| Sec. 2152.17. (A) Subject to division (D) of this
section, | 24 |
|
if a child is adjudicated a delinquent child
for committing
an | 25 |
|
act, other than a violation of section 2923.12 of the Revised | 26 |
|
Code, that would be a felony
if committed by an adult and if the | 27 |
|
court determines that, if the child was an
adult, the child would | 28 |
|
be guilty of a
specification of the type set forth in section | 29 |
2941.141, 2941.144,
2941.145,
or 2941.146, 2941.1413, or 2941.1414 | 30 |
|
of the Revised Code, in
addition to
any commitment or other | 31 |
|
disposition the court imposes
for the underlying
delinquent act, | 32 |
|
all of the following apply: | 33 |
| (2) If the court determines that the child would be guilty
of | 39 |
| a
specification of the
type set forth in section 2941.145
or | 40 |
|
2941.1414 of
the Revised Code, the court
shall
commit the child to | 41 |
|
the
department of youth services for the specification for
a | 42 |
|
definite
period of not less than one and not more than three | 43 |
|
years, and the
court also shall commit the child to the department | 44 |
|
for the
underlying delinquent act under sections 2152.11 to | 45 |
|
2152.16 of the
Revised Code. | 46 |
| (3) If the court determines that the child would be guilty
of | 47 |
a
specification of the type set forth in section 2941.144
or, | 48 |
|
2941.146, or 2941.1413 of
the Revised Code, the court shall commit | 49 |
|
the child to
the
department of youth services for the | 50 |
|
specification for a
definite
period of not less than one and not | 51 |
|
more than five years,
and the court also
shall commit the
child to | 52 |
|
the department for
the underlying delinquent act under
sections | 53 |
|
2152.11 to 2152.16 of
the Revised Code. | 54 |
| (C) If a child is adjudicated a delinquent child for | 58 |
|
committing
an act that would be aggravated murder, murder, or a | 59 |
|
first, second, or third
degree felony offense of
violence if | 60 |
|
committed by an adult and if the court
determines that, if the | 61 |
|
child was an adult, the child would be
guilty of a specification | 62 |
|
of the type set forth in section
2941.142 of the Revised Code in | 63 |
|
relation to the act for which the
child was adjudicated a | 64 |
|
delinquent child, the court shall commit
the child for the | 65 |
|
specification to the legal custody of the
department of youth | 66 |
|
services for institutionalization in a secure
facility for a | 67 |
|
definite period of not less than one and not more than three | 68 |
|
years, subject to division
(D)(2) of this section, and the
court | 69 |
|
also
shall commit the child to the department for the underlying | 70 |
|
delinquent act. | 71 |
| (D)(1) If the child is adjudicated a
delinquent child for | 72 |
|
committing an act that would be an offense of
violence that is a | 73 |
|
felony if committed by an adult and is
committed to the legal | 74 |
|
custody of the department of youth services
pursuant to division | 75 |
|
(A)(1) of
section
2152.16 of the Revised Code
and
if
the court | 76 |
|
determines
that the child, if the child was an
adult, would be | 77 |
|
guilty of a
specification of the type set forth in
section | 78 |
|
2941.1411 of the
Revised Code in relation to the act for
which the | 79 |
|
child was
adjudicated a delinquent child, the court may
commit the | 80 |
|
child to
the custody of the department of youth
services for | 81 |
|
institutionalization in a secure facility for
up to
two
years, | 82 |
|
subject
to
division
(D)(2) of this section. | 83 |
| (2) A court that imposes a period of commitment under | 84 |
|
division
(A) of this section is not
precluded from imposing
an | 85 |
|
additional period of commitment under division
(C) or
(D)(1)
of | 86 |
|
this section, a
court that imposes a
period of
commitment under | 87 |
|
division
(C) of this
section is
not
precluded from imposing
an | 88 |
|
additional period of commitment under
division (A) or
(D)(1)
of | 89 |
|
this
section, and a court that
imposes a period of commitment | 90 |
|
under division
(D)(1) of
this
section is not precluded from | 91 |
|
imposing an additional period
of commitment
under division
(A) or | 92 |
|
(C) of
this section. | 93 |
| (E) The court shall not commit a child to the legal custody | 94 |
|
of
the department of youth services for
a specification
pursuant | 95 |
|
to
this section for a period that
exceeds five years
for
any
one | 96 |
|
delinquent act. Any
commitment imposed pursuant to
division (A), | 97 |
|
(B), (C), or
(D)(1) of this
section shall be in addition to,
and | 98 |
|
shall be
served consecutively with and
prior to, a period of | 99 |
|
commitment
ordered under this chapter for the underlying | 100 |
|
delinquent act, and
each commitment imposed
pursuant to division | 101 |
|
(A), (B), (C), or
(D)(1) of
this
section shall be in
addition
to, | 102 |
|
and
shall be
served
consecutively with, any other period of | 103 |
|
commitment
imposed
under
those
divisions. If a commitment is | 104 |
|
imposed under
division
(A) or
(B) of this section and a commitment | 105 |
|
also is
imposed under
division
(C) of
this section, the period | 106 |
|
imposed
under division
(A) or (B)
of this section
shall be served | 107 |
|
prior to
the period
imposed under division (C) of
this section. | 108 |
| (F) If a child is adjudicated a delinquent child for | 116 |
|
committing
two or more acts that would be felonies if committed by | 117 |
|
an adult and if the
court entering the delinquent child | 118 |
|
adjudication
orders the commitment of the child for two or more of | 119 |
|
those acts
to the legal custody of the department of youth | 120 |
|
services for
institutionalization in a secure facility pursuant to | 121 |
|
section
2152.13 or 2152.16
of the Revised Code, the court may | 122 |
|
order that all of the periods of commitment imposed under those | 123 |
|
sections for those acts be served consecutively in the legal | 124 |
|
custody of the
department of youth services, provided that those | 125 |
|
periods of commitment shall
be in addition to and
commence | 126 |
|
immediately following the expiration of a period of commitment | 127 |
|
that the court
imposes pursuant to division (A), (B), (C), or | 128 |
|
(D)(1) of
this section. A court shall not commit a delinquent | 129 |
|
child to
the
legal
custody of the department of youth services | 130 |
|
under this
division for a period that exceeds the child's | 131 |
|
attainment of
twenty-one
years of age. | 132 |
| (G) If a child is adjudicated a delinquent child for | 133 |
|
committing
an act that if committed by an adult would be | 134 |
|
aggravated murder, murder, rape,
felonious sexual penetration in | 135 |
|
violation of
former section 2907.12 of the Revised Code, | 136 |
|
involuntary
manslaughter, a felony of the first or second degree | 137 |
|
resulting in
the death of or physical harm to a person, complicity | 138 |
|
in or an
attempt to commit any of those offenses, or an offense | 139 |
|
under an
existing or former law of this state that is or was | 140 |
|
substantially
equivalent to any of those offenses and if the court | 141 |
|
in its order of
disposition for that act commits the child to the | 142 |
|
custody of the department of
youth services, the adjudication | 143 |
|
shall be considered a conviction for purposes of a future | 144 |
|
determination
pursuant to Chapter 2929. of the Revised Code as to | 145 |
|
whether the child, as an adult, is a repeat violent offender. | 146 |
| (a) As the proximate result of committing, while operating
or | 156 |
| participating in the operation of a motor vehicle or motorcycle
in | 157 |
| a construction zone, a reckless operation or speeding offense, | 158 |
|
provided that this division applies only if the person whose death | 159 |
|
is caused or whose pregnancy is unlawfully terminated is working | 160 |
|
in the construction zone at the time of the offender's commission | 161 |
|
of the reckless operation or speeding offense in the construction | 162 |
|
zone; | 163 |
| (a) Except as otherwise provided in this division,
aggravated | 176 |
|
vehicular homicide committed in violation of division
(A)(1)
or | 177 |
| (2)(a) of this
section is a felony of the second degree.
| 178 |
|
Aggravated vehicular homicide committed in violation of division | 179 |
|
(A)(1)
or (2)(a) of this section is a
felony of the first degree | 180 |
|
if,
at the
time of the offense, the offender was
driving under a | 181 |
|
suspension
imposed under Chapter 4507. or any other
provision of | 182 |
|
the Revised
Code or if
the offender previously has been convicted | 183 |
|
of or
pleaded guilty
to a violation of this section; any | 184 |
|
traffic-related
homicide, manslaughter, or
assault
offense;
three | 185 |
|
prior violations
of section 4511.19 of the Revised Code or
of a | 186 |
|
substantially
equivalent municipal ordinance within the previous | 187 |
|
six
years; or a
second or subsequent felony violation of
division | 188 |
|
(A) of section
4511.19 of the Revised Code. | 189 |
| (b) Except as otherwise provided in this division,
aggravated | 195 |
|
vehicular homicide committed in violation of division
(A)(2)(b) of | 196 |
|
this section is a felony of the third degree.
Aggravated
vehicular | 197 |
| homicide
committed in violation
of division
(A)(2)(b) of
this | 198 |
| section is a felony of the second
degree if, at
the
time of
the | 199 |
| offense, the offender was driving under a
suspension
imposed
under | 200 |
| Chapter 4507. of the Revised Code or any
other
provision
of
the | 201 |
| Revised Code or if the offender previously
has
been convicted
of | 202 |
| or pleaded guilty to
a
violation of this
section
or any | 203 |
|
traffic-related homicide, manslaughter, or
assault
offense. | 204 |
| (2) Whoever violates division (A)(3) of this section is | 210 |
|
guilty of
vehicular homicide. Except as otherwise provided in
this | 211 |
| division,
vehicular homicide is a misdemeanor of the first
degree. | 212 |
|
Vehicular homicide is a felony of the fourth degree if,
at the | 213 |
|
time of the offense, the offender was driving under a
suspension | 214 |
|
or revocation imposed under Chapter 4507. or any other
provision | 215 |
| of the Revised Code
or if the
offender
previously has
been | 216 |
| convicted of or pleaded guilty to a violation of this
section
or | 217 |
| any traffic-related homicide, manslaughter, or assault
offense. | 218 |
| In addition to any other sanctions imposed, the court shall | 219 |
|
suspend the offender's driver's license, commercial driver's | 220 |
|
license,
temporary
instruction permit, probationary license, or | 221 |
|
nonresident operating privilege
for a definite period of one to | 222 |
|
five years pursuant to section 4507.16 of the Revised Code
or, if | 223 |
|
the offender previously has been convicted of or pleaded
guilty to | 224 |
|
a violation of this section or any traffic-related
homicide, | 225 |
|
manslaughter, or assault offense,
for a definite period of two to | 226 |
|
ten years pursuant to that section. | 227 |
| (3) Whoever violates division (A)(4) of this section is | 228 |
|
guilty of
vehicular manslaughter. Except as otherwise provided in | 229 |
|
this division,
vehicular manslaughter is a misdemeanor of the | 230 |
|
second
degree. Vehicular manslaughter is a misdemeanor of the | 231 |
|
first
degree if, at the time of the offense, the offender was | 232 |
|
driving
under a suspension imposed under Chapter 4507. of the | 233 |
|
Revised Code
or if the offender previously has been convicted of | 234 |
|
or pleaded guilty to a
violation of this section or any | 235 |
|
traffic-related homicide, manslaughter, or
assault offense. | 236 |
| In addition to any other sanctions imposed, the court shall | 237 |
|
suspend the offender's driver's license, commercial driver's | 238 |
|
license,
temporary
instruction permit, probationary license, or | 239 |
|
nonresident operating privilege
for a definite period of three | 240 |
|
months to two years pursuant to section 4507.16
of the Revised | 241 |
|
Code
or, if the offender previously has been convicted of or | 242 |
|
pleaded guilty to a
violation of this
section or any | 243 |
|
traffic-related homicide, manslaughter, or assault
offense, for a | 244 |
|
definite period of one to five years pursuant to that section. | 245 |
| (C) The court shall impose a mandatory prison term on an | 246 |
|
offender who
is convicted of or pleads guilty to a violation of | 247 |
|
division (A)(1)
of this section.
The court shall impose a | 248 |
|
mandatory prison term on an offender who is convicted of or pleads | 249 |
|
guilty to a violation of division (A)(2)(a) of this section if the | 250 |
|
offender previously has been convicted of or pleaded guilty to a | 251 |
|
violation of this section or section 2903.08 of the Revised Code. | 252 |
|
The court shall impose a
mandatory prison term on an
offender who | 253 |
|
is convicted of or pleads
guilty to a
violation of division | 254 |
|
(A)(2)(b)
or (3) of this section if
either of
the following | 255 |
|
applies: | 256 |
| (b)
"Traffic-related homicide,
manslaughter, or assault | 265 |
|
offense"
means a violation of section 2903.04 of the Revised Code | 266 |
|
in
circumstances in which division (D) of that section applies, a | 267 |
|
violation of section 2903.06 or 2903.08 of the Revised Code, or a | 268 |
|
violation of section 2903.06, 2903.07, or 2903.08 of the Revised | 269 |
Code as they existed prior
to the effective date of this
amendment | 270 |
| March 23, 2000. | 271 |
| (2) For the purposes of this section, when a penalty or | 278 |
|
suspension is enhanced because of a prior or current violation of | 279 |
|
a specified law or a prior or current specified offense, the | 280 |
|
reference to the violation of the specified law or the specified | 281 |
|
offense includes any violation of any substantially equivalent | 282 |
|
municipal ordinance, former law of this state, or current or | 283 |
|
former law of another state or the United States. | 284 |
|
(a) Cause physical harm to another person or another's
unborn | 295 |
| as the proximate result of committing, while operating or | 296 |
|
participating in the operation of a motor vehicle or motorcycle in | 297 |
|
a construction zone, a reckless operation or speeding offense, | 298 |
|
provided that this division applies only if the person who is | 299 |
|
physically harmed or whose unborn is physically harmed is working | 300 |
|
in the construction zone at the time of the offender's commission | 301 |
|
of the reckless operation or speeding offense in the construction | 302 |
|
zone; | 303 |
| (B)(1) Whoever violates division (A)(1) of this
section is | 306 |
|
guilty of aggravated
vehicular assault. Except as otherwise | 307 |
|
provided in this
division, aggravated vehicular assault is a | 308 |
|
felony of the
third degree.
Aggravated vehicular assault is a | 309 |
|
felony of the second degree if,
at the time of the offense, the | 310 |
|
offender was driving under a suspension
imposed under Chapter | 311 |
|
4507. or any other provision of the Revised Code or if
the | 312 |
|
offender previously has been convicted of or
pleaded guilty to a | 313 |
|
violation of this
section;
any traffic-related homicide, | 314 |
|
manslaughter, or assault offense;
three prior violations of | 315 |
|
section 4511.19 of the Revised Code or a
substantially equivalent | 316 |
|
municipal ordinance within the previous
six years; or a second or | 317 |
|
subsequent felony violation of division (A)
of section 4511.19 of | 318 |
|
the Revised Code. | 319 |
| In addition to any other sanctions imposed, the court shall | 320 |
|
suspend the offender's driver's license,
commercial driver's | 321 |
|
license, temporary instruction permit, probationary
license, or | 322 |
|
nonresident operating privilege
for a definite period of two to | 323 |
|
ten years pursuant to section 4507.16 of the Revised Code or,
if | 324 |
|
the offender
previously has been convicted of or pleaded guilty to | 325 |
|
a violation of this
section or any traffic-related homicide, | 326 |
|
manslaughter, or assault
offense, for a definite period of three | 327 |
|
years to life pursuant to that
section. | 328 |
| (2) Whoever violates division (A)(2)(a) or (b) of this | 329 |
|
section
is guilty of
vehicular assault. Except as otherwise | 330 |
|
provided in
this division, vehicular
assault is a felony of the | 331 |
|
fourth degree.
Vehicular assault is a felony of the third degree | 332 |
|
if, at the time
of the offense, the offender was driving under a | 333 |
|
suspension
imposed under Chapter 4507. of the Revised Code or if | 334 |
|
the offender
previously has been convicted of or pleaded guilty to | 335 |
|
a violation
of this section or any traffic-related homicide, | 336 |
|
manslaughter, or
assault offense. | 337 |
| In addition to any other sanctions imposed, the court shall | 338 |
|
suspend the offender's driver's license,
commercial driver's | 339 |
|
license, temporary instruction permit, probationary
license, or | 340 |
|
nonresident operating privilege
for a definite period of one to | 341 |
|
five years pursuant to section 4507.16 of the
Revised Code
or, if | 342 |
|
the offender
previously has been convicted of or pleaded guilty to | 343 |
|
a violation of this
section or any traffic-related homicide, | 344 |
|
manslaughter, or assault
offense, for a definite period of two to | 345 |
|
ten years pursuant to that
section. | 346 |
| (C) The court shall impose a mandatory prison term on an | 347 |
|
offender who
is convicted of or pleads guilty to a violation of | 348 |
|
division (A)(1)
of this section.
The court shall impose a | 349 |
|
mandatory prison term on an offender who is convicted of or pleads | 350 |
|
guilty to a violation of division (A)(2)(a) of this section if the | 351 |
|
offender previously has been convicted of or pleaded guilty to a | 352 |
|
violation of this section or section 2903.06 of the Revised Code. | 353 |
| The court shall impose a mandatory prison term on an
offender who | 354 |
|
is convicted of or pleads guilty to a
violation of division | 355 |
|
(A)(2)(b)
of this section if either of the
following applies: | 356 |
| (E) For the purposes of this section, when a penalty or | 373 |
|
suspension is enhanced because of a prior or current violation of | 374 |
|
a
specified law or a prior or current specified offense, the | 375 |
|
reference to
the violation of the specified law or the specified | 376 |
|
offense
includes any violation of any substantially equivalent | 377 |
|
municipal
ordinance, former law of this state, or current or | 378 |
|
former law of
another state or the United States. | 379 |
| (b) It has received the appropriate license or certificate | 388 |
|
for any
specialized education, training, treatment, habilitation, | 389 |
|
or
other service that it provides from the government agency that | 390 |
|
is responsible for licensing or certifying that type of
education, | 391 |
|
training, treatment, habilitation, or service. | 392 |
| (B) "Bad time" means the time by which the parole board | 396 |
|
administratively extends an offender's stated prison term or terms | 397 |
|
pursuant to
section 2967.11 of the Revised Code because the parole | 398 |
|
board
finds by clear and convincing evidence that the
offender, | 399 |
|
while serving the prison term or terms, committed an
act that is a | 400 |
|
criminal offense under the law of this state or the
United States, | 401 |
|
whether or not the offender is prosecuted for
the commission of | 402 |
|
that act. | 403 |
| (L) "Drug treatment program" means
any program under which a | 436 |
|
person undergoes assessment and treatment designed
to
reduce or | 437 |
|
completely eliminate the person's physical or emotional reliance | 438 |
|
upon alcohol, another drug, or alcohol and another drug and under | 439 |
|
which the person may be required to
receive assessment and | 440 |
|
treatment on an outpatient basis or may be required to
reside at a | 441 |
|
facility other than the person's home or residence while | 442 |
|
undergoing assessment and treatment. | 443 |
| (T) "Intensive probation supervision" means a
requirement | 484 |
|
that an offender maintain frequent contact with a
person appointed | 485 |
|
by the court, or by the parole board pursuant to section
2967.28 | 486 |
|
of the Revised Code, to supervise the offender while the
offender | 487 |
|
is seeking or maintaining necessary employment and
participating | 488 |
|
in training, education, and treatment programs as
required in the | 489 |
|
court's or parole board's order. "Intensive
probation
supervision" | 490 |
| includes intensive parole supervision and intensive
post-release | 491 |
| control supervision. | 492 |
| (W) "License violation report" means
a report that is made
by | 499 |
| a sentencing court, or by the parole board pursuant
to section | 500 |
|
2967.28 of the Revised Code, to the regulatory or
licensing board | 501 |
|
or agency that issued an offender a professional
license or a | 502 |
|
license or permit to do business
in this state and that specifies | 503 |
|
that the offender has been
convicted of or pleaded guilty to an | 504 |
|
offense that may violate the
conditions under which the offender's | 505 |
|
professional license or
license or permit to do business in this | 506 |
|
state was granted or an offense
for which the offender's | 507 |
|
professional license or license or permit to do
business in this | 508 |
|
state may be revoked or suspended. | 509 |
| (X) "Major drug offender" means an
offender who is convicted | 510 |
|
of or pleads guilty to the possession
of, sale of, or offer to | 511 |
|
sell any drug, compound, mixture,
preparation, or substance that | 512 |
|
consists of or contains at least
one thousand grams of hashish; at | 513 |
|
least one hundred
grams of crack cocaine; at least one thousand | 514 |
|
grams of cocaine that is not
crack cocaine; at least two thousand | 515 |
|
five hundred unit doses or two
hundred fifty grams of
heroin; at | 516 |
|
least five thousand unit doses of
L.S.D. or five hundred grams of | 517 |
|
L.S.D. in a
liquid concentrate, liquid extract, or liquid | 518 |
|
distillate form; or at least
one hundred times the
amount of any | 519 |
|
other schedule I or II controlled
substance other than marihuana | 520 |
|
that is necessary to commit a
felony of the third degree pursuant | 521 |
|
to section 2925.03, 2925.04,
2925.05, or 2925.11 of the Revised | 522 |
|
Code
that is based on the possession of, sale of, or offer to sell | 523 |
|
the
controlled substance. | 524 |
| (1) Subject to division (Y)(2) of this section,
the term in | 526 |
|
prison that must be imposed for the offenses or
circumstances set | 527 |
|
forth in divisions (F)(1) to (8) or
(F)(12) to (14) of section | 528 |
|
2929.13 and
division (D) of section 2929.14 of the
Revised Code. | 529 |
| Except as
provided in sections
2925.02, 2925.03, 2925.04, 2925.05, | 530 |
| and
2925.11 of the
Revised Code, unless the maximum or another | 531 |
|
specific term is required under section 2929.14 of the
Revised | 532 |
|
Code, a mandatory prison term described in this division may be | 533 |
|
any prison term authorized for the level of offense. | 534 |
| (1) The person has been convicted of or has pleaded
guilty | 568 |
|
to, and is being sentenced for committing, for
complicity in | 569 |
|
committing, or for an attempt to commit, aggravated murder, | 570 |
|
murder, involuntary manslaughter, a felony of the first degree | 571 |
|
other than one set forth in Chapter 2925. of the Revised
Code, a | 572 |
|
felony of the first degree set forth in Chapter
2925. of the | 573 |
|
Revised Code that involved an attempt
to cause serious physical | 574 |
|
harm to a person or that resulted in serious
physical harm to a | 575 |
|
person, or a
felony of the second degree that involved an attempt | 576 |
|
to cause serious physical
harm to a person
or that resulted in | 577 |
|
serious physical harm to a person. | 578 |
| (i) Aggravated murder, murder, involuntary manslaughter, | 583 |
|
rape, felonious
sexual penetration as it existed under
section | 584 |
|
2907.12 of the Revised Code prior to September 3,
1996, a felony | 585 |
|
of the first or second degree that resulted in the death
of a | 586 |
|
person or in physical harm to a person, or complicity in or an | 587 |
|
attempt
to commit any of those offenses; | 588 |
| (GG) "Stated prison term" means the
prison term, mandatory | 607 |
|
prison term, or combination of all
prison terms and mandatory | 608 |
|
prison terms imposed by the
sentencing court pursuant to section | 609 |
|
2929.14 or 2971.03 of the
Revised Code. "Stated prison term" | 610 |
|
includes any credit received by the offender for time spent in | 611 |
|
jail awaiting trial, sentencing, or transfer to prison for the | 612 |
|
offense and any time spent under house arrest or electronically | 613 |
|
monitored house arrest imposed after earning credits pursuant to | 614 |
|
section 2967.193 of the Revised Code. | 615 |
| (JJ) "Mandatory term of local
incarceration" means the term | 625 |
|
of sixty or one hundred twenty days in a jail, a
community-based | 626 |
|
correctional facility, a halfway house, or an alternative | 627 |
|
residential facility that a sentencing court may impose upon a | 628 |
|
person who is convicted of or pleads guilty to a fourth degree | 629 |
|
felony
OMVI offense pursuant to division (G)(1) of section
2929.13 | 630 |
|
of the Revised Code and division (A)(4) or (8) of section 4511.99 | 631 |
|
of
the
Revised Code. | 632 |
| (MM) An offense is "committed in the vicinity of a child"
if | 641 |
|
the offender commits the offense within thirty feet of or within | 642 |
|
the same
residential unit as a child who
is under eighteen years | 643 |
|
of age, regardless of whether the offender knows the
age of the | 644 |
|
child or whether the offender knows the offense is
being committed | 645 |
|
within thirty feet of or within the same residential unit as
the | 646 |
|
child and regardless of whether the child actually views the | 647 |
|
commission of
the offense. | 648 |
| Sec. 2929.13. (A) Except as provided in
division (E), (F), | 665 |
|
or (G) of this section and unless a
specific sanction is required | 666 |
|
to be imposed or is precluded from
being imposed pursuant to law, | 667 |
|
a court that imposes a sentence
upon an offender for a felony may | 668 |
|
impose any sanction or
combination of sanctions on the offender | 669 |
|
that are provided in
sections 2929.14 to 2929.18 of the Revised | 670 |
|
Code. The sentence shall not impose an unnecessary
burden on
state | 671 |
| or local government resources. | 672 |
| If the offender is eligible to be sentenced to community | 673 |
|
control sanctions,
the court shall consider the
appropriateness of | 674 |
|
imposing a financial sanction pursuant to
section 2929.18 of the | 675 |
|
Revised Code or
a sanction of community service
pursuant to | 676 |
|
section 2929.17 of the Revised Code
as the sole sanction for the | 677 |
|
offense. Except as otherwise provided in this
division, if the | 678 |
|
court is required
to impose a mandatory prison term for the | 679 |
|
offense for which
sentence is being imposed, the court also may | 680 |
|
impose a financial
sanction pursuant to section 2929.18 of the | 681 |
|
Revised
Code but may not impose any additional sanction or | 682 |
|
combination of sanctions under section 2929.16 or 2929.17 of the | 683 |
|
Revised Code. | 684 |
| If the offender is being sentenced for a fourth degree felony | 685 |
|
OMVI offense or for a third degree felony OMVI offense, in | 686 |
|
addition
to the mandatory term of local
incarceration or the | 687 |
|
mandatory prison term required for
the offense by
division (G)(1) | 688 |
|
or (2) of this section, the
court shall impose upon the offender a | 689 |
|
mandatory fine in accordance with
division (B)(3) of section | 690 |
|
2929.18 of the
Revised Code
and may impose whichever of the | 691 |
|
following is applicable: | 692 |
| (2)(a) If the court makes a finding
described in division | 734 |
|
(B)(1)(a), (b), (c), (d), (e), (f), (g),
(h), or (i) of this | 735 |
|
section and if the court, after
considering the factors set forth | 736 |
|
in section 2929.12 of the
Revised Code, finds that a prison term | 737 |
|
is consistent with the purposes and principles of sentencing set | 738 |
|
forth in section 2929.11 of the Revised
Code and finds that the | 739 |
|
offender is not amenable to an available
community control | 740 |
|
sanction, the court shall impose a
prison term upon the offender. | 741 |
| (b) Except as provided in division (E), (F), or (G) of this | 742 |
|
section, if the
court does not make a
finding described in | 743 |
|
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or
(i) of | 744 |
|
this section and if the court, after
considering the factors set | 745 |
|
forth in section 2929.12 of the
Revised
Code, finds that a | 746 |
|
community
control sanction or combination of community control | 747 |
|
sanctions
is consistent with the purposes and principles of | 748 |
|
sentencing set
forth in section 2929.11 of the
Revised
Code, the | 749 |
|
court shall impose a
community control sanction or combination of | 750 |
|
community control
sanctions upon the offender. | 751 |
| (C) Except as provided in division (E), (F), or (G) of this | 752 |
|
section, in
determining whether to impose a prison
term as a | 753 |
|
sanction for a felony of the
third degree or a felony drug offense | 754 |
|
that is a
violation of a provision of
Chapter 2925. of the
Revised | 755 |
|
Code and that is specified as
being subject to this division for | 756 |
|
purposes of sentencing, the
sentencing court shall comply with the | 757 |
|
purposes and principles
of sentencing under section 2929.11 of the | 758 |
|
Revised
Code and with section 2929.12
of the Revised Code. | 759 |
| (D) Except as provided in division (E)
or (F) of this | 760 |
|
section, for a felony of the first or
second degree and for a | 761 |
|
felony drug offense that is a violation
of any provision of | 762 |
|
Chapter 2925., 3719., or 4729. of the
Revised Code for which a | 763 |
|
presumption in favor of
a prison term is specified as being | 764 |
|
applicable, it is presumed
that a prison term is necessary in | 765 |
|
order to comply
with the purposes and principles of sentencing | 766 |
|
under section 2929.11 of the
Revised Code. Notwithstanding the | 767 |
|
presumption established
under this division, the sentencing court | 768 |
|
may
impose a community control sanction or a combination of | 769 |
|
community control
sanctions instead of a prison term on an | 770 |
|
offender for a felony of the first or
second degree or for a | 771 |
|
felony drug offense that is a violation of any
provision of | 772 |
|
Chapter 2925., 3719., or 4729. of the Revised Code for which a | 773 |
|
presumption in favor of a prison term is specified as being | 774 |
|
applicable if
it makes both of
the following findings: | 775 |
| (2) A community control sanction or a combination of | 782 |
|
community control
sanctions would not
demean the seriousness of | 783 |
|
the offense, because one or more
factors under section 2929.12 of | 784 |
|
the Revised
Code that indicate that the offender's conduct was | 785 |
|
less serious than
conduct normally constituting the offense are | 786 |
|
applicable, and they outweigh
the applicable factors under that | 787 |
|
section that indicate that the
offender's conduct was more
serious | 788 |
|
than conduct normally constituting the offense. | 789 |
| (E)(1) Except as provided in division
(F) of this section, | 790 |
|
for any drug offense that is a
violation of any provision of | 791 |
|
Chapter 2925.
of the Revised Code and that is a felony of the | 792 |
|
third, fourth, or fifth degree, the applicability of a
presumption | 793 |
|
under division (D) of this section in favor of a prison
term or of | 794 |
|
division (B) or (C) of this section in
determining
whether to | 795 |
|
impose a prison term for the offense shall be
determined as | 796 |
|
specified in section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, | 797 |
|
2925.11, 2925.13, 2925.22, 2925.23,
2925.36, or
2925.37
of the | 798 |
|
Revised Code,
whichever is applicable regarding the
violation. | 799 |
| (F) Notwithstanding divisions (A) to
(E) of this section,
the | 814 |
| court shall impose a prison
term or terms under sections
2929.02 | 815 |
| to 2929.06, section 2929.14, or section
2971.03 of the
Revised | 816 |
| Code and except as specifically provided in
section
2929.20 or | 817 |
| 2967.191 of the Revised Code or when parole is
authorized for the | 818 |
| offense under section 2967.13 of the Revised
Code shall not reduce | 819 |
| the terms pursuant to section 2929.20,
section
2967.193, or any | 820 |
| other provision of
Chapter 2967. or
Chapter 5120. of
the Revised | 821 |
| Code for any of the following
offenses: | 822 |
| (5) A first, second, or third degree felony drug
offense for | 838 |
|
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, | 839 |
|
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or | 840 |
|
4729.99 of the Revised Code, whichever is
applicable regarding the | 841 |
|
violation, requires the imposition of a
mandatory prison term; | 842 |
| (6) Any offense that is a first or second degree felony
and | 843 |
|
that is not set forth in division (F)(1), (2), (3), or (4)
of this | 844 |
|
section, if the offender previously was convicted of or
pleaded | 845 |
|
guilty to aggravated murder, murder, any first or
second degree | 846 |
|
felony, or an offense under an existing or former law
of this | 847 |
|
state, another state, or the United States that is
or was | 848 |
|
substantially equivalent to one of those offenses; | 849 |
|
(14) A violation of division (A)(1) or (2) of section 2903.06 | 884 |
| of the Revised Code if the offender has been convicted of or | 885 |
| pleaded guilty to three violations of division (A) or (B) of | 886 |
| section 4511.19 of the Revised Code or an equivalent offense, as | 887 |
| defined in section 2941.1414 of the Revised Code, with respect to | 888 |
| the portion of the sentence imposed pursuant to division (D)(5) of | 889 |
| section 2929.14 of the Revised Code. | 890 |
| (1) If the offender is being sentenced for a fourth degree | 896 |
|
felony
OMVI offense, the court may impose upon the offender a | 897 |
|
mandatory term
of local incarceration
of sixty days as specified | 898 |
|
in division (A)(4) of section 4511.99 of
the Revised Code or a | 899 |
|
mandatory term of local incarceration of one hundred
twenty days | 900 |
|
as specified in division (A)(8) of that section. The court
shall | 901 |
|
not reduce the term pursuant to
section 2929.20, 2967.193, or any | 902 |
|
other provision of the Revised
Code. The court that imposes a | 903 |
|
mandatory term of local incarceration
under this division shall | 904 |
|
specify whether the term is to be served in a
jail, a | 905 |
|
community-based correctional
facility, a halfway house, or an | 906 |
|
alternative residential facility, and the
offender shall serve the | 907 |
|
term in the type of facility specified
by the court. A mandatory | 908 |
|
term of local incarceration imposed
under division (G)(1) of this | 909 |
|
section is not subject to extension
under section 2967.11 of the | 910 |
|
Revised Code, to a period of post-release control
under section | 911 |
|
2967.28 of the Revised Code, or to any other Revised Code | 912 |
|
provision that pertains to a prison term. | 913 |
| (2) If the offender is being sentenced for a third
degree | 914 |
|
felony OMVI offense,
or if the offender is being sentenced for a | 915 |
|
fourth degree felony OMVI
offense and the court does not impose a | 916 |
|
mandatory term of local incarceration
under division (G)(1) of | 917 |
|
this section, the court shall impose upon the
offender a mandatory | 918 |
|
prison term of sixty days as specified in division (A)(4)
of | 919 |
|
section 4511.99 of the Revised Code
or a mandatory prison term of | 920 |
|
one hundred twenty days as specified in division
(A)(8) of that | 921 |
|
section. The court shall not reduce the term pursuant
to section | 922 |
|
2929.20, 2967.193, or any other provision of the Revised Code. In | 923 |
|
no case shall an offender who once has been sentenced to a | 924 |
|
mandatory term
of local incarceration pursuant to division (G)(1) | 925 |
|
of this section for a
fourth degree felony OMVI offense be | 926 |
|
sentenced to another mandatory
term of local incarceration under | 927 |
|
that division for any violation of division
(A) of section 4511.19 | 928 |
|
of the Revised Code. The court shall not sentence the
offender to | 929 |
|
a
community control sanction under section 2929.16 or 2929.17 of | 930 |
|
the Revised
Code. The department of rehabilitation and correction | 931 |
|
may place an offender
sentenced to a mandatory prison term under | 932 |
|
this division in an intensive
program prison established pursuant | 933 |
|
to section 5120.033 of the Revised
Code if the department gave the | 934 |
|
sentencing judge prior notice of its intent to
place the offender | 935 |
|
in an intensive program prison established under that
section and | 936 |
|
if the judge did not notify the department that the judge | 937 |
|
disapproved the placement. Upon the establishment of the initial | 938 |
|
intensive
program prison pursuant to section 5120.033 of the | 939 |
|
Revised Code that is privately operated
and managed by a | 940 |
|
contractor pursuant to a contract entered into under section
9.06 | 941 |
|
of the Revised Code, both of the following apply: | 942 |
| (I) If an offender is being sentenced
for a sexually
oriented | 967 |
| offense committed on or after January 1,
1997, the judge
shall | 968 |
|
include in the sentence a summary of the
offender's duty to | 969 |
|
register pursuant to section 2950.04 of the Revised Code,
the | 970 |
|
offender's duty to provide notice of a change in residence address | 971 |
|
and
register the new residence address pursuant to section 2950.05 | 972 |
|
of the Revised
Code, the offender's duty to periodically verify | 973 |
|
the offender's current
residence address pursuant to section | 974 |
|
2950.06 of the Revised Code, and the
duration of the duties. The | 975 |
|
judge shall inform the offender, at the
time of sentencing, of | 976 |
|
those duties and of their duration and, if required
under division | 977 |
|
(A)(2) of section 2950.03 of
the Revised Code, shall perform the | 978 |
|
duties specified in that
section. | 979 |
| (J)(1) Except as
provided in division (J)(2) of
this
section, | 980 |
| when considering sentencing factors under this
section in
relation | 981 |
| to an offender who is convicted of or pleads
guilty to an
attempt | 982 |
| to commit an offense in violation of
section 2923.02 of
the | 983 |
| Revised Code, the sentencing court
shall consider the factors | 984 |
|
applicable to the felony category of
the violation of section | 985 |
|
2923.02 of the Revised
Code instead of the factors
applicable to | 986 |
|
the felony category of the offense
attempted. | 987 |
| (2) When considering sentencing factors under this
section
in | 988 |
| relation to an offender who is convicted of or pleads
guilty to
an | 989 |
| attempt to commit a drug abuse offense for which
the penalty is | 990 |
|
determined by the amount or number of unit doses
of the controlled | 991 |
|
substance involved in the drug abuse offense,
the sentencing court | 992 |
|
shall consider the factors applicable to
the felony category that | 993 |
|
the drug abuse offense attempted would
be if that drug abuse | 994 |
|
offense had been committed and had
involved an amount or number of | 995 |
|
unit doses of the controlled
substance that is within the next | 996 |
|
lower range of controlled substance amounts
than was involved in | 997 |
|
the attempt. | 998 |
| Sec. 2929.14. (A) Except as provided in
division (C), | 1001 |
|
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), or (G) of this | 1002 |
|
section and except
in relation to an offense for which a sentence | 1003 |
|
of death or life
imprisonment is to be imposed, if the court | 1004 |
|
imposing a sentence
upon an offender for a felony elects or is | 1005 |
|
required to impose a
prison term on the offender pursuant to this | 1006 |
|
chapter and is not
prohibited by division (G)(1) of section | 1007 |
| 2929.13 of the
Revised
Code from imposing a prison term on the | 1008 |
| offender, the court shall
impose a definite prison term that shall | 1009 |
|
be one of the following: | 1010 |
| (4) For a felony of the fourth degree, the prison term
shall | 1017 |
|
be six, seven, eight, nine, ten, eleven, twelve, thirteen, | 1018 |
|
fourteen, fifteen, sixteen, seventeen, or eighteen months. | 1019 |
| (B) Except as provided in division (C),
(D)(1), (D)(2), | 1022 |
|
(D)(3), (D)(5), (D)(6), or (G) of this section, in section 2907.02 | 1023 |
|
of the Revised
Code, or in Chapter
2925. of the Revised Code, if | 1024 |
| the court
imposing a sentence upon an offender for a felony elects | 1025 |
| or is
required to impose a prison term on the offender, the court | 1026 |
| shall
impose the shortest prison term authorized for the offense | 1027 |
|
pursuant to division (A) of this section, unless
one or more
of | 1028 |
|
the following applies: | 1029 |
| (C) Except as provided in division (G) of this section or in | 1036 |
|
Chapter 2925. of
the Revised Code, the court imposing a sentence | 1037 |
|
upon an
offender for a felony may impose the longest prison term | 1038 |
|
authorized for the offense pursuant to division (A) of
this | 1039 |
|
section only upon offenders who committed the worst forms of
the | 1040 |
|
offense, upon offenders who pose the greatest likelihood of | 1041 |
|
committing future crimes, upon certain major drug offenders under | 1042 |
|
division (D)(3) of this section, and upon certain repeat
violent | 1043 |
|
offenders in accordance with division (D)(2) of
this section. | 1044 |
| (b) If a
court imposes a prison term on
an
offender under | 1069 |
|
division (D)(1)(a) of this section, the prison
term shall not be | 1070 |
|
reduced pursuant to section 2929.20, section 2967.193,
or
any | 1071 |
|
other provision of Chapter 2967. or Chapter 5120. of the
Revised | 1072 |
|
Code. A court shall not
impose more than one prison term on an | 1073 |
|
offender under
division (D)(1)(a) of this section for felonies | 1074 |
|
committed as part of
the same act or transaction. | 1075 |
| (c) Except as provided in division
(D)(1)(e)
of this
section, | 1076 |
| if an offender who is convicted of or pleads
guilty to a
violation | 1077 |
| of section 2923.161 of the
Revised
Code or to a felony
that | 1078 |
| includes,
as an essential element, purposely or knowingly
causing | 1079 |
| or
attempting to cause the death of or physical harm to
another, | 1080 |
|
also is convicted of or pleads guilty to a specification
of the | 1081 |
|
type described in section 2941.146 of the
Revised
Code that | 1082 |
|
charges the offender
with committing the offense by discharging a | 1083 |
|
firearm from a
motor vehicle other than a manufactured
home, the | 1084 |
|
court, after imposing
a prison term on the offender for the | 1085 |
|
violation of section
2923.161 of the Revised
Code or for the other | 1086 |
|
felony
offense under division (A), (D)(2), or (D)(3) of this | 1087 |
|
section, shall
impose an additional prison term of five years upon | 1088 |
|
the offender
that shall not be reduced pursuant to section | 1089 |
|
2929.20, section 2967.193, or
any other provision of Chapter 2967. | 1090 |
|
or Chapter 5120. of the Revised Code. A
court shall not impose | 1091 |
|
more than one additional prison term on an offender under
division | 1092 |
|
(D)(1)(c) of this section for felonies committed as
part of the | 1093 |
|
same
act or transaction. If a court imposes an additional prison | 1094 |
|
term on an
offender under division (D)(1)(c) of this section | 1095 |
|
relative to an offense, the court also shall
impose a prison term | 1096 |
|
under division
(D)(1)(a) of this section
relative to the same | 1097 |
|
offense, provided the criteria specified in that division
for | 1098 |
|
imposing an additional prison term are satisfied relative to the | 1099 |
|
offender
and the offense. | 1100 |
| (d)
If an offender who is convicted of or pleads guilty to
an | 1101 |
| offense
of violence that is a felony also is convicted of or | 1102 |
|
pleads guilty to a
specification of the type described in section | 1103 |
|
2941.1411 of the Revised Code that charges the
offender with | 1104 |
|
wearing or carrying body armor
while committing the felony offense | 1105 |
|
of violence, the court shall
impose on the offender a prison term | 1106 |
|
of two years. The prison
term so imposed shall not be reduced | 1107 |
|
pursuant to section 2929.20,
section 2967.193, or any other | 1108 |
|
provision of
Chapter 2967. or
Chapter 5120. of the
Revised Code.
A | 1109 |
| court shall not impose more
than one prison term
on an offender | 1110 |
|
under division
(D)(1)(d) of this section for
felonies committed as | 1111 |
|
part of
the same act or transaction. If a
court imposes an | 1112 |
|
additional prison
term under division (D)(1)(a)
or (c)
of this | 1113 |
|
section, the
court is not precluded from imposing
an additional | 1114 |
|
prison term under
division (D)(1)(d) of this
section. | 1115 |
| (e) The court shall not impose any of the
prison terms | 1116 |
|
described in division
(D)(1)(a)
of this section or any of the | 1117 |
|
additional prison terms described in
division (D)(1)(c) of this | 1118 |
|
section upon an
offender for a
violation of section
2923.12 or | 1119 |
|
2923.123 of the Revised Code. The court shall not
impose any of | 1120 |
|
the prison terms described in
division
(D)(1)(a) of this section | 1121 |
|
or any of the additional prison terms
described in division | 1122 |
|
(D)(1)(c) of this section
upon an offender for a violation of | 1123 |
|
section 2923.13 of the
Revised Code unless all of the following | 1124 |
|
apply: | 1125 |
| (2)(a) If an offender who is
convicted of or pleads guilty
to | 1131 |
| a felony also is convicted of or pleads
guilty to a
specification | 1132 |
| of the type described in section 2941.149 of the
Revised Code
that | 1133 |
| the
offender is a repeat
violent offender, the
court shall
impose | 1134 |
| a prison term from the range of terms
authorized for the offense | 1135 |
|
under division (A) of this section
that
may be the longest term in | 1136 |
| the range and that shall not be reduced
pursuant to section | 1137 |
| 2929.20, section 2967.193, or
any other
provision of Chapter 2967. | 1138 |
| or Chapter 5120. of the
Revised
Code.
If the court finds that the | 1139 |
|
repeat violent offender, in committing
the offense, caused any | 1140 |
|
physical harm that carried a substantial
risk of death to a
person | 1141 |
| or that involved substantial permanent
incapacity or
substantial | 1142 |
| permanent disfigurement of a person,
the
court shall impose the | 1143 |
| longest prison term from the range of terms
authorized for the | 1144 |
|
offense under division (A) of this section. | 1145 |
| (b) If the court imposing a prison term on a
repeat violent | 1146 |
|
offender imposes the longest prison term
from the range of terms | 1147 |
|
authorized for the offense under division
(A) of this section, the | 1148 |
|
court may impose on the offender
an additional definite prison | 1149 |
|
term of one, two, three, four,
five, six, seven, eight, nine, or | 1150 |
|
ten years if the court finds
that both of the following apply with | 1151 |
|
respect to the prison terms
imposed on the offender pursuant to | 1152 |
|
division
(D)(2)(a) of this section and, if
applicable, divisions | 1153 |
|
(D)(1) and (3) of this section: | 1154 |
| (ii) The terms so imposed are demeaning to the
seriousness
of | 1161 |
| the offense, because one or more of the factors
under section | 1162 |
|
2929.12 of the Revised Code
indicating that the offender's conduct | 1163 |
|
is more serious than conduct normally
constituting the offense are | 1164 |
|
present, and they outweigh the applicable
factors under that | 1165 |
|
section indicating that the offender's
conduct is
less serious | 1166 |
|
than conduct normally constituting the offense. | 1167 |
| (3)(a) Except when an offender commits a
violation of
section | 1168 |
| 2903.01 or 2907.02 of the
Revised Code and the penalty
imposed for | 1169 |
| the
violation is life imprisonment or commits a
violation of | 1170 |
| section
2903.02 of the Revised Code, if the offender
commits a | 1171 |
| violation of section 2925.03 or 2925.11 of
the Revised
Code and | 1172 |
| that section classifies the offender as a major drug
offender and | 1173 |
| requires the
imposition of a ten-year prison term on
the offender, | 1174 |
| if
the offender commits a felony violation of
section 2925.02, | 1175 |
|
2925.04, 2925.05,
2925.36, 3719.07, 3719.08,
3719.16, 3719.161, | 1176 |
| 4729.37, or
4729.61, division (C) or (D) of
section 3719.172, | 1177 |
| division
(C) of section 4729.51, or division (J)
of section | 1178 |
| 4729.54
of the Revised Code that includes the sale,
offer to sell, | 1179 |
|
or possession of a schedule
I or II controlled
substance, with the | 1180 |
| exception of
marihuana, and the
court imposing
sentence upon the | 1181 |
| offender finds
that the offender is guilty of a
specification of | 1182 |
| the type
described in section 2941.1410 of the
Revised Code | 1183 |
| charging
that the offender is a
major drug offender,
if the court | 1184 |
| imposing sentence upon an offender for
a felony
finds
that the | 1185 |
| offender is guilty
of corrupt activity with the
most
serious | 1186 |
| offense in the pattern
of corrupt activity being a
felony
of the | 1187 |
| first degree, or if the offender is guilty of
an attempted | 1188 |
|
violation of section 2907.02 of the Revised Code and, had the | 1189 |
|
offender completed the violation of section 2907.02 of the Revised | 1190 |
|
Code that was attempted, the offender would have been subject to a | 1191 |
|
sentence of life imprisonment or life imprisonment without parole | 1192 |
|
for the violation of section 2907.02 of the Revised Code, the | 1193 |
|
court shall
impose upon
the offender for the felony violation a | 1194 |
|
ten-year
prison term that
cannot be reduced pursuant to section | 1195 |
|
2929.20 or
Chapter
2967. or 5120. of the Revised Code. | 1196 |
| (b) The court imposing a prison term on an
offender under | 1197 |
|
division (D)(3)(a) of this
section may impose an additional prison | 1198 |
|
term of one, two, three,
four, five, six, seven, eight, nine, or | 1199 |
|
ten years, if the court,
with respect to the term imposed under | 1200 |
|
division
(D)(3)(a) of this section and, if
applicable, divisions | 1201 |
|
(D)(1) and (2) of this section,
makes both of the findings set | 1202 |
|
forth in divisions
(D)(2)(b)(i) and (ii) of this section. | 1203 |
| (4) If the offender is being sentenced for a third or fourth | 1204 |
|
degree felony
OMVI offense under division (G)(2) of section | 1205 |
|
2929.13 of the Revised
Code,
the sentencing court shall impose | 1206 |
|
upon the offender a mandatory prison term in
accordance with that | 1207 |
|
division. In addition to the mandatory prison term, the
sentencing | 1208 |
| court may sentence the offender to an additional prison
term of | 1209 |
| any
duration specified in division (A)(3) of this section
minus | 1210 |
| the sixty or one
hundred twenty days imposed upon the
offender as | 1211 |
| the mandatory prison term.
The total of the
additional prison term | 1212 |
| imposed under division (D)(4) of this
section
plus the sixty or | 1213 |
| one hundred twenty days imposed as the
mandatory prison term
shall | 1214 |
| equal one of
the authorized prison
terms specified in division | 1215 |
| (A)(3) of this section. If
the court
imposes an additional prison | 1216 |
| term under division (D)(4) of this
section, the offender shall | 1217 |
| serve the additional prison term after
the
offender has served the | 1218 |
| mandatory prison term required for the
offense. The
court shall | 1219 |
| not sentence the offender to a community
control sanction under | 1220 |
|
section 2929.16 or 2929.17 of the Revised
Code. | 1221 |
| (5) If an offender is convicted of or pleads guilty to a | 1222 |
|
violation of division (A)(1) or (2) of section 2903.06 of the | 1223 |
|
Revised Code and also is convicted of or pleads guilty to a | 1224 |
|
specification of the type described in section 2941.1413 of the | 1225 |
|
Revised Code that charges that the victim of the offense is a | 1226 |
|
peace officer, as defined in section 2935.01 of the Revised Code, | 1227 |
|
the court shall impose on the offender a prison term of five | 1228 |
|
years. If a court imposes a prison term on an offender under | 1229 |
|
division (D)(5) of this section, the prison term shall not be | 1230 |
|
reduced pursuant to section 2929.20, section 2967.193, or any | 1231 |
|
other provision of Chapter 2967. or Chapter 5120. of the Revised | 1232 |
|
Code. A court shall not impose more than one prison term on an | 1233 |
|
offender under division (D)(5) of this section for felonies | 1234 |
|
committed as part of the same act. | 1235 |
|
(6) If an offender is convicted of or pleads guilty to a | 1236 |
|
violation of division (A)(1) or (2) of section 2903.06 of the | 1237 |
|
Revised Code and also is convicted of or pleads guilty to a | 1238 |
|
specification of the type described in section 2941.1414 of the | 1239 |
|
Revised Code that charges that the offender previously has been | 1240 |
|
convicted of or pleaded guilty to three violations of division (A) | 1241 |
|
or (B) of section 4511.19 of the Revised Code or an equivalent | 1242 |
|
offense, as defined in section 2941.1414 of the Revised Code, the | 1243 |
|
court shall impose on the offender a prison term of three years. | 1244 |
|
If a court imposes a prison term on an offender under division | 1245 |
|
(D)(6) of this section, the prison term shall not be reduced | 1246 |
|
pursuant to section 2929.20, section 2967.193, or any other | 1247 |
|
provision of Chapter 2967. or Chapter 5120. of the Revised Code.
A | 1248 |
|
court shall not impose more than one prison term on an offender | 1249 |
|
under division (D)(6) of this section for felonies committed as | 1250 |
|
part of the same act. | 1251 |
| (E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a | 1252 |
| mandatory prison term
is imposed
upon an offender pursuant to | 1253 |
|
division (D)(1)(a) of this
section for having a firearm on or | 1254 |
|
about the offender's person or under the
offender's
control while | 1255 |
|
committing a felony, if a mandatory prison term
is imposed
upon an | 1256 |
|
offender pursuant to division (D)(1)(c) of
this section for | 1257 |
|
committing a felony specified in that division by discharging
a | 1258 |
|
firearm from a motor vehicle, or if both types of mandatory prison | 1259 |
|
terms
are imposed, the offender shall serve
any mandatory prison | 1260 |
|
term
imposed under either division
consecutively to any other | 1261 |
|
mandatory prison term imposed under either division
or under | 1262 |
|
division (D)(1)(d) of this
section,
consecutively to and prior to | 1263 |
|
any prison term
imposed for the underlying felony pursuant to | 1264 |
|
division (A),
(D)(2), or (D)(3) of this section or any other | 1265 |
|
section of the Revised Code, and consecutively to any other prison | 1266 |
|
term
or
mandatory prison term previously or subsequently imposed | 1267 |
|
upon the
offender. | 1268 |
| (b) If a mandatory prison term is imposed upon an offender | 1269 |
|
pursuant to division (D)(1)(d) of this section for
wearing or | 1270 |
|
carrying body armor while committing an offense of violence that | 1271 |
|
is a felony,
the offender shall serve the mandatory
term so | 1272 |
|
imposed consecutively to any other mandatory prison term
imposed | 1273 |
|
under that division or under division (D)(1)(a)
or (c) of
this | 1274 |
|
section, consecutively to and prior to any prison term imposed for | 1275 |
|
the underlying felony under division (A), (D)(2), or
(D)(3)
of | 1276 |
|
this section or any other section of the Revised Code, and | 1277 |
|
consecutively to any other
prison term or mandatory prison term | 1278 |
|
previously or subsequently
imposed upon the offender. | 1279 |
| (2) If an offender who is an inmate in a jail, prison,
or | 1280 |
|
other residential detention facility violates section 2917.02, | 1281 |
|
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender | 1282 |
|
who is under detention at a detention facility commits a felony | 1283 |
|
violation of section 2923.131 of the Revised Code, or if an | 1284 |
|
offender who is an
inmate in a jail, prison, or other residential | 1285 |
|
detention facility or is under
detention at a detention facility | 1286 |
|
commits another felony while the offender is
an
escapee in | 1287 |
|
violation of
section 2921.34 of the Revised Code, any prison
term | 1288 |
|
imposed upon the offender for one of those violations
shall be | 1289 |
|
served by the offender consecutively to the prison term or term of | 1290 |
|
imprisonment the offender
was serving when the offender committed | 1291 |
|
that offense and to any other prison
term previously or | 1292 |
|
subsequently imposed upon the offender. | 1293 |
| (4) If multiple prison terms are imposed on an offender
for | 1300 |
|
convictions of multiple offenses, the court may require the | 1301 |
|
offender to serve the prison terms consecutively if the court | 1302 |
|
finds that the consecutive service is necessary to protect the | 1303 |
|
public from future crime or to punish the offender and that | 1304 |
|
consecutive sentences are not disproportionate to the seriousness | 1305 |
|
of the
offender's conduct and to the danger the offender
poses to | 1306 |
|
the public, and if the court also finds any
of the following: | 1307 |
| (5) If a mandatory prison term is imposed upon an offender | 1322 |
|
pursuant to division (D)(5) or (6) of this section, the offender | 1323 |
|
shall serve the mandatory prison term consecutively to and prior | 1324 |
|
to any prison term imposed for the underlying violation of | 1325 |
|
division (A)(1) or (2) of section 2903.06 of the Revised Code | 1326 |
|
pursuant to division (A) of this section. If a mandatory prison | 1327 |
|
term is imposed upon an offender pursuant to division (D)(5) of | 1328 |
|
this section, and if a mandatory prison term also is imposed upon | 1329 |
|
the offender pursuant to division (D)(6) of this section in | 1330 |
|
relation to the same violation, the offender shall serve the | 1331 |
|
mandatory prison term imposed pursuant to division (D)(5) of this | 1332 |
|
section consecutively to and prior to the mandatory prison term | 1333 |
|
imposed pursuant to division (D)(6) of this section and | 1334 |
|
consecutively to and prior to any prison term imposed for the | 1335 |
|
underlying violation of division (A)(1) or (2) of section 2903.06 | 1336 |
|
of the Revised Code pursuant to division (A) of this section. | 1337 |
| (F) If a court imposes a prison term of a type
described in | 1341 |
|
division (B) of section 2967.28 of the
Revised Code, it shall | 1342 |
|
include in the sentence a
requirement that the offender be subject | 1343 |
|
to a period of
post-release control after the offender's release | 1344 |
|
from imprisonment, in
accordance with that division. If a court | 1345 |
|
imposes a prison term
of a type described in division (C) of that | 1346 |
|
section, it
shall include in the sentence a requirement that the | 1347 |
|
offender be
subject to a period of post-release control after the | 1348 |
|
offender's release
from imprisonment, in accordance with that | 1349 |
|
division, if the
parole board determines that a period of | 1350 |
|
post-release control is
necessary. | 1351 |
| (G) If a person is convicted of or pleads guilty to a | 1352 |
|
sexually violent
offense and also is convicted of or pleads guilty | 1353 |
|
to a sexually violent
predator specification that was included in | 1354 |
|
the indictment, count in the
indictment, or information charging | 1355 |
|
that offense, the court shall impose
sentence upon the offender in | 1356 |
|
accordance with section 2971.03 of the Revised
Code, and Chapter | 1357 |
|
2971. of the Revised Code applies regarding the prison term
or | 1358 |
|
term of life imprisonment without parole imposed upon the offender | 1359 |
|
and the
service of that term of imprisonment. | 1360 |
| (I) If an offender who is convicted of or pleads guilty to a | 1368 |
|
felony that is an offense of violence
also is convicted of or | 1369 |
|
pleads guilty to a specification of the
type described in section | 1370 |
|
2941.142 of the
Revised Code that charges the offender with having | 1371 |
|
committed
the felony while participating in a criminal gang, the | 1372 |
|
court shall impose upon
the offender an additional prison term of | 1373 |
|
one, two, or three years. | 1374 |
| (J) If an offender who is convicted of or pleads guilty to | 1375 |
|
aggravated murder, murder, or a
felony of the first, second, or | 1376 |
|
third degree that is an
offense of violence also is convicted of | 1377 |
|
or pleads guilty to a
specification of the type described in | 1378 |
|
section 2941.143 of the
Revised
Code that charges the offender | 1379 |
|
with having committed the offense in a school safety
zone or | 1380 |
|
towards a person in a school safety zone, the court shall impose | 1381 |
|
upon the offender an additional prison term of two years. The | 1382 |
|
offender shall
serve the additional two years consecutively to and | 1383 |
|
prior to the prison term
imposed for the underlying offense. | 1384 |
| (K) At the time of sentencing, the court
may recommend the | 1385 |
|
offender for
placement in a program of shock incarceration
under | 1386 |
|
section 5120.031 of the Revised Code or for
placement
in an | 1387 |
|
intensive program prison
under
section 5120.032 of the Revised | 1388 |
|
Code, disapprove placement of the
offender in a program of shock | 1389 |
|
incarceration or
an intensive
program
prison
of that nature, or | 1390 |
|
make
no recommendation on placement of
the offender.
In no case | 1391 |
|
shall
the department of rehabilitation and correction place the | 1392 |
|
offender
in a program or prison of that nature unless the | 1393 |
|
department
determines as specified in section 5120.031 or 5120.032 | 1394 |
|
of the
Revised Code, whichever is applicable, that the offender is | 1395 |
|
eligible for the placement. | 1396 |
| If the court does not make a recommendation under this | 1413 |
|
division with
respect to an
offender
and if the
department | 1414 |
|
determines as specified in section 5120.031 or 5120.032
of the | 1415 |
|
Revised Code, whichever is applicable, that the offender is | 1416 |
|
eligible for placement in a program or prison of that nature, the | 1417 |
|
department shall screen the offender and
determine if there is an | 1418 |
|
available program of shock incarceration or an
intensive program | 1419 |
|
prison for which the offender is suited. If there is an
available | 1420 |
|
program of shock incarceration or an intensive program prison for | 1421 |
|
which the offender is suited, the department shall notify the | 1422 |
|
court of the
proposed placement of the offender
as specified in | 1423 |
|
section 5120.031 or 5120.032 of the Revised Code and shall include | 1424 |
|
with the notice a brief
description of the placement. The court | 1425 |
|
shall have ten days from receipt of
the notice to disapprove the | 1426 |
|
placement. | 1427 |
| Sec. 2941.1413. (A) Imposition of a five-year mandatory | 1428 |
|
prison term upon an offender under division (D)(5) of section | 1429 |
|
2929.14 of the Revised Code is precluded unless the offender is | 1430 |
|
convicted of or pleads guilty to violating division (A)(1) or (2) | 1431 |
|
of section 2903.06 of the Revised Code and unless the indictment, | 1432 |
|
count in the indictment, or information charging the offense | 1433 |
|
specifies that the victim of the offense is a peace officer.
The | 1434 |
| specification shall be stated at the end of the body of the | 1435 |
|
indictment, count, or information and shall be stated in | 1436 |
|
substantially the following form: | 1437 |
| Sec. 2941.1414. (A) Imposition of a three-year mandatory | 1448 |
|
prison term upon an offender under division (D)(6) of section | 1449 |
|
2929.14 of the Revised Code is precluded unless the offender is | 1450 |
|
convicted of or pleads guilty to violating division (A)(1) or (2) | 1451 |
|
of section 2903.06 of the Revised Code and unless the indictment, | 1452 |
|
count in the indictment, or information charging the offense | 1453 |
|
specifies that the offender previously has been convicted of or | 1454 |
|
pleaded guilty to three violations of division (A) or (B) of | 1455 |
|
section 4511.19 of the Revised Code or an equivalent offense. The | 1456 |
|
specification shall be stated at the end of the body of the | 1457 |
|
indictment, count, or information and shall be stated in | 1458 |
|
substantially the following form: | 1459 |
|
(e) Division (A)(2), (3), or (4) of section 2903.06,
division | 1484 |
| (A)(2) of section 2903.08, or former section 2903.07 of
the | 1485 |
| Revised Code, or a municipal ordinance that is substantially | 1486 |
|
similar to any of those divisions or that former section, in a | 1487 |
|
case in which the jury or judge found that the offender was under | 1488 |
|
the influence of alcohol, a drug of abuse, or alcohol and a drug | 1489 |
|
of abuse; | 1490 |
| Sec. 4511.98. (A) The director of transportation, board of | 1497 |
|
county commissioners, or board of township trustees may cause | 1498 |
|
signs to be erected advising motorists that increased penalties | 1499 |
|
apply for certain traffic violations occurring on streets or | 1500 |
|
highways in a construction zone. The increased penalties shall
be | 1501 |
|
effective only when signs are erected in accordance with the | 1502 |
|
guidelines and design specifications established by the director | 1503 |
|
under section 5501.27 of the Revised Code, and when a violation | 1504 |
|
occurs during hours of actual work within the construction zone. | 1505 |
| (B) The director of transportation, board of county | 1506 |
|
commissioners, or board of township trustees may cause signs to
be | 1507 |
|
erected in construction zones advising motorists of the stringent | 1508 |
|
penalties for a violation of division (A)(2)(a) of section 2903.06 | 1509 |
|
or division (A)(2)(a) of section 2903.08 of the Revised Code for | 1510 |
|
causing death or injury in a construction zone as a result of a | 1511 |
|
reckless operation
or speeding offense.
If the director or a board | 1512 |
|
fails to cause any sign to be erected
as authorized by this | 1513 |
|
division, the failure does not limit or
restrict the application | 1514 |
|
of division (A)(2)(a) of section 2903.06 and
division (A)(2)(a) of | 1515 |
|
section 2903.08 of the Revised Code to a person
operating a motor | 1516 |
|
vehicle or motorcycle within the construction
zone, the | 1517 |
|
enforcement of those divisions, or the prosecution of a
person who | 1518 |
|
violates either of those divisions. If the director adopts rules | 1519 |
|
under section 5501.27 of the Revised Code that specify the advice | 1520 |
|
to be set forth on the signs described in this division and that | 1521 |
|
govern the posting of the signs, all signs posted as authorized by | 1522 |
|
this division shall comply with the rules so adopted. | 1523 |
| Sec. 5501.27. (A)(1) The director of transportation shall | 1524 |
|
adopt
rules governing the posting of signs advising motorists that | 1525 |
|
increased penalties apply for certain traffic violations
occurring | 1526 |
|
on streets or highways in a construction zone. The
rules shall | 1527 |
|
include guidelines to determine which areas are
appropriate to the | 1528 |
|
posting of such signs. The guidelines may
include consideration
of | 1529 |
| the following: the duration of the work
on the street or
highway, | 1530 |
| the proximity of workers to moving
traffic, the existence
of any | 1531 |
| unusual or hazardous conditions,
the volume of traffic on
the | 1532 |
street or highway, and any other
appropriate factors.
The | 1533 |
| (3) The
director
of transportation
shall formulate design | 1538 |
|
specifications for the signs
described in division (A)(1) of this | 1539 |
|
section
advising motorists of the increased
penalties
and the | 1540 |
|
signs described in division (A)(2) of this section advising | 1541 |
|
motorists of the illegal conduct identified in division (B) of | 1542 |
|
section 4511.98 of the Revised Code. For purposes of traffic | 1543 |
|
violation penalties, nothing
in this section is intended to | 1544 |
|
conflict with any standard set
forth in the federal manual of | 1545 |
|
uniform traffic control devices
for streets and highways. | 1546 |
| (B) As used in this section and in section 4511.98 of the | 1547 |
|
Revised
Code, "construction zone" means that lane or portion of | 1548 |
|
street or
highway open to vehicular traffic and adjacent to a | 1549 |
|
lane, berm, or
shoulder of a street or highway within which lane, | 1550 |
|
berm, or
shoulder construction, reconstruction, resurfacing, or | 1551 |
|
any other
work of a repair or maintenance nature, including
public | 1552 |
|
utility
work, is being conducted, commencing with the
point where | 1553 |
|
the
first worker or piece of equipment is located and
ending where | 1554 |
|
the
last worker or piece of equipment is located. | 1555 |
| (a) As the proximate result of committing, while operating
or | 1572 |
| participating in the operation of a motor vehicle or motorcycle
in | 1573 |
| a construction zone, a reckless operation or speeding offense, | 1574 |
|
provided that this division applies only if the person whose death | 1575 |
|
is caused or whose pregnancy is unlawfully terminated is working | 1576 |
|
in the construction zone at the time of the offender's commission | 1577 |
|
of the reckless operation or speeding offense in the construction | 1578 |
|
zone; | 1579 |
| (a) Except as otherwise provided in this division,
aggravated | 1592 |
|
vehicular homicide committed in violation of division
(A)(1) or | 1593 |
| (2)(a) of this
section is a felony of the second degree.
| 1594 |
|
Aggravated vehicular homicide committed in violation of division | 1595 |
|
(A)(1) or (2)(a) of this section is a
felony of the first degree | 1596 |
| if, at the
time of the offense, the offender was
driving under a | 1597 |
| suspension
imposed under Chapter
4510.
or any other
provision of | 1598 |
| the
Revised
Code or if
the offender previously has been convicted | 1599 |
| of
or
pleaded guilty
to a violation of this section; any | 1600 |
|
traffic-related
homicide, manslaughter, or
assault
offense;
three | 1601 |
|
prior violations
of section 4511.19 of the Revised Code or
of a | 1602 |
|
substantially
equivalent municipal ordinance within the previous | 1603 |
|
six
years; or a
second or subsequent felony violation of
division | 1604 |
|
(A) of section
4511.19 of the Revised Code. | 1605 |
| (b) Except as otherwise provided in this division,
aggravated | 1612 |
|
vehicular homicide committed in violation of division
(A)(2)(b) of | 1613 |
|
this section is a felony of the third degree.
Aggravated
vehicular | 1614 |
| homicide
committed in violation
of division
(A)(2)(b) of
this | 1615 |
| section is a felony of the second
degree if, at the
time of
the | 1616 |
| offense, the offender was driving under a
suspension
imposed
under | 1617 |
| Chapter
4510. or any
other
provision
of the Revised Code
or if the | 1618 |
| offender previously
has
been convicted of or
pleaded
guilty to
a | 1619 |
|
violation of this
section
or any traffic-related
homicide, | 1620 |
| manslaughter, or
assault
offense. | 1621 |
| In addition to any other sanctions imposed, the court shall
| 1622 |
|
impose upon the offender a class two suspension of the
offender's | 1623 |
|
driver's license, commercial driver's license,
temporary | 1624 |
|
instruction permit, probationary license, or nonresident
operating | 1625 |
|
privilege
from the
range specified in division (A)(2) of section
| 1626 |
|
4510.02 of the Revised Code. | 1627 |
| (2) Whoever violates division (A)(3) of this section is | 1628 |
|
guilty of
vehicular homicide. Except as otherwise provided in
this | 1629 |
| division,
vehicular homicide is a misdemeanor of the first
degree. | 1630 |
|
Vehicular homicide is a felony of the fourth degree if,
at the | 1631 |
|
time of the offense, the offender was driving under a
suspension | 1632 |
|
or revocation imposed under Chapter 4507. or any other
provision | 1633 |
| of the
Revised Code
or if the
offender
previously has
been | 1634 |
| convicted of or pleaded guilty to a violation of this
section
or | 1635 |
| any traffic-related homicide, manslaughter, or assault
offense. | 1636 |
| In addition to any other sanctions imposed, the court shall
| 1637 |
|
impose upon the offender a class four suspension of the
offender's | 1638 |
|
driver's license, commercial driver's license,
temporary | 1639 |
|
instruction permit, probationary license, or nonresident
operating | 1640 |
|
privilege
from the
range specified in division (A)(4) of section
| 1641 |
|
4510.02 of the Revised Code
or, if the offender previously
has | 1642 |
|
been convicted of or pleaded
guilty to a violation of this
section | 1643 |
|
or any traffic-related
homicide, manslaughter, or assault
offense,
| 1644 |
|
a
class three
suspension of the offender's driver's license, | 1645 |
|
commercial driver's license,
temporary instruction permit, | 1646 |
|
probationary license, or nonresident operating
privilege from the | 1647 |
|
range specified in division (A)(3) of
that section. | 1648 |
| (3) Whoever violates division (A)(4) of this section is | 1649 |
|
guilty of
vehicular manslaughter. Except as otherwise provided in | 1650 |
|
this division,
vehicular manslaughter is a misdemeanor of the | 1651 |
|
second
degree. Vehicular manslaughter is a misdemeanor of the | 1652 |
|
first
degree if, at the time of the offense, the offender was | 1653 |
|
driving
under a suspension imposed under Chapter
4510.
or
any | 1654 |
|
other provision of the Revised Code
or if the offender
previously | 1655 |
|
has been convicted of or pleaded guilty to a
violation
of this | 1656 |
|
section or any traffic-related homicide, manslaughter, or
assault | 1657 |
|
offense. | 1658 |
| In addition to any other sanctions imposed, the court shall
| 1659 |
|
impose upon the offender a class six suspension of the
offender's | 1660 |
|
driver's license, commercial driver's license,
temporary | 1661 |
|
instruction permit, probationary license, or nonresident
operating | 1662 |
|
privilege
from
the range specified in division (A)(6) of
section
| 1663 |
|
4510.02
of the Revised Code
or, if the offender
previously has | 1664 |
|
been convicted of or pleaded guilty to a
violation
of this
section | 1665 |
|
or any traffic-related homicide, manslaughter, or
assault
offense,
| 1666 |
|
a
class four suspension of the offender's driver's
license, | 1667 |
|
commercial driver's
license, temporary instruction
permit, | 1668 |
|
probationary license, or nonresident
operating privilege
from the | 1669 |
|
range specified in division (A)(4)
of
that section. | 1670 |
| (C) The court shall impose a mandatory prison term on an | 1671 |
|
offender who
is convicted of or pleads guilty to a violation of | 1672 |
|
division (A)(1)
of this section. The court shall impose a | 1673 |
|
mandatory prison term on an offender who is convicted of or pleads | 1674 |
|
guilty to a violation of division (A)(2)(a) of this section if the | 1675 |
|
offender previously has been convicted of or pleaded guilty to a | 1676 |
|
violation of this section or section 2903.08 of the Revised Code. | 1677 |
| The court shall impose a
mandatory prison term on an
offender who | 1678 |
| is convicted of or pleads
guilty to a
violation of division | 1679 |
| (A)(2)(b) or (3) of this section if
either of
the following | 1680 |
| applies: | 1681 |
| (b)
"Traffic-related homicide,
manslaughter, or assault | 1691 |
|
offense"
means a violation of section 2903.04 of the Revised Code | 1692 |
|
in
circumstances in which division (D) of that section applies, a | 1693 |
|
violation of section 2903.06 or 2903.08 of the Revised Code, or a | 1694 |
|
violation of section 2903.06, 2903.07, or 2903.08 of the Revised | 1695 |
|
Code as they
existed prior
to
March
23,
2000. | 1696 |
| (2) For the purposes of this section, when a penalty or | 1703 |
|
suspension is enhanced because of a prior or current violation of | 1704 |
|
a specified law or a prior or current specified offense, the | 1705 |
|
reference to the violation of the specified law or the specified | 1706 |
|
offense includes any violation of any substantially equivalent | 1707 |
|
municipal ordinance, former law of this state, or current or | 1708 |
|
former law of another state or the United States. | 1709 |
|
(a) Cause physical harm to another person or another's
unborn | 1720 |
| as the proximate result of committing, while operating or | 1721 |
|
participating in the operation of a motor vehicle or motorcycle in | 1722 |
|
a construction zone, a reckless operation or speeding offense, | 1723 |
|
provided that this division applies only if the person who is | 1724 |
|
physically harmed or whose unborn is physically harmed is working | 1725 |
|
in the construction zone at the time of the offender's commission | 1726 |
|
of the reckless operation or speeding offense in the construction | 1727 |
|
zone; | 1728 |
| (B)(1) Whoever violates division (A)(1) of this
section is | 1731 |
|
guilty of aggravated
vehicular assault. Except as otherwise | 1732 |
|
provided in this
division, aggravated vehicular assault is a | 1733 |
|
felony of the
third degree.
Aggravated vehicular assault is a | 1734 |
|
felony of the second degree if,
at the time of the offense, the | 1735 |
|
offender was driving under a suspension
imposed under Chapter
| 1736 |
|
4510. or any other provision of
the Revised Code or if
the | 1737 |
|
offender previously has been convicted of or
pleaded guilty to a | 1738 |
|
violation of this
section;
any traffic-related homicide, | 1739 |
|
manslaughter, or assault offense;
three prior violations of | 1740 |
|
section 4511.19 of the Revised Code or a
substantially equivalent | 1741 |
|
municipal ordinance within the previous
six years; or a second or | 1742 |
|
subsequent felony violation of division (A)
of section 4511.19 of | 1743 |
|
the Revised Code. | 1744 |
| In addition to any other sanctions imposed, the court shall
| 1745 |
|
impose upon the offender a class three suspension of the | 1746 |
|
offender's driver's license,
commercial driver's license, | 1747 |
|
temporary instruction permit, probationary
license, or nonresident | 1748 |
|
operating privilege
from the range
specified in division (A)(3)
of | 1749 |
| section
4510.02 of the Revised Code or,
if the offender
previously | 1750 |
|
has been convicted of or pleaded guilty to a violation
of this | 1751 |
|
section or any traffic-related homicide, manslaughter, or
assault | 1752 |
|
offense,
a class two suspension of the offender's
driver's | 1753 |
| license,
commercial
driver's license, temporary
instruction | 1754 |
| permit,
probationary license, or
nonresident operating
privilege | 1755 |
| from the
range specified in division
(A)(2) of that
section. | 1756 |
| (2) Whoever violates division (A)(2)(a) or (b) of this | 1757 |
| section is
guilty of
vehicular assault. Except as otherwise | 1758 |
| provided in this
division, vehicular
assault is a felony of the | 1759 |
| fourth degree.
Vehicular assault is a felony of the third degree | 1760 |
| if, at the time
of the offense, the offender was driving under a | 1761 |
| suspension
imposed under Chapter
4510.
or any other
provision of | 1762 |
| the
Revised
Code or if the offender
previously has been convicted | 1763 |
| of
or
pleaded guilty to a violation
of this section or any | 1764 |
|
traffic-related homicide, manslaughter, or
assault offense. | 1765 |
| In addition to any other sanctions imposed, the court shall
| 1766 |
|
impose upon the offender a class four suspension of
the
offender's | 1767 |
|
driver's license,
commercial driver's license,
temporary | 1768 |
|
instruction permit, probationary
license, or nonresident
operating | 1769 |
|
privilege
from the
range specified in division (A)(4) of section
| 1770 |
|
4510.02 of the
Revised Code
or, if the offender
previously
has | 1771 |
|
been convicted of or pleaded guilty to a violation of this
section | 1772 |
|
or any traffic-related homicide, manslaughter, or assault
offense,
| 1773 |
|
a
class three suspension of the offender's driver's license, | 1774 |
|
commercial driver's
license, temporary instruction permit, | 1775 |
|
probationary license, or nonresident
operating privilege from the | 1776 |
|
range specified in division (A)(3)
of that
section. | 1777 |
| (C) The court shall impose a mandatory prison term on an | 1778 |
|
offender who
is convicted of or pleads guilty to a violation of | 1779 |
|
division (A)(1)
of this section. The court shall impose a | 1780 |
|
mandatory prison term on an offender who is convicted of or pleads | 1781 |
|
guilty to a violation of division (A)(2)(a) of this section if the | 1782 |
|
offender previously has been convicted of or pleaded guilty to a | 1783 |
|
violation of this section or section 2903.06 of the Revised Code. | 1784 |
| The court shall impose a
mandatory prison term on an
offender who | 1785 |
| is convicted of or pleads
guilty to a
violation of division | 1786 |
| (A)(2)(b) of this section if either
of the
following applies: | 1787 |
| (E) For the purposes of this section, when a penalty or | 1804 |
|
suspension is enhanced because of a prior or current violation of | 1805 |
|
a
specified law or a prior or current specified offense, the | 1806 |
|
reference to
the violation of the specified law or the specified | 1807 |
|
offense
includes any violation of any substantially equivalent | 1808 |
|
municipal
ordinance, former law of this state, or current or | 1809 |
|
former law of
another state or the United States. | 1810 |
| (b) It has received the appropriate license or certificate | 1819 |
|
for any
specialized education, training, treatment, habilitation, | 1820 |
|
or
other service that it provides from the government agency that | 1821 |
|
is responsible for licensing or certifying that type of
education, | 1822 |
|
training, treatment, habilitation, or service. | 1823 |
| (B) "Bad time" means the time by which the parole board | 1827 |
|
administratively extends an offender's stated prison term or terms | 1828 |
|
pursuant to
section 2967.11 of the Revised Code because the parole | 1829 |
|
board
finds by clear and convincing evidence that the
offender, | 1830 |
|
while serving the prison term or terms, committed an
act that is a | 1831 |
|
criminal offense under the law of this state or the
United States, | 1832 |
|
whether or not the offender is prosecuted for
the commission of | 1833 |
|
that act. | 1834 |
| (L) "Drug treatment program" means
any program under which a | 1867 |
|
person undergoes assessment and treatment designed
to
reduce or | 1868 |
|
completely eliminate the person's physical or emotional reliance | 1869 |
|
upon alcohol, another drug, or alcohol and another drug and under | 1870 |
|
which the person may be required to
receive assessment and | 1871 |
|
treatment on an outpatient basis or may be required to
reside at a | 1872 |
|
facility other than the person's home or residence while | 1873 |
|
undergoing assessment and treatment. | 1874 |
| (T) "Intensive probation supervision" means a
requirement | 1915 |
|
that an offender maintain frequent contact with a
person appointed | 1916 |
|
by the court, or by the parole board pursuant to section
2967.28 | 1917 |
|
of the Revised Code, to supervise the offender while the
offender | 1918 |
|
is seeking or maintaining necessary employment and
participating | 1919 |
|
in training, education, and treatment programs as
required in the | 1920 |
|
court's or parole board's order. "Intensive
probation
supervision" | 1921 |
| includes intensive parole supervision and intensive
post-release | 1922 |
| control supervision. | 1923 |
| (W) "License violation report" means
a report that is made
by | 1930 |
| a sentencing court, or by the parole board pursuant
to section | 1931 |
|
2967.28 of the Revised Code, to the regulatory or
licensing board | 1932 |
|
or agency that issued an offender a professional
license or a | 1933 |
|
license or permit to do business
in this state and that specifies | 1934 |
|
that the offender has been
convicted of or pleaded guilty to an | 1935 |
|
offense that may violate the
conditions under which the offender's | 1936 |
|
professional license or
license or permit to do business in this | 1937 |
|
state was granted or an offense
for which the offender's | 1938 |
|
professional license or license or permit to do
business in this | 1939 |
|
state may be revoked or suspended. | 1940 |
| (X) "Major drug offender" means an
offender who is convicted | 1941 |
|
of or pleads guilty to the possession
of, sale of, or offer to | 1942 |
|
sell any drug, compound, mixture,
preparation, or substance that | 1943 |
|
consists of or contains at least
one thousand grams of hashish; at | 1944 |
|
least one hundred
grams of crack cocaine; at least one thousand | 1945 |
|
grams of cocaine that is not
crack cocaine; at least two thousand | 1946 |
|
five hundred unit doses or two
hundred fifty grams of
heroin; at | 1947 |
|
least five thousand unit doses of
L.S.D. or five hundred grams of | 1948 |
|
L.S.D. in a
liquid concentrate, liquid extract, or liquid | 1949 |
|
distillate form; or at least
one hundred times the
amount of any | 1950 |
|
other schedule I or II controlled
substance other than marihuana | 1951 |
|
that is necessary to commit a
felony of the third degree pursuant | 1952 |
|
to section 2925.03, 2925.04,
2925.05, or 2925.11 of the Revised | 1953 |
|
Code
that is based on the possession of, sale of, or offer to sell | 1954 |
|
the
controlled substance. | 1955 |
| (1) Subject to division (Y)(2) of this section,
the term in | 1957 |
|
prison that must be imposed for the offenses or
circumstances set | 1958 |
|
forth in divisions (F)(1) to (8) or
(F)(12) to (14) of section | 1959 |
|
2929.13 and
division (D) of section 2929.14 of the
Revised Code. | 1960 |
| Except as
provided in sections
2925.02, 2925.03, 2925.04, 2925.05, | 1961 |
| and
2925.11 of the
Revised Code, unless the maximum or another | 1962 |
|
specific term is required under section 2929.14 of the
Revised | 1963 |
|
Code, a mandatory prison term described in this division may be | 1964 |
|
any prison term authorized for the level of offense. | 1965 |
| (1) The person has been convicted of or has pleaded
guilty | 1999 |
|
to, and is being sentenced for committing, for
complicity in | 2000 |
|
committing, or for an attempt to commit, aggravated murder, | 2001 |
|
murder, involuntary manslaughter, a felony of the first degree | 2002 |
|
other than one set forth in Chapter 2925. of the Revised
Code, a | 2003 |
|
felony of the first degree set forth in Chapter
2925. of the | 2004 |
|
Revised Code that involved an attempt
to cause serious physical | 2005 |
|
harm to a person or that resulted in serious
physical harm to a | 2006 |
|
person, or a
felony of the second degree that involved an attempt | 2007 |
|
to cause serious physical
harm to a person
or that resulted in | 2008 |
|
serious physical harm to a person. | 2009 |
| (i) Aggravated murder, murder, involuntary manslaughter, | 2014 |
|
rape, felonious
sexual penetration as it existed under
section | 2015 |
|
2907.12 of the Revised Code prior to September 3,
1996, a felony | 2016 |
|
of the first or second degree that resulted in the death
of a | 2017 |
|
person or in physical harm to a person, or complicity in or an | 2018 |
|
attempt
to commit any of those offenses; | 2019 |
| (GG) "Stated prison term" means the
prison term, mandatory | 2038 |
|
prison term, or combination of all
prison terms and mandatory | 2039 |
|
prison terms imposed by the
sentencing court pursuant to section | 2040 |
|
2929.14 or 2971.03 of the
Revised Code. "Stated prison term" | 2041 |
|
includes any credit received by the offender for time spent in | 2042 |
|
jail awaiting trial, sentencing, or transfer to prison for the | 2043 |
|
offense and any time spent under house arrest or electronically | 2044 |
|
monitored house arrest imposed after earning credits pursuant to | 2045 |
|
section 2967.193 of the Revised Code. | 2046 |
| (JJ) "Mandatory term of local
incarceration" means the term | 2055 |
|
of sixty or one hundred twenty days in a jail, a
community-based | 2056 |
|
correctional facility, a halfway house, or an alternative | 2057 |
|
residential facility that a sentencing court may impose upon a | 2058 |
|
person who is convicted of or pleads guilty to a fourth degree | 2059 |
|
felony
OVI offense pursuant to division (G)(1) of section
2929.13 | 2060 |
|
of the Revised Code and division
(G)(1)(d) or
(e)
of section
| 2061 |
|
4511.19 of
the
Revised Code. | 2062 |
| (MM) An offense is "committed in the vicinity of a child"
if | 2071 |
|
the offender commits the offense within thirty feet of or within | 2072 |
|
the same
residential unit as a child who
is under eighteen years | 2073 |
|
of age, regardless of whether the offender knows the
age of the | 2074 |
|
child or whether the offender knows the offense is
being committed | 2075 |
|
within thirty feet of or within the same residential unit as
the | 2076 |
|
child and regardless of whether the child actually views the | 2077 |
|
commission of
the offense. | 2078 |
| Sec. 2929.13. (A) Except as provided in
division (E), (F), | 2094 |
|
or (G) of this section and unless a
specific sanction is required | 2095 |
|
to be imposed or is precluded from
being imposed pursuant to law, | 2096 |
|
a court that imposes a sentence
upon an offender for a felony may | 2097 |
|
impose any sanction or
combination of sanctions on the offender | 2098 |
|
that are provided in
sections 2929.14 to 2929.18 of the Revised | 2099 |
|
Code. The sentence shall not impose an unnecessary
burden on
state | 2100 |
| or local government resources. | 2101 |
| If the offender is eligible to be sentenced to community | 2102 |
|
control sanctions,
the court shall consider the
appropriateness of | 2103 |
|
imposing a financial sanction pursuant to
section 2929.18 of the | 2104 |
|
Revised Code or
a sanction of community service
pursuant to | 2105 |
|
section 2929.17 of the Revised Code
as the sole sanction for the | 2106 |
|
offense. Except as otherwise provided in this
division, if the | 2107 |
|
court is required
to impose a mandatory prison term for the | 2108 |
|
offense for which
sentence is being imposed, the court also may | 2109 |
|
impose a financial
sanction pursuant to section 2929.18 of the | 2110 |
|
Revised
Code but may not impose any additional sanction or | 2111 |
|
combination of sanctions under section 2929.16 or 2929.17 of the | 2112 |
|
Revised Code. | 2113 |
| If the offender is being sentenced for a fourth degree felony | 2114 |
|
OVI offense or for a third degree felony OVI offense, in
addition | 2115 |
|
to the mandatory term of local
incarceration or the
mandatory | 2116 |
|
prison term required for
the offense by
division (G)(1)
or (2) of | 2117 |
|
this section, the
court shall impose upon the offender a
mandatory | 2118 |
|
fine in accordance with
division (B)(3) of section
2929.18 of the | 2119 |
|
Revised Code
and may impose whichever of the
following is | 2120 |
|
applicable: | 2121 |
| (2)(a) If the court makes a finding
described in division | 2162 |
|
(B)(1)(a), (b), (c), (d), (e), (f), (g),
(h), or (i) of this | 2163 |
|
section and if the court, after
considering the factors set forth | 2164 |
|
in section 2929.12 of the
Revised Code, finds that a prison term | 2165 |
|
is consistent with the purposes and principles of sentencing set | 2166 |
|
forth in section 2929.11 of the Revised
Code and finds that the | 2167 |
|
offender is not amenable to an available
community control | 2168 |
|
sanction, the court shall impose a
prison term upon the offender. | 2169 |
| (b) Except as provided in division (E), (F), or (G) of this | 2170 |
|
section, if the
court does not make a
finding described in | 2171 |
|
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or
(i) of | 2172 |
|
this section and if the court, after
considering the factors set | 2173 |
|
forth in section 2929.12 of the
Revised
Code, finds that a | 2174 |
|
community
control sanction or combination of community control | 2175 |
|
sanctions
is consistent with the purposes and principles of | 2176 |
|
sentencing set
forth in section 2929.11 of the
Revised
Code, the | 2177 |
|
court shall impose a
community control sanction or combination of | 2178 |
|
community control
sanctions upon the offender. | 2179 |
| (C) Except as provided in division (E), (F), or (G) of this | 2180 |
|
section, in
determining whether to impose a prison
term as a | 2181 |
|
sanction for a felony of the
third degree or a felony drug offense | 2182 |
|
that is a
violation of a provision of
Chapter 2925. of the
Revised | 2183 |
|
Code and that is specified as
being subject to this division for | 2184 |
|
purposes of sentencing, the
sentencing court shall comply with the | 2185 |
|
purposes and principles
of sentencing under section 2929.11 of the | 2186 |
|
Revised
Code and with section 2929.12
of the Revised Code. | 2187 |
| (D) Except as provided in division (E)
or (F) of this | 2188 |
|
section, for a felony of the first or
second degree and for a | 2189 |
|
felony drug offense that is a violation
of any provision of | 2190 |
|
Chapter 2925., 3719., or 4729. of the
Revised Code for which a | 2191 |
|
presumption in favor of
a prison term is specified as being | 2192 |
|
applicable, it is presumed
that a prison term is necessary in | 2193 |
|
order to comply
with the purposes and principles of sentencing | 2194 |
|
under section 2929.11 of the
Revised Code. Notwithstanding the | 2195 |
|
presumption established
under this division, the sentencing court | 2196 |
|
may
impose a community control sanction or a combination of | 2197 |
|
community control
sanctions instead of a prison term on an | 2198 |
|
offender for a felony of the first or
second degree or for a | 2199 |
|
felony drug offense that is a violation of any
provision of | 2200 |
|
Chapter 2925., 3719., or 4729. of the Revised Code for which a | 2201 |
|
presumption in favor of a prison term is specified as being | 2202 |
|
applicable if
it makes both of
the following findings: | 2203 |
| (2) A community control sanction or a combination of | 2210 |
|
community control
sanctions would not
demean the seriousness of | 2211 |
|
the offense, because one or more
factors under section 2929.12 of | 2212 |
|
the Revised
Code that indicate that the offender's conduct was | 2213 |
|
less serious than
conduct normally constituting the offense are | 2214 |
|
applicable, and they outweigh
the applicable factors under that | 2215 |
|
section that indicate that the
offender's conduct was more
serious | 2216 |
|
than conduct normally constituting the offense. | 2217 |
| (E)(1) Except as provided in division
(F) of this section, | 2218 |
|
for any drug offense that is a
violation of any provision of | 2219 |
|
Chapter 2925.
of the Revised Code and that is a felony of the | 2220 |
|
third, fourth, or fifth degree, the applicability of a
presumption | 2221 |
|
under division (D) of this section in favor of a prison
term or of | 2222 |
|
division (B) or (C) of this section in
determining
whether to | 2223 |
|
impose a prison term for the offense shall be
determined as | 2224 |
|
specified in section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, | 2225 |
|
2925.11, 2925.13, 2925.22, 2925.23,
2925.36, or
2925.37
of the | 2226 |
|
Revised Code,
whichever is applicable regarding the
violation. | 2227 |
| (F) Notwithstanding divisions (A) to
(E) of this section,
the | 2242 |
| court shall impose a prison
term or terms under sections
2929.02 | 2243 |
| to 2929.06, section 2929.14, or section
2971.03 of the
Revised | 2244 |
| Code and except as specifically provided in
section
2929.20 or | 2245 |
| 2967.191 of the Revised Code or when parole is
authorized for the | 2246 |
| offense under section 2967.13 of the Revised
Code shall not reduce | 2247 |
| the terms pursuant to section 2929.20,
section
2967.193, or any | 2248 |
| other provision of
Chapter 2967. or
Chapter 5120. of
the Revised | 2249 |
| Code for any of the following
offenses: | 2250 |
| (5) A first, second, or third degree felony drug
offense for | 2266 |
|
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, | 2267 |
|
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or | 2268 |
|
4729.99 of the Revised Code, whichever is
applicable regarding the | 2269 |
|
violation, requires the imposition of a
mandatory prison term; | 2270 |
| (6) Any offense that is a first or second degree felony
and | 2271 |
|
that is not set forth in division (F)(1), (2), (3), or (4)
of this | 2272 |
|
section, if the offender previously was convicted of or
pleaded | 2273 |
|
guilty to aggravated murder, murder, any first or
second degree | 2274 |
|
felony, or an offense under an existing or former law
of this | 2275 |
|
state, another state, or the United States that is
or was | 2276 |
|
substantially equivalent to one of those offenses; | 2277 |
|
(14) A violation of division (A)(1) or (2) of section 2903.06 | 2312 |
| of the Revised Code if the offender has been convicted of or | 2313 |
| pleaded guilty to three violations of division (A) or (B) of | 2314 |
| section 4511.19 of the Revised Code or an equivalent offense, as | 2315 |
| defined in section 4511.181 of the Revised Code, with respect to | 2316 |
| the portion of the sentence imposed pursuant to division (D)(5) of | 2317 |
| section 2929.14 of the Revised Code. | 2318 |
| (1) If the offender is being sentenced for a fourth degree | 2324 |
|
felony
OVI offense, the court may impose upon the offender a | 2325 |
|
mandatory term
of local incarceration
of sixty days or one hundred | 2326 |
|
twenty days as specified
in division (G)(1)(d) of section 4511.19 | 2327 |
|
of
the Revised Code. The court
shall
not reduce the term pursuant | 2328 |
|
to
section 2929.20, 2967.193, or any
other provision of the | 2329 |
|
Revised
Code. The court that imposes a
mandatory term of local | 2330 |
|
incarceration
under this division shall
specify whether the term | 2331 |
|
is to be served in a
jail, a
community-based correctional | 2332 |
|
facility, a halfway house, or an
alternative residential facility, | 2333 |
|
and the
offender shall serve the
term in the type of facility | 2334 |
|
specified
by the court. A mandatory
term of local incarceration | 2335 |
|
imposed
under division (G)(1) of this
section is not subject to | 2336 |
|
extension
under section 2967.11 of the
Revised Code, to a period | 2337 |
|
of post-release control
under section
2967.28 of the Revised Code, | 2338 |
|
or to any other Revised Code
provision that pertains to a prison | 2339 |
|
term. | 2340 |
| (2) If the offender is being sentenced for a third
degree | 2341 |
|
felony OVI offense,
or if the offender is being sentenced for a | 2342 |
|
fourth degree felony OVI
offense and the court does not impose a | 2343 |
|
mandatory term of local incarceration
under division (G)(1) of | 2344 |
|
this section, the court shall impose upon the
offender a mandatory | 2345 |
|
prison term of sixty days or one hundred twenty days as specified | 2346 |
|
in division (G)(1)(e)
of
section 4511.19 of the Revised Code. The | 2347 |
|
court shall not reduce the term pursuant
to section
2929.20, | 2348 |
|
2967.193, or any other provision of the Revised Code. In
no case | 2349 |
|
shall an offender who once has been sentenced to a
mandatory term | 2350 |
|
of local incarceration pursuant to division (G)(1)
of this section | 2351 |
|
for a
fourth degree felony OVI offense be
sentenced to another | 2352 |
|
mandatory
term of local incarceration under
that division for any | 2353 |
|
violation of division
(A) of section 4511.19
of the Revised Code. | 2354 |
|
The court shall not sentence the
offender to
a
community control | 2355 |
|
sanction under section 2929.16 or 2929.17 of
the Revised
Code.
The | 2356 |
| department of rehabilitation and correction
may place an
offender | 2357 |
|
sentenced to a mandatory prison term under
this division
in an | 2358 |
| intensive
program prison established pursuant
to section
5120.033 | 2359 |
| of the Revised
Code if the department gave the
sentencing
judge | 2360 |
| prior notice of its intent to
place the offender
in an
intensive | 2361 |
| program prison established under that
section and
if the
judge did | 2362 |
| not notify the department that the judge
disapproved the | 2363 |
|
placement. Upon the establishment of the initial
intensive
program | 2364 |
| prison pursuant to section 5120.033 of the
Revised Code
that is | 2365 |
| privately operated
and managed by a
contractor pursuant to
a | 2366 |
| contract entered into under section
9.06
of the Revised Code,
both | 2367 |
| of the following apply: | 2368 |
| (I) If an offender is being sentenced
for a sexually
oriented | 2393 |
| offense committed on or after January 1,
1997, the judge
shall | 2394 |
|
include in the sentence a summary of the
offender's duty to | 2395 |
|
register pursuant to section 2950.04 of the Revised Code,
the | 2396 |
|
offender's duty to provide notice of a change in residence address | 2397 |
|
and
register the new residence address pursuant to section 2950.05 | 2398 |
|
of the Revised
Code, the offender's duty to periodically verify | 2399 |
|
the offender's current
residence address pursuant to section | 2400 |
|
2950.06 of the Revised Code, and the
duration of the duties. The | 2401 |
|
judge shall inform the offender, at the
time of sentencing, of | 2402 |
|
those duties and of their duration and, if required
under division | 2403 |
|
(A)(2) of section 2950.03 of
the Revised Code, shall perform the | 2404 |
|
duties specified in that
section. | 2405 |
| (J)(1) Except as
provided in division (J)(2) of
this
section, | 2406 |
| when considering sentencing factors under this
section in
relation | 2407 |
| to an offender who is convicted of or pleads
guilty to an
attempt | 2408 |
| to commit an offense in violation of
section 2923.02 of
the | 2409 |
| Revised Code, the sentencing court
shall consider the factors | 2410 |
|
applicable to the felony category of
the violation of section | 2411 |
|
2923.02 of the Revised
Code instead of the factors
applicable to | 2412 |
|
the felony category of the offense
attempted. | 2413 |
| (2) When considering sentencing factors under this
section
in | 2414 |
| relation to an offender who is convicted of or pleads
guilty to
an | 2415 |
| attempt to commit a drug abuse offense for which
the penalty is | 2416 |
|
determined by the amount or number of unit doses
of the controlled | 2417 |
|
substance involved in the drug abuse offense,
the sentencing court | 2418 |
|
shall consider the factors applicable to
the felony category that | 2419 |
|
the drug abuse offense attempted would
be if that drug abuse | 2420 |
|
offense had been committed and had
involved an amount or number of | 2421 |
|
unit doses of the controlled
substance that is within the next | 2422 |
|
lower range of controlled substance amounts
than was involved in | 2423 |
|
the attempt. | 2424 |
| Sec. 2929.14. (A) Except as provided in
division (C), | 2427 |
|
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), or (G) of this | 2428 |
|
section and except
in relation to an offense for which a sentence | 2429 |
|
of death or life
imprisonment is to be imposed, if the court | 2430 |
|
imposing a sentence
upon an offender for a felony elects or is | 2431 |
|
required to impose a
prison term on the offender pursuant to this | 2432 |
|
chapter and is not
prohibited by division (G)(1) of section | 2433 |
| 2929.13 of the
Revised
Code from imposing a prison term on the | 2434 |
| offender, the court shall
impose a definite prison term that shall | 2435 |
|
be one of the following: | 2436 |
| (4) For a felony of the fourth degree, the prison term
shall | 2443 |
|
be six, seven, eight, nine, ten, eleven, twelve, thirteen, | 2444 |
|
fourteen, fifteen, sixteen, seventeen, or eighteen months. | 2445 |
| (B) Except as provided in division (C),
(D)(1), (D)(2), | 2448 |
|
(D)(3), (D)(5), (D)(6), or (G) of this section, in section 2907.02 | 2449 |
|
of the Revised
Code, or in Chapter
2925. of the Revised Code, if | 2450 |
| the court
imposing a sentence upon an offender for a felony elects | 2451 |
| or is
required to impose a prison term on the offender, the court | 2452 |
| shall
impose the shortest prison term authorized for the offense | 2453 |
|
pursuant to division (A) of this section, unless
one or more
of | 2454 |
|
the following applies: | 2455 |
| (C) Except as provided in division (G) of this section or in | 2462 |
|
Chapter 2925. of
the Revised Code, the court imposing a sentence | 2463 |
|
upon an
offender for a felony may impose the longest prison term | 2464 |
|
authorized for the offense pursuant to division (A) of
this | 2465 |
|
section only upon offenders who committed the worst forms of
the | 2466 |
|
offense, upon offenders who pose the greatest likelihood of | 2467 |
|
committing future crimes, upon certain major drug offenders under | 2468 |
|
division (D)(3) of this section, and upon certain repeat
violent | 2469 |
|
offenders in accordance with division (D)(2) of
this section. | 2470 |
| (b) If a
court imposes a prison term on
an
offender under | 2495 |
|
division (D)(1)(a) of this section, the prison
term shall not be | 2496 |
|
reduced pursuant to section 2929.20, section 2967.193,
or
any | 2497 |
|
other provision of Chapter 2967. or Chapter 5120. of the
Revised | 2498 |
|
Code. A court shall not
impose more than one prison term on an | 2499 |
|
offender under
division (D)(1)(a) of this section for felonies | 2500 |
|
committed as part of
the same act or transaction. | 2501 |
| (c) Except as provided in division
(D)(1)(e)
of this
section, | 2502 |
| if an offender who is convicted of or pleads
guilty to a
violation | 2503 |
| of section 2923.161 of the
Revised
Code or to a felony
that | 2504 |
| includes,
as an essential element, purposely or knowingly
causing | 2505 |
| or
attempting to cause the death of or physical harm to
another, | 2506 |
|
also is convicted of or pleads guilty to a specification
of the | 2507 |
|
type described in section 2941.146 of the
Revised
Code that | 2508 |
|
charges the offender
with committing the offense by discharging a | 2509 |
|
firearm from a
motor vehicle other than a manufactured
home, the | 2510 |
|
court, after imposing
a prison term on the offender for the | 2511 |
|
violation of section
2923.161 of the Revised
Code or for the other | 2512 |
|
felony
offense under division (A), (D)(2), or (D)(3) of this | 2513 |
|
section, shall
impose an additional prison term of five years upon | 2514 |
|
the offender
that shall not be reduced pursuant to section | 2515 |
|
2929.20, section 2967.193, or
any other provision of Chapter 2967. | 2516 |
|
or Chapter 5120. of the Revised Code. A
court shall not impose | 2517 |
|
more than one additional prison term on an offender under
division | 2518 |
|
(D)(1)(c) of this section for felonies committed as
part of the | 2519 |
|
same
act or transaction. If a court imposes an additional prison | 2520 |
|
term on an
offender under division (D)(1)(c) of this section | 2521 |
|
relative to an offense, the court also shall
impose a prison term | 2522 |
|
under division
(D)(1)(a) of this section
relative to the same | 2523 |
|
offense, provided the criteria specified in that division
for | 2524 |
|
imposing an additional prison term are satisfied relative to the | 2525 |
|
offender
and the offense. | 2526 |
| (d)
If an offender who is convicted of or pleads guilty to
an | 2527 |
| offense
of violence that is a felony also is convicted of or | 2528 |
|
pleads guilty to a
specification of the type described in section | 2529 |
|
2941.1411 of the Revised Code that charges the
offender with | 2530 |
|
wearing or carrying body armor
while committing the felony offense | 2531 |
|
of violence, the court shall
impose on the offender a prison term | 2532 |
|
of two years. The prison
term so imposed shall not be reduced | 2533 |
|
pursuant to section 2929.20,
section 2967.193, or any other | 2534 |
|
provision of
Chapter 2967. or
Chapter 5120. of the
Revised Code.
A | 2535 |
| court shall not impose more
than one prison term
on an offender | 2536 |
|
under division
(D)(1)(d) of this section for
felonies committed as | 2537 |
|
part of
the same act or transaction. If a
court imposes an | 2538 |
|
additional prison
term under division (D)(1)(a)
or (c)
of this | 2539 |
|
section, the
court is not precluded from imposing
an additional | 2540 |
|
prison term under
division (D)(1)(d) of this
section. | 2541 |
| (e) The court shall not impose any of the
prison terms | 2542 |
|
described in division
(D)(1)(a)
of this section or any of the | 2543 |
|
additional prison terms described in
division (D)(1)(c) of this | 2544 |
|
section upon an
offender for a
violation of section
2923.12 or | 2545 |
|
2923.123 of the Revised Code. The court shall not
impose any of | 2546 |
|
the prison terms described in
division
(D)(1)(a) of this section | 2547 |
|
or any of the additional prison terms
described in division | 2548 |
|
(D)(1)(c) of this section
upon an offender for a violation of | 2549 |
|
section 2923.13 of the
Revised Code unless all of the following | 2550 |
|
apply: | 2551 |
| (2)(a) If an offender who is
convicted of or pleads guilty
to | 2557 |
| a felony also is convicted of or pleads
guilty to a
specification | 2558 |
| of the type described in section 2941.149 of the
Revised Code
that | 2559 |
| the
offender is a repeat
violent offender, the
court shall
impose | 2560 |
| a prison term from the range of terms
authorized for the offense | 2561 |
|
under division (A) of this section
that
may be the longest term in | 2562 |
| the range and that shall not be reduced
pursuant to section | 2563 |
| 2929.20, section 2967.193, or
any other
provision of Chapter 2967. | 2564 |
| or Chapter 5120. of the
Revised
Code.
If the court finds that the | 2565 |
|
repeat violent offender, in committing
the offense, caused any | 2566 |
|
physical harm that carried a substantial
risk of death to a
person | 2567 |
| or that involved substantial permanent
incapacity or
substantial | 2568 |
| permanent disfigurement of a person,
the
court shall impose the | 2569 |
| longest prison term from the range of terms
authorized for the | 2570 |
|
offense under division (A) of this section. | 2571 |
| (b) If the court imposing a prison term on a
repeat violent | 2572 |
|
offender imposes the longest prison term
from the range of terms | 2573 |
|
authorized for the offense under division
(A) of this section, the | 2574 |
|
court may impose on the offender
an additional definite prison | 2575 |
|
term of one, two, three, four,
five, six, seven, eight, nine, or | 2576 |
|
ten years if the court finds
that both of the following apply with | 2577 |
|
respect to the prison terms
imposed on the offender pursuant to | 2578 |
|
division
(D)(2)(a) of this section and, if
applicable, divisions | 2579 |
|
(D)(1) and (3) of this section: | 2580 |
| (ii) The terms so imposed are demeaning to the
seriousness
of | 2587 |
| the offense, because one or more of the factors
under section | 2588 |
|
2929.12 of the Revised Code
indicating that the offender's conduct | 2589 |
|
is more serious than conduct normally
constituting the offense are | 2590 |
|
present, and they outweigh the applicable
factors under that | 2591 |
|
section indicating that the offender's
conduct is
less serious | 2592 |
|
than conduct normally constituting the offense. | 2593 |
| (3)(a) Except when an offender commits a
violation of
section | 2594 |
| 2903.01 or 2907.02 of the
Revised Code and the penalty
imposed for | 2595 |
| the
violation is life imprisonment or commits a
violation of | 2596 |
| section
2903.02 of the Revised Code, if the offender
commits a | 2597 |
| violation of section 2925.03 or 2925.11 of
the Revised
Code and | 2598 |
| that section classifies the offender as a major drug
offender and | 2599 |
| requires the
imposition of a ten-year prison term on
the offender, | 2600 |
| if
the offender commits a felony violation of
section 2925.02, | 2601 |
|
2925.04, 2925.05,
2925.36, 3719.07, 3719.08,
3719.16, 3719.161, | 2602 |
| 4729.37, or
4729.61, division (C) or (D) of
section 3719.172, | 2603 |
| division
(C) of section 4729.51, or division (J)
of section | 2604 |
| 4729.54
of the Revised Code that includes the sale,
offer to sell, | 2605 |
|
or possession of a schedule
I or II controlled
substance, with the | 2606 |
| exception of
marihuana, and the
court imposing
sentence upon the | 2607 |
| offender finds
that the offender is guilty of a
specification of | 2608 |
| the type
described in section 2941.1410 of the
Revised Code | 2609 |
| charging
that the offender is a
major drug offender,
if the court | 2610 |
| imposing sentence upon an offender for
a felony
finds
that the | 2611 |
| offender is guilty
of corrupt activity with the
most
serious | 2612 |
| offense in the pattern
of corrupt activity being a
felony
of the | 2613 |
| first degree, or if the offender is guilty of
an attempted | 2614 |
|
violation of section 2907.02 of the Revised Code and, had the | 2615 |
|
offender completed the violation of section 2907.02 of the Revised | 2616 |
|
Code that was attempted, the offender would have been subject to a | 2617 |
|
sentence of life imprisonment or life imprisonment without parole | 2618 |
|
for the violation of section 2907.02 of the Revised Code, the | 2619 |
|
court shall
impose upon
the offender for the felony violation a | 2620 |
|
ten-year
prison term that
cannot be reduced pursuant to section | 2621 |
|
2929.20 or
Chapter
2967. or 5120. of the Revised Code. | 2622 |
| (b) The court imposing a prison term on an
offender under | 2623 |
|
division (D)(3)(a) of this
section may impose an additional prison | 2624 |
|
term of one, two, three,
four, five, six, seven, eight, nine, or | 2625 |
|
ten years, if the court,
with respect to the term imposed under | 2626 |
|
division
(D)(3)(a) of this section and, if
applicable, divisions | 2627 |
|
(D)(1) and (2) of this section,
makes both of the findings set | 2628 |
|
forth in divisions
(D)(2)(b)(i) and (ii) of this section. | 2629 |
| (4) If the offender is being sentenced for a third or fourth | 2630 |
|
degree felony
OVI offense under division (G)(2) of section
2929.13 | 2631 |
|
of the Revised
Code,
the sentencing court shall impose
upon the | 2632 |
|
offender a mandatory prison term in
accordance with that
division. | 2633 |
|
In addition to the mandatory prison term, if the offender is being | 2634 |
|
sentenced for a fourth degree felony OVI offense, the court, | 2635 |
|
notwithstanding division (A)(4) of this section, may sentence the | 2636 |
|
offender to a definite prison term of not less than six months and | 2637 |
|
not more than thirty months, and if the offender is being | 2638 |
|
sentenced for a third degree felony OVI offense, the
sentencing | 2639 |
|
court may sentence the offender to an additional prison
term of | 2640 |
|
any
duration specified in division (A)(3) of this section. In | 2641 |
|
either case, the additional prison term imposed shall be reduced | 2642 |
|
by the sixty or one
hundred twenty days imposed upon the
offender | 2643 |
|
as the mandatory prison term.
The total of the
additional prison | 2644 |
|
term imposed under division (D)(4) of this
section
plus the sixty | 2645 |
|
or one hundred twenty days imposed as the
mandatory prison term | 2646 |
|
shall equal a definite term in the range of six months to thirty | 2647 |
|
months for a fourth degree felony OVI offense and shall equal one | 2648 |
|
of
the authorized prison
terms specified in division (A)(3) of | 2649 |
|
this section for a third degree felony OVI offense. If
the court | 2650 |
|
imposes an additional prison term under division (D)(4) of this | 2651 |
|
section, the offender shall serve the additional prison term after | 2652 |
|
the
offender has served the mandatory prison term required for the | 2653 |
|
offense. The
court shall not sentence the offender to a community | 2654 |
|
control sanction under
section 2929.16 or 2929.17 of the Revised | 2655 |
|
Code. | 2656 |
| (5) If an offender is convicted of or pleads guilty to a | 2657 |
|
violation of division (A)(1) or (2) of section 2903.06 of the | 2658 |
|
Revised Code and also is convicted of or pleads guilty to a | 2659 |
|
specification of the type described in section 2941.1413 of the | 2660 |
|
Revised Code that charges that the victim of the offense is a | 2661 |
|
peace officer, as defined in section 2935.01 of the Revised Code, | 2662 |
|
the court shall impose on the offender a prison term of five | 2663 |
|
years. If a court imposes a prison term on an offender under | 2664 |
|
division (D)(5) of this section, the prison term shall not be | 2665 |
|
reduced pursuant to section 2929.20, section 2967.193, or any | 2666 |
|
other provision of Chapter 2967. or Chapter 5120. of the Revised | 2667 |
|
Code. A court shall not impose more than one prison term on an | 2668 |
|
offender under division (D)(5) of this section for felonies | 2669 |
|
committed as part of the same act. | 2670 |
|
(6) If an offender is convicted of or pleads guilty to a | 2671 |
|
violation of division (A)(1) or (2) of section 2903.06 of the | 2672 |
|
Revised Code and also is convicted of or pleads guilty to a | 2673 |
|
specification of the type described in section 2941.1414 of the | 2674 |
|
Revised Code that charges that the offender previously has been | 2675 |
|
convicted of or pleaded guilty to three violations of division (A) | 2676 |
|
or (B) of section 4511.19 of the Revised Code or an equivalent | 2677 |
|
offense, as defined in section 2941.1414 of the Revised Code, the | 2678 |
|
court shall impose on the offender a prison term of three years. | 2679 |
|
If a court imposes a prison term on an offender under division | 2680 |
|
(D)(6) of this section, the prison term shall not be reduced | 2681 |
|
pursuant to section 2929.20, section 2967.193, or any other | 2682 |
|
provision of Chapter 2967. or Chapter 5120. of the Revised Code.
A | 2683 |
|
court shall not impose more than one prison term on an offender | 2684 |
|
under division (D)(6) of this section for felonies committed as | 2685 |
|
part of the same act. | 2686 |
| (E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a | 2687 |
| mandatory prison term
is imposed
upon an offender pursuant to | 2688 |
|
division (D)(1)(a) of this
section for having a firearm on or | 2689 |
|
about the offender's person or under the
offender's
control while | 2690 |
|
committing a felony, if a mandatory prison term
is imposed
upon an | 2691 |
|
offender pursuant to division (D)(1)(c) of
this section for | 2692 |
|
committing a felony specified in that division by discharging
a | 2693 |
|
firearm from a motor vehicle, or if both types of mandatory prison | 2694 |
|
terms
are imposed, the offender shall serve
any mandatory prison | 2695 |
|
term
imposed under either division
consecutively to any other | 2696 |
|
mandatory prison term imposed under either division
or under | 2697 |
|
division (D)(1)(d) of this
section,
consecutively to and prior to | 2698 |
|
any prison term
imposed for the underlying felony pursuant to | 2699 |
|
division (A),
(D)(2), or (D)(3) of this section or any other | 2700 |
|
section of the Revised Code, and consecutively to any other prison | 2701 |
|
term
or
mandatory prison term previously or subsequently imposed | 2702 |
|
upon the
offender. | 2703 |
| (b) If a mandatory prison term is imposed upon an offender | 2704 |
|
pursuant to division (D)(1)(d) of this section for
wearing or | 2705 |
|
carrying body armor while committing an offense of violence that | 2706 |
|
is a felony,
the offender shall serve the mandatory
term so | 2707 |
|
imposed consecutively to any other mandatory prison term
imposed | 2708 |
|
under that division or under division (D)(1)(a)
or (c) of
this | 2709 |
|
section, consecutively to and prior to any prison term imposed for | 2710 |
|
the underlying felony under division (A), (D)(2), or
(D)(3)
of | 2711 |
|
this section or any other section of the Revised Code, and | 2712 |
|
consecutively to any other
prison term or mandatory prison term | 2713 |
|
previously or subsequently
imposed upon the offender. | 2714 |
| (2) If an offender who is an inmate in a jail, prison,
or | 2715 |
|
other residential detention facility violates section 2917.02, | 2716 |
|
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender | 2717 |
|
who is under detention at a detention facility commits a felony | 2718 |
|
violation of section 2923.131 of the Revised Code, or if an | 2719 |
|
offender who is an
inmate in a jail, prison, or other residential | 2720 |
|
detention facility or is under
detention at a detention facility | 2721 |
|
commits another felony while the offender is
an
escapee in | 2722 |
|
violation of
section 2921.34 of the Revised Code, any prison
term | 2723 |
|
imposed upon the offender for one of those violations
shall be | 2724 |
|
served by the offender consecutively to the prison term or term of | 2725 |
|
imprisonment the offender
was serving when the offender committed | 2726 |
|
that offense and to any other prison
term previously or | 2727 |
|
subsequently imposed upon the offender. | 2728 |
| (4) If multiple prison terms are imposed on an offender
for | 2735 |
|
convictions of multiple offenses, the court may require the | 2736 |
|
offender to serve the prison terms consecutively if the court | 2737 |
|
finds that the consecutive service is necessary to protect the | 2738 |
|
public from future crime or to punish the offender and that | 2739 |
|
consecutive sentences are not disproportionate to the seriousness | 2740 |
|
of the
offender's conduct and to the danger the offender
poses to | 2741 |
|
the public, and if the court also finds any
of the following: | 2742 |
| (5) If a mandatory prison term is imposed upon an offender | 2757 |
|
pursuant to division (D)(5) or (6) of this section, the offender | 2758 |
|
shall serve the mandatory prison term consecutively to and prior | 2759 |
|
to any prison term imposed for the underlying violation of | 2760 |
|
division (A)(1) or (2) of section 2903.06 of the Revised Code | 2761 |
|
pursuant to division (A) of this section. If a mandatory prison | 2762 |
|
term is imposed upon an offender pursuant to division (D)(5) of | 2763 |
|
this section, and if a mandatory prison term also is imposed upon | 2764 |
|
the offender pursuant to division (D)(6) of this section in | 2765 |
|
relation to the same violation, the offender shall serve the | 2766 |
|
mandatory prison term imposed pursuant to division (D)(5) of this | 2767 |
|
section consecutively to and prior to the mandatory prison term | 2768 |
|
imposed pursuant to division (D)(6) of this section and | 2769 |
|
consecutively to and prior to any prison term imposed for the | 2770 |
|
underlying violation of division (A)(1) or (2) of section 2903.06 | 2771 |
|
of the Revised Code pursuant to division (A) of this section. | 2772 |
| (F) If a court imposes a prison term of a type
described in | 2776 |
|
division (B) of section 2967.28 of the
Revised Code, it shall | 2777 |
|
include in the sentence a
requirement that the offender be subject | 2778 |
|
to a period of
post-release control after the offender's release | 2779 |
|
from imprisonment, in
accordance with that division. If a court | 2780 |
|
imposes a prison term
of a type described in division (C) of that | 2781 |
|
section, it
shall include in the sentence a requirement that the | 2782 |
|
offender be
subject to a period of post-release control after the | 2783 |
|
offender's release
from imprisonment, in accordance with that | 2784 |
|
division, if the
parole board determines that a period of | 2785 |
|
post-release control is
necessary. | 2786 |
| (G) If a person is convicted of or pleads guilty to a | 2787 |
|
sexually violent
offense and also is convicted of or pleads guilty | 2788 |
|
to a sexually violent
predator specification that was included in | 2789 |
|
the indictment, count in the
indictment, or information charging | 2790 |
|
that offense, the court shall impose
sentence upon the offender in | 2791 |
|
accordance with section 2971.03 of the Revised
Code, and Chapter | 2792 |
|
2971. of the Revised Code applies regarding the prison term
or | 2793 |
|
term of life imprisonment without parole imposed upon the offender | 2794 |
|
and the
service of that term of imprisonment. | 2795 |
| (I) If an offender who is convicted of or pleads guilty to a | 2803 |
|
felony that is an offense of violence
also is convicted of or | 2804 |
|
pleads guilty to a specification of the
type described in section | 2805 |
|
2941.142 of the
Revised Code that charges the offender with having | 2806 |
|
committed
the felony while participating in a criminal gang, the | 2807 |
|
court shall impose upon
the offender an additional prison term of | 2808 |
|
one, two, or three years. | 2809 |
| (J) If an offender who is convicted of or pleads guilty to | 2810 |
|
aggravated murder, murder, or a
felony of the first, second, or | 2811 |
|
third degree that is an
offense of violence also is convicted of | 2812 |
|
or pleads guilty to a
specification of the type described in | 2813 |
|
section 2941.143 of the
Revised
Code that charges the offender | 2814 |
|
with having committed the offense in a school safety
zone or | 2815 |
|
towards a person in a school safety zone, the court shall impose | 2816 |
|
upon the offender an additional prison term of two years. The | 2817 |
|
offender shall
serve the additional two years consecutively to and | 2818 |
|
prior to the prison term
imposed for the underlying offense. | 2819 |
| (K) At the time of sentencing, the court
may recommend the | 2820 |
|
offender for
placement in a program of shock incarceration
under | 2821 |
|
section 5120.031 of the Revised Code or for
placement
in an | 2822 |
|
intensive program prison
under
section 5120.032 of the Revised | 2823 |
|
Code, disapprove placement of the
offender in a program of shock | 2824 |
|
incarceration or
an intensive
program
prison
of that nature, or | 2825 |
|
make
no recommendation on placement of
the offender.
In no case | 2826 |
|
shall
the department of rehabilitation and correction place the | 2827 |
|
offender
in a program or prison of that nature unless the | 2828 |
|
department
determines as specified in section 5120.031 or 5120.032 | 2829 |
|
of the
Revised Code, whichever is applicable, that the offender is | 2830 |
|
eligible for the placement. | 2831 |
| If the court does not make a recommendation under this | 2848 |
|
division with
respect to an
offender
and if the
department | 2849 |
|
determines as specified in section 5120.031 or 5120.032
of the | 2850 |
|
Revised Code, whichever is applicable, that the offender is | 2851 |
|
eligible for placement in a program or prison of that nature, the | 2852 |
|
department shall screen the offender and
determine if there is an | 2853 |
|
available program of shock incarceration or an
intensive program | 2854 |
|
prison for which the offender is suited. If there is an
available | 2855 |
|
program of shock incarceration or an intensive program prison for | 2856 |
|
which the offender is suited, the department shall notify the | 2857 |
|
court of the
proposed placement of the offender
as specified in | 2858 |
|
section 5120.031 or 5120.032 of the Revised Code and shall include | 2859 |
|
with the notice a brief
description of the placement. The court | 2860 |
|
shall have ten days from receipt of
the notice to disapprove the | 2861 |
|
placement. | 2862 |
| Section 6. (A) Section 2929.13 of the Revised Code, | 2868 |
| effective until January 1, 2004, is
presented in Section 1 of
this | 2869 |
| act as a composite of the section as amended by
both Am. Sub. H.B. | 2870 |
| 327 and Sub. H.B. 485 of
the 124th General
Assembly. Section | 2871 |
| 2929.14 of the Revised Code, effective
until January 1, 2004, is | 2872 |
|
presented in
Section 1 of this act as a composite of
the section | 2873 |
| as amended by
both Am. Sub. H.B. 327 and Sub. H.B.
485 of
the | 2874 |
| 124th General
Assembly. The General Assembly, applying the | 2875 |
|
principle stated in
division (B) of section 1.52 of the Revised | 2876 |
|
Code that amendments
are to be harmonized if reasonably capable of | 2877 |
|
simultaneous
operation, finds that the composites are the | 2878 |
| resulting
versions of
the sections in effect prior to the | 2879 |
| effective date of
the sections
as presented in Section 1 of this | 2880 |
| act. | 2881 |
| (B) Section 2929.13 of the Revised Code, effective
on January | 2882 |
| 1, 2004, is
presented in
Section 3 of this act as a composite of | 2883 |
|
the section as amended by
Am. Sub. H.B. 327, Sub. H.B.
485, and | 2884 |
| Am. Sub. S.B. 123 of
the 124th General
Assembly. Section 2929.14 | 2885 |
| of the Revised Code, effective
on January 1, 2004, is
presented in | 2886 |
|
Section 3 of this act as a composite of
the section as amended by | 2887 |
|
Am. Sub. H.B. 327, Sub. H.B.
485, and Am. Sub. S.B. 123 of
the | 2888 |
| 124th General
Assembly. The General Assembly, applying
the | 2889 |
|
principle stated in
division (B) of section 1.52 of the
Revised | 2890 |
|
Code that amendments
are to be harmonized if reasonably
capable of | 2891 |
|
simultaneous
operation, finds that the composites are the | 2892 |
|
resulting
versions of
the sections in effect prior to the | 2893 |
| effective
date of
the sections
as presented in Section 3 of this | 2894 |
| act. | 2895 |