As Reported by House Criminal Justice Committee 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
REPRESENTATIVES WOMER BENJAMIN-JONES-CALLENDER-LOGAN- 10
DePIERO-MYERS-WILLAMOWSKI 11
_________________________________________________________________ 12
A B I L L
To amend sections 2903.11, 2903.12, 2903.13, 14
2929.13, and 2937.23 of the Revised Code to 15
require the court to impose a mandatory prison
term for felonious assault, aggravated assault, 16
and assault if the victim of the offense is a 17
peace officer and suffers serious physical harm
as a result of the offense and to explicitly 18
require the judge or a magistrate to set bail in
cases involving the felonious assault, aggravated 19
assault, or assault of a peace officer. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 2903.11, 2903.12, 2903.13, 24
2929.13, and 2937.23 of the Revised Code be amended to read as 25
follows:
Sec. 2903.11. (A) No person shall knowingly: 34
(1) Cause serious physical harm to another or to another's 36
unborn;
(2) Cause or attempt to cause physical harm to another or 38
to another's unborn by means of a deadly weapon or dangerous 39
ordnance, as defined in section 2923.11 of the Revised Code. 40
(B) Whoever violates this section is guilty of felonious 42
assault, a felony of the second degree. If the victim of the 43
offense is a peace officer, as defined in section 2935.01 of the 44
2
Revised Code, felonious assault is a felony of the first degree. 45
IF THE VICTIM OF THE OFFENSE IS A PEACE OFFICER, AS DEFINED IN 46
SECTION 2935.01 OF THE REVISED CODE, AND IF THE VICTIM SUFFERED 47
SERIOUS PHYSICAL HARM AS A RESULT OF THE COMMISSION OF THE
OFFENSE, FELONIOUS ASSAULT IS A FELONY OF THE FIRST DEGREE, AND 48
THE COURT, PURSUANT TO DIVISION (F) OF SECTION 2929.13 OF THE 49
REVISED CODE, SHALL IMPOSE AS A MANDATORY PRISON TERM ONE OF THE 50
PRISON TERMS PRESCRIBED FOR A FELONY OF THE FIRST DEGREE. 51
Sec. 2903.12. (A) No person, while under the influence of 60
sudden passion or in a sudden fit of rage, either of which is 61
brought on by serious provocation occasioned by the victim that 62
is reasonably sufficient to incite the person into using deadly 63
force, shall knowingly: 64
(1) Cause serious physical harm to another or to another's 66
unborn;
(2) Cause or attempt to cause physical harm to another or 68
to another's unborn by means of a deadly weapon or dangerous 70
ordnance, as defined in section 2923.11 of the Revised Code. 71
(B) Whoever violates this section is guilty of aggravated 73
assault, a felony of the fourth degree. If the victim of the 74
offense is a peace officer, as defined in section 2935.01 of the 75
Revised Code, aggravated assault is a felony of the third degree. 77
IF THE VICTIM OF THE OFFENSE IS A PEACE OFFICER, AS DEFINED IN 78
SECTION 2935.01 OF THE REVISED CODE, AND IF THE VICTIM SUFFERED 79
SERIOUS PHYSICAL HARM AS A RESULT OF THE COMMISSION OF THE
OFFENSE, AGGRAVATED ASSAULT IS A FELONY OF THE THIRD DEGREE, AND 80
THE COURT, PURSUANT TO DIVISION (F) OF SECTION 2929.13 OF THE 81
REVISED CODE, SHALL IMPOSE AS A MANDATORY PRISON TERM ONE OF THE 82
PRISON TERMS PRESCRIBED FOR A FELONY OF THE THIRD DEGREE. 83
Sec. 2903.13. (A) No person shall knowingly cause or 92
attempt to cause physical harm to another or to another's unborn. 93
(B) No person shall recklessly cause serious physical harm 95
to another or to another's unborn. 96
(C) Whoever violates this section is guilty of assault. 98
3
Except as otherwise provided in division (C)(1), (2), or (3) of 99
this section, assault is a misdemeanor of the first degree. 101
(1) Except as otherwise provided in this division, if the 103
offense is committed by a caretaker against a functionally 105
impaired person under the caretaker's care, assault is a felony 106
of the fourth degree. If the offense is committed by a caretaker 107
against a functionally impaired person under the caretaker's 108
care, if the offender previously has been convicted of or pleaded 110
guilty to a violation of this section or section 2903.11 or 111
2903.16 of the Revised Code, and if in relation to the previous 112
conviction the offender was a caretaker and the victim was a 113
functionally impaired person under the offender's care, assault 114
is a felony of the third degree. 115
(2) If the offense is committed in any of the following 117
circumstances, assault is a felony of the fifth degree: 118
(a) The offense occurs in or on the grounds of a state 120
correctional institution or an institution of the department of 121
youth services, the victim of the offense is an employee of the 122
department of rehabilitation and correction, the department of 123
youth services, or a probation department or is on the premises 124
of the particular institution for business purposes or as a 125
visitor, and the offense is committed by a person incarcerated in 126
the state correctional institution, by a person institutionalized 127
in the department of youth services institution pursuant to a 128
commitment to the department of youth services, by a probationer 130
or parolee, by an offender under transitional control, under a 132
community control sanction, or on an escorted visit, by a person
under post-release control, or by an offender under any other 135
type of supervision by a government agency.
(b) The offense occurs in or on the grounds of a local 137
correctional facility, the victim of the offense is an employee 138
of the local correctional facility or a probation department or 139
is on the premises of the facility for business purposes or as a 140
visitor, and the offense is committed by a person who is under 141
4
custody in the facility subsequent to the person's arrest for any 142
crime or delinquent act, subsequent to the person's being charged 144
with or convicted of any crime, or subsequent to the person's 146
being alleged to be or adjudicated a delinquent child. 147
(c) The offense occurs off the grounds of a state 149
correctional institution and off the grounds of an institution of 150
the department of youth services, the victim of the offense is an 151
employee of the department of rehabilitation and correction, the 152
department of youth services, or a probation department, the 153
offense occurs during the employee's official work hours and 154
while the employee is engaged in official work responsibilities, 155
and the offense is committed by a person incarcerated in a state 157
correctional institution or institutionalized in the department 158
of youth services who temporarily is outside of the institution 159
for any purpose, by a probationer or parolee, by an offender 161
under transitional control, under a community control sanction, 162
or on an escorted visit, by a person under post-release control, 163
or by an offender under any other type of supervision by a 164
government agency.
(d) The offense occurs off the grounds of a local 166
correctional facility, the victim of the offense is an employee 167
of the local correctional facility or a probation department, the 168
offense occurs during the employee's official work hours and 169
while the employee is engaged in official work responsibilities, 170
and the offense is committed by a person who is under custody in 171
the facility subsequent to the person's arrest for any crime or 172
delinquent act, subsequent to the person being charged with or 173
convicted of any crime, or subsequent to the person being alleged 174
to be or adjudicated a delinquent child and who temporarily is 176
outside of the facility for any purpose or by a probationer or 177
parolee, by an offender under transitional control, under a 178
community control sanction, or on an escorted visit, by a person 179
under post-release control, or by an offender under any other 180
type of supervision by a government agency. 181
5
(e) The victim of the offense is a school teacher or 183
administrator or a school bus operator, and the offense occurs in 184
a school, on school premises, in a school building, on a school 186
bus, or while the victim is outside of school premises or a 187
school bus and is engaged in duties or official responsibilities 188
associated with the victim's employment or position as a school 190
teacher or administrator or a school bus operator, including, but 191
not limited to, driving, accompanying, or chaperoning students at 192
or on class or field trips, athletic events, or other school 193
extracurricular activities or functions outside of school 194
premises.
(3) If the victim of the offense is a peace officer, a 196
firefighter, or a person performing emergency medical service, 198
while in the performance of their official duties, assault is a 199
felony of the fourth degree. 200
(4) IF THE VICTIM OF THE OFFENSE IS A PEACE OFFICER AND IF 202
THE VICTIM SUFFERED SERIOUS PHYSICAL HARM AS A RESULT OF THE 203
COMMISSION OF THE OFFENSE, ASSAULT IS A FELONY OF THE FOURTH 204
DEGREE, AND THE COURT, PURSUANT TO DIVISION (F) OF SECTION 205
2929.13 OF THE REVISED CODE, SHALL IMPOSE AS A MANDATORY PRISON 206
TERM ONE OF THE PRISON TERMS PRESCRIBED FOR A FELONY OF THE 207
FOURTH DEGREE THAT IS AT LEAST TWELVE MONTHS IN DURATION.
(5) As used in this section: 209
(a) "Peace officer" has the same meaning as in section 211
2935.01 of the Revised Code. 212
(b) "Firefighter" has the same meaning as in section 215
3937.41 of the Revised Code. 216
(c) "Emergency medical service" has the same meaning as in 218
section 4765.01 of the Revised Code. 219
(d) "Local correctional facility" means a county, 221
multicounty, municipal, municipal-county, or 222
multicounty-municipal jail or workhouse, a minimum security jail 224
established under section 341.23 or 753.21 of the Revised Code, 225
or another county, multicounty, municipal, municipal-county, or 226
6
multicounty-municipal facility used for the custody of persons 227
arrested for any crime or delinquent act, persons charged with or 228
convicted of any crime, or persons alleged to be or adjudicated a 229
delinquent child.
(e) "Employee of a local correctional facility" means a 231
person who is an employee of the political subdivision or of one 232
or more of the affiliated political subdivisions that operates 233
the local correctional facility and who operates or assists in 234
the operation of the facility. 235
(f) "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
(g) "Community control sanction" has the same meaning as 249
in section 2929.01 of the Revised Code. 250
(h) "Escorted visit" means an escorted visit granted under 252
section 2967.27 of the Revised Code. 253
(i) "Post-release control" and "transitional control" have 255
the same meanings as in section 2967.01 of the Revised Code. 256
Sec. 2929.13. (A) Except as provided in division (E), 266
(F), or (G) of this section and unless a specific sanction is 267
required to be imposed or is precluded from being imposed 268
pursuant to law, a court that imposes a sentence upon an offender 269
for a felony may impose any sanction or combination of sanctions 270
on the offender that are provided in sections 2929.14 to 2929.18 271
of the Revised Code. The sentence shall not impose an 272
unnecessary burden on state or local government resources. 273
7
If the offender is eligible to be sentenced to community 275
control sanctions, the court shall consider the appropriateness 277
of imposing a financial sanction pursuant to section 2929.18 of 278
the Revised Code or a sanction of community service pursuant to 280
section 2929.17 of the Revised Code as the sole sanction for the 281
offense. Except as otherwise provided in this division, if the 282
court is required to impose a mandatory prison term for the 283
offense for which sentence is being imposed, the court also may 284
impose a financial sanction pursuant to section 2929.18 of the 285
Revised Code but may not impose any additional sanction or 286
combination of sanctions under section 2929.16 or 2929.17 of the 287
Revised Code. 288
If the offender is being sentenced for a fourth degree 290
felony OMVI offense, in addition to the mandatory term of local 291
incarceration or the mandatory prison term required for the 293
offense by division (G)(1) or (2) of this section, the court 295
shall impose upon the offender a mandatory fine in accordance
with division (B)(3) of section 2929.18 of the Revised Code and 298
may impose whichever of the following is applicable:
(1) If division (G)(1) of this section requires that the 300
offender be sentenced to a mandatory term of local incarceration, 301
an additional community control sanction or combination of 303
community control sanctions under section 2929.16 or 2929.17 of 304
the Revised Code; 305
(2) If division (G)(2) of this section requires that the 307
offender be sentenced to a mandatory prison term, an additional 308
prison term as described in division (D)(4) of section 2929.14 of 309
the Revised Code.
(B)(1) Except as provided in division (B)(2), (E), (F), or 312
(G) of this section, in sentencing an offender for a felony of 313
the fourth or fifth degree, the sentencing court shall determine
whether any of the following apply: 315
(a) In committing the offense, the offender caused 317
physical harm to a person. 318
8
(b) In committing the offense, the offender attempted to 321
cause or made an actual threat of physical harm to a person with 322
a deadly weapon.
(c) In committing the offense, the offender attempted to 325
cause or made an actual threat of physical harm to a person, and 326
the offender previously was convicted of an offense that caused 327
physical harm to a person.
(d) The offender held a public office or position of trust 330
and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense 331
or to bring those committing it to justice; or the offender's 332
professional reputation or position facilitated the offense or 333
was likely to influence the future conduct of others. 334
(e) The offender committed the offense for hire or as part 336
of an organized criminal activity. 337
(f) The offense is a sex offense that is a fourth or fifth 340
degree felony violation of section 2907.03, 2907.04, 2907.05, 341
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 342
Revised Code.
(g) The offender previously served a prison term. 344
(h) The offender previously was subject to a community 346
control sanction, and the offender committed another offense 348
while under the sanction.
(2)(a) If the court makes a finding described in division 351
(B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this section 352
and if the court, after considering the factors set forth in 353
section 2929.12 of the Revised Code, finds that a prison term is 355
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code and finds that the 357
offender is not amenable to an available community control 358
sanction, the court shall impose a prison term upon the offender. 359
(b) Except as provided in division (E), (F), or (G) of 361
this section, if the court does not make a finding described in 363
division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this 364
9
section and if the court, after considering the factors set forth 365
in section 2929.12 of the Revised Code, finds that a community 367
control sanction or combination of community control sanctions is 369
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code, the court shall 372
impose a community control sanction or combination of community 373
control sanctions upon the offender. 374
(C) Except as provided in division (E) or (F) of this 377
section, in determining whether to impose a prison term as a 378
sanction for a felony of the third degree or a felony drug 379
offense that is a violation of a provision of Chapter 2925. of 381
the Revised Code and that is specified as being subject to this 384
division for purposes of sentencing, the sentencing court shall 385
comply with the purposes and principles of sentencing under 386
section 2929.11 of the Revised Code and with section 2929.12 of 389
the Revised Code.
(D) Except as provided in division (E) or (F) of this 392
section, for a felony of the first or second degree and for a 393
felony drug offense that is a violation of any provision of 394
Chapter 2925., 3719., or 4729. of the Revised Code for which a 395
presumption in favor of a prison term is specified as being 396
applicable, it is presumed that a prison term is necessary in 397
order to comply with the purposes and principles of sentencing 398
under section 2929.11 of the Revised Code. Notwithstanding the 399
presumption established under this division, the sentencing court 400
may impose a community control sanction or a combination of 401
community control sanctions instead of a prison term on an 402
offender for a felony of the first or second degree or for a 403
felony drug offense that is a violation of any provision of 404
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being 405
applicable if it makes both of the following findings: 407
(1) A community control sanction or a combination of 409
community control sanctions would adequately punish the offender 411
10
and protect the public from future crime, because the applicable 412
factors under section 2929.12 of the Revised Code indicating a 414
lesser likelihood of recidivism outweigh the applicable factors 416
under that section indicating a greater likelihood of recidivism. 418
(2) A community control sanction or a combination of 420
community control sanctions would not demean the seriousness of 422
the offense, because one or more factors under section 2929.12 of 423
the Revised Code that indicate that the offender's conduct was 424
less serious than conduct normally constituting the offense are 425
applicable, and they outweigh the applicable factors under that 426
section that indicate that the offender's conduct was more 427
serious than conduct normally constituting the offense. 428
(E)(1) Except as provided in division (F) of this section, 431
for any drug offense that is a violation of any provision of 432
Chapter 2925. of the Revised Code and that is a felony of the 433
third, fourth, or fifth degree, the applicability of a 434
presumption under division (D) of this section in favor of a 435
prison term or of division (B) or (C) of this section in 436
determining whether to impose a prison term for the offense shall 438
be determined as specified in section 2925.02, 2925.03, 2925.04, 439
2925.05, 2925.06, 2925.07, 2925.11, 2925.13, 2925.22, 2925.23, 440
2925.36, or 2925.37 of the Revised Code, whichever is applicable 443
regarding the violation.
(2) If an offender who was convicted of or pleaded guilty 445
to a felony drug offense in violation of a provision of Chapter 446
2925., 3719., or 4729. of the Revised Code violates the 447
conditions of a community control sanction imposed for the 448
offense solely by possessing or using a controlled substance and 450
if the offender has not failed to meet the conditions of any drug 451
treatment program in which the offender was ordered to
participate as a sanction for the offense, the court, as 452
punishment for the violation of the sanction, shall order that 453
the offender participate in a drug treatment program or in 454
alcoholics anonymous, narcotics anonymous, or a similar program 455
11
if the court determines that an order of that nature is
consistent with the purposes and principles of sentencing set 456
forth in section 2929.11 of the Revised Code. If the court 457
determines that an order of that nature would not be consistent 458
with those purposes and principles or if the offender violated 459
the conditions of a drug treatment program in which the offender 460
participated as a sanction for the offense, the court may impose
on the offender a sanction authorized for the violation of the 461
sanction, including a prison term. 462
(F) Notwithstanding divisions (A) to (E) of this section, 465
the court shall impose a prison term or terms under sections 466
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the 467
Revised Code and except as specifically provided in section 468
2929.20 of the Revised Code or when parole is authorized for the 469
offense under section 2967.13 of the Revised Code, shall not 470
reduce the terms pursuant to section 2929.20, section 2967.193, 471
or any other provision of Chapter 2967. or Chapter 5120. of the 473
Revised Code for any of the following offenses: 474
(1) Aggravated murder when death is not imposed or murder; 476
(2) Any rape, regardless of whether force was involved and 478
regardless of the age of the victim, or an attempt to commit rape 479
by force when the victim is under thirteen years of age; 482
(3) Gross sexual imposition or sexual battery, if the 484
victim is under thirteen years of age, if the offender previously 486
was convicted of or pleaded guilty to rape, the former offense of 487
felonious sexual penetration, gross sexual imposition, or sexual 488
battery, and if the victim of the previous offense was under 490
thirteen years of age;
(4) A felony violation of section 2903.06, 2903.07, or 493
2903.08, 2903.11, 2903.12, OR 2903.13 of the Revised Code if the 494
section requires the imposition of a prison term; 495
(5) A first, second, or third degree felony drug offense 498
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 499
12
4729.99 of the Revised Code, whichever is applicable regarding 501
the violation, requires the imposition of a mandatory prison 502
term;
(6) Any offense that is a first or second degree felony 504
and that is not set forth in division (F)(1), (2), (3), or (4) of 506
this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or second 508
degree felony, or an offense under an existing or former law of 509
this state, another state, or the United States that is or was 510
substantially equivalent to one of those offenses;
(7) Any offense, other than a violation of section 2923.12 512
of the Revised Code, that is a felony, if the offender had a 513
firearm on or about the offender's person or under the offender's 514
control while committing the felony, with respect to a portion of 515
the sentence imposed pursuant to division (D)(1)(a) of section 517
2929.14 of the Revised Code for having the firearm;
(8) Corrupt activity in violation of section 2923.32 of 519
the Revised Code when the most serious offense in the pattern of 521
corrupt activity that is the basis of the offense is a felony of 522
the first degree;
(9) Any sexually violent offense for which the offender 524
also is convicted of or pleads guilty to a sexually violent 525
predator specification that was included in the indictment, count 526
in the indictment, or information charging the sexually violent 527
offense;
(10) A violation of division (A)(1) or (2) of section 529
2921.36 of the Revised Code, or a violation of division (C) of 530
that section involving an item listed in division (A)(1) or (2) 531
of that section, if the offender is an officer or employee of the 532
department of rehabilitation and correction.
(G) Notwithstanding divisions (A) to (E) of this section, 535
if an offender is being sentenced for a fourth degree felony OMVI 536
offense, the court shall impose upon the offender a mandatory
term of local incarceration or a mandatory prison term in 537
13
accordance with the following: 538
(1) Except as provided in division (G)(2) of this section, 540
the court shall impose upon the offender a mandatory term of 541
local incarceration of sixty days as specified in division (A)(4) 542
of section 4511.99 of the Revised Code and shall not reduce the 543
term pursuant to section 2929.20, 2967.193, or any other 544
provision of the Revised Code. The court that imposes a 545
mandatory term of local incarceration under this division shall 546
specify whether the term is to be served in a jail, a 547
community-based correctional facility, a halfway house, or an 548
alternative residential facility, and the offender shall serve 549
the term in the type of facility specified by the court. The 550
court shall not sentence the offender to a prison term and shall 551
not specify that the offender is to serve the mandatory term of
local incarceration in prison. A mandatory term of local 552
incarceration imposed under division (G)(1) of this section is 553
not subject to extension under section 2967.11 of the Revised 554
Code, to a period of post-release control under section 2967.28 555
of the Revised Code, or to any other Revised Code provision that 556
pertains to a prison term.
(2) If the offender previously has been sentenced to a 558
mandatory term of local incarceration pursuant to division (G)(1) 559
of this section for a fourth degree felony OMVI offense, the 560
court shall impose upon the offender a mandatory prison term of 561
sixty days as specified in division (A)(4) of section 4511.99 of 562
the Revised Code and shall not reduce the term pursuant to 563
section 2929.20, 2967.193, or any other provision of the Revised
Code. In no case shall an offender who once has been sentenced 564
to a mandatory term of local incarceration pursuant to division 565
(G)(1) of this section for a fourth degree felony OMVI offense be 566
sentenced to another mandatory term of local incarceration under 567
that division for a fourth degree felony OMVI offense. The court 568
shall not sentence the offender to a community control sanction 569
under section 2929.16 or 2929.17 of the Revised Code. The 570
14
department of rehabilitation and correction may place an offender
sentenced to a mandatory prison term under this division in an 571
intensive program prison established pursuant to section 5120.033 572
of the Revised Code if the department gave the sentencing judge 573
prior notice of its intent to place the offender in an intensive 574
program prison established under that section and if the judge 575
did not notify the department that the judge disapproved the 576
placement. Upon the establishment of the initial intensive
program prison pursuant to section 5120.033 of the Revised Code 577
that is privately operated and managed by a contractor pursuant 578
to a contract entered into under section 9.06 of the Revised 579
Code, both of the following apply:
(a) The department of rehabilitation and correction shall 581
make a reasonable effort to ensure that a sufficient number of 582
offenders sentenced to a mandatory prison term under this 583
division are placed in the privately operated and managed prison 584
so that the privately operated and managed prison has full 585
occupancy.
(b) Unless the privately operated and managed prison has 587
full occupancy, the department of rehabilitation and correction 588
shall not place any offender sentenced to a mandatory prison term 589
under this division in any intensive program prison established 590
pursuant to section 5120.033 of the Revised Code other than the 592
privately operated and managed prison.
(H) If an offender is being sentenced for a sexually 595
oriented offense committed on or after January 1, 1997, the judge 596
shall require the offender to submit to a DNA specimen collection 598
procedure pursuant to section 2901.07 of the Revised Code if 600
either of the following applies:
(1) The offense was a sexually violent offense, and the 602
offender also was convicted of or pleaded guilty to a sexually 603
violent predator specification that was included in the 604
indictment, count in the indictment, or information charging the 605
sexually violent offense.
15
(2) The judge imposing sentence for the sexually oriented 607
offense determines pursuant to division (B) of section 2950.09 of 608
the Revised Code that the offender is a sexual predator. 609
(I) If an offender is being sentenced for a sexually 612
oriented offense committed on or after January 1, 1997, the judge 613
shall include in the sentence a summary of the offender's duty to 615
register pursuant to section 2950.04 of the Revised Code, the 616
offender's duty to provide notice of a change in residence
address and register the new residence address pursuant to 617
section 2950.05 of the Revised Code, the offender's duty to 618
periodically verify the offender's current residence address 619
pursuant to section 2950.06 of the Revised Code, and the duration 620
of the duties. The judge shall inform the offender, at the time 621
of sentencing, of those duties and of their duration and, if
required under division (A)(2) of section 2950.03 of the Revised 623
Code, shall perform the duties specified in that section. 624
Sec. 2937.23. (A)(1) In a case involving a felony OR A 633
VIOLATION OF SECTION 2903.11, 2903.12, OR 2903.13 OF THE REVISED 634
CODE WHEN THE VICTIM OF THE OFFENSE IS A PEACE OFFICER, the judge 636
or magistrate shall fix the amount of bail. In
(2) IN a case involving a misdemeanor or a violation of a 639
municipal ordinance and not involving a felony OR A VIOLATION OF 640
SECTION 2903.11, 2903.12, OR 2903.13 OF THE REVISED CODE WHEN THE 641
VICTIM OF THE OFFENSE IS A PEACE OFFICER, the judge, magistrate, 642
or clerk of the court may fix the amount of bail and may do so in 643
accordance with a schedule previously fixed by the judge or 644
magistrate, or, in a case when. IF the judge, magistrate, or 646
clerk of the court is not readily available, the sheriff, deputy 648
sheriff, marshal, deputy marshal, police officer, or jailer 649
having custody of the person charged may fix the amount of bail 650
in accordance with a schedule previously fixed by the judge or 651
magistrate and shall take the bail only in the county courthouse, 653
the municipal or township building, or the county or municipal
jail. In 654
16
(3) IN all cases, the bail shall be fixed with 656
consideration of the seriousness of the offense charged, the 658
previous criminal record of the defendant, and the probability of 659
the defendant appearing at the trial of the case. 660
(B) In any case involving an alleged violation of section 662
2919.27 of the Revised Code or of a municipal ordinance that is 663
substantially similar to that section and in which the court 664
finds that either of the following criteria applies, the court 665
shall determine whether it will order an evaluation of the mental 666
condition of the defendant pursuant to section 2919.271 of the 667
Revised Code and, if it decides to so order, shall issue the 668
order requiring that evaluation before it sets bail for the 669
person charged with the violation:
(1) Regarding an alleged violation of a protection order 672
issued or consent agreement approved pursuant to section 2919.26 673
or 3113.31 of the Revised Code, that the violation allegedly 675
involves conduct by the defendant that caused physical harm to 677
the person or property of a family or household member covered by 678
the order or agreement or conduct by that defendant that caused a 679
family or household member to believe that the defendant would 680
cause physical harm to that member or that member's property; 681
(2) Regarding an alleged violation of a protection order 684
issued pursuant to section 2903.213 or 2903.214 of the Revised 685
Code, or a protection order issued by a court of another state, 686
as defined in section 2919.27 of the Revised Code, that the 687
violation allegedly involves conduct by the defendant that caused 689
physical harm to the person or property of the person covered by 690
the order or conduct by that defendant that caused the person 691
covered by the order to believe that the defendant would cause 692
physical harm to that person or that person's property. 693
(C) AS USED IN THIS SECTION, "PEACE OFFICER" HAS THE SAME 695
MEANING AS IN SECTION 2935.01 OF THE REVISED CODE. 696
Section 2. That existing sections 2903.11, 2903.12, 698
2903.13, 2929.13, and 2937.23 of the Revised Code are hereby 699
17
repealed.