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          

                                                          3      


                                                                 
      (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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          8      


                                                                 
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          

                                                          14     


                                                                 
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.