As Reported by the Senate Judiciary Committee 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
_________________________________________________________________ 14
A B I L L
To amend sections 2921.331 and 2929.14 of the 15
Revised Code to increase the penalty for "failure 17
to comply with an order or signal of a police
officer" regarding the dangerous operation of a 19
motor vehicle. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 2921.331 and 2929.14 of the 24
Revised Code be amended to read as follows: 25
Sec. 2921.331. (A) No person shall fail to comply with 34
any lawful order or direction of any police officer invested with 35
authority to direct, control, or regulate traffic. 36
(B) No person shall operate a motor vehicle so as 38
willfully to elude or flee a police officer after receiving a 39
visible or audible signal from a police officer to bring his THE 40
PERSON'S motor vehicle to a stop. 41
(C)(1) Whoever violates this section is guilty of failure 43
to comply with an order or signal of a police officer. A 44
(2) A violation of division (A) of this section is a 47
misdemeanor of the first degree. A 48
(3) EXCEPT AS PROVIDED IN DIVISIONS (C)(4) AND (5) OF THIS 51
SECTION, A violation of division (B) of this section is a
misdemeanor of the first degree, except that a. 52
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(4) EXCEPT AS PROVIDED IN DIVISION (C)(5) OF THIS SECTION, 54
A violation of division (B) of this section is a felony of the 56
fourth degree if the jury or judge as trier of fact finds any one 57
of the following by proof beyond a reasonable doubt: 58
(1) In THAT, IN committing the offense, the offender was 60
fleeing immediately after the commission of a felony; 62
(2). 64
(5)(a) A VIOLATION OF DIVISION (B) OF THIS SECTION IS A 66
FELONY OF THE THIRD DEGREE IF THE JURY OR JUDGE AS TRIER OF FACT 67
FINDS ANY OF THE FOLLOWING BY PROOF BEYOND A REASONABLE DOUBT: 68
(i) The operation of the motor vehicle by the offender was 71
a proximate cause of serious physical harm to persons or 73
property;
(3). 75
(ii) The operation of the motor vehicle by the offender 77
caused a substantial risk of serious physical harm to persons or 78
property. 79
(b) IF A POLICE OFFICER PURSUES AN OFFENDER WHO IS 81
VIOLATING DIVISION (B) OF THIS SECTION AND DIVISION (C)(5)(a) OF 84
THIS SECTION APPLIES, THE SENTENCING COURT, IN DETERMINING THE 85
SERIOUSNESS OF AN OFFENDER'S CONDUCT FOR PURPOSES OF SENTENCING 86
THE OFFENDER FOR A VIOLATION OF DIVISION (B) OF THIS SECTION, 87
SHALL CONSIDER, ALONG WITH THE FACTORS SET FORTH IN SECTIONS 88
2929.12 AND 2929.13 OF THE REVISED CODE THAT ARE REQUIRED TO BE 90
CONSIDERED, ALL OF THE FOLLOWING: 91
(i) THE DURATION OF THE PURSUIT; 94
(ii) THE DISTANCE OF THE PURSUIT; 97
(iii) THE RATE OF SPEED AT WHICH THE OFFENDER OPERATED THE 100
MOTOR VEHICLE DURING THE PURSUIT;
(iv) WHETHER THE OFFENDER FAILED TO STOP FOR TRAFFIC 103
LIGHTS OR STOP SIGNS DURING THE PURSUIT;
(v) THE NUMBER OF TRAFFIC LIGHTS OR STOP SIGNS FOR WHICH 106
THE OFFENDER FAILED TO STOP DURING THE PURSUIT;
(vi) WHETHER THE OFFENDER OPERATED THE MOTOR VEHICLE 109
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DURING THE PURSUIT WITHOUT LIGHTED LIGHTS DURING A TIME WHEN
LIGHTED LIGHTS ARE REQUIRED; 111
(vii) WHETHER THE OFFENDER COMMITTED A MOVING VIOLATION 114
DURING THE PURSUIT;
(viii) THE NUMBER OF MOVING VIOLATIONS THE OFFENDER 117
COMMITTED DURING THE PURSUIT; 118
(ix) ANY OTHER RELEVANT FACTORS INDICATING THAT THE 121
OFFENDER'S CONDUCT IS MORE SERIOUS THAN CONDUCT NORMALLY 122
CONSTITUTING THE OFFENSE.
(D) IF AN OFFENDER IS SENTENCED PURSUANT TO DIVISION 124
(C)(4) OR (5) OF THIS SECTION FOR A VIOLATION OF DIVISION (B) OF 125
THIS SECTION, AND IF THE OFFENDER IS SENTENCED TO A PRISON TERM 126
FOR THAT VIOLATION, THE OFFENDER SHALL SERVE THE PRISON TERM 127
CONSECUTIVELY TO ANY OTHER PRISON TERM OR MANDATORY PRISON TERM 128
IMPOSED UPON THE OFFENDER.
(E) As used in this section, "police: 130
(1) "MOVING VIOLATION" HAS THE SAME MEANING AS IN SECTION 132
2743.70 OF THE REVISED CODE.
(2) "POLICE officer" has the same meaning as in section 135
4511.01 of the Revised Code.
Sec. 2929.14. (A) Except as provided in division (C), 145
(D)(2), (D)(3), (D)(4), or (G) of this section and except in 146
relation to an offense for which a sentence of death or life 147
imprisonment is to be imposed, if the court imposing a sentence 148
upon an offender for a felony elects or is required to impose a 149
prison term on the offender pursuant to this chapter and is not 150
prohibited by division (G)(1) of section 2929.13 of the Revised 151
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall be one of the following: 153
(1) For a felony of the first degree, the prison term 155
shall be three, four, five, six, seven, eight, nine, or ten 156
years. 157
(2) For a felony of the second degree, the prison term 159
shall be two, three, four, five, six, seven, or eight years. 160
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(3) For a felony of the third degree, the prison term 162
shall be one, two, three, four, or five years. 163
(4) For a felony of the fourth degree, the prison term 165
shall be six, seven, eight, nine, ten, eleven, twelve, thirteen, 166
fourteen, fifteen, sixteen, seventeen, or eighteen months. 167
(5) For a felony of the fifth degree, the prison term 169
shall be six, seven, eight, nine, ten, eleven, or twelve months. 171
(B) Except as provided in division (C), (D)(2), (D)(3), or 174
(G) of this section, in section 2907.02 of the Revised Code, or 175
in Chapter 2925. of the Revised Code, if the court imposing a 177
sentence upon an offender for a felony elects or is required to 178
impose a prison term on the offender and if the offender 179
previously has not served a prison term, the court shall impose 180
the shortest prison term authorized for the offense pursuant to 181
division (A) of this section, unless the court finds on the 182
record that the shortest prison term will demean the seriousness 183
of the offender's conduct or will not adequately protect the 184
public from future crime by the offender or others. 185
(C) Except as provided in division (G) of this section or 187
in Chapter 2925. of the Revised Code, the court imposing a 188
sentence upon an offender for a felony may impose the longest 189
prison term authorized for the offense pursuant to division (A) 190
of this section only upon offenders who committed the worst forms 191
of the offense, upon offenders who pose the greatest likelihood 192
of committing future crimes, upon certain major drug offenders 193
under division (D)(3) of this section, and upon certain repeat 194
violent offenders in accordance with division (D)(2) of this 196
section.
(D)(1)(a)(i) Except as provided in division (D)(1)(b) of 198
this section, if an offender who is convicted of or pleads guilty 199
to a felony also is convicted of or pleads guilty to a 200
specification of the type described in section 2941.144 of the 201
Revised Code that charges the offender with having a firearm that 203
is an automatic firearm or that was equipped with a firearm 204
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muffler or silencer on or about the offender's person or under 206
the offender's control while committing the felony, a
specification of the type described in section 2941.145 of the 207
Revised Code that charges the offender with having a firearm on 208
or about the offender's person or under the offender's control 209
while committing the offense and displaying the firearm, 211
brandishing the firearm, indicating that the offender possessed 212
the firearm, or using it to facilitate the offense, or a 214
specification of the type described in section 2941.141 of the
Revised Code that charges the offender with having a firearm on 216
or about the offender's person or under the offender's control 217
while committing the felony, the court, after imposing a prison 218
term on the offender for the felony under division (A), (D)(2), 220
or (D)(3) of this section, shall impose an additional prison 221
term, determined pursuant to this division, that shall not be 222
reduced pursuant to section 2929.20, section 2967.193, or any 223
other provision of Chapter 2967. or Chapter 5120. of the Revised 224
Code. If the specification is of the type described in section 226
2941.144 of the Revised Code, the additional prison term shall be 227
six years. If the specification is of the type described in 229
section 2941.145 of the Revised Code, the additional prison term 231
shall be three years. If the specification is of the type 232
described in section 2941.141 of the Revised Code, the additional
prison term shall be one year. A court shall not impose more 234
than one additional prison term on an offender under this 235
division for felonies committed as part of the same act or 236
transaction. If a court imposes an additional prison term under 237
division (D)(1)(a)(ii) of this section, the court is not
precluded from imposing an additional prison term under this 238
division.
(ii) Except as provided in division (D)(1)(b) of this 241
section, if an offender who is convicted of or pleads guilty to a 242
violation of section 2923.161 of the Revised Code or to a felony 244
that includes, as an essential element, purposely or knowingly 245
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causing or attempting to cause the death of or physical harm to 246
another, also is convicted of or pleads guilty to a specification 247
of the type described in section 2941.146 of the Revised Code 250
that charges the offender with committing the offense by 251
discharging a firearm from a motor vehicle, as defined in section 252
4501.01 of the Revised Code, other than a manufactured home, as 255
defined in section 4501.01 of the Revised Code, the court, after 257
imposing a prison term on the offender for the violation of 258
section 2923.161 of the Revised Code or for the other felony 260
offense under division (A), (D)(2), or (D)(3) of this section, 261
shall impose an additional prison term of five years upon the 262
offender that shall not be reduced pursuant to section 2929.20, 263
section 2967.193, or any other provision of Chapter 2967. or 264
Chapter 5120. of the Revised Code. A court shall not impose more 266
than one additional prison term on an offender under this
division for felonies committed as part of the same act or 268
transaction. If a court imposes an additional prison term on an
offender under this division relative to an offense, the court 269
also shall impose an additional prison term under division 270
(D)(1)(a)(i) of this section relative to the same offense, 271
provided the criteria specified in that division for imposing an 272
additional prison term are satisfied relative to the offender and 273
the offense.
(b) The court shall not impose any of the additional 275
prison terms described in division (D)(1)(a) of this section upon 278
an offender for a violation of section 2923.12 or 2923.123 of the 279
Revised Code. The court shall not impose any of the additional 280
prison terms described in that division upon an offender for a 281
violation of section 2923.13 of the Revised Code unless all of 282
the following apply:
(i) The offender previously has been convicted of 285
aggravated murder, murder, or any felony of the first or second 286
degree.
(ii) Less than five years have passed since the offender 289
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was released from prison or post-release control, whichever is 290
later, for the prior offense.
(2)(a) If an offender who is convicted of or pleads guilty 293
to a felony also is convicted of or pleads guilty to a 294
specification of the type described in section 2941.149 of the 295
Revised Code that the offender is a repeat violent offender, the 297
court shall impose a prison term from the range of terms 298
authorized for the offense under division (A) of this section 299
that may be the longest term in the range and that shall not be 300
reduced pursuant to section 2929.20, section 2967.193, or any 302
other provision of Chapter 2967. or Chapter 5120. of the Revised 303
Code. If the court finds that the repeat violent offender, in 305
committing the offense, caused any physical harm that carried a 306
substantial risk of death to a person or that involved 307
substantial permanent incapacity or substantial permanent 308
disfigurement of a person, the court shall impose the longest 309
prison term from the range of terms authorized for the offense 311
under division (A) of this section.
(b) If the court imposing a prison term on a repeat 314
violent offender imposes the longest prison term from the range 315
of terms authorized for the offense under division (A) of this 316
section, the court may impose on the offender an additional 317
definite prison term of one, two, three, four, five, six, seven, 318
eight, nine, or ten years if the court finds that both of the 319
following apply with respect to the prison terms imposed on the 320
offender pursuant to division (D)(2)(a) of this section and, if 321
applicable, divisions (D)(1) and (3) of this section: 322
(i) The terms so imposed are inadequate to punish the 325
offender and protect the public from future crime, because the 326
applicable factors under section 2929.12 of the Revised Code 329
indicating a greater likelihood of recidivism outweigh the 331
applicable factors under that section indicating a lesser
likelihood of recidivism. 332
(ii) The terms so imposed are demeaning to the seriousness 335
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of the offense, because one or more of the factors under section 336
2929.12 of the Revised Code indicating that the offender's 337
conduct is more serious than conduct normally constituting the 338
offense are present, and they outweigh the applicable factors 339
under that section indicating that the offender's conduct is less 341
serious than conduct normally constituting the offense.
(3)(a) Except when an offender commits a violation of 344
section 2903.01 or 2907.02 of the Revised Code and the penalty 345
imposed for the violation is life imprisonment or commits a 346
violation of section 2903.02 of the Revised Code, if the offender 347
commits a violation of section 2925.03, 2925.04, or 2925.11 of 348
the Revised Code and that section requires the imposition of a 350
ten-year prison term on the offender or if a court imposing a 351
sentence upon an offender for a felony finds that the offender is 352
guilty of a specification of the type described in section 353
2941.1410 of the Revised Code, that the offender is a major drug 354
offender, is guilty of corrupt activity with the most serious 355
offense in the pattern of corrupt activity being a felony of the 356
first degree, or is guilty of an attempted forcible violation of 357
section 2907.02 of the Revised Code with the victim being under 358
thirteen years of age and that attempted violation is the felony 359
for which sentence is being imposed, the court shall impose upon 360
the offender for the felony violation a ten-year prison term that 361
cannot be reduced pursuant to section 2929.20 or Chapter 2967. or 363
5120. of the Revised Code.
(b) The court imposing a prison term on an offender under 366
division (D)(3)(a) of this section may impose an additional 367
prison term of one, two, three, four, five, six, seven, eight, 368
nine, or ten years, if the court, with respect to the term 369
imposed under division (D)(3)(a) of this section and, if 370
applicable, divisions (D)(1) and (2) of this section, makes both 372
of the findings set forth in divisions (D)(2)(b)(i) and (ii) of 373
this section.
(4) If the offender is being sentenced for a fourth degree 375
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felony OMVI offense and if division (G)(2) of section 2929.13 of 377
the Revised Code requires the sentencing court to impose upon the 378
offender a mandatory prison term, the sentencing court shall 379
impose upon the offender a mandatory prison term in accordance 380
with that division. In addition to the mandatory prison term,
the sentencing court may sentence the offender to an additional 381
prison term of any duration specified in division (A)(4) of this 382
section minus the sixty days imposed upon the offender as the 383
mandatory prison term. The total of the additional prison term 384
imposed under division (D)(4) of this section plus the sixty days 385
imposed as the mandatory prison term shall equal one of the 386
authorized prison terms specified in division (A)(4) of this
section. If the court imposes an additional prison term under 387
division (D)(4) of this section, the offender shall serve the 388
additional prison term after the offender has served the 389
mandatory prison term required for the offense. The court shall 390
not sentence the offender to a community control sanction under
section 2929.16 or 2929.17 of the Revised Code. 391
(E)(1) If a mandatory prison term is imposed upon an 394
offender pursuant to division (D)(1)(a) of this section for 395
having a firearm on or about the offender's person or under the
offender's control while committing a felony or if a mandatory 397
prison term is imposed upon an offender pursuant to division 398
(D)(1)(b) of this section for committing a felony specified in 399
that division by discharging a firearm from a motor vehicle, the 400
offender shall serve the mandatory prison term consecutively to 401
and prior to the prison term imposed for the underlying felony 402
pursuant to division (A), (D)(2), or (D)(3) of this section or 403
any other section of the Revised Code and consecutively to any 404
other prison term or mandatory prison term previously or 406
subsequently imposed upon the offender. 407
(2) If an offender who is an inmate in a jail, prison, or 410
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender 412
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who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an 413
offender who is an inmate in a jail, prison, or other residential 414
detention facility or is under detention at a detention facility 415
commits another felony while the offender is an escapee in 417
violation of section 2921.34 of the Revised Code, any prison term 419
imposed upon the offender for one of those violations shall be 420
served by the offender consecutively to the prison term or term
of imprisonment the offender was serving when the offender 422
committed that offense and to any other prison term previously or 423
subsequently imposed upon the offender. As used in this
division, "detention" and "detention facility" have the same 424
meanings as in section 2921.01 of the Revised Code. 425
(3) If a prison term is imposed for a violation of 427
division (B) of section 2911.01 of the Revised Code OR IF A 429
PRISON TERM IS IMPOSED FOR A FELONY VIOLATION OF DIVISION (B) OF 430
SECTION 2921.331 OF THE REVISED CODE, the offender shall serve
that prison term consecutively to any other prison term OR 432
MANDATORY PRISON TERM PREVIOUSLY OR SUBSEQUENTLY IMPOSED UPON THE 433
OFFENDER.
(4) If multiple prison terms are imposed on an offender 435
for convictions of multiple offenses, the court may require the 436
offender to serve the prison terms consecutively if the court 437
finds that the consecutive service is necessary to protect the 438
public from future crime or to punish the offender and that 439
consecutive sentences are not disproportionate to the seriousness 440
of the offender's conduct and to the danger the offender poses to 442
the public, and if the court also finds any of the following: 443
(a) The offender committed the multiple offenses while the 446
offender was awaiting trial or sentencing, was under a sanction 447
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the 448
Revised Code, or was under post-release control for a prior 449
offense.
(b) The harm caused by the multiple offenses was so great 452
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or unusual that no single prison term for any of the offenses 453
committed as part of a single course of conduct adequately 454
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct 456
demonstrates that consecutive sentences are necessary to protect 457
the public from future crime by the offender. 458
(5) When consecutive prison terms are imposed pursuant to 461
division (E)(1), (2), (3), or (4) of this section, the term to be 462
served is the aggregate of all of the terms so imposed. 463
(F) If a court imposes a prison term of a type described 466
in division (B) of section 2967.28 of the Revised Code, it shall 467
include in the sentence a requirement that the offender be 468
subject to a period of post-release control after the offender's 469
release from imprisonment, in accordance with that division. If 470
a court imposes a prison term of a type described in division (C) 471
of that section, it shall include in the sentence a requirement 472
that the offender be subject to a period of post-release control 473
after the offender's release from imprisonment, in accordance 474
with that division, if the parole board determines that a period 475
of post-release control is necessary. 476
(G) If a person is convicted of or pleads guilty to a 478
sexually violent offense and also is convicted of or pleads 479
guilty to a sexually violent predator specification that was 480
included in the indictment, count in the indictment, or 481
information charging that offense, the court shall impose
sentence upon the offender in accordance with section 2971.03 of 482
the Revised Code, and Chapter 2971. of the Revised Code applies 483
regarding the prison term or term of life imprisonment without 484
parole imposed upon the offender and the service of that term of 485
imprisonment.
(H) If a person who has been convicted of or pleaded 487
guilty to a felony is sentenced to a prison term or term of 488
imprisonment under this section, sections 2929.02 to 2929.06 of 489
the Revised Code, section 2971.03 of the Revised Code, or any 490
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other provision of law, section 5120.163 of the Revised Code 491
applies regarding the person while the person is confined in a
state correctional institution. 492
(I) If an offender who is convicted of or pleads guilty to 494
a felony that is an offense of violence also is convicted of or 496
pleads guilty to a specification of the type described in section 497
2941.142 of the Revised Code that charges the offender with 498
having committed the felony while participating in a criminal 499
gang, the court shall impose upon the offender an additional 500
prison term of one, two, or three years.
(J) If an offender who is convicted of or pleads guilty to 502
aggravated murder, murder, or a felony of the first, second, or 504
third degree that is an offense of violence also is convicted of 505
or pleads guilty to a specification of the type described in 506
section 2941.143 of the Revised Code that charges the offender 508
with having committed the offense in a school safety zone or 510
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The 511
offender shall serve the additional two years consecutively to 512
and prior to the prison term imposed for the underlying offense. 513
Section 2. That existing sections 2921.331 and 2929.14 of 515
the Revised Code are hereby repealed. 516