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           

                                                          2      


                                                                 
      (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          

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
      (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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
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          

                                                          10     


                                                                 
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          

                                                          11     


                                                                 
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          

                                                          12     


                                                                 
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