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.