                   

residence address pursuant to section 2950.06 of the Revised       778          

Code, and the duration of the duties.  The judge shall inform the  779          

offender, at the time of sentencing, of those duties and of their  780          

duration and, if required under division (A)(2) of section         781          

2950.03 of the Revised Code, shall perform the duties specified    782          

in that section.                                                   783          

      Sec. 2929.14.  (A)  Except as provided in division (C),      793          

(D)(2), (D)(3), (D)(4), or (G) of this section and except in       794          

relation to an offense for which a sentence of death or life       795          

imprisonment is to be imposed, if the court imposing a sentence    796          

upon an offender for a felony elects or is required to impose a    797          

prison term on the offender pursuant to this chapter and is not    798          

prohibited by division (G)(1) of section 2929.13 of the Revised    799          

Code from imposing a prison term on the offender, the court shall               

impose a definite prison term that shall be one of the following:  801          

      (1)  For a felony of the first degree, the prison term       803          

shall be three, four, five, six, seven, eight, nine, or ten        804          

                                                          19     

                                                                 
years.                                                             805          

      (2)  For a felony of the second degree, the prison term      807          

shall be two, three, four, five, six, seven, or eight years.       808          

      (3)  For a felony of the third degree, the prison term       810          

shall be one, two, three, four, or five years.                     811          

      (4)  For a felony of the fourth degree, the prison term      813          

shall be six, seven, eight, nine, ten, eleven, twelve, thirteen,   814          

fourteen, fifteen, sixteen, seventeen, or eighteen months.         815          

      (5)  For a felony of the fifth degree, the prison term       817          

shall be six, seven, eight, nine, ten, eleven, or twelve months.   819          

      (B)  Except as provided in division (C), (D)(2), (D)(3), or  822          

(G) of this section, IN SECTION 2907.02 OF THE REVISED CODE, or    823          

in Chapter 2925. of the Revised Code, if the court imposing a      825          

sentence upon an offender for a felony elects or is required to    826          

impose a prison term on the offender and if the offender           827          

previously has not served a prison term, the court shall impose    828          

the shortest prison term authorized for the offense pursuant to    829          

division (A) of this section, unless the court finds on the        830          

record that the shortest prison term will demean the seriousness   831          

of the offender's conduct or will not adequately protect the       832          

public from future crime by the offender or others.                833          

      (C)  Except as provided in division (G) of this section or   835          

in Chapter 2925. of the Revised Code, the court imposing a         836          

sentence upon an offender for a felony may impose the longest      837          

prison term authorized for the offense pursuant to division (A)    838          

of this section only upon offenders who committed the worst forms  839          

of the offense, upon offenders who pose the greatest likelihood    840          

of committing future crimes, upon certain major drug offenders     841          

under division (D)(3) of this section, and upon certain repeat     842          

violent offenders in accordance with division (D)(2) of this       844          

section.                                                                        

      (D)(1)(a)(i)  Except as provided in division (D)(1)(b) of    846          

this section, if an offender who is convicted of or pleads guilty  847          

to a felony also is convicted of or pleads guilty to a             848          

                                                          20     

                                                                 
specification of the type described in section 2941.144 of the     849          

Revised Code that charges the offender with having a firearm that  851          

is an automatic firearm or that was equipped with a firearm        852          

muffler or silencer on or about the offender's person or under     854          

the offender's control while committing the felony, a                           

specification of the type described in section 2941.145 of the     855          

Revised Code that charges the offender with having a firearm on    856          

or about the offender's person or under the offender's control     857          

while committing the offense and displaying the firearm,           859          

brandishing the firearm, indicating that the offender possessed    860          

the firearm, or using it to facilitate the offense, or a           862          

specification of the type described in section 2941.141 of the                  

Revised Code that charges the offender with having a firearm on    864          

or about the offender's person or under the offender's control     865          

while committing the felony, the court, after imposing a prison    866          

term on the offender for the felony under division (A), (D)(2),    868          

or (D)(3) of this section, shall impose an additional prison       869          

term, determined pursuant to this division, that shall not be      870          

reduced pursuant to section 2929.20, section 2967.193, or any      871          

other provision of Chapter 2967. or Chapter 5120. of the Revised   872          

Code.  If the specification is of the type described in section    874          

2941.144 of the Revised Code, the additional prison term shall be  875          

six years.  If the specification is of the type described in       877          

section 2941.145 of the Revised Code, the additional prison term   879          

shall be three years.  If the specification is of the type         880          

described in section 2941.141 of the Revised Code, the additional               

prison term shall be one year.  A court shall not impose more      882          

than one additional prison term on an offender under this          883          

division for felonies committed as part of the same act or         884          

transaction.  If a court imposes an additional prison term under   885          

division (D)(1)(a)(ii) of this section, the court is not                        

precluded from imposing an additional prison term under this       886          

division.                                                                       

      (ii)  Except as provided in division (D)(1)(b) of this       889          

                                                          21     

                                                                 
section, if an offender who is convicted of or pleads guilty to a  890          

violation of section 2923.161 of the Revised Code or to a felony   892          

that includes, as an essential element, purposely or knowingly     893          

causing or attempting to cause the death of or physical harm to    894          

another, also is convicted of or pleads guilty to a specification  895          

of the type described in section 2941.146 of the Revised Code      898          

that charges the offender with committing the offense by           899          

discharging a firearm from a motor vehicle, as defined in section  900          

4501.01 of the Revised Code, other than a manufactured home, as    903          

defined in section 4501.01 of the Revised Code, the court, after   905          

imposing a prison term on the offender for the violation of        906          

section 2923.161 of the Revised Code or for the other felony       908          

offense under division (A), (D)(2), or (D)(3) of this section,     909          

shall impose an additional prison term of five years upon the      910          

offender that shall not be reduced pursuant to section 2929.20,    911          

section 2967.193, or any other provision of Chapter 2967. or       912          

Chapter 5120. of the Revised Code.  A court shall not impose more  914          

than one additional prison term on an offender under this                       

division for felonies committed as part of the same act or         916          

transaction.  If a court imposes an additional prison term on an                

offender under this division relative to an offense, the court     917          

also shall impose an additional prison term under division         918          

(D)(1)(a)(i) of this section relative to the same offense,         919          

provided the criteria specified in that division for imposing an   920          

additional prison term are satisfied relative to the offender and  921          

the offense.                                                                    

      (b)  The court shall not impose any of the additional        923          

prison terms described in division (D)(1)(a) of this section upon  926          

an offender for a violation of section 2923.12 of the Revised      927          

Code.  The court shall not impose any of the additional prison     928          

terms described in that division upon an offender for a violation  929          

of section 2923.13 of the Revised Code unless all of the           930          

following apply:                                                                

      (i)  The offender previously has been convicted of           933          

                                                          22     

                                                                 
aggravated murder, murder, or any felony of the first or second    934          

degree.                                                                         

      (ii)  Less than five years have passed since the offender    937          

was released from prison or post-release control, whichever is     938          

later, for the prior offense.                                                   

      (2)(a)  If an offender who is convicted of or pleads guilty  941          

to a felony also is convicted of or pleads guilty to a             942          

specification of the type described in section 2941.149 of the     943          

Revised Code that the offender is a repeat violent offender, the   945          

court shall impose a prison term from the range of terms           946          

authorized for the offense under division (A) of this section      947          

that may be the longest term in the range and that shall not be    948          

reduced pursuant to section 2929.20, section 2967.193, or any      950          

other provision of Chapter 2967. or Chapter 5120. of the Revised   951          

Code.  If the court finds that the repeat violent offender, in     953          

committing the offense, caused any physical harm that carried a    954          

substantial risk of death to a person or that involved             955          

substantial permanent incapacity or substantial permanent          956          

disfigurement of a person, the court shall impose the longest      957          

prison term from the range of terms authorized for the offense     959          

under division (A) of this section.                                             

      (b)  If the court imposing a prison term on a repeat         962          

violent offender imposes the longest prison term from the range    963          

of terms authorized for the offense under division (A) of this     964          

section, the court may impose on the offender an additional        965          

definite prison term of one, two, three, four, five, six, seven,   966          

eight, nine, or ten years if the court finds that both of the      967          

following apply with respect to the prison terms imposed on the    968          

offender pursuant to division (D)(2)(a) of this section and, if    969          

applicable, divisions (D)(1) and (3) of this section:              970          

      (i)  The terms so imposed are inadequate to punish the       973          

offender and protect the public from future crime, because the     974          

applicable factors under section 2929.12 of the Revised Code       977          

indicating a greater likelihood of recidivism outweigh the         979          

                                                          23     

                                                                 
applicable factors under that section indicating a lesser                       

likelihood of recidivism.                                          980          

      (ii)  The terms so imposed are demeaning to the seriousness  983          

of the offense, because one or more of the factors under section   984          

2929.12 of the Revised Code indicating that the offender's         985          

conduct is more serious than conduct normally constituting the     986          

offense are present, and they outweigh the applicable factors      987          

under that section indicating that the offender's conduct is less  989          

serious than conduct normally constituting the offense.                         

      (3)(a)  Except when an offender commits a violation of       992          

section 2903.01 or 2907.02 of the Revised Code and the penalty     993          

imposed for the violation is life imprisonment or commits a        994          

violation of section 2903.02 of the Revised Code, if the offender  995          

commits a violation of section 2925.03, 2925.04, or 2925.11 of     996          

the Revised Code and that section requires the imposition of a     998          

ten-year prison term on the offender or if a court imposing a      999          

sentence upon an offender for a felony finds that the offender is  1,000        

guilty of a specification of the type described in section         1,001        

2941.1410 of the Revised Code, that the offender is a major drug   1,002        

offender, is guilty of corrupt activity with the most serious      1,003        

offense in the pattern of corrupt activity being a felony of the   1,004        

first degree, or is guilty of an attempted forcible violation of   1,005        

section 2907.02 of the Revised Code with the victim being under    1,006        

thirteen years of age and that attempted violation is the felony   1,007        

for which sentence is being imposed, the court shall impose upon   1,008        

the offender for the felony violation a ten-year prison term that  1,009        

cannot be reduced pursuant to section 2929.20 or Chapter 2967. or  1,011        

5120. of the Revised Code.                                                      

      (b)  The court imposing a prison term on an offender under   1,014        

division (D)(3)(a) of this section may impose an additional        1,015        

prison term of one, two, three, four, five, six, seven, eight,     1,016        

nine, or ten years, if the court, with respect to the term         1,017        

imposed under division (D)(3)(a) of this section and, if           1,018        

applicable, divisions (D)(1) and (2) of this section, makes both   1,020        

                                                          24     

                                                                 
of the findings set forth in divisions (D)(2)(b)(i) and (ii) of    1,021        

this section.                                                                   

      (4)  If the offender is being sentenced for a fourth degree  1,023        

felony OMVI offense and if division (G)(2) of section 2929.13 of   1,025        

the Revised Code requires the sentencing court to impose upon the  1,026        

offender a mandatory prison term, the sentencing court shall       1,027        

impose upon the offender a mandatory prison term in accordance     1,028        

with that division.  In addition to the mandatory prison term,                  

the sentencing court may sentence the offender to an additional    1,029        

prison term of any duration specified in division (A)(4) of this   1,030        

section minus the sixty days imposed upon the offender as the      1,031        

mandatory prison term.  The total of the additional prison term    1,032        

imposed under division (D)(4) of this section plus the sixty days  1,033        

imposed as the mandatory prison term shall equal one of the        1,034        

authorized prison terms specified in division (A)(4) of this                    

section.  If the court imposes an additional prison term under     1,035        

division (D)(4) of this section, the offender shall serve the      1,036        

additional prison term after the offender has served the           1,037        

mandatory prison term required for the offense.  The court shall   1,038        

not sentence the offender to a community control sanction under                 

section 2929.16 or 2929.17 of the Revised Code.                    1,039        

      (E)(1)  If a mandatory prison term is imposed upon an        1,042        

offender pursuant to division (D)(1)(a) of this section for        1,043        

having a firearm on or about the offender's person or under the                 

offender's control while committing a felony or if a mandatory     1,045        

prison term is imposed upon an offender pursuant to division       1,046        

(D)(1)(b) of this section for committing a felony specified in     1,047        

that division by discharging a firearm from a motor vehicle, the   1,048        

offender shall serve the mandatory prison term consecutively to    1,049        

and prior to the prison term imposed for the underlying felony     1,050        

pursuant to division (A), (D)(2), or (D)(3) of this section or     1,051        

any other section of the Revised Code and consecutively to any     1,052        

other prison term or mandatory prison term previously or           1,054        

subsequently imposed upon the offender.                            1,055        

                                                          25     

                                                                 
      (2)  If an offender who is an inmate in a jail, prison, or   1,058        

other residential detention facility violates section 2917.02,                  

2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender   1,060        

who is under detention at a detention facility commits a felony                 

violation of section 2923.131 of the Revised Code, or if an        1,061        

offender who is an inmate in a jail, prison, or other residential  1,062        

detention facility or is under detention at a detention facility   1,063        

commits another felony while the offender is an escapee in         1,065        

violation of section 2921.34 of the Revised Code, any prison term  1,067        

imposed upon the offender for one of those violations shall be     1,068        

served by the offender consecutively to the prison term or term                 

of imprisonment the offender was serving when the offender         1,070        

committed that offense and to any other prison term previously or  1,071        

subsequently imposed upon the offender.  As used in this                        

division, "detention" and "detention facility" have the same       1,072        

meanings as in section 2921.01 of the Revised Code.                1,073        

      (3)  If a prison term is imposed for a violation of          1,075        

division (B) of section 2911.01 of the Revised Code, the offender  1,077        

shall serve that prison term consecutively to any other prison     1,078        

term.                                                                           

      (4)  If multiple prison terms are imposed on an offender     1,080        

for convictions of multiple offenses, the court may require the    1,081        

offender to serve the prison terms consecutively if the court      1,082        

finds that the consecutive service is necessary to protect the     1,083        

public from future crime or to punish the offender and that        1,084        

consecutive sentences are not disproportionate to the seriousness  1,085        

of the offender's conduct and to the danger the offender poses to  1,087        

the public, and if the court also finds any of the following:      1,088        

      (a)  The offender committed the multiple offenses while the  1,091        

offender was awaiting trial or sentencing, was under a sanction    1,092        

imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the    1,093        

Revised Code, or was under post-release control for a prior        1,094        

offense.                                                                        

      (b)  The harm caused by the multiple offenses was so great   1,097        

                                                          26     

                                                                 
or unusual that no single prison term for any of the offenses      1,098        

committed as part of a single course of conduct adequately         1,099        

reflects the seriousness of the offender's conduct.                             

      (c)  The offender's history of criminal conduct              1,101        

demonstrates that consecutive sentences are necessary to protect   1,102        

the public from future crime by the offender.                      1,103        

      (5)  When consecutive prison terms are imposed pursuant to   1,106        

division (E)(1), (2), (3), or (4) of this section, the term to be  1,107        

served is the aggregate of all of the terms so imposed.            1,108        

      (F)  If a court imposes a prison term of a type described    1,111        

in division (B) of section 2967.28 of the Revised Code, it shall   1,112        

include in the sentence a requirement that the offender be         1,113        

subject to a period of post-release control after the offender's   1,114        

release from imprisonment, in accordance with that division.  If   1,115        

a court imposes a prison term of a type described in division (C)  1,116        

of that section, it shall include in the sentence a requirement    1,117        

that the offender be subject to a period of post-release control   1,118        

after the offender's release from imprisonment, in accordance      1,119        

with that division, if the parole board determines that a period   1,120        

of post-release control is necessary.                              1,121        

      (G)  If a person is convicted of or pleads guilty to a       1,123        

sexually violent offense and also is convicted of or pleads        1,124        

guilty to a sexually violent predator specification that was       1,125        

included in the indictment, count in the indictment, or            1,126        

information charging that offense, the court shall impose                       

sentence upon the offender in accordance with section 2971.03 of   1,127        

the Revised Code, and Chapter 2971. of the Revised Code applies    1,128        

regarding the prison term or term of life imprisonment without     1,129        

parole imposed upon the offender and the service of that term of   1,130        

imprisonment.                                                                   

      Section 2.  That existing sections 2907.01, 2907.02,         1,133        

2907.03, 2907.05, 2929.13, and 2929.14 of the Revised Code are     1,135        

hereby repealed.                                                                

      Section 3.  Section 2929.13 of the Revised Code is           1,137        

                                                          27     

                                                                 
presented in this act as a composite of the section as amended by  1,139        

Am. Sub. H.B. 180, Am. Sub. H.B. 445, Am. Sub. S.B. 166, and Am.   1,140        

Sub. S.B. 269 of the 121st General Assembly, with the new                       

language of none of the acts shown in capital letters.  This is    1,142        

in recognition of the principle stated in division (B) of section  1,143        

1.52 of the Revised Code that such amendments are to be                         

harmonized where not substantively irreconcilable and constitutes  1,145        

a legislative finding that such is the resulting version in        1,146        

effect prior to the effective date of this act.