As Introduced

126th General Assembly Regular Session 2005-2006

H. B. No. 95

Representatives Seitz, McGregor, C. Evans, Allen, Widener, Wolpert, Combs, Latta, T. Patton, Schaffer, Raussen, Wagoner, Faber, Webster, Hoops, Taylor, Gilb, Raga, Brinkman, Hagan, Reidelbach, White, Willamowski, Harwood, Uecker, G. Smith, Gibbs, Schneider, Hartnett, Carmichael, Buehrer, Seaver, Hughes, Collier, Trakas, Flowers, Oelslager 

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A BILL

To amend sections 2929.01, 2929.13, 2929.14,

1

2941.149, and 2953.08 of the Revised Code relative

2

to the sentences imposed on repeat violent

3

offenders and the appeal of repeat violent

4

offender sentences.

5

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

Section 1. That sections 2929.01, 2929.13, 2929.14, 2941.149,	6
and 2953.08 of the Revised Code be amended to read as follows:	7

Sec. 2929.01.  As used in this chapter:

8

(A)(1) "Alternative residential facility" means, subject to	9
division (A)(2) of this section, any facility other than an	10
offender's home or residence in which an offender is assigned to	11
live and that satisfies all of the following criteria:	12

(a) It provides programs through which the offender may seek	13
or maintain employment or may receive education, training,	14
treatment, or habilitation.	15

(b) It has received the appropriate license or certificate	16
for any specialized education, training, treatment, habilitation,	17
or other service that it provides from the government agency that	18
is responsible for licensing or certifying that type of education,	19
training, treatment, habilitation, or service.	20

(2) "Alternative residential facility" does not include a	21
community-based correctional facility, jail, halfway house, or	22
prison.	23

(B) "Bad time" means the time by which the parole board	24
administratively extends an offender's stated prison term or terms	25
pursuant to section 2967.11 of the Revised Code because the parole	26
board finds by clear and convincing evidence that the offender,	27
while serving the prison term or terms, committed an act that is a	28
criminal offense under the law of this state or the United States,	29
whether or not the offender is prosecuted for the commission of	30
that act.	31

(C) "Basic probation supervision" means a requirement that	32
the offender maintain contact with a person appointed to supervise	33
the offender in accordance with sanctions imposed by the court or	34
imposed by the parole board pursuant to section 2967.28 of the	35
Revised Code. "Basic probation supervision" includes basic parole	36
supervision and basic post-release control supervision.	37

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	38
"unit dose" have the same meanings as in section 2925.01 of the	39
Revised Code.	40

(E) "Community-based correctional facility" means a	41
community-based correctional facility and program or district	42
community-based correctional facility and program developed	43
pursuant to sections 2301.51 to 2301.56 of the Revised Code.	44

(F) "Community control sanction" means a sanction that is not	45
a prison term and that is described in section 2929.15, 2929.16,	46
2929.17, or 2929.18 of the Revised Code or a sanction that is not	47
a jail term and that is described in section 2929.26, 2929.27, or	48
2929.28 of the Revised Code. "Community control sanction" includes	49
probation if the sentence involved was imposed for a felony that	50
was committed prior to July 1, 1996, or if the sentence involved	51
was imposed for a misdemeanor that was committed prior to January	52
1, 2004.	53

(G) "Controlled substance," "marihuana," "schedule I," and	54
"schedule II" have the same meanings as in section 3719.01 of the	55
Revised Code.	56

(H) "Curfew" means a requirement that an offender during a	57
specified period of time be at a designated place.	58

(I) "Day reporting" means a sanction pursuant to which an	59
offender is required each day to report to and leave a center or	60
other approved reporting location at specified times in order to	61
participate in work, education or training, treatment, and other	62
approved programs at the center or outside the center.	63

(J) "Deadly weapon" has the same meaning as in section	64
2923.11 of the Revised Code.	65

(K) "Drug and alcohol use monitoring" means a program under	66
which an offender agrees to submit to random chemical analysis of	67
the offender's blood, breath, or urine to determine whether the	68
offender has ingested any alcohol or other drugs.	69

(L) "Drug treatment program" means any program under which a	70
person undergoes assessment and treatment designed to reduce or	71
completely eliminate the person's physical or emotional reliance	72
upon alcohol, another drug, or alcohol and another drug and under	73
which the person may be required to receive assessment and	74
treatment on an outpatient basis or may be required to reside at a	75
facility other than the person's home or residence while	76
undergoing assessment and treatment.	77

(M) "Economic loss" means any economic detriment suffered by	78
a victim as a direct and proximate result of the commission of an	79
offense and includes any loss of income due to lost time at work	80
because of any injury caused to the victim, and any property loss,	81
medical cost, or funeral expense incurred as a result of the	82
commission of the offense. "Economic loss" does not include	83
non-economic loss or any punitive or exemplary damages.	84

(N) "Education or training" includes study at, or in	85
conjunction with a program offered by, a university, college, or	86
technical college or vocational study and also includes the	87
completion of primary school, secondary school, and literacy	88
curricula or their equivalent.	89

(O) "Firearm" has the same meaning as in section 2923.11 of	90
the Revised Code.	91

(P) "Halfway house" means a facility licensed by the division	92
of parole and community services of the department of	93
rehabilitation and correction pursuant to section 2967.14 of the	94
Revised Code as a suitable facility for the care and treatment of	95
adult offenders.	96

(Q) "House arrest" means a period of confinement of an	97
offender that is in the offender's home or in other premises	98
specified by the sentencing court or by the parole board pursuant	99
to section 2967.28 of the Revised Code and during which all of the	100
following apply:	101

(1) The offender is required to remain in the offender's home	102
or other specified premises for the specified period of	103
confinement, except for periods of time during which the offender	104
is at the offender's place of employment or at other premises as	105
authorized by the sentencing court or by the parole board.	106

(2) The offender is required to report periodically to a	107
person designated by the court or parole board.	108

(3) The offender is subject to any other restrictions and	109
requirements that may be imposed by the sentencing court or by the	110
parole board.	111

(R) "Intensive probation supervision" means a requirement	112
that an offender maintain frequent contact with a person appointed	113
by the court, or by the parole board pursuant to section 2967.28	114
of the Revised Code, to supervise the offender while the offender	115
is seeking or maintaining necessary employment and participating	116
in training, education, and treatment programs as required in the	117
court's or parole board's order. "Intensive probation supervision"	118
includes intensive parole supervision and intensive post-release	119
control supervision.	120

(S) "Jail" means a jail, workhouse, minimum security jail, or	121
other residential facility used for the confinement of alleged or	122
convicted offenders that is operated by a political subdivision or	123
a combination of political subdivisions of this state.	124

(T) "Jail term" means the term in a jail that a sentencing	125
court imposes or is authorized to impose pursuant to section	126
2929.24 or 2929.25 of the Revised Code or pursuant to any other	127
provision of the Revised Code that authorizes a term in a jail for	128
a misdemeanor conviction.	129

(U) "Mandatory jail term" means the term in a jail that a	130
sentencing court is required to impose pursuant to division (G) of	131
section 1547.99 of the Revised Code, division (E) of section	132
2903.06 or division (D) of section 2903.08 of the Revised Code,	133
division (E) of section 2929.24 of the Revised Code, division (B)	134
of section 4510.14 of the Revised Code, or division (G) of section	135
4511.19 of the Revised Code or pursuant to any other provision of	136
the Revised Code that requires a term in a jail for a misdemeanor	137
conviction.	138

(V) "Delinquent child" has the same meaning as in section	139
2152.02 of the Revised Code.	140

(W) "License violation report" means a report that is made by	141
a sentencing court, or by the parole board pursuant to section	142
2967.28 of the Revised Code, to the regulatory or licensing board	143
or agency that issued an offender a professional license or a	144
license or permit to do business in this state and that specifies	145
that the offender has been convicted of or pleaded guilty to an	146
offense that may violate the conditions under which the offender's	147
professional license or license or permit to do business in this	148
state was granted or an offense for which the offender's	149
professional license or license or permit to do business in this	150
state may be revoked or suspended.	151

(X) "Major drug offender" means an offender who is convicted	152
of or pleads guilty to the possession of, sale of, or offer to	153
sell any drug, compound, mixture, preparation, or substance that	154
consists of or contains at least one thousand grams of hashish; at	155
least one hundred grams of crack cocaine; at least one thousand	156
grams of cocaine that is not crack cocaine; at least two thousand	157
five hundred unit doses or two hundred fifty grams of heroin; at	158
least five thousand unit doses of L.S.D. or five hundred grams of	159
L.S.D. in a liquid concentrate, liquid extract, or liquid	160
distillate form; or at least one hundred times the amount of any	161
other schedule I or II controlled substance other than marihuana	162
that is necessary to commit a felony of the third degree pursuant	163
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	164
Code that is based on the possession of, sale of, or offer to sell	165
the controlled substance.	166

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

167

(1) Subject to division (Y)(2) of this section, the term in	168
prison that must be imposed for the offenses or circumstances set	169
forth in divisions (F)(1) to (8) or (F)(12) to (14) of section	170
2929.13 and division (D) of section 2929.14 of the Revised Code.	171
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	172
and 2925.11 of the Revised Code, unless the maximum or another	173
specific term is required under section 2929.14 of the Revised	174
Code, a mandatory prison term described in this division may be	175
any prison term authorized for the level of offense.	176

(2) The term of sixty or one hundred twenty days in prison	177
that a sentencing court is required to impose for a third or	178
fourth degree felony OVI offense pursuant to division (G)(2) of	179
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	180
of the Revised Code or the term of one, two, three, four, or five	181
years in prison that a sentencing court is required to impose	182
pursuant to division (G)(2) of section 2929.13 of the Revised	183
Code.	184

(3) The term in prison imposed pursuant to section 2971.03 of	185
the Revised Code for the offenses and in the circumstances	186
described in division (F)(11) of section 2929.13 of the Revised	187
Code and that term as modified or terminated pursuant to section	188
2971.05 of the Revised Code.	189

(Z) "Monitored time" means a period of time during which an	190
offender continues to be under the control of the sentencing court	191
or parole board, subject to no conditions other than leading a	192
law-abiding life.	193

(AA) "Offender" means a person who, in this state, is	194
convicted of or pleads guilty to a felony or a misdemeanor.	195

(BB) "Prison" means a residential facility used for the	196
confinement of convicted felony offenders that is under the	197
control of the department of rehabilitation and correction but	198
does not include a violation sanction center operated under	199
authority of section 2967.141 of the Revised Code.	200

(CC) "Prison term" includes any of the following sanctions	201
for an offender:	202

(1) A stated prison term;

203

(2) A term in a prison shortened by, or with the approval of,	204
the sentencing court pursuant to section 2929.20, 2967.26,	205
5120.031, 5120.032, or 5120.073 of the Revised Code;	206

(3) A term in prison extended by bad time imposed pursuant to	207
section 2967.11 of the Revised Code or imposed for a violation of	208
post-release control pursuant to section 2967.28 of the Revised	209
Code.	210

(DD) "Repeat violent offender" means a person about whom both	211
of the following apply:	212

(1) The person has been convicted of or has pleaded guilty	213
to, and is being sentenced for committing,or for complicity in	214
committing, or for an attempt to commit, aggravatedany of the	215
following:	216

(a) Aggravated murder, murder, involuntary manslaughter, a	217
any felony of the first or second degree other than one set forth	218
in Chapter 2925. of the Revised Code, a felony of the first degree	219
set forth in Chapter 2925. of the Revised Code that involved an	220
attempt to cause serious physical harm to a person or that	221
resulted in serious physical harm to a person, or a felony of the	222
second degree that involved an attempt to cause serious physical	223
harm to a person or that resulted in serious physical harm to a	224
personthat is an offense of violence, or an attempt to commit any	225
of these offenses if the attempt is a felony of the first or	226
second degree;	227

(b) An offense under an existing or former law of this state,	228
another state, or the United States that is or was substantially	229
equivalent to an offense described in division (DD)(1)(a) of this	230
section.	231

(2) Either of the following applies:

232

(a) The person previously was convicted of or pleaded guilty	233
to, and previously served or, at the time of the offense was	234
serving, a prison term for, any of the following:	235

(i) Aggravated murder, murder, involuntary manslaughter,	236
rape, felonious sexual penetration as it existed under section	237
2907.12 of the Revised Code prior to September 3, 1996, a felony	238
of the first or second degree that resulted in the death of a	239
person or in physical harm to a person, or complicity in or an	240
attempt to commit any of those offenses;	241

(ii) An offense under an existing or former law of this	242
state, another state, or the United States that is or was	243
substantially equivalent to an offense listed under division	244
(DD)(2)(a)(i) of this section and that resulted in the death of a	245
person or in physical harm to a person.	246

(b) The person previously was adjudicated a delinquent child	247
for committing an act that if committed by an adult would have	248
been an offense listed in division (DD)(2)(a)(i) or (ii) of this	249
section, the person was committed to the department of youth	250
services for that delinquent actan offense described in division	251
(DD)(1)(a) or (b) of this section.	252

(EE) "Sanction" means any penalty imposed upon an offender	253
who is convicted of or pleads guilty to an offense, as punishment	254
for the offense. "Sanction" includes any sanction imposed pursuant	255
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	256
2929.28 of the Revised Code.	257

(FF) "Sentence" means the sanction or combination of	258
sanctions imposed by the sentencing court on an offender who is	259
convicted of or pleads guilty to an offense.	260

(GG) "Stated prison term" means the prison term, mandatory	261
prison term, or combination of all prison terms and mandatory	262
prison terms imposed by the sentencing court pursuant to section	263
2929.14 or 2971.03 of the Revised Code. "Stated prison term"	264
includes any credit received by the offender for time spent in	265
jail awaiting trial, sentencing, or transfer to prison for the	266
offense and any time spent under house arrest or house arrest with	267
electronic monitoring imposed after earning credits pursuant to	268
section 2967.193 of the Revised Code.	269

(HH) "Victim-offender mediation" means a reconciliation or	270
mediation program that involves an offender and the victim of the	271
offense committed by the offender and that includes a meeting in	272
which the offender and the victim may discuss the offense, discuss	273
restitution, and consider other sanctions for the offense.	274

(II) "Fourth degree felony OVI offense" means a violation of	275
division (A) of section 4511.19 of the Revised Code that, under	276
division (G) of that section, is a felony of the fourth degree.	277

(JJ) "Mandatory term of local incarceration" means the term	278
of sixty or one hundred twenty days in a jail, a community-based	279
correctional facility, a halfway house, or an alternative	280
residential facility that a sentencing court may impose upon a	281
person who is convicted of or pleads guilty to a fourth degree	282
felony OVI offense pursuant to division (G)(1) of section 2929.13	283
of the Revised Code and division (G)(1)(d) or (e) of section	284
4511.19 of the Revised Code.	285

(KK) "Designated homicide, assault, or kidnapping offense,"	286
"sexual motivation specification," "sexually violent offense,"	287
"sexually violent predator," and "sexually violent predator	288
specification" have the same meanings as in section 2971.01 of the	289
Revised Code.	290

(LL) "Habitual sex offender," "sexually oriented offense,"	291
"sexual predator," "registration-exempt sexually oriented	292
offense," "child-victim oriented offense," "habitual child-victim	293
offender," and "child-victim predator" have the same meanings as	294
in section 2950.01 of the Revised Code.	295

(MM) An offense is "committed in the vicinity of a child" if	296
the offender commits the offense within thirty feet of or within	297
the same residential unit as a child who is under eighteen years	298
of age, regardless of whether the offender knows the age of the	299
child or whether the offender knows the offense is being committed	300
within thirty feet of or within the same residential unit as the	301
child and regardless of whether the child actually views the	302
commission of the offense.	303

(NN) "Family or household member" has the same meaning as in	304
section 2919.25 of the Revised Code.	305

(OO) "Motor vehicle" and "manufactured home" have the same	306
meanings as in section 4501.01 of the Revised Code.	307

(PP) "Detention" and "detention facility" have the same	308
meanings as in section 2921.01 of the Revised Code.	309

(QQ) "Third degree felony OVI offense" means a violation of	310
division (A) of section 4511.19 of the Revised Code that, under	311
division (G) of that section, is a felony of the third degree.	312

(RR) "Random drug testing" has the same meaning as in section	313
5120.63 of the Revised Code.	314

(SS) "Felony sex offense" has the same meaning as in section	315
2967.28 of the Revised Code.	316

(TT) "Body armor" has the same meaning as in section	317
2941.1411 of the Revised Code.	318

(UU) "Electronic monitoring" means monitoring through the use	319
of an electronic monitoring device.	320

(VV) "Electronic monitoring device" means any of the	321
following:	322

(1) Any device that can be operated by electrical or battery	323
power and that conforms with all of the following:	324

(a) The device has a transmitter that can be attached to a	325
person, that will transmit a specified signal to a receiver of the	326
type described in division (VV)(1)(b) of this section if the	327
transmitter is removed from the person, turned off, or altered in	328
any manner without prior court approval in relation to electronic	329
monitoring or without prior approval of the department of	330
rehabilitation and correction in relation to the use of an	331
electronic monitoring device for an inmate on transitional control	332
or otherwise is tampered with, that can transmit continuously and	333
periodically a signal to that receiver when the person is within a	334
specified distance from the receiver, and that can transmit an	335
appropriate signal to that receiver if the person to whom it is	336
attached travels a specified distance from that receiver.	337

(b) The device has a receiver that can receive continuously	338
the signals transmitted by a transmitter of the type described in	339
division (VV)(1)(a) of this section, can transmit continuously	340
those signals by telephone to a central monitoring computer of the	341
type described in division (VV)(1)(c) of this section, and can	342
transmit continuously an appropriate signal to that central	343
monitoring computer if the receiver is turned off or altered	344
without prior court approval or otherwise tampered with.	345

(c) The device has a central monitoring computer that can	346
receive continuously the signals transmitted by telephone by a	347
receiver of the type described in division (VV)(1)(b) of this	348
section and can monitor continuously the person to whom an	349
electronic monitoring device of the type described in division	350
(VV)(1)(a) of this section is attached.	351

(2) Any device that is not a device of the type described in	352
division (VV)(1) of this section and that conforms with all of the	353
following:	354

(a) The device includes a transmitter and receiver that can	355
monitor and determine the location of a subject person at any	356
time, or at a designated point in time, through the use of a	357
central monitoring computer or through other electronic means.	358

(b) The device includes a transmitter and receiver that can	359
determine at any time, or at a designated point in time, through	360
the use of a central monitoring computer or other electronic means	361
the fact that the transmitter is turned off or altered in any	362
manner without prior approval of the court in relation to the	363
electronic monitoring or without prior approval of the department	364
of rehabilitation and correction in relation to the use of an	365
electronic monitoring device for an inmate on transitional control	366
or otherwise is tampered with.	367

(3) Any type of technology that can adequately track or	368
determine the location of a subject person at any time and that is	369
approved by the director of rehabilitation and correction,	370
including, but not limited to, any satellite technology, voice	371
tracking system, or retinal scanning system that is so approved.	372

(WW) "Non-economic loss" means nonpecuniary harm suffered by	373
a victim of an offense as a result of or related to the commission	374
of the offense, including, but not limited to, pain and suffering;	375
loss of society, consortium, companionship, care, assistance,	376
attention, protection, advice, guidance, counsel, instruction,	377
training, or education; mental anguish; and any other intangible	378
loss.	379

(XX) "Prosecutor" has the same meaning as in section 2935.01	380
of the Revised Code.	381

(WW)(YY) "Continuous alcohol monitoring" means the ability to	382
automatically test and periodically transmit alcohol consumption	383
levels and tamper attempts at least every hour, regardless of the	384
location of the person who is being monitored.	385

Sec. 2929.13.  (A) Except as provided in division (E), (F),	386
or (G) of this section and unless a specific sanction is required	387
to be imposed or is precluded from being imposed pursuant to law,	388
a court that imposes a sentence upon an offender for a felony may	389
impose any sanction or combination of sanctions on the offender	390
that are provided in sections 2929.14 to 2929.18 of the Revised	391
Code. The sentence shall not impose an unnecessary burden on state	392
or local government resources.	393

If the offender is eligible to be sentenced to community	394
control sanctions, the court shall consider the appropriateness of	395
imposing a financial sanction pursuant to section 2929.18 of the	396
Revised Code or a sanction of community service pursuant to	397
section 2929.17 of the Revised Code as the sole sanction for the	398
offense. Except as otherwise provided in this division, if the	399
court is required to impose a mandatory prison term for the	400
offense for which sentence is being imposed, the court also may	401
impose a financial sanction pursuant to section 2929.18 of the	402
Revised Code but may not impose any additional sanction or	403
combination of sanctions under section 2929.16 or 2929.17 of the	404
Revised Code.	405

If the offender is being sentenced for a fourth degree felony	406
OVI offense or for a third degree felony OVI offense, in addition	407
to the mandatory term of local incarceration or the mandatory	408
prison term required for the offense by division (G)(1) or (2) of	409
this section, the court shall impose upon the offender a mandatory	410
fine in accordance with division (B)(3) of section 2929.18 of the	411
Revised Code and may impose whichever of the following is	412
applicable:	413

(1) For a fourth degree felony OVI offense for which sentence	414
is imposed under division (G)(1) of this section, an additional	415
community control sanction or combination of community control	416
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	417
the court imposes upon the offender a community control sanction	418
and the offender violates any condition of the community control	419
sanction, the court may take any action prescribed in division (B)	420
of section 2929.15 of the Revised Code relative to the offender,	421
including imposing a prison term on the offender pursuant to that	422
division.	423

(2) For a third or fourth degree felony OVI offense for which	424
sentence is imposed under division (G)(2) of this section, an	425
additional prison term as described in division (D)(4) of section	426
2929.14 of the Revised Code or a community control sanction as	427
described in division (G)(2) of this section.	428

(B)(1) Except as provided in division (B)(2), (E), (F), or	429
(G) of this section, in sentencing an offender for a felony of the	430
fourth or fifth degree, the sentencing court shall determine	431
whether any of the following apply:	432

(a) In committing the offense, the offender caused physical	433
harm to a person.	434

(b) In committing the offense, the offender attempted to	435
cause or made an actual threat of physical harm to a person with a	436
deadly weapon.	437

(c) In committing the offense, the offender attempted to	438
cause or made an actual threat of physical harm to a person, and	439
the offender previously was convicted of an offense that caused	440
physical harm to a person.	441

(d) The offender held a public office or position of trust	442
and the offense related to that office or position; the offender's	443
position obliged the offender to prevent the offense or to bring	444
those committing it to justice; or the offender's professional	445
reputation or position facilitated the offense or was likely to	446
influence the future conduct of others.	447

(e) The offender committed the offense for hire or as part of	448
an organized criminal activity.	449

(f) The offense is a sex offense that is a fourth or fifth	450
degree felony violation of section 2907.03, 2907.04, 2907.05,	451
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	452
Revised Code.	453

(g) The offender at the time of the offense was serving, or	454
the offender previously had served, a prison term.	455

(h) The offender committed the offense while under a	456
community control sanction, while on probation, or while released	457
from custody on a bond or personal recognizance.	458

(i) The offender committed the offense while in possession of	459
a firearm.	460

(2)(a) If the court makes a finding described in division	461
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	462
section and if the court, after considering the factors set forth	463
in section 2929.12 of the Revised Code, finds that a prison term	464
is consistent with the purposes and principles of sentencing set	465
forth in section 2929.11 of the Revised Code and finds that the	466
offender is not amenable to an available community control	467
sanction, the court shall impose a prison term upon the offender.	468

(b) Except as provided in division (E), (F), or (G) of this	469
section, if the court does not make a finding described in	470
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	471
this section and if the court, after considering the factors set	472
forth in section 2929.12 of the Revised Code, finds that a	473
community control sanction or combination of community control	474
sanctions is consistent with the purposes and principles of	475
sentencing set forth in section 2929.11 of the Revised Code, the	476
court shall impose a community control sanction or combination of	477
community control sanctions upon the offender.	478

(C) Except as provided in division (E), (F), or (G) of this	479
section, in determining whether to impose a prison term as a	480
sanction for a felony of the third degree or a felony drug offense	481
that is a violation of a provision of Chapter 2925. of the Revised	482
Code and that is specified as being subject to this division for	483
purposes of sentencing, the sentencing court shall comply with the	484
purposes and principles of sentencing under section 2929.11 of the	485
Revised Code and with section 2929.12 of the Revised Code.	486

(D) Except as provided in division (E) or (F) of this	487
section, for a felony of the first or second degree and for a	488
felony drug offense that is a violation of any provision of	489
Chapter 2925., 3719., or 4729. of the Revised Code for which a	490
presumption in favor of a prison term is specified as being	491
applicable, it is presumed that a prison term is necessary in	492
order to comply with the purposes and principles of sentencing	493
under section 2929.11 of the Revised Code. Notwithstanding the	494
presumption established under this division, the sentencing court	495
may impose a community control sanction or a combination of	496
community control sanctions instead of a prison term on an	497
offender for a felony of the first or second degree or for a	498
felony drug offense that is a violation of any provision of	499
Chapter 2925., 3719., or 4729. of the Revised Code for which a	500
presumption in favor of a prison term is specified as being	501
applicable if it makes both of the following findings:	502

(1) A community control sanction or a combination of	503
community control sanctions would adequately punish the offender	504
and protect the public from future crime, because the applicable	505
factors under section 2929.12 of the Revised Code indicating a	506
lesser likelihood of recidivism outweigh the applicable factors	507
under that section indicating a greater likelihood of recidivism.	508

(2) A community control sanction or a combination of	509
community control sanctions would not demean the seriousness of	510
the offense, because one or more factors under section 2929.12 of	511
the Revised Code that indicate that the offender's conduct was	512
less serious than conduct normally constituting the offense are	513
applicable, and they outweigh the applicable factors under that	514
section that indicate that the offender's conduct was more serious	515
than conduct normally constituting the offense.	516

(E)(1) Except as provided in division (F) of this section,	517
for any drug offense that is a violation of any provision of	518
Chapter 2925. of the Revised Code and that is a felony of the	519
third, fourth, or fifth degree, the applicability of a presumption	520
under division (D) of this section in favor of a prison term or of	521
division (B) or (C) of this section in determining whether to	522
impose a prison term for the offense shall be determined as	523
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	524
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	525
Revised Code, whichever is applicable regarding the violation.	526

(2) If an offender who was convicted of or pleaded guilty to	527
a felony violates the conditions of a community control sanction	528
imposed for the offense solely by reason of producing positive	529
results on a drug test, the court, as punishment for the violation	530
of the sanction, shall not order that the offender be imprisoned	531
unless the court determines on the record either of the following:	532

(a) The offender had been ordered as a sanction for the	533
felony to participate in a drug treatment program, in a drug	534
education program, or in narcotics anonymous or a similar program,	535
and the offender continued to use illegal drugs after a reasonable	536
period of participation in the program.	537

(b) The imprisonment of the offender for the violation is	538
consistent with the purposes and principles of sentencing set	539
forth in section 2929.11 of the Revised Code.	540

(F) Notwithstanding divisions (A) to (E) of this section, the	541
court shall impose a prison term or terms under sections 2929.02	542
to 2929.06, section 2929.14, or section 2971.03 of the Revised	543
Code and except as specifically provided in section 2929.20 or	544
2967.191 of the Revised Code or when parole is authorized for the	545
offense under section 2967.13 of the Revised Code shall not reduce	546
the terms pursuant to section 2929.20, section 2967.193, or any	547
other provision of Chapter 2967. or Chapter 5120. of the Revised	548
Code for any of the following offenses:	549

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

550

(2) Any rape, regardless of whether force was involved and	551
regardless of the age of the victim, or an attempt to commit rape	552
if, had the offender completed the rape that was attempted, the	553
offender would have been subject to a sentence of life	554
imprisonment or life imprisonment without parole for the rape;	555

(3) Gross sexual imposition or sexual battery, if the victim	556
is under thirteen years of age, if the offender previously was	557
convicted of or pleaded guilty to rape, the former offense of	558
felonious sexual penetration, gross sexual imposition, or sexual	559
battery, and if the victim of the previous offense was under	560
thirteen years of age;	561

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	562
2903.11, 2903.12, or 2903.13 of the Revised Code if the section	563
requires the imposition of a prison term;	564

(5) A first, second, or third degree felony drug offense for	565
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	566
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	567
4729.99 of the Revised Code, whichever is applicable regarding the	568
violation, requires the imposition of a mandatory prison term;	569

(6) Any offense that is a first or second degree felony and	570
that is not set forth in division (F)(1), (2), (3), or (4) of this	571
section, if the offender previously was convicted of or pleaded	572
guilty to aggravated murder, murder, any first or second degree	573
felony, or an offense under an existing or former law of this	574
state, another state, or the United States that is or was	575
substantially equivalent to one of those offenses;	576

(7) Any offense that is a third degree felony and that is	577
listed in division (DD)(1) of section 2929.01 of the Revised Code	578
either is a violation of section 2903.04 of the Revised Code or an	579
attempt to commit a felony of the second degree that is an offense	580
of violence and involved an attempt to cause serious physical harm	581
to a person or that resulted in serious physical harm to a person	582
if the offender previously was convicted of or pleaded guilty to	583
any offense that is listed in division (DD)(2)(a)(i) or (ii) of	584
section 2929.01 of the Revised Code;of the following offenses:	585

(a) Aggravated murder, murder, involuntary manslaughter,	586
rape, felonious sexual penetration as it existed under section	587
2907.12 of the Revised Code prior to September 3, 1996, a felony	588
of the first or second degree that resulted in the death of a	589
person or in physical harm to a person, or complicity in or an	590
attempt to commit any of those offenses;	591

(b) An offense under an existing or former law of this state,	592
another state, or the United States that is or was substantially	593
equivalent to an offense listed in division (F)(7)(a) of this	594
section that resulted in the death of a person or in physical harm	595
to a person.	596

(8) Any offense, other than a violation of section 2923.12 of	597
the Revised Code, that is a felony, if the offender had a firearm	598
on or about the offender's person or under the offender's control	599
while committing the felony, with respect to a portion of the	600
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	601
of the Revised Code for having the firearm;	602

(9) Any offense of violence that is a felony, if the offender	603
wore or carried body armor while committing the felony offense of	604
violence, with respect to the portion of the sentence imposed	605
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	606
Code for wearing or carrying the body armor;	607

(10) Corrupt activity in violation of section 2923.32 of the	608
Revised Code when the most serious offense in the pattern of	609
corrupt activity that is the basis of the offense is a felony of	610
the first degree;	611

(11) Any sexually violent offense for which the offender also	612
is convicted of or pleads guilty to a sexually violent predator	613
specification that was included in the indictment, count in the	614
indictment, or information charging the sexually violent offense;	615

(12) A violation of division (A)(1) or (2) of section 2921.36	616
of the Revised Code, or a violation of division (C) of that	617
section involving an item listed in division (A)(1) or (2) of that	618
section, if the offender is an officer or employee of the	619
department of rehabilitation and correction;	620

(13) A violation of division (A)(1) or (2) of section 2903.06	621
of the Revised Code if the victim of the offense is a peace	622
officer, as defined in section 2935.01 of the Revised Code, with	623
respect to the portion of the sentence imposed pursuant to	624
division (D)(5) of section 2929.14 of the Revised Code;	625

(14) A violation of division (A)(1) or (2) of section 2903.06	626
of the Revised Code if the offender has been convicted of or	627
pleaded guilty to three or more violations of division (A) or (B)	628
of section 4511.19 of the Revised Code or an equivalent offense,	629
as defined in section 2941.1415 of the Revised Code, or three or	630
more violations of any combination of those divisions and	631
offenses, with respect to the portion of the sentence imposed	632
pursuant to division (D)(6) of section 2929.14 of the Revised	633
Code.	634

(G) Notwithstanding divisions (A) to (E) of this section, if	635
an offender is being sentenced for a fourth degree felony OVI	636
offense or for a third degree felony OVI offense, the court shall	637
impose upon the offender a mandatory term of local incarceration	638
or a mandatory prison term in accordance with the following:	639

(1) If the offender is being sentenced for a fourth degree	640
felony OVI offense and if the offender has not been convicted of	641
and has not pleaded guilty to a specification of the type	642
described in section 2941.1413 of the Revised Code, the court may	643
impose upon the offender a mandatory term of local incarceration	644
of sixty days or one hundred twenty days as specified in division	645
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	646
not reduce the term pursuant to section 2929.20, 2967.193, or any	647
other provision of the Revised Code. The court that imposes a	648
mandatory term of local incarceration under this division shall	649
specify whether the term is to be served in a jail, a	650
community-based correctional facility, a halfway house, or an	651
alternative residential facility, and the offender shall serve the	652
term in the type of facility specified by the court. A mandatory	653
term of local incarceration imposed under division (G)(1) of this	654
section is not subject to extension under section 2967.11 of the	655
Revised Code, to a period of post-release control under section	656
2967.28 of the Revised Code, or to any other Revised Code	657
provision that pertains to a prison term except as provided in	658
division (A)(1) of this section.	659

(2) If the offender is being sentenced for a third degree	660
felony OVI offense, or if the offender is being sentenced for a	661
fourth degree felony OVI offense and the court does not impose a	662
mandatory term of local incarceration under division (G)(1) of	663
this section, the court shall impose upon the offender a mandatory	664
prison term of one, two, three, four, or five years if the	665
offender also is convicted of or also pleads guilty to a	666
specification of the type described in section 2941.1413 of the	667
Revised Code or shall impose upon the offender a mandatory prison	668
term of sixty days or one hundred twenty days as specified in	669
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	670
if the offender has not been convicted of and has not pleaded	671
guilty to a specification of that type. The court shall not reduce	672
the term pursuant to section 2929.20, 2967.193, or any other	673
provision of the Revised Code. The offender shall serve the one-,	674
two-, three-, four-, or five-year mandatory prison term	675
consecutively to and prior to the prison term imposed for the	676
underlying offense and consecutively to any other mandatory prison	677
term imposed in relation to the offense. In no case shall an	678
offender who once has been sentenced to a mandatory term of local	679
incarceration pursuant to division (G)(1) of this section for a	680
fourth degree felony OVI offense be sentenced to another mandatory	681
term of local incarceration under that division for any violation	682
of division (A) of section 4511.19 of the Revised Code. In	683
addition to the mandatory prison term described in division (G)(2)	684
of this section, the court may sentence the offender to a	685
community control sanction under section 2929.16 or 2929.17 of the	686
Revised Code, but the offender shall serve the prison term prior	687
to serving the community control sanction. The department of	688
rehabilitation and correction may place an offender sentenced to a	689
mandatory prison term under this division in an intensive program	690
prison established pursuant to section 5120.033 of the Revised	691
Code if the department gave the sentencing judge prior notice of	692
its intent to place the offender in an intensive program prison	693
established under that section and if the judge did not notify the	694
department that the judge disapproved the placement. Upon the	695
establishment of the initial intensive program prison pursuant to	696
section 5120.033 of the Revised Code that is privately operated	697
and managed by a contractor pursuant to a contract entered into	698
under section 9.06 of the Revised Code, both of the following	699
apply:	700

(a) The department of rehabilitation and correction shall	701
make a reasonable effort to ensure that a sufficient number of	702
offenders sentenced to a mandatory prison term under this division	703
are placed in the privately operated and managed prison so that	704
the privately operated and managed prison has full occupancy.	705

(b) Unless the privately operated and managed prison has full	706
occupancy, the department of rehabilitation and correction shall	707
not place any offender sentenced to a mandatory prison term under	708
this division in any intensive program prison established pursuant	709
to section 5120.033 of the Revised Code other than the privately	710
operated and managed prison.	711

(H) If an offender is being sentenced for a sexually oriented	712
offense committed on or after January 1, 1997, the judge shall	713
require the offender to submit to a DNA specimen collection	714
procedure pursuant to section 2901.07 of the Revised Code if	715
either of the following applies:	716

(1) The offense was a sexually violent offense, and the	717
offender also was convicted of or pleaded guilty to a sexually	718
violent predator specification that was included in the	719
indictment, count in the indictment, or information charging the	720
sexually violent offense.	721

(2) The judge imposing sentence for the sexually oriented	722
offense determines pursuant to division (B) of section 2950.09 of	723
the Revised Code that the offender is a sexual predator.	724

(I) If an offender is being sentenced for a sexually oriented	725
offense that is not a registration-exempt sexually oriented	726
offense or for a child-victim oriented offense committed on or	727
after January 1, 1997, the judge shall include in the sentence a	728
summary of the offender's duties imposed under sections 2950.04,	729
2950.041, 2950.05, and 2950.06 of the Revised Code and the	730
duration of the duties. The judge shall inform the offender, at	731
the time of sentencing, of those duties and of their duration and,	732
if required under division (A)(2) of section 2950.03 of the	733
Revised Code, shall perform the duties specified in that section.	734

(J)(1) Except as provided in division (J)(2) of this section,	735
when considering sentencing factors under this section in relation	736
to an offender who is convicted of or pleads guilty to an attempt	737
to commit an offense in violation of section 2923.02 of the	738
Revised Code, the sentencing court shall consider the factors	739
applicable to the felony category of the violation of section	740
2923.02 of the Revised Code instead of the factors applicable to	741
the felony category of the offense attempted.	742

(2) When considering sentencing factors under this section in	743
relation to an offender who is convicted of or pleads guilty to an	744
attempt to commit a drug abuse offense for which the penalty is	745
determined by the amount or number of unit doses of the controlled	746
substance involved in the drug abuse offense, the sentencing court	747
shall consider the factors applicable to the felony category that	748
the drug abuse offense attempted would be if that drug abuse	749
offense had been committed and had involved an amount or number of	750
unit doses of the controlled substance that is within the next	751
lower range of controlled substance amounts than was involved in	752
the attempt.	753

(K) As used in this section, "drug abuse offense" has the	754
same meaning as in section 2925.01 of the Revised Code.	755

Sec. 2929.14.  (A) Except as provided in division (C),	756
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), or (G) of this	757
section and except in relation to an offense for which a sentence	758
of death or life imprisonment is to be imposed, if the court	759
imposing a sentence upon an offender for a felony elects or is	760
required to impose a prison term on the offender pursuant to this	761
chapter, the court shall impose a definite prison term that shall	762
be one of the following:	763

(1) For a felony of the first degree, the prison term shall	764
be three, four, five, six, seven, eight, nine, or ten years.	765

(2) For a felony of the second degree, the prison term shall	766
be two, three, four, five, six, seven, or eight years.	767

(3) For a felony of the third degree, the prison term shall	768
be one, two, three, four, or five years.	769

(4) For a felony of the fourth degree, the prison term shall	770
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	771
fourteen, fifteen, sixteen, seventeen, or eighteen months.	772

(5) For a felony of the fifth degree, the prison term shall	773
be six, seven, eight, nine, ten, eleven, or twelve months.	774

(B) Except as provided in division (C), (D)(1), (D)(2),	775
(D)(3), (D)(5), (D)(6), or (G) of this section, in section 2907.02	776
of the Revised Code, or in Chapter 2925. of the Revised Code, if	777
the court imposing a sentence upon an offender for a felony elects	778
or is required to impose a prison term on the offender, the court	779
shall impose the shortest prison term authorized for the offense	780
pursuant to division (A) of this section, unless one or more of	781
the following applies:	782

(1) The offender was serving a prison term at the time of the	783
offense, or the offender previously had served a prison term.	784

(2) The court finds on the record that the shortest prison	785
term will demean the seriousness of the offender's conduct or will	786
not adequately protect the public from future crime by the	787
offender or others.	788

(C) Except as provided in division (G) of this section or in	789
Chapter 2925. of the Revised Code, the court imposing a sentence	790
upon an offender for a felony may impose the longest prison term	791
authorized for the offense pursuant to division (A) of this	792
section only upon offenders who committed the worst forms of the	793
offense, upon offenders who pose the greatest likelihood of	794
committing future crimes, upon certain major drug offenders under	795
division (D)(3) of this section, and upon certain repeat violent	796
offenders in accordance with division (D)(2) of this section.	797

(D)(1)(a) Except as provided in division (D)(1)(e) of this	798
section, if an offender who is convicted of or pleads guilty to a	799
felony also is convicted of or pleads guilty to a specification of	800
the type described in section 2941.141, 2941.144, or 2941.145 of	801
the Revised Code, the court shall impose on the offender one of	802
the following prison terms:	803

(i) A prison term of six years if the specification is of the	804
type described in section 2941.144 of the Revised Code that	805
charges the offender with having a firearm that is an automatic	806
firearm or that was equipped with a firearm muffler or silencer on	807
or about the offender's person or under the offender's control	808
while committing the felony;	809

(ii) A prison term of three years if the specification is of	810
the type described in section 2941.145 of the Revised Code that	811
charges the offender with having a firearm on or about the	812
offender's person or under the offender's control while committing	813
the offense and displaying the firearm, brandishing the firearm,	814
indicating that the offender possessed the firearm, or using it to	815
facilitate the offense;	816

(iii) A prison term of one year if the specification is of	817
the type described in section 2941.141 of the Revised Code that	818
charges the offender with having a firearm on or about the	819
offender's person or under the offender's control while committing	820
the felony.	821

(b) If a court imposes a prison term on an offender under	822
division (D)(1)(a) of this section, the prison term shall not be	823
reduced pursuant to section 2929.20, section 2967.193, or any	824
other provision of Chapter 2967. or Chapter 5120. of the Revised	825
Code. A court shall not impose more than one prison term on an	826
offender under division (D)(1)(a) of this section for felonies	827
committed as part of the same act or transaction.	828

(c) Except as provided in division (D)(1)(e) of this section,	829
if an offender who is convicted of or pleads guilty to a violation	830
of section 2923.161 of the Revised Code or to a felony that	831
includes, as an essential element, purposely or knowingly causing	832
or attempting to cause the death of or physical harm to another,	833
also is convicted of or pleads guilty to a specification of the	834
type described in section 2941.146 of the Revised Code that	835
charges the offender with committing the offense by discharging a	836
firearm from a motor vehicle other than a manufactured home, the	837
court, after imposing a prison term on the offender for the	838
violation of section 2923.161 of the Revised Code or for the other	839
felony offense under division (A), (D)(2), or (D)(3) of this	840
section, shall impose an additional prison term of five years upon	841
the offender that shall not be reduced pursuant to section	842
2929.20, section 2967.193, or any other provision of Chapter 2967.	843
or Chapter 5120. of the Revised Code. A court shall not impose	844
more than one additional prison term on an offender under division	845
(D)(1)(c) of this section for felonies committed as part of the	846
same act or transaction. If a court imposes an additional prison	847
term on an offender under division (D)(1)(c) of this section	848
relative to an offense, the court also shall impose a prison term	849
under division (D)(1)(a) of this section relative to the same	850
offense, provided the criteria specified in that division for	851
imposing an additional prison term are satisfied relative to the	852
offender and the offense.	853

(d) If an offender who is convicted of or pleads guilty to an	854
offense of violence that is a felony also is convicted of or	855
pleads guilty to a specification of the type described in section	856
2941.1411 of the Revised Code that charges the offender with	857
wearing or carrying body armor while committing the felony offense	858
of violence, the court shall impose on the offender a prison term	859
of two years. The prison term so imposed shall not be reduced	860
pursuant to section 2929.20, section 2967.193, or any other	861
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	862
court shall not impose more than one prison term on an offender	863
under division (D)(1)(d) of this section for felonies committed as	864
part of the same act or transaction. If a court imposes an	865
additional prison term under division (D)(1)(a) or (c) of this	866
section, the court is not precluded from imposing an additional	867
prison term under division (D)(1)(d) of this section.	868

(e) The court shall not impose any of the prison terms	869
described in division (D)(1)(a) of this section or any of the	870
additional prison terms described in division (D)(1)(c) of this	871
section upon an offender for a violation of section 2923.12 or	872
2923.123 of the Revised Code. The court shall not impose any of	873
the prison terms described in division (D)(1)(a) of this section	874
or any of the additional prison terms described in division	875
(D)(1)(c) of this section upon an offender for a violation of	876
section 2923.13 of the Revised Code unless all of the following	877
apply:	878

(i) The offender previously has been convicted of aggravated	879
murder, murder, or any felony of the first or second degree.	880

(ii) Less than five years have passed since the offender was	881
released from prison or post-release control, whichever is later,	882
for the prior offense.	883

(f) If an offender is convicted of or pleads guilty to a	884
felony that includes, as an essential element, causing or	885
attempting to cause the death of or physical harm to another and	886
also is convicted of or pleads guilty to a specification of the	887
type described in section 2941.1412 of the Revised Code that	888
charges the offender with committing the offense by discharging a	889
firearm at a peace officer as defined in section 2935.01 of the	890
Revised Code or a corrections officer as defined in section	891
2941.1412 of the Revised Code, the court, after imposing a prison	892
term on the offender for the felony offense under division (A),	893
(D)(2), or (D)(3) of this section, shall impose an additional	894
prison term of seven years upon the offender that shall not be	895
reduced pursuant to section 2929.20, section 2967.193, or any	896
other provision of Chapter 2967. or Chapter 5120. of the Revised	897
Code. A court shall not impose more than one additional prison	898
term on an offender under division (D)(1)(f) of this section for	899
felonies committed as part of the same act or transaction. If a	900
court imposes an additional prison term on an offender under	901
division (D)(1)(f) of this section relative to an offense, the	902
court shall not impose a prison term under division (D)(1)(a) or	903
(c) of this section relative to the same offense.	904

(2)(a) If an offender who is convicted of or pleads guilty to	905
a felony also is convicted of or pleads guilty to a specification	906
of the type described in section 2941.149 of the Revised Code that	907
the offender is a repeat violent offenderdivision (D)(2)(b) of	908
this section does not apply, the court shallmay impose aon an	909
offender, in addition to the longest prison term from the range of	910
terms authorized or required for the offense under division (A) of	911
this section that may be the longest term in the range and that	912
shall not be reduced pursuant to section 2929.20, section	913
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	914
of the Revised Code. If the court finds that the repeat violent	915
offender, in committing the offense, caused any physical harm that	916
carried a substantial risk of death to a person or that involved	917
substantial permanent incapacity or substantial permanent	918
disfigurement of a person, the court shall impose the longest	919
prison term from the range of terms authorized for the offense	920
under division (A) of this section.	921

(b) If the court imposing a prison term on a repeat violent	922
offender imposes the longest prison term from the range of terms	923
authorized for the offense under division (A) of this section, the	924
court may impose on the offender an additional definite prison	925
term of one, two, three, four, five, six, seven, eight, nine, or	926
ten years if the court finds that both of the following apply with	927
respect to the prison terms imposed on the offender pursuant to	928
division (D)(2)(a) of this section and, if applicable, divisions	929
(D)(1) and (3) of this section:	930

(i), an additional definite prison term of one, two, three,	931
four, five, six, seven, eight, nine, or ten years if all of the	932
following criteria are met:	933

(i) The offender is convicted of or pleads guilty to a	934
specification of the type described in section 2941.149 of the	935
Revised Code that the offender is a repeat violent offender.	936

(ii) The offense of which the offender currently is convicted	937
or to which the offender currently pleads guilty is aggravated	938
murder and the court does not impose a sentence of death or life	939
imprisonment without parole, murder, terrorism and the court does	940
not impose a sentence of life imprisonment without parole, any	941
felony of the first degree that is an offense of violence and the	942
court does not impose a sentence of life imprisonment without	943
parole, or any felony of the second degree that is an offense of	944
violence and the trier of fact finds that the offense involved an	945
attempt to cause or a threat to cause serious physical harm to a	946
person or resulted in serious physical harm to a person.	947

(iii) The court imposes the longest prison term for the	948
offense that is not life imprisonment without parole.	949

(iv) The terms so imposedcourt finds that the prison terms	950
imposed pursuant to division (D)(2)(a)(iii) of this section and,	951
if applicable, division (D)(1) or (3) of this section are	952
inadequate to punish the offender and protect the public from	953
future crime, because the applicable factors under section 2929.12	954
of the Revised Code indicating a greater likelihood of recidivism	955
outweigh the applicable factors under that section indicating a	956
lesser likelihood of recidivism.	957

(ii)(v) The terms so imposedcourt finds that the prison	958
terms imposed pursuant to division (D)(2)(a)(iii) of this section	959
and, if applicable, division (D)(1) or (3) of this section are	960
demeaning to the seriousness of the offense, because one or more	961
of the factors under section 2929.12 of the Revised Code	962
indicating that the offender's conduct is more serious than	963
conduct normally constituting the offense are present, and they	964
outweigh the applicable factors under that section indicating that	965
the offender's conduct is less serious than conduct normally	966
constituting the offense.	967

(b) The court shall impose on an offender the longest prison	968
term authorized or required for the offense and shall impose on	969
the offender an additional definite prison term of one, two,	970
three, four, five, six, seven, eight, nine, or ten years if all of	971
the following criteria are met:	972

(i) The offender is convicted of or pleads guilty to a	973
specification of the type described in section 2941.149 of the	974
Revised Code that the offender is a repeat violent offender.	975

(ii) The offender within the preceding twenty years has been	976
convicted of or pleaded guilty to three or more offenses described	977
in division (DD)(1) of section 2929.01 of the Revised Code,	978
including all offenses described in that division of which the	979
offender is convicted or to which the offender pleads guilty in	980
the current prosecution and all offenses described in that	981
division of which the offender previously has been convicted or to	982
which the offender previously pleaded guilty, whether prosecuted	983
together or separately.	984

(iii) The offense or offenses of which the offender currently	985
is convicted or to which the offender currently pleads guilty is	986
aggravated murder and the court does not impose a sentence of	987
death or life imprisonment without parole, murder, terrorism and	988
the court does not impose a sentence of life imprisonment without	989
parole, any felony of the first degree that is an offense of	990
violence and the court does not impose a sentence of life	991
imprisonment without parole, or any felony of the second degree	992
that is an offense of violence and the trier of fact finds that	993
the offense involved an attempt to cause or a threat to cause	994
serious physical harm to a person or resulted in serious physical	995
harm to a person.	996

(c) For purposes of division (D)(2)(b) of this section, two	997
or more offenses committed at the same time or as part of the same	998
act or event shall be considered one offense, and that one offense	999
shall be the offense with the greatest penalty.	1000

(d) A sentence imposed under division (D)(2)(a) or (b) of	1001
this section shall not be reduced pursuant to section 2929.20 or	1002
section 2967.193, or any other provision of Chapter 2967. or	1003
Chapter 5120. of the Revised Code. The offender shall serve an	1004
additional prison term imposed under this section consecutively to	1005
and prior to the prison term imposed for the underlying offense.	1006

(e) When imposing a sentence pursuant to division (D)(2)(a)	1007
or (b) of this section, the court shall state its findings	1008
explaining the imposed sentence.	1009

(3)(a) Except when an offender commits a violation of section	1010
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	1011
the violation is life imprisonment or commits a violation of	1012
section 2903.02 of the Revised Code, if the offender commits a	1013
violation of section 2925.03 or 2925.11 of the Revised Code and	1014
that section classifies the offender as a major drug offender and	1015
requires the imposition of a ten-year prison term on the offender,	1016
if the offender commits a felony violation of section 2925.02,	1017
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	1018
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	1019
division (C) of section 4729.51, or division (J) of section	1020
4729.54 of the Revised Code that includes the sale, offer to sell,	1021
or possession of a schedule I or II controlled substance, with the	1022
exception of marihuana, and the court imposing sentence upon the	1023
offender finds that the offender is guilty of a specification of	1024
the type described in section 2941.1410 of the Revised Code	1025
charging that the offender is a major drug offender, if the court	1026
imposing sentence upon an offender for a felony finds that the	1027
offender is guilty of corrupt activity with the most serious	1028
offense in the pattern of corrupt activity being a felony of the	1029
first degree, or if the offender is guilty of an attempted	1030
violation of section 2907.02 of the Revised Code and, had the	1031
offender completed the violation of section 2907.02 of the Revised	1032
Code that was attempted, the offender would have been subject to a	1033
sentence of life imprisonment or life imprisonment without parole	1034
for the violation of section 2907.02 of the Revised Code, the	1035
court shall impose upon the offender for the felony violation a	1036
ten-year prison term that cannot be reduced pursuant to section	1037
2929.20 or Chapter 2967. or 5120. of the Revised Code.	1038

(b) The court imposing a prison term on an offender under	1039
division (D)(3)(a) of this section may impose an additional prison	1040
term of one, two, three, four, five, six, seven, eight, nine, or	1041
ten years, if the court, with respect to the term imposed under	1042
division (D)(3)(a) of this section and, if applicable, divisions	1043
(D)(1) and (2) of this section, makes both of the findings set	1044
forth in divisions (D)(2)(b)(i)(a)(iv) and (ii)(v) of this	1045
section.	1046

(4) If the offender is being sentenced for a third or fourth	1047
degree felony OVI offense under division (G)(2) of section 2929.13	1048
of the Revised Code, the sentencing court shall impose upon the	1049
offender a mandatory prison term in accordance with that division.	1050
In addition to the mandatory prison term, if the offender is being	1051
sentenced for a fourth degree felony OVI offense, the court,	1052
notwithstanding division (A)(4) of this section, may sentence the	1053
offender to a definite prison term of not less than six months and	1054
not more than thirty months, and if the offender is being	1055
sentenced for a third degree felony OVI offense, the sentencing	1056
court may sentence the offender to an additional prison term of	1057
any duration specified in division (A)(3) of this section. In	1058
either case, the additional prison term imposed shall be reduced	1059
by the sixty or one hundred twenty days imposed upon the offender	1060
as the mandatory prison term. The total of the additional prison	1061
term imposed under division (D)(4) of this section plus the sixty	1062
or one hundred twenty days imposed as the mandatory prison term	1063
shall equal a definite term in the range of six months to thirty	1064
months for a fourth degree felony OVI offense and shall equal one	1065
of the authorized prison terms specified in division (A)(3) of	1066
this section for a third degree felony OVI offense. If the court	1067
imposes an additional prison term under division (D)(4) of this	1068
section, the offender shall serve the additional prison term after	1069
the offender has served the mandatory prison term required for the	1070
offense. In addition to the mandatory prison term or mandatory and	1071
additional prison term imposed as described in division (D)(4) of	1072
this section, the court also may sentence the offender to a	1073
community control sanction under section 2929.16 or 2929.17 of the	1074
Revised Code, but the offender shall serve all of the prison terms	1075
so imposed prior to serving the community control sanction.	1076

If the offender is being sentenced for a fourth degree felony	1077
OVI offense under division (G)(1) of section 2929.13 of the	1078
Revised Code and the court imposes a mandatory term of local	1079
incarceration, the court may impose a prison term as described in	1080
division (A)(1) of that section.	1081

(5) If an offender is convicted of or pleads guilty to a	1082
violation of division (A)(1) or (2) of section 2903.06 of the	1083
Revised Code and also is convicted of or pleads guilty to a	1084
specification of the type described in section 2941.1414 of the	1085
Revised Code that charges that the victim of the offense is a	1086
peace officer, as defined in section 2935.01 of the Revised Code,	1087
the court shall impose on the offender a prison term of five	1088
years. If a court imposes a prison term on an offender under	1089
division (D)(5) of this section, the prison term shall not be	1090
reduced pursuant to section 2929.20, section 2967.193, or any	1091
other provision of Chapter 2967. or Chapter 5120. of the Revised	1092
Code. A court shall not impose more than one prison term on an	1093
offender under division (D)(5) of this section for felonies	1094
committed as part of the same act.	1095

(6) If an offender is convicted of or pleads guilty to a	1096
violation of division (A)(1) or (2) of section 2903.06 of the	1097
Revised Code and also is convicted of or pleads guilty to a	1098
specification of the type described in section 2941.1415 of the	1099
Revised Code that charges that the offender previously has been	1100
convicted of or pleaded guilty to three or more violations of	1101
division (A) or (B) of section 4511.19 of the Revised Code or an	1102
equivalent offense, as defined in section 2941.1415 of the Revised	1103
Code, or three or more violations of any combination of those	1104
divisions and offenses, the court shall impose on the offender a	1105
prison term of three years. If a court imposes a prison term on an	1106
offender under division (D)(6) of this section, the prison term	1107
shall not be reduced pursuant to section 2929.20, section	1108
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	1109
of the Revised Code. A court shall not impose more than one prison	1110
term on an offender under division (D)(6) of this section for	1111
felonies committed as part of the same act.	1112

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	1113
mandatory prison term is imposed upon an offender pursuant to	1114
division (D)(1)(a) of this section for having a firearm on or	1115
about the offender's person or under the offender's control while	1116
committing a felony, if a mandatory prison term is imposed upon an	1117
offender pursuant to division (D)(1)(c) of this section for	1118
committing a felony specified in that division by discharging a	1119
firearm from a motor vehicle, or if both types of mandatory prison	1120
terms are imposed, the offender shall serve any mandatory prison	1121
term imposed under either division consecutively to any other	1122
mandatory prison term imposed under either division or under	1123
division (D)(1)(d) of this section, consecutively to and prior to	1124
any prison term imposed for the underlying felony pursuant to	1125
division (A), (D)(2), or (D)(3) of this section or any other	1126
section of the Revised Code, and consecutively to any other prison	1127
term or mandatory prison term previously or subsequently imposed	1128
upon the offender.	1129

(b) If a mandatory prison term is imposed upon an offender	1130
pursuant to division (D)(1)(d) of this section for wearing or	1131
carrying body armor while committing an offense of violence that	1132
is a felony, the offender shall serve the mandatory term so	1133
imposed consecutively to any other mandatory prison term imposed	1134
under that division or under division (D)(1)(a) or (c) of this	1135
section, consecutively to and prior to any prison term imposed for	1136
the underlying felony under division (A), (D)(2), or (D)(3) of	1137
this section or any other section of the Revised Code, and	1138
consecutively to any other prison term or mandatory prison term	1139
previously or subsequently imposed upon the offender.	1140

(c) If a mandatory prison term is imposed upon an offender	1141
pursuant to division (D)(1)(f) of this section, the offender shall	1142
serve the mandatory prison term so imposed consecutively to and	1143
prior to any prison term imposed for the underlying felony under	1144
division (A), (D)(2), or (D)(3) of this section or any other	1145
section of the Revised Code, and consecutively to any other prison	1146
term or mandatory prison term previously or subsequently imposed	1147
upon the offender.	1148

(2) If an offender who is an inmate in a jail, prison, or	1149
other residential detention facility violates section 2917.02,	1150
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	1151
who is under detention at a detention facility commits a felony	1152
violation of section 2923.131 of the Revised Code, or if an	1153
offender who is an inmate in a jail, prison, or other residential	1154
detention facility or is under detention at a detention facility	1155
commits another felony while the offender is an escapee in	1156
violation of section 2921.34 of the Revised Code, any prison term	1157
imposed upon the offender for one of those violations shall be	1158
served by the offender consecutively to the prison term or term of	1159
imprisonment the offender was serving when the offender committed	1160
that offense and to any other prison term previously or	1161
subsequently imposed upon the offender.	1162

(3) If a prison term is imposed for a violation of division	1163
(B) of section 2911.01 of the Revised Code, a violation of	1164
division (A) of section 2913.02 of the Revised Code in which the	1165
stolen property is a firearm or dangerous ordnance, or a felony	1166
violation of division (B) of section 2921.331 of the Revised Code,	1167
the offender shall serve that prison term consecutively to any	1168
other prison term or mandatory prison term previously or	1169
subsequently imposed upon the offender.	1170

(4) If multiple prison terms are imposed on an offender for	1171
convictions of multiple offenses, the court may require the	1172
offender to serve the prison terms consecutively if the court	1173
finds that the consecutive service is necessary to protect the	1174
public from future crime or to punish the offender and that	1175
consecutive sentences are not disproportionate to the seriousness	1176
of the offender's conduct and to the danger the offender poses to	1177
the public, and if the court also finds any of the following:	1178

(a) The offender committed one or more of the multiple	1179
offenses while the offender was awaiting trial or sentencing, was	1180
under a sanction imposed pursuant to section 2929.16, 2929.17, or	1181
2929.18 of the Revised Code, or was under post-release control for	1182
a prior offense.	1183

(b) At least two of the multiple offenses were committed as	1184
part of one or more courses of conduct, and the harm caused by two	1185
or more of the multiple offenses so committed was so great or	1186
unusual that no single prison term for any of the offenses	1187
committed as part of any of the courses of conduct adequately	1188
reflects the seriousness of the offender's conduct.	1189

(c) The offender's history of criminal conduct demonstrates	1190
that consecutive sentences are necessary to protect the public	1191
from future crime by the offender.	1192

(5) If a mandatory prison term is imposed upon an offender	1193
pursuant to division (D)(5) or (6) of this section, the offender	1194
shall serve the mandatory prison term consecutively to and prior	1195
to any prison term imposed for the underlying violation of	1196
division (A)(1) or (2) of section 2903.06 of the Revised Code	1197
pursuant to division (A) of this section. If a mandatory prison	1198
term is imposed upon an offender pursuant to division (D)(5) of	1199
this section, and if a mandatory prison term also is imposed upon	1200
the offender pursuant to division (D)(6) of this section in	1201
relation to the same violation, the offender shall serve the	1202
mandatory prison term imposed pursuant to division (D)(5) of this	1203
section consecutively to and prior to the mandatory prison term	1204
imposed pursuant to division (D)(6) of this section and	1205
consecutively to and prior to any prison term imposed for the	1206
underlying violation of division (A)(1) or (2) of section 2903.06	1207
of the Revised Code pursuant to division (A) of this section.	1208

(6) When consecutive prison terms are imposed pursuant to	1209
division (E)(1), (2), (3), (4), or (5) of this section, the term	1210
to be served is the aggregate of all of the terms so imposed.	1211

(F) If a court imposes a prison term of a type described in	1212
division (B) of section 2967.28 of the Revised Code, it shall	1213
include in the sentence a requirement that the offender be subject	1214
to a period of post-release control after the offender's release	1215
from imprisonment, in accordance with that division. If a court	1216
imposes a prison term of a type described in division (C) of that	1217
section, it shall include in the sentence a requirement that the	1218
offender be subject to a period of post-release control after the	1219
offender's release from imprisonment, in accordance with that	1220
division, if the parole board determines that a period of	1221
post-release control is necessary.	1222

(G) If a person is convicted of or pleads guilty to a	1223
sexually violent offense and also is convicted of or pleads guilty	1224
to a sexually violent predator specification that was included in	1225
the indictment, count in the indictment, or information charging	1226
that offense, the court shall impose sentence upon the offender in	1227
accordance with section 2971.03 of the Revised Code, and Chapter	1228
2971. of the Revised Code applies regarding the prison term or	1229
term of life imprisonment without parole imposed upon the offender	1230
and the service of that term of imprisonment.	1231

(H) If a person who has been convicted of or pleaded guilty	1232
to a felony is sentenced to a prison term or term of imprisonment	1233
under this section, sections 2929.02 to 2929.06 of the Revised	1234
Code, section 2971.03 of the Revised Code, or any other provision	1235
of law, section 5120.163 of the Revised Code applies regarding the	1236
person while the person is confined in a state correctional	1237
institution.	1238

(I) If an offender who is convicted of or pleads guilty to a	1239
felony that is an offense of violence also is convicted of or	1240
pleads guilty to a specification of the type described in section	1241
2941.142 of the Revised Code that charges the offender with having	1242
committed the felony while participating in a criminal gang, the	1243
court shall impose upon the offender an additional prison term of	1244
one, two, or three years.	1245

(J) If an offender who is convicted of or pleads guilty to	1246
aggravated murder, murder, or a felony of the first, second, or	1247
third degree that is an offense of violence also is convicted of	1248
or pleads guilty to a specification of the type described in	1249
section 2941.143 of the Revised Code that charges the offender	1250
with having committed the offense in a school safety zone or	1251
towards a person in a school safety zone, the court shall impose	1252
upon the offender an additional prison term of two years. The	1253
offender shall serve the additional two years consecutively to and	1254
prior to the prison term imposed for the underlying offense.	1255

(K) At the time of sentencing, the court may recommend the	1256
offender for placement in a program of shock incarceration under	1257
section 5120.031 of the Revised Code or for placement in an	1258
intensive program prison under section 5120.032 of the Revised	1259
Code, disapprove placement of the offender in a program of shock	1260
incarceration or an intensive program prison of that nature, or	1261
make no recommendation on placement of the offender. In no case	1262
shall the department of rehabilitation and correction place the	1263
offender in a program or prison of that nature unless the	1264
department determines as specified in section 5120.031 or 5120.032	1265
of the Revised Code, whichever is applicable, that the offender is	1266
eligible for the placement.	1267

If the court disapproves placement of the offender in a	1268
program or prison of that nature, the department of rehabilitation	1269
and correction shall not place the offender in any program of	1270
shock incarceration or intensive program prison.	1271

If the court recommends placement of the offender in a	1272
program of shock incarceration or in an intensive program prison,	1273
and if the offender is subsequently placed in the recommended	1274
program or prison, the department shall notify the court of the	1275
placement and shall include with the notice a brief description of	1276
the placement.	1277

If the court recommends placement of the offender in a	1278
program of shock incarceration or in an intensive program prison	1279
and the department does not subsequently place the offender in the	1280
recommended program or prison, the department shall send a notice	1281
to the court indicating why the offender was not placed in the	1282
recommended program or prison.	1283

If the court does not make a recommendation under this	1284
division with respect to an offender and if the department	1285
determines as specified in section 5120.031 or 5120.032 of the	1286
Revised Code, whichever is applicable, that the offender is	1287
eligible for placement in a program or prison of that nature, the	1288
department shall screen the offender and determine if there is an	1289
available program of shock incarceration or an intensive program	1290
prison for which the offender is suited. If there is an available	1291
program of shock incarceration or an intensive program prison for	1292
which the offender is suited, the department shall notify the	1293
court of the proposed placement of the offender as specified in	1294
section 5120.031 or 5120.032 of the Revised Code and shall include	1295
with the notice a brief description of the placement. The court	1296
shall have ten days from receipt of the notice to disapprove the	1297
placement.	1298

Sec. 2941.149.  (A) The determination by a court that an	1299
offender is a repeat violent offender is precluded unless the	1300
indictment, count in the indictment, or information charging the	1301
offender specifies that the offender is a repeat violent offender.	1302
The specification shall be stated at the end of the body of the	1303
indictment, count, or information, and shall be stated in	1304
substantially the following form:	1305

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	1306
Grand Jurors (or insert the person's or prosecuting attorney's	1307
name when appropriate) further find and specify that (set forth	1308
that the offender is a repeat violent offender)."	1309

(B) The court shall determine the issue of whether an	1310
offender is a repeat violent offender.	1311

(C) At the arraignment or as soon thereafter as is	1312
practicable, the prosecuting attorney may give notice to the	1313
defendant of the prosecuting attorney's intention to use a	1314
certified copy of the entry of judgment of a prior conviction as	1315
proof of that prior conviction. The defendant must then give	1316
notice to the prosecuting attorney of the defendant's intention to	1317
object to the use of the entry of judgment. If the defendant	1318
pursuant to Criminal Rule 12 does not give notice of that	1319
intention to the prosecuting attorney before trial, the defendant	1320
waives the objection to the use of an entry of judgment as proof	1321
of the defendant's prior conviction, as shown on the entry of	1322
judgment.	1323

(D) As used in this section, "repeat violent offender" has	1324
the same meaning as in section 2929.01 of the Revised Code.	1325

Sec. 2953.08.  (A) In addition to any other right to appeal	1326
and except as provided in division (D) of this section, a	1327
defendant who is convicted of or pleads guilty to a felony may	1328
appeal as a matter of right the sentence imposed upon the	1329
defendant on one of the following grounds:	1330

(1) The sentence consisted of or included the maximum prison	1331
term allowed for the offense by division (A) of section 2929.14 of	1332
the Revised Code, the sentence was not imposed pursuant to	1333
division (D)(3)(b) of section 2929.14 of the Revised Code, the	1334
maximum prison term was not required for the offense pursuant to	1335
Chapter 2925. or any other provision of the Revised Code, and the	1336
court imposed the sentence under one of the following	1337
circumstances:	1338

(a) The sentence was imposed for only one offense.

1339

(b) The sentence was imposed for two or more offenses arising	1340
out of a single incident, and the court imposed the maximum prison	1341
term for the offense of the highest degree.	1342

(2) The sentence consisted of or included a prison term, the	1343
offense for which it was imposed is a felony of the fourth or	1344
fifth degree or is a felony drug offense that is a violation of a	1345
provision of Chapter 2925. of the Revised Code and that is	1346
specified as being subject to division (B) of section 2929.13 of	1347
the Revised Code for purposes of sentencing, and the court did not	1348
specify at sentencing that it found one or more factors specified	1349
in divisions (B)(1)(a) to (i) of section 2929.13 of the Revised	1350
Code to apply relative to the defendant. If the court specifies	1351
that it found one or more of those factors to apply relative to	1352
the defendant, the defendant is not entitled under this division	1353
to appeal as a matter of right the sentence imposed upon the	1354
offender.	1355

(3) The person was convicted of or pleaded guilty to a	1356
sexually violent offense, was adjudicated as being a sexually	1357
violent predator, and was sentenced pursuant to division (A)(3) of	1358
section 2971.03 of the Revised Code, if the minimum term of the	1359
indefinite term imposed pursuant to division (A)(3) of section	1360
2971.03 of the Revised Code is the longest term available for the	1361
offense from among the range of terms listed in section 2929.14 of	1362
the Revised Code. As used in this division, "sexually violent	1363
offense" and "sexually violent predator" have the same meanings as	1364
in section 2971.01 of the Revised Code.	1365

(4) The sentence is contrary to law.

1366

(5) The sentence consisted of an additional prison term of	1367
ten years imposed pursuant to division (D)(2)(b)(a) of section	1368
2929.14 of the Revised Code.	1369

(6) The sentence consisted of an additional prison term of	1370
ten years imposed pursuant to division (D)(3)(b) of section	1371
2929.14 of the Revised Code.	1372

(B) In addition to any other right to appeal and except as	1373
provided in division (D) of this section, a prosecuting attorney,	1374
a city director of law, village solicitor, or similar chief legal	1375
officer of a municipal corporation, or the attorney general, if	1376
one of those persons prosecuted the case, may appeal as a matter	1377
of right a sentence imposed upon a defendant who is convicted of	1378
or pleads guilty to a felony or, in the circumstances described in	1379
division (B)(3) of this section the modification of a sentence	1380
imposed upon such a defendant, on any of the following grounds:	1381

(1) The sentence did not include a prison term despite a	1382
presumption favoring a prison term for the offense for which it	1383
was imposed, as set forth in section 2929.13 or Chapter 2925. of	1384
the Revised Code.	1385

(2) The sentence is contrary to law.

1386

(3) The sentence is a modification under section 2929.20 of	1387
the Revised Code of a sentence that was imposed for a felony of	1388
the first or second degree.	1389

(C)(1) In addition to the right to appeal a sentence granted	1390
under division (A) or (B) of this section, a defendant who is	1391
convicted of or pleads guilty to a felony may seek leave to appeal	1392
a sentence imposed upon the defendant on the basis that the	1393
sentencing judge has imposed consecutive sentences under division	1394
(E)(3) or (4) of section 2929.14 of the Revised Code and that the	1395
consecutive sentences exceed the maximum prison term allowed by	1396
division (A) of that section for the most serious offense of which	1397
the defendant was convicted. Upon the filing of a motion under	1398
this division, the court of appeals may grant leave to appeal the	1399
sentence if the court determines that the allegation included as	1400
the basis of the motion is true.	1401

(2) A defendant may seek leave to appeal an additional	1402
sentence imposed upon the defendant pursuant to division (D)(2)(a)	1403
or (b) of section 2929.14 of the Revised Code if the additional	1404
sentence is for a definite prison term that is longer than five	1405
years.	1406

(D)(1) A sentence imposed upon a defendant is not subject to	1407
review under this section if the sentence is authorized by law,	1408
has been recommended jointly by the defendant and the prosecution	1409
in the case, and is imposed by a sentencing judge.	1410

(2) Except as provided in division (C)(2) of this section, a	1411
sentence imposed upon a defendant is not subject to review under	1412
this section if the sentence is imposed pursuant to division	1413
(D)(2)(b) of section 2929.14 of the Revised Code. Except as	1414
otherwise provided in this division, a defendant retains all	1415
rights to appeal as provided under this chapter or any other	1416
provision of the Revised Code. A defendant has the right to appeal	1417
under this chapter or any other provision of the Revised Code the	1418
court's application of division (D)(2)(c) of section 2929.14 of	1419
the Revised Code.	1420

(3) A sentence imposed for aggravated murder or murder	1421
pursuant to sections 2929.02 to 2929.06 of the Revised Code is not	1422
subject to review under this section.	1423

(E) A defendant, prosecuting attorney, city director of law,	1424
village solicitor, or chief municipal legal officer shall file an	1425
appeal of a sentence under this section to a court of appeals	1426
within the time limits specified in Rule 4(B) of the Rules of	1427
Appellate Procedure, provided that if the appeal is pursuant to	1428
division (B)(3) of this section, the time limits specified in that	1429
rule shall not commence running until the court grants the motion	1430
that makes the sentence modification in question. A sentence	1431
appeal under this section shall be consolidated with any other	1432
appeal in the case. If no other appeal is filed, the court of	1433
appeals may review only the portions of the trial record that	1434
pertain to sentencing.	1435

(F) On the appeal of a sentence under this section, the	1436
record to be reviewed shall include all of the following, as	1437
applicable:	1438

(1) Any presentence, psychiatric, or other investigative	1439
report that was submitted to the court in writing before the	1440
sentence was imposed. An appellate court that reviews a	1441
presentence investigation report prepared pursuant to section	1442
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in	1443
connection with the appeal of a sentence under this section shall	1444
comply with division (D)(3) of section 2951.03 of the Revised Code	1445
when the appellate court is not using the presentence	1446
investigation report, and the appellate court's use of a	1447
presentence investigation report of that nature in connection with	1448
the appeal of a sentence under this section does not affect the	1449
otherwise confidential character of the contents of that report as	1450
described in division (D)(1) of section 2951.03 of the Revised	1451
Code and does not cause that report to become a public record, as	1452
defined in section 149.43 of the Revised Code, following the	1453
appellate court's use of the report.	1454

(2) The trial record in the case in which the sentence was	1455
imposed;	1456

(3) Any oral or written statements made to or by the court at	1457
the sentencing hearing at which the sentence was imposed;	1458

(4) Any written findings that the court was required to make	1459
in connection with the modification of the sentence pursuant to a	1460
judicial release under division (H) of section 2929.20 of the	1461
Revised Code.	1462

(G)(1) If the sentencing court was required to make the	1463
findings required by division (B) or (D) of section 2929.13,	1464
division (D)(2)(e) or (E)(4) of section 2929.14, or division (H)	1465
of section 2929.20 of the Revised Code relative to the imposition	1466
or modification of the sentence, and if the sentencing court	1467
failed to state the required findings on the record, the court	1468
hearing an appeal under division (A), (B), or (C) of this section	1469
shall remand the case to the sentencing court and instruct the	1470
sentencing court to state, on the record, the required findings.	1471

(2) The court hearing an appeal under division (A), (B), or	1472
(C) of this section shall review the record, including the	1473
findings underlying the sentence or modification given by the	1474
sentencing court.	1475

The appellate court may increase, reduce, or otherwise modify	1476
a sentence that is appealed under this section or may vacate the	1477
sentence and remand the matter to the sentencing court for	1478
resentencing. The appellate court's standard for review is not	1479
whether the sentencing court abused its discretion. The appellate	1480
court may take any action authorized by this division if it	1481
clearly and convincingly finds either of the following:	1482

(a) That the record does not support the sentencing court's	1483
findings under division (B) or (D) of section 2929.13, division	1484
(D)(2)(e) or (E)(4) of section 2929.14, or division (H) of section	1485
2929.20 of the Revised Code, whichever, if any, is relevant;	1486

(b) That the sentence is otherwise contrary to law.

1487

(H) A judgment or final order of a court of appeals under	1488
this section may be appealed, by leave of court, to the supreme	1489
court.	1490

(I)(1) There is hereby established the felony sentence appeal	1491
cost oversight committee, consisting of eight members. One member	1492
shall be the chief justice of the supreme court or a	1493
representative of the court designated by the chief justice, one	1494
member shall be a member of the senate appointed by the president	1495
of the senate, one member shall be a member of the house of	1496
representatives appointed by the speaker of the house of	1497
representatives, one member shall be the director of budget and	1498
management or a representative of the office of budget and	1499
management designated by the director, one member shall be a judge	1500
of a court of appeals, court of common pleas, municipal court, or	1501
county court appointed by the chief justice of the supreme court,	1502
one member shall be the state public defender or a representative	1503
of the office of the state public defender designated by the state	1504
public defender, one member shall be a prosecuting attorney	1505
appointed by the Ohio prosecuting attorneys association, and one	1506
member shall be a county commissioner appointed by the county	1507
commissioners association of Ohio. No more than three of the	1508
appointed members of the committee may be members of the same	1509
political party.	1510

The president of the senate, the speaker of the house of	1511
representatives, the chief justice of the supreme court, the Ohio	1512
prosecuting attorneys association, and the county commissioners	1513
association of Ohio shall make the initial appointments to the	1514
committee of the appointed members no later than ninety days after	1515
July 1, 1996. Of those initial appointments to the committee, the	1516
members appointed by the speaker of the house of representatives	1517
and the Ohio prosecuting attorneys association shall serve a term	1518
ending two years after July 1, 1996, the member appointed by the	1519
chief justice of the supreme court shall serve a term ending three	1520
years after July 1, 1996, and the members appointed by the	1521
president of the senate and the county commissioners association	1522
of Ohio shall serve terms ending four years after July 1, 1996.	1523
Thereafter, terms of office of the appointed members shall be for	1524
four years, with each term ending on the same day of the same	1525
month as did the term that it succeeds. Members may be	1526
reappointed. Vacancies shall be filled in the same manner provided	1527
for original appointments. A member appointed to fill a vacancy	1528
occurring prior to the expiration of the term for which that	1529
member's predecessor was appointed shall hold office as a member	1530
for the remainder of the predecessor's term. An appointed member	1531
shall continue in office subsequent to the expiration date of that	1532
member's term until that member's successor takes office or until	1533
a period of sixty days has elapsed, whichever occurs first.	1534

If the chief justice of the supreme court, the director of	1535
the office of budget and management, or the state public defender	1536
serves as a member of the committee, that person's term of office	1537
as a member shall continue for as long as that person holds office	1538
as chief justice, director of the office of budget and management,	1539
or state public defender. If the chief justice of the supreme	1540
court designates a representative of the court to serve as a	1541
member, the director of budget and management designates a	1542
representative of the office of budget and management to serve as	1543
a member, or the state public defender designates a representative	1544
of the office of the state public defender to serve as a member,	1545
the person so designated shall serve as a member of the commission	1546
for as long as the official who made the designation holds office	1547
as chief justice, director of the office of budget and management,	1548
or state public defender or until that official revokes the	1549
designation.	1550

The chief justice of the supreme court or the representative	1551
of the supreme court appointed by the chief justice shall serve as	1552
chairperson of the committee. The committee shall meet within two	1553
weeks after all appointed members have been appointed and shall	1554
organize as necessary. Thereafter, the committee shall meet at	1555
least once every six months or more often upon the call of the	1556
chairperson or the written request of three or more members,	1557
provided that the committee shall not meet unless moneys have been	1558
appropriated to the judiciary budget administered by the supreme	1559
court specifically for the purpose of providing financial	1560
assistance to counties under division (I)(2) of this section and	1561
the moneys so appropriated then are available for that purpose.	1562

The members of the committee shall serve without	1563
compensation, but, if moneys have been appropriated to the	1564
judiciary budget administered by the supreme court specifically	1565
for the purpose of providing financial assistance to counties	1566
under division (I)(2) of this section, each member shall be	1567
reimbursed out of the moneys so appropriated that then are	1568
available for actual and necessary expenses incurred in the	1569
performance of official duties as a committee member.	1570

(2) The state criminal sentencing commission periodically	1571
shall provide to the felony sentence appeal cost oversight	1572
committee all data the commission collects pursuant to division	1573
(A)(5) of section 181.25 of the Revised Code. Upon receipt of the	1574
data from the state criminal sentencing commission, the felony	1575
sentence appeal cost oversight committee periodically shall review	1576
the data; determine whether any money has been appropriated to the	1577
judiciary budget administered by the supreme court specifically	1578
for the purpose of providing state financial assistance to	1579
counties in accordance with this division for the increase in	1580
expenses the counties experience as a result of the felony	1581
sentence appeal provisions set forth in this section or as a	1582
result of a postconviction relief proceeding brought under	1583
division (A)(2) of section 2953.21 of the Revised Code or an	1584
appeal of a judgment in that proceeding; if it determines that any	1585
money has been so appropriated, determine the total amount of	1586
moneys that have been so appropriated specifically for that	1587
purpose and that then are available for that purpose; and develop	1588
a recommended method of distributing those moneys to the counties.	1589
The committee shall send a copy of its recommendation to the	1590
supreme court. Upon receipt of the committee's recommendation, the	1591
supreme court shall distribute to the counties, based upon that	1592
recommendation, the moneys that have been so appropriated	1593
specifically for the purpose of providing state financial	1594
assistance to counties under this division and that then are	1595
available for that purpose.	1596

Section 2. That existing sections 2929.01, 2929.13, 2929.14,	1597
2941.149, and 2953.08 of the Revised Code are hereby repealed.	1598

Section 3. Sections 2929.01, 2929.13, and 2929.14 of the	1599
Revised Code are presented in this act as a composite of the	1600
sections as amended by both Sub. H.B. 52 and Am. Sub. H.B. 163 of	1601
the 125th General Assembly. Section 2953.08 of the Revised Code is	1602
presented in this act as a composite of the section as amended by	1603
both Sub. H.B. 331 and Am. Sub. S.B. 107 of the 123rd General	1604
Assembly. The General Assembly, applying the principle stated in	1605
division (B) of section 1.52 of the Revised Code that amendments	1606
are to be harmonized if reasonably capable of simultaneous	1607
operation, finds that the composites are the resulting version of	1608
the sections in effect prior to the effective date of the sections	1609
as presented in this act.	1610