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 |
(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 |
2491.1414 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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 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 |
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 |
Sec. 4511.98. (A) The director of transportation, board of | 1687 |
county commissioners, or board of township trustees may cause | 1688 |
signs to be erected advising motorists that increased penalties | 1689 |
apply for certain traffic violations occurring on streets or | 1690 |
highways in a construction zone. The increased penalties shall
be | 1691 |
effective only when signs are erected in accordance with the | 1692 |
guidelines and design specifications established by the director | 1693 |
under section 5501.27 of the Revised Code, and when a violation | 1694 |
occurs during hours of actual work within the construction zone. | 1695 |
(B) The director of transportation, board of county | 1696 |
commissioners, or board of township trustees may cause signs to
be | 1697 |
erected in construction zones advising motorists of the stringent | 1698 |
penalties for a violation of division (A)(2)(b) or (3)(b) of | 1699 |
section 2903.06
or division (A)(2)(a) or (A)(3) of section 2903.08 | 1700 |
of the Revised Code for
causing death or injury in a construction | 1701 |
zone as a result of a
reckless operation offense
or speeding | 1702 |
offense.
If the director or a board
fails to cause any sign to be | 1703 |
erected
as authorized by this
division, the failure does not limit | 1704 |
or
restrict the application
of division (A)(2)(b) or (3)(b) of | 1705 |
section 2903.06 and
division (A)(2)(a) or (A)(3) of
section | 1706 |
2903.08 of the Revised Code to a person
operating a motor
vehicle | 1707 |
or motorcycle within the construction
zone, the
enforcement of | 1708 |
those divisions, or the prosecution of a
person who
violates | 1709 |
either of those divisions. If the director adopts rules
under | 1710 |
section 5501.27 of the Revised Code that specify the advice
to be | 1711 |
set forth on the signs described in this division and that
govern | 1712 |
the posting of the signs, all signs posted as authorized by
this | 1713 |
division shall comply with the rules so adopted. | 1714 |
Sec. 5501.27. (A)(1) The director of transportation shall | 1715 |
adopt
rules governing the posting of signs advising motorists that | 1716 |
increased penalties apply for certain traffic violations
occurring | 1717 |
on streets or highways in a construction zone. The
rules shall | 1718 |
include guidelines to determine which areas are
appropriate to the | 1719 |
posting of such signs. The guidelines may
include consideration
of | 1720 |
the following: the duration of the work
on the street or
highway, | 1721 |
the proximity of workers to moving
traffic, the existence
of any | 1722 |
unusual or hazardous conditions,
the volume of traffic on
the | 1723 |
street or highway, and any other
appropriate factors.
The | 1724 |
(3) The
director
of transportation
shall formulate design | 1729 |
specifications for the signs
described in division (A)(1) of this | 1730 |
section
advising motorists of the increased
penalties
and the | 1731 |
signs described in division (A)(2) of this section advising | 1732 |
motorists of the illegal conduct identified in division (B) of | 1733 |
section 4511.98 of the Revised Code. For purposes of traffic | 1734 |
violation penalties, nothing
in this section is intended to | 1735 |
conflict with any standard set
forth in the federal manual of | 1736 |
uniform traffic control devices
for streets and highways. | 1737 |
(B) As used in this section and in section 4511.98 of the | 1738 |
Revised
Code, "construction zone" means that lane or portion of | 1739 |
street or
highway open to vehicular traffic and adjacent to a | 1740 |
lane, berm, or
shoulder of a street or highway within which lane, | 1741 |
berm, or
shoulder construction, reconstruction, resurfacing, or | 1742 |
any other
work of a repair or maintenance nature, including
public | 1743 |
utility
work, is being conducted, commencing with the
point where | 1744 |
the
first worker or piece of equipment is located and
ending where | 1745 |
the
last worker or piece of equipment is located. | 1746 |
Section 3. Section 2152.17 of the Revised Code is presented | 1750 |
in
this act as a composite of the section as amended by both Sub. | 1751 |
H.B. 130 and Sub. H.B. 393 of
the 124th General Assembly. Section | 1752 |
2929.14 of the Revised Code is
presented in
this act as a | 1753 |
composite of
the section as amended by
Sub. H.B. 130, Am. Sub. | 1754 |
H.B. 327, Sub. H.B.
485, and Am. Sub. S.B. 123 of
the 124th | 1755 |
General
Assembly. The General Assembly, applying the
principle | 1756 |
stated in division (B) of section 1.52 of the Revised
Code that | 1757 |
amendments are to be harmonized if reasonably capable of | 1758 |
simultaneous operation, finds that the composites are the | 1759 |
resulting
versions of the sections in effect prior to the | 1760 |
effective date of
the sections as presented in this act. | 1761 |