| Sec. 2152.17. (A) Subject to division (D) of this
section, | 21 |
|
if a child is adjudicated a delinquent child
for committing
an | 22 |
|
act, other than a violation of section 2923.12 of the Revised | 23 |
|
Code, that would be a felony
if committed by an adult and if the | 24 |
|
court determines that, if the child was an
adult, the child would | 25 |
|
be guilty of a
specification of the type set forth in section | 26 |
|
2941.141, 2941.144,
2941.145, 2941.146, 2941.1412, 2941.1414, or | 27 |
| 2941.1415 of the Revised Code, in
addition to
any commitment or | 28 |
| other disposition the court imposes
for the underlying
delinquent | 29 |
| act, all of the following apply: | 30 |
| (2) If the court determines that the child would be guilty
of | 36 |
| a
specification of the
type set forth in section 2941.145 of
the | 37 |
| Revised Code or if the delinquent act is a violation of division | 38 |
| (A)(1) or (2) of section 2903.06 of the Revised Code and the court | 39 |
| determines that the child would be guilty of a specification of | 40 |
| the type set forth in section 2941.1415 of the Revised Code, the | 41 |
| court
shall
commit the child to the
department of youth services | 42 |
| for the specification for
a definite
period of not less than one | 43 |
| and not more than three
years, and the
court also shall commit the | 44 |
| child to the department for the
underlying delinquent act under | 45 |
| sections 2152.11 to 2152.16 of the
Revised Code. | 46 |
| (3) If the court determines that the child would be guilty
of | 47 |
| a
specification of the type set forth in section 2941.144, | 48 |
|
2941.146, or 2941.1412 of
the Revised Code or if the delinquent | 49 |
| act is a violation of division (A)(1) or (2) of section 2903.06 of | 50 |
| the Revised Code and the court determines that the child would be | 51 |
| guilty of a specification of the type set forth in section | 52 |
| 2941.1414 of the Revised Code, the court shall commit the child to | 53 |
|
the
department of youth services for the specification for a | 54 |
|
definite
period of not less than one and not more than five years, | 55 |
|
and the court also
shall commit the
child to the department for | 56 |
|
the underlying delinquent act under
sections 2152.11 to 2152.16 of | 57 |
|
the Revised Code. | 58 |
| (C) If a child is adjudicated a delinquent child for | 62 |
|
committing
an act that would be aggravated murder, murder, or a | 63 |
|
first, second, or third
degree felony offense of
violence if | 64 |
|
committed by an adult and if the court
determines that, if the | 65 |
|
child was an adult, the child would be
guilty of a specification | 66 |
|
of the type set forth in section
2941.142 of the Revised Code in | 67 |
|
relation to the act for which the
child was adjudicated a | 68 |
|
delinquent child, the court shall commit
the child for the | 69 |
|
specification to the legal custody of the
department of youth | 70 |
|
services for institutionalization in a secure
facility for a | 71 |
|
definite period of not less than one and not more than three | 72 |
|
years, subject to division
(D)(2) of this section, and the
court | 73 |
|
also
shall commit the child to the department for the underlying | 74 |
|
delinquent act. | 75 |
| (D)(1) If the child is adjudicated a
delinquent child for | 76 |
|
committing an act that would be an offense of
violence that is a | 77 |
|
felony if committed by an adult and is
committed to the legal | 78 |
|
custody of the department of youth services
pursuant to division | 79 |
|
(A)(1) of
section
2152.16 of the Revised Code
and
if
the court | 80 |
|
determines
that the child, if the child was an
adult, would be | 81 |
|
guilty of a
specification of the type set forth in
section | 82 |
|
2941.1411 of the
Revised Code in relation to the act for
which the | 83 |
|
child was
adjudicated a delinquent child, the court may
commit the | 84 |
|
child to
the custody of the department of youth
services for | 85 |
|
institutionalization in a secure facility for
up to
two
years, | 86 |
|
subject
to
division
(D)(2) of this section. | 87 |
| (2) A court that imposes a period of commitment under | 88 |
|
division
(A) of this section is not
precluded from imposing
an | 89 |
|
additional period of commitment under division
(C) or
(D)(1)
of | 90 |
|
this section, a
court that imposes a
period of
commitment under | 91 |
|
division
(C) of this
section is
not
precluded from imposing
an | 92 |
|
additional period of commitment under
division (A) or
(D)(1)
of | 93 |
|
this
section, and a court that
imposes a period of commitment | 94 |
|
under division
(D)(1) of
this
section is not precluded from | 95 |
|
imposing an additional period
of commitment
under division
(A) or | 96 |
|
(C) of
this section. | 97 |
| (E) The court shall not commit a child to the legal custody | 98 |
|
of
the department of youth services for
a specification
pursuant | 99 |
|
to
this section for a period that
exceeds five years
for
any
one | 100 |
|
delinquent act. Any
commitment imposed pursuant to
division (A), | 101 |
|
(B), (C), or
(D)(1) of this
section shall be in addition to,
and | 102 |
|
shall be
served consecutively with and
prior to, a period of | 103 |
|
commitment
ordered under this chapter for the underlying | 104 |
|
delinquent act, and
each commitment imposed
pursuant to division | 105 |
|
(A), (B), (C), or
(D)(1) of
this
section shall be in
addition
to, | 106 |
|
and
shall be
served
consecutively with, any other period of | 107 |
|
commitment
imposed
under
those
divisions. If a commitment is | 108 |
|
imposed under
division
(A) or
(B) of this section and a commitment | 109 |
|
also is
imposed under
division
(C) of
this section, the period | 110 |
|
imposed
under division
(A) or (B)
of this section
shall be served | 111 |
|
prior to
the period
imposed under division (C) of
this section. | 112 |
| (F) If a child is adjudicated a delinquent child for | 120 |
|
committing
two or more acts that would be felonies if committed by | 121 |
|
an adult and if the
court entering the delinquent child | 122 |
|
adjudication
orders the commitment of the child for two or more of | 123 |
|
those acts
to the legal custody of the department of youth | 124 |
|
services for
institutionalization in a secure facility pursuant to | 125 |
|
section
2152.13 or 2152.16
of the Revised Code, the court may | 126 |
|
order that all of the periods of commitment imposed under those | 127 |
|
sections for those acts be served consecutively in the legal | 128 |
|
custody of the
department of youth services, provided that those | 129 |
|
periods of commitment shall
be in addition to and
commence | 130 |
|
immediately following the expiration of a period of commitment | 131 |
|
that the court
imposes pursuant to division (A), (B), (C), or | 132 |
|
(D)(1) of
this section. A court shall not commit a delinquent | 133 |
|
child to
the
legal
custody of the department of youth services | 134 |
|
under this
division for a period that exceeds the child's | 135 |
|
attainment of
twenty-one
years of age. | 136 |
(G) If a child is adjudicated a delinquent child for | 137 |
committing
an act that if committed by an adult would be | 138 |
aggravated murder, murder, rape,
felonious sexual penetration in | 139 |
violation of
former section 2907.12 of the Revised Code, | 140 |
involuntary
manslaughter, a felony of the first or second degree | 141 |
resulting in
the death of or physical harm to a person, complicity | 142 |
in or an
attempt to commit any of those offenses, or an offense | 143 |
under an
existing or former law of this state that is or was | 144 |
substantially
equivalent to any of those offenses and if the court | 145 |
in its order of
disposition for that act commits the child to the | 146 |
custody of the department of
youth services, the adjudication | 147 |
shall be considered a conviction for purposes of a future | 148 |
determination
pursuant to Chapter 2929. of the Revised Code as to | 149 |
whether the child, as an adult, is a repeat violent offender. | 150 |
| Sec. 2152.192. If a court or child welfare agency places a | 151 |
| delinquent child in an institution or association, as defined in | 152 |
| section 5103.02 of the Revised Code, that is certified by the | 153 |
| department of job and family services pursuant to section 5103.03 | 154 |
| of the Revised Code and if that child has been adjudicated | 155 |
| delinquent for committing an act that is a sexually oriented | 156 |
| offense in either a prior delinquency adjudication or in the most | 157 |
| recent delinquency adjudication, the court or child welfare agency | 158 |
| shall notify the operator of the institution or association and | 159 |
| the sheriff of the county in which the institution or association | 160 |
| is located that the child has been adjudicated delinquent for | 161 |
| committing an act that is a sexually oriented offense. | 162 |
| Sec. 2901.08. (A) If a person is alleged to have committed an | 163 |
| offense and if
the
person previously has been adjudicated a | 164 |
| delinquent child or juvenile traffic
offender for a violation of a | 165 |
| law or ordinance, except as provided in division (B) of this | 166 |
| section, the adjudication as a
delinquent child or as a juvenile | 167 |
| traffic offender is a conviction for a
violation of the law or | 168 |
| ordinance for purposes of determining the offense with
which the | 169 |
| person should be charged and, if the person is convicted of or | 170 |
|
pleads guilty to an offense, the sentence to be imposed upon the | 171 |
| person
relative to the conviction or guilty plea. | 172 |
| (D) Whoever violates this section is guilty of felonious | 205 |
| assault,
a felony of
the second degree. If the victim of a | 206 |
| violation of
division (A) of this section is a peace officer, | 207 |
| felonious assault
is a
felony
of the first degree. If the victim | 208 |
| of the offense is a peace officer, as
defined in section 2935.01 | 209 |
| of the Revised Code, and if the victim suffered
serious physical | 210 |
| harm as a result of the commission of the offense, felonious | 211 |
|
assault is a felony of the first degree, and the court, pursuant | 212 |
| to division
(F) of section 2929.13 of the Revised Code, shall | 213 |
| impose as a mandatory prison
term one of the prison terms | 214 |
| prescribed for a felony of the first degree. | 215 |
| (3) "Sexual conduct" has the same meaning as in section | 221 |
| 2907.01 of the Revised Code,
except that, as used in this section, | 222 |
| it does not include the insertion of an
instrument, apparatus, or | 223 |
| other object that is not a part of the body into the
vaginal or | 224 |
anal cavityopening of another, unless the offender knew at the | 225 |
| time of the
insertion that the instrument, apparatus, or other | 226 |
| object carried the
offender's bodily fluid. | 227 |
| (A) "Sexual conduct" means vaginal intercourse between a
male | 230 |
| and female; anal intercourse, fellatio, and
cunnilingus
between | 231 |
| persons regardless of sex; and, without privilege to do
so, the | 232 |
| insertion, however slight, of any part of the body or any | 233 |
|
instrument, apparatus, or other object
into the vaginal or anal | 234 |
cavityopening of another. Penetration, however slight, is | 235 |
|
sufficient to
complete vaginal or anal intercourse. | 236 |
| (5) It contains a series of displays or descriptions of | 276 |
|
sexual activity, masturbation, sexual excitement, nudity, | 277 |
|
bestiality, extreme or bizarre violence, cruelty, or brutality,
or | 278 |
|
human bodily functions of elimination, the cumulative effect
of | 279 |
|
which is a dominant tendency to appeal to prurient or
scatological | 280 |
|
interest, when the appeal to such an interest is
primarily for its | 281 |
|
own sake or for commercial exploitation, rather
than primarily for | 282 |
|
a genuine scientific, educational,
sociological, moral, or | 283 |
|
artistic purpose. | 284 |
| (J) "Material" means
any book, magazine,
newspaper,
pamphlet, | 295 |
| poster, print, picture, figure, image,
description,
motion picture | 296 |
| film, phonographic record, or tape, or
other
tangible thing | 297 |
| capable of arousing interest through sight,
sound,
or touch
and | 298 |
| includes an image or text appearing on a
computer
monitor, | 299 |
|
television
screen, liquid crystal display, or
similar
display | 300 |
|
device or an image or text
recorded on a computer
hard
disk, | 301 |
| computer
floppy disk, compact
disk, magnetic tape, or
similar data | 302 |
|
storage
device. | 303 |
(1) Except as otherwise provided in this
section, agross | 415 |
| sexual imposition committed in violation of division (A)(1),
(2), | 416 |
| (3), or
(5) of this section is a felony of the fourth degree.
If | 417 |
| the offender under
division
(A)(2) of this section substantially | 418 |
| impairs
the judgment or control of the other person or one of the | 419 |
| other persons by
administering any controlled substance described | 420 |
| in section 3719.41 of the
Revised Code
to the person | 421 |
surreptitiously or by force, threat of force, or deception, a | 422 |
| gross sexual imposition committed in
violation of
division (A)(2) | 423 |
of this section is a felony of
the third degree. A | 424 |
| (2) Gross sexual imposition committed in
violation of | 425 |
| division (A)(4) of this section is a felony of the third
degree. | 426 |
| Except as otherwise provided in this division, for gross sexual | 427 |
| imposition committed in violation of division (A)(4) of this | 428 |
| section there is a presumption that a prison term shall be imposed | 429 |
| for the offense. The court shall impose on an offender convicted | 430 |
| of gross sexual imposition in violation of division (A)(4) of this | 431 |
| section a mandatory prison term equal to one of the prison terms | 432 |
| prescribed in section 2929.14 of the Revised Code for a felony of | 433 |
| the third degree if either of the following applies: | 434 |
| (D) Evidence of specific instances of the victim's sexual | 443 |
|
activity, opinion evidence of the victim's sexual activity, and | 444 |
|
reputation evidence of the victim's sexual activity shall not be | 445 |
|
admitted under this section unless it involves evidence of the | 446 |
|
origin of semen, pregnancy, or disease, or the victim's past | 447 |
|
sexual activity with the offender, and only to the extent that
the | 448 |
| court finds that the evidence is material to a fact at issue
in | 449 |
| the case and that its inflammatory or prejudicial nature does
not | 450 |
| outweigh its probative value. | 451 |
| Evidence of specific instances of the defendant's sexual | 452 |
|
activity, opinion evidence of the defendant's sexual activity,
and | 453 |
| reputation evidence of the defendant's sexual activity shall
not | 454 |
| be admitted under this section unless it involves evidence of
the | 455 |
| origin of semen, pregnancy, or disease, the defendant's past | 456 |
|
sexual activity with the victim, or is admissible against the | 457 |
|
defendant under section 2945.59 of the Revised Code, and only to | 458 |
|
the extent that the court finds that the evidence is material to
a | 459 |
| fact at issue in the case and that its inflammatory or
prejudicial | 460 |
| nature does not outweigh its probative value. | 461 |
| Sec. 2919.26. (A)(1) Upon the filing of a complaint that | 474 |
|
alleges a violation of section 2909.06, 2909.07, 2911.12, or | 475 |
|
2911.211 of the Revised Code if the alleged victim of the | 476 |
| violation was a family
or household member at the time of the | 477 |
| violation, a violation of a
municipal ordinance that is | 478 |
| substantially
similar to any of those sections if the alleged | 479 |
| victim of the violation was a
family or household member
at the | 480 |
time of the violation, or any offense of violence if the alleged | 481 |
| victim of the offense was a family or household member at the time | 482 |
| of the commission of the offense, or any sexually oriented | 483 |
| offense, the
complainant, the alleged victim,
or a family or | 484 |
| household member of
an alleged victim
may file, or,
if in an | 485 |
| emergency the alleged victim
is unable to
file, a person
who made | 486 |
| an arrest for the alleged violation or offense under
section | 487 |
| 2935.03
of the Revised Code may file on behalf of the
alleged | 488 |
| victim, a
motion that requests the issuance
of a temporary | 489 |
|
protection order
as a pretrial condition of release of the
alleged | 490 |
| offender, in
addition to any bail set under Criminal Rule
46. The | 491 |
| motion shall
be filed with the clerk of the court that
has | 492 |
| jurisdiction of the
case at any time after the filing of the | 493 |
|
complaint. | 494 |
| A complaint, a copy of which has been attached to this | 519 |
|
motion, has been filed in this court charging the named defendant | 520 |
|
with .......................... (name of the specified violation | 521 |
| or the offense of violence charged) in circumstances in which the | 522 |
| victim was a family
or household member in violation of (section
| 523 |
| of the Revised Code designating the specified violation or offense | 524 |
| of violence charged), or charging the named defendant with
a | 525 |
|
violation of a municipal ordinance that is substantially similar | 526 |
|
to ........................ (section
of the Revised Code | 527 |
| designating the specified violation or offense of violence | 528 |
| charged) involving a family or
household member. | 529 |
| I understand that I must appear before the court, at a time | 530 |
|
set by the court within twenty-four hours after the filing of
this | 531 |
|
motion, for a hearing on the motion or that, if I am unable to | 532 |
|
appear
because of hospitalization or a medical condition resulting | 533 |
|
from the offense
alleged in the complaint, a person who can | 534 |
|
provide information about my need
for a temporary protection order | 535 |
|
must appear before the court in lieu of my
appearing in court. I | 536 |
|
understand that any temporary
protection order granted pursuant to | 537 |
|
this motion is a pretrial
condition of release and is effective | 538 |
|
only until the disposition
of the criminal proceeding arising out | 539 |
|
of the attached complaint,
or the issuance of a civil protection | 540 |
|
order or the approval of a
consent agreement, arising out of the | 541 |
|
same activities as those
that were the basis of the complaint, | 542 |
|
under section 3113.31 of
the Revised Code. | 543 |
| (C)(1) As soon as possible after the filing of a motion that | 551 |
|
requests the issuance of a temporary protection order, but not | 552 |
|
later than twenty-four hours after the filing of the motion, the | 553 |
|
court shall conduct a hearing to determine whether to issue the | 554 |
|
order. The person who requested the order shall appear before
the | 555 |
|
court and provide the court with the information that it
requests | 556 |
|
concerning the basis of the motion. If the person who requested | 557 |
|
the
order is unable to appear and if the court finds that the | 558 |
|
failure to appear is
because of the person's hospitalization or | 559 |
|
medical condition resulting from
the offense alleged in the | 560 |
|
complaint, another person who is able to provide
the court with | 561 |
|
the information it requests may appear in lieu of the person
who | 562 |
|
requested the order. If the court finds that the safety and | 563 |
|
protection of
the complainant, alleged victim, or any other family | 564 |
or household member of the alleged offendervictim may be impaired | 565 |
| by
the
continued presence of the alleged offender, the court may | 566 |
|
issue a
temporary protection order, as a pretrial condition of | 567 |
|
release,
that contains terms designed to ensure the safety and | 568 |
|
protection
of the complainant, alleged victim, or the
family or | 569 |
| household
member,
including a requirement that the alleged | 570 |
| offender refrain
from
entering the residence, school, business, or | 571 |
| place of
employment
of the complainant, alleged victim, or the | 572 |
| family or
household member. | 573 |
| (2)(a) If the court issues a temporary protection order that | 574 |
|
includes a
requirement that the alleged offender refrain from | 575 |
|
entering the residence,
school, business, or place of employment | 576 |
|
of the complainant, the
alleged victim, or the family or
household | 577 |
|
member, the order shall state clearly that the order cannot be | 578 |
|
waived or nullified by an invitation to the alleged offender from | 579 |
|
the
complainant, alleged victim, or family or household
member to | 580 |
|
enter the residence, school,
business, or place of employment or | 581 |
|
by the alleged offender's entry into one
of those places otherwise | 582 |
|
upon the consent of the complainant,
alleged victim, or family or | 583 |
|
household member. | 584 |
| (D)(1) Upon the filing of a complaint that alleges
a | 593 |
| violation
of section 2909.06, 2909.07, 2911.12, or
2911.211 of
the | 594 |
| Revised Code if the alleged victim of the violation was a
family | 595 |
| or household
member at the time of the violation, a violation of a | 596 |
| municipal ordinance
that is substantially similar
to any of those | 597 |
| sections if the alleged victim of the violation was a family or | 598 |
household member at
the time
of the violation, or any offense of | 599 |
| violence if the alleged victim of the offense was a family or | 600 |
| household member at the time of the commission of the offense, or | 601 |
| any sexually oriented offense, the court, upon its own
motion, may | 602 |
| issue a
temporary protection order as a pretrial
condition of | 603 |
| release if
it finds that the safety and protection
of the | 604 |
| complainant,
alleged victim, or other family or
household member | 605 |
| of the
alleged
offender may be impaired by the continued presence | 606 |
| of the
alleged
offender. | 607 |
| (2) If the court issues a temporary protection order under | 608 |
|
this section as an ex parte order, it shall conduct, as soon as | 609 |
|
possible after the issuance of the order, a hearing in the | 610 |
|
presence of the
alleged offender not later than the next day on | 611 |
|
which the court is scheduled
to conduct business after the day on | 612 |
|
which the alleged offender was arrested
or at the time of the | 613 |
|
appearance of the alleged offender pursuant to summons
to | 614 |
|
determine whether the order should remain in effect, be modified, | 615 |
|
or be
revoked. The hearing shall be conducted under the standards | 616 |
|
set
forth in division (C) of this section. | 617 |
| (4) If a municipal court or a county
court issues a
temporary | 621 |
| protection order under this section and
if, subsequent
to the | 622 |
| issuance of the order, the alleged
offender who is the
subject of | 623 |
| the order is bound over to the
court of common pleas
for | 624 |
| prosecution of a felony arising out of
the same activities as | 625 |
|
those that were the basis of the
complaint upon which the order is | 626 |
|
based, notwithstanding the
fact that the order was issued by a | 627 |
|
municipal court or county
court, the order shall remain in effect, | 628 |
|
as though it were an order of the
court of common pleas, while the | 629 |
|
charges
against the alleged offender are pending in the court of | 630 |
|
common
pleas, for the period of time described in division
(E)(2) | 631 |
|
of this section, and the court of common pleas has exclusive | 632 |
|
jurisdiction to modify the order issued by the municipal court or | 633 |
|
county
court.
This
division applies when the alleged offender is | 634 |
|
bound over to the
court of common pleas as a result of the person | 635 |
|
waiving a
preliminary hearing on the felony charge, as a result of | 636 |
|
the
municipal court or county court having determined at a | 637 |
|
preliminary hearing that there is probable cause to believe that | 638 |
|
the felony has been committed and that the alleged offender | 639 |
|
committed it, as a result of the alleged offender having been | 640 |
|
indicted for the felony, or in any other manner. | 641 |
| (G)(1) A copy of any temporary protection order that is | 667 |
|
issued under this section shall be issued by the court to the | 668 |
|
complainant, to the alleged victim, to the person who requested | 669 |
|
the
order, to the defendant, and to all law enforcement
agencies | 670 |
|
that have jurisdiction to enforce the order. The court
shall | 671 |
|
direct that a copy of the order be delivered to the
defendant on | 672 |
|
the same day that the order is entered. If a municipal court
or a | 673 |
|
county court issues a temporary
protection order under this | 674 |
|
section and if, subsequent to the
issuance of the order, the | 675 |
|
defendant who is the subject of the
order is bound over to the | 676 |
|
court of common pleas for prosecution
as described in division | 677 |
|
(D)(4)
of this section, the municipal court or county court shall | 678 |
|
direct that a copy of the order be delivered to the court of | 679 |
|
common pleas to which the defendant is bound over. | 680 |
| (3) A complainant, alleged victim, or other person who | 687 |
|
obtains
a temporary protection
order under this section may | 688 |
|
provide notice of the issuance of
the temporary protection order | 689 |
|
to the judicial and law
enforcement officials in any county other | 690 |
|
than the county in
which the order is issued by registering that | 691 |
|
order in the other
county in accordance with division (N) of | 692 |
|
section 3113.31
of the Revised Code and filing a copy of the | 693 |
|
registered protection order with a law enforcement agency in the | 694 |
|
other county in accordance with that division. | 695 |
| (b) The court determines that both the
complainant, alleged | 724 |
|
victim, or other family or household
member
in question who
would | 725 |
|
be required under the order to do or refrain from doing the
act | 726 |
|
and the defendant acted primarily as aggressors, that neither
the | 727 |
|
complainant, alleged victim, or other family or
household member | 728 |
|
in question
who would be required under the order to do or refrain | 729 |
|
from doing
the act nor the defendant acted primarily in | 730 |
|
self-defense, and,
in accordance with the standards and criteria | 731 |
|
of this section as
applied in relation to the separate complaint | 732 |
|
filed by the
defendant, that it should issue the order to require | 733 |
|
the
complainant, alleged victim, or other family or household | 734 |
|
member in question to do
or refrain from doing the act. | 735 |
| (J) Notwithstanding any provision of law to the
contrary
and | 736 |
|
regardless of whether a protection order is issued or a consent | 737 |
|
agreement is approved by a court of
another county or a court of | 738 |
|
another state, no
court
or unit of state or local government shall | 739 |
|
charge
any fee, cost, deposit, or money in connection with
the | 740 |
| filing of a motion
pursuant to
this section, in connection
with | 741 |
| the filing, issuance,
registration, or service of a
protection | 742 |
| order or consent agreement, or for obtaining a
certified copy of a | 743 |
| protection order or consent agreement. | 744 |
| (F) "Community control sanction"
means a sanction that is
not | 787 |
| a prison term and that is described
in section 2929.15,
2929.16, | 788 |
| 2929.17, or 2929.18 of the Revised
Code
or a sanction
that is not | 789 |
| a jail term and that is described in
section 2929.26,
2929.27, or | 790 |
| 2929.28 of the Revised Code.
"Community control
sanction" | 791 |
| includes probation if the sentence involved was
imposed
for a | 792 |
| felony that was committed prior to July 1, 1996, or if
the | 793 |
|
sentence involved was imposed for a misdemeanor that was committed | 794 |
|
prior
to January 1, 2004. | 795 |
| (R) "Intensive probation supervision" means a
requirement | 854 |
|
that an offender maintain frequent contact with a
person appointed | 855 |
|
by the court, or by the parole board pursuant to section
2967.28 | 856 |
|
of the Revised Code, to supervise the offender while the
offender | 857 |
|
is seeking or maintaining necessary employment and
participating | 858 |
|
in training, education, and treatment programs as
required in the | 859 |
|
court's or parole board's order. "Intensive
probation
supervision" | 860 |
| includes intensive parole supervision and intensive
post-release | 861 |
| control supervision. | 862 |
| (U) "Mandatory jail term" means the term in a jail that a | 872 |
|
sentencing court is required to impose pursuant to division (G) of | 873 |
|
section 1547.99 of the Revised Code, division (E) of section | 874 |
| 2903.06 or division (D) of section 2903.08 of the Revised Code, | 875 |
| division (E) of section 2929.24 of the Revised Code, division (B) | 876 |
|
of section
4510.14 of the Revised Code, or division
(G) of section | 877 |
| 4511.19 of
the Revised Code or pursuant to any other provision of | 878 |
| the
Revised
Code that requires a term in a jail for a misdemeanor | 879 |
|
conviction. | 880 |
| (W) "License violation report" means
a report that is made
by | 883 |
| a sentencing court, or by the parole board pursuant
to section | 884 |
|
2967.28 of the Revised Code, to the regulatory or
licensing board | 885 |
|
or agency that issued an offender a professional
license or a | 886 |
|
license or permit to do business
in this state and that specifies | 887 |
|
that the offender has been
convicted of or pleaded guilty to an | 888 |
|
offense that may violate the
conditions under which the offender's | 889 |
|
professional license or
license or permit to do business in this | 890 |
|
state was granted or an offense
for which the offender's | 891 |
|
professional license or license or permit to do
business in this | 892 |
|
state may be revoked or suspended. | 893 |
| (X) "Major drug offender" means an
offender who is convicted | 894 |
|
of or pleads guilty to the possession
of, sale of, or offer to | 895 |
|
sell any drug, compound, mixture,
preparation, or substance that | 896 |
|
consists of or contains at least
one thousand grams of hashish; at | 897 |
|
least one hundred
grams of crack cocaine; at least one thousand | 898 |
|
grams of cocaine that is not
crack cocaine; at least two thousand | 899 |
|
five hundred unit doses or two
hundred fifty grams of
heroin; at | 900 |
|
least five thousand unit doses of
L.S.D. or five hundred grams of | 901 |
|
L.S.D. in a
liquid concentrate, liquid extract, or liquid | 902 |
|
distillate form; or at least
one hundred times the
amount of any | 903 |
|
other schedule I or II controlled
substance other than marihuana | 904 |
|
that is necessary to commit a
felony of the third degree pursuant | 905 |
|
to section 2925.03, 2925.04,
2925.05, or 2925.11 of the Revised | 906 |
|
Code
that is based on the possession of, sale of, or offer to sell | 907 |
|
the
controlled substance. | 908 |
| (1) Subject to division (Y)(2) of this section,
the term in | 910 |
|
prison that must be imposed for the offenses or
circumstances set | 911 |
|
forth in divisions (F)(1) to (8) or
(F)(12) to (14) of section | 912 |
|
2929.13 and
division (D) of section 2929.14 of the
Revised Code. | 913 |
| Except as
provided in sections
2925.02, 2925.03, 2925.04, 2925.05, | 914 |
| and
2925.11 of the
Revised Code, unless the maximum or another | 915 |
|
specific term is required under section 2929.14 of the
Revised | 916 |
|
Code, a mandatory prison term described in this division may be | 917 |
|
any prison term authorized for the level of offense. | 918 |
(a) Aggravated murder,
murder, involuntary manslaughter, a | 959 |
any felony of the first or second degree
other than one set forth | 960 |
in Chapter 2925. of the Revised
Code, a
felony of the first degree | 961 |
set forth in Chapter
2925. of the
Revised Code that involved an | 962 |
attempt
to cause serious physical
harm to a person or that | 963 |
resulted in serious
physical harm to a
person, or a
felony of the | 964 |
second degree that involved an attempt
to cause serious physical | 965 |
harm to a person
or that resulted in
serious physical harm to a | 966 |
personthat is an offense of violence, or an attempt to commit any | 967 |
| of these offenses if the attempt is a felony of the first or | 968 |
| second degree; | 969 |
| (GG) "Stated prison term" means the
prison term, mandatory | 1003 |
|
prison term, or combination of all
prison terms and mandatory | 1004 |
|
prison terms imposed by the
sentencing court pursuant to section | 1005 |
|
2929.14 or 2971.03 of the
Revised Code. "Stated prison term" | 1006 |
|
includes any credit received by the offender for time spent in | 1007 |
|
jail awaiting trial, sentencing, or transfer to prison for the | 1008 |
|
offense and any time spent under house arrest or
house arrest
with | 1009 |
| electronic monitoring imposed after
earning credits pursuant to | 1010 |
|
section 2967.193 of the Revised Code. | 1011 |
|
(a) The device has a transmitter that can be attached to a | 1067 |
|
person, that will transmit a specified signal to a receiver of the | 1068 |
|
type described in division (VV)(1)(b) of this section if the | 1069 |
|
transmitter is removed from the person, turned off, or altered in | 1070 |
|
any manner without prior court approval in relation to electronic | 1071 |
|
monitoring or without prior approval of the department of | 1072 |
|
rehabilitation and correction in relation to the use of an | 1073 |
|
electronic monitoring device for an inmate on transitional control | 1074 |
|
or otherwise is tampered with, that can transmit continuously and | 1075 |
|
periodically a signal to that receiver when the person is within a | 1076 |
|
specified distance from the receiver, and that can transmit an | 1077 |
|
appropriate signal to that receiver if the person to whom it is | 1078 |
|
attached travels a specified distance from that receiver. | 1079 |
|
(b) The device includes a transmitter and receiver that can | 1101 |
|
determine at any time, or at a designated point in time, through | 1102 |
|
the use of a central monitoring computer or other electronic means | 1103 |
|
the fact that the transmitter is turned off or altered in any | 1104 |
|
manner without prior approval of the court in relation to the | 1105 |
|
electronic monitoring or without prior approval of the department | 1106 |
|
of rehabilitation and correction in relation to the use of an | 1107 |
|
electronic monitoring device for an inmate on transitional control | 1108 |
|
or otherwise is tampered with. | 1109 |
| (WW) "Non-economic loss" means nonpecuniary harm suffered by | 1115 |
| a victim of an offense as a result of or related to the commission | 1116 |
| of the offense, including, but not limited to, pain and suffering; | 1117 |
| loss of society, consortium, companionship, care, assistance, | 1118 |
| attention, protection, advice, guidance, counsel, instruction, | 1119 |
| training, or education; mental anguish; and any other intangible | 1120 |
| loss. | 1121 |
| (ZZ) A person is "adjudicated a sexually violent predator" if | 1128 |
| the person is convicted of or pleads guilty to a violent sex | 1129 |
| offense and also is convicted of or pleads guilty to a sexually | 1130 |
| violent predator specification that was included in the | 1131 |
| indictment, count in the indictment, or information charging that | 1132 |
| violent sex offense or if the person is convicted of or pleads | 1133 |
| guilty to a designated homicide, assault, or kidnapping offense | 1134 |
| and also is convicted of or pleads guilty to both a sexual | 1135 |
| motivation specification and a sexually violent predator | 1136 |
| specification that were included in the indictment, count in the | 1137 |
| indictment, or information charging that designated homicide, | 1138 |
| assault, or kidnapping offense. | 1139 |
| If the offender is eligible to be sentenced to community | 1148 |
|
control sanctions,
the court shall consider the
appropriateness of | 1149 |
|
imposing a financial sanction pursuant to
section 2929.18 of the | 1150 |
|
Revised Code or
a sanction of community service
pursuant to | 1151 |
|
section 2929.17 of the Revised Code
as the sole sanction for the | 1152 |
|
offense. Except as otherwise provided in this
division, if the | 1153 |
|
court is required
to impose a mandatory prison term for the | 1154 |
|
offense for which
sentence is being imposed, the court also may | 1155 |
|
impose a financial
sanction pursuant to section 2929.18 of the | 1156 |
|
Revised
Code but may not impose any additional sanction or | 1157 |
|
combination of sanctions under section 2929.16 or 2929.17 of the | 1158 |
|
Revised Code. | 1159 |
| (1) For a fourth degree felony OVI offense for which
sentence | 1168 |
| is
imposed under division (G)(1) of this section, an
additional | 1169 |
|
community control sanction
or combination of community
control | 1170 |
| sanctions under section 2929.16 or 2929.17
of the Revised
Code. If | 1171 |
| the court imposes upon the offender a community control sanction | 1172 |
| and the offender violates any condition of the community control | 1173 |
| sanction, the court may take any action prescribed in division (B) | 1174 |
| of section 2929.15 of the Revised Code relative to the offender, | 1175 |
| including imposing a prison term on the offender pursuant to that | 1176 |
| division. | 1177 |
| (2)(a) If the court makes a finding
described in division | 1215 |
|
(B)(1)(a), (b), (c), (d), (e), (f), (g),
(h), or (i) of this | 1216 |
|
section and if the court, after
considering the factors set forth | 1217 |
|
in section 2929.12 of the
Revised Code, finds that a prison term | 1218 |
|
is consistent with the purposes and principles of sentencing set | 1219 |
|
forth in section 2929.11 of the Revised
Code and finds that the | 1220 |
|
offender is not amenable to an available
community control | 1221 |
|
sanction, the court shall impose a
prison term upon the offender. | 1222 |
| (b) Except as provided in division (E), (F), or (G) of this | 1223 |
|
section, if the
court does not make a
finding described in | 1224 |
|
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or
(i) of | 1225 |
|
this section and if the court, after
considering the factors set | 1226 |
|
forth in section 2929.12 of the
Revised
Code, finds that a | 1227 |
|
community
control sanction or combination of community control | 1228 |
|
sanctions
is consistent with the purposes and principles of | 1229 |
|
sentencing set
forth in section 2929.11 of the
Revised
Code, the | 1230 |
|
court shall impose a
community control sanction or combination of | 1231 |
|
community control
sanctions upon the offender. | 1232 |
| (C) Except as provided in division (D), (E), (F), or (G) of | 1233 |
| this
section, in
determining whether to impose a prison
term as a | 1234 |
|
sanction for a felony of the
third degree or a felony drug offense | 1235 |
|
that is a
violation of a provision of
Chapter 2925. of the
Revised | 1236 |
|
Code and that is specified as
being subject to this division for | 1237 |
|
purposes of sentencing, the
sentencing court shall comply with the | 1238 |
|
purposes and principles
of sentencing under section 2929.11 of the | 1239 |
|
Revised
Code and with section 2929.12
of the Revised Code. | 1240 |
| (D)(1) Except as provided in division (E)
or (F) of this | 1241 |
section, for a felony of the first or
second degree and, for a | 1242 |
|
felony drug offense that is a violation
of any provision of | 1243 |
|
Chapter 2925., 3719., or 4729. of the
Revised Code for which a | 1244 |
|
presumption in favor of
a prison term is specified as being | 1245 |
|
applicable, and for a violation of division (A)(4) of section | 1246 |
| 2907.05 of the Revised Code for which a presumption in favor of a | 1247 |
| prison term is specified as being applicable, it is presumed
that | 1248 |
| a prison term is necessary in
order to comply
with the purposes | 1249 |
| and principles of sentencing
under section 2929.11 of the
Revised | 1250 |
Code. NotwithstandingDivision (D)(2) of this section does not | 1251 |
| apply to a presumption established under this division for a | 1252 |
| violation of division (A)(4) of section 2907.05 of the Revised | 1253 |
| Code. | 1254 |
(2) Notwithstanding the
presumption established
under this | 1255 |
| division (D)(1) of this section for the offenses listed in that | 1256 |
| division other than a violation of division (A)(4) of section | 1257 |
| 2907.05 of the Revised Code, the sentencing court
may
impose a | 1258 |
| community control sanction or a combination of
community control | 1259 |
|
sanctions instead of a prison term on an
offender for a felony of | 1260 |
| the first or
second degree or for a
felony drug offense that is a | 1261 |
| violation of any
provision of
Chapter 2925., 3719., or 4729. of | 1262 |
| the Revised Code for which a
presumption in favor of a prison term | 1263 |
| is specified as being
applicable if
it makes both of
the following | 1264 |
| findings: | 1265 |
| (E)(1) Except as provided in division
(F) of this section, | 1280 |
|
for any drug offense that is a
violation of any provision of | 1281 |
|
Chapter 2925.
of the Revised Code and that is a felony of the | 1282 |
|
third, fourth, or fifth degree, the applicability of a
presumption | 1283 |
|
under division (D) of this section in favor of a prison
term or of | 1284 |
|
division (B) or (C) of this section in
determining
whether to | 1285 |
|
impose a prison term for the offense shall be
determined as | 1286 |
|
specified in section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, | 1287 |
|
2925.11, 2925.13, 2925.22, 2925.23,
2925.36, or
2925.37
of the | 1288 |
|
Revised Code,
whichever is applicable regarding the
violation. | 1289 |
| (F) Notwithstanding divisions (A) to
(E) of this section,
the | 1304 |
| court shall impose a prison
term or terms under sections
2929.02 | 1305 |
| to 2929.06, section 2929.14, or section
2971.03 of the
Revised | 1306 |
| Code and except as specifically provided in
section
2929.20 or | 1307 |
| 2967.191 of the Revised Code or when parole is
authorized for the | 1308 |
| offense under section 2967.13 of the Revised
Code shall not reduce | 1309 |
| the terms pursuant to section 2929.20,
section
2967.193, or any | 1310 |
| other provision of
Chapter 2967. or
Chapter 5120. of
the Revised | 1311 |
| Code for any of the following
offenses: | 1312 |
| (5) A first, second, or third degree felony drug
offense for | 1343 |
|
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, | 1344 |
|
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or | 1345 |
|
4729.99 of the Revised Code, whichever is
applicable regarding the | 1346 |
|
violation, requires the imposition of a
mandatory prison term; | 1347 |
| (6) Any offense that is a first or second degree felony
and | 1348 |
|
that is not set forth in division (F)(1), (2), (3), or (4)
of this | 1349 |
|
section, if the offender previously was convicted of or
pleaded | 1350 |
|
guilty to aggravated murder, murder, any first or
second degree | 1351 |
|
felony, or an offense under an existing or former law
of this | 1352 |
|
state, another state, or the United States that is
or was | 1353 |
|
substantially equivalent to one of those offenses; | 1354 |
| (1) If the offender is being sentenced for a fourth degree | 1417 |
|
felony
OVI offense and if the offender has not been convicted of | 1418 |
| and has not pleaded guilty to a specification of the type | 1419 |
| described in section 2941.1413 of the Revised Code, the court may | 1420 |
| impose upon the offender a
mandatory term
of local incarceration | 1421 |
|
of sixty days or one hundred
twenty days as specified
in division | 1422 |
| (G)(1)(d) of section 4511.19
of
the Revised Code. The court
shall | 1423 |
|
not reduce the term pursuant
to
section 2929.20, 2967.193, or any | 1424 |
|
other provision of the
Revised
Code. The court that imposes a | 1425 |
|
mandatory term of local
incarceration
under this division shall | 1426 |
|
specify whether the term
is to be served in a
jail, a | 1427 |
|
community-based correctional
facility, a halfway house, or an | 1428 |
|
alternative residential facility,
and the
offender shall serve the | 1429 |
|
term in the type of facility
specified
by the court. A mandatory | 1430 |
|
term of local incarceration
imposed
under division (G)(1) of this | 1431 |
|
section is not subject to
extension
under section 2967.11 of the | 1432 |
|
Revised Code, to a period
of post-release control
under section | 1433 |
|
2967.28 of the Revised Code,
or to any other Revised Code | 1434 |
|
provision that pertains to a prison
term except as provided in | 1435 |
| division (A)(1) of this section. | 1436 |
| (2) If the offender is being sentenced for a third
degree | 1437 |
|
felony OVI offense,
or if the offender is being sentenced for a | 1438 |
|
fourth degree felony OVI
offense and the court does not impose a | 1439 |
|
mandatory term of local incarceration
under division (G)(1) of | 1440 |
|
this section, the court shall impose upon the
offender a mandatory | 1441 |
| prison term of one, two, three, four, or five years if the | 1442 |
| offender also is convicted of or also pleads guilty to a | 1443 |
| specification of the type described in section 2941.1413 of the | 1444 |
| Revised Code or shall impose upon the offender a mandatory
prison | 1445 |
| term of sixty days or one hundred twenty days as specified
in | 1446 |
| division (G)(1)(d) or (e)
of
section 4511.19 of the Revised Code | 1447 |
| if the offender has not been convicted of and has not pleaded | 1448 |
| guilty to a specification of that type. The
court shall not reduce | 1449 |
| the term pursuant
to section
2929.20,
2967.193, or any other | 1450 |
| provision of the Revised Code. The offender shall serve the one-, | 1451 |
| two-, three-, four-, or five-year mandatory prison term | 1452 |
| consecutively to and prior to the prison term imposed for the | 1453 |
| underlying offense and consecutively to any other mandatory prison | 1454 |
| term imposed in relation to the offense. In
no case
shall an | 1455 |
| offender who once has been sentenced to a
mandatory term
of local | 1456 |
| incarceration pursuant to division (G)(1)
of this section
for a | 1457 |
|
fourth degree felony OVI offense be
sentenced to another
mandatory | 1458 |
|
term of local incarceration under
that division for any
violation | 1459 |
| of division
(A) of section 4511.19
of the Revised Code.
In | 1460 |
| addition to the mandatory prison term described in division (G)(2) | 1461 |
| of this section, the court may sentence the
offender to
a | 1462 |
|
community control
sanction under section 2929.16 or 2929.17 of
the | 1463 |
| Revised
Code, but the offender shall serve the prison term prior | 1464 |
| to serving the community control sanction.
The department of | 1465 |
| rehabilitation and correction
may place an
offender
sentenced to a | 1466 |
| mandatory prison term under
this division
in an intensive
program | 1467 |
| prison established pursuant
to section
5120.033 of the Revised | 1468 |
|
Code if the department gave the
sentencing
judge prior notice of | 1469 |
| its intent to
place the offender
in an
intensive program prison | 1470 |
| established under that
section and
if the
judge did not notify the | 1471 |
| department that the judge
disapproved the
placement. Upon the | 1472 |
| establishment of the initial
intensive
program prison pursuant to | 1473 |
| section 5120.033 of the
Revised Code
that is privately operated | 1474 |
|
and managed by a
contractor pursuant to
a contract entered into | 1475 |
| under section
9.06
of the Revised Code,
both of the following | 1476 |
| apply: | 1477 |
| (I) If an offender is being sentenced
for a sexually
oriented | 1500 |
| offense that is not a registration-exempt sexually oriented | 1501 |
| offense or for a child-victim oriented offense committed on or | 1502 |
| after January 1,
1997, the judge
shall
include in the sentence a | 1503 |
| summary of the
offender's duties imposed under sections 2950.04, | 1504 |
| 2950.041, 2950.05, and
2950.06 of the Revised Code and the | 1505 |
|
duration of the duties. The
judge shall inform the offender, at | 1506 |
| the
time of sentencing, of
those duties and of their duration and, | 1507 |
| if required
under division
(A)(2) of section 2950.03 of
the | 1508 |
| Revised Code, shall perform the
duties specified in that
section. | 1509 |
| (2) When considering sentencing factors under this
section
in | 1518 |
| relation to an offender who is convicted of or pleads
guilty to
an | 1519 |
| attempt to commit a drug abuse offense for which
the penalty is | 1520 |
|
determined by the amount or number of unit doses
of the controlled | 1521 |
|
substance involved in the drug abuse offense,
the sentencing court | 1522 |
|
shall consider the factors applicable to
the felony category that | 1523 |
|
the drug abuse offense attempted would
be if that drug abuse | 1524 |
|
offense had been committed and had
involved an amount or number of | 1525 |
|
unit doses of the controlled
substance that is within the next | 1526 |
|
lower range of controlled substance amounts
than was involved in | 1527 |
|
the attempt. | 1528 |
| Sec. 2929.14. (A) Except as provided in
division (C), | 1539 |
|
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), or (G) of this | 1540 |
|
section and except
in relation to an offense for which a sentence | 1541 |
|
of death or life
imprisonment is to be imposed, if the court | 1542 |
|
imposing a sentence
upon an offender for a felony elects or is | 1543 |
|
required to impose a
prison term on the offender pursuant to this | 1544 |
|
chapter, the court shall
impose a definite prison term that shall | 1545 |
|
be one of the following: | 1546 |
| (B) Except as provided in division (C),
(D)(1), (D)(2), | 1558 |
|
(D)(3), (D)(5), (D)(6), or (G) of this section, in section 2907.02 | 1559 |
| or 2907.05
of the Revised
Code, or in Chapter
2925. of the Revised | 1560 |
| Code, if the court
imposing a sentence upon an offender for a | 1561 |
| felony elects or is
required to impose a prison term on the | 1562 |
| offender, the court shall
impose the shortest prison term | 1563 |
| authorized for the offense
pursuant to division (A) of this | 1564 |
| section, unless
one or more
of
the following applies: | 1565 |
| (C) Except as provided in division (G) of this section or in | 1572 |
|
Chapter 2925. of
the Revised Code, the court imposing a sentence | 1573 |
|
upon an
offender for a felony may impose the longest prison term | 1574 |
|
authorized for the offense pursuant to division (A) of
this | 1575 |
|
section only upon offenders who committed the worst forms of
the | 1576 |
|
offense, upon offenders who pose the greatest likelihood of | 1577 |
|
committing future crimes, upon certain major drug offenders under | 1578 |
|
division (D)(3) of this section, and upon certain repeat
violent | 1579 |
|
offenders in accordance with division (D)(2) of
this section. | 1580 |
| (c) Except as provided in division
(D)(1)(e)
of this
section, | 1612 |
| if an offender who is convicted of or pleads
guilty to a
violation | 1613 |
| of section 2923.161 of the
Revised
Code or to a felony
that | 1614 |
| includes,
as an essential element, purposely or knowingly
causing | 1615 |
| or
attempting to cause the death of or physical harm to
another, | 1616 |
|
also is convicted of or pleads guilty to a specification
of the | 1617 |
|
type described in section 2941.146 of the
Revised
Code that | 1618 |
|
charges the offender
with committing the offense by discharging a | 1619 |
|
firearm from a
motor vehicle other than a manufactured
home, the | 1620 |
|
court, after imposing
a prison term on the offender for the | 1621 |
|
violation of section
2923.161 of the Revised
Code or for the other | 1622 |
|
felony
offense under division (A), (D)(2), or (D)(3) of this | 1623 |
|
section, shall
impose an additional prison term of five years upon | 1624 |
|
the offender
that shall not be reduced pursuant to section | 1625 |
|
2929.20, section 2967.193, or
any other provision of Chapter 2967. | 1626 |
|
or Chapter 5120. of the Revised Code. A
court shall not impose | 1627 |
|
more than one additional prison term on an offender under
division | 1628 |
|
(D)(1)(c) of this section for felonies committed as
part of the | 1629 |
|
same
act or transaction. If a court imposes an additional prison | 1630 |
|
term on an
offender under division (D)(1)(c) of this section | 1631 |
|
relative to an offense, the court also shall
impose a prison term | 1632 |
|
under division
(D)(1)(a) of this section
relative to the same | 1633 |
|
offense, provided the criteria specified in that division
for | 1634 |
|
imposing an additional prison term are satisfied relative to the | 1635 |
|
offender
and the offense. | 1636 |
| (d)
If an offender who is convicted of or pleads guilty to | 1637 |
|
an offense
of violence that is a felony also is convicted of or | 1638 |
|
pleads guilty to a
specification of the type described in section | 1639 |
|
2941.1411 of the Revised Code that charges the
offender with | 1640 |
|
wearing or carrying body armor
while committing the felony offense | 1641 |
|
of violence, the court shall
impose on the offender a prison term | 1642 |
|
of two years. The prison
term so imposed shall not be reduced | 1643 |
|
pursuant to section 2929.20,
section 2967.193, or any other | 1644 |
|
provision of
Chapter 2967. or
Chapter 5120. of the
Revised Code.
A | 1645 |
| court shall not impose more
than one prison term
on an offender | 1646 |
|
under division
(D)(1)(d) of this section for
felonies committed as | 1647 |
|
part of
the same act or transaction. If a
court imposes an | 1648 |
|
additional prison
term under division (D)(1)(a)
or (c)
of this | 1649 |
|
section, the
court is not precluded from imposing
an additional | 1650 |
|
prison term under
division (D)(1)(d) of this
section. | 1651 |
|
(f) If an offender is convicted of or pleads guilty to a
| 1667 |
|
felony that includes, as an essential element, causing or
| 1668 |
|
attempting to cause
the death of or physical
harm to another and
| 1669 |
|
also is convicted of or pleads guilty to a
specification of the
| 1670 |
|
type described in section 2941.1412 of the
Revised Code that
| 1671 |
|
charges the
offender with committing the offense by discharging a
| 1672 |
|
firearm at a
peace officer as defined in section 2935.01 of the
| 1673 |
|
Revised Code or a corrections officer as defined in section | 1674 |
|
2941.1412 of the Revised Code, the court, after imposing a
prison | 1675 |
|
term on the
offender for the felony offense under division (A), | 1676 |
|
(D)(2),
or
(D)(3) of this section, shall impose an additional | 1677 |
|
prison term of
seven years upon the offender that shall not be | 1678 |
|
reduced pursuant
to section 2929.20, section 2967.193, or any | 1679 |
|
other provision of
Chapter 2967. or Chapter 5120. of
the Revised | 1680 |
|
Code. A court
shall
not impose more than one
additional prison | 1681 |
|
term on an
offender
under division (D)(1)(f) of
this section for | 1682 |
|
felonies
committed as
part of the same act or transaction.
If a | 1683 |
|
court
imposes an
additional prison term on an offender under | 1684 |
|
division
(D)(1)(f) of
this section relative to an offense,
the | 1685 |
|
court
shall not impose a
prison term under division (D)(1)(a)
or | 1686 |
|
(c)
of
this section
relative to the same offense. | 1687 |
(2)(a) If an offender who is
convicted of or pleads guilty
to | 1688 |
a felony also is convicted of or pleads
guilty to a
specification | 1689 |
of the type described in section 2941.149 of the
Revised Code
that | 1690 |
the
offender is a repeat
violent offenderdivision (D)(2)(b) of | 1691 |
this section does not apply, the
court shallmay impose aon an | 1692 |
offender, in addition to the longest prison term from the range of | 1693 |
terms
authorized or required for the offense
under division (A) of | 1694 |
this section
that
may be the longest term in the range and that | 1695 |
shall not be reduced
pursuant to section 2929.20, section | 1696 |
2967.193, or
any other
provision of Chapter 2967. or Chapter 5120. | 1697 |
of the
Revised
Code.
If the court finds that the
repeat violent | 1698 |
offender, in committing
the offense, caused any
physical harm that | 1699 |
carried a substantial
risk of death to a
person or that involved | 1700 |
substantial permanent
incapacity or
substantial permanent | 1701 |
disfigurement of a person,
the
court shall impose the longest | 1702 |
prison term from the range of terms
authorized for the
offense | 1703 |
under division (A) of this section. | 1704 |
(b) If the court imposing a prison term on a
repeat violent | 1705 |
offender imposes the longest prison term
from the range of terms | 1706 |
authorized for the offense under division
(A) of this section, the | 1707 |
court may impose on the offender
an additional definite prison | 1708 |
term of one, two, three, four,
five, six, seven, eight, nine, or | 1709 |
ten years if the court finds
that both of the following apply with | 1710 |
respect to the prison terms
imposed on the offender pursuant to | 1711 |
division
(D)(2)(a) of this section and, if
applicable, divisions | 1712 |
(D)(1) and (3) of this section: | 1713 |
| (ii) The offense of which the offender currently is convicted | 1720 |
| or to which the offender currently pleads guilty is aggravated | 1721 |
| murder and the court does not impose a sentence of death or life | 1722 |
| imprisonment without parole, murder, terrorism and the court does | 1723 |
| not impose a sentence of life imprisonment without parole, any | 1724 |
| felony of the first degree that is an offense of violence and the | 1725 |
| court does not impose a sentence of life imprisonment without | 1726 |
| parole, or any felony of the second degree that is an offense of | 1727 |
| violence and the trier of fact finds that the offense involved an | 1728 |
| attempt to cause or a threat to cause serious physical harm to a | 1729 |
| person or resulted in serious physical harm to a person. | 1730 |
(ii)(v) The terms so imposedcourt finds that the prison | 1741 |
| terms imposed pursuant to division (D)(2)(a)(iii) of this section | 1742 |
| and, if applicable, division (D)(1) or (3) of this section are | 1743 |
| demeaning to the
seriousness
of the offense, because one or more | 1744 |
| of the factors
under section
2929.12 of the Revised Code | 1745 |
|
indicating that the offender's conduct
is more serious than | 1746 |
| conduct normally
constituting the offense are
present, and they | 1747 |
| outweigh the applicable
factors under that
section indicating that | 1748 |
| the offender's
conduct is
less serious
than conduct normally | 1749 |
| constituting the offense. | 1750 |
| (iii) The offense or offenses of which the offender currently | 1768 |
| is convicted or to which the offender currently pleads guilty is | 1769 |
| aggravated murder and the court does not impose a sentence of | 1770 |
| death or life imprisonment without parole, murder, terrorism and | 1771 |
| the court does not impose a sentence of life imprisonment without | 1772 |
| parole, any felony of the first degree that is an offense of | 1773 |
| violence and the court does not impose a sentence of life | 1774 |
| imprisonment without parole, or any felony of the second degree | 1775 |
| that is an offense of violence and the trier of fact finds that | 1776 |
| the offense involved an attempt to cause or a threat to cause | 1777 |
| serious physical harm to a person or resulted in serious physical | 1778 |
| harm to a person. | 1779 |
| (3)(a) Except when an offender commits a
violation of
section | 1793 |
| 2903.01 or 2907.02 of the
Revised Code and the penalty
imposed for | 1794 |
| the
violation is life imprisonment or commits a
violation of | 1795 |
| section
2903.02 of the Revised Code, if the offender
commits a | 1796 |
| violation of section 2925.03 or 2925.11 of
the Revised
Code and | 1797 |
| that section classifies the offender as a major drug
offender and | 1798 |
| requires the
imposition of a ten-year prison term on
the offender, | 1799 |
| if
the offender commits a felony violation of
section 2925.02, | 1800 |
|
2925.04, 2925.05,
2925.36, 3719.07, 3719.08,
3719.16, 3719.161, | 1801 |
| 4729.37, or
4729.61, division (C) or (D) of
section 3719.172, | 1802 |
| division
(C) of section 4729.51, or division (J)
of section | 1803 |
| 4729.54
of the Revised Code that includes the sale,
offer to sell, | 1804 |
|
or possession of a schedule
I or II controlled
substance, with the | 1805 |
| exception of
marihuana, and the
court imposing
sentence upon the | 1806 |
| offender finds
that the offender is guilty of a
specification of | 1807 |
| the type
described in section 2941.1410 of the
Revised Code | 1808 |
| charging
that the offender is a
major drug offender,
if the court | 1809 |
| imposing sentence upon an offender for
a felony
finds
that the | 1810 |
| offender is guilty
of corrupt activity with the
most
serious | 1811 |
| offense in the pattern
of corrupt activity being a
felony
of the | 1812 |
| first degree, or if the offender is guilty of
an attempted | 1813 |
|
violation of section 2907.02 of the Revised Code and, had the | 1814 |
|
offender completed the violation of section 2907.02 of the Revised | 1815 |
|
Code that was attempted, the offender would have been subject to a | 1816 |
|
sentence of life imprisonment or life imprisonment without parole | 1817 |
|
for the violation of section 2907.02 of the Revised Code, the | 1818 |
|
court shall
impose upon
the offender for the felony violation a | 1819 |
|
ten-year
prison term that
cannot be reduced pursuant to section | 1820 |
|
2929.20 or
Chapter
2967. or 5120. of the Revised Code. | 1821 |
| (b) The court imposing a prison term on an
offender under | 1822 |
|
division (D)(3)(a) of this
section may impose an additional prison | 1823 |
|
term of one, two, three,
four, five, six, seven, eight, nine, or | 1824 |
|
ten years, if the court,
with respect to the term imposed under | 1825 |
|
division
(D)(3)(a) of this section and, if
applicable, divisions | 1826 |
|
(D)(1) and (2) of this section,
makes both of the findings set | 1827 |
forth in divisions
(D)(2)(b)(i)(a)(iv) and (ii)(v) of this | 1828 |
| section. | 1829 |
| (4) If the offender is being sentenced for a third or fourth | 1830 |
|
degree felony
OVI offense under division (G)(2) of section
2929.13 | 1831 |
|
of the Revised
Code,
the sentencing court shall impose
upon the | 1832 |
|
offender a mandatory prison term in
accordance with that
division. | 1833 |
|
In addition to the mandatory prison term, if the offender is being | 1834 |
|
sentenced for a fourth degree felony OVI offense, the court, | 1835 |
|
notwithstanding division (A)(4) of this section, may sentence the | 1836 |
|
offender to a definite prison term of not less than six months and | 1837 |
|
not more than thirty months, and if the offender is being | 1838 |
|
sentenced for a third degree felony OVI offense, the
sentencing | 1839 |
|
court may sentence the offender to an additional prison
term of | 1840 |
|
any
duration specified in division (A)(3) of this section. In | 1841 |
|
either case, the additional prison term imposed shall be reduced | 1842 |
|
by the sixty or one
hundred twenty days imposed upon the
offender | 1843 |
|
as the mandatory prison term.
The total of the
additional prison | 1844 |
|
term imposed under division (D)(4) of this
section
plus the sixty | 1845 |
|
or one hundred twenty days imposed as the
mandatory prison term | 1846 |
|
shall equal a definite term in the range of six months to thirty | 1847 |
|
months for a fourth degree felony OVI offense and shall equal one | 1848 |
|
of
the authorized prison
terms specified in division (A)(3) of | 1849 |
|
this section for a third degree felony OVI offense. If
the court | 1850 |
|
imposes an additional prison term under division (D)(4) of this | 1851 |
|
section, the offender shall serve the additional prison term after | 1852 |
|
the
offender has served the mandatory prison term required for the | 1853 |
|
offense. In addition to the mandatory prison term or mandatory and | 1854 |
| additional prison term imposed as described in division (D)(4) of | 1855 |
| this section, the
court also may sentence the offender to a | 1856 |
| community
control sanction under
section 2929.16 or 2929.17 of the | 1857 |
| Revised
Code, but the offender shall serve all of the prison terms | 1858 |
| so imposed prior to serving the community control sanction. | 1859 |
| (5) If an offender is convicted of or pleads guilty to a | 1865 |
|
violation of division (A)(1) or (2) of section 2903.06 of the | 1866 |
|
Revised Code and also is convicted of or pleads guilty to a | 1867 |
|
specification of the type described in section 2941.1414 of the | 1868 |
|
Revised Code that charges that the victim of the offense is a | 1869 |
|
peace officer, as defined in section 2935.01 of the Revised Code, | 1870 |
|
the court shall impose on the offender a prison term of five | 1871 |
|
years. If a court imposes a prison term on an offender under | 1872 |
|
division (D)(5) of this section, the prison term shall not be | 1873 |
|
reduced pursuant to section 2929.20, section 2967.193, or any | 1874 |
|
other provision of Chapter 2967. or Chapter 5120. of the Revised | 1875 |
|
Code. A court shall not impose more than one prison term on an | 1876 |
|
offender under division (D)(5) of this section for felonies | 1877 |
|
committed as part of the same act. | 1878 |
|
(6) If an offender is convicted of or pleads guilty to a | 1879 |
|
violation of division (A)(1) or (2) of section 2903.06 of the | 1880 |
|
Revised Code and also is convicted of or pleads guilty to a | 1881 |
|
specification of the type described in section 2941.1415 of the | 1882 |
|
Revised Code that charges that the offender previously has been | 1883 |
|
convicted of or pleaded guilty to three or more violations of | 1884 |
| division (A)
or (B) of section 4511.19 of the Revised Code or an | 1885 |
| equivalent
offense, as defined in section 2941.1415 of the Revised | 1886 |
| Code, or three or more violations of any combination of those | 1887 |
| divisions and offenses, the
court shall impose on the offender a | 1888 |
| prison term of three years.
If a court imposes a prison term on an | 1889 |
| offender under division
(D)(6) of this section, the prison term | 1890 |
| shall not be reduced
pursuant to section 2929.20, section | 1891 |
| 2967.193, or any other
provision of Chapter 2967. or Chapter 5120. | 1892 |
| of the Revised Code.
A
court shall not impose more than one prison | 1893 |
| term on an offender
under division (D)(6) of this section for | 1894 |
| felonies committed as
part of the same act. | 1895 |
| (E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a | 1896 |
| mandatory prison term
is imposed
upon an offender pursuant to | 1897 |
|
division (D)(1)(a) of this
section for having a firearm on or | 1898 |
|
about the offender's person or under the
offender's
control while | 1899 |
|
committing a felony, if a mandatory prison term
is imposed
upon an | 1900 |
|
offender pursuant to division (D)(1)(c) of
this section for | 1901 |
|
committing a felony specified in that division by discharging
a | 1902 |
|
firearm from a motor vehicle, or if both types of mandatory prison | 1903 |
|
terms
are imposed, the offender shall serve
any mandatory prison | 1904 |
|
term
imposed under either division
consecutively to any other | 1905 |
|
mandatory prison term imposed under either division
or under | 1906 |
|
division (D)(1)(d) of this
section,
consecutively to and prior to | 1907 |
|
any prison term
imposed for the underlying felony pursuant to | 1908 |
|
division (A),
(D)(2), or (D)(3) of this section or any other | 1909 |
|
section of the Revised Code, and consecutively to any other prison | 1910 |
|
term
or
mandatory prison term previously or subsequently imposed | 1911 |
|
upon the
offender. | 1912 |
| (b) If a mandatory prison term is imposed upon an offender | 1913 |
|
pursuant to division (D)(1)(d) of this section for
wearing or | 1914 |
|
carrying body armor while committing an offense of violence that | 1915 |
|
is a felony,
the offender shall serve the mandatory
term so | 1916 |
|
imposed consecutively to any other mandatory prison term
imposed | 1917 |
|
under that division or under division (D)(1)(a)
or (c) of
this | 1918 |
|
section, consecutively to and prior to any prison term imposed for | 1919 |
|
the underlying felony under division (A), (D)(2), or
(D)(3)
of | 1920 |
|
this section or any other section of the Revised Code, and | 1921 |
|
consecutively to any other
prison term or mandatory prison term | 1922 |
|
previously or subsequently
imposed upon the offender. | 1923 |
| (2) If an offender who is an inmate in a jail, prison,
or | 1932 |
|
other residential detention facility violates section 2917.02, | 1933 |
|
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender | 1934 |
|
who is under detention at a detention facility commits a felony | 1935 |
|
violation of section 2923.131 of the Revised Code, or if an | 1936 |
|
offender who is an
inmate in a jail, prison, or other residential | 1937 |
|
detention facility or is under
detention at a detention facility | 1938 |
|
commits another felony while the offender is
an
escapee in | 1939 |
|
violation of
section 2921.34 of the Revised Code, any prison
term | 1940 |
|
imposed upon the offender for one of those violations
shall be | 1941 |
|
served by the offender consecutively to the prison term or term of | 1942 |
|
imprisonment the offender
was serving when the offender committed | 1943 |
|
that offense and to any other prison
term previously or | 1944 |
|
subsequently imposed upon the offender. | 1945 |
| (5) If a mandatory prison term is imposed upon an offender | 1976 |
|
pursuant to division (D)(5) or (6) of this section, the offender | 1977 |
|
shall serve the mandatory prison term consecutively to and prior | 1978 |
|
to any prison term imposed for the underlying violation of | 1979 |
|
division (A)(1) or (2) of section 2903.06 of the Revised Code | 1980 |
|
pursuant to division (A) of this section. If a mandatory prison | 1981 |
|
term is imposed upon an offender pursuant to division (D)(5) of | 1982 |
|
this section, and if a mandatory prison term also is imposed upon | 1983 |
|
the offender pursuant to division (D)(6) of this section in | 1984 |
|
relation to the same violation, the offender shall serve the | 1985 |
|
mandatory prison term imposed pursuant to division (D)(5) of this | 1986 |
|
section consecutively to and prior to the mandatory prison term | 1987 |
|
imposed pursuant to division (D)(6) of this section and | 1988 |
|
consecutively to and prior to any prison term imposed for the | 1989 |
|
underlying violation of division (A)(1) or (2) of section 2903.06 | 1990 |
|
of the Revised Code pursuant to division (A) of this section. | 1991 |
| (F) If a court imposes a prison term of a type
described in | 1995 |
|
division (B) of section 2967.28 of the
Revised Code, it shall | 1996 |
|
include in the sentence a
requirement that the offender be subject | 1997 |
|
to a period of
post-release control after the offender's release | 1998 |
|
from imprisonment, in
accordance with that division. If a court | 1999 |
|
imposes a prison term
of a type described in division (C) of that | 2000 |
|
section, it
shall include in the sentence a requirement that the | 2001 |
|
offender be
subject to a period of post-release control after the | 2002 |
|
offender's release
from imprisonment, in accordance with that | 2003 |
|
division, if the
parole board determines that a period of | 2004 |
|
post-release control is
necessary. | 2005 |
| (G) If a person is convicted of or pleads guilty to a
violent | 2006 |
| sex
offense or a designated homicide, assault, or kidnapping | 2007 |
| offense and, in relation to that offense, the offender is | 2008 |
| adjudicated a sexually violent
predator, the court shall impose | 2009 |
|
sentence upon the offender in
accordance with section 2971.03 of | 2010 |
| the Revised
Code, and Chapter
2971. of the Revised Code applies | 2011 |
| regarding the prison term
or
term of life imprisonment without | 2012 |
| parole imposed upon the offender
and the
service of that term of | 2013 |
| imprisonment. | 2014 |
| (J) If an offender who is convicted of or pleads guilty to | 2029 |
|
aggravated murder, murder, or a
felony of the first, second, or | 2030 |
|
third degree that is an
offense of violence also is convicted of | 2031 |
|
or pleads guilty to a
specification of the type described in | 2032 |
|
section 2941.143 of the
Revised
Code that charges the offender | 2033 |
|
with having committed the offense in a school safety
zone or | 2034 |
|
towards a person in a school safety zone, the court shall impose | 2035 |
|
upon the offender an additional prison term of two years. The | 2036 |
|
offender shall
serve the additional two years consecutively to and | 2037 |
|
prior to the prison term
imposed for the underlying offense. | 2038 |
| (K) At the time of sentencing, the court
may recommend the | 2039 |
|
offender for
placement in a program of shock incarceration
under | 2040 |
|
section 5120.031 of the Revised Code or for
placement
in an | 2041 |
|
intensive program prison
under
section 5120.032 of the Revised | 2042 |
|
Code, disapprove placement of the
offender in a program of shock | 2043 |
|
incarceration or
an intensive
program
prison
of that nature, or | 2044 |
|
make
no recommendation on placement of
the offender.
In no case | 2045 |
|
shall
the department of rehabilitation and correction place the | 2046 |
|
offender
in a program or prison of that nature unless the | 2047 |
|
department
determines as specified in section 5120.031 or 5120.032 | 2048 |
|
of the
Revised Code, whichever is applicable, that the offender is | 2049 |
|
eligible for the placement. | 2050 |
| If the court does not make a recommendation under this | 2067 |
|
division with
respect to an
offender
and if the
department | 2068 |
|
determines as specified in section 5120.031 or 5120.032
of the | 2069 |
|
Revised Code, whichever is applicable, that the offender is | 2070 |
|
eligible for placement in a program or prison of that nature, the | 2071 |
|
department shall screen the offender and
determine if there is an | 2072 |
|
available program of shock incarceration or an
intensive program | 2073 |
|
prison for which the offender is suited. If there is an
available | 2074 |
|
program of shock incarceration or an intensive program prison for | 2075 |
|
which the offender is suited, the department shall notify the | 2076 |
|
court of the
proposed placement of the offender
as specified in | 2077 |
|
section 5120.031 or 5120.032 of the Revised Code and shall include | 2078 |
|
with the notice a brief
description of the placement. The court | 2079 |
|
shall have ten days from receipt of
the notice to disapprove the | 2080 |
|
placement. | 2081 |
| (C) At the arraignment of the defendant or as soon thereafter | 2095 |
| as is practicable, the prosecuting attorney may give notice to the | 2096 |
| defendant of the prosecuting attorney's intention to use a | 2097 |
| certified copy of the entry of judgment of a prior conviction as | 2098 |
| proof of that prior conviction. The defendant must then give | 2099 |
| notice to the prosecuting attorney of the defendant's intention to | 2100 |
| object to the use of the entry of judgment. If the defendant | 2101 |
| pursuant to Criminal Rule 12 does not give notice of that | 2102 |
| intention to the prosecuting attorney before trial, the defendant | 2103 |
| waives the objection to the use of an entry of judgment as proof | 2104 |
| of the defendant's prior conviction, as shown on the entry of | 2105 |
| judgment. | 2106 |
| (2) The sentence consisted of or included a prison term, the | 2126 |
| offense for
which it was imposed is a felony of the fourth or | 2127 |
| fifth degree or is a felony
drug offense that is a violation of a | 2128 |
| provision of
Chapter 2925. of the Revised Code and that is | 2129 |
| specified as being subject to
division (B) of section 2929.13 of | 2130 |
| the Revised Code for purposes of
sentencing, and the court did not | 2131 |
| specify at sentencing that it found one or
more factors specified | 2132 |
|
in divisions (B)(1)(a) to (i) of
section 2929.13 of the Revised | 2133 |
| Code to apply
relative to the
defendant. If the court specifies | 2134 |
| that it found
one or more of those factors to apply relative to | 2135 |
| the defendant,
the defendant is not entitled under this division | 2136 |
| to appeal as a
matter of right the sentence imposed upon the | 2137 |
| offender. | 2138 |
| (3) The person was convicted of or pleaded guilty to a | 2139 |
| violent sex
offense or a designated homicide, assault, or | 2140 |
| kidnapping offense, was adjudicated a sexually violent predator in | 2141 |
| relation to that offense, and was
sentenced pursuant to division | 2142 |
| (A)(3) of
section 2971.03 of the Revised Code, if the minimum
term | 2143 |
| of the indefinite term imposed pursuant to division (A)(3) of | 2144 |
|
section 2971.03 of the Revised Code is the longest term available | 2145 |
| for the
offense from among
the range of terms listed in section | 2146 |
| 2929.14 of the Revised Code. As used in
this division,
"designated | 2147 |
| homicide, assault, or kidnapping offense" and "violent sex | 2148 |
| offense" have the same
meanings as in section 2971.01 of the | 2149 |
| Revised Code. As used in this division, "adjudicated a sexually | 2150 |
| violent predator" has the same meaning as in section 2929.01 of | 2151 |
| the Revised Code, and a person is "adjudicated a sexually violent | 2152 |
| predator" in the same manner and the same circumstances as are | 2153 |
| described in that section. | 2154 |
| (B) In addition to any other right to appeal
and except as | 2162 |
| provided in division (D) of this section, a
prosecuting attorney, | 2163 |
| a city director of law, village solicitor, or
similar chief legal | 2164 |
| officer of a municipal corporation, or the
attorney general, if | 2165 |
| one of those persons prosecuted the case, may appeal as a
matter | 2166 |
| of right a sentence
imposed upon a defendant who is convicted of | 2167 |
| or pleads guilty to
a felony or, in the circumstances described in | 2168 |
| division (B)(3) of
this section the modification of a sentence | 2169 |
| imposed upon such a defendant, on
any of the following grounds: | 2170 |
| (C)(1) In addition to the right to appeal a sentence
granted | 2179 |
| under division (A) or (B) of this
section, a defendant who is | 2180 |
| convicted of or pleads guilty to a
felony may seek leave to appeal | 2181 |
| a sentence imposed upon the
defendant on the basis that the | 2182 |
| sentencing judge has imposed
consecutive sentences under division | 2183 |
| (E)(3) or (4) of
section 2929.14 of the Revised Code and that the | 2184 |
|
consecutive sentences exceed the maximum prison term allowed by | 2185 |
|
division (A) of that section for the most serious offense
of which | 2186 |
| the defendant was convicted. Upon the filing of a
motion under | 2187 |
| this division, the court
of appeals may grant leave to appeal the | 2188 |
| sentence if the court
determines that the allegation included as | 2189 |
| the basis of the
motion is true. | 2190 |
| (2) Except as provided in division (C)(2) of this section, a | 2200 |
| sentence imposed upon a defendant is not subject to review under | 2201 |
| this section if the sentence is imposed pursuant to division | 2202 |
| (D)(2)(b) of section 2929.14 of the Revised Code. Except as | 2203 |
| otherwise provided in this division, a defendant retains all | 2204 |
| rights to appeal as provided under this chapter or any other | 2205 |
| provision of the Revised Code. A defendant has the right to appeal | 2206 |
| under this chapter or any other provision of the Revised Code the | 2207 |
| court's application of division (D)(2)(c) of section 2929.14 of | 2208 |
| the Revised Code. | 2209 |
| (E) A defendant, prosecuting attorney, city
director of law, | 2213 |
| village solicitor, or chief municipal legal
officer shall file an | 2214 |
| appeal of a sentence under this section to
a court of appeals | 2215 |
| within the time limits specified in
Rule 4(B) of the Rules of | 2216 |
|
Appellate Procedure, provided that if the appeal is pursuant
to | 2217 |
| division (B)(3) of this section, the time limits specified in that | 2218 |
|
rule shall not commence running until the court grants the motion | 2219 |
| that makes
the sentence modification in question. A sentence | 2220 |
| appeal under
this section shall be consolidated with any other | 2221 |
| appeal in the
case. If no other appeal is filed, the court of | 2222 |
| appeals may
review only the portions of the trial record that | 2223 |
| pertain to
sentencing. | 2224 |
| (1) Any presentence, psychiatric, or other
investigative | 2228 |
| report that was submitted to the court in writing
before the | 2229 |
| sentence was imposed. An appellate court that
reviews a | 2230 |
| presentence investigation report prepared pursuant to section | 2231 |
|
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in | 2232 |
| connection
with the appeal of a sentence under this section shall | 2233 |
| comply with division
(D)(3) of section 2951.03 of the Revised Code | 2234 |
| when the appellate court is not
using the presentence | 2235 |
| investigation report, and the appellate court's use of a | 2236 |
|
presentence investigation report of that nature in connection with | 2237 |
| the appeal
of a sentence under this section does not affect the | 2238 |
| otherwise confidential
character of the contents of that report as | 2239 |
| described in division
(D)(1) of section 2951.03 of the Revised | 2240 |
| Code and does not cause that report
to become a public record, as | 2241 |
| defined in section 149.43 of the Revised Code,
following the | 2242 |
| appellate court's use of the report. | 2243 |
| (G)(1) If the sentencing court was required to make the | 2252 |
| findings required
by division (B) or (D) of section 2929.13, | 2253 |
| division
(D)(2)(e) or (E)(4) of section 2929.14, or division (H) | 2254 |
| of section 2929.20 of the
Revised Code relative to the imposition | 2255 |
| or modification of the sentence,
and if the sentencing court | 2256 |
| failed to state the required findings on the
record, the court | 2257 |
| hearing
an appeal under division (A), (B), or (C) of this
section | 2258 |
| shall
remand the case to the sentencing court and instruct the | 2259 |
| sentencing court
to state, on the record, the required findings. | 2260 |
| (I)(1) There is hereby
established the felony sentence appeal | 2280 |
| cost oversight committee,
consisting of eight members. One member | 2281 |
| shall be the chief
justice of the supreme court or a | 2282 |
| representative of the court
designated by the chief justice, one | 2283 |
| member shall be a member of
the senate appointed by the president | 2284 |
| of the senate, one member
shall be a member of the house of | 2285 |
| representatives appointed by
the speaker of the house of | 2286 |
| representatives, one member shall be
the director of budget and | 2287 |
| management or a representative of the office of
budget and | 2288 |
| management designated
by the director, one member shall be a judge | 2289 |
| of a court of
appeals, court of common pleas, municipal court, or | 2290 |
| county court
appointed by the chief justice of the supreme court, | 2291 |
| one member
shall be the state public defender or a representative | 2292 |
| of the
office of the state public defender designated by the state | 2293 |
|
public defender, one member shall be a prosecuting attorney | 2294 |
|
appointed by the Ohio prosecuting attorneys association, and one | 2295 |
| member shall
be a county commissioner appointed by the county | 2296 |
| commissioners
association of Ohio. No more than three of the | 2297 |
| appointed members of the
committee may be members of the same | 2298 |
| political party. | 2299 |
| The president of the senate, the speaker of the house of | 2300 |
|
representatives, the chief justice of the supreme court, the
Ohio | 2301 |
| prosecuting attorneys association, and the county commissioners | 2302 |
|
association of Ohio shall make the initial
appointments to the | 2303 |
| committee of the appointed members no later
than ninety days after | 2304 |
| July 1, 1996. Of
those initial appointments to the committee, the | 2305 |
| members
appointed by the speaker of the house of representatives | 2306 |
| and the
Ohio prosecuting attorneys
association shall serve a term | 2307 |
| ending two years after July 1, 1996, the member
appointed by
the | 2308 |
| chief justice of the supreme court shall serve
a term ending three | 2309 |
| years after July 1, 1996, and the members appointed by the | 2310 |
|
president of the
senate and the county commissioners association | 2311 |
| of
Ohio shall serve terms ending
four years after July 1, 1996. | 2312 |
| Thereafter, terms of office of the appointed
members shall be
for | 2313 |
| four years, with each term ending on the same day of the
same | 2314 |
| month as did the term that it succeeds. Members may be | 2315 |
|
reappointed. Vacancies shall be filled in the same
manner provided | 2316 |
| for original appointments. A member appointed
to fill a vacancy | 2317 |
| occurring prior to the expiration of the term
for which that | 2318 |
| member's predecessor was appointed shall hold
office as a member | 2319 |
| for the remainder of the predecessor's term. An appointed
member | 2320 |
| shall continue in office subsequent to the
expiration date of that | 2321 |
| member's term until that member's
successor takes office or until | 2322 |
| a period of sixty days has
elapsed, whichever occurs first. | 2323 |
| If the chief justice of the supreme court, the director of | 2324 |
|
the office of budget and management, or the state public
defender | 2325 |
| serves as a member of the committee, that person's term
of office | 2326 |
| as a member shall continue for as long as that person
holds office | 2327 |
| as chief justice, director of the office of budget
and management, | 2328 |
| or state public defender. If the chief justice
of the supreme | 2329 |
| court designates a representative of the court to
serve as a | 2330 |
| member, the director of budget and management
designates a | 2331 |
| representative of the office of budget and
management to serve as | 2332 |
| a member, or the state public
defender designates a representative | 2333 |
| of the office of the state
public defender to serve as a member, | 2334 |
| the person so designated
shall serve as a member of the commission | 2335 |
| for as long as the
official who made the designation holds office | 2336 |
| as chief justice,
director of the office of budget and management, | 2337 |
| or state public
defender or until that official revokes the | 2338 |
| designation. | 2339 |
| The chief justice of the supreme court or the
representative | 2340 |
| of the supreme court appointed by the chief
justice shall serve as | 2341 |
| chairperson of the committee. The committee
shall meet within two | 2342 |
| weeks after all appointed members have
been appointed and shall | 2343 |
| organize as necessary. Thereafter, the
committee shall meet at | 2344 |
| least once every six months or more
often upon the call of the | 2345 |
| chairperson or the written request of
three or more members, | 2346 |
| provided that the committee shall not meet unless
moneys have been | 2347 |
| appropriated to the judiciary budget administered by the
supreme | 2348 |
| court specifically for the purpose of providing financial | 2349 |
| assistance
to counties under division (I)(2) of this section and | 2350 |
| the moneys so
appropriated then are available for that purpose. | 2351 |
| (2) The state criminal sentencing commission periodically | 2360 |
| shall provide to
the felony sentence appeal cost oversight | 2361 |
| committee all data the commission
collects pursuant to division | 2362 |
|
(A)(5) of section 181.25 of
the Revised Code. Upon receipt of the | 2363 |
|
data from the state criminal sentencing commission, the
felony | 2364 |
| sentence appeal cost oversight committee periodically
shall review | 2365 |
| the data; determine whether any money has been
appropriated to the | 2366 |
| judiciary budget administered by the supreme court
specifically | 2367 |
| for the purpose of providing state financial assistance to | 2368 |
|
counties in accordance with this division for the increase in | 2369 |
| expenses
the counties experience as a result of the felony | 2370 |
| sentence
appeal provisions set forth in this section or as a | 2371 |
| result of a postconviction
relief proceeding brought under | 2372 |
| division (A)(2) of section 2953.21
of the Revised Code or an | 2373 |
| appeal of a judgment in that proceeding; if it
determines that any | 2374 |
| money has been so appropriated, determine the total amount
of | 2375 |
| moneys that have been so appropriated specifically for
that | 2376 |
| purpose and that then are available for that
purpose; and develop | 2377 |
| a recommended method of distributing those
moneys to the counties. | 2378 |
| The committee shall send a copy of its
recommendation to the | 2379 |
| supreme court. Upon receipt of the
committee's recommendation, the | 2380 |
| supreme court shall distribute
to the counties, based upon that | 2381 |
| recommendation, the moneys that
have been so appropriated | 2382 |
| specifically for the purpose of providing
state financial | 2383 |
| assistance to counties under this
division and that then are | 2384 |
| available for that purpose. | 2385 |
| (D)(1) If a person who files a petition pursuant to this | 2440 |
|
section requests an ex parte order, the court shall hold an ex | 2441 |
|
parte hearing on the same day that the petition is filed. The | 2442 |
|
court, for good cause shown at the ex parte hearing, may enter
any | 2443 |
|
temporary orders, with or without bond, including, but not
limited | 2444 |
|
to, an order described in division (E)(1)(a), (b), or (c)
of this | 2445 |
|
section, that the court finds necessary to protect the
family or | 2446 |
|
household member from domestic violence or to protect the | 2447 |
| petitioner or victim from a sexually oriented offense. Immediate | 2448 |
| and
present
danger of domestic violence to the family or household | 2449 |
|
member
or of a sexually oriented offense to the petitioner or | 2450 |
| victim constitutes good cause for purposes of this section. | 2451 |
|
Immediate and
present danger includes, but is not limited to, | 2452 |
|
situations in
which the respondent has threatened the family or | 2453 |
|
household member
with bodily harm, in which the respondent has | 2454 |
| threatened the petitioner or victim with a sexually oriented | 2455 |
| offense, or in which the respondent
previously has been
convicted | 2456 |
| of or pleaded guilty to an
offense that constitutes
domestic | 2457 |
| violence against the family or
household member or a sexually | 2458 |
| oriented offense against the petitioner or victim. | 2459 |
| (2)(a) If the court, after an ex parte hearing, issues an | 2460 |
|
order
described in division (E)(1)(b) or (c) of this section, the | 2461 |
|
court
shall schedule a full hearing for a date that is within | 2462 |
|
seven
court days after the ex parte hearing. If any other type of | 2463 |
|
protection order that is authorized under division (E) of this | 2464 |
|
section is issued by the court after an ex parte hearing, the | 2465 |
|
court shall
schedule a full hearing for a date that is within ten | 2466 |
|
court days after the ex parte hearing. The court shall give the | 2467 |
|
respondent
notice of, and an
opportunity to be heard at, the full | 2468 |
|
hearing. The court shall hold the
full hearing on the date | 2469 |
|
scheduled under this division unless the court grants
a | 2470 |
|
continuance of the hearing in accordance with this division.
Under | 2471 |
|
any of
the following circumstances or for any of the
following | 2472 |
|
reasons, the court may
grant a continuance of the full
hearing to | 2473 |
|
a reasonable time determined by the
court: | 2474 |
| (b) Grant possession of the residence or household to the | 2500 |
|
petitioner or other family or household member, to the exclusion | 2501 |
|
of the respondent, by evicting the respondent, when the residence | 2502 |
|
or household is owned or leased solely by the petitioner or other | 2503 |
|
family or household member, or by ordering the respondent to | 2504 |
|
vacate the premises, when the residence or household is jointly | 2505 |
|
owned or leased by the respondent, and the petitioner or other | 2506 |
|
family or household member; | 2507 |
| (c) When the respondent has a duty to support the
petitioner | 2508 |
|
or other family or household member living in the
residence or | 2509 |
|
household and the respondent is the sole owner or
lessee of the | 2510 |
|
residence or household, grant possession of the
residence or | 2511 |
|
household to the petitioner or other family or
household member, | 2512 |
|
to the exclusion of the respondent, by ordering
the respondent to | 2513 |
|
vacate the premises, or, in the case of a
consent agreement, allow | 2514 |
|
the respondent to provide suitable,
alternative housing; | 2515 |
| (2) If a protection order has been issued pursuant to this | 2535 |
|
section in a prior action involving the respondent and the | 2536 |
|
petitioner or one or more of the family or household members or | 2537 |
| victims, the
court may include in a protection order that it | 2538 |
| issues a
prohibition against the respondent returning to the | 2539 |
| residence or
household. If it includes a prohibition against the | 2540 |
|
respondent
returning to the residence or household
in the order, | 2541 |
| it also
shall include in the order provisions
of the type | 2542 |
| described in
division
(E)(7) of this section. This
division does | 2543 |
| not preclude
the court from including in a
protection order or | 2544 |
| consent
agreement, in circumstances other
than those described in | 2545 |
| this
division, a requirement that the
respondent be evicted from | 2546 |
| or
vacate the residence or household
or refrain from entering the | 2547 |
|
residence, school, business, or
place of employment of the | 2548 |
|
petitioner or a family or household
member, and, if the court | 2549 |
|
includes any requirement of that type in an order
or agreement, | 2550 |
|
the court also shall include in the order
provisions of the type | 2551 |
|
described in division
(E)(7) of this section. | 2552 |
| (b) Subject to the limitation on the duration of an order or | 2557 |
|
agreement set
forth in division (E)(3)(a) of this section, any | 2558 |
|
order under
division (E)(1)(d) of this section shall terminate on | 2559 |
|
the date that a court in
an action for divorce,
dissolution of | 2560 |
|
marriage, or legal separation brought by the petitioner or | 2561 |
|
respondent issues an order allocating parental rights and | 2562 |
|
responsibilities for
the care of children or on the date that a | 2563 |
|
juvenile court in an action brought
by the petitioner or | 2564 |
|
respondent issues an order awarding legal custody of
minor | 2565 |
|
children. Subject to the limitation on the duration of an order
or | 2566 |
|
agreement set forth in division (E)(3)(a) of this section, any | 2567 |
|
order under
division (E)(1)(e) of this section shall terminate on | 2568 |
|
the date that a court in
an action for divorce, dissolution of | 2569 |
|
marriage, or legal separation brought by
the petitioner or | 2570 |
|
respondent issues a support order or on the date that a
juvenile | 2571 |
|
court in an action brought by the petitioner or respondent issues | 2572 |
|
a
support order. | 2573 |
| (d) After a full hearing at which the respondent presents | 2593 |
|
evidence in support
of the request for a protection order and the | 2594 |
|
petitioner is afforded an
opportunity to defend against that | 2595 |
|
evidence, the court determines that the
petitioner has committed | 2596 |
|
an act of domestic violence or has violated a
temporary protection | 2597 |
|
order issued pursuant to section 2919.26 of the Revised
Code, that | 2598 |
|
both the petitioner and the respondent acted primarily as | 2599 |
|
aggressors, and that neither the petitioner nor the respondent | 2600 |
|
acted primarily
in self-defense. | 2601 |
| (6)(a) If a petitioner, or the child of a petitioner, who | 2605 |
|
obtains a
protection order or consent agreement pursuant to | 2606 |
|
division (E)(1) of this
section or a temporary protection order | 2607 |
|
pursuant to section
2919.26 of the Revised Code and is the subject | 2608 |
|
of a parenting time order
issued pursuant to section 3109.051 or | 2609 |
|
3109.12 of the Revised Code or a visitation or
companionship order | 2610 |
|
issued pursuant to section 3109.051,
3109.11, or 3109.12 of the | 2611 |
|
Revised Code or division (E)(1)(d) of this section
granting | 2612 |
|
parenting time rights to
the respondent, the court
may require the | 2613 |
|
public children services agency of the county in which the
court | 2614 |
|
is located to provide supervision of the respondent's exercise of | 2615 |
|
parenting time or visitation or companionship rights with respect | 2616 |
|
to
the child for a period not
to exceed nine months, if the court | 2617 |
|
makes the following findings
of fact: | 2618 |
| (7)(a) If a protection order issued or consent agreement | 2627 |
|
approved
under this section includes a requirement that the | 2628 |
|
respondent be
evicted from or vacate the residence or household or | 2629 |
|
refrain
from entering the residence, school, business, or place of | 2630 |
|
employment of the petitioner or a family or household member, the | 2631 |
|
order or agreement shall state clearly that the order or
agreement | 2632 |
|
cannot be waived or nullified by an invitation to the
respondent | 2633 |
|
from the petitioner or other family or household
member to enter | 2634 |
|
the residence, school, business, or place of
employment or by the | 2635 |
|
respondent's entry into one of those places
otherwise upon the | 2636 |
|
consent of the petitioner or other family or
household member. | 2637 |
| (b) Division (E)(7)(a) of this section
does not limit any | 2638 |
|
discretion of a court to
determine that a respondent charged with | 2639 |
|
a violation of
section 2919.27 of the Revised Code, with a | 2640 |
|
violation of a
municipal ordinance substantially equivalent to | 2641 |
|
that section, or
with contempt of court, which charge is based on | 2642 |
|
an alleged
violation of a protection order issued or consent | 2643 |
|
agreement approved under
this section, did not commit the | 2644 |
|
violation or was not in contempt of
court. | 2645 |
| (G) Any proceeding under this section shall be conducted
in | 2667 |
|
accordance with the Rules of Civil Procedure, except that an
order | 2668 |
|
under this section may be obtained with or without bond.
An order | 2669 |
|
issued under this section, other than an ex parte order, that | 2670 |
|
grants a protection order or approves a consent agreement, or that | 2671 |
|
refuses to
grant a protection order or approve a consent | 2672 |
|
agreement, is a final,
appealable order. The remedies and | 2673 |
|
procedures provided in this
section are in
addition to, and not in | 2674 |
|
lieu of, any other available civil or
criminal remedies. | 2675 |
| (J) Notwithstanding any provision of law to the contrary
and | 2687 |
|
regardless of whether a protection order is
issued or a consent | 2688 |
|
agreement is approved by a court of another county or a court of | 2689 |
|
another state,
no
court
or unit of state or local government shall | 2690 |
|
charge
any fee, cost, deposit, or money in connection with
the | 2691 |
| filing of a
petition pursuant
to this section
or in connection | 2692 |
|
with the
filing, issuance, registration, or service of a | 2693 |
|
protection order
or consent agreement, or for obtaining a | 2694 |
|
certified copy of a
protection order or consent agreement. | 2695 |
| (2) If any person required to pay child support under an | 2699 |
|
order
made under this section on or after April 15, 1985, or | 2700 |
|
modified
under this section on or after December 31, 1986, is | 2701 |
|
found in
contempt of court for failure to make support payments | 2702 |
|
under the
order, the court that makes the finding, in addition to | 2703 |
|
any other
penalty or remedy imposed, shall assess all court costs | 2704 |
|
arising
out of the contempt proceeding against the person and | 2705 |
|
require the
person to pay any reasonable attorney's fees of any | 2706 |
|
adverse
party, as determined by the court, that arose in relation | 2707 |
|
to the
act of contempt. | 2708 |
| (2) The punishment of a person for contempt of court for | 2716 |
|
violation of a protection order issued or a consent agreement | 2717 |
|
approved under this section does not bar criminal prosecution of | 2718 |
|
the person for a violation of section 2919.27 of the Revised
Code. | 2719 |
|
However, a person punished for contempt of court is
entitled to | 2720 |
|
credit for the punishment imposed upon conviction of
a violation | 2721 |
|
of that section, and a person convicted of a
violation of that | 2722 |
|
section shall not subsequently be punished for
contempt of court | 2723 |
|
arising out of the same activity. | 2724 |
| (N)(1) A petitioner who obtains a protection order or
consent | 2727 |
| agreement under
this section or a temporary protection
order under | 2728 |
| section 2919.26 of the
Revised Code may provide notice
of the | 2729 |
| issuance or approval of the order or
agreement to the
judicial and | 2730 |
| law enforcement officials in any county other
than
the county in | 2731 |
| which the order is issued or the agreement is
approved by | 2732 |
|
registering that order or agreement in the other
county pursuant | 2733 |
| to division
(N)(2) of this section and filing a
copy of the | 2734 |
| registered order or registered
agreement with a law
enforcement | 2735 |
| agency in the other county in accordance with
that
division. A | 2736 |
| person who obtains a protection order issued by a
court
of another | 2737 |
| state may provide notice of the issuance of the
order to the | 2738 |
|
judicial and law enforcement officials in any county
of this state | 2739 |
| by
registering the order in that county pursuant to
section | 2740 |
| 2919.272 of the
Revised Code and filing a copy of the
registered | 2741 |
| order with a law enforcement
agency in that county. | 2742 |