Sub. H. B. No. 259 As Re-reported by the Senate Judiciary--Criminal Justice Committee

Representatives Wagner, McGregor, J., Martin, Evans, C., Fende, Bubp, Wagoner, Seaver, Evans, D., Setzer, Hagan, Harwood, Gilb, Wolpert, Distel, Willamowski, Collier, Latta, Faber, Brown, Aslanides, Uecker, Allen, Perry, Mason, Hughes, Blessing, Daniels, DeBose, DeGeeter, Domenick, Fessler, Flowers, Gibbs, Law, Oelslager, Otterman, Patton, T., Reidelbach, Schaffer, Schlichter, Schneider, Smith, G., Stewart, J., Taylor, Williams

Senators Clancy, Grendell, Schuring, Dann, Zurz

A BILL

To amend sections 2921.38, 2929.14, 2929.19, and 1
2967.28 and to enact section 2929.191 of the 2
Revised Code to prohibit a person, with intent to 3
harass, annoy, threaten, or alarm a law 4
enforcement officer, from causing or attempting to 5
cause the law enforcement officer to come into 6
contact with a bodily substance; to prohibit any 7
person from engaging in the same action with 8
respect to any person when the person is a knowing 9
carrier of certain viruses or bacteria; to specify 10
that a sentencing court's failure to notify a 11
felon of mandatory post-release control after 12
prison does not affect mandatory post-release 13
control; to specify that a sentencing court's 14
failure to notify a felon of the possibility of 15
being sent back to prison for violating mandatory 16
or discretionary post-release control does not 17
affect the authority to do so if the Parole Board 18
gives such a notice; to require the Parole Board 19
to notify felons prior to release from prison of 20
the possibility of being sent back to prison for 21
violating post-release control; to allow a court 22
that previously sentenced a felon and failed to 23
notify the felon of mandatory or discretionary 24
post-release control or the possibility of being 25
sent back to prison for violating post-release 26
control to correct the sentence at a hearing to 27
include the notice and place upon its journal an 28
entry nunc pro tunc to record the correction; to 29
provide that the hearing may be conducted by video 30
conferencing equipment if available and 31
compatible; to specify that a court's placement 32
upon the journal of such an entry nunc pro tunc 33
before the offender is released from imprisonment 34
serves as if the court at the time of original 35
sentencing had provided the notice to the 36
offender; and to declare an emergency. 37

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

       Section 1. That sections 2921.38, 2929.14, 2929.19, and 38
2967.28 be amended and section 2929.191 of the Revised Code be 39
enacted to read as follows: 40

       Sec. 2921.38. (A) No person who is confined in a detention 41
facility, with intent to harass, annoy, threaten, or alarm another 42
person, shall cause or attempt to cause the other person to come 43
into contact with blood, semen, urine, feces, or another bodily 44
substance by throwing the bodily substance at the other person, by 45
expelling the bodily substance upon the other person, or in any 46
other manner. 47

       (B) No person, with intent to harass, annoy, threaten, or 48
alarm a law enforcement officer, shall cause or attempt to cause 49
the law enforcement officer to come into contact with blood, 50
semen, urine, feces, or another bodily substance by throwing the 51
bodily substance at the law enforcement officer, by expelling the 52
bodily substance upon the law enforcement officer, or in any other 53
manner. 54

       (C) No person ~~who is confined in a detention facility~~, with 55
knowledge that the person is a carrier of the virus that causes 56
acquired immunodeficiency syndrome, is a carrier of a hepatitis 57
virus, or is infected with tuberculosis and with intent to harass, 58
annoy, threaten, or alarm another person, shall cause or attempt 59
to cause the other person to come into contact with blood, semen, 60
urine, feces, or another bodily substance by throwing the bodily 61
substance at the other person, by expelling the bodily substance 62
upon the other person, or in any other manner. 63

       ~~(C)~~(D) Whoever violates this section is guilty of harassment 64
~~by an inmate~~with a bodily substance. A violation of division (A) 65
or (B) of this section is a felony of the fifth degree. A 66
violation of division ~~(B)~~(C) of this section is a felony of the 67
third degree. 68

       ~~(D)~~(E)(1) The court, on request of the prosecutor, or the law 69
enforcement authority responsible for the investigation of the 70
violation, shall cause a person who allegedly has committed a 71
violation of this section to submit to one or more appropriate 72
tests to determine if the person is a carrier of the virus that 73
causes acquired immunodeficiency syndrome, is a carrier of a 74
hepatitis virus, or is infected with tuberculosis. 75

       (2) The court shall charge the offender with the costs of the 76
test or tests ordered under division ~~(D)~~(E)(1) of this section 77
unless the court determines that the accused is unable to pay, in 78
which case the costs shall be charged to whichever of the 79
following is applicable: 80

       (a) If the alleged offense occurred in a detention facility, 81
the entity that operates the detention facility in which the 82
alleged offense occurred; 83

       (b) If the alleged offense occurred outside of a detention 84
facility, the law enforcement authority responsible for the 85
investigation of the violation. 86

       ~~(E)~~(F) This section does not apply to a person who is 87
hospitalized, institutionalized, or confined in a facility 88
operated by the department of mental health or the department of 89
mental retardation and developmental disabilities. 90

       Sec. 2929.14. (A) Except as provided in division (C), 91
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), or (G) of this 92
section and except in relation to an offense for which a sentence 93
of death or life imprisonment is to be imposed, if the court 94
imposing a sentence upon an offender for a felony elects or is 95
required to impose a prison term on the offender pursuant to this 96
chapter, the court shall impose a definite prison term that shall 97
be one of the following: 98

       (1) For a felony of the first degree, the prison term shall 99
be three, four, five, six, seven, eight, nine, or ten years. 100

       (2) For a felony of the second degree, the prison term shall 101
be two, three, four, five, six, seven, or eight years. 102

       (3) For a felony of the third degree, the prison term shall 103
be one, two, three, four, or five years. 104

       (4) For a felony of the fourth degree, the prison term shall 105
be six, seven, eight, nine, ten, eleven, twelve, thirteen, 106
fourteen, fifteen, sixteen, seventeen, or eighteen months. 107

       (5) For a felony of the fifth degree, the prison term shall 108
be six, seven, eight, nine, ten, eleven, or twelve months. 109

       (B) Except as provided in division (C), (D)(1), (D)(2), 110
(D)(3), (D)(5), (D)(6), or (G) of this section, in section 2907.02 111
of the Revised Code, or in Chapter 2925. of the Revised Code, if 112
the court imposing a sentence upon an offender for a felony elects 113
or is required to impose a prison term on the offender, the court 114
shall impose the shortest prison term authorized for the offense 115
pursuant to division (A) of this section, unless one or more of 116
the following applies: 117

       (1) The offender was serving a prison term at the time of the 118
offense, or the offender previously had served a prison term. 119

       (2) The court finds on the record that the shortest prison 120
term will demean the seriousness of the offender's conduct or will 121
not adequately protect the public from future crime by the 122
offender or others. 123

       (C) Except as provided in division (G) of this section or in 124
Chapter 2925. of the Revised Code, the court imposing a sentence 125
upon an offender for a felony may impose the longest prison term 126
authorized for the offense pursuant to division (A) of this 127
section only upon offenders who committed the worst forms of the 128
offense, upon offenders who pose the greatest likelihood of 129
committing future crimes, upon certain major drug offenders under 130
division (D)(3) of this section, and upon certain repeat violent 131
offenders in accordance with division (D)(2) of this section. 132

       (D)(1)(a) Except as provided in division (D)(1)(e) of this 133
section, if an offender who is convicted of or pleads guilty to a 134
felony also is convicted of or pleads guilty to a specification of 135
the type described in section 2941.141, 2941.144, or 2941.145 of 136
the Revised Code, the court shall impose on the offender one of 137
the following prison terms: 138

       (i) A prison term of six years if the specification is of the 139
type described in section 2941.144 of the Revised Code that 140
charges the offender with having a firearm that is an automatic 141
firearm or that was equipped with a firearm muffler or silencer on 142
or about the offender's person or under the offender's control 143
while committing the felony; 144

       (ii) A prison term of three years if the specification is of 145
the type described in section 2941.145 of the Revised Code that 146
charges the offender with having a firearm on or about the 147
offender's person or under the offender's control while committing 148
the offense and displaying the firearm, brandishing the firearm, 149
indicating that the offender possessed the firearm, or using it to 150
facilitate the offense; 151

       (iii) A prison term of one year if the specification is of 152
the type described in section 2941.141 of the Revised Code that 153
charges the offender with having a firearm on or about the 154
offender's person or under the offender's control while committing 155
the felony. 156

       (b) If a court imposes a prison term on an offender under 157
division (D)(1)(a) of this section, the prison term shall not be 158
reduced pursuant to section 2929.20, section 2967.193, or any 159
other provision of Chapter 2967. or Chapter 5120. of the Revised 160
Code. A court shall not impose more than one prison term on an 161
offender under division (D)(1)(a) of this section for felonies 162
committed as part of the same act or transaction. 163

       (c) Except as provided in division (D)(1)(e) of this section, 164
if an offender who is convicted of or pleads guilty to a violation 165
of section 2923.161 of the Revised Code or to a felony that 166
includes, as an essential element, purposely or knowingly causing 167
or attempting to cause the death of or physical harm to another, 168
also is convicted of or pleads guilty to a specification of the 169
type described in section 2941.146 of the Revised Code that 170
charges the offender with committing the offense by discharging a 171
firearm from a motor vehicle other than a manufactured home, the 172
court, after imposing a prison term on the offender for the 173
violation of section 2923.161 of the Revised Code or for the other 174
felony offense under division (A), (D)(2), or (D)(3) of this 175
section, shall impose an additional prison term of five years upon 176
the offender that shall not be reduced pursuant to section 177
2929.20, section 2967.193, or any other provision of Chapter 2967. 178
or Chapter 5120. of the Revised Code. A court shall not impose 179
more than one additional prison term on an offender under division 180
(D)(1)(c) of this section for felonies committed as part of the 181
same act or transaction. If a court imposes an additional prison 182
term on an offender under division (D)(1)(c) of this section 183
relative to an offense, the court also shall impose a prison term 184
under division (D)(1)(a) of this section relative to the same 185
offense, provided the criteria specified in that division for 186
imposing an additional prison term are satisfied relative to the 187
offender and the offense. 188

       (d) If an offender who is convicted of or pleads guilty to 189
an offense of violence that is a felony also is convicted of or 190
pleads guilty to a specification of the type described in section 191
2941.1411 of the Revised Code that charges the offender with 192
wearing or carrying body armor while committing the felony offense 193
of violence, the court shall impose on the offender a prison term 194
of two years. The prison term so imposed shall not be reduced 195
pursuant to section 2929.20, section 2967.193, or any other 196
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A 197
court shall not impose more than one prison term on an offender 198
under division (D)(1)(d) of this section for felonies committed as 199
part of the same act or transaction. If a court imposes an 200
additional prison term under division (D)(1)(a) or (c) of this 201
section, the court is not precluded from imposing an additional 202
prison term under division (D)(1)(d) of this section. 203

       (e) The court shall not impose any of the prison terms 204
described in division (D)(1)(a) of this section or any of the 205
additional prison terms described in division (D)(1)(c) of this 206
section upon an offender for a violation of section 2923.12 or 207
2923.123 of the Revised Code. The court shall not impose any of 208
the prison terms described in division (D)(1)(a) of this section 209
or any of the additional prison terms described in division 210
(D)(1)(c) of this section upon an offender for a violation of 211
section 2923.13 of the Revised Code unless all of the following 212
apply: 213

       (i) The offender previously has been convicted of aggravated 214
murder, murder, or any felony of the first or second degree. 215

       (ii) Less than five years have passed since the offender was 216
released from prison or post-release control, whichever is later, 217
for the prior offense. 218

        (f) If an offender is convicted of or pleads guilty to a 219
felony that includes, as an essential element, causing or 220
attempting to cause the death of or physical harm to another and 221
also is convicted of or pleads guilty to a specification of the 222
type described in section 2941.1412 of the Revised Code that 223
charges the offender with committing the offense by discharging a 224
firearm at a peace officer as defined in section 2935.01 of the 225
Revised Code or a corrections officer as defined in section 226
2941.1412 of the Revised Code, the court, after imposing a prison 227
term on the offender for the felony offense under division (A), 228
(D)(2), or (D)(3) of this section, shall impose an additional 229
prison term of seven years upon the offender that shall not be 230
reduced pursuant to section 2929.20, section 2967.193, or any 231
other provision of Chapter 2967. or Chapter 5120. of the Revised 232
Code. A court shall not impose more than one additional prison 233
term on an offender under division (D)(1)(f) of this section for 234
felonies committed as part of the same act or transaction. If a 235
court imposes an additional prison term on an offender under 236
division (D)(1)(f) of this section relative to an offense, the 237
court shall not impose a prison term under division (D)(1)(a) or 238
(c) of this section relative to the same offense. 239

       (2)(a) If an offender who is convicted of or pleads guilty to 240
a felony also is convicted of or pleads guilty to a specification 241
of the type described in section 2941.149 of the Revised Code that 242
the offender is a repeat violent offender, the court shall impose 243
a prison term from the range of terms authorized for the offense 244
under division (A) of this section that may be the longest term in 245
the range and that shall not be reduced pursuant to section 246
2929.20, section 2967.193, or any other provision of Chapter 2967. 247
or Chapter 5120. of the Revised Code. If the court finds that the 248
repeat violent offender, in committing the offense, caused any 249
physical harm that carried a substantial risk of death to a person 250
or that involved substantial permanent incapacity or substantial 251
permanent disfigurement of a person, the court shall impose the 252
longest prison term from the range of terms authorized for the 253
offense under division (A) of this section. 254

       (b) If the court imposing a prison term on a repeat violent 255
offender imposes the longest prison term from the range of terms 256
authorized for the offense under division (A) of this section, the 257
court may impose on the offender an additional definite prison 258
term of one, two, three, four, five, six, seven, eight, nine, or 259
ten years if the court finds that both of the following apply with 260
respect to the prison terms imposed on the offender pursuant to 261
division (D)(2)(a) of this section and, if applicable, divisions 262
(D)(1) and (3) of this section: 263

       (i) The terms so imposed are inadequate to punish the 264
offender and protect the public from future crime, because the 265
applicable factors under section 2929.12 of the Revised Code 266
indicating a greater likelihood of recidivism outweigh the 267
applicable factors under that section indicating a lesser 268
likelihood of recidivism. 269

       (ii) The terms so imposed are demeaning to the seriousness of 270
the offense, because one or more of the factors under section 271
2929.12 of the Revised Code indicating that the offender's conduct 272
is more serious than conduct normally constituting the offense are 273
present, and they outweigh the applicable factors under that 274
section indicating that the offender's conduct is less serious 275
than conduct normally constituting the offense. 276

       (3)(a) Except when an offender commits a violation of section 277
2903.01 or 2907.02 of the Revised Code and the penalty imposed for 278
the violation is life imprisonment or commits a violation of 279
section 2903.02 of the Revised Code, if the offender commits a 280
violation of section 2925.03 or 2925.11 of the Revised Code and 281
that section classifies the offender as a major drug offender and 282
requires the imposition of a ten-year prison term on the offender, 283
if the offender commits a felony violation of section 2925.02, 284
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 285
4729.37, or 4729.61, division (C) or (D) of section 3719.172, 286
division (C) of section 4729.51, or division (J) of section 287
4729.54 of the Revised Code that includes the sale, offer to sell, 288
or possession of a schedule I or II controlled substance, with the 289
exception of marihuana, and the court imposing sentence upon the 290
offender finds that the offender is guilty of a specification of 291
the type described in section 2941.1410 of the Revised Code 292
charging that the offender is a major drug offender, if the court 293
imposing sentence upon an offender for a felony finds that the 294
offender is guilty of corrupt activity with the most serious 295
offense in the pattern of corrupt activity being a felony of the 296
first degree, or if the offender is guilty of an attempted 297
violation of section 2907.02 of the Revised Code and, had the 298
offender completed the violation of section 2907.02 of the Revised 299
Code that was attempted, the offender would have been subject to a 300
sentence of life imprisonment or life imprisonment without parole 301
for the violation of section 2907.02 of the Revised Code, the 302
court shall impose upon the offender for the felony violation a 303
ten-year prison term that cannot be reduced pursuant to section 304
2929.20 or Chapter 2967. or 5120. of the Revised Code. 305

       (b) The court imposing a prison term on an offender under 306
division (D)(3)(a) of this section may impose an additional prison 307
term of one, two, three, four, five, six, seven, eight, nine, or 308
ten years, if the court, with respect to the term imposed under 309
division (D)(3)(a) of this section and, if applicable, divisions 310
(D)(1) and (2) of this section, makes both of the findings set 311
forth in divisions (D)(2)(b)(i) and (ii) of this section. 312

       (4) If the offender is being sentenced for a third or fourth 313
degree felony OVI offense under division (G)(2) of section 2929.13 314
of the Revised Code, the sentencing court shall impose upon the 315
offender a mandatory prison term in accordance with that division. 316
In addition to the mandatory prison term, if the offender is being 317
sentenced for a fourth degree felony OVI offense, the court, 318
notwithstanding division (A)(4) of this section, may sentence the 319
offender to a definite prison term of not less than six months and 320
not more than thirty months, and if the offender is being 321
sentenced for a third degree felony OVI offense, the sentencing 322
court may sentence the offender to an additional prison term of 323
any duration specified in division (A)(3) of this section. In 324
either case, the additional prison term imposed shall be reduced 325
by the sixty or one hundred twenty days imposed upon the offender 326
as the mandatory prison term. The total of the additional prison 327
term imposed under division (D)(4) of this section plus the sixty 328
or one hundred twenty days imposed as the mandatory prison term 329
shall equal a definite term in the range of six months to thirty 330
months for a fourth degree felony OVI offense and shall equal one 331
of the authorized prison terms specified in division (A)(3) of 332
this section for a third degree felony OVI offense. If the court 333
imposes an additional prison term under division (D)(4) of this 334
section, the offender shall serve the additional prison term after 335
the offender has served the mandatory prison term required for the 336
offense. In addition to the mandatory prison term or mandatory and 337
additional prison term imposed as described in division (D)(4) of 338
this section, the court also may sentence the offender to a 339
community control sanction under section 2929.16 or 2929.17 of the 340
Revised Code, but the offender shall serve all of the prison terms 341
so imposed prior to serving the community control sanction. 342

        If the offender is being sentenced for a fourth degree felony 343
OVI offense under division (G)(1) of section 2929.13 of the 344
Revised Code and the court imposes a mandatory term of local 345
incarceration, the court may impose a prison term as described in 346
division (A)(1) of that section. 347

       (5) If an offender is convicted of or pleads guilty to a 348
violation of division (A)(1) or (2) of section 2903.06 of the 349
Revised Code and also is convicted of or pleads guilty to a 350
specification of the type described in section 2941.1414 of the 351
Revised Code that charges that the victim of the offense is a 352
peace officer, as defined in section 2935.01 of the Revised Code, 353
the court shall impose on the offender a prison term of five 354
years. If a court imposes a prison term on an offender under 355
division (D)(5) of this section, the prison term shall not be 356
reduced pursuant to section 2929.20, section 2967.193, or any 357
other provision of Chapter 2967. or Chapter 5120. of the Revised 358
Code. A court shall not impose more than one prison term on an 359
offender under division (D)(5) of this section for felonies 360
committed as part of the same act. 361

        (6) If an offender is convicted of or pleads guilty to a 362
violation of division (A)(1) or (2) of section 2903.06 of the 363
Revised Code and also is convicted of or pleads guilty to a 364
specification of the type described in section 2941.1415 of the 365
Revised Code that charges that the offender previously has been 366
convicted of or pleaded guilty to three or more violations of 367
division (A) or (B) of section 4511.19 of the Revised Code or an 368
equivalent offense, as defined in section 2941.1415 of the Revised 369
Code, or three or more violations of any combination of those 370
divisions and offenses, the court shall impose on the offender a 371
prison term of three years. If a court imposes a prison term on an 372
offender under division (D)(6) of this section, the prison term 373
shall not be reduced pursuant to section 2929.20, section 374
2967.193, or any other provision of Chapter 2967. or Chapter 5120. 375
of the Revised Code. A court shall not impose more than one prison 376
term on an offender under division (D)(6) of this section for 377
felonies committed as part of the same act. 378

       (E)(1)(a) Subject to division (E)(1)(b) of this section, if a 379
mandatory prison term is imposed upon an offender pursuant to 380
division (D)(1)(a) of this section for having a firearm on or 381
about the offender's person or under the offender's control while 382
committing a felony, if a mandatory prison term is imposed upon an 383
offender pursuant to division (D)(1)(c) of this section for 384
committing a felony specified in that division by discharging a 385
firearm from a motor vehicle, or if both types of mandatory prison 386
terms are imposed, the offender shall serve any mandatory prison 387
term imposed under either division consecutively to any other 388
mandatory prison term imposed under either division or under 389
division (D)(1)(d) of this section, consecutively to and prior to 390
any prison term imposed for the underlying felony pursuant to 391
division (A), (D)(2), or (D)(3) of this section or any other 392
section of the Revised Code, and consecutively to any other prison 393
term or mandatory prison term previously or subsequently imposed 394
upon the offender. 395

       (b) If a mandatory prison term is imposed upon an offender 396
pursuant to division (D)(1)(d) of this section for wearing or 397
carrying body armor while committing an offense of violence that 398
is a felony, the offender shall serve the mandatory term so 399
imposed consecutively to any other mandatory prison term imposed 400
under that division or under division (D)(1)(a) or (c) of this 401
section, consecutively to and prior to any prison term imposed for 402
the underlying felony under division (A), (D)(2), or (D)(3) of 403
this section or any other section of the Revised Code, and 404
consecutively to any other prison term or mandatory prison term 405
previously or subsequently imposed upon the offender. 406

       (c) If a mandatory prison term is imposed upon an offender 407
pursuant to division (D)(1)(f) of this section, the offender shall 408
serve the mandatory prison term so imposed consecutively to and 409
prior to any prison term imposed for the underlying felony under 410
division (A), (D)(2), or (D)(3) of this section or any other 411
section of the Revised Code, and consecutively to any other prison 412
term or mandatory prison term previously or subsequently imposed 413
upon the offender. 414

       (2) If an offender who is an inmate in a jail, prison, or 415
other residential detention facility violates section 2917.02, 416
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender 417
who is under detention at a detention facility commits a felony 418
violation of section 2923.131 of the Revised Code, or if an 419
offender who is an inmate in a jail, prison, or other residential 420
detention facility or is under detention at a detention facility 421
commits another felony while the offender is an escapee in 422
violation of section 2921.34 of the Revised Code, any prison term 423
imposed upon the offender for one of those violations shall be 424
served by the offender consecutively to the prison term or term of 425
imprisonment the offender was serving when the offender committed 426
that offense and to any other prison term previously or 427
subsequently imposed upon the offender. 428

       (3) If a prison term is imposed for a violation of division 429
(B) of section 2911.01 of the Revised Code, a violation of 430
division (A) of section 2913.02 of the Revised Code in which the 431
stolen property is a firearm or dangerous ordnance, or a felony 432
violation of division (B) of section 2921.331 of the Revised Code, 433
the offender shall serve that prison term consecutively to any 434
other prison term or mandatory prison term previously or 435
subsequently imposed upon the offender. 436

       (4) If multiple prison terms are imposed on an offender for 437
convictions of multiple offenses, the court may require the 438
offender to serve the prison terms consecutively if the court 439
finds that the consecutive service is necessary to protect the 440
public from future crime or to punish the offender and that 441
consecutive sentences are not disproportionate to the seriousness 442
of the offender's conduct and to the danger the offender poses to 443
the public, and if the court also finds any of the following: 444

       (a) The offender committed one or more of the multiple 445
offenses while the offender was awaiting trial or sentencing, was 446
under a sanction imposed pursuant to section 2929.16, 2929.17, or 447
2929.18 of the Revised Code, or was under post-release control for 448
a prior offense. 449

       (b) At least two of the multiple offenses were committed as 450
part of one or more courses of conduct, and the harm caused by two 451
or more of the multiple offenses so committed was so great or 452
unusual that no single prison term for any of the offenses 453
committed as part of any of the courses of conduct adequately 454
reflects the seriousness of the offender's conduct. 455

       (c) The offender's history of criminal conduct demonstrates 456
that consecutive sentences are necessary to protect the public 457
from future crime by the offender. 458

       (5) If a mandatory prison term is imposed upon an offender 459
pursuant to division (D)(5) or (6) of this section, the offender 460
shall serve the mandatory prison term consecutively to and prior 461
to any prison term imposed for the underlying violation of 462
division (A)(1) or (2) of section 2903.06 of the Revised Code 463
pursuant to division (A) of this section. If a mandatory prison 464
term is imposed upon an offender pursuant to division (D)(5) of 465
this section, and if a mandatory prison term also is imposed upon 466
the offender pursuant to division (D)(6) of this section in 467
relation to the same violation, the offender shall serve the 468
mandatory prison term imposed pursuant to division (D)(5) of this 469
section consecutively to and prior to the mandatory prison term 470
imposed pursuant to division (D)(6) of this section and 471
consecutively to and prior to any prison term imposed for the 472
underlying violation of division (A)(1) or (2) of section 2903.06 473
of the Revised Code pursuant to division (A) of this section. 474

       (6) When consecutive prison terms are imposed pursuant to 475
division (E)(1), (2), (3), (4), or (5) of this section, the term 476
to be served is the aggregate of all of the terms so imposed. 477

       (F)(1) If a court imposes a prison term ~~of a type described~~ 478
~~in division (B) of section 2967.28 of the Revised Code~~for a 479
felony of the first degree, for a felony of the second degree, for 480
a felony sex offense, or for a felony of the third degree that is 481
not a felony sex offense and in the commission of which the 482
offender caused or threatened to cause physical harm to a person, 483
it shall include in the sentence a requirement that the offender 484
be subject to a period of post-release control after the 485
offender's release from imprisonment, in accordance with that 486
division. If a court imposes a sentence including a prison term of 487
a type described in this division on or after the effective date 488
of this amendment, the failure of a court to include a 489
post-release control requirement in the sentence pursuant to this 490
division does not negate, limit, or otherwise affect the mandatory 491
period of post-release control that is required for the offender 492
under division (B) of section 2967.28 of the Revised Code. Section 493
2929.191 of the Revised Code applies if, prior to the effective 494
date of this amendment, a court imposed a sentence including a 495
prison term of a type described in this division and failed to 496
include in the sentence pursuant to this division a statement 497
regarding post-release control. 498

       (2) If a court imposes a prison term ~~of a type described in~~ 499
~~division (C) of that section~~for a felony of the third, fourth, or 500
fifth degree that is not subject to division (F)(1) of this 501
section, it shall include in the sentence a requirement that the 502
offender be subject to a period of post-release control after the 503
offender's release from imprisonment, in accordance with that 504
division, if the parole board determines that a period of 505
post-release control is necessary. Section 2929.191 of the Revised 506
Code applies if, prior to the effective date of this amendment, a 507
court imposed a sentence including a prison term of a type 508
described in this division and failed to include in the sentence 509
pursuant to this division a statement regarding post-release 510
control. 511

       (G) If a person is convicted of or pleads guilty to a violent 512
sex offense or a designated homicide, assault, or kidnapping 513
offense and, in relation to that offense, the offender is 514
adjudicated a sexually violent predator, the court shall impose 515
sentence upon the offender in accordance with section 2971.03 of 516
the Revised Code, and Chapter 2971. of the Revised Code applies 517
regarding the prison term or term of life imprisonment without 518
parole imposed upon the offender and the service of that term of 519
imprisonment. 520

       (H) If a person who has been convicted of or pleaded guilty 521
to a felony is sentenced to a prison term or term of imprisonment 522
under this section, sections 2929.02 to 2929.06 of the Revised 523
Code, section 2971.03 of the Revised Code, or any other provision 524
of law, section 5120.163 of the Revised Code applies regarding the 525
person while the person is confined in a state correctional 526
institution. 527

       (I) If an offender who is convicted of or pleads guilty to a 528
felony that is an offense of violence also is convicted of or 529
pleads guilty to a specification of the type described in section 530
2941.142 of the Revised Code that charges the offender with having 531
committed the felony while participating in a criminal gang, the 532
court shall impose upon the offender an additional prison term of 533
one, two, or three years. 534

       (J) If an offender who is convicted of or pleads guilty to 535
aggravated murder, murder, or a felony of the first, second, or 536
third degree that is an offense of violence also is convicted of 537
or pleads guilty to a specification of the type described in 538
section 2941.143 of the Revised Code that charges the offender 539
with having committed the offense in a school safety zone or 540
towards a person in a school safety zone, the court shall impose 541
upon the offender an additional prison term of two years. The 542
offender shall serve the additional two years consecutively to and 543
prior to the prison term imposed for the underlying offense. 544

       (K) At the time of sentencing, the court may recommend the 545
offender for placement in a program of shock incarceration under 546
section 5120.031 of the Revised Code or for placement in an 547
intensive program prison under section 5120.032 of the Revised 548
Code, disapprove placement of the offender in a program of shock 549
incarceration or an intensive program prison of that nature, or 550
make no recommendation on placement of the offender. In no case 551
shall the department of rehabilitation and correction place the 552
offender in a program or prison of that nature unless the 553
department determines as specified in section 5120.031 or 5120.032 554
of the Revised Code, whichever is applicable, that the offender is 555
eligible for the placement. 556

       If the court disapproves placement of the offender in a 557
program or prison of that nature, the department of rehabilitation 558
and correction shall not place the offender in any program of 559
shock incarceration or intensive program prison. 560

       If the court recommends placement of the offender in a 561
program of shock incarceration or in an intensive program prison, 562
and if the offender is subsequently placed in the recommended 563
program or prison, the department shall notify the court of the 564
placement and shall include with the notice a brief description of 565
the placement. 566

       If the court recommends placement of the offender in a 567
program of shock incarceration or in an intensive program prison 568
and the department does not subsequently place the offender in the 569
recommended program or prison, the department shall send a notice 570
to the court indicating why the offender was not placed in the 571
recommended program or prison. 572

       If the court does not make a recommendation under this 573
division with respect to an offender and if the department 574
determines as specified in section 5120.031 or 5120.032 of the 575
Revised Code, whichever is applicable, that the offender is 576
eligible for placement in a program or prison of that nature, the 577
department shall screen the offender and determine if there is an 578
available program of shock incarceration or an intensive program 579
prison for which the offender is suited. If there is an available 580
program of shock incarceration or an intensive program prison for 581
which the offender is suited, the department shall notify the 582
court of the proposed placement of the offender as specified in 583
section 5120.031 or 5120.032 of the Revised Code and shall include 584
with the notice a brief description of the placement. The court 585
shall have ten days from receipt of the notice to disapprove the 586
placement. 587

       Sec. 2929.19. (A)(1) The court shall hold a sentencing 588
hearing before imposing a sentence under this chapter upon an 589
offender who was convicted of or pleaded guilty to a felony and 590
before resentencing an offender who was convicted of or pleaded 591
guilty to a felony and whose case was remanded pursuant to section 592
2953.07 or 2953.08 of the Revised Code. At the hearing, the 593
offender, the prosecuting attorney, the victim or the victim's 594
representative in accordance with section 2930.14 of the Revised 595
Code, and, with the approval of the court, any other person may 596
present information relevant to the imposition of sentence in the 597
case. The court shall inform the offender of the verdict of the 598
jury or finding of the court and ask the offender whether the 599
offender has anything to say as to why sentence should not be 600
imposed upon the offender. 601

       (2) Except as otherwise provided in this division, before 602
imposing sentence on an offender who is being sentenced on or 603
after January 1, 1997, for a sexually oriented offense that is not 604
a registration-exempt sexually oriented offense and who is in any 605
category of offender described in division (B)(1)(a)(i), (ii), or 606
(iii) of section 2950.09 of the Revised Code, the court shall 607
conduct a hearing in accordance with division (B) of section 608
2950.09 of the Revised Code to determine whether the offender is a 609
sexual predator. The court shall not conduct a hearing under that 610
division if the offender is being sentenced for a violent sex 611
offense or a designated homicide, assault, or kidnapping offense 612
and, in relation to that offense, the offender was adjudicated a 613
sexually violent predator. Before imposing sentence on an offender 614
who is being sentenced for a sexually oriented offense that is not 615
a registration-exempt sexually oriented offense, the court also 616
shall comply with division (E) of section 2950.09 of the Revised 617
Code. 618

       Before imposing sentence on or after July 31, 2003, on an 619
offender who is being sentenced for a child-victim oriented 620
offense, regardless of when the offense was committed, the court 621
shall conduct a hearing in accordance with division (B) of section 622
2950.091 of the Revised Code to determine whether the offender is 623
a child-victim predator. Before imposing sentence on an offender 624
who is being sentenced for a child-victim oriented offense, the 625
court also shall comply with division (E) of section 2950.091 of 626
the Revised Code. 627

       (B)(1) At the sentencing hearing, the court, before imposing 628
sentence, shall consider the record, any information presented at 629
the hearing by any person pursuant to division (A) of this 630
section, and, if one was prepared, the presentence investigation 631
report made pursuant to section 2951.03 of the Revised Code or 632
Criminal Rule 32.2, and any victim impact statement made pursuant 633
to section 2947.051 of the Revised Code. 634

       (2) The court shall impose a sentence and shall make a 635
finding that gives its reasons for selecting the sentence imposed 636
in any of the following circumstances: 637

       (a) Unless the offense is a violent sex offense or designated 638
homicide, assault, or kidnapping offense for which the court is 639
required to impose sentence pursuant to division (G) of section 640
2929.14 of the Revised Code, if it imposes a prison term for a 641
felony of the fourth or fifth degree or for a felony drug offense 642
that is a violation of a provision of Chapter 2925. of the Revised 643
Code and that is specified as being subject to division (B) of 644
section 2929.13 of the Revised Code for purposes of sentencing, 645
its reasons for imposing the prison term, based upon the 646
overriding purposes and principles of felony sentencing set forth 647
in section 2929.11 of the Revised Code, and any factors listed in 648
divisions (B)(1)(a) to (i) of section 2929.13 of the Revised Code 649
that it found to apply relative to the offender. 650

       (b) If it does not impose a prison term for a felony of the 651
first or second degree or for a felony drug offense that is a 652
violation of a provision of Chapter 2925. of the Revised Code and 653
for which a presumption in favor of a prison term is specified as 654
being applicable, its reasons for not imposing the prison term and 655
for overriding the presumption, based upon the overriding purposes 656
and principles of felony sentencing set forth in section 2929.11 657
of the Revised Code, and the basis of the findings it made under 658
divisions (D)(1) and (2) of section 2929.13 of the Revised Code. 659

       (c) If it imposes consecutive sentences under section 2929.14 660
of the Revised Code, its reasons for imposing the consecutive 661
sentences; 662

       (d) If the sentence is for one offense and it imposes a 663
prison term for the offense that is the maximum prison term 664
allowed for that offense by division (A) of section 2929.14 of the 665
Revised Code, its reasons for imposing the maximum prison term; 666

       (e) If the sentence is for two or more offenses arising out 667
of a single incident and it imposes a prison term for those 668
offenses that is the maximum prison term allowed for the offense 669
of the highest degree by division (A) of section 2929.14 of the 670
Revised Code, its reasons for imposing the maximum prison term. 671

       (3) Subject to division (B)(4) of this section, if the 672
sentencing court determines at the sentencing hearing that a 673
prison term is necessary or required, the court shall do all of 674
the following: 675

       (a) Impose a stated prison term; 676

       (b) Notify the offender that, as part of the sentence, the 677
parole board may extend the stated prison term for certain 678
violations of prison rules for up to one-half of the stated prison 679
term; 680

       (c) Notify the offender that the offender will be supervised 681
under section 2967.28 of the Revised Code after the offender 682
leaves prison if the offender is being sentenced for a felony of 683
the first degree or second degree, for a felony sex offense, or 684
for a felony of the third degree that is not a felony sex offense 685
and in the commission of which the offender caused or threatened 686
to cause physical harm to a person;. If a court imposes a sentence 687
including a prison term of a type described in division (B)(3)(c) 688
of this section on or after the effective date of this amendment, 689
the failure of a court to notify the offender pursuant to division 690
(B)(3)(c) of this section that the offender will be supervised 691
under section 2967.28 of the Revised Code after the offender 692
leaves prison or to include in the judgment of conviction entered 693
on the journal a statement to that effect does not negate, limit, 694
or otherwise affect the mandatory period of supervision that is 695
required for the offender under division (B) of section 2967.28 of 696
the Revised Code. Section 2929.191 of the Revised Code applies if, 697
prior to the effective date of this amendment, a court imposed a 698
sentence including a prison term of a type described in division 699
(B)(3)(c) of this section and failed to notify the offender 700
pursuant to division (B)(3)(c) of this section regarding 701
post-release control or to include in the judgment of conviction 702
entered on the journal or in the sentence a statement regarding 703
post-release control. 704

       (d) Notify the offender that the offender may be supervised 705
under section 2967.28 of the Revised Code after the offender 706
leaves prison if the offender is being sentenced for a felony of 707
the third, fourth, or fifth degree that is not subject to division 708
(B)(3)(c) of this section;. Section 2929.191 of the Revised Code 709
applies if, prior to the effective date of this amendment, a court 710
imposed a sentence including a prison term of a type described in 711
division (B)(3)(d) of this section and failed to notify the 712
offender pursuant to division (B)(3)(d) of this section regarding 713
post-release control or to include in the judgment of conviction 714
entered on the journal or in the sentence a statement regarding 715
post-release control. 716

       (e) Notify the offender that, if a period of supervision is 717
imposed following the offender's release from prison, as described 718
in division (B)(3)(c) or (d) of this section, and if the offender 719
violates that supervision or a condition of post-release control 720
imposed under division (B) of section 2967.131 of the Revised 721
Code, the parole board may impose a prison term, as part of the 722
sentence, of up to one-half of the stated prison term originally 723
imposed upon the offender;. If a court imposes a sentence 724
including a prison term on or after the effective date of this 725
amendment, the failure of a court to notify the offender pursuant 726
to division (B)(3)(e) of this section that the parole board may 727
impose a prison term as described in division (B)(3)(e) of this 728
section for a violation of that supervision or a condition of 729
post-release control imposed under division (B) of section 730
2967.131 of the Revised Code or to include in the judgment of 731
conviction entered on the journal a statement to that effect does 732
not negate, limit, or otherwise affect the authority of the parole 733
board to so impose a prison term for a violation of that nature 734
if, pursuant to division (D)(1) of section 2967.28 of the Revised 735
Code, the parole board notifies the offender prior to the 736
offender's release of the board's authority to so impose a prison 737
term. Section 2929.191 of the Revised Code applies if, prior to 738
the effective date of this amendment, a court imposed a sentence 739
including a prison term and failed to notify the offender pursuant 740
to division (B)(3)(e) of this section regarding the possibility of 741
the parole board imposing a prison term for a violation of 742
supervision or a condition of post-release control. 743

       (f) Require that the offender not ingest or be injected with 744
a drug of abuse and submit to random drug testing as provided in 745
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever 746
is applicable to the offender who is serving a prison term, and 747
require that the results of the drug test administered under any 748
of those sections indicate that the offender did not ingest or was 749
not injected with a drug of abuse. 750

       (4) If the offender is being sentenced for a violent sex 751
offense or designated homicide, assault, or kidnapping offense 752
that the offender committed on or after January 1, 1997, and the 753
offender is adjudicated a sexually violent predator in relation to 754
that offense, if the offender is being sentenced for a sexually 755
oriented offense that is not a registration-exempt sexually 756
oriented offense and that the offender committed on or after 757
January 1, 1997, and the court imposing the sentence has 758
determined pursuant to division (B) of section 2950.09 of the 759
Revised Code that the offender is a sexual predator, if the 760
offender is being sentenced on or after July 31, 2003, for a 761
child-victim oriented offense and the court imposing the sentence 762
has determined pursuant to division (B) of section 2950.091 of the 763
Revised Code that the offender is a child-victim predator, or if 764
the offender is being sentenced for an aggravated sexually 765
oriented offense as defined in section 2950.01 of the Revised 766
Code, the court shall include in the offender's sentence a 767
statement that the offender has been adjudicated a sexual 768
predator, has been adjudicated a child victim predator, or has 769
been convicted of or pleaded guilty to an aggravated sexually 770
oriented offense, whichever is applicable, and shall comply with 771
the requirements of section 2950.03 of the Revised Code. 772
Additionally, in the circumstances described in division (G) of 773
section 2929.14 of the Revised Code, the court shall impose 774
sentence on the offender as described in that division. 775

       (5) If the sentencing court determines at the sentencing 776
hearing that a community control sanction should be imposed and 777
the court is not prohibited from imposing a community control 778
sanction, the court shall impose a community control sanction. The 779
court shall notify the offender that, if the conditions of the 780
sanction are violated, if the offender commits a violation of any 781
law, or if the offender leaves this state without the permission 782
of the court or the offender's probation officer, the court may 783
impose a longer time under the same sanction, may impose a more 784
restrictive sanction, or may impose a prison term on the offender 785
and shall indicate the specific prison term that may be imposed as 786
a sanction for the violation, as selected by the court from the 787
range of prison terms for the offense pursuant to section 2929.14 788
of the Revised Code. 789

       (6) Before imposing a financial sanction under section 790
2929.18 of the Revised Code or a fine under section 2929.32 of the 791
Revised Code, the court shall consider the offender's present and 792
future ability to pay the amount of the sanction or fine. 793

       (7) If the sentencing court sentences the offender to a 794
sanction of confinement pursuant to section 2929.14 or 2929.16 of 795
the Revised Code that is to be served in a local detention 796
facility, as defined in section 2929.36 of the Revised Code, and 797
if the local detention facility is covered by a policy adopted 798
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23, 799
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code 800
and section 2929.37 of the Revised Code, both of the following 801
apply: 802

       (a) The court shall specify both of the following as part of 803
the sentence: 804

       (i) If the offender is presented with an itemized bill 805
pursuant to section 2929.37 of the Revised Code for payment of the 806
costs of confinement, the offender is required to pay the bill in 807
accordance with that section. 808

       (ii) If the offender does not dispute the bill described in 809
division (B)(7)(a)(i) of this section and does not pay the bill by 810
the times specified in section 2929.37 of the Revised Code, the 811
clerk of the court may issue a certificate of judgment against the 812
offender as described in that section. 813

       (b) The sentence automatically includes any certificate of 814
judgment issued as described in division (B)(7)(a)(ii) of this 815
section. 816

       (C)(1) If the offender is being sentenced for a fourth degree 817
felony OVI offense under division (G)(1) of section 2929.13 of the 818
Revised Code, the court shall impose the mandatory term of local 819
incarceration in accordance with that division, shall impose a 820
mandatory fine in accordance with division (B)(3) of section 821
2929.18 of the Revised Code, and, in addition, may impose 822
additional sanctions as specified in sections 2929.15, 2929.16, 823
2929.17, and 2929.18 of the Revised Code. The court shall not 824
impose a prison term on the offender except that the court may 825
impose a prison term upon the offender as provided in division 826
(A)(1) of section 2929.13 of the Revised Code. 827

       (2) If the offender is being sentenced for a third or fourth 828
degree felony OVI offense under division (G)(2) of section 2929.13 829
of the Revised Code, the court shall impose the mandatory prison 830
term in accordance with that division, shall impose a mandatory 831
fine in accordance with division (B)(3) of section 2929.18 of the 832
Revised Code, and, in addition, may impose an additional prison 833
term as specified in section 2929.14 of the Revised Code. In 834
addition to the mandatory prison term or mandatory prison term and 835
additional prison term the court imposes, the court also may 836
impose a community control sanction on the offender, but the 837
offender shall serve all of the prison terms so imposed prior to 838
serving the community control sanction. 839

       (D) The sentencing court, pursuant to division (K) of section 840
2929.14 of the Revised Code, may recommend placement of the 841
offender in a program of shock incarceration under section 842
5120.031 of the Revised Code or an intensive program prison under 843
section 5120.032 of the Revised Code, disapprove placement of the 844
offender in a program or prison of that nature, or make no 845
recommendation. If the court recommends or disapproves placement, 846
it shall make a finding that gives its reasons for its 847
recommendation or disapproval. 848

       Sec. 2929.191. (A)(1) If, prior to the effective date of 849
this section, a court imposed a sentence including a prison term 850
of a type described in division (B)(3)(c) of section 2929.19 of 851
the Revised Code and failed to notify the offender pursuant to 852
that division that the offender will be supervised under section 853
2967.28 of the Revised Code after the offender leaves prison or to 854
include a statement to that effect in the judgment of conviction 855
entered on the journal or in the sentence pursuant to division 856
(F)(1) of section 2929.14 of the Revised Code, at any time before 857
the offender is released from imprisonment under that term and at 858
a hearing conducted in accordance with division (C) of this 859
section, the court may prepare and issue a correction to the 860
judgment of conviction that includes in the judgment of conviction 861
the statement that the offender will be supervised under section 862
2967.28 of the Revised Code after the offender leaves prison. 863

       If, prior to the effective date of this section, a court 864
imposed a sentence including a prison term of a type described in 865
division (B)(3)(d) of section 2929.19 of the Revised Code and 866
failed to notify the offender pursuant to that division that the 867
offender may be supervised under section 2967.28 of the Revised 868
Code after the offender leaves prison or to include a statement to 869
that effect in the judgment of conviction entered on the journal 870
or in the sentence pursuant to division (F)(2) of section 2929.14 871
of the Revised Code, at any time before the offender is released 872
from imprisonment under that term and at a hearing conducted in 873
accordance with division (C) of this section, the court may 874
prepare and issue a correction to the judgment of conviction that 875
includes in the judgment of conviction the statement that the 876
offender may be supervised under section 2967.28 of the Revised 877
Code after the offender leaves prison. 878

       (2) If a court prepares and issues a correction to a judgment 879
of conviction as described in division (A)(1) of this section 880
before the offender is released from imprisonment under the prison 881
term the court imposed prior to the effective date of this 882
section, the court shall place upon the journal of the court an 883
entry nunc pro tunc to record the correction to the judgment of 884
conviction and shall provide a copy of the entry to the offender 885
or, if the offender is not physically present at the hearing, 886
shall send a copy of the entry to the department of rehabilitation 887
and correction for delivery to the offender. If the court sends a 888
copy of the entry to the department, the department promptly shall 889
deliver a copy of the entry to the offender. The court's placement 890
upon the journal of the entry nunc pro tunc before the offender is 891
released from imprisonment under the term shall be considered, and 892
shall have the same effect, as if the court at the time of 893
original sentencing had included the statement in the sentence and 894
the judgment of conviction entered on the journal and had notified 895
the offender that the offender will be so supervised regarding a 896
sentence including a prison term of a type described in division 897
(B)(3)(c) of section 2929.19 of the Revised Code or that the 898
offender may be so supervised regarding a sentence including a 899
prison term of a type described in division (B)(3)(d) of that 900
section. 901

       (B)(1) If, prior to the effective date of this section, a 902
court imposed a sentence including a prison term and failed to 903
notify the offender pursuant to division (B)(3)(e) of section 904
2929.19 of the Revised Code regarding the possibility of the 905
parole board imposing a prison term for a violation of supervision 906
or a condition of post-release control or to include in the 907
judgment of conviction entered on the journal a statement to that 908
effect, at any time before the offender is released from 909
imprisonment under that term and at a hearing conducted in 910
accordance with division (C) of this section, the court may 911
prepare and issue a correction to the judgment of conviction that 912
includes in the judgment of conviction the statement that if a 913
period of supervision is imposed following the offender's release 914
from prison, as described in division (B)(3)(c) or (d) of section 915
2929.19 of the Revised Code, and if the offender violates that 916
supervision or a condition of post-release control imposed under 917
division (B) of section 2967.131 of the Revised Code the parole 918
board may impose as part of the sentence a prison term of up to 919
one-half of the stated prison term originally imposed upon the 920
offender. 921

       (2) If the court prepares and issues a correction to a 922
judgment of conviction as described in division (B)(1) of this 923
section before the offender is released from imprisonment under 924
the term, the court shall place upon the journal of the court an 925
entry nunc pro tunc to record the correction to the judgment of 926
conviction and shall provide a copy of the entry to the offender 927
or, if the offender is not physically present at the hearing, 928
shall send a copy of the entry to the department of rehabilitation 929
and correction for delivery to the offender. If the court sends a 930
copy of the entry to the department, the department promptly shall 931
deliver a copy of the entry to the offender. The court's placement 932
upon the journal of the entry nunc pro tunc before the offender is 933
released from imprisonment under the term shall be considered, and 934
shall have the same effect, as if the court at the time of 935
original sentencing had included the statement in the judgment of 936
conviction entered on the journal and had notified the offender 937
pursuant to division (B)(3)(e) of section 2929.19 of the Revised 938
Code regarding the possibility of the parole board imposing a 939
prison term for a violation of supervision or a condition of 940
post-release control. 941

       (C) On and after the effective date of this section, a court 942
that wishes to prepare and issue a correction to a judgment of 943
conviction of a type described in division (A)(1) or (B)(1) of 944
this section shall not issue the correction until after the court 945
has conducted a hearing in accordance with this division. Before a 946
court holds a hearing pursuant to this division, the court shall 947
provide notice of the date, time, place, and purpose of the 948
hearing to the offender who is the subject of the hearing, the 949
prosecuting attorney of the county, and the department of 950
rehabilitation and correction. The offender has the right to be 951
physically present at the hearing, except that, upon the court's 952
own motion or the motion of the offender or the prosecuting 953
attorney, the court may permit the offender to appear at the 954
hearing by video conferencing equipment if available and 955
compatible. An appearance by video conferencing equipment pursuant 956
to this division has the same force and effect as if the offender 957
were physically present at the hearing. At the hearing, the 958
offender and the prosecuting attorney may make a statement as to 959
whether the court should issue a correction to the judgment of 960
conviction. 961

       Sec. 2967.28. (A) As used in this section: 962

       (1) "Monitored time" means the monitored time sanction 963
specified in section 2929.17 of the Revised Code. 964

       (2) "Deadly weapon" and "dangerous ordnance" have the same 965
meanings as in section 2923.11 of the Revised Code. 966

       (3) "Felony sex offense" means a violation of a section 967
contained in Chapter 2907. of the Revised Code that is a felony. 968

       (B) Each sentence to a prison term for a felony of the first 969
degree, for a felony of the second degree, for a felony sex 970
offense, or for a felony of the third degree that is not a felony 971
sex offense and in the commission of which the offender caused or 972
threatened to cause physical harm to a person shall include a 973
requirement that the offender be subject to a period of 974
post-release control imposed by the parole board after the 975
offender's release from imprisonment. If a court imposes a 976
sentence including a prison term of a type described in this 977
division on or after the effective date of this amendment, the 978
failure of a sentencing court to notify the offender pursuant to 979
division (B)(3)(c) of section 2929.19 of the Revised Code of this 980
requirement or to include in the judgment of conviction entered on 981
the journal a statement that the offender's sentence includes this 982
requirement does not negate, limit, or otherwise affect the 983
mandatory period of supervision that is required for the offender 984
under this division. Section 2929.191 of the Revised Code applies 985
if, prior to the effective date of this amendment, a court imposed 986
a sentence including a prison term of a type described in this 987
division and failed to notify the offender pursuant to division 988
(B)(3)(c) of section 2929.19 of the Revised Code regarding 989
post-release control or to include in the judgment of conviction 990
entered on the journal or in the sentence pursuant to division 991
(F)(1) of section 2929.14 of the Revised Code a statement 992
regarding post-release control. Unless reduced by the parole board 993
pursuant to division (D) of this section when authorized under 994
that division, a period of post-release control required by this 995
division for an offender shall be of one of the following periods: 996

       (1) For a felony of the first degree or for a felony sex 997
offense, five years; 998

       (2) For a felony of the second degree that is not a felony 999
sex offense, three years; 1000

       (3) For a felony of the third degree that is not a felony sex 1001
offense and in the commission of which the offender caused or 1002
threatened physical harm to a person, three years. 1003

       (C) Any sentence to a prison term for a felony of the third, 1004
fourth, or fifth degree that is not subject to division (B)(1) or 1005
(3) of this section shall include a requirement that the offender 1006
be subject to a period of post-release control of up to three 1007
years after the offender's release from imprisonment, if the 1008
parole board, in accordance with division (D) of this section, 1009
determines that a period of post-release control is necessary for 1010
that offender. Section 2929.191 of the Revised Code applies if, 1011
prior to the effective date of this amendment, a court imposed a 1012
sentence including a prison term of a type described in this 1013
division and failed to notify the offender pursuant to division 1014
(B)(3)(d) of section 2929.19 of the Revised Code regarding 1015
post-release control or to include in the judgment of conviction 1016
entered on the journal or in the sentence pursuant to division 1017
(F)(2) of section 2929.14 of the Revised Code a statement 1018
regarding post-release control. 1019

       (D)(1) Before the prisoner is released from imprisonment, the 1020
parole board shall impose upon a prisoner described in division 1021
(B) of this section, may impose upon a prisoner described in 1022
division (C) of this section, and shall impose upon a prisoner 1023
described in division (B)(2)(b) of section 5120.031 or in division 1024
(B)(1) of section 5120.032 of the Revised Code, one or more 1025
post-release control sanctions to apply during the prisoner's 1026
period of post-release control. Whenever the board imposes one or 1027
more post-release control sanctions upon a prisoner, the board, in 1028
addition to imposing the sanctions, also shall include as a 1029
condition of the post-release control that the individual or felon 1030
not leave the state without permission of the court or the 1031
individual's or felon's parole or probation officer and that the 1032
individual or felon abide by the law. The board may impose any 1033
other conditions of release under a post-release control sanction 1034
that the board considers appropriate, and the conditions of 1035
release may include any community residential sanction, community 1036
nonresidential sanction, or financial sanction that the sentencing 1037
court was authorized to impose pursuant to sections 2929.16, 1038
2929.17, and 2929.18 of the Revised Code. Prior to the release of 1039
a prisoner for whom it will impose one or more post-release 1040
control sanctions under this division, the parole board shall 1041
review the prisoner's criminal history, all juvenile court 1042
adjudications finding the prisoner, while a juvenile, to be a 1043
delinquent child, and the record of the prisoner's conduct while 1044
imprisoned. The parole board shall consider any recommendation 1045
regarding post-release control sanctions for the prisoner made by 1046
the office of victims' services. After considering those 1047
materials, the board shall determine, for a prisoner described in 1048
division (B) of this section, division (B)(2)(b) of section 1049
5120.031, or division (B)(1) of section 5120.032 of the Revised 1050
Code, which post-release control sanction or combination of 1051
post-release control sanctions is reasonable under the 1052
circumstances or, for a prisoner described in division (C) of this 1053
section, whether a post-release control sanction is necessary and, 1054
if so, which post-release control sanction or combination of 1055
post-release control sanctions is reasonable under the 1056
circumstances. In the case of a prisoner convicted of a felony of 1057
the fourth or fifth degree other than a felony sex offense, the 1058
board shall presume that monitored time is the appropriate 1059
post-release control sanction unless the board determines that a 1060
more restrictive sanction is warranted. A post-release control 1061
sanction imposed under this division takes effect upon the 1062
prisoner's release from imprisonment. 1063

        Regardless of whether the prisoner was sentenced to the 1064
prison term prior to, on, or after the effective date of this 1065
amendment, prior to the release of a prisoner for whom it will 1066
impose one or more post-release control sanctions under this 1067
division, the parole board shall notify the prisoner that, if the 1068
prisoner violates any sanction so imposed or any condition of 1069
post-release control described in division (B) of section 2967.131 1070
of the Revised Code that is imposed on the prisoner, the parole 1071
board may impose a prison term of up to one-half of the stated 1072
prison term originally imposed upon the prisoner. 1073

       (2) At any time after a prisoner is released from 1074
imprisonment and during the period of post-release control 1075
applicable to the releasee, the adult parole authority may review 1076
the releasee's behavior under the post-release control sanctions 1077
imposed upon the releasee under this section. The authority may 1078
determine, based upon the review and in accordance with the 1079
standards established under division (E) of this section, that a 1080
more restrictive or a less restrictive sanction is appropriate and 1081
may impose a different sanction. Unless the period of post-release 1082
control was imposed for an offense described in division (B)(1) of 1083
this section, the authority also may recommend that the parole 1084
board reduce the duration of the period of post-release control 1085
imposed by the court. If the authority recommends that the board 1086
reduce the duration of control for an offense described in 1087
division (B)(2), (B)(3), or (C) of this section, the board shall 1088
review the releasee's behavior and may reduce the duration of the 1089
period of control imposed by the court. In no case shall the board 1090
reduce the duration of the period of control imposed by the court 1091
for an offense described in division (B)(1) of this section, and 1092
in no case shall the board permit the releasee to leave the state 1093
without permission of the court or the releasee's parole or 1094
probation officer. 1095

       (E) The department of rehabilitation and correction, in 1096
accordance with Chapter 119. of the Revised Code, shall adopt 1097
rules that do all of the following: 1098

       (1) Establish standards for the imposition by the parole 1099
board of post-release control sanctions under this section that 1100
are consistent with the overriding purposes and sentencing 1101
principles set forth in section 2929.11 of the Revised Code and 1102
that are appropriate to the needs of releasees; 1103

       (2) Establish standards by which the parole board can 1104
determine which prisoners described in division (C) of this 1105
section should be placed under a period of post-release control; 1106

       (3) Establish standards to be used by the parole board in 1107
reducing the duration of the period of post-release control 1108
imposed by the court when authorized under division (D) of this 1109
section, in imposing a more restrictive post-release control 1110
sanction than monitored time upon a prisoner convicted of a felony 1111
of the fourth or fifth degree other than a felony sex offense, or 1112
in imposing a less restrictive control sanction upon a releasee 1113
based on the releasee's activities including, but not limited to, 1114
remaining free from criminal activity and from the abuse of 1115
alcohol or other drugs, successfully participating in approved 1116
rehabilitation programs, maintaining employment, and paying 1117
restitution to the victim or meeting the terms of other financial 1118
sanctions; 1119

       (4) Establish standards to be used by the adult parole 1120
authority in modifying a releasee's post-release control sanctions 1121
pursuant to division (D)(2) of this section; 1122

       (5) Establish standards to be used by the adult parole 1123
authority or parole board in imposing further sanctions under 1124
division (F) of this section on releasees who violate post-release 1125
control sanctions, including standards that do the following: 1126

       (a) Classify violations according to the degree of 1127
seriousness; 1128

       (b) Define the circumstances under which formal action by the 1129
parole board is warranted; 1130

       (c) Govern the use of evidence at violation hearings; 1131

       (d) Ensure procedural due process to an alleged violator; 1132

       (e) Prescribe nonresidential community control sanctions for 1133
most misdemeanor and technical violations; 1134

       (f) Provide procedures for the return of a releasee to 1135
imprisonment for violations of post-release control. 1136

       (F)(1) ~~If a post-release control sanction is imposed~~Whenever 1137
the parole board imposes one or more post-release control 1138
sanctions upon an offender under this section, the offender upon 1139
release from imprisonment shall be under the general jurisdiction 1140
of the adult parole authority and generally shall be supervised by 1141
the field services section through its staff of parole and field 1142
officers as described in section 5149.04 of the Revised Code, as 1143
if the offender had been placed on parole. If the offender upon 1144
release from imprisonment violates the post-release control 1145
sanction or any conditions described in division (A) of section 1146
2967.131 of the Revised Code that are imposed on the offender, the 1147
public or private person or entity that operates or administers 1148
the sanction or the program or activity that comprises the 1149
sanction shall report the violation directly to the adult parole 1150
authority or to the officer of the authority who supervises the 1151
offender. The authority's officers may treat the offender as if 1152
the offender were on parole and in violation of the parole, and 1153
otherwise shall comply with this section. 1154

       (2) If the adult parole authority determines that a releasee 1155
has violated a post-release control sanction or any conditions 1156
described in division (A) of section 2967.131 of the Revised Code 1157
imposed upon the releasee and that a more restrictive sanction is 1158
appropriate, the authority may impose a more restrictive sanction 1159
upon the releasee, in accordance with the standards established 1160
under division (E) of this section, or may report the violation to 1161
the parole board for a hearing pursuant to division (F)(3) of this 1162
section. The authority may not, pursuant to this division, 1163
increase the duration of the releasee's post-release control or 1164
impose as a post-release control sanction a residential sanction 1165
that includes a prison term, but the authority may impose on the 1166
releasee any other residential sanction, nonresidential sanction, 1167
or financial sanction that the sentencing court was authorized to 1168
impose pursuant to sections 2929.16, 2929.17, and 2929.18 of the 1169
Revised Code. 1170

       (3) The parole board may hold a hearing on any alleged 1171
violation by a releasee of a post-release control sanction or any 1172
conditions described in division (A) of section 2967.131 of the 1173
Revised Code that are imposed upon the releasee. If after the 1174
hearing the board finds that the releasee violated the sanction or 1175
condition, the board may increase the duration of the releasee's 1176
post-release control up to the maximum duration authorized by 1177
division (B) or (C) of this section or impose a more restrictive 1178
post-release control sanction. When appropriate, the board may 1179
impose as a post-release control sanction a residential sanction 1180
that includes a prison term. The board shall consider a prison 1181
term as a post-release control sanction imposed for a violation of 1182
post-release control when the violation involves a deadly weapon 1183
or dangerous ordnance, physical harm or attempted serious physical 1184
harm to a person, or sexual misconduct, or when the releasee 1185
committed repeated violations of post-release control sanctions. 1186
The period of a prison term that is imposed as a post-release 1187
control sanction under this division shall not exceed nine months, 1188
and the maximum cumulative prison term for all violations under 1189
this division shall not exceed one-half of the stated prison term 1190
originally imposed upon the offender as part of this sentence. The 1191
period of a prison term that is imposed as a post-release control 1192
sanction under this division shall not count as, or be credited 1193
toward, the remaining period of post-release control. 1194

       If an offender is imprisoned for a felony committed while 1195
under post-release control supervision and is again released on 1196
post-release control for a period of time determined by division 1197
(F)(4)(d) of this section, the maximum cumulative prison term for 1198
all violations under this division shall not exceed one-half of 1199
the total stated prison terms of the earlier felony, reduced by 1200
any prison term administratively imposed by the parole board, plus 1201
one-half of the total stated prison term of the new felony. 1202

       (4) Any period of post-release control shall commence upon an 1203
offender's actual release from prison. If an offender is serving 1204
an indefinite prison term or a life sentence in addition to a 1205
stated prison term, the offender shall serve the period of 1206
post-release control in the following manner: 1207

       (a) If a period of post-release control is imposed upon the 1208
offender and if the offender also is subject to a period of parole 1209
under a life sentence or an indefinite sentence, and if the period 1210
of post-release control ends prior to the period of parole, the 1211
offender shall be supervised on parole. The offender shall receive 1212
credit for post-release control supervision during the period of 1213
parole. The offender is not eligible for final release under 1214
section 2967.16 of the Revised Code until the post-release control 1215
period otherwise would have ended. 1216

       (b) If a period of post-release control is imposed upon the 1217
offender and if the offender also is subject to a period of parole 1218
under an indefinite sentence, and if the period of parole ends 1219
prior to the period of post-release control, the offender shall be 1220
supervised on post-release control. The requirements of parole 1221
supervision shall be satisfied during the post-release control 1222
period. 1223

       (c) If an offender is subject to more than one period of 1224
post-release control, the period of post-release control for all 1225
of the sentences shall be the period of post-release control that 1226
expires last, as determined by the parole board. Periods of 1227
post-release control shall be served concurrently and shall not be 1228
imposed consecutively to each other. 1229

       (d) The period of post-release control for a releasee who 1230
commits a felony while under post-release control for an earlier 1231
felony shall be the longer of the period of post-release control 1232
specified for the new felony under division (B) or (C) of this 1233
section or the time remaining under the period of post-release 1234
control imposed for the earlier felony as determined by the parole 1235
board. 1236

       Section 2. That existing sections 2921.38, 2929.14, 2929.19, 1237
and 2967.28 of the Revised Code are hereby repealed. 1238

       Section 3. (A) The General Assembly hereby declares that its 1239
purpose in amending sections 2929.14, 2929.19, and 2967.28 and 1240
enacting section 2929.191 of the Revised Code in Sections 1 and 2 1241
of this act is to reaffirm that, under the amended sections as 1242
they existed prior to the effective date of this act: (1) by 1243
operation of law and without need for any prior notification or 1244
warning, every convicted offender sentenced to a prison term for a 1245
felony of the first or second degree, for a felony sex offense, or 1246
for a felony of the third degree that is not a felony sex offense 1247
and in the commission of which the offender caused or threatened 1248
to cause physical harm to a person always is subject to a period 1249
of post-release control after the offender's release from 1250
imprisonment pursuant to and for the period of time described in 1251
division (B) of section 2967.28 of the Revised Code; (2) by 1252
operation of law, every convicted offender sentenced to a prison 1253
term for a felony of the third, fourth, or fifth degree that is 1254
not subject to the provision described in clause (1) of this 1255
sentence is subject to a period of post-release control after the 1256
offender's release from imprisonment pursuant to division (C) of 1257
section 2967.28 of the Revived Code if the parole board determines 1258
in accordance with specified criteria that post-release control is 1259
necessary; and (3) by operation of law and without need for any 1260
prior notification or warning, every convicted offender sentenced 1261
to a prison term and subjected to supervision under a period of 1262
post-release control after the offender's release from 1263
imprisonment always is subject to having the Parole Board impose 1264
in accordance with section 2967.28 of the Revised Code a prison 1265
term of up to one-half of the stated prison term originally 1266
imposed upon the offender if the offender violates that 1267
supervision or a condition of post-release control imposed under 1268
division (B) of section 2967.131 of the Revised Code. 1269

       (B) The General Assembly hereby declares that it believes 1270
that the amendments made to sections 2929.14, 2929.19, and 2967.28 1271
and the enactment of section 2929.191 of the Revised Code in 1272
Sections 1 and 2 of this act are not substantive in nature and 1273
merely clarify that the amended sections operate as described in 1274
division (A) of this Section, that the convicted offenders 1275
described in clause (1) under division (A) of this Section always 1276
are subject by operation of law and without need for any prior 1277
notification or warning to a period of post-release control after 1278
their release from imprisonment as described in that division, 1279
that the convicted offenders described in clause (2) under 1280
division (A) of this Section are subject by operation of law to 1281
post-release control after their release from imprisonment if the 1282
Parole Board makes certain determinations, that the convicted 1283
offenders described in clause (3) under division (A) of this 1284
Section always are subject by operation of law to having the 1285
Parole Board impose a prison term if they violate their 1286
supervision or a condition of post-release control as described in 1287
that division, and that the amendments made to sections 2929.14, 1288
2929.19, and 2967.28 and the enactment of section 2929.191 of the 1289
Revised Code in Sections 1 and 2 of this act thus are remedial in 1290
nature. The General Assembly declares that it intends that the 1291
clarifying, remedial amendments made to sections 2929.14, 2929.19, 1292
and 2967.28 and the enactment of section 2929.191 of the Revised 1293
Code in Sections 1 and 2 of this act apply to all convicted 1294
offenders described in division (A) of this Section, regardless of 1295
whether they were sentenced prior to, or are sentenced on or 1296
after, the effective date of this act. 1297

       Section 4. Section 2921.38 of the Revised Code, as amended by 1298
this act, shall take effect ninety days after the effective date 1299
of this act. 1300

       Section 5. This act is hereby declared to be an emergency 1301
measure necessary for the immediate preservation of the public 1302
peace, health, and safety. The reason for such necessity is that 1303
the amendments made in this act are crucially needed to clarify 1304
the law to protect the residents of this state from the 1305
consequences that might result if the state is forced to release 1306
without supervision offenders who have been convicted of serious 1307
offenses and imprisoned, solely because the offenders were not 1308
provided notice of the fact that the law always requires their 1309
supervision upon release from prison. Therefore, this act shall go 1310
into immediate effect. 1311

Section 1. That sections 2921.38, 2929.14, 2929.19, and	38
2967.28 be amended and section 2929.191 of the Revised Code be	39
enacted to read as follows:	40

Sec. 2921.38. (A) No person who is confined in a detention	41
facility, with intent to harass, annoy, threaten, or alarm another	42
person, shall cause or attempt to cause the other person to come	43
into contact with blood, semen, urine, feces, or another bodily	44
substance by throwing the bodily substance at the other person, by	45
expelling the bodily substance upon the other person, or in any	46
other manner.	47

(B) No person, with intent to harass, annoy, threaten, or	48
alarm a law enforcement officer, shall cause or attempt to cause	49
the law enforcement officer to come into contact with blood,	50
semen, urine, feces, or another bodily substance by throwing the	51
bodily substance at the law enforcement officer, by expelling the	52
bodily substance upon the law enforcement officer, or in any other	53
manner.	54

(C) No person ~~who is confined in a detention facility~~, with	55
knowledge that the person is a carrier of the virus that causes	56
acquired immunodeficiency syndrome, is a carrier of a hepatitis	57
virus, or is infected with tuberculosis and with intent to harass,	58
annoy, threaten, or alarm another person, shall cause or attempt	59
to cause the other person to come into contact with blood, semen,	60
urine, feces, or another bodily substance by throwing the bodily	61
substance at the other person, by expelling the bodily substance	62
upon the other person, or in any other manner.	63

~~(C)~~(D) Whoever violates this section is guilty of harassment	64
~~by an inmate~~with a bodily substance. A violation of division (A)	65
or (B) of this section is a felony of the fifth degree. A	66
violation of division ~~(B)~~(C) of this section is a felony of the	67
third degree.	68

~~(D)~~(E)(1) The court, on request of the prosecutor, or the law	69
enforcement authority responsible for the investigation of the	70
violation, shall cause a person who allegedly has committed a	71
violation of this section to submit to one or more appropriate	72
tests to determine if the person is a carrier of the virus that	73
causes acquired immunodeficiency syndrome, is a carrier of a	74
hepatitis virus, or is infected with tuberculosis.	75

(2) The court shall charge the offender with the costs of the	76
test or tests ordered under division ~~(D)~~(E)(1) of this section	77
unless the court determines that the accused is unable to pay, in	78
which case the costs shall be charged to whichever of the	79
following is applicable:	80

(a) If the alleged offense occurred in a detention facility,	81
the entity that operates the detention facility in which the	82
alleged offense occurred;	83

(b) If the alleged offense occurred outside of a detention	84
facility, the law enforcement authority responsible for the	85
investigation of the violation.	86

~~(E)~~(F) This section does not apply to a person who is	87
hospitalized, institutionalized, or confined in a facility	88
operated by the department of mental health or the department of	89
mental retardation and developmental disabilities.	90

Sec. 2929.14. (A) Except as provided in division (C),	91
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), or (G) of this	92
section and except in relation to an offense for which a sentence	93
of death or life imprisonment is to be imposed, if the court	94
imposing a sentence upon an offender for a felony elects or is	95
required to impose a prison term on the offender pursuant to this	96
chapter, the court shall impose a definite prison term that shall	97
be one of the following:	98

(1) For a felony of the first degree, the prison term shall	99
be three, four, five, six, seven, eight, nine, or ten years.	100

(2) For a felony of the second degree, the prison term shall	101
be two, three, four, five, six, seven, or eight years.	102

(3) For a felony of the third degree, the prison term shall	103
be one, two, three, four, or five years.	104

(4) For a felony of the fourth degree, the prison term shall	105
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	106
fourteen, fifteen, sixteen, seventeen, or eighteen months.	107

(5) For a felony of the fifth degree, the prison term shall	108
be six, seven, eight, nine, ten, eleven, or twelve months.	109

(B) Except as provided in division (C), (D)(1), (D)(2),	110
(D)(3), (D)(5), (D)(6), or (G) of this section, in section 2907.02	111
of the Revised Code, or in Chapter 2925. of the Revised Code, if	112
the court imposing a sentence upon an offender for a felony elects	113
or is required to impose a prison term on the offender, the court	114
shall impose the shortest prison term authorized for the offense	115
pursuant to division (A) of this section, unless one or more of	116
the following applies:	117

(1) The offender was serving a prison term at the time of the	118
offense, or the offender previously had served a prison term.	119

(2) The court finds on the record that the shortest prison	120
term will demean the seriousness of the offender's conduct or will	121
not adequately protect the public from future crime by the	122
offender or others.	123

(C) Except as provided in division (G) of this section or in	124
Chapter 2925. of the Revised Code, the court imposing a sentence	125
upon an offender for a felony may impose the longest prison term	126
authorized for the offense pursuant to division (A) of this	127
section only upon offenders who committed the worst forms of the	128
offense, upon offenders who pose the greatest likelihood of	129
committing future crimes, upon certain major drug offenders under	130
division (D)(3) of this section, and upon certain repeat violent	131
offenders in accordance with division (D)(2) of this section.	132

(D)(1)(a) Except as provided in division (D)(1)(e) of this	133
section, if an offender who is convicted of or pleads guilty to a	134
felony also is convicted of or pleads guilty to a specification of	135
the type described in section 2941.141, 2941.144, or 2941.145 of	136
the Revised Code, the court shall impose on the offender one of	137
the following prison terms:	138

(i) A prison term of six years if the specification is of the	139
type described in section 2941.144 of the Revised Code that	140
charges the offender with having a firearm that is an automatic	141
firearm or that was equipped with a firearm muffler or silencer on	142
or about the offender's person or under the offender's control	143
while committing the felony;	144

(ii) A prison term of three years if the specification is of	145
the type described in section 2941.145 of the Revised Code that	146
charges the offender with having a firearm on or about the	147
offender's person or under the offender's control while committing	148
the offense and displaying the firearm, brandishing the firearm,	149
indicating that the offender possessed the firearm, or using it to	150
facilitate the offense;	151

(iii) A prison term of one year if the specification is of	152
the type described in section 2941.141 of the Revised Code that	153
charges the offender with having a firearm on or about the	154
offender's person or under the offender's control while committing	155
the felony.	156

(b) If a court imposes a prison term on an offender under	157
division (D)(1)(a) of this section, the prison term shall not be	158
reduced pursuant to section 2929.20, section 2967.193, or any	159
other provision of Chapter 2967. or Chapter 5120. of the Revised	160
Code. A court shall not impose more than one prison term on an	161
offender under division (D)(1)(a) of this section for felonies	162
committed as part of the same act or transaction.	163

(c) Except as provided in division (D)(1)(e) of this section,	164
if an offender who is convicted of or pleads guilty to a violation	165
of section 2923.161 of the Revised Code or to a felony that	166
includes, as an essential element, purposely or knowingly causing	167
or attempting to cause the death of or physical harm to another,	168
also is convicted of or pleads guilty to a specification of the	169
type described in section 2941.146 of the Revised Code that	170
charges the offender with committing the offense by discharging a	171
firearm from a motor vehicle other than a manufactured home, the	172
court, after imposing a prison term on the offender for the	173
violation of section 2923.161 of the Revised Code or for the other	174
felony offense under division (A), (D)(2), or (D)(3) of this	175
section, shall impose an additional prison term of five years upon	176
the offender that shall not be reduced pursuant to section	177
2929.20, section 2967.193, or any other provision of Chapter 2967.	178
or Chapter 5120. of the Revised Code. A court shall not impose	179
more than one additional prison term on an offender under division	180
(D)(1)(c) of this section for felonies committed as part of the	181
same act or transaction. If a court imposes an additional prison	182
term on an offender under division (D)(1)(c) of this section	183
relative to an offense, the court also shall impose a prison term	184
under division (D)(1)(a) of this section relative to the same	185
offense, provided the criteria specified in that division for	186
imposing an additional prison term are satisfied relative to the	187
offender and the offense.	188

(d) If an offender who is convicted of or pleads guilty to	189
an offense of violence that is a felony also is convicted of or	190
pleads guilty to a specification of the type described in section	191
2941.1411 of the Revised Code that charges the offender with	192
wearing or carrying body armor while committing the felony offense	193
of violence, the court shall impose on the offender a prison term	194
of two years. The prison term so imposed shall not be reduced	195
pursuant to section 2929.20, section 2967.193, or any other	196
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	197
court shall not impose more than one prison term on an offender	198
under division (D)(1)(d) of this section for felonies committed as	199
part of the same act or transaction. If a court imposes an	200
additional prison term under division (D)(1)(a) or (c) of this	201
section, the court is not precluded from imposing an additional	202
prison term under division (D)(1)(d) of this section.	203

(e) The court shall not impose any of the prison terms	204
described in division (D)(1)(a) of this section or any of the	205
additional prison terms described in division (D)(1)(c) of this	206
section upon an offender for a violation of section 2923.12 or	207
2923.123 of the Revised Code. The court shall not impose any of	208
the prison terms described in division (D)(1)(a) of this section	209
or any of the additional prison terms described in division	210
(D)(1)(c) of this section upon an offender for a violation of	211
section 2923.13 of the Revised Code unless all of the following	212
apply:	213

(i) The offender previously has been convicted of aggravated	214
murder, murder, or any felony of the first or second degree.	215

(ii) Less than five years have passed since the offender was	216
released from prison or post-release control, whichever is later,	217
for the prior offense.	218