As Passed by the House 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-DePIERO- 10
MYERS-WILLAMOWSKI-AMSTUTZ-GRENDELL-BUEHRER-A. CORE-BRADING- 11
VERICH-SULLIVAN-ALLEN-SULZER-BOYD-COUGHLIN-CLANCY-CORBIN- 12
PERRY-THOMAS-FLANNERY-DISTEL-OGG-HOOPS-ROMAN-JERSE-HARTNETT- 13
VESPER-SCHURING-PETERSON-METELSKY-CATES-TRAKAS-GOODMAN-CALVERT- 14
TERWILLEGER-STAPLETON-AUSTRIA-KILBANE-GOODING-KRUPINSKI-SALERNO- 15
D. MILLER-MAIER-ASLANIDES-DAMSCHRODER-BARRETT-OLMAN-JOLIVETTE- 16
BARNES-FORD-PATTON-WILSON-BUCHY 17
_________________________________________________________________ 18
A B I L L
To amend sections 2903.11, 2903.12, 2903.13, 20
2929.13, and 2937.23 of the Revised Code to 21
require the court to impose a mandatory prison
term for felonious assault, aggravated assault, 22
and assault if the victim of the offense is a 23
peace officer and suffers serious physical harm
as a result of the offense and to explicitly 24
require the judge or a magistrate to set bail in
cases involving the felonious assault, aggravated 25
assault, or assault of a peace officer. 26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That sections 2903.11, 2903.12, 2903.13, 30
2929.13, and 2937.23 of the Revised Code be amended to read as 31
follows:
Sec. 2903.11. (A) No person shall knowingly: 40
(1) Cause serious physical harm to another or to another's 42
unborn;
2
(2) Cause or attempt to cause physical harm to another or 44
to another's unborn by means of a deadly weapon or dangerous 45
ordnance, as defined in section 2923.11 of the Revised Code. 46
(B) Whoever violates this section is guilty of felonious 48
assault, a felony of the second degree. If the victim of the 49
offense is a peace officer, as defined in section 2935.01 of the 50
Revised Code, felonious assault is a felony of the first degree. 51
IF THE VICTIM OF THE OFFENSE IS A PEACE OFFICER, AS DEFINED IN 52
SECTION 2935.01 OF THE REVISED CODE, AND IF THE VICTIM SUFFERED 53
SERIOUS PHYSICAL HARM AS A RESULT OF THE COMMISSION OF THE
OFFENSE, FELONIOUS ASSAULT IS A FELONY OF THE FIRST DEGREE, AND 54
THE COURT, PURSUANT TO DIVISION (F) OF SECTION 2929.13 OF THE 55
REVISED CODE, SHALL IMPOSE AS A MANDATORY PRISON TERM ONE OF THE 56
PRISON TERMS PRESCRIBED FOR A FELONY OF THE FIRST DEGREE. 57
Sec. 2903.12. (A) No person, while under the influence of 66
sudden passion or in a sudden fit of rage, either of which is 67
brought on by serious provocation occasioned by the victim that 68
is reasonably sufficient to incite the person into using deadly 69
force, shall knowingly: 70
(1) Cause serious physical harm to another or to another's 72
unborn;
(2) Cause or attempt to cause physical harm to another or 74
to another's unborn by means of a deadly weapon or dangerous 76
ordnance, as defined in section 2923.11 of the Revised Code. 77
(B) Whoever violates this section is guilty of aggravated 79
assault, a felony of the fourth degree. If the victim of the 80
offense is a peace officer, as defined in section 2935.01 of the 81
Revised Code, aggravated assault is a felony of the third degree. 83
IF THE VICTIM OF THE OFFENSE IS A PEACE OFFICER, AS DEFINED IN 84
SECTION 2935.01 OF THE REVISED CODE, AND IF THE VICTIM SUFFERED 85
SERIOUS PHYSICAL HARM AS A RESULT OF THE COMMISSION OF THE
OFFENSE, AGGRAVATED ASSAULT IS A FELONY OF THE THIRD DEGREE, AND 86
THE COURT, PURSUANT TO DIVISION (F) OF SECTION 2929.13 OF THE 87
REVISED CODE, SHALL IMPOSE AS A MANDATORY PRISON TERM ONE OF THE 88
3
PRISON TERMS PRESCRIBED FOR A FELONY OF THE THIRD DEGREE. 89
Sec. 2903.13. (A) No person shall knowingly cause or 98
attempt to cause physical harm to another or to another's unborn. 99
(B) No person shall recklessly cause serious physical harm 101
to another or to another's unborn. 102
(C) Whoever violates this section is guilty of assault. 104
Except as otherwise provided in division (C)(1), (2), or (3) of 105
this section, assault is a misdemeanor of the first degree. 107
(1) Except as otherwise provided in this division, if the 109
offense is committed by a caretaker against a functionally 111
impaired person under the caretaker's care, assault is a felony 112
of the fourth degree. If the offense is committed by a caretaker 113
against a functionally impaired person under the caretaker's 114
care, if the offender previously has been convicted of or pleaded 116
guilty to a violation of this section or section 2903.11 or 117
2903.16 of the Revised Code, and if in relation to the previous 118
conviction the offender was a caretaker and the victim was a 119
functionally impaired person under the offender's care, assault 120
is a felony of the third degree. 121
(2) If the offense is committed in any of the following 123
circumstances, assault is a felony of the fifth degree: 124
(a) The offense occurs in or on the grounds of a state 126
correctional institution or an institution of the department of 127
youth services, the victim of the offense is an employee of the 128
department of rehabilitation and correction, the department of 129
youth services, or a probation department or is on the premises 130
of the particular institution for business purposes or as a 131
visitor, and the offense is committed by a person incarcerated in 132
the state correctional institution, by a person institutionalized 133
in the department of youth services institution pursuant to a 134
commitment to the department of youth services, by a probationer 136
or parolee, by an offender under transitional control, under a 138
community control sanction, or on an escorted visit, by a person
under post-release control, or by an offender under any other 141
4
type of supervision by a government agency.
(b) The offense occurs in or on the grounds of a local 143
correctional facility, the victim of the offense is an employee 144
of the local correctional facility or a probation department or 145
is on the premises of the facility for business purposes or as a 146
visitor, and the offense is committed by a person who is under 147
custody in the facility subsequent to the person's arrest for any 148
crime or delinquent act, subsequent to the person's being charged 150
with or convicted of any crime, or subsequent to the person's 152
being alleged to be or adjudicated a delinquent child. 153
(c) The offense occurs off the grounds of a state 155
correctional institution and off the grounds of an institution of 156
the department of youth services, the victim of the offense is an 157
employee of the department of rehabilitation and correction, the 158
department of youth services, or a probation department, the 159
offense occurs during the employee's official work hours and 160
while the employee is engaged in official work responsibilities, 161
and the offense is committed by a person incarcerated in a state 163
correctional institution or institutionalized in the department 164
of youth services who temporarily is outside of the institution 165
for any purpose, by a probationer or parolee, by an offender 167
under transitional control, under a community control sanction, 168
or on an escorted visit, by a person under post-release control, 169
or by an offender under any other type of supervision by a 170
government agency.
(d) The offense occurs off the grounds of a local 172
correctional facility, the victim of the offense is an employee 173
of the local correctional facility or a probation department, the 174
offense occurs during the employee's official work hours and 175
while the employee is engaged in official work responsibilities, 176
and the offense is committed by a person who is under custody in 177
the facility subsequent to the person's arrest for any crime or 178
delinquent act, subsequent to the person being charged with or 179
convicted of any crime, or subsequent to the person being alleged 180
5
to be or adjudicated a delinquent child and who temporarily is 182
outside of the facility for any purpose or by a probationer or 183
parolee, by an offender under transitional control, under a 184
community control sanction, or on an escorted visit, by a person 185
under post-release control, or by an offender under any other 186
type of supervision by a government agency. 187
(e) The victim of the offense is a school teacher or 189
administrator or a school bus operator, and the offense occurs in 190
a school, on school premises, in a school building, on a school 192
bus, or while the victim is outside of school premises or a 193
school bus and is engaged in duties or official responsibilities 194
associated with the victim's employment or position as a school 196
teacher or administrator or a school bus operator, including, but 197
not limited to, driving, accompanying, or chaperoning students at 198
or on class or field trips, athletic events, or other school 199
extracurricular activities or functions outside of school 200
premises.
(3) If the victim of the offense is a peace officer, a 202
firefighter, or a person performing emergency medical service, 204
while in the performance of their official duties, assault is a 205
felony of the fourth degree. 206
(4) IF THE VICTIM OF THE OFFENSE IS A PEACE OFFICER AND IF 208
THE VICTIM SUFFERED SERIOUS PHYSICAL HARM AS A RESULT OF THE 209
COMMISSION OF THE OFFENSE, ASSAULT IS A FELONY OF THE FOURTH 210
DEGREE, AND THE COURT, PURSUANT TO DIVISION (F) OF SECTION 211
2929.13 OF THE REVISED CODE, SHALL IMPOSE AS A MANDATORY PRISON 212
TERM ONE OF THE PRISON TERMS PRESCRIBED FOR A FELONY OF THE 213
FOURTH DEGREE THAT IS AT LEAST TWELVE MONTHS IN DURATION.
(5) As used in this section: 215
(a) "Peace officer" has the same meaning as in section 217
2935.01 of the Revised Code. 218
(b) "Firefighter" has the same meaning as in section 221
3937.41 of the Revised Code. 222
(c) "Emergency medical service" has the same meaning as in 224
6
section 4765.01 of the Revised Code. 225
(d) "Local correctional facility" means a county, 227
multicounty, municipal, municipal-county, or 228
multicounty-municipal jail or workhouse, a minimum security jail 230
established under section 341.23 or 753.21 of the Revised Code, 231
or another county, multicounty, municipal, municipal-county, or 232
multicounty-municipal facility used for the custody of persons 233
arrested for any crime or delinquent act, persons charged with or 234
convicted of any crime, or persons alleged to be or adjudicated a 235
delinquent child.
(e) "Employee of a local correctional facility" means a 237
person who is an employee of the political subdivision or of one 238
or more of the affiliated political subdivisions that operates 239
the local correctional facility and who operates or assists in 240
the operation of the facility. 241
(f) "School teacher or administrator" means either of the 243
following:
(i) A person who is employed in the public schools of the 245
state under a contract described in section 3319.08 of the 246
Revised Code in a position in which the person is required to 247
have a certificate issued pursuant to sections 3319.22 to 248
3319.311 of the Revised Code.
(ii) A person who is employed by a nonpublic school for 250
which the state board of education prescribes minimum standards 251
under section 3301.07 of the Revised Code and who is certificated 252
in accordance with section 3301.071 of the Revised Code. 253
(g) "Community control sanction" has the same meaning as 255
in section 2929.01 of the Revised Code. 256
(h) "Escorted visit" means an escorted visit granted under 258
section 2967.27 of the Revised Code. 259
(i) "Post-release control" and "transitional control" have 261
the same meanings as in section 2967.01 of the Revised Code. 262
Sec. 2929.13. (A) Except as provided in division (E), 272
(F), or (G) of this section and unless a specific sanction is 273
7
required to be imposed or is precluded from being imposed 274
pursuant to law, a court that imposes a sentence upon an offender 275
for a felony may impose any sanction or combination of sanctions 276
on the offender that are provided in sections 2929.14 to 2929.18 277
of the Revised Code. The sentence shall not impose an 278
unnecessary burden on state or local government resources. 279
If the offender is eligible to be sentenced to community 281
control sanctions, the court shall consider the appropriateness 283
of imposing a financial sanction pursuant to section 2929.18 of 284
the Revised Code or a sanction of community service pursuant to 286
section 2929.17 of the Revised Code as the sole sanction for the 287
offense. Except as otherwise provided in this division, if the 288
court is required to impose a mandatory prison term for the 289
offense for which sentence is being imposed, the court also may 290
impose a financial sanction pursuant to section 2929.18 of the 291
Revised Code but may not impose any additional sanction or 292
combination of sanctions under section 2929.16 or 2929.17 of the 293
Revised Code. 294
If the offender is being sentenced for a fourth degree 296
felony OMVI offense, in addition to the mandatory term of local 297
incarceration or the mandatory prison term required for the 299
offense by division (G)(1) or (2) of this section, the court 301
shall impose upon the offender a mandatory fine in accordance
with division (B)(3) of section 2929.18 of the Revised Code and 304
may impose whichever of the following is applicable:
(1) If division (G)(1) of this section requires that the 306
offender be sentenced to a mandatory term of local incarceration, 307
an additional community control sanction or combination of 309
community control sanctions under section 2929.16 or 2929.17 of 310
the Revised Code; 311
(2) If division (G)(2) of this section requires that the 313
offender be sentenced to a mandatory prison term, an additional 314
prison term as described in division (D)(4) of section 2929.14 of 315
the Revised Code.
8
(B)(1) Except as provided in division (B)(2), (E), (F), or 318
(G) of this section, in sentencing an offender for a felony of 319
the fourth or fifth degree, the sentencing court shall determine
whether any of the following apply: 321
(a) In committing the offense, the offender caused 323
physical harm to a person. 324
(b) In committing the offense, the offender attempted to 327
cause or made an actual threat of physical harm to a person with 328
a deadly weapon.
(c) In committing the offense, the offender attempted to 331
cause or made an actual threat of physical harm to a person, and 332
the offender previously was convicted of an offense that caused 333
physical harm to a person.
(d) The offender held a public office or position of trust 336
and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense 337
or to bring those committing it to justice; or the offender's 338
professional reputation or position facilitated the offense or 339
was likely to influence the future conduct of others. 340
(e) The offender committed the offense for hire or as part 342
of an organized criminal activity. 343
(f) The offense is a sex offense that is a fourth or fifth 346
degree felony violation of section 2907.03, 2907.04, 2907.05, 347
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 348
Revised Code.
(g) The offender previously served a prison term. 350
(h) The offender previously was subject to a community 352
control sanction, and the offender committed another offense 354
while under the sanction.
(2)(a) If the court makes a finding described in division 357
(B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this section 358
and if the court, after considering the factors set forth in 359
section 2929.12 of the Revised Code, finds that a prison term is 361
consistent with the purposes and principles of sentencing set
9
forth in section 2929.11 of the Revised Code and finds that the 363
offender is not amenable to an available community control 364
sanction, the court shall impose a prison term upon the offender. 365
(b) Except as provided in division (E), (F), or (G) of 367
this section, if the court does not make a finding described in 369
division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this 370
section and if the court, after considering the factors set forth 371
in section 2929.12 of the Revised Code, finds that a community 373
control sanction or combination of community control sanctions is 375
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code, the court shall 378
impose a community control sanction or combination of community 379
control sanctions upon the offender. 380
(C) Except as provided in division (E) or (F) of this 383
section, in determining whether to impose a prison term as a 384
sanction for a felony of the third degree or a felony drug 385
offense that is a violation of a provision of Chapter 2925. of 387
the Revised Code and that is specified as being subject to this 390
division for purposes of sentencing, the sentencing court shall 391
comply with the purposes and principles of sentencing under 392
section 2929.11 of the Revised Code and with section 2929.12 of 395
the Revised Code.
(D) Except as provided in division (E) or (F) of this 398
section, for a felony of the first or second degree and for a 399
felony drug offense that is a violation of any provision of 400
Chapter 2925., 3719., or 4729. of the Revised Code for which a 401
presumption in favor of a prison term is specified as being 402
applicable, it is presumed that a prison term is necessary in 403
order to comply with the purposes and principles of sentencing 404
under section 2929.11 of the Revised Code. Notwithstanding the 405
presumption established under this division, the sentencing court 406
may impose a community control sanction or a combination of 407
community control sanctions instead of a prison term on an 408
offender for a felony of the first or second degree or for a 409
10
felony drug offense that is a violation of any provision of 410
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being 411
applicable if it makes both of the following findings: 413
(1) A community control sanction or a combination of 415
community control sanctions would adequately punish the offender 417
and protect the public from future crime, because the applicable 418
factors under section 2929.12 of the Revised Code indicating a 420
lesser likelihood of recidivism outweigh the applicable factors 422
under that section indicating a greater likelihood of recidivism. 424
(2) A community control sanction or a combination of 426
community control sanctions would not demean the seriousness of 428
the offense, because one or more factors under section 2929.12 of 429
the Revised Code that indicate that the offender's conduct was 430
less serious than conduct normally constituting the offense are 431
applicable, and they outweigh the applicable factors under that 432
section that indicate that the offender's conduct was more 433
serious than conduct normally constituting the offense. 434
(E)(1) Except as provided in division (F) of this section, 437
for any drug offense that is a violation of any provision of 438
Chapter 2925. of the Revised Code and that is a felony of the 439
third, fourth, or fifth degree, the applicability of a 440
presumption under division (D) of this section in favor of a 441
prison term or of division (B) or (C) of this section in 442
determining whether to impose a prison term for the offense shall 444
be determined as specified in section 2925.02, 2925.03, 2925.04, 445
2925.05, 2925.06, 2925.07, 2925.11, 2925.13, 2925.22, 2925.23, 446
2925.36, or 2925.37 of the Revised Code, whichever is applicable 449
regarding the violation.
(2) If an offender who was convicted of or pleaded guilty 451
to a felony drug offense in violation of a provision of Chapter 452
2925., 3719., or 4729. of the Revised Code violates the 453
conditions of a community control sanction imposed for the 454
offense solely by possessing or using a controlled substance and 456
11
if the offender has not failed to meet the conditions of any drug 457
treatment program in which the offender was ordered to
participate as a sanction for the offense, the court, as 458
punishment for the violation of the sanction, shall order that 459
the offender participate in a drug treatment program or in 460
alcoholics anonymous, narcotics anonymous, or a similar program 461
if the court determines that an order of that nature is
consistent with the purposes and principles of sentencing set 462
forth in section 2929.11 of the Revised Code. If the court 463
determines that an order of that nature would not be consistent 464
with those purposes and principles or if the offender violated 465
the conditions of a drug treatment program in which the offender 466
participated as a sanction for the offense, the court may impose
on the offender a sanction authorized for the violation of the 467
sanction, including a prison term. 468
(F) Notwithstanding divisions (A) to (E) of this section, 471
the court shall impose a prison term or terms under sections 472
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the 473
Revised Code and except as specifically provided in section 474
2929.20 of the Revised Code or when parole is authorized for the 475
offense under section 2967.13 of the Revised Code, shall not 476
reduce the terms pursuant to section 2929.20, section 2967.193, 477
or any other provision of Chapter 2967. or Chapter 5120. of the 479
Revised Code for any of the following offenses: 480
(1) Aggravated murder when death is not imposed or murder; 482
(2) Any rape, regardless of whether force was involved and 484
regardless of the age of the victim, or an attempt to commit rape 485
by force when the victim is under thirteen years of age; 488
(3) Gross sexual imposition or sexual battery, if the 490
victim is under thirteen years of age, if the offender previously 492
was convicted of or pleaded guilty to rape, the former offense of 493
felonious sexual penetration, gross sexual imposition, or sexual 494
battery, and if the victim of the previous offense was under 496
thirteen years of age;
12
(4) A felony violation of section 2903.06, 2903.07, or 499
2903.08, 2903.11, 2903.12, OR 2903.13 of the Revised Code if the 500
section requires the imposition of a prison term; 501
(5) A first, second, or third degree felony drug offense 504
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 505
4729.99 of the Revised Code, whichever is applicable regarding 507
the violation, requires the imposition of a mandatory prison 508
term;
(6) Any offense that is a first or second degree felony 510
and that is not set forth in division (F)(1), (2), (3), or (4) of 512
this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or second 514
degree felony, or an offense under an existing or former law of 515
this state, another state, or the United States that is or was 516
substantially equivalent to one of those offenses;
(7) Any offense, other than a violation of section 2923.12 518
of the Revised Code, that is a felony, if the offender had a 519
firearm on or about the offender's person or under the offender's 520
control while committing the felony, with respect to a portion of 521
the sentence imposed pursuant to division (D)(1)(a) of section 523
2929.14 of the Revised Code for having the firearm;
(8) Corrupt activity in violation of section 2923.32 of 525
the Revised Code when the most serious offense in the pattern of 527
corrupt activity that is the basis of the offense is a felony of 528
the first degree;
(9) Any sexually violent offense for which the offender 530
also is convicted of or pleads guilty to a sexually violent 531
predator specification that was included in the indictment, count 532
in the indictment, or information charging the sexually violent 533
offense;
(10) A violation of division (A)(1) or (2) of section 535
2921.36 of the Revised Code, or a violation of division (C) of 536
that section involving an item listed in division (A)(1) or (2) 537
13
of that section, if the offender is an officer or employee of the 538
department of rehabilitation and correction.
(G) Notwithstanding divisions (A) to (E) of this section, 541
if an offender is being sentenced for a fourth degree felony OMVI 542
offense, the court shall impose upon the offender a mandatory
term of local incarceration or a mandatory prison term in 543
accordance with the following: 544
(1) Except as provided in division (G)(2) of this section, 546
the court shall impose upon the offender a mandatory term of 547
local incarceration of sixty days as specified in division (A)(4) 548
of section 4511.99 of the Revised Code and shall not reduce the 549
term pursuant to section 2929.20, 2967.193, or any other 550
provision of the Revised Code. The court that imposes a 551
mandatory term of local incarceration under this division shall 552
specify whether the term is to be served in a jail, a 553
community-based correctional facility, a halfway house, or an 554
alternative residential facility, and the offender shall serve 555
the term in the type of facility specified by the court. The 556
court shall not sentence the offender to a prison term and shall 557
not specify that the offender is to serve the mandatory term of
local incarceration in prison. A mandatory term of local 558
incarceration imposed under division (G)(1) of this section is 559
not subject to extension under section 2967.11 of the Revised 560
Code, to a period of post-release control under section 2967.28 561
of the Revised Code, or to any other Revised Code provision that 562
pertains to a prison term.
(2) If the offender previously has been sentenced to a 564
mandatory term of local incarceration pursuant to division (G)(1) 565
of this section for a fourth degree felony OMVI offense, the 566
court shall impose upon the offender a mandatory prison term of 567
sixty days as specified in division (A)(4) of section 4511.99 of 568
the Revised Code and shall not reduce the term pursuant to 569
section 2929.20, 2967.193, or any other provision of the Revised
Code. In no case shall an offender who once has been sentenced 570
14
to a mandatory term of local incarceration pursuant to division 571
(G)(1) of this section for a fourth degree felony OMVI offense be 572
sentenced to another mandatory term of local incarceration under 573
that division for a fourth degree felony OMVI offense. The court 574
shall not sentence the offender to a community control sanction 575
under section 2929.16 or 2929.17 of the Revised Code. The 576
department of rehabilitation and correction may place an offender
sentenced to a mandatory prison term under this division in an 577
intensive program prison established pursuant to section 5120.033 578
of the Revised Code if the department gave the sentencing judge 579
prior notice of its intent to place the offender in an intensive 580
program prison established under that section and if the judge 581
did not notify the department that the judge disapproved the 582
placement. Upon the establishment of the initial intensive
program prison pursuant to section 5120.033 of the Revised Code 583
that is privately operated and managed by a contractor pursuant 584
to a contract entered into under section 9.06 of the Revised 585
Code, both of the following apply:
(a) The department of rehabilitation and correction shall 587
make a reasonable effort to ensure that a sufficient number of 588
offenders sentenced to a mandatory prison term under this 589
division are placed in the privately operated and managed prison 590
so that the privately operated and managed prison has full 591
occupancy.
(b) Unless the privately operated and managed prison has 593
full occupancy, the department of rehabilitation and correction 594
shall not place any offender sentenced to a mandatory prison term 595
under this division in any intensive program prison established 596
pursuant to section 5120.033 of the Revised Code other than the 598
privately operated and managed prison.
(H) If an offender is being sentenced for a sexually 601
oriented offense committed on or after January 1, 1997, the judge 602
shall require the offender to submit to a DNA specimen collection 604
procedure pursuant to section 2901.07 of the Revised Code if 606
15
either of the following applies:
(1) The offense was a sexually violent offense, and the 608
offender also was convicted of or pleaded guilty to a sexually 609
violent predator specification that was included in the 610
indictment, count in the indictment, or information charging the 611
sexually violent offense.
(2) The judge imposing sentence for the sexually oriented 613
offense determines pursuant to division (B) of section 2950.09 of 614
the Revised Code that the offender is a sexual predator. 615
(I) If an offender is being sentenced for a sexually 618
oriented offense committed on or after January 1, 1997, the judge 619
shall include in the sentence a summary of the offender's duty to 621
register pursuant to section 2950.04 of the Revised Code, the 622
offender's duty to provide notice of a change in residence
address and register the new residence address pursuant to 623
section 2950.05 of the Revised Code, the offender's duty to 624
periodically verify the offender's current residence address 625
pursuant to section 2950.06 of the Revised Code, and the duration 626
of the duties. The judge shall inform the offender, at the time 627
of sentencing, of those duties and of their duration and, if
required under division (A)(2) of section 2950.03 of the Revised 629
Code, shall perform the duties specified in that section. 630
Sec. 2937.23. (A)(1) In a case involving a felony OR A 639
VIOLATION OF SECTION 2903.11, 2903.12, OR 2903.13 OF THE REVISED 640
CODE WHEN THE VICTIM OF THE OFFENSE IS A PEACE OFFICER, the judge 642
or magistrate shall fix the amount of bail. In
(2) IN a case involving a misdemeanor or a violation of a 645
municipal ordinance and not involving a felony OR A VIOLATION OF 646
SECTION 2903.11, 2903.12, OR 2903.13 OF THE REVISED CODE WHEN THE 647
VICTIM OF THE OFFENSE IS A PEACE OFFICER, the judge, magistrate, 648
or clerk of the court may fix the amount of bail and may do so in 649
accordance with a schedule previously fixed by the judge or 650
magistrate, or, in a case when. IF the judge, magistrate, or 652
clerk of the court is not readily available, the sheriff, deputy 654
16
sheriff, marshal, deputy marshal, police officer, or jailer 655
having custody of the person charged may fix the amount of bail 656
in accordance with a schedule previously fixed by the judge or 657
magistrate and shall take the bail only in the county courthouse, 659
the municipal or township building, or the county or municipal
jail. In 660
(3) IN all cases, the bail shall be fixed with 662
consideration of the seriousness of the offense charged, the 664
previous criminal record of the defendant, and the probability of 665
the defendant appearing at the trial of the case. 666
(B) In any case involving an alleged violation of section 668
2919.27 of the Revised Code or of a municipal ordinance that is 669
substantially similar to that section and in which the court 670
finds that either of the following criteria applies, the court 671
shall determine whether it will order an evaluation of the mental 672
condition of the defendant pursuant to section 2919.271 of the 673
Revised Code and, if it decides to so order, shall issue the 674
order requiring that evaluation before it sets bail for the 675
person charged with the violation:
(1) Regarding an alleged violation of a protection order 678
issued or consent agreement approved pursuant to section 2919.26 679
or 3113.31 of the Revised Code, that the violation allegedly 681
involves conduct by the defendant that caused physical harm to 683
the person or property of a family or household member covered by 684
the order or agreement or conduct by that defendant that caused a 685
family or household member to believe that the defendant would 686
cause physical harm to that member or that member's property; 687
(2) Regarding an alleged violation of a protection order 690
issued pursuant to section 2903.213 or 2903.214 of the Revised 691
Code, or a protection order issued by a court of another state, 692
as defined in section 2919.27 of the Revised Code, that the 693
violation allegedly involves conduct by the defendant that caused 695
physical harm to the person or property of the person covered by 696
the order or conduct by that defendant that caused the person 697
17
covered by the order to believe that the defendant would cause 698
physical harm to that person or that person's property. 699
(C) AS USED IN THIS SECTION, "PEACE OFFICER" HAS THE SAME 701
MEANING AS IN SECTION 2935.01 OF THE REVISED CODE. 702
Section 2. That existing sections 2903.11, 2903.12, 704
2903.13, 2929.13, and 2937.23 of the Revised Code are hereby 705
repealed.