As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 29 5
1999-2000 6
REPRESENTATIVES GRENDELL-PRINGLE-CLANCY-SCHULER-JERSE- 8
TAYLOR-MOTTLEY-WILLAMOWSKI-WOMER BENJAMIN-DAMSCHRODER- 9
TERWILLEGER-PADGETT-AUSTRIA-ALLEN-DISTEL-KRUPINSKI-DePIERO- 10
HOOPS-METELSKY-EVANS-FLANNERY-HARTNETT-MAIER-SALERNO-FORD- 11
THOMAS-BENDER-BUEHRER-SENATORS BLESSING-LATTA- 12
SPADA-WATTS-SCHAFRATH-LATELL-MUMPER 13
_________________________________________________________________ 15
A B I L L
To amend sections 2921.331 and 2929.14 of the 16
Revised Code to increase the penalty for "failure 18
to comply with an order or signal of a police
officer" regarding the dangerous operation of a 20
motor vehicle. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 2921.331 and 2929.14 of the 25
Revised Code be amended to read as follows: 26
Sec. 2921.331. (A) No person shall fail to comply with 35
any lawful order or direction of any police officer invested with 36
authority to direct, control, or regulate traffic. 37
(B) No person shall operate a motor vehicle so as 39
willfully to elude or flee a police officer after receiving a 40
visible or audible signal from a police officer to bring his THE 41
PERSON'S motor vehicle to a stop. 42
(C)(1) Whoever violates this section is guilty of failure 44
to comply with an order or signal of a police officer. A 45
(2) A violation of division (A) of this section is a 48
misdemeanor of the first degree. A 49
(3) EXCEPT AS PROVIDED IN DIVISIONS (C)(4) AND (5) OF THIS 52
SECTION, A violation of division (B) of this section is a
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misdemeanor of the first degree, except that a. 53
(4) EXCEPT AS PROVIDED IN DIVISION (C)(5) OF THIS SECTION, 55
A violation of division (B) of this section is a felony of the 57
fourth degree if the jury or judge as trier of fact finds any one 58
of the following by proof beyond a reasonable doubt: 59
(1) In THAT, IN committing the offense, the offender was 61
fleeing immediately after the commission of a felony; 63
(2). 65
(5)(a) A VIOLATION OF DIVISION (B) OF THIS SECTION IS A 67
FELONY OF THE THIRD DEGREE IF THE JURY OR JUDGE AS TRIER OF FACT 68
FINDS ANY OF THE FOLLOWING BY PROOF BEYOND A REASONABLE DOUBT: 69
(i) The operation of the motor vehicle by the offender was 72
a proximate cause of serious physical harm to persons or 74
property;
(3). 76
(ii) The operation of the motor vehicle by the offender 78
caused a substantial risk of serious physical harm to persons or 79
property. 80
(b) IF A POLICE OFFICER PURSUES AN OFFENDER WHO IS 82
VIOLATING DIVISION (B) OF THIS SECTION AND DIVISION (C)(5)(a) OF 85
THIS SECTION APPLIES, THE SENTENCING COURT, IN DETERMINING THE 86
SERIOUSNESS OF AN OFFENDER'S CONDUCT FOR PURPOSES OF SENTENCING 87
THE OFFENDER FOR A VIOLATION OF DIVISION (B) OF THIS SECTION, 88
SHALL CONSIDER, ALONG WITH THE FACTORS SET FORTH IN SECTIONS 89
2929.12 AND 2929.13 OF THE REVISED CODE THAT ARE REQUIRED TO BE 91
CONSIDERED, ALL OF THE FOLLOWING: 92
(i) THE DURATION OF THE PURSUIT; 95
(ii) THE DISTANCE OF THE PURSUIT; 98
(iii) THE RATE OF SPEED AT WHICH THE OFFENDER OPERATED THE 101
MOTOR VEHICLE DURING THE PURSUIT;
(iv) WHETHER THE OFFENDER FAILED TO STOP FOR TRAFFIC 104
LIGHTS OR STOP SIGNS DURING THE PURSUIT;
(v) THE NUMBER OF TRAFFIC LIGHTS OR STOP SIGNS FOR WHICH 107
THE OFFENDER FAILED TO STOP DURING THE PURSUIT;
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(vi) WHETHER THE OFFENDER OPERATED THE MOTOR VEHICLE 110
DURING THE PURSUIT WITHOUT LIGHTED LIGHTS DURING A TIME WHEN
LIGHTED LIGHTS ARE REQUIRED; 112
(vii) WHETHER THE OFFENDER COMMITTED A MOVING VIOLATION 115
DURING THE PURSUIT;
(viii) THE NUMBER OF MOVING VIOLATIONS THE OFFENDER 118
COMMITTED DURING THE PURSUIT; 119
(ix) ANY OTHER RELEVANT FACTORS INDICATING THAT THE 122
OFFENDER'S CONDUCT IS MORE SERIOUS THAN CONDUCT NORMALLY 123
CONSTITUTING THE OFFENSE.
(D) IF AN OFFENDER IS SENTENCED PURSUANT TO DIVISION 125
(C)(4) OR (5) OF THIS SECTION FOR A VIOLATION OF DIVISION (B) OF 126
THIS SECTION, AND IF THE OFFENDER IS SENTENCED TO A PRISON TERM 127
FOR THAT VIOLATION, THE OFFENDER SHALL SERVE THE PRISON TERM 128
CONSECUTIVELY TO ANY OTHER PRISON TERM OR MANDATORY PRISON TERM 129
IMPOSED UPON THE OFFENDER.
(E) As used in this section, "police: 131
(1) "MOVING VIOLATION" HAS THE SAME MEANING AS IN SECTION 133
2743.70 OF THE REVISED CODE.
(2) "POLICE officer" has the same meaning as in section 136
4511.01 of the Revised Code.
Sec. 2929.14. (A) Except as provided in division (C), 146
(D)(2), (D)(3), (D)(4), or (G) of this section and except in 147
relation to an offense for which a sentence of death or life 148
imprisonment is to be imposed, if the court imposing a sentence 149
upon an offender for a felony elects or is required to impose a 150
prison term on the offender pursuant to this chapter and is not 151
prohibited by division (G)(1) of section 2929.13 of the Revised 152
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall be one of the following: 154
(1) For a felony of the first degree, the prison term 156
shall be three, four, five, six, seven, eight, nine, or ten 157
years. 158
(2) For a felony of the second degree, the prison term 160
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shall be two, three, four, five, six, seven, or eight years. 161
(3) For a felony of the third degree, the prison term 163
shall be one, two, three, four, or five years. 164
(4) For a felony of the fourth degree, the prison term 166
shall be six, seven, eight, nine, ten, eleven, twelve, thirteen, 167
fourteen, fifteen, sixteen, seventeen, or eighteen months. 168
(5) For a felony of the fifth degree, the prison term 170
shall be six, seven, eight, nine, ten, eleven, or twelve months. 172
(B) Except as provided in division (C), (D)(2), (D)(3), or 175
(G) of this section, in section 2907.02 of the Revised Code, or 176
in Chapter 2925. of the Revised Code, if the court imposing a 178
sentence upon an offender for a felony elects or is required to 179
impose a prison term on the offender and if the offender 180
previously has not served a prison term, the court shall impose 181
the shortest prison term authorized for the offense pursuant to 182
division (A) of this section, unless the court finds on the 183
record that the shortest prison term will demean the seriousness 184
of the offender's conduct or will not adequately protect the 185
public from future crime by the offender or others. 186
(C) Except as provided in division (G) of this section or 188
in Chapter 2925. of the Revised Code, the court imposing a 189
sentence upon an offender for a felony may impose the longest 190
prison term authorized for the offense pursuant to division (A) 191
of this section only upon offenders who committed the worst forms 192
of the offense, upon offenders who pose the greatest likelihood 193
of committing future crimes, upon certain major drug offenders 194
under division (D)(3) of this section, and upon certain repeat 195
violent offenders in accordance with division (D)(2) of this 197
section.
(D)(1)(a)(i) Except as provided in division (D)(1)(b) of 199
this section, if an offender who is convicted of or pleads guilty 200
to a felony also is convicted of or pleads guilty to a 201
specification of the type described in section 2941.144 of the 202
Revised Code that charges the offender with having a firearm that 204
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is an automatic firearm or that was equipped with a firearm 205
muffler or silencer on or about the offender's person or under 207
the offender's control while committing the felony, a
specification of the type described in section 2941.145 of the 208
Revised Code that charges the offender with having a firearm on 209
or about the offender's person or under the offender's control 210
while committing the offense and displaying the firearm, 212
brandishing the firearm, indicating that the offender possessed 213
the firearm, or using it to facilitate the offense, or a 215
specification of the type described in section 2941.141 of the
Revised Code that charges the offender with having a firearm on 217
or about the offender's person or under the offender's control 218
while committing the felony, the court, after imposing a prison 219
term on the offender for the felony under division (A), (D)(2), 221
or (D)(3) of this section, shall impose an additional prison 222
term, determined pursuant to this division, that shall not be 223
reduced pursuant to section 2929.20, section 2967.193, or any 224
other provision of Chapter 2967. or Chapter 5120. of the Revised 225
Code. If the specification is of the type described in section 227
2941.144 of the Revised Code, the additional prison term shall be 228
six years. If the specification is of the type described in 230
section 2941.145 of the Revised Code, the additional prison term 232
shall be three years. If the specification is of the type 233
described in section 2941.141 of the Revised Code, the additional
prison term shall be one year. A court shall not impose more 235
than one additional prison term on an offender under this 236
division for felonies committed as part of the same act or 237
transaction. If a court imposes an additional prison term under 238
division (D)(1)(a)(ii) of this section, the court is not
precluded from imposing an additional prison term under this 239
division.
(ii) Except as provided in division (D)(1)(b) of this 242
section, if an offender who is convicted of or pleads guilty to a 243
violation of section 2923.161 of the Revised Code or to a felony 245
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that includes, as an essential element, purposely or knowingly 246
causing or attempting to cause the death of or physical harm to 247
another, also is convicted of or pleads guilty to a specification 248
of the type described in section 2941.146 of the Revised Code 251
that charges the offender with committing the offense by 252
discharging a firearm from a motor vehicle, as defined in section 253
4501.01 of the Revised Code, other than a manufactured home, as 256
defined in section 4501.01 of the Revised Code, the court, after 258
imposing a prison term on the offender for the violation of 259
section 2923.161 of the Revised Code or for the other felony 261
offense under division (A), (D)(2), or (D)(3) of this section, 262
shall impose an additional prison term of five years upon the 263
offender that shall not be reduced pursuant to section 2929.20, 264
section 2967.193, or any other provision of Chapter 2967. or 265
Chapter 5120. of the Revised Code. A court shall not impose more 267
than one additional prison term on an offender under this
division for felonies committed as part of the same act or 269
transaction. If a court imposes an additional prison term on an
offender under this division relative to an offense, the court 270
also shall impose an additional prison term under division 271
(D)(1)(a)(i) of this section relative to the same offense, 272
provided the criteria specified in that division for imposing an 273
additional prison term are satisfied relative to the offender and 274
the offense.
(b) The court shall not impose any of the additional 276
prison terms described in division (D)(1)(a) of this section upon 279
an offender for a violation of section 2923.12 or 2923.123 of the 280
Revised Code. The court shall not impose any of the additional 281
prison terms described in that division upon an offender for a 282
violation of section 2923.13 of the Revised Code unless all of 283
the following apply:
(i) The offender previously has been convicted of 286
aggravated murder, murder, or any felony of the first or second 287
degree.
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(ii) Less than five years have passed since the offender 290
was released from prison or post-release control, whichever is 291
later, for the prior offense.
(2)(a) If an offender who is convicted of or pleads guilty 294
to a felony also is convicted of or pleads guilty to a 295
specification of the type described in section 2941.149 of the 296
Revised Code that the offender is a repeat violent offender, the 298
court shall impose a prison term from the range of terms 299
authorized for the offense under division (A) of this section 300
that may be the longest term in the range and that shall not be 301
reduced pursuant to section 2929.20, section 2967.193, or any 303
other provision of Chapter 2967. or Chapter 5120. of the Revised 304
Code. If the court finds that the repeat violent offender, in 306
committing the offense, caused any physical harm that carried a 307
substantial risk of death to a person or that involved 308
substantial permanent incapacity or substantial permanent 309
disfigurement of a person, the court shall impose the longest 310
prison term from the range of terms authorized for the offense 312
under division (A) of this section.
(b) If the court imposing a prison term on a repeat 315
violent offender imposes the longest prison term from the range 316
of terms authorized for the offense under division (A) of this 317
section, the court may impose on the offender an additional 318
definite prison term of one, two, three, four, five, six, seven, 319
eight, nine, or ten years if the court finds that both of the 320
following apply with respect to the prison terms imposed on the 321
offender pursuant to division (D)(2)(a) of this section and, if 322
applicable, divisions (D)(1) and (3) of this section: 323
(i) The terms so imposed are inadequate to punish the 326
offender and protect the public from future crime, because the 327
applicable factors under section 2929.12 of the Revised Code 330
indicating a greater likelihood of recidivism outweigh the 332
applicable factors under that section indicating a lesser
likelihood of recidivism. 333
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(ii) The terms so imposed are demeaning to the seriousness 336
of the offense, because one or more of the factors under section 337
2929.12 of the Revised Code indicating that the offender's 338
conduct is more serious than conduct normally constituting the 339
offense are present, and they outweigh the applicable factors 340
under that section indicating that the offender's conduct is less 342
serious than conduct normally constituting the offense.
(3)(a) Except when an offender commits a violation of 345
section 2903.01 or 2907.02 of the Revised Code and the penalty 346
imposed for the violation is life imprisonment or commits a 347
violation of section 2903.02 of the Revised Code, if the offender 348
commits a violation of section 2925.03, 2925.04, or 2925.11 of 349
the Revised Code and that section requires the imposition of a 351
ten-year prison term on the offender or if a court imposing a 352
sentence upon an offender for a felony finds that the offender is 353
guilty of a specification of the type described in section 354
2941.1410 of the Revised Code, that the offender is a major drug 355
offender, is guilty of corrupt activity with the most serious 356
offense in the pattern of corrupt activity being a felony of the 357
first degree, or is guilty of an attempted forcible violation of 358
section 2907.02 of the Revised Code with the victim being under 359
thirteen years of age and that attempted violation is the felony 360
for which sentence is being imposed, the court shall impose upon 361
the offender for the felony violation a ten-year prison term that 362
cannot be reduced pursuant to section 2929.20 or Chapter 2967. or 364
5120. of the Revised Code.
(b) The court imposing a prison term on an offender under 367
division (D)(3)(a) of this section may impose an additional 368
prison term of one, two, three, four, five, six, seven, eight, 369
nine, or ten years, if the court, with respect to the term 370
imposed under division (D)(3)(a) of this section and, if 371
applicable, divisions (D)(1) and (2) of this section, makes both 373
of the findings set forth in divisions (D)(2)(b)(i) and (ii) of 374
this section.
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(4) If the offender is being sentenced for a fourth degree 376
felony OMVI offense and if division (G)(2) of section 2929.13 of 378
the Revised Code requires the sentencing court to impose upon the 379
offender a mandatory prison term, the sentencing court shall 380
impose upon the offender a mandatory prison term in accordance 381
with that division. In addition to the mandatory prison term,
the sentencing court may sentence the offender to an additional 382
prison term of any duration specified in division (A)(4) of this 383
section minus the sixty days imposed upon the offender as the 384
mandatory prison term. The total of the additional prison term 385
imposed under division (D)(4) of this section plus the sixty days 386
imposed as the mandatory prison term shall equal one of the 387
authorized prison terms specified in division (A)(4) of this
section. If the court imposes an additional prison term under 388
division (D)(4) of this section, the offender shall serve the 389
additional prison term after the offender has served the 390
mandatory prison term required for the offense. The court shall 391
not sentence the offender to a community control sanction under
section 2929.16 or 2929.17 of the Revised Code. 392
(E)(1) If a mandatory prison term is imposed upon an 395
offender pursuant to division (D)(1)(a) of this section for 396
having a firearm on or about the offender's person or under the
offender's control while committing a felony or if a mandatory 398
prison term is imposed upon an offender pursuant to division 399
(D)(1)(b) of this section for committing a felony specified in 400
that division by discharging a firearm from a motor vehicle, the 401
offender shall serve the mandatory prison term consecutively to 402
and prior to the prison term imposed for the underlying felony 403
pursuant to division (A), (D)(2), or (D)(3) of this section or 404
any other section of the Revised Code and consecutively to any 405
other prison term or mandatory prison term previously or 407
subsequently imposed upon the offender. 408
(2) If an offender who is an inmate in a jail, prison, or 411
other residential detention facility violates section 2917.02,
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2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender 413
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an 414
offender who is an inmate in a jail, prison, or other residential 415
detention facility or is under detention at a detention facility 416
commits another felony while the offender is an escapee in 418
violation of section 2921.34 of the Revised Code, any prison term 420
imposed upon the offender for one of those violations shall be 421
served by the offender consecutively to the prison term or term
of imprisonment the offender was serving when the offender 423
committed that offense and to any other prison term previously or 424
subsequently imposed upon the offender. As used in this
division, "detention" and "detention facility" have the same 425
meanings as in section 2921.01 of the Revised Code. 426
(3) If a prison term is imposed for a violation of 428
division (B) of section 2911.01 of the Revised Code OR IF A 430
PRISON TERM IS IMPOSED FOR A FELONY VIOLATION OF DIVISION (B) OF 431
SECTION 2921.331 OF THE REVISED CODE, the offender shall serve
that prison term consecutively to any other prison term OR 433
MANDATORY PRISON TERM PREVIOUSLY OR SUBSEQUENTLY IMPOSED UPON THE 434
OFFENDER.
(4) If multiple prison terms are imposed on an offender 436
for convictions of multiple offenses, the court may require the 437
offender to serve the prison terms consecutively if the court 438
finds that the consecutive service is necessary to protect the 439
public from future crime or to punish the offender and that 440
consecutive sentences are not disproportionate to the seriousness 441
of the offender's conduct and to the danger the offender poses to 443
the public, and if the court also finds any of the following: 444
(a) The offender committed the multiple offenses while the 447
offender was awaiting trial or sentencing, was under a sanction 448
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the 449
Revised Code, or was under post-release control for a prior 450
offense.
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(b) The harm caused by the multiple offenses was so great 453
or unusual that no single prison term for any of the offenses 454
committed as part of a single course of conduct adequately 455
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct 457
demonstrates that consecutive sentences are necessary to protect 458
the public from future crime by the offender. 459
(5) When consecutive prison terms are imposed pursuant to 462
division (E)(1), (2), (3), or (4) of this section, the term to be 463
served is the aggregate of all of the terms so imposed. 464
(F) If a court imposes a prison term of a type described 467
in division (B) of section 2967.28 of the Revised Code, it shall 468
include in the sentence a requirement that the offender be 469
subject to a period of post-release control after the offender's 470
release from imprisonment, in accordance with that division. If 471
a court imposes a prison term of a type described in division (C) 472
of that section, it shall include in the sentence a requirement 473
that the offender be subject to a period of post-release control 474
after the offender's release from imprisonment, in accordance 475
with that division, if the parole board determines that a period 476
of post-release control is necessary. 477
(G) If a person is convicted of or pleads guilty to a 479
sexually violent offense and also is convicted of or pleads 480
guilty to a sexually violent predator specification that was 481
included in the indictment, count in the indictment, or 482
information charging that offense, the court shall impose
sentence upon the offender in accordance with section 2971.03 of 483
the Revised Code, and Chapter 2971. of the Revised Code applies 484
regarding the prison term or term of life imprisonment without 485
parole imposed upon the offender and the service of that term of 486
imprisonment.
(H) If a person who has been convicted of or pleaded 488
guilty to a felony is sentenced to a prison term or term of 489
imprisonment under this section, sections 2929.02 to 2929.06 of 490
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the Revised Code, section 2971.03 of the Revised Code, or any 491
other provision of law, section 5120.163 of the Revised Code 492
applies regarding the person while the person is confined in a
state correctional institution. 493
(I) If an offender who is convicted of or pleads guilty to 495
a felony that is an offense of violence also is convicted of or 497
pleads guilty to a specification of the type described in section 498
2941.142 of the Revised Code that charges the offender with 499
having committed the felony while participating in a criminal 500
gang, the court shall impose upon the offender an additional 501
prison term of one, two, or three years.
(J) If an offender who is convicted of or pleads guilty to 503
aggravated murder, murder, or a felony of the first, second, or 505
third degree that is an offense of violence also is convicted of 506
or pleads guilty to a specification of the type described in 507
section 2941.143 of the Revised Code that charges the offender 509
with having committed the offense in a school safety zone or 511
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The 512
offender shall serve the additional two years consecutively to 513
and prior to the prison term imposed for the underlying offense. 514
Section 2. That existing sections 2921.331 and 2929.14 of 516
the Revised Code are hereby repealed. 517