As Passed by the Senate 1
123rd General Assembly 4
Regular Session Am. S. B. No. 142 5
1999-2000 6
SENATORS SPADA-OELSLAGER-CUPP-CARNES-DRAKE-LATTA-PRENTISS- 8
WATTS-MUMPER-WHITE-GARDNER-DiDONATO-KEARNS-ARMBRUSTER 9
_________________________________________________________________ 11
A B I L L
To amend sections 2903.11, 2903.12, 2903.13, 13
2929.13, and 2937.23 of the Revised Code to 14
require the court to impose a mandatory prison
term for felonious assault, aggravated assault, 15
and assault if the victim of the offense is a 16
peace officer and suffers serious physical harm
as a result of the offense and to explicitly 17
require the judge or a magistrate to set bail in
cases involving the felonious assault, aggravated 18
assault, or assault of a peace officer. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 2903.11, 2903.12, 2903.13, 23
2929.13, and 2937.23 of the Revised Code be amended to read as 24
follows:
Sec. 2903.11. (A) No person shall knowingly: 33
(1) Cause serious physical harm to another or to another's 35
unborn;
(2) Cause or attempt to cause physical harm to another or 37
to another's unborn by means of a deadly weapon or dangerous 38
ordnance, as defined in section 2923.11 of the Revised Code. 39
(B) Whoever violates this section is guilty of felonious 41
assault, a felony of the second degree. If the victim of the 42
offense is a peace officer, as defined in section 2935.01 of the 43
Revised Code, felonious assault is a felony of the first degree. 44
IF THE VICTIM OF THE OFFENSE IS A PEACE OFFICER, AS DEFINED IN 45
2
SECTION 2935.01 OF THE REVISED CODE, AND IF THE VICTIM SUFFERED 46
SERIOUS PHYSICAL HARM AS A RESULT OF THE COMMISSION OF THE
OFFENSE, FELONIOUS ASSAULT IS A FELONY OF THE FIRST DEGREE, AND 47
THE COURT, PURSUANT TO DIVISION (F) OF SECTION 2929.13 OF THE 48
REVISED CODE, SHALL IMPOSE AS A MANDATORY PRISON TERM ONE OF THE 49
PRISON TERMS PRESCRIBED FOR A FELONY OF THE FIRST DEGREE. 50
Sec. 2903.12. (A) No person, while under the influence of 59
sudden passion or in a sudden fit of rage, either of which is 60
brought on by serious provocation occasioned by the victim that 61
is reasonably sufficient to incite the person into using deadly 62
force, shall knowingly: 63
(1) Cause serious physical harm to another or to another's 65
unborn;
(2) Cause or attempt to cause physical harm to another or 67
to another's unborn by means of a deadly weapon or dangerous 69
ordnance, as defined in section 2923.11 of the Revised Code. 70
(B) Whoever violates this section is guilty of aggravated 72
assault, a felony of the fourth degree. If the victim of the 73
offense is a peace officer, as defined in section 2935.01 of the 74
Revised Code, aggravated assault is a felony of the third degree. 76
IF THE VICTIM OF THE OFFENSE IS A PEACE OFFICER, AS DEFINED IN 77
SECTION 2935.01 OF THE REVISED CODE, AND IF THE VICTIM SUFFERED 78
SERIOUS PHYSICAL HARM AS A RESULT OF THE COMMISSION OF THE
OFFENSE, AGGRAVATED ASSAULT IS A FELONY OF THE THIRD DEGREE, AND 79
THE COURT, PURSUANT TO DIVISION (F) OF SECTION 2929.13 OF THE 80
REVISED CODE, SHALL IMPOSE AS A MANDATORY PRISON TERM ONE OF THE 81
PRISON TERMS PRESCRIBED FOR A FELONY OF THE THIRD DEGREE. 82
Sec. 2903.13. (A) No person shall knowingly cause or 91
attempt to cause physical harm to another or to another's unborn. 92
(B) No person shall recklessly cause serious physical harm 94
to another or to another's unborn. 95
(C) Whoever violates this section is guilty of assault. 97
Except as otherwise provided in division (C)(1), (2), or (3) of 98
this section, assault is a misdemeanor of the first degree. 100
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(1) Except as otherwise provided in this division, if the 102
offense is committed by a caretaker against a functionally 104
impaired person under the caretaker's care, assault is a felony 105
of the fourth degree. If the offense is committed by a caretaker 106
against a functionally impaired person under the caretaker's 107
care, if the offender previously has been convicted of or pleaded 109
guilty to a violation of this section or section 2903.11 or 110
2903.16 of the Revised Code, and if in relation to the previous 111
conviction the offender was a caretaker and the victim was a 112
functionally impaired person under the offender's care, assault 113
is a felony of the third degree. 114
(2) If the offense is committed in any of the following 116
circumstances, assault is a felony of the fifth degree: 117
(a) The offense occurs in or on the grounds of a state 119
correctional institution or an institution of the department of 120
youth services, the victim of the offense is an employee of the 121
department of rehabilitation and correction, the department of 122
youth services, or a probation department or is on the premises 123
of the particular institution for business purposes or as a 124
visitor, and the offense is committed by a person incarcerated in 125
the state correctional institution, by a person institutionalized 126
in the department of youth services institution pursuant to a 127
commitment to the department of youth services, by a probationer 129
or parolee, by an offender under transitional control, under a 131
community control sanction, or on an escorted visit, by a person
under post-release control, or by an offender under any other 134
type of supervision by a government agency.
(b) The offense occurs in or on the grounds of a local 136
correctional facility, the victim of the offense is an employee 137
of the local correctional facility or a probation department or 138
is on the premises of the facility for business purposes or as a 139
visitor, and the offense is committed by a person who is under 140
custody in the facility subsequent to the person's arrest for any 141
crime or delinquent act, subsequent to the person's being charged 143
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with or convicted of any crime, or subsequent to the person's 145
being alleged to be or adjudicated a delinquent child. 146
(c) The offense occurs off the grounds of a state 148
correctional institution and off the grounds of an institution of 149
the department of youth services, the victim of the offense is an 150
employee of the department of rehabilitation and correction, the 151
department of youth services, or a probation department, the 152
offense occurs during the employee's official work hours and 153
while the employee is engaged in official work responsibilities, 154
and the offense is committed by a person incarcerated in a state 156
correctional institution or institutionalized in the department 157
of youth services who temporarily is outside of the institution 158
for any purpose, by a probationer or parolee, by an offender 160
under transitional control, under a community control sanction, 161
or on an escorted visit, by a person under post-release control, 162
or by an offender under any other type of supervision by a 163
government agency.
(d) The offense occurs off the grounds of a local 165
correctional facility, the victim of the offense is an employee 166
of the local correctional facility or a probation department, the 167
offense occurs during the employee's official work hours and 168
while the employee is engaged in official work responsibilities, 169
and the offense is committed by a person who is under custody in 170
the facility subsequent to the person's arrest for any crime or 171
delinquent act, subsequent to the person being charged with or 172
convicted of any crime, or subsequent to the person being alleged 173
to be or adjudicated a delinquent child and who temporarily is 175
outside of the facility for any purpose or by a probationer or 176
parolee, by an offender under transitional control, under a 177
community control sanction, or on an escorted visit, by a person 178
under post-release control, or by an offender under any other 179
type of supervision by a government agency. 180
(e) The victim of the offense is a school teacher or 182
administrator or a school bus operator, and the offense occurs in 183
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a school, on school premises, in a school building, on a school 185
bus, or while the victim is outside of school premises or a 186
school bus and is engaged in duties or official responsibilities 187
associated with the victim's employment or position as a school 189
teacher or administrator or a school bus operator, including, but 190
not limited to, driving, accompanying, or chaperoning students at 191
or on class or field trips, athletic events, or other school 192
extracurricular activities or functions outside of school 193
premises.
(3) If the victim of the offense is a peace officer, a 195
firefighter, or a person performing emergency medical service, 197
while in the performance of their official duties, assault is a 198
felony of the fourth degree. 199
(4) IF THE VICTIM OF THE OFFENSE IS A PEACE OFFICER AND IF 201
THE VICTIM SUFFERED SERIOUS PHYSICAL HARM AS A RESULT OF THE 202
COMMISSION OF THE OFFENSE, ASSAULT IS A FELONY OF THE FOURTH 203
DEGREE, AND THE COURT, PURSUANT TO DIVISION (F) OF SECTION 204
2929.13 OF THE REVISED CODE, SHALL IMPOSE AS A MANDATORY PRISON 205
TERM ONE OF THE PRISON TERMS PRESCRIBED FOR A FELONY OF THE 206
FOURTH DEGREE THAT IS AT LEAST TWELVE MONTHS IN DURATION.
(5) As used in this section: 208
(a) "Peace officer" has the same meaning as in section 210
2935.01 of the Revised Code. 211
(b) "Firefighter" has the same meaning as in section 214
3937.41 of the Revised Code. 215
(c) "Emergency medical service" has the same meaning as in 217
section 4765.01 of the Revised Code. 218
(d) "Local correctional facility" means a county, 220
multicounty, municipal, municipal-county, or 221
multicounty-municipal jail or workhouse, a minimum security jail 223
established under section 341.23 or 753.21 of the Revised Code, 224
or another county, multicounty, municipal, municipal-county, or 225
multicounty-municipal facility used for the custody of persons 226
arrested for any crime or delinquent act, persons charged with or 227
6
convicted of any crime, or persons alleged to be or adjudicated a 228
delinquent child.
(e) "Employee of a local correctional facility" means a 230
person who is an employee of the political subdivision or of one 231
or more of the affiliated political subdivisions that operates 232
the local correctional facility and who operates or assists in 233
the operation of the facility. 234
(f) "School teacher or administrator" means either of the 236
following:
(i) A person who is employed in the public schools of the 238
state under a contract described in section 3319.08 of the 239
Revised Code in a position in which the person is required to 240
have a certificate issued pursuant to sections 3319.22 to 241
3319.311 of the Revised Code.
(ii) A person who is employed by a nonpublic school for 243
which the state board of education prescribes minimum standards 244
under section 3301.07 of the Revised Code and who is certificated 245
in accordance with section 3301.071 of the Revised Code. 246
(g) "Community control sanction" has the same meaning as 248
in section 2929.01 of the Revised Code. 249
(h) "Escorted visit" means an escorted visit granted under 251
section 2967.27 of the Revised Code. 252
(i) "Post-release control" and "transitional control" have 254
the same meanings as in section 2967.01 of the Revised Code. 255
Sec. 2929.13. (A) Except as provided in division (E), 265
(F), or (G) of this section and unless a specific sanction is 266
required to be imposed or is precluded from being imposed 267
pursuant to law, a court that imposes a sentence upon an offender 268
for a felony may impose any sanction or combination of sanctions 269
on the offender that are provided in sections 2929.14 to 2929.18 270
of the Revised Code. The sentence shall not impose an 271
unnecessary burden on state or local government resources. 272
If the offender is eligible to be sentenced to community 274
control sanctions, the court shall consider the appropriateness 276
7
of imposing a financial sanction pursuant to section 2929.18 of 277
the Revised Code or a sanction of community service pursuant to 279
section 2929.17 of the Revised Code as the sole sanction for the 280
offense. Except as otherwise provided in this division, if the 281
court is required to impose a mandatory prison term for the 282
offense for which sentence is being imposed, the court also may 283
impose a financial sanction pursuant to section 2929.18 of the 284
Revised Code but may not impose any additional sanction or 285
combination of sanctions under section 2929.16 or 2929.17 of the 286
Revised Code. 287
If the offender is being sentenced for a fourth degree 289
felony OMVI offense, in addition to the mandatory term of local 290
incarceration or the mandatory prison term required for the 292
offense by division (G)(1) or (2) of this section, the court 294
shall impose upon the offender a mandatory fine in accordance
with division (B)(3) of section 2929.18 of the Revised Code and 297
may impose whichever of the following is applicable:
(1) If division (G)(1) of this section requires that the 299
offender be sentenced to a mandatory term of local incarceration, 300
an additional community control sanction or combination of 302
community control sanctions under section 2929.16 or 2929.17 of 303
the Revised Code; 304
(2) If division (G)(2) of this section requires that the 306
offender be sentenced to a mandatory prison term, an additional 307
prison term as described in division (D)(4) of section 2929.14 of 308
the Revised Code.
(B)(1) Except as provided in division (B)(2), (E), (F), or 311
(G) of this section, in sentencing an offender for a felony of 312
the fourth or fifth degree, the sentencing court shall determine
whether any of the following apply: 314
(a) In committing the offense, the offender caused 316
physical harm to a person. 317
(b) In committing the offense, the offender attempted to 320
cause or made an actual threat of physical harm to a person with 321
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a deadly weapon.
(c) In committing the offense, the offender attempted to 324
cause or made an actual threat of physical harm to a person, and 325
the offender previously was convicted of an offense that caused 326
physical harm to a person.
(d) The offender held a public office or position of trust 329
and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense 330
or to bring those committing it to justice; or the offender's 331
professional reputation or position facilitated the offense or 332
was likely to influence the future conduct of others. 333
(e) The offender committed the offense for hire or as part 335
of an organized criminal activity. 336
(f) The offense is a sex offense that is a fourth or fifth 339
degree felony violation of section 2907.03, 2907.04, 2907.05, 340
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 341
Revised Code.
(g) The offender previously served a prison term. 343
(h) The offender previously was subject to a community 345
control sanction, and the offender committed another offense 347
while under the sanction.
(2)(a) If the court makes a finding described in division 350
(B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this section 351
and if the court, after considering the factors set forth in 352
section 2929.12 of the Revised Code, finds that a prison term is 354
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code and finds that the 356
offender is not amenable to an available community control 357
sanction, the court shall impose a prison term upon the offender. 358
(b) Except as provided in division (E), (F), or (G) of 360
this section, if the court does not make a finding described in 362
division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this 363
section and if the court, after considering the factors set forth 364
in section 2929.12 of the Revised Code, finds that a community 366
9
control sanction or combination of community control sanctions is 368
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code, the court shall 371
impose a community control sanction or combination of community 372
control sanctions upon the offender. 373
(C) Except as provided in division (E) or (F) of this 376
section, in determining whether to impose a prison term as a 377
sanction for a felony of the third degree or a felony drug 378
offense that is a violation of a provision of Chapter 2925. of 380
the Revised Code and that is specified as being subject to this 383
division for purposes of sentencing, the sentencing court shall 384
comply with the purposes and principles of sentencing under 385
section 2929.11 of the Revised Code and with section 2929.12 of 388
the Revised Code.
(D) Except as provided in division (E) or (F) of this 391
section, for a felony of the first or second degree and for a 392
felony drug offense that is a violation of any provision of 393
Chapter 2925., 3719., or 4729. of the Revised Code for which a 394
presumption in favor of a prison term is specified as being 395
applicable, it is presumed that a prison term is necessary in 396
order to comply with the purposes and principles of sentencing 397
under section 2929.11 of the Revised Code. Notwithstanding the 398
presumption established under this division, the sentencing court 399
may impose a community control sanction or a combination of 400
community control sanctions instead of a prison term on an 401
offender for a felony of the first or second degree or for a 402
felony drug offense that is a violation of any provision of 403
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being 404
applicable if it makes both of the following findings: 406
(1) A community control sanction or a combination of 408
community control sanctions would adequately punish the offender 410
and protect the public from future crime, because the applicable 411
factors under section 2929.12 of the Revised Code indicating a 413
10
lesser likelihood of recidivism outweigh the applicable factors 415
under that section indicating a greater likelihood of recidivism. 417
(2) A community control sanction or a combination of 419
community control sanctions would not demean the seriousness of 421
the offense, because one or more factors under section 2929.12 of 422
the Revised Code that indicate that the offender's conduct was 423
less serious than conduct normally constituting the offense are 424
applicable, and they outweigh the applicable factors under that 425
section that indicate that the offender's conduct was more 426
serious than conduct normally constituting the offense. 427
(E)(1) Except as provided in division (F) of this section, 430
for any drug offense that is a violation of any provision of 431
Chapter 2925. of the Revised Code and that is a felony of the 432
third, fourth, or fifth degree, the applicability of a 433
presumption under division (D) of this section in favor of a 434
prison term or of division (B) or (C) of this section in 435
determining whether to impose a prison term for the offense shall 437
be determined as specified in section 2925.02, 2925.03, 2925.04, 438
2925.05, 2925.06, 2925.07, 2925.11, 2925.13, 2925.22, 2925.23, 439
2925.36, or 2925.37 of the Revised Code, whichever is applicable 442
regarding the violation.
(2) If an offender who was convicted of or pleaded guilty 444
to a felony drug offense in violation of a provision of Chapter 445
2925., 3719., or 4729. of the Revised Code violates the 446
conditions of a community control sanction imposed for the 447
offense solely by possessing or using a controlled substance and 449
if the offender has not failed to meet the conditions of any drug 450
treatment program in which the offender was ordered to
participate as a sanction for the offense, the court, as 451
punishment for the violation of the sanction, shall order that 452
the offender participate in a drug treatment program or in 453
alcoholics anonymous, narcotics anonymous, or a similar program 454
if the court determines that an order of that nature is
consistent with the purposes and principles of sentencing set 455
11
forth in section 2929.11 of the Revised Code. If the court 456
determines that an order of that nature would not be consistent 457
with those purposes and principles or if the offender violated 458
the conditions of a drug treatment program in which the offender 459
participated as a sanction for the offense, the court may impose
on the offender a sanction authorized for the violation of the 460
sanction, including a prison term. 461
(F) Notwithstanding divisions (A) to (E) of this section, 464
the court shall impose a prison term or terms under sections 465
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the 466
Revised Code and except as specifically provided in section 467
2929.20 of the Revised Code or when parole is authorized for the 468
offense under section 2967.13 of the Revised Code, shall not 469
reduce the terms pursuant to section 2929.20, section 2967.193, 470
or any other provision of Chapter 2967. or Chapter 5120. of the 472
Revised Code for any of the following offenses: 473
(1) Aggravated murder when death is not imposed or murder; 475
(2) Any rape, regardless of whether force was involved and 477
regardless of the age of the victim, or an attempt to commit rape 478
by force when the victim is under thirteen years of age; 481
(3) Gross sexual imposition or sexual battery, if the 483
victim is under thirteen years of age, if the offender previously 485
was convicted of or pleaded guilty to rape, the former offense of 486
felonious sexual penetration, gross sexual imposition, or sexual 487
battery, and if the victim of the previous offense was under 489
thirteen years of age;
(4) A felony violation of section 2903.06, 2903.07, or 492
2903.08, 2903.11, 2903.12, OR 2903.13 of the Revised Code if the 493
section requires the imposition of a prison term; 494
(5) A first, second, or third degree felony drug offense 497
for which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or 498
4729.99 of the Revised Code, whichever is applicable regarding 500
the violation, requires the imposition of a mandatory prison 501
12
term;
(6) Any offense that is a first or second degree felony 503
and that is not set forth in division (F)(1), (2), (3), or (4) of 505
this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or second 507
degree felony, or an offense under an existing or former law of 508
this state, another state, or the United States that is or was 509
substantially equivalent to one of those offenses;
(7) Any offense, other than a violation of section 2923.12 511
of the Revised Code, that is a felony, if the offender had a 512
firearm on or about the offender's person or under the offender's 513
control while committing the felony, with respect to a portion of 514
the sentence imposed pursuant to division (D)(1)(a) of section 516
2929.14 of the Revised Code for having the firearm;
(8) Corrupt activity in violation of section 2923.32 of 518
the Revised Code when the most serious offense in the pattern of 520
corrupt activity that is the basis of the offense is a felony of 521
the first degree;
(9) Any sexually violent offense for which the offender 523
also is convicted of or pleads guilty to a sexually violent 524
predator specification that was included in the indictment, count 525
in the indictment, or information charging the sexually violent 526
offense;
(10) A violation of division (A)(1) or (2) of section 528
2921.36 of the Revised Code, or a violation of division (C) of 529
that section involving an item listed in division (A)(1) or (2) 530
of that section, if the offender is an officer or employee of the 531
department of rehabilitation and correction.
(G) Notwithstanding divisions (A) to (E) of this section, 534
if an offender is being sentenced for a fourth degree felony OMVI 535
offense, the court shall impose upon the offender a mandatory
term of local incarceration or a mandatory prison term in 536
accordance with the following: 537
(1) Except as provided in division (G)(2) of this section, 539
13
the court shall impose upon the offender a mandatory term of 540
local incarceration of sixty days as specified in division (A)(4) 541
of section 4511.99 of the Revised Code and shall not reduce the 542
term pursuant to section 2929.20, 2967.193, or any other 543
provision of the Revised Code. The court that imposes a 544
mandatory term of local incarceration under this division shall 545
specify whether the term is to be served in a jail, a 546
community-based correctional facility, a halfway house, or an 547
alternative residential facility, and the offender shall serve 548
the term in the type of facility specified by the court. The 549
court shall not sentence the offender to a prison term and shall 550
not specify that the offender is to serve the mandatory term of
local incarceration in prison. A mandatory term of local 551
incarceration imposed under division (G)(1) of this section is 552
not subject to extension under section 2967.11 of the Revised 553
Code, to a period of post-release control under section 2967.28 554
of the Revised Code, or to any other Revised Code provision that 555
pertains to a prison term.
(2) If the offender previously has been sentenced to a 557
mandatory term of local incarceration pursuant to division (G)(1) 558
of this section for a fourth degree felony OMVI offense, the 559
court shall impose upon the offender a mandatory prison term of 560
sixty days as specified in division (A)(4) of section 4511.99 of 561
the Revised Code and shall not reduce the term pursuant to 562
section 2929.20, 2967.193, or any other provision of the Revised
Code. In no case shall an offender who once has been sentenced 563
to a mandatory term of local incarceration pursuant to division 564
(G)(1) of this section for a fourth degree felony OMVI offense be 565
sentenced to another mandatory term of local incarceration under 566
that division for a fourth degree felony OMVI offense. The court 567
shall not sentence the offender to a community control sanction 568
under section 2929.16 or 2929.17 of the Revised Code. The 569
department of rehabilitation and correction may place an offender
sentenced to a mandatory prison term under this division in an 570
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intensive program prison established pursuant to section 5120.033 571
of the Revised Code if the department gave the sentencing judge 572
prior notice of its intent to place the offender in an intensive 573
program prison established under that section and if the judge 574
did not notify the department that the judge disapproved the 575
placement. Upon the establishment of the initial intensive
program prison pursuant to section 5120.033 of the Revised Code 576
that is privately operated and managed by a contractor pursuant 577
to a contract entered into under section 9.06 of the Revised 578
Code, both of the following apply:
(a) The department of rehabilitation and correction shall 580
make a reasonable effort to ensure that a sufficient number of 581
offenders sentenced to a mandatory prison term under this 582
division are placed in the privately operated and managed prison 583
so that the privately operated and managed prison has full 584
occupancy.
(b) Unless the privately operated and managed prison has 586
full occupancy, the department of rehabilitation and correction 587
shall not place any offender sentenced to a mandatory prison term 588
under this division in any intensive program prison established 589
pursuant to section 5120.033 of the Revised Code other than the 591
privately operated and managed prison.
(H) If an offender is being sentenced for a sexually 594
oriented offense committed on or after January 1, 1997, the judge 595
shall require the offender to submit to a DNA specimen collection 597
procedure pursuant to section 2901.07 of the Revised Code if 599
either of the following applies:
(1) The offense was a sexually violent offense, and the 601
offender also was convicted of or pleaded guilty to a sexually 602
violent predator specification that was included in the 603
indictment, count in the indictment, or information charging the 604
sexually violent offense.
(2) The judge imposing sentence for the sexually oriented 606
offense determines pursuant to division (B) of section 2950.09 of 607
15
the Revised Code that the offender is a sexual predator. 608
(I) If an offender is being sentenced for a sexually 611
oriented offense committed on or after January 1, 1997, the judge 612
shall include in the sentence a summary of the offender's duty to 614
register pursuant to section 2950.04 of the Revised Code, the 615
offender's duty to provide notice of a change in residence
address and register the new residence address pursuant to 616
section 2950.05 of the Revised Code, the offender's duty to 617
periodically verify the offender's current residence address 618
pursuant to section 2950.06 of the Revised Code, and the duration 619
of the duties. The judge shall inform the offender, at the time 620
of sentencing, of those duties and of their duration and, if
required under division (A)(2) of section 2950.03 of the Revised 622
Code, shall perform the duties specified in that section. 623
Sec. 2937.23. (A)(1) In a case involving a felony OR A 632
VIOLATION OF SECTION 2903.11, 2903.12, OR 2903.13 OF THE REVISED 633
CODE WHEN THE VICTIM OF THE OFFENSE IS A PEACE OFFICER, the judge 635
or magistrate shall fix the amount of bail. In
(2) IN a case involving a misdemeanor or a violation of a 638
municipal ordinance and not involving a felony OR A VIOLATION OF 639
SECTION 2903.11, 2903.12, OR 2903.13 OF THE REVISED CODE WHEN THE 640
VICTIM OF THE OFFENSE IS A PEACE OFFICER, the judge, magistrate, 641
or clerk of the court may fix the amount of bail and may do so in 642
accordance with a schedule previously fixed by the judge or 643
magistrate, or, in a case when. IF the judge, magistrate, or 645
clerk of the court is not readily available, the sheriff, deputy 647
sheriff, marshal, deputy marshal, police officer, or jailer 648
having custody of the person charged may fix the amount of bail 649
in accordance with a schedule previously fixed by the judge or 650
magistrate and shall take the bail only in the county courthouse, 652
the municipal or township building, or the county or municipal
jail. In 653
(3) IN all cases, the bail shall be fixed with 655
consideration of the seriousness of the offense charged, the 657
16
previous criminal record of the defendant, and the probability of 658
the defendant appearing at the trial of the case. 659
(B) In any case involving an alleged violation of section 661
2919.27 of the Revised Code or of a municipal ordinance that is 662
substantially similar to that section and in which the court 663
finds that either of the following criteria applies, the court 664
shall determine whether it will order an evaluation of the mental 665
condition of the defendant pursuant to section 2919.271 of the 666
Revised Code and, if it decides to so order, shall issue the 667
order requiring that evaluation before it sets bail for the 668
person charged with the violation:
(1) Regarding an alleged violation of a protection order 671
issued or consent agreement approved pursuant to section 2919.26 672
or 3113.31 of the Revised Code, that the violation allegedly 674
involves conduct by the defendant that caused physical harm to 676
the person or property of a family or household member covered by 677
the order or agreement or conduct by that defendant that caused a 678
family or household member to believe that the defendant would 679
cause physical harm to that member or that member's property; 680
(2) Regarding an alleged violation of a protection order 683
issued pursuant to section 2903.213 or 2903.214 of the Revised 684
Code, or a protection order issued by a court of another state, 685
as defined in section 2919.27 of the Revised Code, that the 686
violation allegedly involves conduct by the defendant that caused 688
physical harm to the person or property of the person covered by 689
the order or conduct by that defendant that caused the person 690
covered by the order to believe that the defendant would cause 691
physical harm to that person or that person's property. 692
(C) AS USED IN THIS SECTION, "PEACE OFFICER" HAS THE SAME 694
MEANING AS IN SECTION 2935.01 OF THE REVISED CODE. 695
Section 2. That existing sections 2903.11, 2903.12, 697
2903.13, 2929.13, and 2937.23 of the Revised Code are hereby 698
repealed.