REPRESENTATIVES DePiero, Hughes, Jones, Hartnett, Olman, Britton, Allen, Goodman, Sullivan, Redfern, Rhine, Distel, Womer Benjamin, Krupinski, Seaver, Cirelli, Jerse, Flowers, Lendrum, Evans, Latta, Seitz, Callender, Reidelbach, Young, Faber, Perry, Sulzer, Grendell, Ogg, G. Smith, Husted, McGregor, Flannery, Brinkman, Metzger, Cates, Niehaus, Sferra, Blasdel, Wilson, Otterman, Reinhard, Carmichael, Kilbane, Roman, Core, Latell, Gilb, Collier, Webster, Buehrer, Coates, Fedor, Salerno, Schmidt, Patton, Clancy, Fessler, Hagan, Driehaus, D. Miller, Hollister, Beatty, Boccieri, Kearns

To amend sections 2151.355, 2152.17, and 2929.14 and

1

to enact section 2941.1412 of the Revised Code to

2

require a mandatory prison term or a commitment to

3

the Department of Youth Services for discharging

4

a firearm at a peace officer or a corrections

5

officer.

6

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 2151.355, 2152.17, and 2929.14 be	7
amended and section 2941.1412 of the Revised Code be enacted to	8
read as follows:	9

Sec. 2151.355.  (A) If a child is adjudicated a delinquent	10
child, the court may make any of the following orders of	11
disposition:	12

(1) Any order that is authorized by section 2151.353 of the	13
Revised Code;	14

(2) Place the child on probation under any conditions that	15
the court prescribes. If the child is adjudicated a delinquent	16
child for violating section 2909.05, 2909.06, or 2909.07 of the	17
Revised Code and if restitution is appropriate under the	18
circumstances of the case, the court shall require the child to	19
make restitution for the property damage caused by the child's	20
violation as a condition of the child's probation. If the child	21
is adjudicated a delinquent child because the child violated any	22
other section of the Revised Code, the court may require the child	23
as a condition of the child's probation to make restitution for	24
the property damage caused by the child's violation and for the	25
value of the property that was the subject of the violation the	26
child committed if it would be a theft offense, as defined in	27
division (K) of section 2913.01 of the Revised Code, if committed	28
by an adult. The restitution may be in the form of a cash	29
reimbursement paid in a lump sum or in installments, the	30
performance of repair work to restore any damaged property to its	31
original condition, the performance of a reasonable amount of	32
labor for the victim approximately equal to the value of the	33
property damage caused by the child's violation or to the value of	34
the property that is the subject of the violation if it would be a	35
theft offense if committed by an adult, the performance of	36
community service or community work, any other form of restitution	37
devised by the court, or any combination of the previously	38
described forms of restitution.	39

If the child is adjudicated a delinquent child for violating	40
a law of this state or the United States, or an ordinance or	41
regulation of a political subdivision of this state, that would be	42
a crime if committed by an adult or for violating division (A) of	43
section 2923.211 of the Revised Code, the court, in addition to	44
all other required or permissive conditions of probation that the	45
court imposes upon the delinquent child pursuant to division	46
(A)(2) of this section, shall require the child as a condition of	47
the child's probation to abide by the law during the period of	48
probation, including, but not limited to, complying with the	49
provisions of Chapter 2923. of the Revised Code relating to the	50
possession, sale, furnishing, transfer, disposition, purchase,	51
acquisition, carrying, conveying, or use of, or other conduct	52
involving, a firearm or dangerous ordnance, as defined in section	53
2923.11 of the Revised Code.	54

(3) Commit the child to the temporary custody of any school,	55
camp, institution, or other facility operated for the care of	56
delinquent children by the county, by a district organized under	57
section 2151.34 or 2151.65 of the Revised Code, or by a private	58
agency or organization, within or without the state, that is	59
authorized and qualified to provide the care, treatment, or	60
placement required;	61

(4) If the child is adjudicated a delinquent child for	62
committing an act that would be a felony of the third, fourth, or	63
fifth degree if committed by an adult or for violating division	64
(A) of section 2923.211 of the Revised Code, commit the child to	65
the legal custody of the department of youth services for	66
institutionalization for an indefinite term consisting of a	67
minimum period of six months and a maximum period not to exceed	68
the child's attainment of twenty-one years of age;	69

(5)(a) If the child is adjudicated a delinquent child for	70
violating section 2903.03, 2905.01, 2909.02, or 2911.01 or	71
division (A) of section 2903.04 of the Revised Code or for	72
violating any provision of section 2907.02 of the Revised Code	73
other than division (A)(1)(b) of that section when the sexual	74
conduct or insertion involved was consensual and when the victim	75
of the violation of division (A)(1)(b) of that section was older	76
than the delinquent child, was the same age as the delinquent	77
child, or was less than three years younger than the delinquent	78
child, commit the child to the legal custody of the department of	79
youth services for institutionalization in a secure facility for	80
an indefinite term consisting of a minimum period of one to three	81
years, as prescribed by the court, and a maximum period not to	82
exceed the child's attainment of twenty-one years of age;	83

(b) If the child is adjudicated a delinquent child for	84
violating section 2923.02 of the Revised Code and if the violation	85
involves an attempt to commit a violation of section 2903.01 or	86
2903.02 of the Revised Code, commit the child to the legal custody	87
of the department of youth services for institutionalization in a	88
secure facility for an indefinite term consisting of a minimum	89
period of six to seven years, as prescribed by the court, and a	90
maximum period not to exceed the child's attainment of twenty-one	91
years of age;	92

(c) If the child is adjudicated a delinquent child for	93
committing an act that is not described in division (A)(5)(a) or	94
(b) of this section and that would be a felony of the first or	95
second degree if committed by an adult, commit the child to the	96
legal custody of the department of youth services for	97
institutionalization in a secure facility for an indefinite term	98
consisting of a minimum period of one year and a maximum period	99
not to exceed the child's attainment of twenty-one years of age.	100

(6) If the child is adjudicated a delinquent child for	101
committing a violation of section 2903.01 or 2903.02 of the	102
Revised Code, commit the child to the legal custody of the	103
department of youth services for institutionalization in a secure	104
facility until the child's attainment of twenty-one years of age;	105

(7)(a) If the child is adjudicated a delinquent child for	106
committing an act, other than a violation of section 2923.12 of	107
the Revised Code, that would be a felony if committed by an adult	108
and is committed to the legal custody of the department of youth	109
services pursuant to division (A)(4), (5), or (6) of this section	110
and if the court determines that the child, if the child was an	111
adult, would be guilty of a specification of the type set forth in	112
section 2941.141, 2941.144, 2941.145, or 2941.146, or 2941.1412 of	113
the Revised Code in relation to the act for which the child was	114
adjudicated a delinquent child, commit the child to the legal	115
custody of the department of youth services for	116
institutionalization in a secure facility for the following period	117
of time, subject to division (A)(7)(d) of this section:	118

(i) If the child would be guilty of a specification of the	119
type set forth in section 2941.141 of the Revised Code, a period	120
of one year;	121

(ii) If the child would be guilty of a specification of the	122
type set forth in section 2941.144, 2941.145, or 2941.146, or	123
2941.1412 of the Revised Code, a period of three years.	124

(b) If the child is adjudicated a delinquent child for	125
committing a category one offense or a category two offense and is	126
committed to the legal custody of the department of youth services	127
pursuant to division (A)(5) or (6) of this section and if the	128
court determines that the child, if the child was an adult, would	129
be guilty of a specification of the type set forth in section	130
2941.142 of the Revised Code in relation to the act for which the	131
child was adjudicated a delinquent child, the court shall commit	132
the child to the legal custody of the department of youth services	133
for institutionalization in a secure facility for a period of not	134
less than one year or more than three years, subject to division	135
(A)(7)(d) of this section.	136

(c) If the child is adjudicated a delinquent child for	137
committing an act that would be an offense of violence that is a	138
felony if committed by an adult and is committed to the legal	139
custody of the department of youth services pursuant to division	140
(A)(4), (5), or (6) of this section and if the court determines	141
that the child, if the child was an adult, would be guilty of a	142
specification of the type set forth in section 2941.1411 of the	143
Revised Code in relation to the act for which the child was	144
adjudicated a delinquent child, the court may commit the child to	145
the custody of the department of youth services for	146
institutionalization in a secure facility for two years, subject	147
to division (A)(7)(d) of this section.	148

(d) A court that imposes a period of commitment under	149
division (A)(7)(a) of this section is not precluded from imposing	150
an additional period of commitment under division (A)(7)(b) or (c)	151
of this section, a court that imposes a period of commitment under	152
division (A)(7)(b) of this section is not precluded from imposing	153
an additional period of commitment under division (A)(7)(a) or (c)	154
of this section, and a court that imposes a period of commitment	155
under division (A)(7)(c) of this section is not precluded from	156
imposing an additional period of commitment under division	157
(A)(7)(a) or (b) of this section. The court shall not commit a	158
child to the legal custody of the department of youth services	159
pursuant to division (A)(7)(a), (b), or (c) of this section for a	160
period of time that exceeds three years. The period of commitment	161
imposed pursuant to division (A)(7)(a), (b), or (c) of this	162
section shall be in addition to, and shall be served consecutively	163
with and prior to, a period of commitment ordered pursuant to	164
division (A)(4), (5), or (6) of this section, provided that the	165
total of all the periods of commitment shall not exceed the	166
child's attainment of twenty-one years of age.	167

(8) Impose a fine and costs in accordance with the schedule	168
set forth in section 2151.3512 of the Revised Code;	169

(9) Require the child to make restitution for all or part of	170
the property damage caused by the child's delinquent act and for	171
all or part of the value of the property that was the subject of	172
any delinquent act the child committed that would be a theft	173
offense, as defined in division (K) of section 2913.01 of the	174
Revised Code, if committed by an adult. If the court determines	175
that the victim of the child's delinquent act was sixty-five years	176
of age or older or permanently and totally disabled at the time of	177
the commission of the act, the court, regardless of whether or not	178
the child knew the age of the victim, shall consider that fact in	179
favor of imposing restitution, but that fact shall not control the	180
decision of the court. The restitution may be in the form of a	181
cash reimbursement paid in a lump sum or in installments, the	182
performance of repair work to restore any damaged property to its	183
original condition, the performance of a reasonable amount of	184
labor for the victim, the performance of community service or	185
community work, any other form of restitution devised by the	186
court, or any combination of the previously described forms of	187
restitution.	188

(10) Subject to division (D) of this section, suspend or	189
revoke the driver's license, probationary driver's license, or	190
temporary instruction permit issued to the child or suspend or	191
revoke the registration of all motor vehicles registered in the	192
name of the child. A child whose license or permit is so	193
suspended or revoked is ineligible for issuance of a license or	194
permit during the period of suspension or revocation. At the end	195
of the period of suspension or revocation, the child shall not be	196
reissued a license or permit until the child has paid any	197
applicable reinstatement fee and complied with all requirements	198
governing license reinstatement.	199

(11) If the child is adjudicated a delinquent child for	200
committing an act that, if committed by an adult, would be a	201
criminal offense that would qualify the adult as an eligible	202
offender pursuant to division (A)(3) of section 2929.23 of the	203
Revised Code, impose a period of electronically monitored house	204
detention in accordance with division (J) of this section that	205
does not exceed the maximum sentence of imprisonment that could be	206
imposed upon an adult who commits the same act;	207

(12) Impose a period of day reporting in which the child is	208
required each day to report to and leave a center or other	209
approved reporting location at specified times in order to	210
participate in work, education or training, treatment, and other	211
approved programs at the center or outside the center;	212

(13) Impose a period of electronically monitored house	213
arrest in accordance with division (J) of this section;	214

(14) Impose a period of community service of up to five	215
hundred hours;	216

(15) Impose a period in an alcohol or drug treatment program	217
with a level of security for the child as determined necessary by	218
the court;	219

(16) Impose a period of intensive supervision, in which the	220
child is required to maintain frequent contact with a person	221
appointed by the court to supervise the child while the child is	222
seeking or maintaining employment and participating in training,	223
education, and treatment programs as the order of disposition;	224

(17) Impose a period of basic supervision, in which the	225
child is required to maintain contact with a person appointed to	226
supervise the child in accordance with sanctions imposed by the	227
court;	228

(18) Impose a period of drug and alcohol use monitoring;

229

(19) Impose a period in which the court orders the child to	230
observe a curfew that may involve daytime or evening hours;	231

(20) Require the child to obtain a high school diploma, a	232
certificate of high school equivalence, or employment;	233

(21) If the court obtains the assent of the victim of the	234
criminal act committed by the child, require the child to	235
participate in a reconciliation or mediation program that includes	236
a meeting in which the child and the victim may discuss the	237
criminal act, discuss restitution, and consider other sanctions	238
for the criminal act;	239

(22) Commit the child to the temporary or permanent custody	240
of the court;	241

(23) Require the child to not be absent without legitimate	242
excuse from the public school the child is supposed to attend for	243
five or more consecutive days, seven or more school days in one	244
school month, or twelve or more school days in a school year;	245

(24)(a) If a child is adjudicated a delinquent child for	246
being a chronic truant or an habitual truant who previously has	247
been adjudicated an unruly child for being an habitual truant, do	248
either or both of the following:	249

(i) Require the child to participate in a truancy prevention	250
mediation program;	251

(ii) Make any order of disposition as authorized by this	252
section, except that the court shall not commit the child to a	253
facility described in division (A)(3) of this section unless the	254
court determines that the child violated a lawful court order made	255
pursuant to division (C)(1)(e) of section 2151.354 of the Revised	256
Code or division (A)(23) of this section.	257

(b) If a child is adjudicated a delinquent child for being a	258
chronic truant or an habitual truant who previously has been	259
adjudicated an unruly child for being an habitual truant and the	260
court determines that the parent, guardian, or other person having	261
care of the child has failed to cause the child's attendance at	262
school in violation of section 3321.38 of the Revised Code, do	263
either or both of the following:	264

(i) Require the parent, guardian, or other person having	265
care of the child to participate in a truancy prevention mediation	266
program;	267

(ii) Require the parent, guardian, or other person having	268
care of the child to participate in any community service program,	269
preferably a community service program that requires the	270
involvement of the parent, guardian, or other person having care	271
of the child in the school attended by the child.	272

(25) Make any further disposition that the court finds	273
proper, except that the child shall not be placed in any state	274
correctional institution, county, multicounty, or municipal jail	275
or workhouse, or other place in which an adult convicted of a	276
crime, under arrest, or charged with a crime is held.	277

(B)(1) If a child is adjudicated a delinquent child for	278
violating section 2923.32 of the Revised Code, the court, in	279
addition to any order of disposition it makes for the child under	280
division (A) of this section, shall enter an order of criminal	281
forfeiture against the child in accordance with divisions (B)(3),	282
(4), (5), and (6) and (C) to (F) of section 2923.32 of the Revised	283
Code.	284

(2) If a child is adjudicated a delinquent child for being a	285
chronic truant or an habitual truant who previously has been	286
adjudicated an unruly child for being an habitual truant and the	287
court determines that the parent, guardian, or other person having	288
care of the child has failed to cause the child's attendance at	289
school in violation of section 3321.38 of the Revised Code, in	290
addition to any order of disposition it makes under this section,	291
the court shall warn the parent, guardian, or other person having	292
care of the child that any subsequent adjudication of the child as	293
an unruly or delinquent child for being an habitual or chronic	294
truant may result in a criminal charge against the parent,	295
guardian, or other person having care of the child for a violation	296
of division (C) of section 2919.21 or section 2919.24 of the	297
Revised Code.	298

(3) If a child is adjudicated a delinquent child for	299
committing two or more acts that would be felonies if committed by	300
an adult and if the court entering the delinquent child	301
adjudication orders the commitment of the child, for two or more	302
of those acts, to the legal custody of the department of youth	303
services for institutionalization or institutionalization in a	304
secure facility pursuant to division (A)(4), (5), or (6) of this	305
section, the court may order that all of the periods of commitment	306
imposed under those divisions for those acts be served	307
consecutively in the legal custody of the department of youth	308
services and, if applicable, be in addition to and commence	309
immediately following the expiration of all periods of commitment	310
that the court imposes pursuant to division (A)(7)(a), (b), or (c)	311
of this section. A court shall not commit a delinquent child to	312
the legal custody of the department of youth services under	313
division (B)(2) of this section for a period that exceeds the	314
child's attainment of twenty-one years of age.	315

(C) If a child is adjudicated a delinquent child for	316
committing an act that, if committed by an adult, would be a drug	317
abuse offense, as defined in section 2925.01 of the Revised Code,	318
or for violating division (B) of section 2917.11 of the Revised	319
Code, in addition to imposing in its discretion any other order of	320
disposition authorized by this section, the court shall do both of	321
the following:	322

(1) Require the child to participate in a drug abuse or	323
alcohol abuse counseling program;	324

(2) Suspend or revoke the temporary instruction permit,	325
probationary driver's license, or driver's license issued to the	326
child for a period of time prescribed by the court or, at the	327
discretion of the court, until the child attends and	328
satisfactorily completes, a drug abuse or alcohol abuse education,	329
intervention, or treatment program specified by the court. During	330
the time the child is attending the program, the court shall	331
retain any temporary instruction permit, probationary driver's	332
license, or driver's license issued to the child, and the court	333
shall return the permit or license when the child satisfactorily	334
completes the program.	335

(D) If a child is adjudicated a delinquent child for	336
violating section 2923.122 of the Revised Code, the court, in	337
addition to any order of disposition it makes for the child under	338
division (A), (B), or (C) of this section, shall revoke the	339
temporary instruction permit and deny the child the issuance of	340
another temporary instruction permit in accordance with division	341
(F)(1)(b) of section 2923.122 of the Revised Code or shall suspend	342
the probationary driver's license, restricted license, or	343
nonresident operating privilege of the child or deny the child the	344
issuance of a probationary driver's license, restricted license,	345
or temporary instruction permit in accordance with division	346
(F)(1)(a), (c), (d), or (e) of section 2923.122 of the Revised	347
Code.	348

(E)(1) At the dispositional hearing and prior to making any	349
disposition pursuant to division (A) of this section, the court	350
shall determine whether a victim of the delinquent act committed	351
by the child was five years of age or younger at the time the	352
delinquent act was committed, whether a victim of the delinquent	353
act sustained physical harm to the victim's person during the	354
commission of or otherwise as a result of the delinquent act,	355
whether a victim of the delinquent act was sixty-five years of age	356
or older or permanently and totally disabled at the time the	357
delinquent act was committed, and whether the delinquent act would	358
have been an offense of violence if committed by an adult. If the	359
victim was five years of age or younger at the time the delinquent	360
act was committed, sustained physical harm to the victim's person	361
during the commission of or otherwise as a result of the	362
delinquent act, or was sixty-five years of age or older or	363
permanently and totally disabled at the time the act was	364
committed, regardless of whether the child knew the age of the	365
victim, and if the act would have been an offense of violence if	366
committed by an adult, the court shall consider those facts in	367
favor of imposing commitment under division (A)(3), (4), (5), or	368
(6) of this section, but those facts shall not control the court's	369
decision.	370

(2) At the dispositional hearing and prior to making any	371
disposition pursuant to division (A)(4), (5), or (6) of this	372
section, the court shall determine whether the delinquent child	373
previously has been adjudicated a delinquent child for a violation	374
of a law or ordinance. If the delinquent child previously has	375
been adjudicated a delinquent child for a violation of a law or	376
ordinance, the court, for purposes of entering an order of	377
disposition for the delinquent child under this section, shall	378
consider the previous delinquent child adjudication as a	379
conviction of a violation of the law or ordinance in determining	380
the degree of offense the current delinquent act would be had it	381
been committed by an adult.	382

(F)(1) When a juvenile court commits a delinquent child to	383
the custody of the department of youth services pursuant to this	384
section, the court shall not designate the specific institution in	385
which the department is to place the child but instead shall	386
specify that the child is to be institutionalized or that the	387
institutionalization is to be in a secure facility if that is	388
required by division (A) of this section.	389

(2) When a juvenile court commits a delinquent child to the	390
custody of the department of youth services, the court shall	391
provide the department with the child's medical records, a copy of	392
the report of any mental examination of the child ordered by the	393
court, the section or sections of the Revised Code violated by the	394
child and the degree of the violation, the warrant to convey the	395
child to the department, a copy of the court's journal entry	396
ordering the commitment of the child to the legal custody of the	397
department, a copy of the arrest record pertaining to the act for	398
which the child was adjudicated a delinquent child, a copy of any	399
victim impact statement pertaining to the act, and any other	400
information concerning the child that the department reasonably	401
requests. The court also shall complete the form for the standard	402
disposition investigation report that is developed and furnished	403
by the department of youth services pursuant to section 5139.04 of	404
the Revised Code and provide the department with the completed	405
form. The department may refuse to accept physical custody of a	406
delinquent child who is committed to the legal custody of the	407
department until the court provides to the department the	408
documents specified in division (F)(2) of this section. No	409
officer or employee of the department who refuses to accept	410
physical custody of a delinquent child who is committed to the	411
legal custody of the department shall be subject to prosecution or	412
contempt of court for the refusal if the court fails to provide	413
the documents specified in division (F)(2) of this section at the	414
time the court transfers the physical custody of the child to the	415
department.	416

(3) Within twenty working days after the department of youth	417
services receives physical custody of a delinquent child from a	418
juvenile court, the court shall provide the department with a	419
certified copy of the child's birth certificate or the child's	420
social security number, or, if the court made all reasonable	421
efforts to obtain the information but was unsuccessful, the court	422
shall provide the department with documentation of the efforts it	423
made to obtain the information.	424

(4) When a juvenile court commits a delinquent child to the	425
custody of the department of youth services, the court shall give	426
notice to the school attended by the child of the child's	427
commitment by sending to that school a copy of the court's journal	428
entry ordering the commitment. As soon as possible after receipt	429
of the notice described in this division, the school shall provide	430
the department with the child's school transcript. However, the	431
department shall not refuse to accept a child committed to it, and	432
a child committed to it shall not be held in a county or district	433
detention home, because of a school's failure to provide the	434
school transcript that it is required to provide under division	435
(F)(4) of this section.	436

(5) The department of youth services shall provide the court	437
and the school with an updated copy of the child's school	438
transcript and shall provide the court with a summary of the	439
institutional record of the child when it releases the child from	440
institutional care. The department also shall provide the court	441
with a copy of any portion of the child's institutional record	442
that the court specifically requests within five working days of	443
the request.	444

(6) When a juvenile court commits a delinquent child to the	445
custody of the department of youth services pursuant to division	446
(A)(4) or (5) of this section, the court shall state in the order	447
of commitment the total number of days that the child has been	448
held, as of the date of the issuance of the order, in detention in	449
connection with the delinquent child complaint upon which the	450
order of commitment is based. The department shall reduce the	451
minimum period of institutionalization or minimum period of	452
institutionalization in a secure facility specified in division	453
(A)(4) or (5) of this section by both the total number of days	454
that the child has been so held in detention as stated by the	455
court in the order of commitment and the total number of any	456
additional days that the child has been held in detention	457
subsequent to the order of commitment but prior to the transfer of	458
physical custody of the child to the department.	459

(G)(1) At any hearing at which a child is adjudicated a	460
delinquent child or as soon as possible after the hearing, the	461
court shall notify all victims of the delinquent act, who may be	462
entitled to a recovery under any of the following sections, of the	463
right of the victims to recover, pursuant to section 3109.09 of	464
the Revised Code, compensatory damages from the child's parents;	465
of the right of the victims to recover, pursuant to section	466
3109.10 of the Revised Code, compensatory damages from the child's	467
parents for willful and malicious assaults committed by the child;	468
and of the right of the victims to recover an award of reparations	469
pursuant to sections 2743.51 to 2743.72 of the Revised Code.	470

(2) If a child is adjudicated a delinquent child for	471
committing an act that, if committed by an adult, would be	472
aggravated murder, murder, rape, felonious sexual penetration in	473
violation of former section 2907.12 of the Revised Code,	474
involuntary manslaughter, a felony of the first or second degree	475
resulting in the death of or physical harm to a person, complicity	476
in or an attempt to commit any of those offenses, or an offense	477
under an existing or former law of this state that is or was	478
substantially equivalent to any of those offenses and if the court	479
in its order of disposition for that act commits the child to the	480
custody of the department of youth services, the court may make a	481
specific finding that the adjudication should be considered a	482
conviction for purposes of a determination in the future, pursuant	483
to Chapter 2929. of the Revised Code, as to whether the child is a	484
repeat violent offender as defined in section 2929.01 of the	485
Revised Code. If the court makes a specific finding as described	486
in this division, it shall include the specific finding in its	487
order of disposition and in the record in the case.	488

(H)(1) If a child is adjudicated a delinquent child for	489
committing an act that would be a felony or offense of violence if	490
committed by an adult, the court, prior to issuing an order of	491
disposition under this section, shall order the preparation of a	492
victim impact statement by the probation department of the county	493
in which the victim of the act resides, by the court's own	494
probation department, or by a victim assistance program that is	495
operated by the state, a county, a municipal corporation, or	496
another governmental entity. The court shall consider the victim	497
impact statement in determining the order of disposition to issue	498
for the child.	499

(2) Each victim impact statement shall identify the victim	500
of the act for which the child was adjudicated a delinquent child,	501
itemize any economic loss suffered by the victim as a result of	502
the act, identify any physical injury suffered by the victim as a	503
result of the act and the seriousness and permanence of the	504
injury, identify any change in the victim's personal welfare or	505
familial relationships as a result of the act and any	506
psychological impact experienced by the victim or the victim's	507
family as a result of the act, and contain any other information	508
related to the impact of the act upon the victim that the court	509
requires.	510

(3) A victim impact statement shall be kept confidential and	511
is not a public record, as defined in section 149.43 of the	512
Revised Code. However, the court may furnish copies of the	513
statement to the department of youth services pursuant to division	514
(F)(3) of this section or to both the adjudicated delinquent child	515
or the adjudicated delinquent child's counsel and the prosecuting	516
attorney. The copy of a victim impact statement furnished by the	517
court to the department pursuant to division (F)(3) of this	518
section shall be kept confidential and is not a public record, as	519
defined in section 149.43 of the Revised Code. The copies of a	520
victim impact statement that are made available to the adjudicated	521
delinquent child or the adjudicated delinquent child's counsel and	522
the prosecuting attorney pursuant to division (H)(3) of this	523
section shall be returned to the court by the person to whom they	524
were made available immediately following the imposition of an	525
order of disposition for the child under this section.	526

(I)(1) Sections 2925.41 to 2925.45 of the Revised Code apply	527
to children who are adjudicated or could be adjudicated by a	528
juvenile court to be delinquent children for an act that, if	529
committed by an adult, would be a felony drug abuse offense.	530
Subject to division (B) of section 2925.42 and division (E) of	531
section 2925.43 of the Revised Code, a delinquent child of that	532
nature loses any right to the possession of, and forfeits to the	533
state any right, title, and interest that the delinquent child may	534
have in, property as defined in section 2925.41 and further	535
described in section 2925.42 or 2925.43 of the Revised Code.	536

(2) Sections 2923.44 to 2923.47 of the Revised Code apply to	537
children who are adjudicated or could be adjudicated by a juvenile	538
court to be delinquent children for an act in violation of section	539
2923.42 of the Revised Code. Subject to division (B) of section	540
2923.44 and division (E) of section 2923.45 of the Revised Code, a	541
delinquent child of that nature loses any right to the possession	542
of, and forfeits to the state any right, title, and interest that	543
the delinquent child may have in, property as defined in section	544
2923.41 of the Revised Code and further described in section	545
2923.44 or 2923.45 of the Revised Code.	546

(J)(1) A juvenile court, pursuant to division (A)(11) of	547
this section, may impose a period of electronically monitored	548
house detention upon a child who is adjudicated a delinquent child	549
for committing an act that, if committed by an adult, would be a	550
criminal offense that would qualify the adult as an eligible	551
offender pursuant to division (A)(3) of section 2929.23 of the	552
Revised Code. The court may impose a period of electronically	553
monitored house detention in addition to or in lieu of any other	554
dispositional order imposed upon the child, except that any period	555
of electronically monitored house detention shall not extend	556
beyond the child's eighteenth birthday. If a court imposes a	557
period of electronically monitored house detention upon a child,	558
it shall require the child to wear, otherwise have attached to the	559
child's person, or otherwise be subject to monitoring by a	560
certified electronic monitoring device or to participate in the	561
operation of and monitoring by a certified electronic monitoring	562
system; to remain in the child's home or other specified premises	563
for the entire period of electronically monitored house detention	564
except when the court permits the child to leave those premises to	565
go to school or to other specified premises; to be monitored by a	566
central system that monitors the certified electronic monitoring	567
device that is attached to the child's person or that otherwise is	568
being used to monitor the child and that can monitor and determine	569
the child's location at any time or at a designated point in time	570
or to be monitored by the certified electronic monitoring system;	571
to report periodically to a person designated by the court; and,	572
in return for receiving a dispositional order of electronically	573
monitored house detention, to enter into a written contract with	574
the court agreeing to comply with all restrictions and	575
requirements imposed by the court, agreeing to pay any fee imposed	576
by the court for the costs of the electronically monitored house	577
detention imposed by the court pursuant to division (E) of section	578
2929.23 of the Revised Code, and agreeing to waive the right to	579
receive credit for any time served on electronically monitored	580
house detention toward the period of any other dispositional order	581
imposed upon the child for the act for which the dispositional	582
order of electronically monitored house detention was imposed if	583
the child violates any of the restrictions or requirements of the	584
dispositional order of electronically monitored house detention.	585
The court also may impose other reasonable restrictions and	586
requirements upon the child.	587

(2) If a child violates any of the restrictions or	588
requirements imposed upon the child as part of the child's	589
dispositional order of electronically monitored house detention,	590
the child shall not receive credit for any time served on	591
electronically monitored house detention toward any other	592
dispositional order imposed upon the child for the act for which	593
the dispositional order of electronically monitored house	594
detention was imposed.	595

(K)(1) Within ten days after completion of the adjudication,	596
the court shall give written notice of an adjudication that a	597
child is a delinquent child to the superintendent of a city,	598
local, exempted village, or joint vocational school district, and	599
to the principal of the school the child attends, if the basis of	600
the adjudication was the commission of an act that would be a	601
criminal offense if committed by an adult, if the act was	602
committed by the delinquent child when the child was fourteen	603
years of age or older, and if the act is any of the following:	604

(a) An act that would be a felony or an offense of violence	605
if committed by an adult, an act in the commission of which the	606
child used or brandished a firearm, or an act that is a violation	607
of section 2907.04, 2907.06, 2907.07, 2907.08, 2907.09, 2907.24,	608
or 2907.241 of the Revised Code and that would be a misdemeanor if	609
committed by an adult;	610

(b) A violation of section 2923.12 of the Revised Code or of	611
a substantially similar municipal ordinance that would be a	612
misdemeanor if committed by an adult and that was committed on	613
property owned or controlled by, or at an activity held under the	614
auspices of, the board of education of that school district;	615

(c) A violation of division (A) of section 2925.03 or	616
2925.11 of the Revised Code that would be a misdemeanor if	617
committed by an adult, that was committed on property owned or	618
controlled by, or at an activity held under the auspices of, the	619
board of education of that school district, and that is not a	620
minor drug possession offense;	621

(d) Complicity in any violation described in division	622
(K)(1)(a) of this section, or complicity in any violation	623
described in division (K)(1)(b) or (c) of this section that was	624
alleged to have been committed in the manner described in division	625
(K)(1)(b) or (c) of this section, and regardless of whether the	626
act of complicity was committed on property owned or controlled	627
by, or at an activity held under the auspices of, the board of	628
education of that school district.	629

(2) The notice given pursuant to division (K)(1) of this	630
section shall include the name of the child who was adjudicated to	631
be a delinquent child, the child's age at the time the child	632
committed the act that was the basis of the adjudication, and	633
identification of the violation of the law or ordinance that was	634
the basis of the adjudication.	635

(L) During the period of a delinquent child's probation	636
granted under division (A)(2) of this section, authorized	637
probation officers who are engaged within the scope of their	638
supervisory duties or responsibilities may search, with or without	639
a warrant, the person of the delinquent child, the place of	640
residence of the delinquent child, and a motor vehicle, another	641
item of tangible or intangible personal property, or other real	642
property in which the delinquent child has a right, title, or	643
interest or for which the delinquent child has the express or	644
implied permission of a person with a right, title, or interest to	645
use, occupy, or possess if the probation officers have reasonable	646
grounds to believe that the delinquent child is not abiding by the	647
law or otherwise is not complying with the conditions of the	648
delinquent child's probation. The court that places a delinquent	649
child on probation under division (A)(2) of this section shall	650
provide the delinquent child with a written notice that informs	651
the delinquent child that authorized probation officers who are	652
engaged within the scope of their supervisory duties or	653
responsibilities may conduct those types of searches during the	654
period of probation if they have reasonable grounds to believe	655
that the delinquent child is not abiding by the law or otherwise	656
is not complying with the conditions of the delinquent child's	657
probation. The court also shall provide the written notice	658
described in division (C)(2)(b) of section 2151.411 of the Revised	659
Code to each parent, guardian, or custodian of the delinquent	660
child who is described in division (C)(2)(a) of that section.	661

(M) As used in this section:

662

(1) "Certified electronic monitoring device," "certified	663
electronic monitoring system," "electronic monitoring device," and	664
"electronic monitoring system" have the same meanings as in	665
section 2929.23 of the Revised Code.	666

(2) "Electronically monitored house detention" means a	667
period of confinement of a child in the child's home or in other	668
premises specified by the court, during which period of	669
confinement all of the following apply:	670

(a) The child wears, otherwise has attached to the child's	671
person, or otherwise is subject to monitoring by a certified	672
electronic monitoring device or is subject to monitoring by a	673
certified electronic monitoring system.	674

(b) The child is required to remain in the child's home or	675
other premises specified by the court for the specified period of	676
confinement, except for periods of time during which the child is	677
at school or at other premises as authorized by the court.	678

(c) The child is subject to monitoring by a central system	679
that monitors the certified electronic monitoring device that is	680
attached to the child's person or that otherwise is being used to	681
monitor the child and that can monitor and determine the child's	682
location at any time or at a designated point in time, or the	683
child is required to participate in monitoring by a certified	684
electronic monitoring system.	685

(d) The child is required by the court to report	686
periodically to a person designated by the court.	687

(e) The child is subject to any other restrictions and	688
requirements that may be imposed by the court.	689

(3) "Felony drug abuse offense" and "minor drug possession	690
offense" have the same meanings as in section 2925.01 of the	691
Revised Code.	692

(4) "Firearm" has the same meaning as in section 2923.11 of	693
the Revised Code.	694

(5) "Sexually oriented offense" has the same meaning as in	695
section 2950.01 of the Revised Code.	696

(6) "Theft offense" has the same meaning as in section	697
2913.01 of the Revised Code.	698

Sec. 2152.17.  (A) Subject to division (D) of this section,	699
if a child is adjudicated a delinquent child for committing an	700
act, other than a violation of section 2923.12 of the Revised	701
Code, that would be a felony if committed by an adult and if the	702
court determines that, if the child was an adult, the child would	703
be guilty of a specification of the type set forth in section	704
2941.141, 2941.144, 2941.145, or 2941.146, or 2941.1412 of the	705
Revised Code, in addition to any commitment or other disposition	706
the court imposes for the underlying delinquent act, all of the	707
following apply:	708

(1) If the court determines that the child would be guilty	709
of a specification of the type set forth in section 2941.141 of	710
the Revised Code, the court may commit the child to the department	711
of youth services for the specification for a definite period of	712
up to one year.	713

(2) If the court determines that the child would be guilty	714
of a specification of the type set forth in section 2941.145 of	715
the Revised Code, the court shall commit the child to the	716
department of youth services for the specification for a definite	717
period of not less than one and not more than three years, and the	718
court also shall commit the child to the department for the	719
underlying delinquent act under sections 2152.11 to 2152.16 of the	720
Revised Code.	721

(3) If the court determines that the child would be guilty	722
of a specification of the type set forth in section 2941.144 or,	723
2941.146, or 2941.1412 of the Revised Code, the court shall commit	724
the child to the department of youth services for the	725
specification for a definite period of not less than one and not	726
more than five years, and the court also shall commit the child to	727
the department for the underlying delinquent act under sections	728
2152.11 to 2152.16 of the Revised Code.	729

(B) Division (A) of this section also applies to a child who	730
is an accomplice to the same extent the firearm specifications	731
would apply to an adult accomplice in a criminal proceeding.	732

(C) If a child is adjudicated a delinquent child for	733
committing an act that would be aggravated murder, murder, or a	734
first, second, or third degree felony offense of violence if	735
committed by an adult and if the court determines that, if the	736
child was an adult, the child would be guilty of a specification	737
of the type set forth in section 2941.142 of the Revised Code in	738
relation to the act for which the child was adjudicated a	739
delinquent child, the court shall commit the child for the	740
specification to the legal custody of the department of youth	741
services for institutionalization in a secure facility for a	742
definite period of not less than one and not more than three	743
years, subject to division (D)(2) of this section, and the court	744
also shall commit the child to the department for the underlying	745
delinquent act.	746

(D)(1) If the child is adjudicated a delinquent child for	747
committing an act that would be an offense of violence that is a	748
felony if committed by an adult and is committed to the legal	749
custody of the department of youth services pursuant to division	750
(A)(4), (5), or (6)(1) of this section 2152.16 of the Revised Code	751
and if the court determines that the child, if the child was an	752
adult, would be guilty of a specification of the type set forth in	753
section 2941.1411 of the Revised Code in relation to the act for	754
which the child was adjudicated a delinquent child, the court may	755
commit the child to the custody of the department of youth	756
services for institutionalization in a secure facility for two	757
years, subject to division (A)(7)(d)(D)(2) of this section.	758

(d)(2) A court that imposes a period of commitment under	759
division (A)(7)(a) of this section is not precluded from imposing	760
an additional period of commitment under division (A)(7)(b)(C) or	761
(c)(D)(1) of this section, a court that imposes a period of	762
commitment under division (A)(7)(b)(C) of this section is not	763
precluded from imposing an additional period of commitment under	764
division (A)(7)(a) or (c)(D)(1) of this section, and a court that	765
imposes a period of commitment under division (A)(7)(c)(D)(1) of	766
this section is not precluded from imposing an additional period	767
of commitment under division (A)(7)(a) or (b)(C) of this section.	768

(E) The court shall not commit a child to the legal custody	769
of the department of youth services for a specification pursuant	770
to this section for a period that exceeds five years for any one	771
delinquent act. Any commitment imposed pursuant to division (A),	772
(B), or (C), or (D)(1) of this section shall be in addition to,	773
and shall be served consecutively with and prior to, a period of	774
commitment ordered under this chapter for the underlying	775
delinquent act, and each commitment imposed pursuant to division	776
(A), (B), or (C), or (D)(1) of this section shall be in addition	777
to, and shall be served consecutively with, any other period of	778
commitment imposed under those divisions. If a commitment is	779
imposed under division (A) or (B) of this section and a commitment	780
also is imposed under division (C) of this section, the period	781
imposed under division (A) or (B) of this section shall be served	782
prior to the period imposed under division (C) of this section.	783

The total of all the periods of commitment imposed for any	784
specification under this section and for the underlying offense	785
shall not exceed the child's attainment of twenty-one years of	786
age.	787

(E)(F) If a child is adjudicated a delinquent child for	788
committing two or more acts that would be felonies if committed by	789
an adult and if the court entering the delinquent child	790
adjudication orders the commitment of the child for two or more of	791
those acts to the legal custody of the department of youth	792
services for institutionalization in a secure facility pursuant to	793
section 2152.13 or 2152.16 orof the Revised Code, the court may	794
order that all of the periods of commitment imposed under those	795
sections for those acts be served consecutively in the legal	796
custody of the department of youth services, provided that those	797
periods of commitment shall be in addition to and commence	798
immediately following the expiration of a period of commitment	799
that the court imposes pursuant to division (A), (B), or (C), or	800
(D)(1) of this section. A court shall not commit a delinquent	801
child to the legal custody of the department of youth services	802
under this division for a period that exceeds the child's	803
attainment of twenty-one years of age.	804

(F)(G) If a child is adjudicated a delinquent child for	805
committing an act that if committed by an adult would be	806
aggravated murder, murder, rape, felonious sexual penetration in	807
violation of former section 2907.12 of the Revised Code,	808
involuntary manslaughter, a felony of the first or second degree	809
resulting in the death of or physical harm to a person, complicity	810
in or an attempt to commit any of those offenses, or an offense	811
under an existing or former law of this state that is or was	812
substantially equivalent to any of those offenses and if the court	813
in its order of disposition for that act commits the child to the	814
custody of the department of youth services, the adjudication	815
shall be considered a conviction for purposes of a future	816
determination pursuant to Chapter 2929. of the Revised Code as to	817
whether the child, as an adult, is a repeat violent offender.	818

Sec. 2929.14.  (A) Except as provided in division (C),	819
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this section and except	820
in relation to an offense for which a sentence of death or life	821
imprisonment is to be imposed, if the court imposing a sentence	822
upon an offender for a felony elects or is required to impose a	823
prison term on the offender pursuant to this chapter and is not	824
prohibited by division (G)(1) of section 2929.13 of the Revised	825
Code from imposing a prison term on the offender, the court shall	826
impose a definite prison term that shall be one of the following:	827

(1) For a felony of the first degree, the prison term shall	828
be three, four, five, six, seven, eight, nine, or ten years.	829

(2) For a felony of the second degree, the prison term	830
shall be two, three, four, five, six, seven, or eight years.	831

(3) For a felony of the third degree, the prison term shall	832
be one, two, three, four, or five years.	833

(4) For a felony of the fourth degree, the prison term	834
shall be six, seven, eight, nine, ten, eleven, twelve, thirteen,	835
fourteen, fifteen, sixteen, seventeen, or eighteen months.	836

(5) For a felony of the fifth degree, the prison term shall	837
be six, seven, eight, nine, ten, eleven, or twelve months.	838

(B) Except as provided in division (C), (D)(1), (D)(2),	839
(D)(3), or (G) of this section, in section 2907.02 of the Revised	840
Code, or in Chapter 2925. of the Revised Code, if the court	841
imposing a sentence upon an offender for a felony elects or is	842
required to impose a prison term on the offender and if the	843
offender previously has not served a prison term, the court shall	844
impose the shortest prison term authorized for the offense	845
pursuant to division (A) of this section, unless the court finds	846
on the record that the shortest prison term will demean the	847
seriousness of the offender's conduct or will not adequately	848
protect the public from future crime by the offender or others.	849

(C) Except as provided in division (G) of this section or in	850
Chapter 2925. of the Revised Code, the court imposing a sentence	851
upon an offender for a felony may impose the longest prison term	852
authorized for the offense pursuant to division (A) of this	853
section only upon offenders who committed the worst forms of the	854
offense, upon offenders who pose the greatest likelihood of	855
committing future crimes, upon certain major drug offenders under	856
division (D)(3) of this section, and upon certain repeat violent	857
offenders in accordance with division (D)(2) of this section.	858

(D)(1)(a) Except as provided in division (D)(1)(e) of this	859
section, if an offender who is convicted of or pleads guilty to a	860
felony also is convicted of or pleads guilty to a specification	861
of the type described in section 2941.141, 2941.144, or	862
2941.145 of the Revised Code, the court shall impose on the	863
offender one of the following prison terms:	864

(i) A prison term of six years if the specification is of	865
the type described in section 2941.144 of the Revised Code that	866
charges the offender with having a firearm that is an automatic	867
firearm or that was equipped with a firearm muffler or silencer	868
on or about the offender's person or under the offender's	869
control while committing the felony;	870

(ii) A prison term of three years if the specification is	871
of the type described in section 2941.145 of the Revised Code	872
that charges the offender with having a firearm on or about the	873
offender's person or under the offender's control while committing	874
the offense and displaying the firearm, brandishing the	875
firearm, indicating that the offender possessed the firearm, or	876
using it to facilitate the offense;	877

(iii) A prison term of one year if the specification is of	878
the type described in section 2941.141 of the Revised Code that	879
charges the offender with having a firearm on or about the	880
offender's person or under the offender's control while	881
committing the felony.	882

(b) If a court imposes a prison term on an offender under	883
division (D)(1)(a) of this section, the prison term shall not be	884
reduced pursuant to section 2929.20, section 2967.193, or any	885
other provision of Chapter 2967. or Chapter 5120. of the Revised	886
Code. A court shall not impose more than one prison term on an	887
offender under division (D)(1)(a) of this section for felonies	888
committed as part of the same act or transaction.	889

(c) Except as provided in division (D)(1)(e) of this	890
section, if an offender who is convicted of or pleads guilty to a	891
violation of section 2923.161 of the Revised Code or to a felony	892
that includes, as an essential element, purposely or knowingly	893
causing or attempting to cause the death of or physical harm to	894
another, also is convicted of or pleads guilty to a specification	895
of the type described in section 2941.146 of the Revised Code	896
that charges the offender with committing the offense by	897
discharging a firearm from a motor vehicle other than a	898
manufactured home, the court, after imposing a prison term on	899
the offender for the violation of section 2923.161 of the	900
Revised Code or for the other felony offense under division	901
(A), (D)(2), or (D)(3) of this section, shall impose an	902
additional prison term of five years upon the offender that	903
shall not be reduced pursuant to section 2929.20, section	904
2967.193, or any other provision of Chapter 2967. or Chapter	905
5120. of the Revised Code. A court shall not impose more than	906
one additional prison term on an offender under division	907
(D)(1)(c) of this section for felonies committed as part of the	908
same act or transaction. If a court imposes an additional prison	909
term on an offender under division (D)(1)(c) of this section	910
relative to an offense, the court also shall impose a prison term	911
under division (D)(1)(a) of this section relative to the same	912
offense, provided the criteria specified in that division for	913
imposing an additional prison term are satisfied relative to the	914
offender and the offense.	915

(d) If an offender who is convicted of or pleads guilty to	916
an offense of violence that is a felony also is convicted of or	917
pleads guilty to a specification of the type described in section	918
2941.1411 of the Revised Code that charges the offender with	919
wearing or carrying body armor while committing the felony	920
offense of violence, the court shall impose on the offender a	921
prison term of two years. The prison term so imposed shall not	922
be reduced pursuant to section 2929.20, section 2967.193, or any	923
other provision of chapterChapter 2967. or chapterChapter 5120.	924
of the Revised Code. A court shall not impose more than one	925
prison term on an offender under division (D)(1)(d) of this	926
section for felonies committed as part of the same act or	927
transaction. If a court imposes an additional prison term under	928
division (D)(1)(a) or (c) of this section, the court is not	929
precluded from imposing an additional prison term under division	930
(D)(1)(d) of this section.	931

(e) The court shall not impose any of the prison terms	932
described in division (D)(1)(a) of this section or any of the	933
additional prison terms described in division (D)(1)(c) of this	934
section upon an offender for a violation of section 2923.12 or	935
2923.123 of the Revised Code. The court shall not impose any of	936
the prison terms described in division (D)(1)(a) of this section	937
or any of the additional prison terms described in division	938
(D)(1)(c) of this section upon an offender for a violation of	939
section 2923.13 of the Revised Code unless all of the following	940
apply:	941

(i) The offender previously has been convicted of	942
aggravated murder, murder, or any felony of the first or second	943
degree.	944

(ii) Less than five years have passed since the offender	945
was released from prison or post-release control, whichever is	946
later, for the prior offense.	947

(f) If an offender is convicted of or pleads guilty to a	948
felony that includes, as an essential element, causing or	949
attempting to cause the death of or physical harm to another and	950
also is convicted of or pleads guilty to a specification of the	951
type described in section 2941.1412 of the Revised Code that	952
charges the offender with committing the offense by discharging a	953
firearm at a peace officer as defined in section 2935.01 of the	954
Revised Code or a corrections officer as defined in section	955
2941.1412 of the Revised Code, the court, after imposing a prison	956
term on the offender for the felony offense under division (A),	957
(D)(2), or (D)(3) of this section, shall impose an additional	958
prison term of seven years upon the offender that shall not be	959
reduced pursuant to section 2929.20, section 2967.193, or any	960
other provision of Chapter 2967. or Chapter 5120. of the Revised	961
Code. A court shall not impose more than one additional prison	962
term on an offender under division (D)(1)(f) of this section for	963
felonies committed as part of the same act or transaction. If a	964
court imposes an additional prison term on an offender under	965
division (D)(1)(f) of this section relative to an offense, the	966
court shall not impose a prison term under division (D)(1)(a) or	967
(c) of this section relative to the same offense.	968

(2)(a) If an offender who is convicted of or pleads guilty	969
to a felony also is convicted of or pleads guilty to a	970
specification of the type described in section 2941.149 of the	971
Revised Code that the offender is a repeat violent offender,	972
the court shall impose a prison term from the range of terms	973
authorized for the offense under division (A) of this section	974
that may be the longest term in the range and that shall not be	975
reduced pursuant to section 2929.20, section 2967.193, or any	976
other provision of Chapter 2967. or Chapter 5120. of the Revised	977
Code. If the court finds that the repeat violent offender, in	978
committing the offense, caused any physical harm that carried a	979
substantial risk of death to a person or that involved	980
substantial permanent incapacity or substantial permanent	981
disfigurement of a person, the court shall impose the longest	982
prison term from the range of terms authorized for the offense	983
under division (A) of this section.	984

(b) If the court imposing a prison term on a repeat violent	985
offender imposes the longest prison term from the range of terms	986
authorized for the offense under division (A) of this section,	987
the court may impose on the offender an additional definite	988
prison term of one, two, three, four, five, six, seven, eight,	989
nine, or ten years if the court finds that both of the following	990
apply with respect to the prison terms imposed on the offender	991
pursuant to division (D)(2)(a) of this section and, if	992
applicable, divisions (D)(1) and (3) of this section:	993

(i) The terms so imposed are inadequate to punish the	994
offender and protect the public from future crime, because the	995
applicable factors under section 2929.12 of the Revised Code	996
indicating a greater likelihood of recidivism outweigh the	997
applicable factors under that section indicating a lesser	998
likelihood of recidivism.	999

(ii) The terms so imposed are demeaning to the seriousness	1000
of the offense, because one or more of the factors under section	1001
2929.12 of the Revised Code indicating that the offender's	1002
conduct is more serious than conduct normally constituting the	1003
offense are present, and they outweigh the applicable factors	1004
under that section indicating that the offender's conduct is	1005
less serious than conduct normally constituting the offense.	1006

(3)(a) Except when an offender commits a violation of	1007
section 2903.01 or 2907.02 of the Revised Code and the penalty	1008
imposed for the violation is life imprisonment or commits a	1009
violation of section 2903.02 of the Revised Code, if the offender	1010
commits a violation of section 2925.03 or 2925.11 of the Revised	1011
Code and that section classifies the offender as a major drug	1012
offender and requires the imposition of a ten-year prison term on	1013
the offender, if the offender commits a felony violation of	1014
section 2925.02, 2925.04, 2925.05, 2925.36, 3719.07, 3719.08,	1015
3719.16, 3719.161, 4729.37, or 4729.61, division (C) or (D) of	1016
section 3719.172, division (C) of section 4729.51, or division	1017
(J) of section 4729.54 of the Revised Code that includes the	1018
sale, offer to sell, or possession of a schedule I or II	1019
controlled substance, with the exception of marihuana, and the	1020
court imposing sentence upon the offender finds that the	1021
offender is guilty of a specification of the type described in	1022
section 2941.1410 of the Revised Code charging that the offender	1023
is a major drug offender, or if the court imposing sentence upon	1024
an offender for a felony finds that the offender is guilty of	1025
corrupt activity with the most serious offense in the pattern of	1026
corrupt activity being a felony of the first degree or is guilty	1027
of an attempted forcible violation of section 2907.02 of the	1028
Revised Code with the victim being under thirteen years of age	1029
and that attempted violation is the felony for which sentence is	1030
being imposed, the court shall impose upon the offender for the	1031
felony violation a ten-year prison term that cannot be reduced	1032
pursuant to section 2929.20 or Chapter 2967. or 5120. of the	1033
Revised Code.	1034

(b) The court imposing a prison term on an offender under	1035
division (D)(3)(a) of this section may impose an additional	1036
prison term of one, two, three, four, five, six, seven, eight,	1037
nine, or ten years, if the court, with respect to the term	1038
imposed under division (D)(3)(a) of this section and, if	1039
applicable, divisions (D)(1) and (2) of this section, makes both	1040
of the findings set forth in divisions (D)(2)(b)(i) and (ii) of	1041
this section.	1042

(4) If the offender is being sentenced for a third or fourth	1043
degree felony OMVI offense under division (G)(2) of section	1044
2929.13 of the Revised Code, the sentencing court shall impose	1045
upon the offender a mandatory prison term in accordance with that	1046
division. In addition to the mandatory prison term, the	1047
sentencing court may sentence the offender to an additional prison	1048
term of any duration specified in division (A)(3) of this section	1049
minus the sixty or one hundred twenty days imposed upon the	1050
offender as the mandatory prison term. The total of the	1051
additional prison term imposed under division (D)(4) of this	1052
section plus the sixty or one hundred twenty days imposed as the	1053
mandatory prison term shall equal one of the authorized prison	1054
terms specified in division (A)(3) of this section. If the court	1055
imposes an additional prison term under division (D)(4) of this	1056
section, the offender shall serve the additional prison term after	1057
the offender has served the mandatory prison term required for	1058
the offense. The court shall not sentence the offender to a	1059
community control sanction under section 2929.16 or 2929.17 of	1060
the Revised Code.	1061

(E)(1)(a) Subject to division (E)(1)(b) of this section, if	1062
a mandatory prison term is imposed upon an offender pursuant to	1063
division (D)(1)(a) of this section for having a firearm on or	1064
about the offender's person or under the offender's control	1065
while committing a felony, if a mandatory prison term is imposed	1066
upon an offender pursuant to division (D)(1)(c) of this section	1067
for committing a felony specified in that division by discharging	1068
a firearm from a motor vehicle, or if both types of mandatory	1069
prison terms are imposed, the offender shall serve any	1070
mandatory prison term imposed under either division	1071
consecutively to any other mandatory prison term imposed under	1072
either division or under division (D)(1)(d) of this section,	1073
consecutively to and prior to any prison term imposed for the	1074
underlying felony pursuant to division (A), (D)(2), or (D)(3) of	1075
this section or any other section of the Revised Code, and	1076
consecutively to any other prison term or mandatory prison term	1077
previously or subsequently imposed upon the offender.	1078

(b) If a mandatory prison term is imposed upon an offender	1079
pursuant to division (D)(1)(d) of this section for wearing or	1080
carrying body armor while committing an offense of violence that	1081
is a felony, the offender shall serve the mandatory term so	1082
imposed consecutively to any other mandatory prison term imposed	1083
under that division or under division (D)(1)(a) or (c) of this	1084
section, consecutively to and prior to any prison term imposed for	1085
the underlying felony under division (A), (D)(2), or (D)(3) of	1086
this section or any other section of the Revised Code, and	1087
consecutively to any other prison term or mandatory prison term	1088
previously or subsequently imposed upon the offender.	1089

(c) If a mandatory prison term is imposed upon an offender	1090
pursuant to division (D)(1)(f) of this section, the offender shall	1091
serve the mandatory prison term so imposed consecutively to and	1092
prior to any prison term imposed for the underlying felony under	1093
division (A), (D)(2), or (D)(3) of this section or any other	1094
section of the Revised Code, and consecutively to any other prison	1095
term or mandatory prison term previously or subsequently imposed	1096
upon the offender.	1097

(2) If an offender who is an inmate in a jail, prison, or	1098
other residential detention facility violates section 2917.02,	1099
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	1100
who is under detention at a detention facility commits a felony	1101
violation of section 2923.131 of the Revised Code, or if an	1102
offender who is an inmate in a jail, prison, or other residential	1103
detention facility or is under detention at a detention facility	1104
commits another felony while the offender is an escapee in	1105
violation of section 2921.34 of the Revised Code, any prison	1106
term imposed upon the offender for one of those violations shall	1107
be served by the offender consecutively to the prison term or	1108
term of imprisonment the offender was serving when the offender	1109
committed that offense and to any other prison term previously	1110
or subsequently imposed upon the offender.	1111

(3) If a prison term is imposed for a violation of division	1112
(B) of section 2911.01 of the Revised Code or if a prison term is	1113
imposed for a felony violation of division (B) of section	1114
2921.331 of the Revised Code, the offender shall serve that	1115
prison term consecutively to any other prison term or mandatory	1116
prison term previously or subsequently imposed upon the	1117
offender.	1118

(4) If multiple prison terms are imposed on an offender for	1119
convictions of multiple offenses, the court may require the	1120
offender to serve the prison terms consecutively if the court	1121
finds that the consecutive service is necessary to protect the	1122
public from future crime or to punish the offender and that	1123
consecutive sentences are not disproportionate to the seriousness	1124
of the offender's conduct and to the danger the offender poses	1125
to the public, and if the court also finds any of the following:	1126

(a) The offender committed the multiple offenses while the	1127
offender was awaiting trial or sentencing, was under a sanction	1128
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the	1129
Revised Code, or was under post-release control for a prior	1130
offense.	1131

(b) The harm caused by the multiple offenses was so great	1132
or unusual that no single prison term for any of the offenses	1133
committed as part of a single course of conduct adequately	1134
reflects the seriousness of the offender's conduct.	1135

(c) The offender's history of criminal conduct demonstrates	1136
that consecutive sentences are necessary to protect the public	1137
from future crime by the offender.	1138

(5) When consecutive prison terms are imposed pursuant to	1139
division (E)(1), (2), (3), or (4) of this section, the term to be	1140
served is the aggregate of all of the terms so imposed.	1141

(F) If a court imposes a prison term of a type described in	1142
division (B) of section 2967.28 of the Revised Code, it shall	1143
include in the sentence a requirement that the offender be	1144
subject to a period of post-release control after the offender's	1145
release from imprisonment, in accordance with that division. If	1146
a court imposes a prison term of a type described in division	1147
(C) of that section, it shall include in the sentence a	1148
requirement that the offender be subject to a period of	1149
post-release control after the offender's release from	1150
imprisonment, in accordance with that division, if the parole	1151
board determines that a period of post-release control is	1152
necessary.	1153

(G) If a person is convicted of or pleads guilty to a	1154
sexually violent offense and also is convicted of or pleads	1155
guilty to a sexually violent predator specification that was	1156
included in the indictment, count in the indictment, or	1157
information charging that offense, the court shall impose	1158
sentence upon the offender in accordance with section 2971.03 of	1159
the Revised Code, and Chapter 2971. of the Revised Code applies	1160
regarding the prison term or term of life imprisonment without	1161
parole imposed upon the offender and the service of that term of	1162
imprisonment.	1163

(H) If a person who has been convicted of or pleaded guilty	1164
to a felony is sentenced to a prison term or term of imprisonment	1165
under this section, sections 2929.02 to 2929.06 of the Revised	1166
Code, section 2971.03 of the Revised Code, or any other provision	1167
of law, section 5120.163 of the Revised Code applies regarding	1168
the person while the person is confined in a state correctional	1169
institution.	1170

(I) If an offender who is convicted of or pleads guilty to a	1171
felony that is an offense of violence also is convicted of or	1172
pleads guilty to a specification of the type described in section	1173
2941.142 of the Revised Code that charges the offender with	1174
having committed the felony while participating in a criminal	1175
gang, the court shall impose upon the offender an additional	1176
prison term of one, two, or three years.	1177

(J) If an offender who is convicted of or pleads guilty to	1178
aggravated murder, murder, or a felony of the first, second, or	1179
third degree that is an offense of violence also is convicted of	1180
or pleads guilty to a specification of the type described in	1181
section 2941.143 of the Revised Code that charges the offender	1182
with having committed the offense in a school safety zone or	1183
towards a person in a school safety zone, the court shall impose	1184
upon the offender an additional prison term of two years. The	1185
offender shall serve the additional two years consecutively to	1186
and prior to the prison term imposed for the underlying offense.	1187

(K) At the time of sentencing, the court shall determine if	1188
an offender is eligible for placement in a program of shock	1189
incarceration under section 5120.031 of the Revised Code or is	1190
eligible for placement in an intensive program prison under	1191
section 5120.032 of the Revised Code. The court may recommend the	1192
offender for placement in a program of shock incarceration, if	1193
eligible, or for placement in an intensive program prison, if	1194
eligible, disapprove placement of the offender in a program of	1195
shock incarceration or in an intensive program prison, regardless	1196
of eligibility, or make no recommendation on placement of the	1197
offender.	1198

If the court disapproves placement of the offender in a	1199
program or prison of that nature, the department of	1200
rehabilitation and correction shall not place the offender in	1201
any program of shock incarceration or intensive program prison.	1202

If the court approves placement of the offender in a program	1203
of shock incarceration or in an intensive program prison, the	1204
department shall notify the court if the offender is subsequently	1205
placed in the recommended program or prison and shall include	1206
with the notice a brief description of the placement.	1207

If the court approves placement of the offender in a program	1208
of shock incarceration or in an intensive program prison and the	1209
department does not subsequently place the offender in the	1210
recommended program or prison, the department shall send a notice	1211
to the court indicating why the offender was not placed in the	1212
recommended program or prison.	1213

If the court does not make a recommendation under this	1214
division with respect to an eligible offender, the department	1215
shall screen the offender and determine if there is an available	1216
program of shock incarceration or an intensive program prison for	1217
which the offender is suited. If there is an available program	1218
of shock incarceration or an intensive program prison for which	1219
the offender is suited, the department shall notify the court of	1220
the proposed placement of the offender and shall include with the	1221
notice a brief description of the placement. The court shall	1222
have ten days from receipt of the notice to disapprove the	1223
placement.	1224

Sec. 2941.1412. (A) Imposition of a seven-year mandatory	1225
prison term upon an offender under division (D)(1)(f) of section	1226
2929.14 of the Revised Code is precluded unless the indictment,	1227
count in the indictment, or information charging the offense	1228
specifies that the offender discharged a firearm at a peace	1229
officer or a corrections officer while committing the offense.	1230
The specification shall be stated at the end of the body of the	1231
indictment, count, or information and shall be in substantially	1232
the following form:	1233

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT).

1234

The Grand Jurors (or insert the person's or the prosecuting	1235
attorney's name when appropriate) further find and specify that	1236
(set forth that the offender discharged a firearm at a peace	1237
officer or a corrections officer while committing the offense)."	1238

(B) As used in this section:

1239

(1) "Firearm" has the same meaning as in section 2923.11 of	1240
the Revised Code.	1241

(2) "Peace officer" has the same meaning as in section	1242
2935.01 of the Revised Code.	1243

(3) "Corrections officer" means a person employed by a	1244
detention facility as a corrections officer.	1245

(4) "Detention facility" has the same meaning as in section	1246
2921.01 of the Revised Code.	1247

Section 2. That existing sections 2151.355, 2152.17, and	1248
2929.14 of the Revised Code are hereby repealed.	1249

Section 3. Section 2152.17 of the Revised Code, as amended by	1251
this act, shall take effect January 1, 2002.	1252

Section 4. The amendment of section 2151.355 of the Revised	1253
Code is not intended to supersede the earlier repeal, with delayed	1254
effective date, of that section.	1255

Section 5. (A) Section 2151.355 of the Revised Code is	1256
presented in this act as a composite of the section as amended by	1257
both Am. Sub. S.B. 181 and Am. Sub. S.B. 222 of the 123rd General	1258
Assembly. The General Assembly, applying the principle stated in	1259
division (B) of section 1.52 of the Revised Code that amendments	1260
are to be harmonized if reasonably capable of simultaneous	1261
operation, finds that the composite is the resulting version of	1262
the section in effect prior to the effective date of the section	1263
as presented in this act.	1264

(B) Section 2152.17 of the Revised Code, as presented in	1265
this act, includes matter that was amended into former section	1266
2151.355 of the Revised Code by Am. Sub. S.B. 222 of the 123rd	1267
General Assembly. Paragraphs of former section 2151.355 of the	1268
Revised Code containing Am. Sub. S.B. 222 amendments were	1269
transferred to section 2152.17 of the Revised Code by Am. Sub.	1270
S.B. 179 of the 123rd General Assembly as part of its general	1271
revision of the juvenile sentencing laws. The General Assembly,	1272
applying the principle stated in division (B) of section 1.52 of	1273
the Revised Code that amendments are to be harmonized if	1274
reasonably capable of simultaneous operation, finds that the	1275
version of section 2152.17 of the Revised Code presented in this	1276
act is the resulting version of the section in effect prior to the	1277
effective date of the section as presented in this act.	1278