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                       

                                                          2      


                                                                 
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;                                 

                                                          3      


                                                                 
      (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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
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.                                                                         

                                                          7      


                                                                 
      (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          

                                                          8      


                                                                 
      (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.                                                                   

                                                          9      


                                                                 
      (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,                  

                                                          10     


                                                                 
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.                                                                        

                                                          11     


                                                                 
      (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          

                                                          12     


                                                                 
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