As Reported by the Senate Judiciary Committee 1
123rd General Assembly 4
Regular Session Am. S. B. No. 142 5
1999-2000 6
SENATORS SPADA-OELSLAGER-CUPP 8
_________________________________________________________________ 10
A B I L L
To amend sections 2903.11, 2903.12, 2903.13, 12
2929.13, and 2937.23 of the Revised Code to 13
require the court to impose a mandatory prison
term for felonious assault, aggravated assault, 14
and assault if the victim of the offense is a 15
peace officer and suffers serious physical harm
as a result of the offense and to explicitly 16
require the judge or a magistrate to set bail in
cases involving the felonious assault, aggravated 17
assault, or assault of a peace officer. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 2903.11, 2903.12, 2903.13, 22
2929.13, and 2937.23 of the Revised Code be amended to read as 23
follows:
Sec. 2903.11. (A) No person shall knowingly: 32
(1) Cause serious physical harm to another or to another's 34
unborn;
(2) Cause or attempt to cause physical harm to another or 36
to another's unborn by means of a deadly weapon or dangerous 37
ordnance, as defined in section 2923.11 of the Revised Code. 38
(B) Whoever violates this section is guilty of felonious 40
assault, a felony of the second degree. If the victim of the 41
offense is a peace officer, as defined in section 2935.01 of the 42
Revised Code, felonious assault is a felony of the first degree. 43
IF THE VICTIM OF THE OFFENSE IS A PEACE OFFICER, AS DEFINED IN 44
SECTION 2935.01 OF THE REVISED CODE, AND IF THE VICTIM SUFFERED 45
2
SERIOUS PHYSICAL HARM AS A RESULT OF THE COMMISSION OF THE
OFFENSE, FELONIOUS ASSAULT IS A FELONY OF THE FIRST DEGREE, AND 46
THE COURT, PURSUANT TO DIVISION (F) OF SECTION 2929.13 OF THE 47
REVISED CODE, SHALL IMPOSE AS A MANDATORY PRISON TERM ONE OF THE 48
PRISON TERMS PRESCRIBED FOR A FELONY OF THE FIRST DEGREE. 49
Sec. 2903.12. (A) No person, while under the influence of 58
sudden passion or in a sudden fit of rage, either of which is 59
brought on by serious provocation occasioned by the victim that 60
is reasonably sufficient to incite the person into using deadly 61
force, shall knowingly: 62
(1) Cause serious physical harm to another or to another's 64
unborn;
(2) Cause or attempt to cause physical harm to another or 66
to another's unborn by means of a deadly weapon or dangerous 68
ordnance, as defined in section 2923.11 of the Revised Code. 69
(B) Whoever violates this section is guilty of aggravated 71
assault, a felony of the fourth degree. If the victim of the 72
offense is a peace officer, as defined in section 2935.01 of the 73
Revised Code, aggravated assault is a felony of the third degree. 75
IF THE VICTIM OF THE OFFENSE IS A PEACE OFFICER, AS DEFINED IN 76
SECTION 2935.01 OF THE REVISED CODE, AND IF THE VICTIM SUFFERED 77
SERIOUS PHYSICAL HARM AS A RESULT OF THE COMMISSION OF THE
OFFENSE, AGGRAVATED ASSAULT IS A FELONY OF THE THIRD DEGREE, AND 78
THE COURT, PURSUANT TO DIVISION (F) OF SECTION 2929.13 OF THE 79
REVISED CODE, SHALL IMPOSE AS A MANDATORY PRISON TERM ONE OF THE 80
PRISON TERMS PRESCRIBED FOR A FELONY OF THE THIRD DEGREE. 81
Sec. 2903.13. (A) No person shall knowingly cause or 90
attempt to cause physical harm to another or to another's unborn. 91
(B) No person shall recklessly cause serious physical harm 93
to another or to another's unborn. 94
(C) Whoever violates this section is guilty of assault. 96
Except as otherwise provided in division (C)(1), (2), or (3) of 97
this section, assault is a misdemeanor of the first degree. 99
(1) Except as otherwise provided in this division, if the 101
3
offense is committed by a caretaker against a functionally 103
impaired person under the caretaker's care, assault is a felony 104
of the fourth degree. If the offense is committed by a caretaker 105
against a functionally impaired person under the caretaker's 106
care, if the offender previously has been convicted of or pleaded 108
guilty to a violation of this section or section 2903.11 or 109
2903.16 of the Revised Code, and if in relation to the previous 110
conviction the offender was a caretaker and the victim was a 111
functionally impaired person under the offender's care, assault 112
is a felony of the third degree. 113
(2) If the offense is committed in any of the following 115
circumstances, assault is a felony of the fifth degree: 116
(a) The offense occurs in or on the grounds of a state 118
correctional institution or an institution of the department of 119
youth services, the victim of the offense is an employee of the 120
department of rehabilitation and correction, the department of 121
youth services, or a probation department or is on the premises 122
of the particular institution for business purposes or as a 123
visitor, and the offense is committed by a person incarcerated in 124
the state correctional institution, by a person institutionalized 125
in the department of youth services institution pursuant to a 126
commitment to the department of youth services, by a probationer 128
or parolee, by an offender under transitional control, under a 130
community control sanction, or on an escorted visit, by a person
under post-release control, or by an offender under any other 133
type of supervision by a government agency;
(b) The offense occurs in or on the grounds of a local 135
correctional facility, the victim of the offense is an employee 136
of the local correctional facility or a probation department or 137
is on the premises of the facility for business purposes or as a 138
visitor, and the offense is committed by a person who is under 139
custody in the facility subsequent to the person's arrest for any 140
crime or delinquent act, subsequent to the person's being charged 142
with or convicted of any crime, or subsequent to the person's 144
4
being alleged to be or adjudicated a delinquent child. 145
(c) The offense occurs off the grounds of a state 147
correctional institution and off the grounds of an institution of 148
the department of youth services, the victim of the offense is an 149
employee of the department of rehabilitation and correction, the 150
department of youth services, or a probation department, the 151
offense occurs during the employee's official work hours and 152
while the employee is engaged in official work responsibilities, 153
and the offense is committed by a person incarcerated in a state 155
correctional institution or institutionalized in the department 156
of youth services who temporarily is outside of the institution 157
for any purpose, by a probationer or parolee, by an offender 159
under transitional control, under a community control sanction, 160
or on an escorted visit, by a person under post-release control, 161
or by an offender under any other type of supervision by a 162
government agency.
(d) The offense occurs off the grounds of a local 164
correctional facility, the victim of the offense is an employee 165
of the local correctional facility or a probation department, the 166
offense occurs during the employee's official work hours and 167
while the employee is engaged in official work responsibilities, 168
and the offense is committed by a person who is under custody in 169
the facility subsequent to the person's arrest for any crime or 170
delinquent act, subsequent to the person being charged with or 171
convicted of any crime, or subsequent to the person being alleged 172
to be or adjudicated a delinquent child and who temporarily is 174
outside of the facility for any purpose or by a probationer or 175
parolee, by an offender under transitional control, under a 176
community control sanction, or on an escorted visit, by a person 177
under post-release control, or by an offender under any other 178
type of supervision by a government agency. 179
(e) The victim of the offense is a school teacher or 181
administrator or a school bus operator, and the offense occurs on 182
school premises, in a school building, on a school bus, or while 183
5
the victim is outside of school premises or a school bus and is 184
ingaged ENGAGED in duties or official responsibilities associated 186
with the victim's employement EMPLOYMENT or position as a school 187
teacher or administrator or a school bus operator, including, but 188
not limited to, driving, accompanying, or chaperoning students at 189
or on class or field trips, athletic events, or other school 190
extracurricular activities or functions outide OUTSIDE of school 191
premises.
(3) If the victim of the offense is a peace officer, a 193
fire fighter FIREFIGHTER, or a person performing emergency 194
medical service, while in the performance of their official 196
duties, assault is a felony of the fourth degree. 197
(4) IF THE VICTIM OF THE OFFENSE IS A PEACE OFFICER AND IF 199
THE VICTIM SUFFERED SERIOUS PHYSICAL HARM AS A RESULT OF THE 200
COMMISSION OF THE OFFENSE, ASSAULT IS A FELONY OF THE FOURTH 201
DEGREE, AND THE COURT, PURSUANT TO DIVISION (F) OF SECTION 202
2929.13 OF THE REVISED CODE, SHALL IMPOSE AS A MANDATORY PRISON 203
TERM ONE OF THE PRISON TERMS PRESCRIBED FOR A FELONY OF THE 204
FOURTH DEGREE THAT IS AT LEAST TWELVE MONTHS IN DURATION.
(5) As used in this section: 206
(a) "Peace officer" has the same meaning as in section 208
2935.01 of the Revised Code. 209
(b) "Fire fighter FIREFIGHTER" has the same meaning as in 211
section 3937.41 of the Revised Code. 213
(c) "Emergency medical service" has the same meaning as in 215
section 4765.01 of the Revised Code. 216
(d) "Local correctional facility" means a county, 218
multicounty, municipal, municipal-county, or 219
multicounty-municipal jail or workhouse, a minimum security jail 221
established under section 341.23 or 753.21 of the Revised Code, 222
or another county, multicounty, municipal, municipal-county, or 223
multicounty-municipal facility used for the custody of persons 224
arrested for any crime or delinquent act, persons charged with or 225
convicted of any crime, or persons alleged to be or adjudicated a 226
6
delinquent child.
(e) "Employee of a local correctional facility" means a 228
person who is an employee of the political subdivision or of one 229
or more of the affiliated political subdivisions that operates 230
the local correctional facility and who operates or assists in 231
the operation of the facility. 232
(f) "School," "school building," and "school premises" 234
have the same meanings as in section 2925.01 of the Revised Code. 235
(g) "School teacher or administrator" means either of the 237
following:
(i) A person who is employed in the public schools of the 239
state under a contract described in section 3319.08 of the 240
Revised Code in a position in which the person is required to 241
have a certificate issued pursuant to sections 3319.22 to 242
3319.311 of the Revised Code.
(ii) A person who is employed by a nonpublic school for 244
which the state board of education prescribes minimum standards 245
under section 3301.07 of the Revised Code and who is certificated 246
in accordance with section 3301.071 of the Revised Code. 247
(h) "School bus" has the same meaning as in section 249
4511.01 of the Revised Code. 250
(i) "Community control sanction" has the same meaning as 252
in section 2929.01 of the Revised Code. 253
(j) "Escorted visit" means an escorted visit granted under 255
section 2967.27 of the Revised Code. 256
(k) "Post-release control" and "transitional control" have 258
the same meanings as in section 2967.01 of the Revised Code. 259
Sec. 2929.13. (A) Except as provided in division (E), 269
(F), or (G) of this section and unless a specific sanction is 270
required to be imposed or is precluded from being imposed 271
pursuant to law, a court that imposes a sentence upon an offender 272
for a felony may impose any sanction or combination of sanctions 273
on the offender that are provided in sections 2929.14 to 2929.18 274
of the Revised Code. The sentence shall not impose an 275
7
unnecessary burden on state or local government resources. 276
If the offender is eligible to be sentenced to community 278
control sanctions, the court shall consider the appropriateness 280
of imposing a financial sanction pursuant to section 2929.18 of 281
the Revised Code or a sanction of community service pursuant to 283
section 2929.17 of the Revised Code as the sole sanction for the 284
offense. Except as otherwise provided in this division, if the 285
court is required to impose a mandatory prison term for the 286
offense for which sentence is being imposed, the court also may 287
impose a financial sanction pursuant to section 2929.18 of the 288
Revised Code but may not impose any additional sanction or 289
combination of sanctions under section 2929.16 or 2929.17 of the 290
Revised Code. 291
If the offender is being sentenced for a fourth degree 293
felony OMVI offense, in addition to the mandatory term of local 294
incarceration or the mandatory prison term required for the 296
offense by division (G)(1) or (2) of this section, the court 298
shall impose upon the offender a mandatory fine in accordance
with division (B)(3) of section 2929.18 of the Revised Code and 301
may impose whichever of the following is applicable:
(1) If division (G)(1) of this section requires that the 303
offender be sentenced to a mandatory term of local incarceration, 304
an additional community control sanction or combination of 306
community control sanctions under section 2929.16 or 2929.17 of 307
the Revised Code; 308
(2) If division (G)(2) of this section requires that the 310
offender be sentenced to a mandatory prison term, an additional 311
prison term as described in division (D)(4) of section 2929.14 of 312
the Revised Code.
(B)(1) Except as provided in division (B)(2), (E), (F), or 315
(G) of this section, in sentencing an offender for a felony of 316
the fourth or fifth degree, the sentencing court shall determine
whether any of the following apply: 318
(a) In committing the offense, the offender caused 320
8
physical harm to a person. 321
(b) In committing the offense, the offender attempted to 324
cause or made an actual threat of physical harm to a person with 325
a deadly weapon.
(c) In committing the offense, the offender attempted to 328
cause or made an actual threat of physical harm to a person, and 329
the offender previously was convicted of an offense that caused 330
physical harm to a person.
(d) The offender held a public office or position of trust 333
and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense 334
or to bring those committing it to justice; or the offender's 335
professional reputation or position facilitated the offense or 336
was likely to influence the future conduct of others. 337
(e) The offender committed the offense for hire or as part 339
of an organized criminal activity. 340
(f) The offense is a sex offense that is a fourth or fifth 343
degree felony violation of section 2907.03, 2907.04, 2907.05, 344
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 345
Revised Code.
(g) The offender previously served a prison term. 347
(h) The offender previously was subject to a community 349
control sanction, and the offender committed another offense 351
while under the sanction.
(2)(a) If the court makes a finding described in division 354
(B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this section 355
and if the court, after considering the factors set forth in 356
section 2929.12 of the Revised Code, finds that a prison term is 358
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code and finds that the 360
offender is not amenable to an available community control 361
sanction, the court shall impose a prison term upon the offender. 362
(b) Except as provided in division (E), (F), or (G) of 364
this section, if the court does not make a finding described in 366
9
division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this 367
section and if the court, after considering the factors set forth 368
in section 2929.12 of the Revised Code, finds that a community 370
control sanction or combination of community control sanctions is 372
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code, the court shall 375
impose a community control sanction or combination of community 376
control sanctions upon the offender. 377
(C) Except as provided in division (E) or (F) of this 380
section, in determining whether to impose a prison term as a 381
sanction for a felony of the third degree or a felony drug 382
offense that is a violation of a provision of Chapter 2925. of 384
the Revised Code and that is specified as being subject to this 387
division for purposes of sentencing, the sentencing court shall 388
comply with the purposes and principles of sentencing under 389
section 2929.11 of the Revised Code and with section 2929.12 of 392
the Revised Code.
(D) Except as provided in division (E) or (F) of this 395
section, for a felony of the first or second degree and for a 396
felony drug offense that is a violation of any provision of 397
Chapter 2925., 3719., or 4729. of the Revised Code for which a 398
presumption in favor of a prison term is specified as being 399
applicable, it is presumed that a prison term is necessary in 400
order to comply with the purposes and principles of sentencing 401
under section 2929.11 of the Revised Code. Notwithstanding the 402
presumption established under this division, the sentencing court 403
may impose a community control sanction or a combination of 404
community control sanctions instead of a prison term on an 405
offender for a felony of the first or second degree or for a 406
felony drug offense that is a violation of any provision of 407
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being 408
applicable if it makes both of the following findings: 410
(1) A community control sanction or a combination of 412
10
community control sanctions would adequately punish the offender 414
and protect the public from future crime, because the applicable 415
factors under section 2929.12 of the Revised Code indicating a 417
lesser likelihood of recidivism outweigh the applicable factors 419
under that section indicating a greater likelihood of recidivism. 421
(2) A community control sanction or a combination of 423
community control sanctions would not demean the seriousness of 425
the offense, because one or more factors under section 2929.12 of 426
the Revised Code that indicate that the offender's conduct was 427
less serious than conduct normally constituting the offense are 428
applicable, and they outweigh the applicable factors under that 429
section that indicate that the offender's conduct was more 430
serious than conduct normally constituting the offense. 431
(E)(1) Except as provided in division (F) of this section, 434
for any drug offense that is a violation of any provision of 435
Chapter 2925. of the Revised Code and that is a felony of the 436
third, fourth, or fifth degree, the applicability of a 437
presumption under division (D) of this section in favor of a 438
prison term or of division (B) or (C) of this section in 439
determining whether to impose a prison term for the offense shall 441
be determined as specified in section 2925.02, 2925.03, 2925.04, 442
2925.05, 2925.06, 2925.07, 2925.11, 2925.13, 2925.22, 2925.23, 443
2925.36, or 2925.37 of the Revised Code, whichever is applicable 446
regarding the violation.
(2) If an offender who was convicted of or pleaded guilty 448
to a felony drug offense in violation of a provision of Chapter 449
2925., 3719., or 4729. of the Revised Code violates the 450
conditions of a community control sanction imposed for the 451
offense solely by possessing or using a controlled substance and 453
if the offender has not failed to meet the conditions of any drug 454
treatment program in which the offender was ordered to
participate as a sanction for the offense, the court, as 455
punishment for the violation of the sanction, shall order that 456
the offender participate in a drug treatment program or in 457
11
alcoholics anonymous, narcotics anonymous, or a similar program 458
if the court determines that an order of that nature is
consistent with the purposes and principles of sentencing set 459
forth in section 2929.11 of the Revised Code. If the court 460
determines that an order of that nature would not be consistent 461
with those purposes and principles or if the offender violated 462
the conditions of a drug treatment program in which the offender 463
participated as a sanction for the offense, the court may impose
on the offender a sanction authorized for the violation of the 464
sanction, including a prison term. 465
(F) Notwithstanding divisions (A) to (E) of this section, 468
the court shall impose a prison term or terms under sections 469
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the 470
Revised Code and except as specifically provided in section 471
2929.20 of the Revised Code or when parole is authorized for the 472
offense under section 2967.13 of the Revised Code, shall not 473
reduce the terms pursuant to section 2929.20, section 2967.193, 474
or any other provision of Chapter 2967. or Chapter 5120. of the 476
Revised Code for any of the following offenses: 477
(1) Aggravated murder when death is not imposed or murder; 479
(2) Any rape, regardless of whether force was involved and 481
regardless of the age of the victim, or an attempt to commit rape 482
by force when the victim is under thirteen years of age; 485
(3) Gross sexual imposition or sexual battery, if the 487
victim is under thirteen years of age, if the offender previously 489
was convicted of or pleaded guilty to rape, the former offense of 490
felonious sexual penetration, gross sexual imposition, or sexual 491
battery, and if the victim of the previous offense was under 493
thirteen years of age;
(4) A felony violation of section 2903.06, 2903.07, or 496
2903.08, 2903.11, 2903.12, OR 2903.13 of the Revised Code if the 497
section requires the imposition of a prison term; 498
(5) A first, second, or third degree felony drug offense 501
for which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
12
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or 502
4729.99 of the Revised Code, whichever is applicable regarding 504
the violation, requires the imposition of a mandatory prison 505
term;
(6) Any offense that is a first or second degree felony 507
and that is not set forth in division (F)(1), (2), (3), or (4) of 509
this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or second 511
degree felony, or an offense under an existing or former law of 512
this state, another state, or the United States that is or was 513
substantially equivalent to one of those offenses;
(7) Any offense, other than a violation of section 2923.12 515
of the Revised Code, that is a felony, if the offender had a 516
firearm on or about the offender's person or under the offender's 517
control while committing the felony, with respect to a portion of 518
the sentence imposed pursuant to division (D)(1)(a) of section 520
2929.14 of the Revised Code for having the firearm;
(8) Corrupt activity in violation of section 2923.32 of 522
the Revised Code when the most serious offense in the pattern of 524
corrupt activity that is the basis of the offense is a felony of 525
the first degree;
(9) Any sexually violent offense for which the offender 527
also is convicted of or pleads guilty to a sexually violent 528
predator specification that was included in the indictment, count 529
in the indictment, or information charging the sexually violent 530
offense;
(10) A violation of division (A)(1) or (2) of section 532
2921.36 of the Revised Code, or a violation of division (C) of 533
that section involving an item listed in division (A)(1) or (2) 534
of that section, if the offender is an officer or employee of the 535
department of rehabilitation and correction.
(G) Notwithstanding divisions (A) to (E) of this section, 538
if an offender is being sentenced for a fourth degree felony OMVI 539
offense, the court shall impose upon the offender a mandatory
13
term of local incarceration or a mandatory prison term in 540
accordance with the following: 541
(1) Except as provided in division (G)(2) of this section, 543
the court shall impose upon the offender a mandatory term of 544
local incarceration of sixty days as specified in division (A)(4) 545
of section 4511.99 of the Revised Code and shall not reduce the 546
term pursuant to section 2929.20, 2967.193, or any other 547
provision of the Revised Code. The court that imposes a 548
mandatory term of local incarceration under this division shall 549
specify whether the term is to be served in a jail, a 550
community-based correctional facility, a halfway house, or an 551
alternative residential facility, and the offender shall serve 552
the term in the type of facility specified by the court. The 553
court shall not sentence the offender to a prison term and shall 554
not specify that the offender is to serve the mandatory term of
local incarceration in prison. A mandatory term of local 555
incarceration imposed under division (G)(1) of this section is 556
not subject to extension under section 2967.11 of the Revised 557
Code, to a period of post-release control under section 2967.28 558
of the Revised Code, or to any other Revised Code provision that 559
pertains to a prison term.
(2) If the offender previously has been sentenced to a 561
mandatory term of local incarceration pursuant to division (G)(1) 562
of this section for a fourth degree felony OMVI offense, the 563
court shall impose upon the offender a mandatory prison term of 564
sixty days as specified in division (A)(4) of section 4511.99 of 565
the Revised Code and shall not reduce the term pursuant to 566
section 2929.20, 2967.193, or any other provision of the Revised
Code. In no case shall an offender who once has been sentenced 567
to a mandatory term of local incarceration pursuant to division 568
(G)(1) of this section for a fourth degree felony OMVI offense be 569
sentenced to another mandatory term of local incarceration under 570
that division for a fourth degree felony OMVI offense. The court 571
shall not sentence the offender to a community control sanction 572
14
under section 2929.16 or 2929.17 of the Revised Code. The 573
department of rehabilitation and correction may place an offender
sentenced to a mandatory prison term under this division in an 574
intensive program prison established pursuant to section 5120.033 575
of the Revised Code if the department gave the sentencing judge 576
prior notice of its intent to place the offender in an intensive 577
program prison established under that section and if the judge 578
did not notify the department that the judge disapproved the 579
placement. Upon the establishment of the initial intensive
program prison pursuant to section 5120.033 of the Revised Code 580
that is privately operated and managed by a contractor pursuant 581
to a contract entered into under section 9.06 of the Revised 582
Code, both of the following apply:
(a) The department of rehabilitation and correction shall 584
make a reasonable effort to ensure that a sufficient number of 585
offenders sentenced to a mandatory prison term under this 586
division are placed in the privately operated and managed prison 587
so that the privately operated and managed prison has full 588
occupancy.
(b) Unless the privately operated and managed prison has 590
full occupancy, the department of rehabilitation and correction 591
shall not place any offender sentenced to a mandatory prison term 592
under this division in any intensive program prison established 593
pursuant to section 5120.033 of the Revised Code other than the 595
privately operated and managed prison.
(H) If an offender is being sentenced for a sexually 598
oriented offense committed on or after January 1, 1997, the judge 599
shall require the offender to submit to a DNA specimen collection 601
procedure pursuant to section 2901.07 of the Revised Code if 603
either of the following applies:
(1) The offense was a sexually violent offense, and the 605
offender also was convicted of or pleaded guilty to a sexually 606
violent predator specification that was included in the 607
indictment, count in the indictment, or information charging the 608
15
sexually violent offense.
(2) The judge imposing sentence for the sexually oriented 610
offense determines pursuant to division (B) of section 2950.09 of 611
the Revised Code that the offender is a sexual predator. 612
(I) If an offender is being sentenced for a sexually 615
oriented offense committed on or after January 1, 1997, the judge 616
shall include in the sentence a summary of the offender's duty to 618
register pursuant to section 2950.04 of the Revised Code, the 619
offender's duty to provide notice of a change in residence
address and register the new residence address pursuant to 620
section 2950.05 of the Revised Code, the offender's duty to 621
periodically verify the offender's current residence address 622
pursuant to section 2950.06 of the Revised Code, and the duration 623
of the duties. The judge shall inform the offender, at the time 624
of sentencing, of those duties and of their duration and, if
required under division (A)(2) of section 2950.03 of the Revised 626
Code, shall perform the duties specified in that section. 627
Sec. 2937.23. (A)(1) In a case involving a felony OR A 636
VIOLATION OF SECTION 2903.11, 2903.12, OR 2903.13 OF THE REVISED 637
CODE WHEN THE VICTIM OF THE OFFENSE IS A PEACE OFFICER, the judge 639
or magistrate shall fix the amount of bail. In
(2) IN a case involving a misdemeanor or a violation of a 642
municipal ordinance and not involving a felony OR A VIOLATION OF 643
SECTION 2903.11, 2903.12, OR 2903.13 OF THE REVISED CODE WHEN THE 644
VICTIM OF THE OFFENSE IS A PEACE OFFICER, the judge, magistrate, 645
or clerk of the court may fix the amount of bail and may do so in 646
accordance with a schedule previously fixed by the judge or 647
magistrate, or, in a case when. IF the judge, magistrate, or 649
clerk of the court is not readily available, the sheriff, deputy 651
sheriff, marshal, deputy marshal, police officer, or jailer 652
having custody of the person charged may fix the amount of bail 653
in accordance with a schedule previously fixed by the judge or 654
magistrate and shall take the bail only in the county courthouse, 656
the municipal or township building, or the county or municipal
16
jail. In 657
(3) IN all cases, the bail shall be fixed with 659
consideration of the seriousness of the offense charged, the 661
previous criminal record of the defendant, and the probability of 662
the defendant appearing at the trial of the case. 663
(B) In any case involving an alleged violation of section 665
2919.27 of the Revised Code or of a municipal ordinance that is 666
substantially similar to that section and in which the court 667
finds that either of the following criteria applies, the court 668
shall determine whether it will order an evaluation of the mental 669
condition of the defendant pursuant to section 2919.271 of the 670
Revised Code and, if it decides to so order, shall issue the 671
order requiring that evaluation before it sets bail for the 672
person charged with the violation:
(1) Regarding an alleged violation of a protection order 675
issued or consent agreement approved pursuant to section 2919.26 676
or 3113.31 of the Revised Code, that the violation allegedly 678
involves conduct by the defendant that caused physical harm to 680
the person or property of a family or household member covered by 681
the order or agreement or conduct by that defendant that caused a 682
family or household member to believe that the defendant would 683
cause physical harm to that member or that member's property; 684
(2) Regarding an alleged violation of a protection order 687
issued pursuant to section 2903.213 or 2903.214 of the Revised 688
Code, or a protection order issued by a court of another state, 689
as defined in section 2919.27 of the Revised Code, that the 690
violation allegedly involves conduct by the defendant that caused 692
physical harm to the person or property of the person covered by 693
the order or conduct by that defendant that caused the person 694
covered by the order to believe that the defendant would cause 695
physical harm to that person or that person's property. 696
(C) AS USED IN THIS SECTION, "PEACE OFFICER" HAS THE SAME 698
MEANING AS IN SECTION 2935.01 OF THE REVISED CODE. 699
Section 2. That existing sections 2903.11, 2903.12, 701
17
2903.13, 2929.13, and 2937.23 of the Revised Code are hereby 702
repealed.