As Passed by the Senate

126th General Assembly
Regular Session
2005-2006
Sub. S. B. No. 281


Senators Stivers, Padgett, Mumper, Goodman, Austria, Spada, Zurz 

A BILL
To amend sections 109.761, 109.802, 2921.51, 2929.13, 1
2929.14, and 2941.1414 to enact new section 2
109.803, and to repeal section 109.803 of the 3
Revised Code to mandate up to 24 hours a year of 4
continuing professional training for peace 5
officers and state highway patrol troopers, to 6
provide a mechanism for the granting for a 7
calendar year because of emergency circumstances 8
of an extension of the time within which a peace 9
officer or trooper must complete the required 10
minimum number of hours of training, to establish 11
the method by which the Attorney General 12
reimburses the costs of training programs for 13
peace officers and troopers of public appointing 14
authorities, to prohibit impersonating BCII 15
investigators, to apply the increased penalties 16
for aggravated vehicular homicide when the victim 17
is a peace officer to when the victim is a BCII 18
investigator, and to make an appropriation.19


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

       Section 1. That sections 109.761, 109.802, 2921.51, 2929.13, 20
2929.14, and 2941.1414 be amended and new section 109.803 of the 21
Revised Code be enacted to read as follows:22

       Sec. 109.761. (A)(1) Each agency or entity that appoints or23
employs one or more peace officers shall report to the Ohio peace24
officer training commission all of the following that occur on or25
after the effective date of this sectionFebruary 20, 2002:26

       (a) The appointment or employment of any person to serve the27
agency or entity as a peace officer in any full-time, part-time,28
reserve, auxiliary, or other capacity;29

       (b) The termination, resignation, felony conviction, or death30
of any person who has been appointed to or employed by the agency31
or entity as a peace officer in any full-time, part-time, reserve,32
auxiliary, or other capacity and is serving the agency or entity33
in any of those peace officer capacities.34

       (2) An agency or entity shall make each report required by35
this division not later than ten days after the occurrence of the36
event being reported. The agency or entity shall make the report37
in the manner and format prescribed by the executive director of38
the Ohio peace officer training commission.39

       (B) Each agency or entity that appoints or employs one or40
more peace officers or state highway patrol troopers shall 41
annually provide to the Ohio peace officer training commission a 42
roster of all persons who have been appointed to or employed by 43
the agency or entity as peace officers or troopers in any 44
full-time, part-time, reserve, auxiliary, or other capacity and 45
are serving, or during the year covered by the report have served, 46
the agency or entity in any of those peace officer or trooper47
capacities. The agency or entity shall provide the roster in the48
manner and format, and by the date, prescribed by the executive49
director of the Ohio peace officer training commission.50

       (C) The Ohio peace officer training commission shall51
prescribe the manner and format of making reports under division52
(A) of this section and providing annual rosters under division53
(B) of this section and shall prescribe the date by which the54
annual rosters must be provided.55

       Sec. 109.802.  (A) There is hereby created in the state56
treasury the law enforcement assistance fund. The fund shall be57
used to pay reimbursements for law enforcementcontinuing 58
professional training programs for peace officers and troopers as59
provided in this section and section 109.803 of the Revised Code,60
the compensation of any employees of the attorney general required 61
to administer those sections, and any other administrative costs 62
incurred by the attorney general to administer those sections.63

       (B) The attorney general shall adopt rules in accordance with 64
Chapter 119. of the Revised Code establishing application65
procedures, standards, and guidelines, and prescribing an66
application form, for the reimbursement of sheriffs, constables,67
chiefs of police of organized municipal and township police68
departments, chiefs of police of township police district police69
forces, and chiefs of police of university or college police70
departments for the costs of peace officer basic training71
programs, advanced peace officer training programs, basic jailer72
training programs, and firearms requalification programs73
successfully completed by them or the peace officers under their74
supervision, for the reimbursement of the superintendent of the75
state highway patrol and the director of natural resources for the 76
costs of peace officer basic training programs, advanced peace 77
officer training programs, and basic jailer training programs 78
successfully completed by them or the peace officers under their 79
supervision, and for the reimbursement of the chief of the adult 80
parole authority and the chief probation officer of a county 81
probation department, multicounty probation department, and 82
municipal court department of probation for the costs of basic 83
firearm training programs and firearms requalification programs 84
successfully completed by them or by parole or probation officers 85
under their supervisionpublic appointing authorities for the cost 86
of continuing professional training programs for their peace 87
officers and troopers. The rules shall include, but are not 88
limited to, all of the following:89

       (1) A requirement that applications for reimbursement be90
submitted on a fiscalcalendar-year basis;91

       (2) The documentation required to substantiate any costs for 92
which the applicant seeks reimbursement;93

       (3) The procedure for prorating reimbursements if the amount 94
of money appropriated for reimbursement for any fiscal year is not 95
sufficient to pay all of the costs approved for reimbursement for 96
that fiscal yearProcedures for submitting applications for 97
reimbursement for the cost of continuing professional training 98
programs completed by a peace officer or trooper for whom the 99
executive director of the Ohio peace officer training commission 100
granted pursuant to division (A)(2) of section 109.803 of the 101
Revised Code an extension of the time for compliance with the 102
continuing professional training requirement specified in division 103
(A) of that section and who complied with the requirement prior to 104
the date on which the extension ends;105

       (4) Any other requirements necessary for the proper106
administration of the reimbursement program.107

       (C) The Ohio peace officer training commission shall 108
administer a program for reimbursing public appointing authorities 109
for the costs of continuing professional training programs that 110
are successfully completed by the appointing authority's peace 111
officers or troopers. The commission shall administer the 112
reimbursement program in accordance with rules adopted by the 113
attorney general pursuant to division (B) of this section.114

        (D) Each sheriff, constable, and chief of police of an115
organized municipal or township police department, township police 116
district police force, or university or college police department117
public appointing authority may apply each fiscalcalendar year to 118
the peace officer training commission for reimbursement for the 119
costs of peace officer basiccontinuing professional training 120
programs, advanced peace officer training programs, basic jailer 121
training programs, and firearms requalification training programs122
that are successfully completed by the sheriff, constable, or 123
chief or a peace officer under the sheriff's, constable's, or 124
chief's supervision. The superintendent of the state highway 125
patrol and the director of natural resources may apply each fiscal 126
year to the peace officer training commission for reimbursement 127
for the costs of peace officer basic training programs, advanced 128
peace officer training programs, and basic jailer training 129
programs successfully completed by the superintendent or director 130
or the peace officers under the superintendent's or director's131
supervision. The chief of the adult parole authority and each 132
chief probation officer of a county probation department, 133
multicounty probation department, or municipal court department of 134
probation may apply each fiscal year to the peace officer training 135
commission for reimbursement for the costs of basic firearm 136
training programs and firearms requalification programs 137
successfully completed by that chief or by parole or probation 138
officers under the chief's supervisionappointing authority's 139
peace officers or troopers. Each application shall be made in140
accordance with, on an application form prescribed in, and be 141
supported by the documentation required by, the rules adopted by 142
the attorney general pursuant to division (B) of this section.143

       (D)(E)(1) The Ohio peace officer training commission, in 144
accordance with rules of the attorney general adopted under 145
division (B) of this section, shall review each application for 146
reimbursement made under division (D) of this section to determine 147
if the applicant is entitled to reimbursement for the training 148
programs for which the applicant seeks reimbursement. Except as 149
provided in division (E)(2) of this section, a public appointing 150
authority that applies under division (D) of this section for 151
reimbursement is entitled to reimbursement only if all of the 152
appointing authority's peace officers or troopers comply with the 153
continuing professional training requirement specified in division 154
(A)(1) of section 109.803 of the Revised Code by completing the 155
minimum number of hours of training directed by the Ohio peace 156
officer training commission under that division and with the other 157
requirements described in that division.158

        (2) If a public appointing authority applies under division 159
(D) of this section for reimbursement, if one or more of its peace 160
officers or troopers have not complied with the continuing 161
professional training requirement specified in division (A)(1) of 162
section 109.803 of the Revised Code by completing the minimum 163
number of hours of training directed by the Ohio peace officer 164
training commission under that division, and if the executive 165
director of the commission granted pursuant to division (A)(2) of 166
section 109.803 of the Revised Code an extension of the time 167
within which each of those peace officers or troopers who have not 168
complied with the continuing professional training requirement 169
must comply with that requirement, notwithstanding division (E)(1) 170
of this section, both of the following apply:171

        (a) If each peace officer or trooper of the public appointing 172
authority for whom the executive director of the commission did 173
not grant an extension pursuant to division (A)(2) of section 174
109.803 of the Revised Code has complied with the continuing 175
professional training requirement and with the other requirements 176
described in division (A)(1) of section 109.803 of the Revised 177
Code, the public appointing authority is entitled to reimbursement 178
for the training programs completed by all of its peace officers 179
or troopers who have so complied with the continuing professional 180
training requirement and the other specified requirements.181

        (b) If a peace officer or trooper of the public appointing 182
authority for whom the executive director of the commission 183
granted an extension pursuant to division (A)(2) of section 184
109.803 of the Revised Code complies prior to the date on which 185
the extension ends with the continuing professional training 186
requirement, and if the peace officer or trooper also has complied 187
with the other requirements described in division (A)(1) of 188
section 109.803 of the Revised Code, the public appointing 189
authority is entitled to reimbursement for the training programs 190
completed by that peace officer or trooper. An application for 191
reimbursement of the type described in this division shall be made 192
in accordance with rules adopted by the attorney general pursuant 193
to division (B) of section 109.802 of the Revised Code.194

        (3) If a public appointing authority that applies under 195
division (D) of this section for reimbursement is entitled to 196
reimbursement under division (E)(1) or (2) of this section for 197
each peace officer and trooper who successfully completes a 198
training program, the commission shall approve reimbursing the 199
appointing authority for the cost of that program. The actual 200
amount of reimbursement for each authorized training program shall 201
be determined by rules adopted by the attorney general under 202
division (B) of this section.203

       If the public appointing authority is entitled to 204
reimbursement under division (E)(2)(a) of this section, payment of 205
the reimbursement shall not be withheld during the period of the 206
extension granted to the other peace officers or troopers of the 207
authority pursuant to division (A)(2) of section 109.803 of the 208
Revised Code, pending their compliance with the requirement. If 209
the public appointing authority is entitled to reimbursement under 210
division (E)(2)(a) of this section and if one or more of its peace 211
officers or troopers who were granted an extension pursuant to 212
division (A)(2) of section 109.803 of the Revised Code fails to 213
complete prior to the date on which the extension ends the 214
required minimum number of hours of continuing professional 215
training set by the commission under division (A)(1) of section 216
109.803 of the Revised Code, the failure does not affect the 217
reimbursement made to the public appointing authority, and the 218
public appointing authority is not required to return the 219
reimbursement or any portion of it.220

        (F) Each public appointing authority that receives funds 221
under this section shall keep those funds separate from any other 222
funds of the appointing authority and shall use those funds only 223
for paying the cost of continuing professional training programs.224

        (G) As used in this section and section 109.803 of the225
Revised Code:226

       (1) "Peace officer" includes a sheriff, deputy sheriff,227
marshal, deputy marshal, chief of police and member of a municipal 228
or township police department, chief of police and member of a 229
township police district police force, chief of police of a 230
university or college police department, state university law 231
enforcement officer appointed under section 3345.04 of the Revised 232
Code, superintendent of the state highway patrol, state highway 233
patrol trooper, and employee of the department of natural 234
resources who is a natural resources law enforcement staff 235
officer, park officer, forest officer, preserve officer, wildlife 236
officer, or state watercraft officerhas the same meaning as in 237
section 109.71 of the Revised Code.238

       (2) "Chief of police of an organized municipal police239
department" includes the chief of police of a village police240
department.241

       (3) "Chief of police of a village police department" means242
the village marshal.243

       (4) "Chief of police of a university or college police244
department" means the person who has direct supervisory authority245
over the state university law enforcement officers who are246
appointed for the university or college pursuant to section 247
3345.04 of the Revised Code by the board of trustees of the 248
university or college"Trooper" means an individual appointed as a 249
state highway patrol trooper under section 5503.01 of the Revised 250
Code.251

        (3) "Appointing authority" means any agency or entity that 252
appoints a peace officer or trooper.253

       Sec. 109.803. (A)(1) Subject to division (A)(2) of this 254
section, every appointing authority shall require each of its 255
appointed peace officers and troopers to complete up to 256
twenty-four hours of continuing professional training each 257
calendar year, as directed by the Ohio peace officer training 258
commission. The number of hours directed by the commission, up to 259
twenty-four hours, is intended to be a minimum requirement, and 260
appointing authorities are encouraged to exceed the number of 261
hours the commission directs as the minimum. The commission shall 262
set the required minimum number of hours based upon available 263
funding for reimbursement as described in this division. If no 264
funding for the reimbursement is available, no continuing 265
professional training will be required.266

        (2) An appointing authority may submit a written request to 267
the peace officer training commission that requests for a calendar 268
year because of emergency circumstances an extension of the time 269
within which one or more of its appointed peace officers or 270
troopers must complete the required minimum number of hours of 271
continuing professional training set by the commission, as 272
described in division (A)(1) of this section. A request made under 273
this division shall set forth the name of each of the appointing 274
authority's peace officers or troopers for whom an extension is 275
requested, identify the emergency circumstances related to that 276
peace officer or trooper, include documentation of those emergency 277
circumstances, and set forth the date on which the request is 278
submitted to the commission. A request shall be made under this 279
division not later than the fifteenth day of December in the 280
calendar year for which the extension is requested.281

        Upon receipt of a written request made under this division, 282
the executive director of the commission shall review the request 283
and the submitted documentation. If the executive director of the 284
commission is satisfied that emergency circumstances exist for any 285
peace officer or trooper for whom a request was made under this 286
division, the executive director may approve the request for that 287
peace officer or trooper and grant an extension of the time within 288
which that peace officer or trooper must complete the required 289
minimum number of hours of continuing professional training set by 290
the commission. An extension granted under this division may be 291
for any period of time the executive director believes to be 292
appropriate, and the executive director shall specify in the 293
notice granting the extension the date on which the extension 294
ends. Not later than thirty days after the date on which a request 295
is submitted to the commission, for each peace officer and trooper 296
for whom an extension is requested, the executive director either 297
shall approve the request and grant an extension or deny the 298
request and deny an extension and shall send to the appointing 299
authority that submitted the request written notice of the 300
executive director's decision.301

       If the executive director grants an extension of the time 302
within which a particular appointed peace officer or trooper of an 303
appointing authority must complete the required minimum number of 304
hours of continuing professional training set by the commission, 305
the appointing authority shall require that peace officer or 306
trooper to complete the required minimum number of hours of 307
training not later than the date on which the extension ends.308

        (3)(a) If a public appointing authority complies with the 309
training requirement specified in division (A)(1) of this section 310
by requiring each of its appointed peace officers and troopers to 311
complete the number of hours of training the commission directs as 312
the minimum and with division (B) of section 109.761 of the 313
Revised Code and if the appointed peace officers and troopers of 314
the public appointing authority comply with section 109.801 of the 315
Revised Code to the extent that they are subject to that section 316
and comply with all other training mandated by the general 317
assembly or the attorney general, the attorney general shall 318
reimburse the public appointing authority for the successful 319
training costs of each of its appointed peace officers and 320
troopers as provided in section 109.802 of the Revised Code.321

       (b) If the executive director of the Ohio peace officer 322
training commission grants pursuant to division (A)(2) of this 323
section an extension of the time within which one or more 324
appointed peace officers or troopers of a public appointing 325
authority must complete the required minimum number of hours of 326
continuing professional training set by the commission, and if the 327
criteria set forth in division (A)(3)(a) of this section are 328
satisfied regarding each appointed peace officer or trooper of the 329
public appointing authority for whom such an extension was not 330
granted, the attorney general shall reimburse the public 331
appointing authority for the successful training costs of each of 332
its appointed peace officers and troopers for whom such an 333
extension was not granted, as provided in section 109.802 of the 334
Revised Code.335

        If an appointed peace officer or trooper of a public 336
appointing authority for whom the executive director granted such 337
an extension completes prior to the date on which the extension 338
ends the number of hours of training the commission directs as the 339
minimum, if the officer or trooper also has complied with section 340
109.801 of the Revised Code to the extent that the officer or 341
trooper is subject to that section and has complied with all other 342
training mandated by the general assembly or the attorney general, 343
and if the public appointing authority has complied with division 344
(B) of section 109.761 of the Revised Code, the attorney general 345
shall reimburse the public appointing authority for the successful 346
training costs of that peace officer or trooper as provided in 347
section 109.802 of the Revised Code. 348

       (B)(1) Subject to division (B)(2) of this section, no 349
appointed peace officer or trooper of an appointing authority who 350
fails to complete in any calendar year the required hours of 351
continuing professional training the Ohio peace officer training 352
commission directs pursuant to division (A) of this section as the 353
minimum number of hours or who fails to comply with section 354
109.801 of the Revised Code or any other required training shall 355
carry a firearm during the course of official duties or perform 356
the functions of a peace officer or trooper until evidence of the 357
peace officer's or trooper's compliance with those requirements is 358
filed with the executive director of the Ohio peace officer 359
training commission.360

       (2) If the executive director of the Ohio peace officer 361
training commission grants pursuant to division (A)(2) of this 362
section an extension of the time within which an appointed peace 363
officer or trooper of an appointing authority must complete the 364
required minimum number of hours of continuing professional 365
training set by the commission, during the period of the extension 366
division (B)(1) of this section does not apply to a peace officer 367
or trooper for whom such an extension was granted, provided that 368
peace officer or trooper has complied with section 109.801 of the 369
Revised Code to the extent that the officer or trooper is subject 370
to that section and has complied with all other required training. 371
If a peace officer or trooper of an appointing authority for whom 372
such an extension was granted fails to complete prior to the date 373
on which the extension ends the required minimum number of hours 374
of continuing professional training set by the commission, 375
division (B)(1) of this section applies to that officer or trooper 376
after the date on which the extension ends.377

       (C) With the advice of the Ohio peace officer training 378
commission, the attorney general shall adopt in accordance with 379
Chapter 119. of the Revised Code rules setting forth minimum 380
standards for continuing professional training for peace officers 381
and troopers and governing the administration of continuing 382
professional training programs for peace officers and troopers. 383
The attorney general shall transmit a certified copy of any rule 384
adopted under this section to the secretary of state.385

       Sec. 2921.51.  (A) As used in this section:386

       (1) "Peace officer" means a sheriff, deputy sheriff, marshal, 387
deputy marshal, member of the organized police department of a 388
municipal corporation, or township constable, who is employed by a 389
political subdivision of this state, a member of a police force 390
employed by a metropolitan housing authority under division (D) of 391
section 3735.31 of the Revised Code, a member of a police force 392
employed by a regional transit authority under division (Y) of 393
section 306.35 of the Revised Code, a state university law394
enforcement officer appointed under section 3345.04 of the Revised395
Code, a veterans' home police officer appointed under section 396
5907.02 of the Revised Code, a special police officer employed by 397
a port authority under section 4582.04 or 4582.28 of the Revised 398
Code, or a state highway patrol trooper and whose primary duties 399
are to preserve the peace, to protect life and property, and to 400
enforce the laws, ordinances, or rules of the state or any of its 401
political subdivisions.402

       (2) "Private police officer" means any security guard,403
special police officer, private detective, or other person who is404
privately employed in a police capacity.405

       (3) "Impersonate" means to act the part of, assume the406
identity of, wear the uniform or any part of the uniform of, or407
display the identification of a particular person or of a member408
of a class of persons with purpose to make another person believe409
that the actor is that particular person or is a member of that410
class of persons.411

       (4) "Investigator of the bureau of criminal identification 412
and investigation" has the same meaning as in section 2903.11 of 413
the Revised Code.414

       (B) No person shall impersonate a peace officer or a, private415
police officer, or investigator of the bureau of criminal 416
identification and investigation.417

       (C) No person, by impersonating a peace officer or a, private418
police officer, or investigator of the bureau of criminal 419
identification and investigation, shall arrest or detain any 420
person, search any person, or search the property of any person.421

       (D) No person, with purpose to commit or facilitate the422
commission of an offense, shall impersonate a peace officer, a423
private police officer, or an officer, agent, or employee of the424
state, or investigator of the bureau of criminal identification 425
and investigation.426

       (E) No person shall commit a felony while impersonating a427
peace officer, a private police officer, or an officer, agent, or428
employee of the state, or investigator of the bureau of criminal 429
identification and investigation.430

       (F) It is an affirmative defense to a charge under division431
(B) of this section that the impersonation of the peace officer, 432
private police officer, or investigator of the bureau of criminal 433
identification and investigation was for a lawful purpose.434

       (G) Whoever violates division (B) of this section is guilty435
of a misdemeanor of the fourth degree. Whoever violates division436
(C) or (D) of this section is guilty of a misdemeanor of the first437
degree. If the purpose of a violation of division (D) of this438
section is to commit or facilitate the commission of a felony, a439
violation of division (D) is a felony of the fourth degree.440
Whoever violates division (E) of this section is guilty of a441
felony of the third degree.442

       Sec. 2929.13.  (A) Except as provided in division (E), (F),443
or (G) of this section and unless a specific sanction is required444
to be imposed or is precluded from being imposed pursuant to law,445
a court that imposes a sentence upon an offender for a felony may446
impose any sanction or combination of sanctions on the offender447
that are provided in sections 2929.14 to 2929.18 of the Revised448
Code. The sentence shall not impose an unnecessary burden on state 449
or local government resources.450

       If the offender is eligible to be sentenced to community451
control sanctions, the court shall consider the appropriateness of452
imposing a financial sanction pursuant to section 2929.18 of the453
Revised Code or a sanction of community service pursuant to454
section 2929.17 of the Revised Code as the sole sanction for the455
offense. Except as otherwise provided in this division, if the456
court is required to impose a mandatory prison term for the457
offense for which sentence is being imposed, the court also may458
impose a financial sanction pursuant to section 2929.18 of the459
Revised Code but may not impose any additional sanction or460
combination of sanctions under section 2929.16 or 2929.17 of the461
Revised Code.462

       If the offender is being sentenced for a fourth degree felony463
OVI offense or for a third degree felony OVI offense, in addition464
to the mandatory term of local incarceration or the mandatory465
prison term required for the offense by division (G)(1) or (2) of466
this section, the court shall impose upon the offender a mandatory467
fine in accordance with division (B)(3) of section 2929.18 of the468
Revised Code and may impose whichever of the following is469
applicable:470

       (1) For a fourth degree felony OVI offense for which sentence 471
is imposed under division (G)(1) of this section, an additional472
community control sanction or combination of community control 473
sanctions under section 2929.16 or 2929.17 of the Revised Code. If 474
the court imposes upon the offender a community control sanction 475
and the offender violates any condition of the community control 476
sanction, the court may take any action prescribed in division (B) 477
of section 2929.15 of the Revised Code relative to the offender, 478
including imposing a prison term on the offender pursuant to that 479
division.480

       (2) For a third or fourth degree felony OVI offense for which481
sentence is imposed under division (G)(2) of this section, an 482
additional prison term as described in division (D)(4) of section 483
2929.14 of the Revised Code or a community control sanction as 484
described in division (G)(2) of this section.485

       (B)(1) Except as provided in division (B)(2), (E), (F), or486
(G) of this section, in sentencing an offender for a felony of the487
fourth or fifth degree, the sentencing court shall determine488
whether any of the following apply:489

       (a) In committing the offense, the offender caused physical490
harm to a person.491

       (b) In committing the offense, the offender attempted to492
cause or made an actual threat of physical harm to a person with a493
deadly weapon.494

       (c) In committing the offense, the offender attempted to495
cause or made an actual threat of physical harm to a person, and496
the offender previously was convicted of an offense that caused497
physical harm to a person.498

       (d) The offender held a public office or position of trust499
and the offense related to that office or position; the offender's500
position obliged the offender to prevent the offense or to bring501
those committing it to justice; or the offender's professional502
reputation or position facilitated the offense or was likely to503
influence the future conduct of others.504

       (e) The offender committed the offense for hire or as part of 505
an organized criminal activity.506

       (f) The offense is a sex offense that is a fourth or fifth507
degree felony violation of section 2907.03, 2907.04, 2907.05,508
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the509
Revised Code.510

       (g) The offender at the time of the offense was serving, or511
the offender previously had served, a prison term.512

       (h) The offender committed the offense while under a513
community control sanction, while on probation, or while released514
from custody on a bond or personal recognizance.515

       (i) The offender committed the offense while in possession of 516
a firearm.517

       (2)(a) If the court makes a finding described in division518
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this519
section and if the court, after considering the factors set forth520
in section 2929.12 of the Revised Code, finds that a prison term521
is consistent with the purposes and principles of sentencing set522
forth in section 2929.11 of the Revised Code and finds that the523
offender is not amenable to an available community control524
sanction, the court shall impose a prison term upon the offender.525

       (b) Except as provided in division (E), (F), or (G) of this526
section, if the court does not make a finding described in527
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of528
this section and if the court, after considering the factors set529
forth in section 2929.12 of the Revised Code, finds that a530
community control sanction or combination of community control531
sanctions is consistent with the purposes and principles of532
sentencing set forth in section 2929.11 of the Revised Code, the533
court shall impose a community control sanction or combination of534
community control sanctions upon the offender.535

       (C) Except as provided in division (D), (E), (F), or (G) of 536
this section, in determining whether to impose a prison term as a537
sanction for a felony of the third degree or a felony drug offense538
that is a violation of a provision of Chapter 2925. of the Revised539
Code and that is specified as being subject to this division for540
purposes of sentencing, the sentencing court shall comply with the541
purposes and principles of sentencing under section 2929.11 of the542
Revised Code and with section 2929.12 of the Revised Code.543

       (D)(1) Except as provided in division (E) or (F) of this544
section, for a felony of the first or second degree, for a felony 545
drug offense that is a violation of any provision of Chapter 546
2925., 3719., or 4729. of the Revised Code for which a presumption 547
in favor of a prison term is specified as being applicable, and 548
for a violation of division (A)(4) of section 2907.05 of the 549
Revised Code for which a presumption in favor of a prison term is 550
specified as being applicable, it is presumed that a prison term 551
is necessary in order to comply with the purposes and principles 552
of sentencing under section 2929.11 of the Revised Code. Division 553
(D)(2) of this section does not apply to a presumption established 554
under this division for a violation of division (A)(4) of section 555
2907.05 of the Revised Code.556

       (2) Notwithstanding the presumption established under 557
division (D)(1) of this section for the offenses listed in that 558
division other than a violation of division (A)(4) of section 559
2907.05 of the Revised Code, the sentencing court may impose a 560
community control sanction or a combination of community control561
sanctions instead of a prison term on an offender for a felony of 562
the first or second degree or for a felony drug offense that is a 563
violation of any provision of Chapter 2925., 3719., or 4729. of 564
the Revised Code for which a presumption in favor of a prison term 565
is specified as being applicable if it makes both of the following 566
findings:567

       (a) A community control sanction or a combination of568
community control sanctions would adequately punish the offender569
and protect the public from future crime, because the applicable570
factors under section 2929.12 of the Revised Code indicating a571
lesser likelihood of recidivism outweigh the applicable factors572
under that section indicating a greater likelihood of recidivism.573

       (b) A community control sanction or a combination of574
community control sanctions would not demean the seriousness of575
the offense, because one or more factors under section 2929.12 of576
the Revised Code that indicate that the offender's conduct was577
less serious than conduct normally constituting the offense are578
applicable, and they outweigh the applicable factors under that579
section that indicate that the offender's conduct was more serious580
than conduct normally constituting the offense.581

       (E)(1) Except as provided in division (F) of this section,582
for any drug offense that is a violation of any provision of583
Chapter 2925. of the Revised Code and that is a felony of the584
third, fourth, or fifth degree, the applicability of a presumption585
under division (D) of this section in favor of a prison term or of586
division (B) or (C) of this section in determining whether to587
impose a prison term for the offense shall be determined as588
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,589
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the590
Revised Code, whichever is applicable regarding the violation.591

       (2) If an offender who was convicted of or pleaded guilty to592
a felony violates the conditions of a community control sanction593
imposed for the offense solely by reason of producing positive594
results on a drug test, the court, as punishment for the violation595
of the sanction, shall not order that the offender be imprisoned596
unless the court determines on the record either of the following:597

       (a) The offender had been ordered as a sanction for the598
felony to participate in a drug treatment program, in a drug599
education program, or in narcotics anonymous or a similar program,600
and the offender continued to use illegal drugs after a reasonable601
period of participation in the program.602

       (b) The imprisonment of the offender for the violation is603
consistent with the purposes and principles of sentencing set604
forth in section 2929.11 of the Revised Code.605

       (F) Notwithstanding divisions (A) to (E) of this section, the 606
court shall impose a prison term or terms under sections 2929.02 607
to 2929.06, section 2929.14, or section 2971.03 of the Revised 608
Code and except as specifically provided in section 2929.20 or 609
2967.191 of the Revised Code or when parole is authorized for the 610
offense under section 2967.13 of the Revised Code shall not reduce 611
the terms pursuant to section 2929.20, section 2967.193, or any 612
other provision of Chapter 2967. or Chapter 5120. of the Revised 613
Code for any of the following offenses:614

       (1) Aggravated murder when death is not imposed or murder;615

       (2) Any rape, regardless of whether force was involved and616
regardless of the age of the victim, or an attempt to commit rape 617
if, had the offender completed the rape that was attempted, the618
offender would have been subject to a sentence of life619
imprisonment or life imprisonment without parole for the rape;620

       (3) Gross sexual imposition or sexual battery, if the victim621
is under thirteen years of age and if any of the following 622
applies:623

       (a) Regarding gross sexual imposition, the offender 624
previously was convicted of or pleaded guilty to rape, the former 625
offense of felonious sexual penetration, gross sexual imposition, 626
or sexual battery, and the victim of the previous offense was 627
under thirteen years of age;628

       (b) Regarding gross sexual imposition, the offense was 629
committed on or after the effective date of this amendmentAugust 630
3, 2006, and evidence other than the testimony of the victim was 631
admitted in the case corroborating the violation.632

       (c) Regarding sexual battery, either of the following 633
applies:634

       (i) The offense was committed prior to the effective date of 635
this amendmentAugust 3, 2006, the offender previously was 636
convicted of or pleaded guilty to rape, the former offense of 637
felonious sexual penetration, or sexual battery, and the victim of 638
the previous offense was under thirteen years of age.639

       (ii) The offense was committed on or after the effective date 640
of this amendmentAugust 3, 2006.641

       (4) A felony violation of section 2903.04, 2903.06, 2903.08,642
2903.11, 2903.12, or 2903.13 of the Revised Code if the section643
requires the imposition of a prison term;644

       (5) A first, second, or third degree felony drug offense for645
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,646
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or647
4729.99 of the Revised Code, whichever is applicable regarding the648
violation, requires the imposition of a mandatory prison term;649

       (6) Any offense that is a first or second degree felony and650
that is not set forth in division (F)(1), (2), (3), or (4) of this651
section, if the offender previously was convicted of or pleaded652
guilty to aggravated murder, murder, any first or second degree653
felony, or an offense under an existing or former law of this654
state, another state, or the United States that is or was655
substantially equivalent to one of those offenses;656

       (7) Any offense that is a third degree felony and either is 657
a violation of section 2903.04 of the Revised Code or an attempt 658
to commit a felony of the second degree that is an offense of 659
violence and involved an attempt to cause serious physical harm to 660
a person or that resulted in serious physical harm to a person if 661
the offender previously was convicted of or pleaded guilty to any 662
of the following offenses:663

       (a) Aggravated murder, murder, involuntary manslaughter, 664
rape, felonious sexual penetration as it existed under section 665
2907.12 of the Revised Code prior to September 3, 1996, a felony 666
of the first or second degree that resulted in the death of a 667
person or in physical harm to a person, or complicity in or an 668
attempt to commit any of those offenses;669

       (b) An offense under an existing or former law of this state, 670
another state, or the United States that is or was substantially 671
equivalent to an offense listed in division (F)(7)(a) of this 672
section that resulted in the death of a person or in physical harm 673
to a person.674

       (8) Any offense, other than a violation of section 2923.12 of 675
the Revised Code, that is a felony, if the offender had a firearm 676
on or about the offender's person or under the offender's control677
while committing the felony, with respect to a portion of the678
sentence imposed pursuant to division (D)(1)(a) of section 2929.14 679
of the Revised Code for having the firearm;680

       (9) Any offense of violence that is a felony, if the offender 681
wore or carried body armor while committing the felony offense of 682
violence, with respect to the portion of the sentence imposed 683
pursuant to division (D)(1)(d) of section 2929.14 of the Revised 684
Code for wearing or carrying the body armor;685

       (10) Corrupt activity in violation of section 2923.32 of the686
Revised Code when the most serious offense in the pattern of687
corrupt activity that is the basis of the offense is a felony of688
the first degree;689

       (11) Any violent sex offense or designated homicide, assault, 690
or kidnapping offense if, in relation to that offense, the 691
offender is adjudicated a sexually violent predator;692

       (12) A violation of division (A)(1) or (2) of section 2921.36 693
of the Revised Code, or a violation of division (C) of that 694
section involving an item listed in division (A)(1) or (2) of that 695
section, if the offender is an officer or employee of the696
department of rehabilitation and correction;697

        (13) A violation of division (A)(1) or (2) of section 2903.06 698
of the Revised Code if the victim of the offense is a peace 699
officer, as defined in section 2935.01 of the Revised Code, or an 700
investigator of the bureau of criminal identification and 701
investigation, as defined in section 2903.11 of the Revised Code,702
with respect to the portion of the sentence imposed pursuant to 703
division (D)(5) of section 2929.14 of the Revised Code;704

        (14) A violation of division (A)(1) or (2) of section 2903.06 705
of the Revised Code if the offender has been convicted of or 706
pleaded guilty to three or more violations of division (A) or (B) 707
of section 4511.19 of the Revised Code or an equivalent offense, 708
as defined in section 2941.1415 of the Revised Code, or three or 709
more violations of any combination of those divisions and 710
offenses, with respect to the portion of the sentence imposed 711
pursuant to division (D)(6) of section 2929.14 of the Revised 712
Code.713

       (G) Notwithstanding divisions (A) to (E) of this section, if714
an offender is being sentenced for a fourth degree felony OVI715
offense or for a third degree felony OVI offense, the court shall716
impose upon the offender a mandatory term of local incarceration717
or a mandatory prison term in accordance with the following:718

       (1) If the offender is being sentenced for a fourth degree719
felony OVI offense and if the offender has not been convicted of 720
and has not pleaded guilty to a specification of the type 721
described in section 2941.1413 of the Revised Code, the court may 722
impose upon the offender a mandatory term of local incarceration723
of sixty days or one hundred twenty days as specified in division 724
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall725
not reduce the term pursuant to section 2929.20, 2967.193, or any726
other provision of the Revised Code. The court that imposes a727
mandatory term of local incarceration under this division shall728
specify whether the term is to be served in a jail, a729
community-based correctional facility, a halfway house, or an730
alternative residential facility, and the offender shall serve the731
term in the type of facility specified by the court. A mandatory732
term of local incarceration imposed under division (G)(1) of this733
section is not subject to extension under section 2967.11 of the734
Revised Code, to a period of post-release control under section735
2967.28 of the Revised Code, or to any other Revised Code736
provision that pertains to a prison term except as provided in 737
division (A)(1) of this section.738

       (2) If the offender is being sentenced for a third degree739
felony OVI offense, or if the offender is being sentenced for a740
fourth degree felony OVI offense and the court does not impose a741
mandatory term of local incarceration under division (G)(1) of742
this section, the court shall impose upon the offender a mandatory 743
prison term of one, two, three, four, or five years if the 744
offender also is convicted of or also pleads guilty to a 745
specification of the type described in section 2941.1413 of the 746
Revised Code or shall impose upon the offender a mandatory prison 747
term of sixty days or one hundred twenty days as specified in 748
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code 749
if the offender has not been convicted of and has not pleaded 750
guilty to a specification of that type. The court shall not reduce 751
the term pursuant to section 2929.20, 2967.193, or any other 752
provision of the Revised Code. The offender shall serve the one-, 753
two-, three-, four-, or five-year mandatory prison term 754
consecutively to and prior to the prison term imposed for the 755
underlying offense and consecutively to any other mandatory prison 756
term imposed in relation to the offense. In no case shall an 757
offender who once has been sentenced to a mandatory term of local 758
incarceration pursuant to division (G)(1) of this section for a759
fourth degree felony OVI offense be sentenced to another mandatory760
term of local incarceration under that division for any violation 761
of division (A) of section 4511.19 of the Revised Code. In 762
addition to the mandatory prison term described in division (G)(2) 763
of this section, the court may sentence the offender to a764
community control sanction under section 2929.16 or 2929.17 of the 765
Revised Code, but the offender shall serve the prison term prior 766
to serving the community control sanction. The department of 767
rehabilitation and correction may place an offender sentenced to a 768
mandatory prison term under this division in an intensive program 769
prison established pursuant to section 5120.033 of the Revised770
Code if the department gave the sentencing judge prior notice of 771
its intent to place the offender in an intensive program prison 772
established under that section and if the judge did not notify the 773
department that the judge disapproved the placement. Upon the 774
establishment of the initial intensive program prison pursuant to 775
section 5120.033 of the Revised Code that is privately operated776
and managed by a contractor pursuant to a contract entered into 777
under section 9.06 of the Revised Code, both of the following 778
apply:779

       (a) The department of rehabilitation and correction shall780
make a reasonable effort to ensure that a sufficient number of781
offenders sentenced to a mandatory prison term under this division782
are placed in the privately operated and managed prison so that783
the privately operated and managed prison has full occupancy.784

       (b) Unless the privately operated and managed prison has full785
occupancy, the department of rehabilitation and correction shall 786
not place any offender sentenced to a mandatory prison term under 787
this division in any intensive program prison established pursuant788
to section 5120.033 of the Revised Code other than the privately 789
operated and managed prison.790

       (H) If an offender is being sentenced for a sexually oriented 791
offense committed on or after January 1, 1997, the judge shall792
require the offender to submit to a DNA specimen collection793
procedure pursuant to section 2901.07 of the Revised Code if794
either of the following applies:795

       (1) The offense was a violent sex offense or a designated 796
homicide, assault, or kidnapping offense and, in relation to that 797
offense, the offender was adjudicated a sexually violent predator.798

       (2) The judge imposing sentence for the sexually oriented799
offense determines pursuant to division (B) of section 2950.09 of800
the Revised Code that the offender is a sexual predator.801

       (I) If an offender is being sentenced for a sexually oriented 802
offense that is not a registration-exempt sexually oriented 803
offense or for a child-victim oriented offense committed on or 804
after January 1, 1997, the judge shall include in the sentence a 805
summary of the offender's duties imposed under sections 2950.04, 806
2950.041, 2950.05, and 2950.06 of the Revised Code and the807
duration of the duties. The judge shall inform the offender, at 808
the time of sentencing, of those duties and of their duration and, 809
if required under division (A)(2) of section 2950.03 of the 810
Revised Code, shall perform the duties specified in that section.811

       (J)(1) Except as provided in division (J)(2) of this section, 812
when considering sentencing factors under this section in relation 813
to an offender who is convicted of or pleads guilty to an attempt 814
to commit an offense in violation of section 2923.02 of the 815
Revised Code, the sentencing court shall consider the factors816
applicable to the felony category of the violation of section817
2923.02 of the Revised Code instead of the factors applicable to818
the felony category of the offense attempted.819

       (2) When considering sentencing factors under this section in 820
relation to an offender who is convicted of or pleads guilty to an 821
attempt to commit a drug abuse offense for which the penalty is822
determined by the amount or number of unit doses of the controlled823
substance involved in the drug abuse offense, the sentencing court824
shall consider the factors applicable to the felony category that825
the drug abuse offense attempted would be if that drug abuse826
offense had been committed and had involved an amount or number of827
unit doses of the controlled substance that is within the next828
lower range of controlled substance amounts than was involved in829
the attempt.830

       (K) As used in this section, "drug abuse offense" has the831
same meaning as in section 2925.01 of the Revised Code.832

       (L) At the time of sentencing an offender who is a sexual 833
predator for any sexually oriented offense, if the offender does 834
not serve a prison term or jail term, the court may require that 835
the offender be monitored by means of a global positioning device. 836
If the court requires such monitoring, the cost of monitoring 837
shall be borne by the offender. If the offender is indigent, the 838
cost of compliance shall be paid by the crime victims reparations 839
fund.840

       Sec. 2929.14.  (A) Except as provided in division (C),841
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), or (G) of this842
section and except in relation to an offense for which a sentence843
of death or life imprisonment is to be imposed, if the court844
imposing a sentence upon an offender for a felony elects or is845
required to impose a prison term on the offender pursuant to this846
chapter, the court shall impose a definite prison term that shall847
be one of the following:848

       (1) For a felony of the first degree, the prison term shall849
be three, four, five, six, seven, eight, nine, or ten years.850

       (2) For a felony of the second degree, the prison term shall851
be two, three, four, five, six, seven, or eight years.852

       (3) For a felony of the third degree, the prison term shall853
be one, two, three, four, or five years.854

       (4) For a felony of the fourth degree, the prison term shall855
be six, seven, eight, nine, ten, eleven, twelve, thirteen,856
fourteen, fifteen, sixteen, seventeen, or eighteen months.857

       (5) For a felony of the fifth degree, the prison term shall858
be six, seven, eight, nine, ten, eleven, or twelve months.859

       (B) Except as provided in division (C), (D)(1), (D)(2),860
(D)(3), (D)(5), (D)(6), or (G) of this section, in section 2907.02 861
or 2907.05 of the Revised Code, or in Chapter 2925. of the Revised 862
Code, if the court imposing a sentence upon an offender for a 863
felony elects or is required to impose a prison term on the 864
offender, the court shall impose the shortest prison term 865
authorized for the offense pursuant to division (A) of this 866
section, unless one or more of the following applies:867

       (1) The offender was serving a prison term at the time of the 868
offense, or the offender previously had served a prison term.869

       (2) The court finds on the record that the shortest prison870
term will demean the seriousness of the offender's conduct or will871
not adequately protect the public from future crime by the872
offender or others.873

       (C) Except as provided in division (G) of this section or in874
Chapter 2925. of the Revised Code, the court imposing a sentence875
upon an offender for a felony may impose the longest prison term876
authorized for the offense pursuant to division (A) of this877
section only upon offenders who committed the worst forms of the878
offense, upon offenders who pose the greatest likelihood of879
committing future crimes, upon certain major drug offenders under880
division (D)(3) of this section, and upon certain repeat violent881
offenders in accordance with division (D)(2) of this section.882

       (D)(1)(a) Except as provided in division (D)(1)(e) of this883
section, if an offender who is convicted of or pleads guilty to a884
felony also is convicted of or pleads guilty to a specification of885
the type described in section 2941.141, 2941.144, or 2941.145 of886
the Revised Code, the court shall impose on the offender one of887
the following prison terms:888

       (i) A prison term of six years if the specification is of the889
type described in section 2941.144 of the Revised Code that890
charges the offender with having a firearm that is an automatic891
firearm or that was equipped with a firearm muffler or silencer on892
or about the offender's person or under the offender's control893
while committing the felony;894

       (ii) A prison term of three years if the specification is of895
the type described in section 2941.145 of the Revised Code that896
charges the offender with having a firearm on or about the897
offender's person or under the offender's control while committing898
the offense and displaying the firearm, brandishing the firearm,899
indicating that the offender possessed the firearm, or using it to900
facilitate the offense;901

       (iii) A prison term of one year if the specification is of902
the type described in section 2941.141 of the Revised Code that903
charges the offender with having a firearm on or about the904
offender's person or under the offender's control while committing905
the felony.906

       (b) If a court imposes a prison term on an offender under907
division (D)(1)(a) of this section, the prison term shall not be908
reduced pursuant to section 2929.20, section 2967.193, or any909
other provision of Chapter 2967. or Chapter 5120. of the Revised910
Code. A court shall not impose more than one prison term on an911
offender under division (D)(1)(a) of this section for felonies912
committed as part of the same act or transaction.913

       (c) Except as provided in division (D)(1)(e) of this section, 914
if an offender who is convicted of or pleads guilty to a violation 915
of section 2923.161 of the Revised Code or to a felony that 916
includes, as an essential element, purposely or knowingly causing 917
or attempting to cause the death of or physical harm to another,918
also is convicted of or pleads guilty to a specification of the919
type described in section 2941.146 of the Revised Code that920
charges the offender with committing the offense by discharging a921
firearm from a motor vehicle other than a manufactured home, the922
court, after imposing a prison term on the offender for the923
violation of section 2923.161 of the Revised Code or for the other924
felony offense under division (A), (D)(2), or (D)(3) of this925
section, shall impose an additional prison term of five years upon926
the offender that shall not be reduced pursuant to section927
2929.20, section 2967.193, or any other provision of Chapter 2967.928
or Chapter 5120. of the Revised Code. A court shall not impose929
more than one additional prison term on an offender under division930
(D)(1)(c) of this section for felonies committed as part of the931
same act or transaction. If a court imposes an additional prison932
term on an offender under division (D)(1)(c) of this section933
relative to an offense, the court also shall impose a prison term934
under division (D)(1)(a) of this section relative to the same935
offense, provided the criteria specified in that division for936
imposing an additional prison term are satisfied relative to the937
offender and the offense.938

       (d) If an offender who is convicted of or pleads guilty to939
an offense of violence that is a felony also is convicted of or940
pleads guilty to a specification of the type described in section941
2941.1411 of the Revised Code that charges the offender with942
wearing or carrying body armor while committing the felony offense943
of violence, the court shall impose on the offender a prison term944
of two years. The prison term so imposed shall not be reduced945
pursuant to section 2929.20, section 2967.193, or any other946
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A 947
court shall not impose more than one prison term on an offender948
under division (D)(1)(d) of this section for felonies committed as949
part of the same act or transaction. If a court imposes an950
additional prison term under division (D)(1)(a) or (c) of this951
section, the court is not precluded from imposing an additional952
prison term under division (D)(1)(d) of this section.953

       (e) The court shall not impose any of the prison terms954
described in division (D)(1)(a) of this section or any of the955
additional prison terms described in division (D)(1)(c) of this956
section upon an offender for a violation of section 2923.12 or957
2923.123 of the Revised Code. The court shall not impose any of958
the prison terms described in division (D)(1)(a) of this section959
or any of the additional prison terms described in division960
(D)(1)(c) of this section upon an offender for a violation of961
section 2923.13 of the Revised Code unless all of the following962
apply:963

       (i) The offender previously has been convicted of aggravated964
murder, murder, or any felony of the first or second degree.965

       (ii) Less than five years have passed since the offender was966
released from prison or post-release control, whichever is later,967
for the prior offense.968

        (f) If an offender is convicted of or pleads guilty to a 969
felony that includes, as an essential element, causing or 970
attempting to cause the death of or physical harm to another and 971
also is convicted of or pleads guilty to a specification of the 972
type described in section 2941.1412 of the Revised Code that 973
charges the offender with committing the offense by discharging a 974
firearm at a peace officer as defined in section 2935.01 of the 975
Revised Code or a corrections officer, as defined in section976
2941.1412 of the Revised Code, the court, after imposing a prison977
term on the offender for the felony offense under division (A),978
(D)(2), or (D)(3) of this section, shall impose an additional979
prison term of seven years upon the offender that shall not be980
reduced pursuant to section 2929.20, section 2967.193, or any981
other provision of Chapter 2967. or Chapter 5120. of the Revised982
Code. A court shall not impose more than one additional prison983
term on an offender under division (D)(1)(f) of this section for984
felonies committed as part of the same act or transaction. If a985
court imposes an additional prison term on an offender under986
division (D)(1)(f) of this section relative to an offense, the987
court shall not impose a prison term under division (D)(1)(a) or988
(c) of this section relative to the same offense.989

       (2)(a) If division (D)(2)(b) of this section does not apply, 990
the court may impose on an offender, in addition to the longest 991
prison term authorized or required for the offense, an additional 992
definite prison term of one, two, three, four, five, six, seven, 993
eight, nine, or ten years if all of the following criteria are 994
met:995

       (i) The offender is convicted of or pleads guilty to a 996
specification of the type described in section 2941.149 of the 997
Revised Code that the offender is a repeat violent offender.998

       (ii) The offense of which the offender currently is convicted 999
or to which the offender currently pleads guilty is aggravated 1000
murder and the court does not impose a sentence of death or life 1001
imprisonment without parole, murder, terrorism and the court does 1002
not impose a sentence of life imprisonment without parole, any 1003
felony of the first degree that is an offense of violence and the 1004
court does not impose a sentence of life imprisonment without 1005
parole, or any felony of the second degree that is an offense of 1006
violence and the trier of fact finds that the offense involved an 1007
attempt to cause or a threat to cause serious physical harm to a 1008
person or resulted in serious physical harm to a person.1009

       (iii) The court imposes the longest prison term for the 1010
offense that is not life imprisonment without parole.1011

       (iv) The court finds that the prison terms imposed pursuant 1012
to division (D)(2)(a)(iii) of this section and, if applicable, 1013
division (D)(1) or (3) of this section are inadequate to punish 1014
the offender and protect the public from future crime, because the1015
applicable factors under section 2929.12 of the Revised Code1016
indicating a greater likelihood of recidivism outweigh the1017
applicable factors under that section indicating a lesser1018
likelihood of recidivism.1019

       (v) The court finds that the prison terms imposed pursuant to 1020
division (D)(2)(a)(iii) of this section and, if applicable, 1021
division (D)(1) or (3) of this section are demeaning to the1022
seriousness of the offense, because one or more of the factors1023
under section 2929.12 of the Revised Code indicating that the 1024
offender's conduct is more serious than conduct normally1025
constituting the offense are present, and they outweigh the 1026
applicable factors under that section indicating that the 1027
offender's conduct is less serious than conduct normally 1028
constituting the offense.1029

       (b) The court shall impose on an offender the longest prison 1030
term authorized or required for the offense and shall impose on 1031
the offender an additional definite prison term of one, two, 1032
three, four, five, six, seven, eight, nine, or ten years if all of 1033
the following criteria are met:1034

       (i) The offender is convicted of or pleads guilty to a 1035
specification of the type described in section 2941.149 of the 1036
Revised Code that the offender is a repeat violent offender.1037

       (ii) The offender within the preceding twenty years has been 1038
convicted of or pleaded guilty to three or more offenses described 1039
in division (DD)(1) of section 2929.01 of the Revised Code, 1040
including all offenses described in that division of which the 1041
offender is convicted or to which the offender pleads guilty in 1042
the current prosecution and all offenses described in that 1043
division of which the offender previously has been convicted or to 1044
which the offender previously pleaded guilty, whether prosecuted 1045
together or separately.1046

       (iii) The offense or offenses of which the offender currently 1047
is convicted or to which the offender currently pleads guilty is 1048
aggravated murder and the court does not impose a sentence of 1049
death or life imprisonment without parole, murder, terrorism and 1050
the court does not impose a sentence of life imprisonment without 1051
parole, any felony of the first degree that is an offense of 1052
violence and the court does not impose a sentence of life 1053
imprisonment without parole, or any felony of the second degree 1054
that is an offense of violence and the trier of fact finds that 1055
the offense involved an attempt to cause or a threat to cause 1056
serious physical harm to a person or resulted in serious physical 1057
harm to a person.1058

       (c) For purposes of division (D)(2)(b) of this section, two 1059
or more offenses committed at the same time or as part of the same 1060
act or event shall be considered one offense, and that one offense 1061
shall be the offense with the greatest penalty.1062

       (d) A sentence imposed under division (D)(2)(a) or (b) of 1063
this section shall not be reduced pursuant to section 2929.20 or 1064
section 2967.193, or any other provision of Chapter 2967. or 1065
Chapter 5120. of the Revised Code. The offender shall serve an 1066
additional prison term imposed under this section consecutively to 1067
and prior to the prison term imposed for the underlying offense.1068

       (e) When imposing a sentence pursuant to division (D)(2)(a) 1069
or (b) of this section, the court shall state its findings 1070
explaining the imposed sentence.1071

       (3)(a) Except when an offender commits a violation of section 1072
2903.01 or 2907.02 of the Revised Code and the penalty imposed for 1073
the violation is life imprisonment or commits a violation of 1074
section 2903.02 of the Revised Code, if the offender commits a 1075
violation of section 2925.03 or 2925.11 of the Revised Code and 1076
that section classifies the offender as a major drug offender and 1077
requires the imposition of a ten-year prison term on the offender, 1078
if the offender commits a felony violation of section 2925.02,1079
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 1080
4729.37, or 4729.61, division (C) or (D) of section 3719.172, 1081
division (C) of section 4729.51, or division (J) of section 1082
4729.54 of the Revised Code that includes the sale, offer to sell,1083
or possession of a schedule I or II controlled substance, with the 1084
exception of marihuana, and the court imposing sentence upon the 1085
offender finds that the offender is guilty of a specification of 1086
the type described in section 2941.1410 of the Revised Code 1087
charging that the offender is a major drug offender, if the court 1088
imposing sentence upon an offender for a felony finds that the 1089
offender is guilty of corrupt activity with the most serious 1090
offense in the pattern of corrupt activity being a felony of the 1091
first degree, or if the offender is guilty of an attempted1092
violation of section 2907.02 of the Revised Code and, had the1093
offender completed the violation of section 2907.02 of the Revised1094
Code that was attempted, the offender would have been subject to a1095
sentence of life imprisonment or life imprisonment without parole1096
for the violation of section 2907.02 of the Revised Code, the1097
court shall impose upon the offender for the felony violation a1098
ten-year prison term that cannot be reduced pursuant to section1099
2929.20 or Chapter 2967. or 5120. of the Revised Code.1100

       (b) The court imposing a prison term on an offender under1101
division (D)(3)(a) of this section may impose an additional prison1102
term of one, two, three, four, five, six, seven, eight, nine, or1103
ten years, if the court, with respect to the term imposed under1104
division (D)(3)(a) of this section and, if applicable, divisions1105
(D)(1) and (2) of this section, makes both of the findings set1106
forth in divisions (D)(2)(a)(iv) and (v) of this section.1107

       (4) If the offender is being sentenced for a third or fourth1108
degree felony OVI offense under division (G)(2) of section 2929.131109
of the Revised Code, the sentencing court shall impose upon the1110
offender a mandatory prison term in accordance with that division.1111
In addition to the mandatory prison term, if the offender is being1112
sentenced for a fourth degree felony OVI offense, the court,1113
notwithstanding division (A)(4) of this section, may sentence the1114
offender to a definite prison term of not less than six months and1115
not more than thirty months, and if the offender is being1116
sentenced for a third degree felony OVI offense, the sentencing1117
court may sentence the offender to an additional prison term of1118
any duration specified in division (A)(3) of this section. In1119
either case, the additional prison term imposed shall be reduced1120
by the sixty or one hundred twenty days imposed upon the offender1121
as the mandatory prison term. The total of the additional prison1122
term imposed under division (D)(4) of this section plus the sixty1123
or one hundred twenty days imposed as the mandatory prison term1124
shall equal a definite term in the range of six months to thirty1125
months for a fourth degree felony OVI offense and shall equal one1126
of the authorized prison terms specified in division (A)(3) of1127
this section for a third degree felony OVI offense. If the court1128
imposes an additional prison term under division (D)(4) of this1129
section, the offender shall serve the additional prison term after1130
the offender has served the mandatory prison term required for the1131
offense. In addition to the mandatory prison term or mandatory and 1132
additional prison term imposed as described in division (D)(4) of 1133
this section, the court also may sentence the offender to a 1134
community control sanction under section 2929.16 or 2929.17 of the 1135
Revised Code, but the offender shall serve all of the prison terms 1136
so imposed prior to serving the community control sanction.1137

        If the offender is being sentenced for a fourth degree felony 1138
OVI offense under division (G)(1) of section 2929.13 of the 1139
Revised Code and the court imposes a mandatory term of local 1140
incarceration, the court may impose a prison term as described in 1141
division (A)(1) of that section.1142

       (5) If an offender is convicted of or pleads guilty to a1143
violation of division (A)(1) or (2) of section 2903.06 of the1144
Revised Code and also is convicted of or pleads guilty to a1145
specification of the type described in section 2941.1414 of the1146
Revised Code that charges that the victim of the offense is a1147
peace officer, as defined in section 2935.01 of the Revised Code, 1148
or an investigator of the bureau of criminal identification and 1149
investigation, as defined in section 2903.11 of the Revised Code,1150
the court shall impose on the offender a prison term of five1151
years. If a court imposes a prison term on an offender under1152
division (D)(5) of this section, the prison term shall not be1153
reduced pursuant to section 2929.20, section 2967.193, or any1154
other provision of Chapter 2967. or Chapter 5120. of the Revised1155
Code. A court shall not impose more than one prison term on an1156
offender under division (D)(5) of this section for felonies1157
committed as part of the same act.1158

        (6) If an offender is convicted of or pleads guilty to a1159
violation of division (A)(1) or (2) of section 2903.06 of the1160
Revised Code and also is convicted of or pleads guilty to a1161
specification of the type described in section 2941.1415 of the1162
Revised Code that charges that the offender previously has been1163
convicted of or pleaded guilty to three or more violations of 1164
division (A) or (B) of section 4511.19 of the Revised Code or an 1165
equivalent offense, as defined in section 2941.1415 of the Revised 1166
Code, or three or more violations of any combination of those 1167
divisions and offenses, the court shall impose on the offender a 1168
prison term of three years. If a court imposes a prison term on an 1169
offender under division (D)(6) of this section, the prison term 1170
shall not be reduced pursuant to section 2929.20, section 1171
2967.193, or any other provision of Chapter 2967. or Chapter 5120. 1172
of the Revised Code. A court shall not impose more than one prison 1173
term on an offender under division (D)(6) of this section for 1174
felonies committed as part of the same act.1175

       (E)(1)(a) Subject to division (E)(1)(b) of this section, if a 1176
mandatory prison term is imposed upon an offender pursuant to1177
division (D)(1)(a) of this section for having a firearm on or1178
about the offender's person or under the offender's control while1179
committing a felony, if a mandatory prison term is imposed upon an1180
offender pursuant to division (D)(1)(c) of this section for1181
committing a felony specified in that division by discharging a1182
firearm from a motor vehicle, or if both types of mandatory prison1183
terms are imposed, the offender shall serve any mandatory prison1184
term imposed under either division consecutively to any other1185
mandatory prison term imposed under either division or under1186
division (D)(1)(d) of this section, consecutively to and prior to1187
any prison term imposed for the underlying felony pursuant to1188
division (A), (D)(2), or (D)(3) of this section or any other1189
section of the Revised Code, and consecutively to any other prison1190
term or mandatory prison term previously or subsequently imposed1191
upon the offender.1192

       (b) If a mandatory prison term is imposed upon an offender1193
pursuant to division (D)(1)(d) of this section for wearing or1194
carrying body armor while committing an offense of violence that1195
is a felony, the offender shall serve the mandatory term so1196
imposed consecutively to any other mandatory prison term imposed1197
under that division or under division (D)(1)(a) or (c) of this1198
section, consecutively to and prior to any prison term imposed for1199
the underlying felony under division (A), (D)(2), or (D)(3) of1200
this section or any other section of the Revised Code, and1201
consecutively to any other prison term or mandatory prison term1202
previously or subsequently imposed upon the offender.1203

       (c) If a mandatory prison term is imposed upon an offender1204
pursuant to division (D)(1)(f) of this section, the offender shall1205
serve the mandatory prison term so imposed consecutively to and1206
prior to any prison term imposed for the underlying felony under1207
division (A), (D)(2), or (D)(3) of this section or any other1208
section of the Revised Code, and consecutively to any other prison1209
term or mandatory prison term previously or subsequently imposed1210
upon the offender.1211

       (2) If an offender who is an inmate in a jail, prison, or1212
other residential detention facility violates section 2917.02,1213
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender1214
who is under detention at a detention facility commits a felony1215
violation of section 2923.131 of the Revised Code, or if an1216
offender who is an inmate in a jail, prison, or other residential1217
detention facility or is under detention at a detention facility1218
commits another felony while the offender is an escapee in1219
violation of section 2921.34 of the Revised Code, any prison term1220
imposed upon the offender for one of those violations shall be1221
served by the offender consecutively to the prison term or term of1222
imprisonment the offender was serving when the offender committed1223
that offense and to any other prison term previously or1224
subsequently imposed upon the offender.1225

       (3) If a prison term is imposed for a violation of division1226
(B) of section 2911.01 of the Revised Code, a violation of 1227
division (A) of section 2913.02 of the Revised Code in which the 1228
stolen property is a firearm or dangerous ordnance, or a felony 1229
violation of division (B) of section 2921.331 of the Revised Code, 1230
the offender shall serve that prison term consecutively to any1231
other prison term or mandatory prison term previously or 1232
subsequently imposed upon the offender.1233

       (4) If multiple prison terms are imposed on an offender for1234
convictions of multiple offenses, the court may require the1235
offender to serve the prison terms consecutively if the court1236
finds that the consecutive service is necessary to protect the1237
public from future crime or to punish the offender and that1238
consecutive sentences are not disproportionate to the seriousness1239
of the offender's conduct and to the danger the offender poses to1240
the public, and if the court also finds any of the following:1241

       (a) The offender committed one or more of the multiple1242
offenses while the offender was awaiting trial or sentencing, was1243
under a sanction imposed pursuant to section 2929.16, 2929.17, or1244
2929.18 of the Revised Code, or was under post-release control for1245
a prior offense.1246

       (b) At least two of the multiple offenses were committed as1247
part of one or more courses of conduct, and the harm caused by two1248
or more of the multiple offenses so committed was so great or1249
unusual that no single prison term for any of the offenses1250
committed as part of any of the courses of conduct adequately1251
reflects the seriousness of the offender's conduct.1252

       (c) The offender's history of criminal conduct demonstrates1253
that consecutive sentences are necessary to protect the public1254
from future crime by the offender.1255

       (5) If a mandatory prison term is imposed upon an offender1256
pursuant to division (D)(5) or (6) of this section, the offender1257
shall serve the mandatory prison term consecutively to and prior1258
to any prison term imposed for the underlying violation of1259
division (A)(1) or (2) of section 2903.06 of the Revised Code1260
pursuant to division (A) of this section. If a mandatory prison1261
term is imposed upon an offender pursuant to division (D)(5) of1262
this section, and if a mandatory prison term also is imposed upon1263
the offender pursuant to division (D)(6) of this section in1264
relation to the same violation, the offender shall serve the1265
mandatory prison term imposed pursuant to division (D)(5) of this1266
section consecutively to and prior to the mandatory prison term1267
imposed pursuant to division (D)(6) of this section and1268
consecutively to and prior to any prison term imposed for the1269
underlying violation of division (A)(1) or (2) of section 2903.061270
of the Revised Code pursuant to division (A) of this section.1271

       (6) When consecutive prison terms are imposed pursuant to1272
division (E)(1), (2), (3), (4), or (5) of this section, the term 1273
to be served is the aggregate of all of the terms so imposed.1274

       (F)(1) If a court imposes a prison term for a felony of the 1275
first degree, for a felony of the second degree, for a felony sex 1276
offense, or for a felony of the third degree that is not a felony 1277
sex offense and in the commission of which the offender caused or 1278
threatened to cause physical harm to a person, it shall include in 1279
the sentence a requirement that the offender be subject to a 1280
period of post-release control after the offender's release from 1281
imprisonment, in accordance with that division. If a court imposes 1282
a sentence including a prison term of a type described in this 1283
division on or after the effective date of this amendmentJuly 11, 1284
2006, the failure of a court to include a post-release control 1285
requirement in the sentence pursuant to this division does not 1286
negate, limit, or otherwise affect the mandatory period of 1287
post-release control that is required for the offender under 1288
division (B) of section 2967.28 of the Revised Code. Section 1289
2929.191 of the Revised Code applies if, prior to the effective 1290
date of this amendmentJuly 11, 2006, a court imposed a sentence 1291
including a prison term of a type described in this division and 1292
failed to include in the sentence pursuant to this division a 1293
statement regarding post-release control.1294

       (2) If a court imposes a prison term for a felony of the 1295
third, fourth, or fifth degree that is not subject to division 1296
(F)(1) of this section, it shall include in the sentence a 1297
requirement that the offender be subject to a period of 1298
post-release control after the offender's release from 1299
imprisonment, in accordance with that division, if the parole 1300
board determines that a period of post-release control is1301
necessary. Section 2929.191 of the Revised Code applies if, prior 1302
to the effective date of this amendmentJuly 11, 2006, a court 1303
imposed a sentence including a prison term of a type described in 1304
this division and failed to include in the sentence pursuant to 1305
this division a statement regarding post-release control.1306

       (G) If a person is convicted of or pleads guilty to a violent 1307
sex offense or a designated homicide, assault, or kidnapping 1308
offense and, in relation to that offense, the offender is 1309
adjudicated a sexually violent predator, the court shall impose1310
sentence upon the offender in accordance with section 2971.03 of 1311
the Revised Code, and Chapter 2971. of the Revised Code applies 1312
regarding the prison term or term of life imprisonment without 1313
parole imposed upon the offender and the service of that term of 1314
imprisonment.1315

       (H) If a person who has been convicted of or pleaded guilty1316
to a felony is sentenced to a prison term or term of imprisonment1317
under this section, sections 2929.02 to 2929.06 of the Revised1318
Code, section 2971.03 of the Revised Code, or any other provision1319
of law, section 5120.163 of the Revised Code applies regarding the1320
person while the person is confined in a state correctional1321
institution.1322

       (I) If an offender who is convicted of or pleads guilty to a1323
felony that is an offense of violence also is convicted of or1324
pleads guilty to a specification of the type described in section1325
2941.142 of the Revised Code that charges the offender with having1326
committed the felony while participating in a criminal gang, the1327
court shall impose upon the offender an additional prison term of1328
one, two, or three years.1329

       (J) If an offender who is convicted of or pleads guilty to1330
aggravated murder, murder, or a felony of the first, second, or1331
third degree that is an offense of violence also is convicted of1332
or pleads guilty to a specification of the type described in1333
section 2941.143 of the Revised Code that charges the offender1334
with having committed the offense in a school safety zone or1335
towards a person in a school safety zone, the court shall impose1336
upon the offender an additional prison term of two years. The1337
offender shall serve the additional two years consecutively to and1338
prior to the prison term imposed for the underlying offense.1339

       (K) At the time of sentencing, the court may recommend the1340
offender for placement in a program of shock incarceration under1341
section 5120.031 of the Revised Code or for placement in an1342
intensive program prison under section 5120.032 of the Revised1343
Code, disapprove placement of the offender in a program of shock1344
incarceration or an intensive program prison of that nature, or1345
make no recommendation on placement of the offender. In no case1346
shall the department of rehabilitation and correction place the1347
offender in a program or prison of that nature unless the1348
department determines as specified in section 5120.031 or 5120.0321349
of the Revised Code, whichever is applicable, that the offender is1350
eligible for the placement.1351

       If the court disapproves placement of the offender in a1352
program or prison of that nature, the department of rehabilitation1353
and correction shall not place the offender in any program of1354
shock incarceration or intensive program prison.1355

       If the court recommends placement of the offender in a1356
program of shock incarceration or in an intensive program prison, 1357
and if the offender is subsequently placed in the recommended1358
program or prison, the department shall notify the court of the1359
placement and shall include with the notice a brief description of1360
the placement.1361

       If the court recommends placement of the offender in a1362
program of shock incarceration or in an intensive program prison1363
and the department does not subsequently place the offender in the1364
recommended program or prison, the department shall send a notice1365
to the court indicating why the offender was not placed in the1366
recommended program or prison.1367

       If the court does not make a recommendation under this1368
division with respect to an offender and if the department1369
determines as specified in section 5120.031 or 5120.032 of the1370
Revised Code, whichever is applicable, that the offender is1371
eligible for placement in a program or prison of that nature, the1372
department shall screen the offender and determine if there is an1373
available program of shock incarceration or an intensive program1374
prison for which the offender is suited. If there is an available1375
program of shock incarceration or an intensive program prison for1376
which the offender is suited, the department shall notify the1377
court of the proposed placement of the offender as specified in1378
section 5120.031 or 5120.032 of the Revised Code and shall include1379
with the notice a brief description of the placement. The court1380
shall have ten days from receipt of the notice to disapprove the1381
placement.1382

       Sec. 2941.1414. (A) Imposition of a five-year mandatory1383
prison term upon an offender under division (D)(5) of section1384
2929.14 of the Revised Code is precluded unless the offender is1385
convicted of or pleads guilty to violating division (A)(1) or (2)1386
of section 2903.06 of the Revised Code and unless the indictment,1387
count in the indictment, or information charging the offense1388
specifies that the victim of the offense is a peace officer or an 1389
investigator of the bureau of criminal identification and 1390
investigation. The specification shall be stated at the end of the 1391
body of the indictment, count, or information and shall be stated 1392
in substantially the following form:1393

        "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The1394
Grand Jurors (or insert the person's or the prosecuting attorney's1395
name when appropriate) further find and specify that (set forth1396
that the victim of the offense is a peace officer or an 1397
investigator of the bureau of criminal identification and 1398
investigation)."1399

        (B) The specification described in division (A) of this1400
section may be used in a delinquent child proceeding in the manner1401
and for the purpose described in section 2152.17 of the Revised1402
Code.1403

        (C) As used in this section, "peace:1404

       (1) "Peace officer" has the same meaning as in section 1405
2935.01 of the Revised Code.1406

       (2) "Investigator of the bureau of criminal identification 1407
and investigation" has the same meaning as in section 2903.11 of 1408
the Revised Code.1409

       Section 2. That existing sections 109.761, 109.802, 2921.51, 1410
2929.13, 2929.14, and 2941.1414 and section 109.803 of the Revised 1411
Code are hereby repealed.1412

       Section 3. All items in this section are hereby appropriated 1413
as designated out of any moneys in the state treasury to the 1414
credit of the General Services Fund Group. For all appropriations 1415
made in this act, the amounts in the first column are for fiscal 1416
year 2006, and the amounts in the second column are for fiscal 1417
year 2007. The appropriations made in this act are in addition to 1418
any other appropriations made for the 2005-2007 biennium.1419

AGO ATTORNEY GENERAL
1420

General Services Fund Group1421

5L5 055-619 Law Enforcement Assistance Fund $ 0 $ 5,000,000 1422
TOTAL GSF General Services Fund Group $ 0 $ 5,000,000 1423
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 5,000,000 1424

        LAW ENFORCEMENT ASSISTANCE FUND1425

        Notwithstanding section 109.081 of the Revised Code, on the 1426
effective date of this section, or as soon as practicable 1427
thereafter, the Director of Budget and Management shall transfer 1428
$5,000,000 in cash from the Attorney General Claims Fund (Fund 1429
419) to the Law Enforcement Assistance Fund (Fund 5L5). The 1430
foregoing appropriation item 055-619, Law Enforcement Assistance 1431
Fund, shall be used by the Attorney General pursuant to division 1432
(A) of section 109.802 of the Revised Code.1433

       Section 4. Within the limits set forth in this act, the 1434
Director of Budget and Management shall establish accounts 1435
indicating the source and amount of money for each appropriation 1436
made in this act and shall determine the form and manner in which 1437
appropriation accounts shall be maintained. Expenditures from 1438
appropriations contained in this act shall be accounted for as 1439
though made in Am. Sub. H.B. 66 of the 126th General Assembly.1440

       Section 5. The uncodified sections of law contained in this 1441
act, and the items of law of which the uncodified sections of law 1442
contained in this act are composed, are not subject to the 1443
referendum. Therefore, under Ohio Constitution, Article II, 1444
Section 1d and section 1.471 of the Revised Code, the uncodified 1445
sections of law contained in this act, and the items of law of 1446
which the uncodified sections of law contained in this act are 1447
composed, take effect on the ninety-first day after this act is 1448
filed with the Secretary of State.1449