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.