REPRESENTATIVES Hughes, Latta, Gilb, Grendell, DePiero, Seaver, Redfern, Young, Willamowski, D. Evans, Barrett, Brown, Buehrer, Carano, Carmichael, Chandler, Cirelli, DeGeeter, DeWine, Distel, Domenick, Driehaus, C. Evans, Flowers, Hagan, Hartnett, Husted, Jolivette, McGregor, Oelslager, Olman, Otterman, T. Patton, Perry, Reidelbach, Schaffer, Schlichter, Schmidt, Sferra, Skindell, D. Stewart, Walcher, Widener, Wilson, Wolpert, Woodard

To amend sections 2152.17, 2903.06, 2903.08, 2929.01,

1

2929.13, 2929.14, 4511.98, and 5501.27 and to

2

enact sections 2941.1413 and 2941.1414 of the

3

Revised Code to expand the offenses of aggravated

4

vehicular homicide, vehicular homicide, and

5

vehicular assault to also prohibit causing death

6

or physical harm as a proximate result of

7

committing a reckless operation or speeding

8

violation in a construction zone, to impose a

9

five-year mandatory prison term for a conviction

10

of aggravated vehicular homicide and a peace

11

officer victim specification, and to impose a

12

three-year mandatory prison term for a conviction

13

of aggravated vehicular homicide and a

14

specification of three OVI-related violations.

15

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

Section 1. That sections 2152.17, 2903.06, 2903.08, 2929.01,	16
2929.13, 2929.14, 4511.98, and 5501.27 be amended and sections	17
2941.1413 and 2941.1414 of the Revised Code be enacted to read as	18
follows:	19

Sec. 2152.17.  (A) Subject to division (D) of this section,	20
if a child is adjudicated a delinquent child for committing an	21
act, other than a violation of section 2923.12 of the Revised	22
Code, that would be a felony if committed by an adult and if the	23
court determines that, if the child was an adult, the child would	24
be guilty of a specification of the type set forth in section	25
2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412, 2941.1413,	26
or 2941.1414 of the Revised Code, in addition to any commitment or	27
other disposition the court imposes for the underlying delinquent	28
act, all of the following apply:	29

(1) If the court determines that the child would be guilty of	30
a specification of the type set forth in section 2941.141 of the	31
Revised Code, the court may commit the child to the department of	32
youth services for the specification for a definite period of up	33
to one year.	34

(2) If the court determines that the child would be guilty of	35
a specification of the type set forth in section 2941.145 or	36
2941.1414 of the Revised Code, the court shall commit the child to	37
the department of youth services for the specification for a	38
definite period of not less than one and not more than three	39
years, and the court also shall commit the child to the department	40
for the underlying delinquent act under sections 2152.11 to	41
2152.16 of the Revised Code.	42

(3) If the court determines that the child would be guilty of	43
a specification of the type set forth in section 2941.144,	44
2941.146, or 2941.1412, or 2941.1413 of the Revised Code, the	45
court shall commit the child to the department of youth services	46
for the specification for a definite period of not less than one	47
and not more than five years, and the court also shall commit the	48
child to the department for the underlying delinquent act under	49
sections 2152.11 to 2152.16 of the Revised Code.	50

(B) Division (A) of this section also applies to a child who	51
is an accomplice to the same extent the firearm specifications	52
would apply to an adult accomplice in a criminal proceeding.	53

(C) If a child is adjudicated a delinquent child for	54
committing an act that would be aggravated murder, murder, or a	55
first, second, or third degree felony offense of violence if	56
committed by an adult and if the court determines that, if the	57
child was an adult, the child would be guilty of a specification	58
of the type set forth in section 2941.142 of the Revised Code in	59
relation to the act for which the child was adjudicated a	60
delinquent child, the court shall commit the child for the	61
specification to the legal custody of the department of youth	62
services for institutionalization in a secure facility for a	63
definite period of not less than one and not more than three	64
years, subject to division (D)(2) of this section, and the court	65
also shall commit the child to the department for the underlying	66
delinquent act.	67

(D)(1) If the child is adjudicated a delinquent child for	68
committing an act that would be an offense of violence that is a	69
felony if committed by an adult and is committed to the legal	70
custody of the department of youth services pursuant to division	71
(A)(1) of section 2152.16 of the Revised Code and if the court	72
determines that the child, if the child was an adult, would be	73
guilty of a specification of the type set forth in section	74
2941.1411 of the Revised Code in relation to the act for which the	75
child was adjudicated a delinquent child, the court may commit the	76
child to the custody of the department of youth services for	77
institutionalization in a secure facility for up to two years,	78
subject to division (D)(2) of this section.	79

(2) A court that imposes a period of commitment under	80
division (A) of this section is not precluded from imposing an	81
additional period of commitment under division (C) or (D)(1) of	82
this section, a court that imposes a period of commitment under	83
division (C) of this section is not precluded from imposing an	84
additional period of commitment under division (A) or (D)(1) of	85
this section, and a court that imposes a period of commitment	86
under division (D)(1) of this section is not precluded from	87
imposing an additional period of commitment under division (A) or	88
(C) of this section.	89

(E) The court shall not commit a child to the legal custody	90
of the department of youth services for a specification pursuant	91
to this section for a period that exceeds five years for any one	92
delinquent act. Any commitment imposed pursuant to division (A),	93
(B), (C), or (D)(1) of this section shall be in addition to, and	94
shall be served consecutively with and prior to, a period of	95
commitment ordered under this chapter for the underlying	96
delinquent act, and each commitment imposed pursuant to division	97
(A), (B), (C), or (D)(1) of this section shall be in addition to,	98
and shall be served consecutively with, any other period of	99
commitment imposed under those divisions. If a commitment is	100
imposed under division (A) or (B) of this section and a commitment	101
also is imposed under division (C) of this section, the period	102
imposed under division (A) or (B) of this section shall be served	103
prior to the period imposed under division (C) of this section.	104

In each case in which a court makes a disposition under this	105
section, the court retains control over the commitment for the	106
entire period of the commitment.	107

The total of all the periods of commitment imposed for any	108
specification under this section and for the underlying offense	109
shall not exceed the child's attainment of twenty-one years of	110
age.	111

(F) If a child is adjudicated a delinquent child for	112
committing two or more acts that would be felonies if committed by	113
an adult and if the court entering the delinquent child	114
adjudication orders the commitment of the child for two or more of	115
those acts to the legal custody of the department of youth	116
services for institutionalization in a secure facility pursuant to	117
section 2152.13 or 2152.16 of the Revised Code, the court may	118
order that all of the periods of commitment imposed under those	119
sections for those acts be served consecutively in the legal	120
custody of the department of youth services, provided that those	121
periods of commitment shall be in addition to and commence	122
immediately following the expiration of a period of commitment	123
that the court imposes pursuant to division (A), (B), (C), or	124
(D)(1) of this section. A court shall not commit a delinquent	125
child to the legal custody of the department of youth services	126
under this division for a period that exceeds the child's	127
attainment of twenty-one years of age.	128

(G) If a child is adjudicated a delinquent child for	129
committing an act that if committed by an adult would be	130
aggravated murder, murder, rape, felonious sexual penetration in	131
violation of former section 2907.12 of the Revised Code,	132
involuntary manslaughter, a felony of the first or second degree	133
resulting in the death of or physical harm to a person, complicity	134
in or an attempt to commit any of those offenses, or an offense	135
under an existing or former law of this state that is or was	136
substantially equivalent to any of those offenses and if the court	137
in its order of disposition for that act commits the child to the	138
custody of the department of youth services, the adjudication	139
shall be considered a conviction for purposes of a future	140
determination pursuant to Chapter 2929. of the Revised Code as to	141
whether the child, as an adult, is a repeat violent offender.	142

Sec. 2903.06.  (A) No person, while operating or	143
participating in the operation of a motor vehicle, motorcycle,	144
snowmobile, locomotive, watercraft, or aircraft, shall cause the	145
death of another or the unlawful termination of another's	146
pregnancy in any of the following ways:	147

(1)(a) As the proximate result of committing a violation of	148
division (A) of section 4511.19 of the Revised Code or of a	149
substantially equivalent municipal ordinance;	150

(b) As the proximate result of committing a violation of	151
division (A) of section 1547.11 of the Revised Code or of a	152
substantially equivalent municipal ordinance;	153

(c) As the proximate result of committing a violation of	154
division (A)(3) of section 4561.15 of the Revised Code or of a	155
substantially equivalent municipal ordinance.	156

(2) In one of the following ways:

157

(a) Recklessly;

158

(b) As the proximate result of committing, while operating or	159
participating in the operation of a motor vehicle or motorcycle in	160
a construction zone, a reckless operation offense, provided that	161
this division applies only if the person whose death is caused or	162
whose pregnancy is unlawfully terminated is working in the	163
construction zone at the time of the offender's commission of the	164
reckless operation offense in the construction zone.	165

(3) In one of the following ways:

166

(a) Negligently;

167

(b) As the proximate result of committing, while operating or	168
participating in the operation of a motor vehicle or motorcycle in	169
a construction zone, a speeding offense, provided that this	170
division applies only if the person whose death is caused or whose	171
pregnancy is unlawfully terminated is working in the construction	172
zone at the time of the offender's commission of the speeding	173
offense in the construction zone.	174

(4) As the proximate result of committing a violation of any	175
provision of any section contained in Title XLV of the Revised	176
Code that is a minor misdemeanor or of a municipal ordinance that,	177
regardless of the penalty set by ordinance for the violation, is	178
substantially equivalent to any provision of any section contained	179
in Title XLV of the Revised Code that is a minor misdemeanor.	180

(B)(1) Whoever violates division (A)(1) or (2) of this	181
section is guilty of aggravated vehicular homicide and shall be	182
punished as provided in divisions (B)(2) and (3) of this section.	183

(2)(a) Except as otherwise provided in this division,	184
aggravated vehicular homicide committed in violation of division	185
(A)(1) of this section is a felony of the second degree.	186
Aggravated vehicular homicide committed in violation of division	187
(A)(1) of this section is a felony of the first degree if any of	188
the following apply:	189

(i) At the time of the offense, the offender was driving	190
under a suspension imposed under Chapter 4510. or any other	191
provision of the Revised Code.	192

(ii) The offender previously has been convicted of or pleaded	193
guilty to a violation of this section.	194

(iii) The offender previously has been convicted of or	195
pleaded guilty to any traffic-related homicide, manslaughter, or	196
assault offense.	197

(iv) The offender previously has been convicted of or pleaded	198
guilty to three or more prior violations of section 4511.19 of the	199
Revised Code or of a substantially equivalent municipal ordinance	200
within the previous six years.	201

(v) The offender previously has been convicted of or pleaded	202
guilty to three or more prior violations of division (A) of	203
section 1547.11 of the Revised Code or of a substantially	204
equivalent municipal ordinance within the previous six years.	205

(vi) The offender previously has been convicted of or pleaded	206
guilty to three or more prior violations of division (A)(3) of	207
section 4561.15 of the Revised Code or of a substantially	208
equivalent municipal ordinance within the previous six years.	209

(vii) The offender previously has been convicted of or	210
pleaded guilty to three or more violations of any combination of	211
the offenses listed in division (B)(2)(a)(iv), (v), or (vi) of	212
this section.	213

(viii) The offender previously has been convicted of or	214
pleaded guilty to a second or subsequent felony violation of	215
division (A) of section 4511.19 of the Revised Code.	216

(b) In addition to any other sanctions imposed pursuant to	217
division (B)(2)(a) of this section for aggravated vehicular	218
homicide committed in violation of division (A)(1) of this	219
section, the court shall impose upon the offender a class one	220
suspension of the offender's driver's license, commercial driver's	221
license, temporary instruction permit, probationary license, or	222
nonresident operating privilege as specified in division (A)(1) of	223
section 4510.02 of the Revised Code.	224

(3) Except as otherwise provided in this division, aggravated	225
vehicular homicide committed in violation of division (A)(2)(a) or	226
(2)(b) of this section is a felony of the third degree. Aggravated	227
vehicular homicide committed in violation of division (A)(2)(a) or	228
(2)(b) of this section is a felony of the second degree if, at the	229
time of the offense, the offender was driving under a suspension	230
imposed under Chapter 4510. or any other provision of the Revised	231
Code or if the offender previously has been convicted of or	232
pleaded guilty to a violation of this section or any	233
traffic-related homicide, manslaughter, or assault offense.	234

In addition to any other sanctions imposed pursuant to this	235
division for a violation of division (A)(2)(a) or (2)(b) of this	236
section, the court shall impose upon the offender a class two	237
suspension of the offender's driver's license, commercial driver's	238
license, temporary instruction permit, probationary license, or	239
nonresident operating privilege from the range specified in	240
division (A)(2) of section 4510.02 of the Revised Code.	241

(C) Whoever violates division (A)(3) of this section is	242
guilty of vehicular homicide. Except as otherwise provided in this	243
division, vehicular homicide is a misdemeanor of the first degree,	244
and, for a violation of division (A)(3)(b) of this section, the	245
court shall impose upon the offender a term of imprisonment of at	246
least fifteen days and may impose upon the offender a longer term	247
of imprisonment pursuant to section 2929.24 of the Revised Code.	248
Vehicular homicide committed in violation of division (A)(3)(a) or	249
(b) of this section is a felony of the fourth degree if, at the	250
time of the offense, the offender was driving under a suspension	251
or revocation imposed under Chapter 4507. or any other provision	252
of the Revised Code or if the offender previously has been	253
convicted of or pleaded guilty to a violation of this section or	254
any traffic-related homicide, manslaughter, or assault offense.	255

In addition to any other sanctions imposed pursuant to this	256
division, the court shall impose upon the offender a class four	257
suspension of the offender's driver's license, commercial driver's	258
license, temporary instruction permit, probationary license, or	259
nonresident operating privilege from the range specified in	260
division (A)(4) of section 4510.02 of the Revised Code or, if the	261
offender previously has been convicted of or pleaded guilty to a	262
violation of this section or any traffic-related homicide,	263
manslaughter, or assault offense, a class three suspension of the	264
offender's driver's license, commercial driver's license,	265
temporary instruction permit, probationary license, or nonresident	266
operating privilege from the range specified in division (A)(3) of	267
that section.	268

(D) Whoever violates division (A)(4) of this section is	269
guilty of vehicular manslaughter. Except as otherwise provided in	270
this division, vehicular manslaughter is a misdemeanor of the	271
second degree. Vehicular manslaughter is a misdemeanor of the	272
first degree if, at the time of the offense, the offender was	273
driving under a suspension imposed under Chapter 4510. or any	274
other provision of the Revised Code or if the offender previously	275
has been convicted of or pleaded guilty to a violation of this	276
section or any traffic-related homicide, manslaughter, or assault	277
offense.	278

In addition to any other sanctions imposed pursuant to this	279
division, the court shall impose upon the offender a class six	280
suspension of the offender's driver's license, commercial driver's	281
license, temporary instruction permit, probationary license, or	282
nonresident operating privilege from the range specified in	283
division (A)(6) of section 4510.02 of the Revised Code or, if the	284
offender previously has been convicted of or pleaded guilty to a	285
violation of this section or any traffic-related homicide,	286
manslaughter, or assault offense, a class four suspension of the	287
offender's driver's license, commercial driver's license,	288
temporary instruction permit, probationary license, or nonresident	289
operating privilege from the range specified in division (A)(4) of	290
that section.	291

(E) The court shall impose a mandatory prison term on an	292
offender who is convicted of or pleads guilty to a violation of	293
division (A)(1) of this section. The court shall impose a	294
mandatory prison term on an offender who is convicted of or pleads	295
guilty to a violation of division (A)(2)(b) or a felony violation	296
of division (A)(3)(b) of this section if the offender previously	297
has been convicted of or pleaded guilty to a violation of this	298
section or section 2903.08 of the Revised Code. The court shall	299
impose a mandatory prison term on an offender who is convicted of	300
or pleads guilty to a violation of division (A)(2)(a) or (3)(a) of	301
this section if either of the following applies:	302

(1) The offender previously has been convicted of or pleaded	303
guilty to a violation of this section or section 2903.08 of the	304
Revised Code.	305

(2) At the time of the offense, the offender was driving	306
under suspension under Chapter 4510. or any other provision of the	307
Revised Code.	308

(F)(1) As used in this section:

309

(a) "Mandatory prison term" has the same meaning as in	310
section 2929.01 of the Revised Code.	311

(b) "Traffic-related homicide, manslaughter, or assault	312
offense" means a violation of section 2903.04 of the Revised Code	313
in circumstances in which division (D) of that section applies, a	314
violation of section 2903.06 or 2903.08 of the Revised Code, or a	315
violation of section 2903.06, 2903.07, or 2903.08 of the Revised	316
Code as they existed prior to March 23, 2000.	317

(c) "Construction zone" has the same meaning as in section	318
5501.27 of the Revised Code.	319

(d) "Reckless operation offense" means a violation of section	320
4511.20 of the Revised Code or a municipal ordinance substantially	321
equivalent to section 4511.20 of the Revised Code.	322

(e) "Speeding offense" means a violation of section 4511.21	323
of the Revised Code or a municipal ordinance pertaining to speed.	324

(2) For the purposes of this section, when a penalty or	325
suspension is enhanced because of a prior or current violation of	326
a specified law or a prior or current specified offense, the	327
reference to the violation of the specified law or the specified	328
offense includes any violation of any substantially equivalent	329
municipal ordinance, former law of this state, or current or	330
former law of another state or the United States.	331

Sec. 2903.08.  (A) No person, while operating or	332
participating in the operation of a motor vehicle, motorcycle,	333
snowmobile, locomotive, watercraft, or aircraft, shall cause	334
serious physical harm to another person or another's unborn in	335
eitherdo any of the following ways:	336

(1)(a) AsCause serious physical harm to another person or	337
another's unborn as the proximate result of committing a violation	338
of division (A) of section 4511.19 of the Revised Code or of a	339
substantially equivalent municipal ordinance;	340

(b) AsCause serious physical harm to another person or	341
another's unborn as the proximate result of committing a violation	342
of division (A) of section 1547.11 of the Revised Code or of a	343
substantially equivalent municipal ordinance;	344

(c) AsCause serious physical harm to another person or	345
another's unborn as the proximate result of committing a violation	346
of division (A)(3) of section 4561.15 of the Revised Code or of a	347
substantially equivalent municipal ordinance.	348

(2) Either of the following:

349

(a) Cause physical harm to another person or another's unborn	350
as the proximate result of committing, while operating or	351
participating in the operation of a motor vehicle or motorcycle in	352
a construction zone, a reckless operation offense, provided that	353
this division applies only if the person who is physically harmed	354
or whose unborn is physically harmed is working in the	355
construction zone at the time of the offender's commission of the	356
reckless operation offense in the construction zone;	357

(b) Recklessly cause serious physical harm to another person	358
or another's unborn.	359

(3) Cause physical harm to another person or another's unborn	360
as the proximate result of committing, while operating or	361
participating in the operation of a motor vehicle or motorcycle in	362
a construction zone, a speeding offense, provided that this	363
division applies only if the person who is physically harmed or	364
whose unborn is physically harmed is working in the construction	365
zone at the time of the offender's commission of the speeding	366
offense in the construction zone.	367

(B)(1) Whoever violates division (A)(1) of this section is	368
guilty of aggravated vehicular assault. Except as otherwise	369
provided in this division, aggravated vehicular assault is a	370
felony of the third degree. Aggravated vehicular assault is a	371
felony of the second degree if any of the following apply:	372

(a) At the time of the offense, the offender was driving	373
under a suspension imposed under Chapter 4510. or any other	374
provision of the Revised Code.	375

(b) The offender previously has been convicted of or pleaded	376
guilty to a violation of this section.	377

(c) The offender previously has been convicted of or pleaded	378
guilty to any traffic-related homicide, manslaughter, or assault	379
offense.	380

(d) The offender previously has been convicted of or pleaded	381
guilty to three or more prior violations of section 4511.19 of the	382
Revised Code or a substantially equivalent municipal ordinance	383
within the previous six years.	384

(e) The offender previously has been convicted of or pleaded	385
guilty to three or more prior violations of division (A) of	386
section 1547.11 of the Revised Code or of a substantially	387
equivalent municipal ordinance within the previous six years.	388

(f) The offender previously has been convicted of or pleaded	389
guilty to three or more prior violations of division (A)(3) of	390
section 4561.15 of the Revised Code or of a substantially	391
equivalent municipal ordinance within the previous six years.	392

(g) The offender previously has been convicted of or pleaded	393
guilty to three or more prior violations of any combination of the	394
offenses listed in division (B)(1)(d), (e), or (f) of this	395
section.	396

(h) The offender previously has been convicted of or pleaded	397
guilty to a second or subsequent felony violation of division (A)	398
of section 4511.19 of the Revised Code.	399

(2) In addition to any other sanctions imposed pursuant to	400
division (B)(1) of this section, the court shall impose upon the	401
offender a class three suspension of the offender's driver's	402
license, commercial driver's license, temporary instruction	403
permit, probationary license, or nonresident operating privilege	404
from the range specified in division (A)(3) of section 4510.02 of	405
the Revised Code or, if the offender previously has been convicted	406
of or pleaded guilty to a violation of this section or any	407
traffic-related homicide, manslaughter, or assault offense, a	408
class two suspension of the offender's driver's license,	409
commercial driver's license, temporary instruction permit,	410
probationary license, or nonresident operating privilege from the	411
range specified in division (A)(2) of that section.	412

(C)(1) Whoever violates division (A)(2) or (3) of this	413
section is guilty of vehicular assault and shall be punished as	414
provided in divisions (C)(2) and (3) of this section. Except	415

(2) Except as otherwise provided in this division, vehicular	416
assault committed in violation of division (A)(2)(a) or (b) of	417
this section is a felony of the fourth degree. Vehicular assault	418
committed in violation of division (A)(2)(a) or (b) of this	419
section is a felony of the third degree if, at the time of the	420
offense, the offender was driving under a suspension imposed under	421
Chapter 4510. or any other provision of the Revised Code or if the	422
offender previously has been convicted of or pleaded guilty to a	423
violation of this section or any traffic-related homicide,	424
manslaughter, or assault offense.	425

In addition to any other sanctions imposed, the court shall	426
impose upon the offender a class four suspension of the offender's	427
driver's license, commercial driver's license, temporary	428
instruction permit, probationary license, or nonresident operating	429
privilege from the range specified in division (A)(4) of section	430
4510.02 of the Revised Code or, if the offender previously has	431
been convicted of or pleaded guilty to a violation of this section	432
or any traffic-related homicide, manslaughter, or assault offense,	433
a class three suspension of the offender's driver's license,	434
commercial driver's license, temporary instruction permit,	435
probationary license, or nonresident operating privilege from the	436
range specified in division (A)(3) of that section.	437

(3) Except as otherwise provided in this division, vehicular	438
assault committed in violation of division (A)(3) of this section	439
is a misdemeanor of the first degree, and the court shall impose	440
upon the offender a term of imprisonment of at least seven days	441
and may impose upon the offender a longer term of imprisonment	442
pursuant to section 2929.24 of the Revised Code. Vehicular assault	443
committed in violation of division (A)(3) of this section is a	444
felony of the fourth degree if, at the time of the offense, the	445
offender was driving under a suspension imposed under Chapter	446
4510. or any other provision of the Revised Code or if the	447
offender previously has been convicted of or pleaded guilty to a	448
violation of this section or any traffic-related homicide,	449
manslaughter, or assault offense.	450

In addition to any other sanctions imposed, the court shall	451
impose upon the offender a class four suspension of the offender's	452
driver's license, commercial driver's license, temporary	453
instruction permit, probationary license, or nonresident operating	454
privilege from the range specified in division (A)(4) of section	455
4510.02 of the Revised Code or, if the offender previously has	456
been convicted of or pleaded guilty to a violation of this section	457
or any traffic-related homicide, manslaughter, or assault offense,	458
a class three suspension of the offender's driver's license,	459
commercial driver's license, temporary instruction permit,	460
probationary license, or nonresident operating privilege from the	461
range specified in division (A)(3) of section 4510.02 of the	462
Revised Code.	463

(D)(1) The court shall impose a mandatory prison term on an	464
offender who is convicted of or pleads guilty to a violation of	465
division (A)(1) of this section. The	466

(2) The court shall impose a mandatory prison term on an	467
offender who is convicted of or pleads guilty to a violation of	468
division (A)(2)(b) of this section if either of the following	469
applies:	470

(1)(a) The offender previously has been convicted of or	471
pleaded guilty to a violation of this section or section 2903.06	472
of the Revised Code.	473

(2)(b) At the time of the offense, the offender was driving	474
under suspension under Chapter 4510. or any other provision of the	475
Revised Code.	476

(3) The court shall impose a mandatory prison term on an	477
offender who is convicted of or pleads guilty to a violation of	478
division (A)(2)(a) or (A)(3) of this section if the offender	479
previously has been convicted of or pleaded guilty to a violation	480
of this section or section 2903.06 of the Revised Code.	481

(E) As used in this section:

482

(1) "Mandatory prison term" has the same meaning as in	483
section 2929.01 of the Revised Code.	484

(2) "Traffic-related homicide, manslaughter, or assault	485
offense" has the same meaning as in section 2903.06 of the Revised	486
Code.	487

(3) "Construction zone" has the same meaning as in section	488
5501.27 of the Revised Code.	489

(4) "Reckless operation offense" and "speeding offense" have	490
the same meanings as in section 2903.06 of the Revised Code.	491

(F) For the purposes of this section, when a penalty or	492
suspension is enhanced because of a prior or current violation of	493
a specified law or a prior or current specified offense, the	494
reference to the violation of the specified law or the specified	495
offense includes any violation of any substantially equivalent	496
municipal ordinance, former law of this state, or current or	497
former law of another state or the United States.	498

Sec. 2929.01.  As used in this chapter:

499

(A)(1) "Alternative residential facility" means, subject to	500
division (A)(2) of this section, any facility other than an	501
offender's home or residence in which an offender is assigned to	502
live and that satisfies all of the following criteria:	503

(a) It provides programs through which the offender may seek	504
or maintain employment or may receive education, training,	505
treatment, or habilitation.	506

(b) It has received the appropriate license or certificate	507
for any specialized education, training, treatment, habilitation,	508
or other service that it provides from the government agency that	509
is responsible for licensing or certifying that type of education,	510
training, treatment, habilitation, or service.	511

(2) "Alternative residential facility" does not include a	512
community-based correctional facility, jail, halfway house, or	513
prison.	514

(B) "Bad time" means the time by which the parole board	515
administratively extends an offender's stated prison term or terms	516
pursuant to section 2967.11 of the Revised Code because the parole	517
board finds by clear and convincing evidence that the offender,	518
while serving the prison term or terms, committed an act that is a	519
criminal offense under the law of this state or the United States,	520
whether or not the offender is prosecuted for the commission of	521
that act.	522

(C) "Basic probation supervision" means a requirement that	523
the offender maintain contact with a person appointed to supervise	524
the offender in accordance with sanctions imposed by the court or	525
imposed by the parole board pursuant to section 2967.28 of the	526
Revised Code. "Basic probation supervision" includes basic parole	527
supervision and basic post-release control supervision.	528

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	529
"unit dose" have the same meanings as in section 2925.01 of the	530
Revised Code.	531

(E) "Community-based correctional facility" means a	532
community-based correctional facility and program or district	533
community-based correctional facility and program developed	534
pursuant to sections 2301.51 to 2301.56 of the Revised Code.	535

(F) "Community control sanction" means a sanction that is not	536
a prison term and that is described in section 2929.15, 2929.16,	537
2929.17, or 2929.18 of the Revised Code or a sanction that is not	538
a jail term and that is described in section 2929.26, 2929.27, or	539
2929.28 of the Revised Code. "Community control sanction" includes	540
probation if the sentence involved was imposed for a felony that	541
was committed prior to July 1, 1996, or if the sentence involved	542
was imposed for a misdemeanor that was committed prior to January	543
1, 2004.	544

(G) "Controlled substance," "marihuana," "schedule I," and	545
"schedule II" have the same meanings as in section 3719.01 of the	546
Revised Code.	547

(H) "Curfew" means a requirement that an offender during a	548
specified period of time be at a designated place.	549

(I) "Day reporting" means a sanction pursuant to which an	550
offender is required each day to report to and leave a center or	551
other approved reporting location at specified times in order to	552
participate in work, education or training, treatment, and other	553
approved programs at the center or outside the center.	554

(J) "Deadly weapon" has the same meaning as in section	555
2923.11 of the Revised Code.	556

(K) "Drug and alcohol use monitoring" means a program under	557
which an offender agrees to submit to random chemical analysis of	558
the offender's blood, breath, or urine to determine whether the	559
offender has ingested any alcohol or other drugs.	560

(L) "Drug treatment program" means any program under which a	561
person undergoes assessment and treatment designed to reduce or	562
completely eliminate the person's physical or emotional reliance	563
upon alcohol, another drug, or alcohol and another drug and under	564
which the person may be required to receive assessment and	565
treatment on an outpatient basis or may be required to reside at a	566
facility other than the person's home or residence while	567
undergoing assessment and treatment.	568

(M) "Economic loss" means any economic detriment suffered by	569
a victim as a result of the commission of a felony and includes	570
any loss of income due to lost time at work because of any injury	571
caused to the victim, and any property loss, medical cost, or	572
funeral expense incurred as a result of the commission of the	573
felony.	574

(N) "Education or training" includes study at, or in	575
conjunction with a program offered by, a university, college, or	576
technical college or vocational study and also includes the	577
completion of primary school, secondary school, and literacy	578
curricula or their equivalent.	579

(O) "Firearm" has the same meaning as in section 2923.11 of	580
the Revised Code.	581

(P) "Halfway house" means a facility licensed by the division	582
of parole and community services of the department of	583
rehabilitation and correction pursuant to section 2967.14 of the	584
Revised Code as a suitable facility for the care and treatment of	585
adult offenders.	586

(Q) "House arrest" means a period of confinement of an	587
offender that is in the offender's home or in other premises	588
specified by the sentencing court or by the parole board pursuant	589
to section 2967.28 of the Revised Code and during which all of the	590
following apply:	591

(1) The offender is required to remain in the offender's home	592
or other specified premises for the specified period of	593
confinement, except for periods of time during which the offender	594
is at the offender's place of employment or at other premises as	595
authorized by the sentencing court or by the parole board.	596

(2) The offender is required to report periodically to a	597
person designated by the court or parole board.	598

(3) The offender is subject to any other restrictions and	599
requirements that may be imposed by the sentencing court or by the	600
parole board.	601

(R) "Intensive probation supervision" means a requirement	602
that an offender maintain frequent contact with a person appointed	603
by the court, or by the parole board pursuant to section 2967.28	604
of the Revised Code, to supervise the offender while the offender	605
is seeking or maintaining necessary employment and participating	606
in training, education, and treatment programs as required in the	607
court's or parole board's order. "Intensive probation supervision"	608
includes intensive parole supervision and intensive post-release	609
control supervision.	610

(S) "Jail" means a jail, workhouse, minimum security jail, or	611
other residential facility used for the confinement of alleged or	612
convicted offenders that is operated by a political subdivision or	613
a combination of political subdivisions of this state.	614

(T) "Jail term" means the term in a jail that a sentencing	615
court imposes or is authorized to impose pursuant to section	616
2929.24 or 2929.25 of the Revised Code or pursuant to any other	617
provision of the Revised Code that authorizes a term in a jail for	618
a misdemeanor conviction.	619

(U) "Mandatory jail term" means the term in a jail that a	620
sentencing court is required to impose pursuant to division (G) of	621
section 1547.99 of the Revised Code, division (B) of section	622
4510.14 of the Revised Code, or division (G) of section 4511.19 of	623
the Revised Code or pursuant to any other provision of the Revised	624
Code that requires a term in a jail for a misdemeanor conviction.	625

(V) "Delinquent child" has the same meaning as in section	626
2152.02 of the Revised Code.	627

(W) "License violation report" means a report that is made by	628
a sentencing court, or by the parole board pursuant to section	629
2967.28 of the Revised Code, to the regulatory or licensing board	630
or agency that issued an offender a professional license or a	631
license or permit to do business in this state and that specifies	632
that the offender has been convicted of or pleaded guilty to an	633
offense that may violate the conditions under which the offender's	634
professional license or license or permit to do business in this	635
state was granted or an offense for which the offender's	636
professional license or license or permit to do business in this	637
state may be revoked or suspended.	638

(X) "Major drug offender" means an offender who is convicted	639
of or pleads guilty to the possession of, sale of, or offer to	640
sell any drug, compound, mixture, preparation, or substance that	641
consists of or contains at least one thousand grams of hashish; at	642
least one hundred grams of crack cocaine; at least one thousand	643
grams of cocaine that is not crack cocaine; at least two thousand	644
five hundred unit doses or two hundred fifty grams of heroin; at	645
least five thousand unit doses of L.S.D. or five hundred grams of	646
L.S.D. in a liquid concentrate, liquid extract, or liquid	647
distillate form; or at least one hundred times the amount of any	648
other schedule I or II controlled substance other than marihuana	649
that is necessary to commit a felony of the third degree pursuant	650
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	651
Code that is based on the possession of, sale of, or offer to sell	652
the controlled substance.	653

(Y) "Mandatory prison term" means any of the following:

654

(1) Subject to division (Y)(2) of this section, the term in	655
prison that must be imposed for the offenses or circumstances set	656
forth in divisions (F)(1) to (8) or (F)(12) to (14) of section	657
2929.13 and division (D) of section 2929.14 of the Revised Code.	658
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	659
and 2925.11 of the Revised Code, unless the maximum or another	660
specific term is required under section 2929.14 of the Revised	661
Code, a mandatory prison term described in this division may be	662
any prison term authorized for the level of offense.	663

(2) The term of sixty or one hundred twenty days in prison	664
that a sentencing court is required to impose for a third or	665
fourth degree felony OVI offense pursuant to division (G)(2) of	666
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	667
of the Revised Code.	668

(3) The term in prison imposed pursuant to section 2971.03 of	669
the Revised Code for the offenses and in the circumstances	670
described in division (F)(11) of section 2929.13 of the Revised	671
Code and that term as modified or terminated pursuant to section	672
2971.05 of the Revised Code.	673

(Z) "Monitored time" means a period of time during which an	674
offender continues to be under the control of the sentencing court	675
or parole board, subject to no conditions other than leading a	676
law-abiding life.	677

(AA) "Offender" means a person who, in this state, is	678
convicted of or pleads guilty to a felony or a misdemeanor.	679

(BB) "Prison" means a residential facility used for the	680
confinement of convicted felony offenders that is under the	681
control of the department of rehabilitation and correction but	682
does not include a violation sanction center operated under	683
authority of section 2967.141 of the Revised Code.	684

(CC) "Prison term" includes any of the following sanctions	685
for an offender:	686

(1) A stated prison term;

687

(2) A term in a prison shortened by, or with the approval of,	688
the sentencing court pursuant to section 2929.20, 2967.26,	689
5120.031, 5120.032, or 5120.073 of the Revised Code;	690

(3) A term in prison extended by bad time imposed pursuant to	691
section 2967.11 of the Revised Code or imposed for a violation of	692
post-release control pursuant to section 2967.28 of the Revised	693
Code.	694

(DD) "Repeat violent offender" means a person about whom both	695
of the following apply:	696

(1) The person has been convicted of or has pleaded guilty	697
to, and is being sentenced for committing, for complicity in	698
committing, or for an attempt to commit, aggravated murder,	699
murder, involuntary manslaughter, a felony of the first degree	700
other than one set forth in Chapter 2925. of the Revised Code, a	701
felony of the first degree set forth in Chapter 2925. of the	702
Revised Code that involved an attempt to cause serious physical	703
harm to a person or that resulted in serious physical harm to a	704
person, or a felony of the second degree that involved an attempt	705
to cause serious physical harm to a person or that resulted in	706
serious physical harm to a person.	707

(2) Either of the following applies:

708

(a) The person previously was convicted of or pleaded guilty	709
to, and previously served or, at the time of the offense was	710
serving, a prison term for, any of the following:	711

(i) Aggravated murder, murder, involuntary manslaughter,	712
rape, felonious sexual penetration as it existed under section	713
2907.12 of the Revised Code prior to September 3, 1996, a felony	714
of the first or second degree that resulted in the death of a	715
person or in physical harm to a person, or complicity in or an	716
attempt to commit any of those offenses;	717

(ii) An offense under an existing or former law of this	718
state, another state, or the United States that is or was	719
substantially equivalent to an offense listed under division	720
(DD)(2)(a)(i) of this section and that resulted in the death of a	721
person or in physical harm to a person.	722

(b) The person previously was adjudicated a delinquent child	723
for committing an act that if committed by an adult would have	724
been an offense listed in division (DD)(2)(a)(i) or (ii) of this	725
section, the person was committed to the department of youth	726
services for that delinquent act.	727

(EE) "Sanction" means any penalty imposed upon an offender	728
who is convicted of or pleads guilty to an offense, as punishment	729
for the offense. "Sanction" includes any sanction imposed pursuant	730
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	731
2929.28 of the Revised Code.	732

(FF) "Sentence" means the sanction or combination of	733
sanctions imposed by the sentencing court on an offender who is	734
convicted of or pleads guilty to an offense.	735

(GG) "Stated prison term" means the prison term, mandatory	736
prison term, or combination of all prison terms and mandatory	737
prison terms imposed by the sentencing court pursuant to section	738
2929.14 or 2971.03 of the Revised Code. "Stated prison term"	739
includes any credit received by the offender for time spent in	740
jail awaiting trial, sentencing, or transfer to prison for the	741
offense and any time spent under house arrest or house arrest with	742
electronic monitoring imposed after earning credits pursuant to	743
section 2967.193 of the Revised Code.	744

(HH) "Victim-offender mediation" means a reconciliation or	745
mediation program that involves an offender and the victim of the	746
offense committed by the offender and that includes a meeting in	747
which the offender and the victim may discuss the offense, discuss	748
restitution, and consider other sanctions for the offense.	749

(II) "Fourth degree felony OVI offense" means a violation of	750
division (A) of section 4511.19 of the Revised Code that, under	751
division (G) of that section, is a felony of the fourth degree.	752

(JJ) "Mandatory term of local incarceration" means the term	753
of sixty or one hundred twenty days in a jail, a community-based	754
correctional facility, a halfway house, or an alternative	755
residential facility that a sentencing court may impose upon a	756
person who is convicted of or pleads guilty to a fourth degree	757
felony OVI offense pursuant to division (G)(1) of section 2929.13	758
of the Revised Code and division (G)(1)(d) or (e) of section	759
4511.19 of the Revised Code.	760

(KK) "Designated homicide, assault, or kidnapping offense,"	761
"sexual motivation specification," "sexually violent offense,"	762
"sexually violent predator," and "sexually violent predator	763
specification" have the same meanings as in section 2971.01 of the	764
Revised Code.	765

(LL) "Habitual sex offender," "sexually oriented offense,"	766
"sexual predator," "registration-exempt sexually oriented	767
offense," "child-victim oriented offense," "habitual child-victim	768
offender," and "child-victim predator" have the same meanings as	769
in section 2950.01 of the Revised Code.	770

(MM) An offense is "committed in the vicinity of a child" if	771
the offender commits the offense within thirty feet of or within	772
the same residential unit as a child who is under eighteen years	773
of age, regardless of whether the offender knows the age of the	774
child or whether the offender knows the offense is being committed	775
within thirty feet of or within the same residential unit as the	776
child and regardless of whether the child actually views the	777
commission of the offense.	778

(NN) "Family or household member" has the same meaning as in	779
section 2919.25 of the Revised Code.	780

(OO) "Motor vehicle" and "manufactured home" have the same	781
meanings as in section 4501.01 of the Revised Code.	782

(PP) "Detention" and "detention facility" have the same	783
meanings as in section 2921.01 of the Revised Code.	784

(QQ) "Third degree felony OVI offense" means a violation of	785
division (A) of section 4511.19 of the Revised Code that, under	786
division (G) of that section, is a felony of the third degree.	787

(RR) "Random drug testing" has the same meaning as in section	788
5120.63 of the Revised Code.	789

(SS) "Felony sex offense" has the same meaning as in section	790
2967.28 of the Revised Code.	791

(TT) "Body armor" has the same meaning as in section	792
2941.1411 of the Revised Code.	793

(UU) "Electronic monitoring" means monitoring through the use	794
of an electronic monitoring device.	795

(VV) "Electronic monitoring device" means any of the	796
following:	797

(1) Any device that can be operated by electrical or battery	798
power and that conforms with all of the following:	799

(a) The device has a transmitter that can be attached to a	800
person, that will transmit a specified signal to a receiver of the	801
type described in division (VV)(1)(b) of this section if the	802
transmitter is removed from the person, turned off, or altered in	803
any manner without prior court approval in relation to electronic	804
monitoring or without prior approval of the department of	805
rehabilitation and correction in relation to the use of an	806
electronic monitoring device for an inmate on transitional control	807
or otherwise is tampered with, that can transmit continuously and	808
periodically a signal to that receiver when the person is within a	809
specified distance from the receiver, and that can transmit an	810
appropriate signal to that receiver if the person to whom it is	811
attached travels a specified distance from that receiver.	812

(b) The device has a receiver that can receive continuously	813
the signals transmitted by a transmitter of the type described in	814
division (VV)(1)(a) of this section, can transmit continuously	815
those signals by telephone to a central monitoring computer of the	816
type described in division (VV)(1)(c) of this section, and can	817
transmit continuously an appropriate signal to that central	818
monitoring computer if the receiver is turned off or altered	819
without prior court approval or otherwise tampered with.	820

(c) The device has a central monitoring computer that can	821
receive continuously the signals transmitted by telephone by a	822
receiver of the type described in division (VV)(1)(b) of this	823
section and can monitor continuously the person to whom an	824
electronic monitoring device of the type described in division	825
(VV)(1)(a) of this section is attached.	826

(2) Any device that is not a device of the type described in	827
division (VV)(1) of this section and that conforms with all of the	828
following:	829

(a) The device includes a transmitter and receiver that can	830
monitor and determine the location of a subject person at any	831
time, or at a designated point in time, through the use of a	832
central monitoring computer or through other electronic means.	833

(b) The device includes a transmitter and receiver that can	834
determine at any time, or at a designated point in time, through	835
the use of a central monitoring computer or other electronic means	836
the fact that the transmitter is turned off or altered in any	837
manner without prior approval of the court in relation to the	838
electronic monitoring or without prior approval of the department	839
of rehabilitation and correction in relation to the use of an	840
electronic monitoring device for an inmate on transitional control	841
or otherwise is tampered with.	842

(3) Any type of technology that can adequately track or	843
determine the location of a subject person at any time and that is	844
approved by the director of rehabilitation and correction,	845
including, but not limited to, any satellite technology, voice	846
tracking system, or retinal scanning system that is so approved.	847

Sec. 2929.13.  (A) Except as provided in division (E), (F),	848
or (G) of this section and unless a specific sanction is required	849
to be imposed or is precluded from being imposed pursuant to law,	850
a court that imposes a sentence upon an offender for a felony may	851
impose any sanction or combination of sanctions on the offender	852
that are provided in sections 2929.14 to 2929.18 of the Revised	853
Code. The sentence shall not impose an unnecessary burden on state	854
or local government resources.	855

If the offender is eligible to be sentenced to community	856
control sanctions, the court shall consider the appropriateness of	857
imposing a financial sanction pursuant to section 2929.18 of the	858
Revised Code or a sanction of community service pursuant to	859
section 2929.17 of the Revised Code as the sole sanction for the	860
offense. Except as otherwise provided in this division, if the	861
court is required to impose a mandatory prison term for the	862
offense for which sentence is being imposed, the court also may	863
impose a financial sanction pursuant to section 2929.18 of the	864
Revised Code but may not impose any additional sanction or	865
combination of sanctions under section 2929.16 or 2929.17 of the	866
Revised Code.	867

If the offender is being sentenced for a fourth degree felony	868
OVI offense or for a third degree felony OVI offense, in addition	869
to the mandatory term of local incarceration or the mandatory	870
prison term required for the offense by division (G)(1) or (2) of	871
this section, the court shall impose upon the offender a mandatory	872
fine in accordance with division (B)(3) of section 2929.18 of the	873
Revised Code and may impose whichever of the following is	874
applicable:	875

(1) For a fourth degree felony OVI offense for which sentence	876
is imposed under division (G)(1) of this section, an additional	877
community control sanction or combination of community control	878
sanctions under section 2929.16 or 2929.17 of the Revised Code;	879

(2) For a third or fourth degree felony OVI offense for which	880
sentence is imposed under division (G)(2) of this section, an	881
additional prison term as described in division (D)(4) of section	882
2929.14 of the Revised Code.	883

(B)(1) Except as provided in division (B)(2), (E), (F), or	884
(G) of this section, in sentencing an offender for a felony of the	885
fourth or fifth degree, the sentencing court shall determine	886
whether any of the following apply:	887

(a) In committing the offense, the offender caused physical	888
harm to a person.	889

(b) In committing the offense, the offender attempted to	890
cause or made an actual threat of physical harm to a person with a	891
deadly weapon.	892

(c) In committing the offense, the offender attempted to	893
cause or made an actual threat of physical harm to a person, and	894
the offender previously was convicted of an offense that caused	895
physical harm to a person.	896

(d) The offender held a public office or position of trust	897
and the offense related to that office or position; the offender's	898
position obliged the offender to prevent the offense or to bring	899
those committing it to justice; or the offender's professional	900
reputation or position facilitated the offense or was likely to	901
influence the future conduct of others.	902

(e) The offender committed the offense for hire or as part of	903
an organized criminal activity.	904

(f) The offense is a sex offense that is a fourth or fifth	905
degree felony violation of section 2907.03, 2907.04, 2907.05,	906
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	907
Revised Code.	908

(g) The offender at the time of the offense was serving, or	909
the offender previously had served, a prison term.	910

(h) The offender committed the offense while under a	911
community control sanction, while on probation, or while released	912
from custody on a bond or personal recognizance.	913

(i) The offender committed the offense while in possession of	914
a firearm.	915

(2)(a) If the court makes a finding described in division	916
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	917
section and if the court, after considering the factors set forth	918
in section 2929.12 of the Revised Code, finds that a prison term	919
is consistent with the purposes and principles of sentencing set	920
forth in section 2929.11 of the Revised Code and finds that the	921
offender is not amenable to an available community control	922
sanction, the court shall impose a prison term upon the offender.	923

(b) Except as provided in division (E), (F), or (G) of this	924
section, if the court does not make a finding described in	925
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	926
this section and if the court, after considering the factors set	927
forth in section 2929.12 of the Revised Code, finds that a	928
community control sanction or combination of community control	929
sanctions is consistent with the purposes and principles of	930
sentencing set forth in section 2929.11 of the Revised Code, the	931
court shall impose a community control sanction or combination of	932
community control sanctions upon the offender.	933

(C) Except as provided in division (E), (F), or (G) of this	934
section, in determining whether to impose a prison term as a	935
sanction for a felony of the third degree or a felony drug offense	936
that is a violation of a provision of Chapter 2925. of the Revised	937
Code and that is specified as being subject to this division for	938
purposes of sentencing, the sentencing court shall comply with the	939
purposes and principles of sentencing under section 2929.11 of the	940
Revised Code and with section 2929.12 of the Revised Code.	941

(D) Except as provided in division (E) or (F) of this	942
section, for a felony of the first or second degree and for a	943
felony drug offense that is a violation of any provision of	944
Chapter 2925., 3719., or 4729. of the Revised Code for which a	945
presumption in favor of a prison term is specified as being	946
applicable, it is presumed that a prison term is necessary in	947
order to comply with the purposes and principles of sentencing	948
under section 2929.11 of the Revised Code. Notwithstanding the	949
presumption established under this division, the sentencing court	950
may impose a community control sanction or a combination of	951
community control sanctions instead of a prison term on an	952
offender for a felony of the first or second degree or for a	953
felony drug offense that is a violation of any provision of	954
Chapter 2925., 3719., or 4729. of the Revised Code for which a	955
presumption in favor of a prison term is specified as being	956
applicable if it makes both of the following findings:	957

(1) A community control sanction or a combination of	958
community control sanctions would adequately punish the offender	959
and protect the public from future crime, because the applicable	960
factors under section 2929.12 of the Revised Code indicating a	961
lesser likelihood of recidivism outweigh the applicable factors	962
under that section indicating a greater likelihood of recidivism.	963

(2) A community control sanction or a combination of	964
community control sanctions would not demean the seriousness of	965
the offense, because one or more factors under section 2929.12 of	966
the Revised Code that indicate that the offender's conduct was	967
less serious than conduct normally constituting the offense are	968
applicable, and they outweigh the applicable factors under that	969
section that indicate that the offender's conduct was more serious	970
than conduct normally constituting the offense.	971

(E)(1) Except as provided in division (F) of this section,	972
for any drug offense that is a violation of any provision of	973
Chapter 2925. of the Revised Code and that is a felony of the	974
third, fourth, or fifth degree, the applicability of a presumption	975
under division (D) of this section in favor of a prison term or of	976
division (B) or (C) of this section in determining whether to	977
impose a prison term for the offense shall be determined as	978
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	979
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	980
Revised Code, whichever is applicable regarding the violation.	981

(2) If an offender who was convicted of or pleaded guilty to	982
a felony violates the conditions of a community control sanction	983
imposed for the offense solely by reason of producing positive	984
results on a drug test, the court, as punishment for the violation	985
of the sanction, shall not order that the offender be imprisoned	986
unless the court determines on the record either of the following:	987

(a) The offender had been ordered as a sanction for the	988
felony to participate in a drug treatment program, in a drug	989
education program, or in narcotics anonymous or a similar program,	990
and the offender continued to use illegal drugs after a reasonable	991
period of participation in the program.	992

(b) The imprisonment of the offender for the violation is	993
consistent with the purposes and principles of sentencing set	994
forth in section 2929.11 of the Revised Code.	995

(F) Notwithstanding divisions (A) to (E) of this section, the	996
court shall impose a prison term or terms under sections 2929.02	997
to 2929.06, section 2929.14, or section 2971.03 of the Revised	998
Code and except as specifically provided in section 2929.20 or	999
2967.191 of the Revised Code or when parole is authorized for the	1000
offense under section 2967.13 of the Revised Code shall not reduce	1001
the terms pursuant to section 2929.20, section 2967.193, or any	1002
other provision of Chapter 2967. or Chapter 5120. of the Revised	1003
Code for any of the following offenses:	1004

(1) Aggravated murder when death is not imposed or murder;

1005

(2) Any rape, regardless of whether force was involved and	1006
regardless of the age of the victim, or an attempt to commit rape	1007
if, had the offender completed the rape that was attempted, the	1008
offender would have been subject to a sentence of life	1009
imprisonment or life imprisonment without parole for the rape;	1010

(3) Gross sexual imposition or sexual battery, if the victim	1011
is under thirteen years of age, if the offender previously was	1012
convicted of or pleaded guilty to rape, the former offense of	1013
felonious sexual penetration, gross sexual imposition, or sexual	1014
battery, and if the victim of the previous offense was under	1015
thirteen years of age;	1016

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	1017
2903.11, 2903.12, or 2903.13 of the Revised Code if the section	1018
requires the imposition of a prison term;	1019

(5) A first, second, or third degree felony drug offense for	1020
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	1021
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	1022
4729.99 of the Revised Code, whichever is applicable regarding the	1023
violation, requires the imposition of a mandatory prison term;	1024

(6) Any offense that is a first or second degree felony and	1025
that is not set forth in division (F)(1), (2), (3), or (4) of this	1026
section, if the offender previously was convicted of or pleaded	1027
guilty to aggravated murder, murder, any first or second degree	1028
felony, or an offense under an existing or former law of this	1029
state, another state, or the United States that is or was	1030
substantially equivalent to one of those offenses;	1031

(7) Any offense that is a third degree felony and that is	1032
listed in division (DD)(1) of section 2929.01 of the Revised Code	1033
if the offender previously was convicted of or pleaded guilty to	1034
any offense that is listed in division (DD)(2)(a)(i) or (ii) of	1035
section 2929.01 of the Revised Code;	1036

(8) Any offense, other than a violation of section 2923.12 of	1037
the Revised Code, that is a felony, if the offender had a firearm	1038
on or about the offender's person or under the offender's control	1039
while committing the felony, with respect to a portion of the	1040
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	1041
of the Revised Code for having the firearm;	1042

(9) Any offense of violence that is a felony, if the offender	1043
wore or carried body armor while committing the felony offense of	1044
violence, with respect to the portion of the sentence imposed	1045
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	1046
Code for wearing or carrying the body armor;	1047

(10) Corrupt activity in violation of section 2923.32 of the	1048
Revised Code when the most serious offense in the pattern of	1049
corrupt activity that is the basis of the offense is a felony of	1050
the first degree;	1051

(11) Any sexually violent offense for which the offender also	1052
is convicted of or pleads guilty to a sexually violent predator	1053
specification that was included in the indictment, count in the	1054
indictment, or information charging the sexually violent offense;	1055

(12) A violation of division (A)(1) or (2) of section 2921.36	1056
of the Revised Code, or a violation of division (C) of that	1057
section involving an item listed in division (A)(1) or (2) of that	1058
section, if the offender is an officer or employee of the	1059
department of rehabilitation and correction;	1060

(13) A violation of division (A)(1) or (2) of section 2903.06	1061
of the Revised Code if the victim of the offense is a peace	1062
officer, as defined in section 2935.01 of the Revised Code, with	1063
respect to the portion of the sentence imposed pursuant to	1064
division (D)(5) of section 2929.14 of the Revised Code;	1065

(14) A violation of division (A)(1) or (2) of section 2903.06	1066
of the Revised Code if the offender has been convicted of or	1067
pleaded guilty to three violations of division (A) or (B) of	1068
section 4511.19 of the Revised Code or an equivalent offense, as	1069
defined in section 2941.1414 of the Revised Code, with respect to	1070
the portion of the sentence imposed pursuant to division (D)(6) of	1071
section 2929.14 of the Revised Code.	1072

(G) Notwithstanding divisions (A) to (E) of this section, if	1073
an offender is being sentenced for a fourth degree felony OVI	1074
offense or for a third degree felony OVI offense, the court shall	1075
impose upon the offender a mandatory term of local incarceration	1076
or a mandatory prison term in accordance with the following:	1077

(1) If the offender is being sentenced for a fourth degree	1078
felony OVI offense, the court may impose upon the offender a	1079
mandatory term of local incarceration of sixty days or one hundred	1080
twenty days as specified in division (G)(1)(d) of section 4511.19	1081
of the Revised Code. The court shall not reduce the term pursuant	1082
to section 2929.20, 2967.193, or any other provision of the	1083
Revised Code. The court that imposes a mandatory term of local	1084
incarceration under this division shall specify whether the term	1085
is to be served in a jail, a community-based correctional	1086
facility, a halfway house, or an alternative residential facility,	1087
and the offender shall serve the term in the type of facility	1088
specified by the court. A mandatory term of local incarceration	1089
imposed under division (G)(1) of this section is not subject to	1090
extension under section 2967.11 of the Revised Code, to a period	1091
of post-release control under section 2967.28 of the Revised Code,	1092
or to any other Revised Code provision that pertains to a prison	1093
term.	1094

(2) If the offender is being sentenced for a third degree	1095
felony OVI offense, or if the offender is being sentenced for a	1096
fourth degree felony OVI offense and the court does not impose a	1097
mandatory term of local incarceration under division (G)(1) of	1098
this section, the court shall impose upon the offender a mandatory	1099
prison term of sixty days or one hundred twenty days as specified	1100
in division (G)(1)(e) of section 4511.19 of the Revised Code. The	1101
court shall not reduce the term pursuant to section 2929.20,	1102
2967.193, or any other provision of the Revised Code. In no case	1103
shall an offender who once has been sentenced to a mandatory term	1104
of local incarceration pursuant to division (G)(1) of this section	1105
for a fourth degree felony OVI offense be sentenced to another	1106
mandatory term of local incarceration under that division for any	1107
violation of division (A) of section 4511.19 of the Revised Code.	1108
The court shall not sentence the offender to a community control	1109
sanction under section 2929.16 or 2929.17 of the Revised Code. The	1110
department of rehabilitation and correction may place an offender	1111
sentenced to a mandatory prison term under this division in an	1112
intensive program prison established pursuant to section 5120.033	1113
of the Revised Code if the department gave the sentencing judge	1114
prior notice of its intent to place the offender in an intensive	1115
program prison established under that section and if the judge did	1116
not notify the department that the judge disapproved the	1117
placement. Upon the establishment of the initial intensive program	1118
prison pursuant to section 5120.033 of the Revised Code that is	1119
privately operated and managed by a contractor pursuant to a	1120
contract entered into under section 9.06 of the Revised Code, both	1121
of the following apply:	1122

(a) The department of rehabilitation and correction shall	1123
make a reasonable effort to ensure that a sufficient number of	1124
offenders sentenced to a mandatory prison term under this division	1125
are placed in the privately operated and managed prison so that	1126
the privately operated and managed prison has full occupancy.	1127

(b) Unless the privately operated and managed prison has full	1128
occupancy, the department of rehabilitation and correction shall	1129
not place any offender sentenced to a mandatory prison term under	1130
this division in any intensive program prison established pursuant	1131
to section 5120.033 of the Revised Code other than the privately	1132
operated and managed prison.	1133

(H) If an offender is being sentenced for a sexually oriented	1134
offense committed on or after January 1, 1997, the judge shall	1135
require the offender to submit to a DNA specimen collection	1136
procedure pursuant to section 2901.07 of the Revised Code if	1137
either of the following applies:	1138

(1) The offense was a sexually violent offense, and the	1139
offender also was convicted of or pleaded guilty to a sexually	1140
violent predator specification that was included in the	1141
indictment, count in the indictment, or information charging the	1142
sexually violent offense.	1143

(2) The judge imposing sentence for the sexually oriented	1144
offense determines pursuant to division (B) of section 2950.09 of	1145
the Revised Code that the offender is a sexual predator.	1146

(I) If an offender is being sentenced for a sexually oriented	1147
offense that is not a registration-exempt sexually oriented	1148
offense or for a child-victim oriented offense committed on or	1149
after January 1, 1997, the judge shall include in the sentence a	1150
summary of the offender's duties imposed under sections 2950.04,	1151
2950.041, 2950.05, and 2950.06 of the Revised Code and the	1152
duration of the duties. The judge shall inform the offender, at	1153
the time of sentencing, of those duties and of their duration and,	1154
if required under division (A)(2) of section 2950.03 of the	1155
Revised Code, shall perform the duties specified in that section.	1156

(J)(1) Except as provided in division (J)(2) of this section,	1157
when considering sentencing factors under this section in relation	1158
to an offender who is convicted of or pleads guilty to an attempt	1159
to commit an offense in violation of section 2923.02 of the	1160
Revised Code, the sentencing court shall consider the factors	1161
applicable to the felony category of the violation of section	1162
2923.02 of the Revised Code instead of the factors applicable to	1163
the felony category of the offense attempted.	1164

(2) When considering sentencing factors under this section in	1165
relation to an offender who is convicted of or pleads guilty to an	1166
attempt to commit a drug abuse offense for which the penalty is	1167
determined by the amount or number of unit doses of the controlled	1168
substance involved in the drug abuse offense, the sentencing court	1169
shall consider the factors applicable to the felony category that	1170
the drug abuse offense attempted would be if that drug abuse	1171
offense had been committed and had involved an amount or number of	1172
unit doses of the controlled substance that is within the next	1173
lower range of controlled substance amounts than was involved in	1174
the attempt.	1175

(K) As used in this section, "drug abuse offense" has the	1176
same meaning as in section 2925.01 of the Revised Code.	1177

Sec. 2929.14.  (A) Except as provided in division (C),	1178
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), or (G) of this	1179
section and except in relation to an offense for which a sentence	1180
of death or life imprisonment is to be imposed, if the court	1181
imposing a sentence upon an offender for a felony elects or is	1182
required to impose a prison term on the offender pursuant to this	1183
chapter and is not prohibited by division (G)(1) of section	1184
2929.13 of the Revised Code from imposing a prison term on the	1185
offender, the court shall impose a definite prison term that shall	1186
be one of the following:	1187

(1) For a felony of the first degree, the prison term shall	1188
be three, four, five, six, seven, eight, nine, or ten years.	1189

(2) For a felony of the second degree, the prison term shall	1190
be two, three, four, five, six, seven, or eight years.	1191

(3) For a felony of the third degree, the prison term shall	1192
be one, two, three, four, or five years.	1193

(4) For a felony of the fourth degree, the prison term shall	1194
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	1195
fourteen, fifteen, sixteen, seventeen, or eighteen months.	1196

(5) For a felony of the fifth degree, the prison term shall	1197
be six, seven, eight, nine, ten, eleven, or twelve months.	1198

(B) Except as provided in division (C), (D)(1), (D)(2),	1199
(D)(3), (D)(5), (D)(6), or (G) of this section, in section 2907.02	1200
of the Revised Code, or in Chapter 2925. of the Revised Code, if	1201
the court imposing a sentence upon an offender for a felony elects	1202
or is required to impose a prison term on the offender, the court	1203
shall impose the shortest prison term authorized for the offense	1204
pursuant to division (A) of this section, unless one or more of	1205
the following applies:	1206

(1) The offender was serving a prison term at the time of the	1207
offense, or the offender previously had served a prison term.	1208

(2) The court finds on the record that the shortest prison	1209
term will demean the seriousness of the offender's conduct or will	1210
not adequately protect the public from future crime by the	1211
offender or others.	1212

(C) Except as provided in division (G) of this section or in	1213
Chapter 2925. of the Revised Code, the court imposing a sentence	1214
upon an offender for a felony may impose the longest prison term	1215
authorized for the offense pursuant to division (A) of this	1216
section only upon offenders who committed the worst forms of the	1217
offense, upon offenders who pose the greatest likelihood of	1218
committing future crimes, upon certain major drug offenders under	1219
division (D)(3) of this section, and upon certain repeat violent	1220
offenders in accordance with division (D)(2) of this section.	1221

(D)(1)(a) Except as provided in division (D)(1)(e) of this	1222
section, if an offender who is convicted of or pleads guilty to a	1223
felony also is convicted of or pleads guilty to a specification of	1224
the type described in section 2941.141, 2941.144, or 2941.145 of	1225
the Revised Code, the court shall impose on the offender one of	1226
the following prison terms:	1227

(i) A prison term of six years if the specification is of the	1228
type described in section 2941.144 of the Revised Code that	1229
charges the offender with having a firearm that is an automatic	1230
firearm or that was equipped with a firearm muffler or silencer on	1231
or about the offender's person or under the offender's control	1232
while committing the felony;	1233

(ii) A prison term of three years if the specification is of	1234
the type described in section 2941.145 of the Revised Code that	1235
charges the offender with having a firearm on or about the	1236
offender's person or under the offender's control while committing	1237
the offense and displaying the firearm, brandishing the firearm,	1238
indicating that the offender possessed the firearm, or using it to	1239
facilitate the offense;	1240

(iii) A prison term of one year if the specification is of	1241
the type described in section 2941.141 of the Revised Code that	1242
charges the offender with having a firearm on or about the	1243
offender's person or under the offender's control while committing	1244
the felony.	1245

(b) If a court imposes a prison term on an offender under	1246
division (D)(1)(a) of this section, the prison term shall not be	1247
reduced pursuant to section 2929.20, section 2967.193, or any	1248
other provision of Chapter 2967. or Chapter 5120. of the Revised	1249
Code. A court shall not impose more than one prison term on an	1250
offender under division (D)(1)(a) of this section for felonies	1251
committed as part of the same act or transaction.	1252

(c) Except as provided in division (D)(1)(e) of this section,	1253
if an offender who is convicted of or pleads guilty to a violation	1254
of section 2923.161 of the Revised Code or to a felony that	1255
includes, as an essential element, purposely or knowingly causing	1256
or attempting to cause the death of or physical harm to another,	1257
also is convicted of or pleads guilty to a specification of the	1258
type described in section 2941.146 of the Revised Code that	1259
charges the offender with committing the offense by discharging a	1260
firearm from a motor vehicle other than a manufactured home, the	1261
court, after imposing a prison term on the offender for the	1262
violation of section 2923.161 of the Revised Code or for the other	1263
felony offense under division (A), (D)(2), or (D)(3) of this	1264
section, shall impose an additional prison term of five years upon	1265
the offender that shall not be reduced pursuant to section	1266
2929.20, section 2967.193, or any other provision of Chapter 2967.	1267
or Chapter 5120. of the Revised Code. A court shall not impose	1268
more than one additional prison term on an offender under division	1269
(D)(1)(c) of this section for felonies committed as part of the	1270
same act or transaction. If a court imposes an additional prison	1271
term on an offender under division (D)(1)(c) of this section	1272
relative to an offense, the court also shall impose a prison term	1273
under division (D)(1)(a) of this section relative to the same	1274
offense, provided the criteria specified in that division for	1275
imposing an additional prison term are satisfied relative to the	1276
offender and the offense.	1277

(d) If an offender who is convicted of or pleads guilty to an	1278
offense of violence that is a felony also is convicted of or	1279
pleads guilty to a specification of the type described in section	1280
2941.1411 of the Revised Code that charges the offender with	1281
wearing or carrying body armor while committing the felony offense	1282
of violence, the court shall impose on the offender a prison term	1283
of two years. The prison term so imposed shall not be reduced	1284
pursuant to section 2929.20, section 2967.193, or any other	1285
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	1286
court shall not impose more than one prison term on an offender	1287
under division (D)(1)(d) of this section for felonies committed as	1288
part of the same act or transaction. If a court imposes an	1289
additional prison term under division (D)(1)(a) or (c) of this	1290
section, the court is not precluded from imposing an additional	1291
prison term under division (D)(1)(d) of this section.	1292

(e) The court shall not impose any of the prison terms	1293
described in division (D)(1)(a) of this section or any of the	1294
additional prison terms described in division (D)(1)(c) of this	1295
section upon an offender for a violation of section 2923.12 or	1296
2923.123 of the Revised Code. The court shall not impose any of	1297
the prison terms described in division (D)(1)(a) of this section	1298
or any of the additional prison terms described in division	1299
(D)(1)(c) of this section upon an offender for a violation of	1300
section 2923.13 of the Revised Code unless all of the following	1301
apply:	1302

(i) The offender previously has been convicted of aggravated	1303
murder, murder, or any felony of the first or second degree.	1304

(ii) Less than five years have passed since the offender was	1305
released from prison or post-release control, whichever is later,	1306
for the prior offense.	1307

(f) If an offender is convicted of or pleads guilty to a	1308
felony that includes, as an essential element, causing or	1309
attempting to cause the death of or physical harm to another and	1310
also is convicted of or pleads guilty to a specification of the	1311
type described in section 2941.1412 of the Revised Code that	1312
charges the offender with committing the offense by discharging a	1313
firearm at a peace officer as defined in section 2935.01 of the	1314
Revised Code or a corrections officer as defined in section	1315
2941.1412 of the Revised Code, the court, after imposing a prison	1316
term on the offender for the felony offense under division (A),	1317
(D)(2), or (D)(3) of this section, shall impose an additional	1318
prison term of seven years upon the offender that shall not be	1319
reduced pursuant to section 2929.20, section 2967.193, or any	1320
other provision of Chapter 2967. or Chapter 5120. of the Revised	1321
Code. A court shall not impose more than one additional prison	1322
term on an offender under division (D)(1)(f) of this section for	1323
felonies committed as part of the same act or transaction. If a	1324
court imposes an additional prison term on an offender under	1325
division (D)(1)(f) of this section relative to an offense, the	1326
court shall not impose a prison term under division (D)(1)(a) or	1327
(c) of this section relative to the same offense.	1328

(2)(a) If an offender who is convicted of or pleads guilty to	1329
a felony also is convicted of or pleads guilty to a specification	1330
of the type described in section 2941.149 of the Revised Code that	1331
the offender is a repeat violent offender, the court shall impose	1332
a prison term from the range of terms authorized for the offense	1333
under division (A) of this section that may be the longest term in	1334
the range and that shall not be reduced pursuant to section	1335
2929.20, section 2967.193, or any other provision of Chapter 2967.	1336
or Chapter 5120. of the Revised Code. If the court finds that the	1337
repeat violent offender, in committing the offense, caused any	1338
physical harm that carried a substantial risk of death to a person	1339
or that involved substantial permanent incapacity or substantial	1340
permanent disfigurement of a person, the court shall impose the	1341
longest prison term from the range of terms authorized for the	1342
offense under division (A) of this section.	1343

(b) If the court imposing a prison term on a repeat violent	1344
offender imposes the longest prison term from the range of terms	1345
authorized for the offense under division (A) of this section, the	1346
court may impose on the offender an additional definite prison	1347
term of one, two, three, four, five, six, seven, eight, nine, or	1348
ten years if the court finds that both of the following apply with	1349
respect to the prison terms imposed on the offender pursuant to	1350
division (D)(2)(a) of this section and, if applicable, divisions	1351
(D)(1) and (3) of this section:	1352

(i) The terms so imposed are inadequate to punish the	1353
offender and protect the public from future crime, because the	1354
applicable factors under section 2929.12 of the Revised Code	1355
indicating a greater likelihood of recidivism outweigh the	1356
applicable factors under that section indicating a lesser	1357
likelihood of recidivism.	1358

(ii) The terms so imposed are demeaning to the seriousness of	1359
the offense, because one or more of the factors under section	1360
2929.12 of the Revised Code indicating that the offender's conduct	1361
is more serious than conduct normally constituting the offense are	1362
present, and they outweigh the applicable factors under that	1363
section indicating that the offender's conduct is less serious	1364
than conduct normally constituting the offense.	1365

(3)(a) Except when an offender commits a violation of section	1366
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	1367
the violation is life imprisonment or commits a violation of	1368
section 2903.02 of the Revised Code, if the offender commits a	1369
violation of section 2925.03 or 2925.11 of the Revised Code and	1370
that section classifies the offender as a major drug offender and	1371
requires the imposition of a ten-year prison term on the offender,	1372
if the offender commits a felony violation of section 2925.02,	1373
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	1374
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	1375
division (C) of section 4729.51, or division (J) of section	1376
4729.54 of the Revised Code that includes the sale, offer to sell,	1377
or possession of a schedule I or II controlled substance, with the	1378
exception of marihuana, and the court imposing sentence upon the	1379
offender finds that the offender is guilty of a specification of	1380
the type described in section 2941.1410 of the Revised Code	1381
charging that the offender is a major drug offender, if the court	1382
imposing sentence upon an offender for a felony finds that the	1383
offender is guilty of corrupt activity with the most serious	1384
offense in the pattern of corrupt activity being a felony of the	1385
first degree, or if the offender is guilty of an attempted	1386
violation of section 2907.02 of the Revised Code and, had the	1387
offender completed the violation of section 2907.02 of the Revised	1388
Code that was attempted, the offender would have been subject to a	1389
sentence of life imprisonment or life imprisonment without parole	1390
for the violation of section 2907.02 of the Revised Code, the	1391
court shall impose upon the offender for the felony violation a	1392
ten-year prison term that cannot be reduced pursuant to section	1393
2929.20 or Chapter 2967. or 5120. of the Revised Code.	1394

(b) The court imposing a prison term on an offender under	1395
division (D)(3)(a) of this section may impose an additional prison	1396
term of one, two, three, four, five, six, seven, eight, nine, or	1397
ten years, if the court, with respect to the term imposed under	1398
division (D)(3)(a) of this section and, if applicable, divisions	1399
(D)(1) and (2) of this section, makes both of the findings set	1400
forth in divisions (D)(2)(b)(i) and (ii) of this section.	1401

(4) If the offender is being sentenced for a third or fourth	1402
degree felony OVI offense under division (G)(2) of section 2929.13	1403
of the Revised Code, the sentencing court shall impose upon the	1404
offender a mandatory prison term in accordance with that division.	1405
In addition to the mandatory prison term, if the offender is being	1406
sentenced for a fourth degree felony OVI offense, the court,	1407
notwithstanding division (A)(4) of this section, may sentence the	1408
offender to a definite prison term of not less than six months and	1409
not more than thirty months, and if the offender is being	1410
sentenced for a third degree felony OVI offense, the sentencing	1411
court may sentence the offender to an additional prison term of	1412
any duration specified in division (A)(3) of this section. In	1413
either case, the additional prison term imposed shall be reduced	1414
by the sixty or one hundred twenty days imposed upon the offender	1415
as the mandatory prison term. The total of the additional prison	1416
term imposed under division (D)(4) of this section plus the sixty	1417
or one hundred twenty days imposed as the mandatory prison term	1418
shall equal a definite term in the range of six months to thirty	1419
months for a fourth degree felony OVI offense and shall equal one	1420
of the authorized prison terms specified in division (A)(3) of	1421
this section for a third degree felony OVI offense. If the court	1422
imposes an additional prison term under division (D)(4) of this	1423
section, the offender shall serve the additional prison term after	1424
the offender has served the mandatory prison term required for the	1425
offense. The court shall not sentence the offender to a community	1426
control sanction under section 2929.16 or 2929.17 of the Revised	1427
Code.	1428

(5) If an offender is convicted of or pleads guilty to a	1429
violation of division (A)(1) or (2) of section 2903.06 of the	1430
Revised Code and also is convicted of or pleads guilty to a	1431
specification of the type described in section 2941.1413 of the	1432
Revised Code that charges that the victim of the offense is a	1433
peace officer, as defined in section 2935.01 of the Revised Code,	1434
the court shall impose on the offender a prison term of five	1435
years. If a court imposes a prison term on an offender under	1436
division (D)(5) of this section, the prison term shall not be	1437
reduced pursuant to section 2929.20, section 2967.193, or any	1438
other provision of Chapter 2967. or Chapter 5120. of the Revised	1439
Code. A court shall not impose more than one prison term on an	1440
offender under division (D)(5) of this section for felonies	1441
committed as part of the same act.	1442

(6) If an offender is convicted of or pleads guilty to a	1443
violation of division (A)(1) or (2) of section 2903.06 of the	1444
Revised Code and also is convicted of or pleads guilty to a	1445
specification of the type described in section 2941.1414 of the	1446
Revised Code that charges that the offender previously has been	1447
convicted of or pleaded guilty to three violations of division (A)	1448
or (B) of section 4511.19 of the Revised Code or an equivalent	1449
offense, as defined in section 2941.1414 of the Revised Code, the	1450
court shall impose on the offender a prison term of three years.	1451
If a court imposes a prison term on an offender under division	1452
(D)(6) of this section, the prison term shall not be reduced	1453
pursuant to section 2929.20, section 2967.193, or any other	1454
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	1455
court shall not impose more than one prison term on an offender	1456
under division (D)(6) of this section for felonies committed as	1457
part of the same act.	1458

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	1459
mandatory prison term is imposed upon an offender pursuant to	1460
division (D)(1)(a) of this section for having a firearm on or	1461
about the offender's person or under the offender's control while	1462
committing a felony, if a mandatory prison term is imposed upon an	1463
offender pursuant to division (D)(1)(c) of this section for	1464
committing a felony specified in that division by discharging a	1465
firearm from a motor vehicle, or if both types of mandatory prison	1466
terms are imposed, the offender shall serve any mandatory prison	1467
term imposed under either division consecutively to any other	1468
mandatory prison term imposed under either division or under	1469
division (D)(1)(d) of this section, consecutively to and prior to	1470
any prison term imposed for the underlying felony pursuant to	1471
division (A), (D)(2), or (D)(3) of this section or any other	1472
section of the Revised Code, and consecutively to any other prison	1473
term or mandatory prison term previously or subsequently imposed	1474
upon the offender.	1475

(b) If a mandatory prison term is imposed upon an offender	1476
pursuant to division (D)(1)(d) of this section for wearing or	1477
carrying body armor while committing an offense of violence that	1478
is a felony, the offender shall serve the mandatory term so	1479
imposed consecutively to any other mandatory prison term imposed	1480
under that division or under division (D)(1)(a) or (c) of this	1481
section, consecutively to and prior to any prison term imposed for	1482
the underlying felony under division (A), (D)(2), or (D)(3) of	1483
this section or any other section of the Revised Code, and	1484
consecutively to any other prison term or mandatory prison term	1485
previously or subsequently imposed upon the offender.	1486

(c) If a mandatory prison term is imposed upon an offender	1487
pursuant to division (D)(1)(f) of this section, the offender shall	1488
serve the mandatory prison term so imposed consecutively to and	1489
prior to any prison term imposed for the underlying felony under	1490
division (A), (D)(2), or (D)(3) of this section or any other	1491
section of the Revised Code, and consecutively to any other prison	1492
term or mandatory prison term previously or subsequently imposed	1493
upon the offender.	1494

(2) If an offender who is an inmate in a jail, prison, or	1495
other residential detention facility violates section 2917.02,	1496
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	1497
who is under detention at a detention facility commits a felony	1498
violation of section 2923.131 of the Revised Code, or if an	1499
offender who is an inmate in a jail, prison, or other residential	1500
detention facility or is under detention at a detention facility	1501
commits another felony while the offender is an escapee in	1502
violation of section 2921.34 of the Revised Code, any prison term	1503
imposed upon the offender for one of those violations shall be	1504
served by the offender consecutively to the prison term or term of	1505
imprisonment the offender was serving when the offender committed	1506
that offense and to any other prison term previously or	1507
subsequently imposed upon the offender.	1508

(3) If a prison term is imposed for a violation of division	1509
(B) of section 2911.01 of the Revised Code or if a prison term is	1510
imposed for a felony violation of division (B) of section 2921.331	1511
of the Revised Code, the offender shall serve that prison term	1512
consecutively to any other prison term or mandatory prison term	1513
previously or subsequently imposed upon the offender.	1514

(4) If multiple prison terms are imposed on an offender for	1515
convictions of multiple offenses, the court may require the	1516
offender to serve the prison terms consecutively if the court	1517
finds that the consecutive service is necessary to protect the	1518
public from future crime or to punish the offender and that	1519
consecutive sentences are not disproportionate to the seriousness	1520
of the offender's conduct and to the danger the offender poses to	1521
the public, and if the court also finds any of the following:	1522

(a) The offender committed one or more of the multiple	1523
offenses while the offender was awaiting trial or sentencing, was	1524
under a sanction imposed pursuant to section 2929.16, 2929.17, or	1525
2929.18 of the Revised Code, or was under post-release control for	1526
a prior offense.	1527

(b) At least two of the multiple offenses were committed as	1528
part of one or more courses of conduct, and the harm caused by two	1529
or more of the multiple offenses so committed was so great or	1530
unusual that no single prison term for any of the offenses	1531
committed as part of any of the courses of conduct adequately	1532
reflects the seriousness of the offender's conduct.	1533

(c) The offender's history of criminal conduct demonstrates	1534
that consecutive sentences are necessary to protect the public	1535
from future crime by the offender.	1536

(5) If a mandatory prison term is imposed upon an offender	1537
pursuant to division (D)(5) or (6) of this section, the offender	1538
shall serve the mandatory prison term consecutively to and prior	1539
to any prison term imposed for the underlying violation of	1540
division (A)(1) or (2) of section 2903.06 of the Revised Code	1541
pursuant to division (A) of this section. If a mandatory prison	1542
term is imposed upon an offender pursuant to division (D)(5) of	1543
this section, and if a mandatory prison term also is imposed upon	1544
the offender pursuant to division (D)(6) of this section in	1545
relation to the same violation, the offender shall serve the	1546
mandatory prison term imposed pursuant to division (D)(5) of this	1547
section consecutively to and prior to the mandatory prison term	1548
imposed pursuant to division (D)(6) of this section and	1549
consecutively to and prior to any prison term imposed for the	1550
underlying violation of division (A)(1) or (2) of section 2903.06	1551
of the Revised Code pursuant to division (A) of this section.	1552

(6) When consecutive prison terms are imposed pursuant to	1553
division (E)(1), (2), (3), or (4), or (5) of this section, the	1554
term to be served is the aggregate of all of the terms so imposed.	1555

(F) If a court imposes a prison term of a type described in	1556
division (B) of section 2967.28 of the Revised Code, it shall	1557
include in the sentence a requirement that the offender be subject	1558
to a period of post-release control after the offender's release	1559
from imprisonment, in accordance with that division. If a court	1560
imposes a prison term of a type described in division (C) of that	1561
section, it shall include in the sentence a requirement that the	1562
offender be subject to a period of post-release control after the	1563
offender's release from imprisonment, in accordance with that	1564
division, if the parole board determines that a period of	1565
post-release control is necessary.	1566

(G) If a person is convicted of or pleads guilty to a	1567
sexually violent offense and also is convicted of or pleads guilty	1568
to a sexually violent predator specification that was included in	1569
the indictment, count in the indictment, or information charging	1570
that offense, the court shall impose sentence upon the offender in	1571
accordance with section 2971.03 of the Revised Code, and Chapter	1572
2971. of the Revised Code applies regarding the prison term or	1573
term of life imprisonment without parole imposed upon the offender	1574
and the service of that term of imprisonment.	1575

(H) If a person who has been convicted of or pleaded guilty	1576
to a felony is sentenced to a prison term or term of imprisonment	1577
under this section, sections 2929.02 to 2929.06 of the Revised	1578
Code, section 2971.03 of the Revised Code, or any other provision	1579
of law, section 5120.163 of the Revised Code applies regarding the	1580
person while the person is confined in a state correctional	1581
institution.	1582

(I) If an offender who is convicted of or pleads guilty to a	1583
felony that is an offense of violence also is convicted of or	1584
pleads guilty to a specification of the type described in section	1585
2941.142 of the Revised Code that charges the offender with having	1586
committed the felony while participating in a criminal gang, the	1587
court shall impose upon the offender an additional prison term of	1588
one, two, or three years.	1589

(J) If an offender who is convicted of or pleads guilty to	1590
aggravated murder, murder, or a felony of the first, second, or	1591
third degree that is an offense of violence also is convicted of	1592
or pleads guilty to a specification of the type described in	1593
section 2941.143 of the Revised Code that charges the offender	1594
with having committed the offense in a school safety zone or	1595
towards a person in a school safety zone, the court shall impose	1596
upon the offender an additional prison term of two years. The	1597
offender shall serve the additional two years consecutively to and	1598
prior to the prison term imposed for the underlying offense.	1599

(K) At the time of sentencing, the court may recommend the	1600
offender for placement in a program of shock incarceration under	1601
section 5120.031 of the Revised Code or for placement in an	1602
intensive program prison under section 5120.032 of the Revised	1603
Code, disapprove placement of the offender in a program of shock	1604
incarceration or an intensive program prison of that nature, or	1605
make no recommendation on placement of the offender. In no case	1606
shall the department of rehabilitation and correction place the	1607
offender in a program or prison of that nature unless the	1608
department determines as specified in section 5120.031 or 5120.032	1609
of the Revised Code, whichever is applicable, that the offender is	1610
eligible for the placement.	1611

If the court disapproves placement of the offender in a	1612
program or prison of that nature, the department of rehabilitation	1613
and correction shall not place the offender in any program of	1614
shock incarceration or intensive program prison.	1615

If the court recommends placement of the offender in a	1616
program of shock incarceration or in an intensive program prison,	1617
and if the offender is subsequently placed in the recommended	1618
program or prison, the department shall notify the court of the	1619
placement and shall include with the notice a brief description of	1620
the placement.	1621

If the court recommends placement of the offender in a	1622
program of shock incarceration or in an intensive program prison	1623
and the department does not subsequently place the offender in the	1624
recommended program or prison, the department shall send a notice	1625
to the court indicating why the offender was not placed in the	1626
recommended program or prison.	1627

If the court does not make a recommendation under this	1628
division with respect to an offender and if the department	1629
determines as specified in section 5120.031 or 5120.032 of the	1630
Revised Code, whichever is applicable, that the offender is	1631
eligible for placement in a program or prison of that nature, the	1632
department shall screen the offender and determine if there is an	1633
available program of shock incarceration or an intensive program	1634
prison for which the offender is suited. If there is an available	1635
program of shock incarceration or an intensive program prison for	1636
which the offender is suited, the department shall notify the	1637
court of the proposed placement of the offender as specified in	1638
section 5120.031 or 5120.032 of the Revised Code and shall include	1639
with the notice a brief description of the placement. The court	1640
shall have ten days from receipt of the notice to disapprove the	1641
placement.	1642

Sec. 2941.1413. (A) Imposition of a five-year mandatory	1643
prison term upon an offender under division (D)(5) of section	1644
2929.14 of the Revised Code is precluded unless the offender is	1645
convicted of or pleads guilty to violating division (A)(1) or (2)	1646
of section 2903.06 of the Revised Code and unless the indictment,	1647
count in the indictment, or information charging the offense	1648
specifies that the victim of the offense is a peace officer. The	1649
specification shall be stated at the end of the body of the	1650
indictment, count, or information and shall be stated in	1651
substantially the following form:	1652

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	1653
Grand Jurors (or insert the person's or the prosecuting attorney's	1654
name when appropriate) further find and specify that (set forth	1655
that the victim of the offense is a peace officer)."	1656

(B) The specification described in division (A) of this	1657
section may be used in a delinquent child proceeding in the manner	1658
and for the purpose described in section 2152.17 of the Revised	1659
Code.	1660

(C) As used in this section, "peace officer" has the same	1661
meaning as in section 2935.01 of the Revised Code.	1662

Sec. 2941.1414. (A) Imposition of a three-year mandatory	1663
prison term upon an offender under division (D)(6) of section	1664
2929.14 of the Revised Code is precluded unless the offender is	1665
convicted of or pleads guilty to violating division (A)(1) or (2)	1666
of section 2903.06 of the Revised Code and unless the indictment,	1667
count in the indictment, or information charging the offense	1668
specifies that the offender previously has been convicted of or	1669
pleaded guilty to three violations of division (A) or (B) of	1670
section 4511.19 of the Revised Code or an equivalent offense. The	1671
specification shall be stated at the end of the body of the	1672
indictment, count, or information and shall be stated in	1673
substantially the following form:	1674

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	1675
Grand Jurors (or insert the person's or the prosecuting attorney's	1676
name when appropriate) further find and specify that (set forth	1677
that the offender previously has been convicted of or pleaded	1678
guilty to three violations of division (A) or (B) of section	1679
4511.19 of the Revised Code or an equivalent offense)."	1680

(B) The specification described in division (A) of this	1681
section may be used in a delinquent child proceeding in the manner	1682
and for the purpose described in section 2152.17 of the Revised	1683
Code.	1684

(C) As used in this section, "equivalent offense" has the	1685
same meaning as in section 4511.181 of the Revised Code.	1686

Sec. 4511.98. The director of transportation, board of county	1687
commissioners, or board of township trustees mayshall cause signs	1688
to be erected advising motorists that increased penalties apply	1689
for certain traffic violations occurring on streets or highways in	1690
a construction zone. The increased penalties shall be effective	1691
only when signs are erected in accordance with the guidelines and	1692
design specifications established by the director under section	1693
5501.27 of the Revised Code, and when a violation occurs during	1694
hours of actual work within the construction zone.	1695

Sec. 5501.27. (A)(1) The director of transportation shall	1696
adopt rules governing the posting of signs advising motorists that	1697
increased penalties apply for certain traffic violations occurring	1698
on streets or highways in a construction zone. The rules shall	1699
include guidelines to determine which areas are appropriate to the	1700
posting of such signs. The guidelines may include consideration of	1701
the following: the duration of the work on the street or highway,	1702
the proximity of workers to moving traffic, the existence of any	1703
unusual or hazardous conditions, the volume of traffic on the	1704
street or highway, and any other appropriate factors. The director	1705
shall formulate design specifications for the signs advising	1706
motorists of the increased penalties. For purposes of traffic	1707
violation penalties, nothing in this section is intended to	1708
conflict with any standard set forth in the federal manual of	1709
uniform traffic control devices for streets and highways.	1710

(B) As used in this section and in section 4511.98 of the	1711
Revised Code, "construction zone" means that lane or portion of	1712
street or highway open to vehicular traffic and adjacent to a	1713
lane, berm, or shoulder of a street or highway within which lane,	1714
berm, or shoulder construction, reconstruction, resurfacing, or	1715
any other work of a repair or maintenance nature, including public	1716
utility work, is being conducted, commencing with the point where	1717
the first worker or piece of equipment is located and ending where	1718
the last worker or piece of equipment is located.	1719

Section 2. That existing sections 2152.17, 2903.06, 2903.08,	1720
2929.01, 2929.13, 2929.14, 4511.98, and 5501.27 of the Revised	1721
Code are hereby repealed.	1722

Section 3.  Section 2152.17 of the Revised Code is presented	1723
in this act as a composite of the section as amended by both Sub.	1724
H.B. 130 and Sub. H.B. 393 of the 124th General Assembly. Section	1725
2929.14 of the Revised Code is presented in this act as a	1726
composite of the section as amended by Sub. H.B. 130, Am. Sub.	1727
H.B. 327, Sub. H.B. 485, and Am. Sub. S.B. 123 of the 124th	1728
General Assembly. The General Assembly, applying the principle	1729
stated in division (B) of section 1.52 of the Revised Code that	1730
amendments are to be harmonized if reasonably capable of	1731
simultaneous operation, finds that the composites are the	1732
resulting versions of the sections in effect prior to the	1733
effective date of the sections as presented in this act.	1734