As Passed by the House 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-SULZER-THOMAS- 9
LEWIS-LUCAS-MOTTL-FORD-VESPER-JONES-HARRIS-HAINES-PATTON 10
12
A B I L L
To amend sections 2743.51 and 2929.01 of the Revised 13
Code to include terrorism as criminally injurious 14
conduct for purposes of the Crime Victims 15
Reparations Awards Law. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 2743.51 and 2929.01 of the 20
Revised Code be amended to read as follows: 21
Sec. 2743.51. As used in sections 2743.51 to 2743.72 of 30
the Revised Code: 31
(A) "Claimant" means both of the following categories of 33
persons: 34
(1) Any of the following persons who claim an award of 36
reparations under sections 2743.51 to 2743.72 of the Revised 37
Code: 38
(a) A victim who was one of the following at the time of 40
the criminally injurious conduct: 41
(i) A resident of the United States; 43
(ii) A resident of a foreign country the laws of which 45
permit residents of this state to recover compensation as victims 46
of offenses committed in that country. 47
(b) A dependent of a deceased victim who is described in 49
division (A)(1)(a) of this section; 50
(c) A third person, other than a collateral source, who 52
legally assumes or voluntarily pays the obligations of a victim, 53
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or of a dependent of a victim, who is described in division 54
(A)(1)(a) of this section, which obligations are incurred as a 55
result of the criminally injurious conduct that is the subject of 56
the claim and may include, but are not limited to, medical or 57
burial expenses; 58
(d) A person who is authorized to act on behalf of any 60
person who is described in division (A)(1)(a), (b), or (c) of 61
this section. 62
(2) Any of the following persons who claim an award of 64
reparations under sections 2743.51 to 2743.72 of the Revised 65
Code: 66
(a) A victim who had a permanent place of residence within 68
this state at the time of the criminally injurious conduct and 69
who, at the time of the criminally injurious conduct, complied 70
with any one of the following: 71
(i) Had a permanent place of employment in this state; 73
(ii) Was a member of the regular armed forces of the 75
United States or of the United States coast guard or was a 76
full-time member of the Ohio organized militia or of the United 77
States army reserve, naval reserve, or air force reserve; 78
(iii) Was retired and receiving social security or any 80
other retirement income; 81
(iv) Was sixty years of age or older; 83
(v) Was temporarily in another state for the purpose of 85
receiving medical treatment; 86
(vi) Was temporarily in another state for the purpose of 88
performing employment-related duties required by an employer 89
located within this state as an express condition of employment 90
or employee benefits; 91
(vii) Was temporarily in another state for the purpose of 93
receiving occupational, vocational, or other job-related training 94
or instruction required by an employer located within this state 95
as an express condition of employment or employee benefits; 96
(viii) Was a full-time student at an academic institution, 98
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college, or university located in another state; 99
(ix) Had not departed the geographical boundaries of this 101
state for a period exceeding thirty days or with the intention of 102
becoming a citizen of another state or establishing a permanent 103
place of residence in another state. 104
(b) A dependent of a deceased victim who is described in 106
division (A)(2)(a) of this section; 107
(c) A third person, other than a collateral source, who 109
legally assumes or voluntarily pays the obligations of a victim, 110
or of a dependent of a victim, who is described in division 111
(A)(2)(a) of this section, which obligations are incurred as a 112
result of the criminally injurious conduct that is the subject of 113
the claim and may include, but are not limited to, medical or 114
burial expenses; 115
(d) A person who is authorized to act on behalf of any 117
person who is described in division (A)(2)(a), (b), or (c) of 118
this section. 119
(B) "Collateral source" means a source of benefits or 121
advantages for economic loss otherwise reparable that the victim 122
or claimant has received, or that is readily available to the 123
victim or claimant, from any of the following sources: 124
(1) The offender; 126
(2) The government of the United States or any of its 128
agencies, a state or any of its political subdivisions, or an 129
instrumentality of two or more states, unless the law providing 130
for the benefits or advantages makes them excess or secondary to 131
benefits under sections 2743.51 to 2743.72 of the Revised Code; 132
(3) Social security, medicare, and medicaid; 134
(4) State-required, temporary, nonoccupational disability 136
insurance; 137
(5) Workers' compensation; 139
(6) Wage continuation programs of any employer; 141
(7) Proceeds of a contract of insurance payable to the 143
victim for loss that the victim sustained because of the 144
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criminally injurious conduct; 146
(8) A contract providing prepaid hospital and other health 148
care services, or benefits for disability; 149
(9) That portion of the proceeds of all contracts of 151
insurance payable to the claimant on account of the death of the 152
victim that exceeds fifty thousand dollars; 153
(10) Any compensation recovered or recoverable under the 155
laws of another state, district, territory, or foreign country 156
because the victim was the victim of an offense committed in that 157
state, district, territory, or country. 158
"Collateral source" does not include any money, or the 160
monetary value of any property, that is subject to sections 161
2969.01 to 2969.06 of the Revised Code. 162
(C) "Criminally injurious conduct" means either ONE of the 164
following: 165
(1) For the purposes of any person described in division 167
(A)(1) of this section, any conduct that occurs or is attempted 168
in this state; poses a substantial threat of personal injury or 169
death; and is punishable by fine, imprisonment, or death, or 170
would be so punishable but for the fact that the person engaging 171
in the conduct lacked capacity to commit the crime under the laws 172
of this state. Criminally injurious conduct does not include 173
conduct arising out of the ownership, maintenance, or use of a 174
motor vehicle, except when any of the following applies: 175
(a) The person engaging in the conduct intended to cause 177
personal injury or death; 178
(b) The person engaging in the conduct was using the 180
vehicle to flee immediately after committing a felony or an act 181
that would constitute a felony but for the fact that the person 182
engaging in the conduct lacked the capacity to commit the felony 183
under the laws of this state; 184
(c) The person engaging in the conduct was using the 186
vehicle in a manner that constitutes an OMVI violation; 187
(d) The conduct occurred on or after July 25, 1990, and 189
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the person engaging in the conduct was using the vehicle in a 190
manner that constitutes a violation of section 2903.08 of the 191
Revised Code. 192
(2) For the purposes of any person described in division 194
(A)(2) of this section, any conduct that occurs or is attempted 195
in another state, district, territory, or foreign country; poses 196
a substantial threat of personal injury or death; and is 197
punishable by fine, imprisonment, or death, or would be so 198
punishable but for the fact that the person engaging in the 199
conduct lacked capacity to commit the crime under the laws of the 200
state, district, territory, or foreign country in which the 201
conduct occurred or was attempted. Criminally injurious conduct 202
does not include conduct arising out of the ownership, 203
maintenance, or use of a motor vehicle, except when any of the 204
following applies: 205
(a) The person engaging in the conduct intended to cause 207
personal injury or death; 208
(b) The person engaging in the conduct was using the 210
vehicle to flee immediately after committing a felony or an act 211
that would constitute a felony but for the fact that the person 212
engaging in the conduct lacked the capacity to commit the felony 213
under the laws of the state, district, territory, or foreign 214
country in which the conduct occurred or was attempted; 215
(c) The person engaging in the conduct was using the 217
vehicle in a manner that constitutes an OMVI violation; 218
(d) The conduct occurred on or after July 25, 1990, the 220
person engaging in the conduct was using the vehicle in a manner 221
that constitutes a violation of any law of the state, district, 222
territory, or foreign country in which the conduct occurred, and 223
that law is substantially similar to a violation of section 224
2903.08 of the Revised Code. 225
(3) FOR THE PURPOSES OF ANY PERSON DESCRIBED IN DIVISION 228
(A)(1) OR (2) OF THIS SECTION, TERRORISM THAT OCCURS WITHIN OR 229
OUTSIDE THE TERRITORIAL JURISDICTION OF THE UNITED STATES. 231
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(D) "Dependent" means an individual wholly or partially 233
dependent upon the victim for care and support, and includes a 234
child of the victim born after the victim's death. 235
(E) "Economic loss" means economic detriment consisting 237
only of allowable expense, work loss, funeral expense, 238
unemployment benefits loss, and replacement services loss. If 239
criminally injurious conduct causes death, economic loss includes 240
a dependent's economic loss and a dependent's replacement 241
services loss. Noneconomic detriment is not economic loss; 242
however, economic loss may be caused by pain and suffering or 243
physical impairment. 244
(F) "Allowable expense" means reasonable charges incurred 246
for reasonably needed products, services, and accommodations, 247
including those for medical care, rehabilitation, rehabilitative 248
occupational training, and other remedial treatment and care and 249
including replacement costs for eyeglasses and other corrective 250
lenses. It does not include that portion of a charge for a room 251
in a hospital, clinic, convalescent home, nursing home, or any 252
other institution engaged in providing nursing care and related 253
services in excess of a reasonable and customary charge for 254
semiprivate accommodations, unless accommodations other than 255
semiprivate accommodations are medically required. 256
(G) "Work loss" means loss of income from work that the 258
injured person would have performed if the person had not been 260
injured and expenses reasonably incurred by the person to obtain 261
services in lieu of those the person would have performed for 263
income, reduced by any income from substitute work actually 265
performed by the person, or by income the person would have 267
earned in available appropriate substitute work that the person 269
was capable of performing but unreasonably failed to undertake. 271
(H) "Replacement services loss" means expenses reasonably 273
incurred in obtaining ordinary and necessary services in lieu of 274
those the injured person would have performed, not for income, 275
but for the benefit of the person's self or family, if the person 277
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had not been injured. 278
(I) "Dependent's economic loss" means loss after a 280
victim's death of contributions of things of economic value to 281
the victim's dependents, not including services they would have 283
received from the victim if the victim had not suffered the fatal 284
injury, less expenses of the dependents avoided by reason of the 286
victim's death. 287
(J) "Dependent's replacement services loss" means loss 289
reasonably incurred by dependents after a victim's death in 290
obtaining ordinary and necessary services in lieu of those the 291
victim would have performed for their benefit if the victim had 293
not suffered the fatal injury, less expenses of the dependents 294
avoided by reason of the victim's death and not subtracted in 295
calculating the dependent's economic loss. 296
(K) "Noneconomic detriment" means pain, suffering, 298
inconvenience, physical impairment, or other nonpecuniary damage. 299
(L) "Victim" means a person who suffers personal injury or 301
death as a result of any of the following: 302
(1) Criminally injurious conduct; 304
(2) The good faith effort of any person to prevent 306
criminally injurious conduct; 307
(3) The good faith effort of any person to apprehend a 309
person suspected of engaging in criminally injurious conduct. 310
(M) "Contributory misconduct" means any conduct of the 312
claimant or of the victim through whom the claimant claims an 313
award of reparations that is unlawful or intentionally tortious 314
and that, without regard to the conduct's proximity in time or 315
space to the criminally injurious conduct, has a causal 316
relationship to the criminally injurious conduct that is the 317
basis of the claim. 318
(N) "Funeral expense" means any reasonable charges that 320
are not in excess of two thousand five hundred dollars and that 321
are incurred for expenses directly related to the victim's 322
funeral, cremation, or burial. 323
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(O) "Unemployment benefits loss" means a loss of 325
unemployment benefits pursuant to Chapter 4141. of the Revised 326
Code when the loss arises solely from the inability of a victim 327
to meet the able to work, available for suitable work, or the 328
actively seeking suitable work requirements of division (A)(4)(a) 329
of section 4141.29 of the Revised Code. 330
(P) "OMVI violation" means any of the following: 332
(1) A violation of section 4511.19 of the Revised Code, of 334
any municipal ordinance prohibiting the operation of a vehicle 335
while under the influence of alcohol, a drug of abuse, or alcohol 336
and a drug of abuse, or of any municipal ordinance prohibiting 337
the operation of a vehicle with a prohibited concentration of 338
alcohol in the blood, breath, or urine; 339
(2) A violation of section 2903.06 of the Revised Code, if 341
the offender was under the influence of alcohol, a drug of abuse, 342
or alcohol and a drug of abuse, at the time of the commission of 343
the offense; 344
(3) A violation of section 2903.07 of the Revised Code or 346
of a municipal ordinance substantially similar to that section, 347
if the offender was under the influence of alcohol, a drug of 348
abuse, or alcohol and a drug of abuse, at the time of the 349
commission of the offense; 350
(4) For purposes of any person described in division 352
(A)(2) of this section, a violation of any law of the state, 353
district, territory, or foreign country in which the criminally 354
injurious conduct occurred, if that law is substantially similar 355
to a violation described in division (P)(1) of this section or if 356
that law is substantially similar to a violation described in 357
division (P)(2) or (3) of this section and the offender was under 358
the influence of alcohol, a drug of abuse, or alcohol and a drug 359
of abuse, at the time of the commission of the offense. 360
(Q) "Pendency of the claim" for an original reparations 362
application or supplemental reparations application means the 363
period of time from the date the criminally injurious conduct 364
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upon which the application is based occurred until the date a 365
final order from the court of claims concerning that original 366
reparations application or supplemental reparations application 367
is issued.
(R) "TERRORISM" MEANS ANY ACTIVITY TO WHICH ALL OF THE 370
FOLLOWING APPLY:
(1) THE ACTIVITY INVOLVES A VIOLENT ACT OR AN ACT THAT IS 372
DANGEROUS TO HUMAN LIFE. 373
(2) THE ACT DESCRIBED IN DIVISION (R)(1) OF THIS SECTION 376
IS COMMITTED WITHIN THE TERRITORIAL JURISDICTION OF THE UNITED 379
STATES AND IS A VIOLATION OF THE CRIMINAL LAWS OF THE UNITED 381
STATES, THIS STATE, OR ANY OTHER STATE OR THE ACT DESCRIBED IN 382
DIVISION (R)(1) OF THIS SECTION IS COMMITTED OUTSIDE THE 384
TERRITORIAL JURISDICTION OF THE UNITED STATES AND WOULD BE A 386
VIOLATION OF THE CRIMINAL LAWS OF THE UNITED STATES, THIS STATE, 389
OR ANY OTHER STATE IF COMMITTED WITHIN THE TERRITORIAL 390
JURISDICTION OF THE UNITED STATES. 392
(3) THE ACTIVITY APPEARS TO BE INTENDED TO DO ANY OF THE 394
FOLLOWING: 395
(a) INTIMIDATE OR COERCE A CIVILIAN POPULATION; 398
(b) INFLUENCE THE POLICY OF ANY GOVERNMENT BY INTIMIDATION 401
OR COERCION;
(c) AFFECT THE CONDUCT OF ANY GOVERNMENT BY ASSASSINATION 404
OR KIDNAPPING.
(4) THE ACTIVITY OCCURS PRIMARILY OUTSIDE THE TERRITORIAL 406
JURISDICTION OF THE UNITED STATES OR TRANSCENDS THE NATIONAL 409
BOUNDARIES OF THE UNITED STATES IN TERMS OF THE MEANS BY WHICH 412
THE ACTIVITY IS ACCOMPLISHED, THE PERSON OR PERSONS THAT THE 413
ACTIVITY APPEARS INTENDED TO INTIMIDATE OR COERCE, OR THE AREA OR 414
LOCALE IN WHICH THE PERPETRATOR OR PERPETRATORS OF THE ACTIVITY 415
OPERATE OR SEEK ASYLUM.
(S) "TRANSCENDS THE NATIONAL BOUNDARIES OF THE UNITED 420
STATES" MEANS OCCURRING OUTSIDE THE TERRITORIAL JURISDICTION OF 421
THE UNITED STATES IN ADDITION TO OCCURRING WITHIN THE TERRITORIAL 424
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JURISDICTION OF THE UNITED STATES. 426
Sec. 2929.01. As used in this chapter: 441
(A) "Alternative residential facility" means any facility 444
other than an offender's home or residence in which an offender 445
is assigned to live and that provides programs through which the 447
offender may seek or maintain employment or may receive 448
education, training, treatment, or habilitation. "Alternative 449
residential facility" does not include a community-based 450
correctional facility, jail, halfway house, or prison. 451
(B) "Bad time" means the time by which the parole board 453
administratively extends an offender's stated prison term or 454
terms pursuant to section 2967.11 of the Revised Code because the 455
parole board finds by clear and convincing evidence that the 456
offender, while serving the prison term or terms, committed an 457
act that is a criminal offense under the law of this state or the 458
United States, whether or not the offender is prosecuted for the 460
commission of that act.
(C) "Basic supervision" means a requirement that the 463
offender maintain contact with a person appointed to supervise 465
the offender in accordance with sanctions imposed by the court or 466
imposed by the parole board pursuant to section 2967.28 of the 467
Revised Code.
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and 469
"unit dose" have the same meanings as in section 2925.01 of the 470
Revised Code.
(E) "Community-based correctional facility" means a 473
community-based correctional facility and program or district 474
community-based correctional facility and program developed 475
pursuant to sections 2301.51 to 2301.56 of the Revised Code. 476
(F) "Community control sanction" means a sanction that is 479
not a prison term and that is described in section 2929.15, 480
2929.16, 2929.17, or 2929.18 of the Revised Code. 481
(G) "Criminally injurious conduct" means any conduct of 484
the type that is described in division (C)(1) or (2) of section 485
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2743.51 of the Revised Code and that occurs on or after July 1, 486
1996, OR ANY ACTIVITY THAT IS DESCRIBED IN DIVISIONS (C)(3) AND 487
(R) OF SECTION 2743.51 OF THE REVISED CODE AND THAT OCCURS ON OR 488
AFTER THE EFFECTIVE DATE OF THIS AMENDMENT.
(H) "Controlled substance," "marihuana," "schedule I," and 491
"schedule II" have the same meanings as in section 3719.01 of the 493
Revised Code.
(I) "Curfew" means a requirement that an offender during a 496
specified period of time be at a designated place. 497
(J) "Day reporting" means a sanction pursuant to which an 500
offender is required each day to report to and leave a center or 501
other approved reporting location at specified times in order to 502
participate in work, education or training, treatment, and other 503
approved programs at the center or outside the center. 504
(K) "Deadly weapon" has the same meaning as in section 507
2923.11 of the Revised Code. 508
(L) "Drug and alcohol use monitoring" means a program 511
under which an offender agrees to submit to random chemical 512
analysis of the offender's blood, breath, or urine to determine 513
whether the offender has ingested any alcohol or other drugs. 514
(M) "Drug treatment program" means any program under which 517
a person undergoes assessment and treatment designed to reduce or 519
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under 520
which the person may be required to receive assessment and 522
treatment on an outpatient basis or may be required to reside at 523
a facility other than the person's home or residence while
undergoing assessment and treatment. 524
(N) "Economic loss" means any economic detriment suffered 527
by a victim as a result of criminally injurious conduct and 528
includes any loss of income due to lost time at work because of 529
any injury caused to the victim, and any property loss, medical 530
cost, or funeral expense incurred as a result of the criminally 531
injurious conduct.
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(O) "Education or training" includes study at, or in 534
conjunction with a program offered by, a university, college, or 535
technical college or vocational study and also includes the 536
completion of primary school, secondary school, and literacy 537
curriculums or their equivalent.
(P) "Electronically monitored house arrest" has the same 540
meaning as in section 2929.23 of the Revised Code. 541
(Q) "Eligible offender" has the same meaning as in section 544
2929.23 of the Revised Code except as otherwise specified in 545
section 2929.20 of the Revised Code. 546
(R) "Firearm" has the same meaning as in section 2923.11 549
of the Revised Code.
(S) "Halfway house" means a facility licensed by the 552
division of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the 554
Revised Code as a suitable facility for the care and treatment of 555
adult offenders.
(T) "House arrest" means a period of confinement of an 557
eligible offender that is in the eligible offender's home or in 558
other premises specified by the sentencing court or by the parole 559
board pursuant to section 2967.28 of the Revised Code, that may 560
be electronically monitored house arrest, and during which all of 561
the following apply: 562
(1) The eligible offender is required to remain in the 564
eligible offender's home or other specified premises for the 566
specified period of confinement, except for periods of time 567
during which the eligible offender is at the eligible offender's 568
place of employment or at other premises as authorized by the 570
sentencing court or by the parole board.
(2) The eligible offender is required to report 573
periodically to a person designated by the court or parole board. 574
(3) The eligible offender is subject to any other 576
restrictions and requirements that may be imposed by the 577
sentencing court or by the parole board. 578
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(U) "Intensive supervision" means a requirement that an 582
offender maintain frequent contact with a person appointed by the 583
court, or by the parole board pursuant to section 2967.28 of the 584
Revised Code, to supervise the offender while the offender is 585
seeking or maintaining necessary employment and participating in 586
training, education, and treatment programs as required in the 587
court's or parole board's order.
(V) "Jail" means a jail, workhouse, minimum security jail, 590
or other residential facility used for the confinement of alleged 591
or convicted offenders that is operated by a political 592
subdivision or a combination of political subdivisions of this 593
state.
(W) "Delinquent child" has the same meaning as in section 595
2151.02 of the Revised Code. 596
(X) "License violation report" means a report that is made 599
by a sentencing court, or by the parole board pursuant to section 600
2967.28 of the Revised Code, to the regulatory or licensing board 602
or agency that issued an offender a professional license or a 603
license or permit to do business in this state and that specifies 604
that the offender has been convicted of or pleaded guilty to an 605
offense that may violate the conditions under which the 606
offender's professional license or license or permit to do 607
business in this state was granted or an offense for which the 608
offender's professional license or license or permit to do
business in this state may be revoked or suspended. 609
(Y) "Major drug offender" means an offender who is 612
convicted of or pleads guilty to the possession of, sale of, or 613
offer to sell any drug, compound, mixture, preparation, or 614
substance that consists of or contains at least one thousand 615
grams of hashish; at least one hundred grams of crack cocaine; at 616
least one thousand grams of cocaine that is not crack cocaine; at 617
least two hundred fifty grams of heroin; at least five thousand 618
unit doses of L.S.D.; or at least one hundred times the amount of 620
any other schedule I or II controlled substance other than 621
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marihuana that is necessary to commit a felony of the third 622
degree pursuant to section 2925.03, 2925.04, 2925.05, 2925.06, or 623
2925.11 of the Revised Code that is based on the possession of, 624
sale of, or offer to sell the controlled substance. 625
(Z) "Mandatory prison term" means either ONE of the 627
following:
(1) Subject to division (CC)(DD)(2) of this section, the 630
term in prison that must be imposed for the offenses or 631
circumstances set forth in divisions (F)(1) to (8)(9) of section 633
2929.13 and division (D) of section 2929.14 of the Revised Code. 635
Except as provided in sections 2925.02, 2925.03, 2925.04, 636
2925.05, and 2925.11 of the Revised Code, unless the maximum or 637
another specific term is required under section 2929.14 of the 638
Revised Code, a mandatory prison term described in this division 639
may be any prison term authorized for the level of offense. 640
(2) The term of sixty days in prison that a sentencing 643
court is required to impose for a fourth degree felony OMVI 644
offense pursuant to division (G)(2) of section 2929.13 and 645
division (A)(4) of section 4511.99 of the Revised Code. 646
(2)(3) The term in prison imposed pursuant to section 648
2971.03 of the Revised Code and that term as modified or 649
terminated pursuant to section 2971.05 of the Revised Code. 650
(AA) "Monitored time" means a period of time during which 653
an offender continues to be under the control of the sentencing 654
court or parole board, subject to no conditions other than 655
leading a law abiding life.
(BB) "Offender" means a person who, in this state, is 658
convicted of or pleads guilty to a felony or a misdemeanor. 659
(CC) "Prison" means a residential facility used for the 662
confinement of convicted felony offenders that is under the 663
control of the department of rehabilitation and correction. 664
(DD) "Prison term" includes any of the following sanctions 667
for an offender:
(1) A stated prison term; 669
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(2) A term in a prison shortened by, or with the approval 672
of, the sentencing court pursuant to section 2929.20, 2967.26, 673
2967.27, 5120.031, 5120.032, or 5120.073 of the Revised Code; 674
(3) A term in prison extended by bad time imposed pursuant 677
to section 2967.11 of the Revised Code or imposed for a violation 678
of post-release control pursuant to section 2967.28 of the 679
Revised Code.
(EE) "Repeat violent offender" means a person about whom 682
both of the following apply:
(1) The person has been convicted of or has pleaded guilty 685
to, and is being sentenced for committing, for complicity in 686
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree 687
other than one set forth in Chapter 2925. of the Revised Code, a 691
felony of the first degree set forth in Chapter 2925. of the 693
Revised Code that involved an attempt to cause serious physical 695
harm to a person or that resulted in serious physical harm to a 696
person, or a felony of the second degree that involved an attempt 697
to cause serious physical harm to a person or that resulted in 699
serious physical harm to a person.
(2) Either of the following applies: 701
(a) The person previously was convicted of or pleaded 703
guilty to, and served a prison term for, any of the following: 704
(i) Aggravated murder, murder, involuntary manslaughter, 706
rape, felonious sexual penetration in violation of former AS IT 707
EXISTED UNDER section 2907.12 of the Revised Code PRIOR TO 708
SEPTEMBER 3, 1996, a felony of the first or second degree that 710
resulted in the death of a person or in physical harm to a 711
person, or complicity in or an attempt to commit any of those 712
offenses;
(ii) An offense under an existing or former law of this 715
state, another state, or the United States that is or was 717
substantially equivalent to an offense listed under division 718
(EE)(2)(a)(i) of this section. 720
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(b) The person previously was adjudicated a delinquent 722
child for committing an act that if committed by an adult would 723
have been an offense listed in division (EE)(2)(a)(i) or (ii) of 725
this section, the person was committed to the department of youth 726
services for that delinquent act, and the juvenile court in which 727
the person was adjudicated a delinquent child made a specific 728
finding that the adjudication should be considered a conviction 730
for purposes of a determination in the future pursuant to this
chapter as to whether the person is a repeat violent offender. 731
(FF) "Sanction" means any penalty imposed upon an offender 734
who is convicted of or pleads guilty to an offense, as punishment 735
for the offense. "Sanction" includes any sanction imposed 736
pursuant to any provision of sections 2929.14 to 2929.18 of the 737
Revised Code.
(GG) "Sentence" means the sanction or combination of 740
sanctions imposed by the sentencing court on an offender who is 741
convicted of or pleads guilty to a felony.
(HH) "Stated prison term" means the prison term, mandatory 744
prison term, or combination of all prison terms and mandatory 745
prison terms imposed by the sentencing court pursuant to section 746
2929.14 or 2971.03 of the Revised Code. "Stated prison term" 747
includes any credit received by the offender for time spent in 748
jail awaiting trial, sentencing, or transfer to prison for the 749
offense, AND any time spent under house arrest or electronically 750
monitored house arrest imposed after earning credits pursuant to 751
section 2967.193 of the Revised Code. 752
(II) "Victim-offender mediation" means a reconciliation or 755
mediation program that involves an offender and the victim of the 756
offense committed by the offender and that includes a meeting in 757
which the offender and the victim may discuss the offense, 758
discuss restitution, and consider other sanctions for the 759
offense.
(OO)(JJ) "Fourth degree felony OMVI offense" means a 762
violation of division (A) of section 4511.19 of the Revised Code 764
17
that, under section 4511.99 of the Revised Code, is a felony of 766
the fourth degree.
(PP)(KK) "Mandatory term of local incarceration" means the 769
term of sixty days in a jail, a community-based correctional 770
facility, a halfway house, or an alternative residential facility 771
that a sentencing court is required to impose upon a person who 772
is convicted of or pleads guilty to a fourth degree felony OMVI 773
offense pursuant to division (G)(1) of section 2929.13 of the 774
Revised Code and division (A)(4) of section 4511.99 of the
Revised Code. 775
(OO)(LL) "Designated homicide, assault, or kidnapping 777
offense," "sexual motivation specification," "sexually violent 778
offense," "sexually violent predator," and "sexually violent 779
predator specification" have the same meanings as in section 780
2971.01 of the Revised Code.
(PP)(MM) "Habitual sex offender," "sexually oriented 782
offense," and "sexual predator" have the same meanings as in 783
section 2950.01 of the Revised Code. 784
Section 2. That existing sections 2743.51 and 2929.01 of 786
the Revised Code are hereby repealed. 787
Section 3. Section 2929.01 of the Revised Code is 789
presented in this act as a composite of the section as amended by 790
Am. Sub. H.B. 180, Am. Sub. H.B. 445, Sub. H.B. 480, Am. Sub. 791
S.B. 166, and Am. Sub. S.B. 269 of the 121st General Assembly, 792
with the new language of none of the acts shown in capital 793
letters. This is in recognition of the principle stated in 794
division (B) of section 1.52 of the Revised Code that such 795
amendments are to be harmonized where not substantively 796
irreconcilable and constitutes a legislative finding that such is 797
the resulting version in effect prior to the effective date of 798
this act.