As Reported by the House Criminal Justice Committee 1
122nd General Assembly 4
Regular Session H. B. No. 378 5
1997-1998 6
REPRESENTATIVES KASPUTIS-COLONNA-REID-TAYLOR-SCHURING-ROMAN- 8
BATEMAN-O'BRIEN-MOTTLEY-PRINGLE-GARCIA 9
11
A B I L L
To amend sections 2743.51 and 2929.01 of the Revised 12
Code to include terrorism as criminally injurious 13
conduct for purposes of the Crime Victims 14
Reparations Awards Law. 15
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That sections 2743.51 and 2929.01 of the 19
Revised Code be amended to read as follows: 20
Sec. 2743.51. As used in sections 2743.51 to 2743.72 of 29
the Revised Code: 30
(A) "Claimant" means both of the following categories of 32
persons: 33
(1) Any of the following persons who claim an award of 35
reparations under sections 2743.51 to 2743.72 of the Revised 36
Code: 37
(a) A victim who was one of the following at the time of 39
the criminally injurious conduct: 40
(i) A resident of the United States; 42
(ii) A resident of a foreign country the laws of which 44
permit residents of this state to recover compensation as victims 45
of offenses committed in that country. 46
(b) A dependent of a deceased victim who is described in 48
division (A)(1)(a) of this section; 49
(c) A third person, other than a collateral source, who 51
legally assumes or voluntarily pays the obligations of a victim, 52
or of a dependent of a victim, who is described in division 53
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(A)(1)(a) of this section, which obligations are incurred as a 54
result of the criminally injurious conduct that is the subject of 55
the claim and may include, but are not limited to, medical or 56
burial expenses; 57
(d) A person who is authorized to act on behalf of any 59
person who is described in division (A)(1)(a), (b), or (c) of 60
this section. 61
(2) Any of the following persons who claim an award of 63
reparations under sections 2743.51 to 2743.72 of the Revised 64
Code: 65
(a) A victim who had a permanent place of residence within 67
this state at the time of the criminally injurious conduct and 68
who, at the time of the criminally injurious conduct, complied 69
with any one of the following: 70
(i) Had a permanent place of employment in this state; 72
(ii) Was a member of the regular armed forces of the 74
United States or of the United States coast guard or was a 75
full-time member of the Ohio organized militia or of the United 76
States army reserve, naval reserve, or air force reserve; 77
(iii) Was retired and receiving social security or any 79
other retirement income; 80
(iv) Was sixty years of age or older; 82
(v) Was temporarily in another state for the purpose of 84
receiving medical treatment; 85
(vi) Was temporarily in another state for the purpose of 87
performing employment-related duties required by an employer 88
located within this state as an express condition of employment 89
or employee benefits; 90
(vii) Was temporarily in another state for the purpose of 92
receiving occupational, vocational, or other job-related training 93
or instruction required by an employer located within this state 94
as an express condition of employment or employee benefits; 95
(viii) Was a full-time student at an academic institution, 97
college, or university located in another state; 98
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(ix) Had not departed the geographical boundaries of this 100
state for a period exceeding thirty days or with the intention of 101
becoming a citizen of another state or establishing a permanent 102
place of residence in another state. 103
(b) A dependent of a deceased victim who is described in 105
division (A)(2)(a) of this section; 106
(c) A third person, other than a collateral source, who 108
legally assumes or voluntarily pays the obligations of a victim, 109
or of a dependent of a victim, who is described in division 110
(A)(2)(a) of this section, which obligations are incurred as a 111
result of the criminally injurious conduct that is the subject of 112
the claim and may include, but are not limited to, medical or 113
burial expenses; 114
(d) A person who is authorized to act on behalf of any 116
person who is described in division (A)(2)(a), (b), or (c) of 117
this section. 118
(B) "Collateral source" means a source of benefits or 120
advantages for economic loss otherwise reparable that the victim 121
or claimant has received, or that is readily available to the 122
victim or claimant, from any of the following sources: 123
(1) The offender; 125
(2) The government of the United States or any of its 127
agencies, a state or any of its political subdivisions, or an 128
instrumentality of two or more states, unless the law providing 129
for the benefits or advantages makes them excess or secondary to 130
benefits under sections 2743.51 to 2743.72 of the Revised Code; 131
(3) Social security, medicare, and medicaid; 133
(4) State-required, temporary, nonoccupational disability 135
insurance; 136
(5) Workers' compensation; 138
(6) Wage continuation programs of any employer; 140
(7) Proceeds of a contract of insurance payable to the 142
victim for loss that the victim sustained because of the 143
criminally injurious conduct; 145
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(8) A contract providing prepaid hospital and other health 147
care services, or benefits for disability; 148
(9) That portion of the proceeds of all contracts of 150
insurance payable to the claimant on account of the death of the 151
victim that exceeds fifty thousand dollars; 152
(10) Any compensation recovered or recoverable under the 154
laws of another state, district, territory, or foreign country 155
because the victim was the victim of an offense committed in that 156
state, district, territory, or country. 157
"Collateral source" does not include any money, or the 159
monetary value of any property, that is subject to sections 160
2969.01 to 2969.06 of the Revised Code. 161
(C) "Criminally injurious conduct" means either ONE of the 163
following: 164
(1) For the purposes of any person described in division 166
(A)(1) of this section, any conduct that occurs or is attempted 167
in this state; poses a substantial threat of personal injury or 168
death; and is punishable by fine, imprisonment, or death, or 169
would be so punishable but for the fact that the person engaging 170
in the conduct lacked capacity to commit the crime under the laws 171
of this state. Criminally injurious conduct does not include 172
conduct arising out of the ownership, maintenance, or use of a 173
motor vehicle, except when any of the following applies: 174
(a) The person engaging in the conduct intended to cause 176
personal injury or death; 177
(b) The person engaging in the conduct was using the 179
vehicle to flee immediately after committing a felony or an act 180
that would constitute a felony but for the fact that the person 181
engaging in the conduct lacked the capacity to commit the felony 182
under the laws of this state; 183
(c) The person engaging in the conduct was using the 185
vehicle in a manner that constitutes an OMVI violation; 186
(d) The conduct occurred on or after July 25, 1990, and 188
the person engaging in the conduct was using the vehicle in a 189
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manner that constitutes a violation of section 2903.08 of the 190
Revised Code. 191
(2) For the purposes of any person described in division 193
(A)(2) of this section, any conduct that occurs or is attempted 194
in another state, district, territory, or foreign country; poses 195
a substantial threat of personal injury or death; and is 196
punishable by fine, imprisonment, or death, or would be so 197
punishable but for the fact that the person engaging in the 198
conduct lacked capacity to commit the crime under the laws of the 199
state, district, territory, or foreign country in which the 200
conduct occurred or was attempted. Criminally injurious conduct 201
does not include conduct arising out of the ownership, 202
maintenance, or use of a motor vehicle, except when any of the 203
following applies: 204
(a) The person engaging in the conduct intended to cause 206
personal injury or death; 207
(b) The person engaging in the conduct was using the 209
vehicle to flee immediately after committing a felony or an act 210
that would constitute a felony but for the fact that the person 211
engaging in the conduct lacked the capacity to commit the felony 212
under the laws of the state, district, territory, or foreign 213
country in which the conduct occurred or was attempted; 214
(c) The person engaging in the conduct was using the 216
vehicle in a manner that constitutes an OMVI violation; 217
(d) The conduct occurred on or after July 25, 1990, the 219
person engaging in the conduct was using the vehicle in a manner 220
that constitutes a violation of any law of the state, district, 221
territory, or foreign country in which the conduct occurred, and 222
that law is substantially similar to a violation of section 223
2903.08 of the Revised Code. 224
(3) FOR THE PURPOSES OF ANY PERSON DESCRIBED IN DIVISION 227
(A)(1) OR (2) OF THIS SECTION, TERRORISM THAT OCCURS WITHIN OR 228
OUTSIDE THE TERRITORIAL JURISDICTION OF THE UNITED STATES. 230
(D) "Dependent" means an individual wholly or partially 232
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dependent upon the victim for care and support, and includes a 233
child of the victim born after the victim's death. 234
(E) "Economic loss" means economic detriment consisting 236
only of allowable expense, work loss, funeral expense, 237
unemployment benefits loss, and replacement services loss. If 238
criminally injurious conduct causes death, economic loss includes 239
a dependent's economic loss and a dependent's replacement 240
services loss. Noneconomic detriment is not economic loss; 241
however, economic loss may be caused by pain and suffering or 242
physical impairment. 243
(F) "Allowable expense" means reasonable charges incurred 245
for reasonably needed products, services, and accommodations, 246
including those for medical care, rehabilitation, rehabilitative 247
occupational training, and other remedial treatment and care and 248
including replacement costs for eyeglasses and other corrective 249
lenses. It does not include that portion of a charge for a room 250
in a hospital, clinic, convalescent home, nursing home, or any 251
other institution engaged in providing nursing care and related 252
services in excess of a reasonable and customary charge for 253
semiprivate accommodations, unless accommodations other than 254
semiprivate accommodations are medically required. 255
(G) "Work loss" means loss of income from work that the 257
injured person would have performed if the person had not been 259
injured and expenses reasonably incurred by the person to obtain 260
services in lieu of those the person would have performed for 262
income, reduced by any income from substitute work actually 264
performed by the person, or by income the person would have 266
earned in available appropriate substitute work that the person 268
was capable of performing but unreasonably failed to undertake. 270
(H) "Replacement services loss" means expenses reasonably 272
incurred in obtaining ordinary and necessary services in lieu of 273
those the injured person would have performed, not for income, 274
but for the benefit of the person's self or family, if the person 276
had not been injured. 277
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(I) "Dependent's economic loss" means loss after a 279
victim's death of contributions of things of economic value to 280
the victim's dependents, not including services they would have 282
received from the victim if the victim had not suffered the fatal 283
injury, less expenses of the dependents avoided by reason of the 285
victim's death. 286
(J) "Dependent's replacement services loss" means loss 288
reasonably incurred by dependents after a victim's death in 289
obtaining ordinary and necessary services in lieu of those the 290
victim would have performed for their benefit if the victim had 292
not suffered the fatal injury, less expenses of the dependents 293
avoided by reason of the victim's death and not subtracted in 294
calculating the dependent's economic loss. 295
(K) "Noneconomic detriment" means pain, suffering, 297
inconvenience, physical impairment, or other nonpecuniary damage. 298
(L) "Victim" means a person who suffers personal injury or 300
death as a result of any of the following: 301
(1) Criminally injurious conduct; 303
(2) The good faith effort of any person to prevent 305
criminally injurious conduct; 306
(3) The good faith effort of any person to apprehend a 308
person suspected of engaging in criminally injurious conduct. 309
(M) "Contributory misconduct" means any conduct of the 311
claimant or of the victim through whom the claimant claims an 312
award of reparations that is unlawful or intentionally tortious 313
and that, without regard to the conduct's proximity in time or 314
space to the criminally injurious conduct, has a causal 315
relationship to the criminally injurious conduct that is the 316
basis of the claim. 317
(N) "Funeral expense" means any reasonable charges that 319
are not in excess of two thousand five hundred dollars and that 320
are incurred for expenses directly related to the victim's 321
funeral, cremation, or burial. 322
(O) "Unemployment benefits loss" means a loss of 324
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unemployment benefits pursuant to Chapter 4141. of the Revised 325
Code when the loss arises solely from the inability of a victim 326
to meet the able to work, available for suitable work, or the 327
actively seeking suitable work requirements of division (A)(4)(a) 328
of section 4141.29 of the Revised Code. 329
(P) "OMVI violation" means any of the following: 331
(1) A violation of section 4511.19 of the Revised Code, of 333
any municipal ordinance prohibiting the operation of a vehicle 334
while under the influence of alcohol, a drug of abuse, or alcohol 335
and a drug of abuse, or of any municipal ordinance prohibiting 336
the operation of a vehicle with a prohibited concentration of 337
alcohol in the blood, breath, or urine; 338
(2) A violation of section 2903.06 of the Revised Code, if 340
the offender was under the influence of alcohol, a drug of abuse, 341
or alcohol and a drug of abuse, at the time of the commission of 342
the offense; 343
(3) A violation of section 2903.07 of the Revised Code or 345
of a municipal ordinance substantially similar to that section, 346
if the offender was under the influence of alcohol, a drug of 347
abuse, or alcohol and a drug of abuse, at the time of the 348
commission of the offense; 349
(4) For purposes of any person described in division 351
(A)(2) of this section, a violation of any law of the state, 352
district, territory, or foreign country in which the criminally 353
injurious conduct occurred, if that law is substantially similar 354
to a violation described in division (P)(1) of this section or if 355
that law is substantially similar to a violation described in 356
division (P)(2) or (3) of this section and the offender was under 357
the influence of alcohol, a drug of abuse, or alcohol and a drug 358
of abuse, at the time of the commission of the offense. 359
(Q) "Pendency of the claim" for an original reparations 361
application or supplemental reparations application means the 362
period of time from the date the criminally injurious conduct 363
upon which the application is based occurred until the date a 364
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final order from the court of claims concerning that original 365
reparations application or supplemental reparations application 366
is issued.
(R) "TERRORISM" MEANS ANY ACTIVITY TO WHICH ALL OF THE 369
FOLLOWING APPLY:
(1) THE ACTIVITY INVOLVES A VIOLENT ACT OR AN ACT THAT IS 371
DANGEROUS TO HUMAN LIFE. 372
(2) THE ACT DESCRIBED IN DIVISION (R)(1) OF THIS SECTION 375
IS COMMITTED WITHIN THE TERRITORIAL JURISDICTION OF THE UNITED 378
STATES AND IS A VIOLATION OF THE CRIMINAL LAWS OF THE UNITED 380
STATES, THIS STATE, OR ANY OTHER STATE OR THE ACT DESCRIBED IN 381
DIVISION (R)(1) OF THIS SECTION IS COMMITTED OUTSIDE THE 383
TERRITORIAL JURISDICTION OF THE UNITED STATES AND WOULD BE A 385
VIOLATION OF THE CRIMINAL LAWS OF THE UNITED STATES, THIS STATE, 388
OR ANY OTHER STATE IF COMMITTED WITHIN THE TERRITORIAL 389
JURISDICTION OF THE UNITED STATES. 391
(3) THE ACTIVITY APPEARS TO BE INTENDED TO DO ANY OF THE 393
FOLLOWING: 394
(a) INTIMIDATE OR COERCE A CIVILIAN POPULATION; 397
(b) INFLUENCE THE POLICY OF ANY GOVERNMENT BY INTIMIDATION 400
OR COERCION;
(c) AFFECT THE CONDUCT OF ANY GOVERNMENT BY ASSASSINATION 403
OR KIDNAPPING.
(4) THE ACTIVITY OCCURS PRIMARILY OUTSIDE THE TERRITORIAL 405
JURISDICTION OF THE UNITED STATES OR TRANSCENDS THE NATIONAL 408
BOUNDARIES OF THE UNITED STATES IN TERMS OF THE MEANS BY WHICH 411
THE ACTIVITY IS ACCOMPLISHED, THE PERSON OR PERSONS THAT THE 412
ACTIVITY APPEARS INTENDED TO INTIMIDATE OR COERCE, OR THE AREA OR 413
LOCALE IN WHICH THE PERPETRATOR OR PERPETRATORS OF THE ACTIVITY 414
OPERATE OR SEEK ASYLUM.
(S) "TRANSCENDS THE NATIONAL BOUNDARIES OF THE UNITED 419
STATES" MEANS OCCURRING OUTSIDE THE TERRITORIAL JURISDICTION OF 420
THE UNITED STATES IN ADDITION TO OCCURRING WITHIN THE TERRITORIAL 423
JURISDICTION OF THE UNITED STATES. 425
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Sec. 2929.01. As used in this chapter: 440
(A) "Alternative residential facility" means any facility 443
other than an offender's home or residence in which an offender 444
is assigned to live and that provides programs through which the 446
offender may seek or maintain employment or may receive 447
education, training, treatment, or habilitation. "Alternative 448
residential facility" does not include a community-based 449
correctional facility, jail, halfway house, or prison. 450
(B) "Bad time" means the time by which the parole board 452
administratively extends an offender's stated prison term or 453
terms pursuant to section 2967.11 of the Revised Code because the 454
parole board finds by clear and convincing evidence that the 455
offender, while serving the prison term or terms, committed an 456
act that is a criminal offense under the law of this state or the 457
United States, whether or not the offender is prosecuted for the 459
commission of that act.
(C) "Basic supervision" means a requirement that the 462
offender maintain contact with a person appointed to supervise 464
the offender in accordance with sanctions imposed by the court or 465
imposed by the parole board pursuant to section 2967.28 of the 466
Revised Code.
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and 468
"unit dose" have the same meanings as in section 2925.01 of the 469
Revised Code.
(E) "Community-based correctional facility" means a 472
community-based correctional facility and program or district 473
community-based correctional facility and program developed 474
pursuant to sections 2301.51 to 2301.56 of the Revised Code. 475
(F) "Community control sanction" means a sanction that is 478
not a prison term and that is described in section 2929.15, 479
2929.16, 2929.17, or 2929.18 of the Revised Code. 480
(G) "Criminally injurious conduct" means any conduct of 483
the type that is described in division (C)(1) or (2) of section 484
2743.51 of the Revised Code and that occurs on or after July 1, 485
11
1996, OR ANY ACTIVITY THAT IS DESCRIBED IN DIVISIONS (C)(3) AND 486
(R) OF SECTION 2743.51 OF THE REVISED CODE AND THAT OCCURS ON OR 487
AFTER THE EFFECTIVE DATE OF THIS AMENDMENT.
(H) "Controlled substance," "marihuana," "schedule I," and 490
"schedule II" have the same meanings as in section 3719.01 of the 492
Revised Code.
(I) "Curfew" means a requirement that an offender during a 495
specified period of time be at a designated place. 496
(J) "Day reporting" means a sanction pursuant to which an 499
offender is required each day to report to and leave a center or 500
other approved reporting location at specified times in order to 501
participate in work, education or training, treatment, and other 502
approved programs at the center or outside the center. 503
(K) "Deadly weapon" has the same meaning as in section 506
2923.11 of the Revised Code. 507
(L) "Drug and alcohol use monitoring" means a program 510
under which an offender agrees to submit to random chemical 511
analysis of the offender's blood, breath, or urine to determine 512
whether the offender has ingested any alcohol or other drugs. 513
(M) "Drug treatment program" means any program under which 516
a person undergoes assessment and treatment designed to reduce or 518
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under 519
which the person may be required to receive assessment and 521
treatment on an outpatient basis or may be required to reside at 522
a facility other than the person's home or residence while
undergoing assessment and treatment. 523
(N) "Economic loss" means any economic detriment suffered 526
by a victim as a result of criminally injurious conduct and 527
includes any loss of income due to lost time at work because of 528
any injury caused to the victim, and any property loss, medical 529
cost, or funeral expense incurred as a result of the criminally 530
injurious conduct.
(O) "Education or training" includes study at, or in 533
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conjunction with a program offered by, a university, college, or 534
technical college or vocational study and also includes the 535
completion of primary school, secondary school, and literacy 536
curriculums or their equivalent.
(P) "Electronically monitored house arrest" has the same 539
meaning as in section 2929.23 of the Revised Code. 540
(Q) "Eligible offender" has the same meaning as in section 543
2929.23 of the Revised Code except as otherwise specified in 544
section 2929.20 of the Revised Code. 545
(R) "Firearm" has the same meaning as in section 2923.11 548
of the Revised Code.
(S) "Halfway house" means a facility licensed by the 551
division of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the 553
Revised Code as a suitable facility for the care and treatment of 554
adult offenders.
(T) "House arrest" means a period of confinement of an 556
eligible offender that is in the eligible offender's home or in 557
other premises specified by the sentencing court or by the parole 558
board pursuant to section 2967.28 of the Revised Code, that may 559
be electronically monitored house arrest, and during which all of 560
the following apply: 561
(1) The eligible offender is required to remain in the 563
eligible offender's home or other specified premises for the 565
specified period of confinement, except for periods of time 566
during which the eligible offender is at the eligible offender's 567
place of employment or at other premises as authorized by the 569
sentencing court or by the parole board.
(2) The eligible offender is required to report 572
periodically to a person designated by the court or parole board. 573
(3) The eligible offender is subject to any other 575
restrictions and requirements that may be imposed by the 576
sentencing court or by the parole board. 577
(U) "Intensive supervision" means a requirement that an 581
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offender maintain frequent contact with a person appointed by the 582
court, or by the parole board pursuant to section 2967.28 of the 583
Revised Code, to supervise the offender while the offender is 584
seeking or maintaining necessary employment and participating in 585
training, education, and treatment programs as required in the 586
court's or parole board's order.
(V) "Jail" means a jail, workhouse, minimum security jail, 589
or other residential facility used for the confinement of alleged 590
or convicted offenders that is operated by a political 591
subdivision or a combination of political subdivisions of this 592
state.
(W) "Delinquent child" has the same meaning as in section 594
2151.02 of the Revised Code. 595
(X) "License violation report" means a report that is made 598
by a sentencing court, or by the parole board pursuant to section 599
2967.28 of the Revised Code, to the regulatory or licensing board 601
or agency that issued an offender a professional license or a 602
license or permit to do business in this state and that specifies 603
that the offender has been convicted of or pleaded guilty to an 604
offense that may violate the conditions under which the 605
offender's professional license or license or permit to do 606
business in this state was granted or an offense for which the 607
offender's professional license or license or permit to do
business in this state may be revoked or suspended. 608
(Y) "Major drug offender" means an offender who is 611
convicted of or pleads guilty to the possession of, sale of, or 612
offer to sell any drug, compound, mixture, preparation, or 613
substance that consists of or contains at least one thousand 614
grams of hashish; at least one hundred grams of crack cocaine; at 615
least one thousand grams of cocaine that is not crack cocaine; at 616
least two hundred fifty grams of heroin; at least five thousand 617
unit doses of L.S.D.; or at least one hundred times the amount of 619
any other schedule I or II controlled substance other than 620
marihuana that is necessary to commit a felony of the third 621
14
degree pursuant to section 2925.03, 2925.04, 2925.05, 2925.06, or 622
2925.11 of the Revised Code that is based on the possession of, 623
sale of, or offer to sell the controlled substance. 624
(Z) "Mandatory prison term" means either ONE of the 626
following:
(1) Subject to division (CC)(DD)(2) of this section, the 629
term in prison that must be imposed for the offenses or 630
circumstances set forth in divisions (F)(1) to (8)(9) of section 632
2929.13 and division (D) of section 2929.14 of the Revised Code. 634
Except as provided in sections 2925.02, 2925.03, 2925.04, 635
2925.05, and 2925.11 of the Revised Code, unless the maximum or 636
another specific term is required under section 2929.14 of the 637
Revised Code, a mandatory prison term described in this division 638
may be any prison term authorized for the level of offense. 639
(2) The term of sixty days in prison that a sentencing 642
court is required to impose for a fourth degree felony OMVI 643
offense pursuant to division (G)(2) of section 2929.13 and 644
division (A)(4) of section 4511.99 of the Revised Code. 645
(2)(3) The term in prison imposed pursuant to section 647
2971.03 of the Revised Code and that term as modified or 648
terminated pursuant to section 2971.05 of the Revised Code. 649
(AA) "Monitored time" means a period of time during which 652
an offender continues to be under the control of the sentencing 653
court or parole board, subject to no conditions other than 654
leading a law abiding life.
(BB) "Offender" means a person who, in this state, is 657
convicted of or pleads guilty to a felony or a misdemeanor. 658
(CC) "Prison" means a residential facility used for the 661
confinement of convicted felony offenders that is under the 662
control of the department of rehabilitation and correction. 663
(DD) "Prison term" includes any of the following sanctions 666
for an offender:
(1) A stated prison term; 668
(2) A term in a prison shortened by, or with the approval 671
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of, the sentencing court pursuant to section 2929.20, 2967.26, 672
2967.27, 5120.031, 5120.032, or 5120.073 of the Revised Code; 673
(3) A term in prison extended by bad time imposed pursuant 676
to section 2967.11 of the Revised Code or imposed for a violation 677
of post-release control pursuant to section 2967.28 of the 678
Revised Code.
(EE) "Repeat violent offender" means a person about whom 681
both of the following apply:
(1) The person has been convicted of or has pleaded guilty 684
to, and is being sentenced for committing, for complicity in 685
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree 686
other than one set forth in Chapter 2925. of the Revised Code, a 690
felony of the first degree set forth in Chapter 2925. of the 692
Revised Code that involved an attempt to cause serious physical 694
harm to a person or that resulted in serious physical harm to a 695
person, or a felony of the second degree that involved an attempt 696
to cause serious physical harm to a person or that resulted in 698
serious physical harm to a person.
(2) Either of the following applies: 700
(a) The person previously was convicted of or pleaded 702
guilty to, and served a prison term for, any of the following: 703
(i) Aggravated murder, murder, involuntary manslaughter, 705
rape, felonious sexual penetration in violation of former AS IT 706
EXISTED UNDER section 2907.12 of the Revised Code PRIOR TO 707
SEPTEMBER 3, 1996, a felony of the first or second degree that 709
resulted in the death of a person or in physical harm to a 710
person, or complicity in or an attempt to commit any of those 711
offenses;
(ii) An offense under an existing or former law of this 714
state, another state, or the United States that is or was 716
substantially equivalent to an offense listed under division 717
(EE)(2)(a)(i) of this section. 719
(b) The person previously was adjudicated a delinquent 721
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child for committing an act that if committed by an adult would 722
have been an offense listed in division (EE)(2)(a)(i) or (ii) of 724
this section, the person was committed to the department of youth 725
services for that delinquent act, and the juvenile court in which 726
the person was adjudicated a delinquent child made a specific 727
finding that the adjudication should be considered a conviction 729
for purposes of a determination in the future pursuant to this
chapter as to whether the person is a repeat violent offender. 730
(FF) "Sanction" means any penalty imposed upon an offender 733
who is convicted of or pleads guilty to an offense, as punishment 734
for the offense. "Sanction" includes any sanction imposed 735
pursuant to any provision of sections 2929.14 to 2929.18 of the 736
Revised Code.
(GG) "Sentence" means the sanction or combination of 739
sanctions imposed by the sentencing court on an offender who is 740
convicted of or pleads guilty to a felony.
(HH) "Stated prison term" means the prison term, mandatory 743
prison term, or combination of all prison terms and mandatory 744
prison terms imposed by the sentencing court pursuant to section 745
2929.14 or 2971.03 of the Revised Code. "Stated prison term" 746
includes any credit received by the offender for time spent in 747
jail awaiting trial, sentencing, or transfer to prison for the 748
offense, AND any time spent under house arrest or electronically 749
monitored house arrest imposed after earning credits pursuant to 750
section 2967.193 of the Revised Code. 751
(II) "Victim-offender mediation" means a reconciliation or 754
mediation program that involves an offender and the victim of the 755
offense committed by the offender and that includes a meeting in 756
which the offender and the victim may discuss the offense, 757
discuss restitution, and consider other sanctions for the 758
offense.
(OO)(JJ) "Fourth degree felony OMVI offense" means a 761
violation of division (A) of section 4511.19 of the Revised Code 763
that, under section 4511.99 of the Revised Code, is a felony of 765
17
the fourth degree.
(PP)(KK) "Mandatory term of local incarceration" means the 768
term of sixty days in a jail, a community-based correctional 769
facility, a halfway house, or an alternative residential facility 770
that a sentencing court is required to impose upon a person who 771
is convicted of or pleads guilty to a fourth degree felony OMVI 772
offense pursuant to division (G)(1) of section 2929.13 of the 773
Revised Code and division (A)(4) of section 4511.99 of the
Revised Code. 774
(OO)(LL) "Designated homicide, assault, or kidnapping 776
offense," "sexual motivation specification," "sexually violent 777
offense," "sexually violent predator," and "sexually violent 778
predator specification" have the same meanings as in section 779
2971.01 of the Revised Code.
(PP)(MM) "Habitual sex offender," "sexually oriented 781
offense," and "sexual predator" have the same meanings as in 782
section 2950.01 of the Revised Code. 783
Section 2. That existing sections 2743.51 and 2929.01 of 785
the Revised Code are hereby repealed. 786
Section 3. Section 2929.01 of the Revised Code is 788
presented in this act as a composite of the section as amended by 789
Am. Sub. H.B. 180, Am. Sub. H.B. 445, Sub. H.B. 480, Am. Sub. 790
S.B. 166, and Am. Sub. S.B. 269 of the 121st General Assembly, 791
with the new language of none of the acts shown in capital 792
letters. This is in recognition of the principle stated in 793
division (B) of section 1.52 of the Revised Code that such 794
amendments are to be harmonized where not substantively 795
irreconcilable and constitutes a legislative finding that such is 796
the resulting version in effect prior to the effective date of 797
this act.