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.