As Reported by the Senate Judiciary--Criminal Justice Committee

127th General Assembly Regular Session 2007-2008

Sub. H. B. No. 280

Representative Schneider 

Cosponsors: Representatives Aslanides, Setzer, Uecker, Brinkman, Flowers, Combs, Huffman, Zehringer, Widener, Adams, Hite, Jones, Hottinger, Wachtmann, Seitz, Evans, Latta, Bubp, McGregor, J., Fessler, Wagner, Wagoner, Collier, Schindel, Wolpert, Coley, Gibbs, Patton, DeGeeter, White, Bolon, Blessing, Hagan, J., Mandel, Goodwin, Batchelder, Distel, Oelslager, Brady, Barrett, Sears, Mecklenborg, Bacon, Daniels, Dodd, Dolan, Domenick, Driehaus, Gardner, Hughes, Reinhard, Schlichter 

Senators Grendell, Schaffer, Seitz, Turner, Fedor 

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A BILL

To amend sections 2151.421, 2903.11, 2903.12,

1

2903.13, 2905.01, 2905.02, 2907.21, 2907.22,

2

2907.323, 2919.22, 2919.25, 2923.32, 2929.01,

3

2929.13, 2929.14, 2929.18, 2929.24, 3702.30, and

4

4731.22 and to enact sections 2941.1422,

5

2941.1423, and 3701.791 of the Revised Code to

6

require facilities that perform abortions to

7

display a sign; to enhance the criminal penalty

8

for domestic violence when the offender knew the

9

victim was pregnant at the time of the offense;

10

to require a mandatory jail term or mandatory

11

prison term for felonious assault, aggravated

12

assault, and assault if the offender is convicted

13

of a specification that the victim was a woman

14

that the offender knew was pregnant at the time

15

of the offense; to require a mandatory prison

16

term and payment of restitution to the victim for

17

kidnapping, abduction, compelling prostitution,

18

promoting prostitution, illegal use of a minor in

19

a nudity-oriented material or performance in

20

specified circumstances, endangering children in

21

specified circumstances, and engaging in a

22

pattern of corrupt activity if the offender is

23

convicted of a specification that the offender

24

knowingly committed the offense in furtherance

25

of human trafficking; to increase the penalty

26

for engaging in a pattern of corrupt activity if

27

the offender is convicted of a specification of

28

that nature; to strongly encourage the Attorney

29

General to establish a Trafficking in Persons

30

Study Commission to study and review the problem

31

of trafficking in persons and the relevant

32

criminal law and to develop recommendations,

33

including recommendations to improve or expand the

34

criminal law, to address the problem; to provide

35

that reports of other incidents of known or

36

suspected child abuse or neglect may be used in

37

a civil action against a person who is alleged

38

to have failed to report known or suspected

39

child abuse or neglect; and to provide that a

40

person who fails to report known or suspected

41

child abuse or neglect is liable for

42

compensatory and exemplary damages to the child

43

who would have been the subject of the report

44

that was not made.

45

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

Section 1.  That sections 2151.421, 2903.11, 2903.12,	46
2903.13, 2905.01, 2905.02, 2907.21, 2907.22, 2907.323, 2919.22,	47
2919.25, 2923.32, 2929.01, 2929.13, 2929.14, 2929.18, 2929.24,	48
3702.30, and 4731.22 be amended and sections 2941.1422,	49
2941.1423, and 3701.791 of the Revised Code be enacted to read	50
as follows:	51

Sec. 2151.421.  (A)(1)(a) No person described in division	52
(A)(1)(b) of this section who is acting in an official or	53
professional capacity and knows, or has reasonable cause to	54
suspect based on facts that would cause a reasonable person in a	55
similar position to suspect, that a child under eighteen years of	56
age or a mentally retarded, developmentally disabled, or	57
physically impaired child under twenty-one years of age has	58
suffered or faces a threat of suffering any physical or mental	59
wound, injury, disability, or condition of a nature that	60
reasonably indicates abuse or neglect of the child shall fail to	61
immediately report that knowledge or reasonable cause to suspect	62
to the entity or persons specified in this division. Except as	63
provided in section 5120.173 of the Revised Code, the person	64
making the report shall make it to the public children services	65
agency or a municipal or county peace officer in the county in	66
which the child resides or in which the abuse or neglect is	67
occurring or has occurred. In the circumstances described in	68
section 5120.173 of the Revised Code, the person making the report	69
shall make it to the entity specified in that section.	70

(b) Division (A)(1)(a) of this section applies to any person	71
who is an attorney; physician, including a hospital intern or	72
resident; dentist; podiatrist; practitioner of a limited branch of	73
medicine as specified in section 4731.15 of the Revised Code;	74
registered nurse; licensed practical nurse; visiting nurse; other	75
health care professional; licensed psychologist; licensed school	76
psychologist; independent marriage and family therapist or	77
marriage and family therapist; speech pathologist or audiologist;	78
coroner; administrator or employee of a child day-care center;	79
administrator or employee of a residential camp or child day camp;	80
administrator or employee of a certified child care agency or	81
other public or private children services agency; school teacher;	82
school employee; school authority; person engaged in social work	83
or the practice of professional counseling; agent of a county	84
humane society; person, other than a cleric, rendering spiritual	85
treatment through prayer in accordance with the tenets of a	86
well-recognized religion; employee of a county department of job	87
and family services who is a professional and who works with	88
children and families; superintendent, board member, or employee	89
of a county board of mental retardation; investigative agent	90
contracted with by a county board of mental retardation; employee	91
of the department of mental retardation and developmental	92
disabilities; employee of a facility or home that provides respite	93
care in accordance with section 5123.171 of the Revised Code;	94
employee of a home health agency; employee of an entity that	95
provides homemaker services; a person performing the duties of an	96
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;	97
or third party employed by a public children services agency to	98
assist in providing child or family related services.	99

(2) Except as provided in division (A)(3) of this section, an	100
attorney or a physician is not required to make a report pursuant	101
to division (A)(1) of this section concerning any communication	102
the attorney or physician receives from a client or patient in an	103
attorney-client or physician-patient relationship, if, in	104
accordance with division (A) or (B) of section 2317.02 of the	105
Revised Code, the attorney or physician could not testify with	106
respect to that communication in a civil or criminal proceeding.	107

(3) The client or patient in an attorney-client or	108
physician-patient relationship described in division (A)(2) of	109
this section is deemed to have waived any testimonial privilege	110
under division (A) or (B) of section 2317.02 of the Revised Code	111
with respect to any communication the attorney or physician	112
receives from the client or patient in that attorney-client or	113
physician-patient relationship, and the attorney or physician	114
shall make a report pursuant to division (A)(1) of this section	115
with respect to that communication, if all of the following apply:	116

(a) The client or patient, at the time of the communication,	117
is either a child under eighteen years of age or a mentally	118
retarded, developmentally disabled, or physically impaired person	119
under twenty-one years of age.	120

(b) The attorney or physician knows, or has reasonable cause	121
to suspect based on facts that would cause a reasonable person in	122
similar position to suspect, as a result of the communication or	123
any observations made during that communication, that the client	124
or patient has suffered or faces a threat of suffering any	125
physical or mental wound, injury, disability, or condition of a	126
nature that reasonably indicates abuse or neglect of the client or	127
patient.	128

(c) The abuse or neglect does not arise out of the client's	129
or patient's attempt to have an abortion without the notification	130
of her parents, guardian, or custodian in accordance with section	131
2151.85 of the Revised Code.	132

(4)(a) No cleric and no person, other than a volunteer,	133
designated by any church, religious society, or faith acting as a	134
leader, official, or delegate on behalf of the church, religious	135
society, or faith who is acting in an official or professional	136
capacity, who knows, or has reasonable cause to believe based on	137
facts that would cause a reasonable person in a similar position	138
to believe, that a child under eighteen years of age or a mentally	139
retarded, developmentally disabled, or physically impaired child	140
under twenty-one years of age has suffered or faces a threat of	141
suffering any physical or mental wound, injury, disability, or	142
condition of a nature that reasonably indicates abuse or neglect	143
of the child, and who knows, or has reasonable cause to believe	144
based on facts that would cause a reasonable person in a similar	145
position to believe, that another cleric or another person, other	146
than a volunteer, designated by a church, religious society, or	147
faith acting as a leader, official, or delegate on behalf of the	148
church, religious society, or faith caused, or poses the threat of	149
causing, the wound, injury, disability, or condition that	150
reasonably indicates abuse or neglect shall fail to immediately	151
report that knowledge or reasonable cause to believe to the entity	152
or persons specified in this division. Except as provided in	153
section 5120.173 of the Revised Code, the person making the report	154
shall make it to the public children services agency or a	155
municipal or county peace officer in the county in which the child	156
resides or in which the abuse or neglect is occurring or has	157
occurred. In the circumstances described in section 5120.173 of	158
the Revised Code, the person making the report shall make it to	159
the entity specified in that section.	160

(b) Except as provided in division (A)(4)(c) of this section,	161
a cleric is not required to make a report pursuant to division	162
(A)(4)(a) of this section concerning any communication the cleric	163
receives from a penitent in a cleric-penitent relationship, if, in	164
accordance with division (C) of section 2317.02 of the Revised	165
Code, the cleric could not testify with respect to that	166
communication in a civil or criminal proceeding.	167

(c) The penitent in a cleric-penitent relationship described	168
in division (A)(4)(b) of this section is deemed to have waived any	169
testimonial privilege under division (C) of section 2317.02 of the	170
Revised Code with respect to any communication the cleric receives	171
from the penitent in that cleric-penitent relationship, and the	172
cleric shall make a report pursuant to division (A)(4)(a) of this	173
section with respect to that communication, if all of the	174
following apply:	175

(i) The penitent, at the time of the communication, is either	176
a child under eighteen years of age or a mentally retarded,	177
developmentally disabled, or physically impaired person under	178
twenty-one years of age.	179

(ii) The cleric knows, or has reasonable cause to believe	180
based on facts that would cause a reasonable person in a similar	181
position to believe, as a result of the communication or any	182
observations made during that communication, the penitent has	183
suffered or faces a threat of suffering any physical or mental	184
wound, injury, disability, or condition of a nature that	185
reasonably indicates abuse or neglect of the penitent.	186

(iii) The abuse or neglect does not arise out of the	187
penitent's attempt to have an abortion performed upon a child	188
under eighteen years of age or upon a mentally retarded,	189
developmentally disabled, or physically impaired person under	190
twenty-one years of age without the notification of her parents,	191
guardian, or custodian in accordance with section 2151.85 of the	192
Revised Code.	193

(d) Divisions (A)(4)(a) and (c) of this section do not apply	194
in a cleric-penitent relationship when the disclosure of any	195
communication the cleric receives from the penitent is in	196
violation of the sacred trust.	197

(e) As used in divisions (A)(1) and (4) of this section,	198
"cleric" and "sacred trust" have the same meanings as in section	199
2317.02 of the Revised Code.	200

(B) Anyone who knows, or has reasonable cause to suspect	201
based on facts that would cause a reasonable person in similar	202
circumstances to suspect, that a child under eighteen years of age	203
or a mentally retarded, developmentally disabled, or physically	204
impaired person under twenty-one years of age has suffered or	205
faces a threat of suffering any physical or mental wound, injury,	206
disability, or other condition of a nature that reasonably	207
indicates abuse or neglect of the child may report or cause	208
reports to be made of that knowledge or reasonable cause to	209
suspect to the entity or persons specified in this division.	210
Except as provided in section 5120.173 of the Revised Code, a	211
person making a report or causing a report to be made under this	212
division shall make it or cause it to be made to the public	213
children services agency or to a municipal or county peace	214
officer. In the circumstances described in section 5120.173 of the	215
Revised Code, a person making a report or causing a report to be	216
made under this division shall make it or cause it to be made to	217
the entity specified in that section.	218

(C) Any report made pursuant to division (A) or (B) of this	219
section shall be made forthwith either by telephone or in person	220
and shall be followed by a written report, if requested by the	221
receiving agency or officer. The written report shall contain:	222

(1) The names and addresses of the child and the child's	223
parents or the person or persons having custody of the child, if	224
known;	225

(2) The child's age and the nature and extent of the child's	226
injuries, abuse, or neglect that is known or reasonably suspected	227
or believed, as applicable, to have occurred or of the threat of	228
injury, abuse, or neglect that is known or reasonably suspected or	229
believed, as applicable, to exist, including any evidence of	230
previous injuries, abuse, or neglect;	231

(3) Any other information that might be helpful in	232
establishing the cause of the injury, abuse, or neglect that is	233
known or reasonably suspected or believed, as applicable, to have	234
occurred or of the threat of injury, abuse, or neglect that is	235
known or reasonably suspected or believed, as applicable, to	236
exist.	237

Any person, who is required by division (A) of this section	238
to report child abuse or child neglect that is known or reasonably	239
suspected or believed to have occurred, may take or cause to be	240
taken color photographs of areas of trauma visible on a child and,	241
if medically indicated, cause to be performed radiological	242
examinations of the child.	243

(D) As used in this division, "children's advocacy center"	244
and "sexual abuse of a child" have the same meanings as in section	245
2151.425 of the Revised Code.	246

(1) When a municipal or county peace officer receives a	247
report concerning the possible abuse or neglect of a child or the	248
possible threat of abuse or neglect of a child, upon receipt of	249
the report, the municipal or county peace officer who receives the	250
report shall refer the report to the appropriate public children	251
services agency.	252

(2) When a public children services agency receives a report	253
pursuant to this division or division (A) or (B) of this section,	254
upon receipt of the report, the public children services agency	255
shall do both of the following:	256

(a) Comply with section 2151.422 of the Revised Code;

257

(b) If the county served by the agency is also served by a	258
children's advocacy center and the report alleges sexual abuse of	259
a child or another type of abuse of a child that is specified in	260
the memorandum of understanding that creates the center as being	261
within the center's jurisdiction, comply regarding the report with	262
the protocol and procedures for referrals and investigations, with	263
the coordinating activities, and with the authority or	264
responsibility for performing or providing functions, activities,	265
and services stipulated in the interagency agreement entered into	266
under section 2151.428 of the Revised Code relative to that	267
center.	268

(E) No township, municipal, or county peace officer shall	269
remove a child about whom a report is made pursuant to this	270
section from the child's parents, stepparents, or guardian or any	271
other persons having custody of the child without consultation	272
with the public children services agency, unless, in the judgment	273
of the officer, and, if the report was made by physician, the	274
physician, immediate removal is considered essential to protect	275
the child from further abuse or neglect. The agency that must be	276
consulted shall be the agency conducting the investigation of the	277
report as determined pursuant to section 2151.422 of the Revised	278
Code.	279

(F)(1) Except as provided in section 2151.422 of the Revised	280
Code or in an interagency agreement entered into under section	281
2151.428 of the Revised Code that applies to the particular	282
report, the public children services agency shall investigate,	283
within twenty-four hours, each report of child abuse or child	284
neglect that is known or reasonably suspected or believed to have	285
occurred and of a threat of child abuse or child neglect that is	286
known or reasonably suspected or believed to exist that is	287
referred to it under this section to determine the circumstances	288
surrounding the injuries, abuse, or neglect or the threat of	289
injury, abuse, or neglect, the cause of the injuries, abuse,	290
neglect, or threat, and the person or persons responsible. The	291
investigation shall be made in cooperation with the law	292
enforcement agency and in accordance with the memorandum of	293
understanding prepared under division (J) of this section. A	294
representative of the public children services agency shall, at	295
the time of initial contact with the person subject to the	296
investigation, inform the person of the specific complaints or	297
allegations made against the person. The information shall be	298
given in a manner that is consistent with division (H)(1) of this	299
section and protects the rights of the person making the report	300
under this section.	301

A failure to make the investigation in accordance with the	302
memorandum is not grounds for, and shall not result in, the	303
dismissal of any charges or complaint arising from the report or	304
the suppression of any evidence obtained as a result of the report	305
and does not give, and shall not be construed as giving, any	306
rights or any grounds for appeal or post-conviction relief to any	307
person. The public children services agency shall report each case	308
to the uniform statewide automated child welfare information	309
system that the department of job and family services shall	310
maintain in accordance with section 5101.13 of the Revised Code.	311
The public children services agency shall submit a report of its	312
investigation, in writing, to the law enforcement agency.	313

(2) The public children services agency shall make any	314
recommendations to the county prosecuting attorney or city	315
director of law that it considers necessary to protect any	316
children that are brought to its attention.	317

(G)(1)(a) Except as provided in division (H)(3) of this	318
section, anyone or any hospital, institution, school, health	319
department, or agency participating in the making of reports under	320
division (A) of this section, anyone or any hospital, institution,	321
school, health department, or agency participating in good faith	322
in the making of reports under division (B) of this section, and	323
anyone participating in good faith in a judicial proceeding	324
resulting from the reports, shall be immune from any civil or	325
criminal liability for injury, death, or loss to person or	326
property that otherwise might be incurred or imposed as a result	327
of the making of the reports or the participation in the judicial	328
proceeding.	329

(b) Notwithstanding section 4731.22 of the Revised Code, the	330
physician-patient privilege shall not be a ground for excluding	331
evidence regarding a child's injuries, abuse, or neglect, or the	332
cause of the injuries, abuse, or neglect in any judicial	333
proceeding resulting from a report submitted pursuant to this	334
section.	335

(2) In any civil or criminal action or proceeding in which it	336
is alleged and proved that participation in the making of a report	337
under this section was not in good faith or participation in a	338
judicial proceeding resulting from a report made under this	339
section was not in good faith, the court shall award the	340
prevailing party reasonable attorney's fees and costs and, if a	341
civil action or proceeding is voluntarily dismissed, may award	342
reasonable attorney's fees and costs to the party against whom the	343
civil action or proceeding is brought.	344

(H)(1) Except as provided in divisions (H)(4) and (M)(N) of	345
this section, a report made under this section is confidential.	346
The information provided in a report made pursuant to this	347
section and the name of the person who made the report shall not	348
be released for use, and shall not be used, as evidence in any	349
civil action or proceeding brought against the person who made	350
the report. Nothing in this division shall preclude the use of	351
reports of other incidents of known or suspected abuse or neglect	352
in a civil action or proceeding brought pursuant to division (M)	353
of this section against a person who is alleged to have violated	354
division (A)(1) of this section, provided that any information in	355
a report that would identify the child who is the subject of the	356
report or the maker of the report, if the maker of the report is	357
not the defendant or an agent or employee of the defendant, has	358
been redacted. In a criminal proceeding, the report is	359
admissible in evidence in accordance with the Rules of Evidence	360
and is subject to discovery in accordance with the Rules of	361
Criminal Procedure.	362

(2) No person shall permit or encourage the unauthorized	363
dissemination of the contents of any report made under this	364
section.	365

(3) A person who knowingly makes or causes another person to	366
make a false report under division (B) of this section that	367
alleges that any person has committed an act or omission that	368
resulted in a child being an abused child or a neglected child is	369
guilty of a violation of section 2921.14 of the Revised Code.	370

(4) If a report is made pursuant to division (A) or (B) of	371
this section and the child who is the subject of the report dies	372
for any reason at any time after the report is made, but before	373
the child attains eighteen years of age, the public children	374
services agency or municipal or county peace officer to which the	375
report was made or referred, on the request of the child fatality	376
review board, shall submit a summary sheet of information	377
providing a summary of the report to the review board of the	378
county in which the deceased child resided at the time of death.	379
On the request of the review board, the agency or peace officer	380
may, at its discretion, make the report available to the review	381
board. If the county served by the public children services agency	382
is also served by a children's advocacy center and the report of	383
alleged sexual abuse of a child or another type of abuse of a	384
child is specified in the memorandum of understanding that creates	385
the center as being within the center's jurisdiction, the agency	386
or center shall perform the duties and functions specified in this	387
division in accordance with the interagency agreement entered into	388
under section 2151.428 of the Revised Code relative to that	389
advocacy center.	390

(5) A public children services agency shall advise a person	391
alleged to have inflicted abuse or neglect on a child who is the	392
subject of a report made pursuant to this section, including a	393
report alleging sexual abuse of a child or another type of abuse	394
of a child referred to a children's advocacy center pursuant to an	395
interagency agreement entered into under section 2151.428 of the	396
Revised Code, in writing of the disposition of the investigation.	397
The agency shall not provide to the person any information that	398
identifies the person who made the report, statements of	399
witnesses, or police or other investigative reports.	400

(I) Any report that is required by this section, other than a	401
report that is made to the state highway patrol as described in	402
section 5120.173 of the Revised Code, shall result in protective	403
services and emergency supportive services being made available by	404
the public children services agency on behalf of the children	405
about whom the report is made, in an effort to prevent further	406
neglect or abuse, to enhance their welfare, and, whenever	407
possible, to preserve the family unit intact. The agency required	408
to provide the services shall be the agency conducting the	409
investigation of the report pursuant to section 2151.422 of the	410
Revised Code.	411

(J)(1) Each public children services agency shall prepare a	412
memorandum of understanding that is signed by all of the	413
following:	414

(a) If there is only one juvenile judge in the county, the	415
juvenile judge of the county or the juvenile judge's	416
representative;	417

(b) If there is more than one juvenile judge in the county, a	418
juvenile judge or the juvenile judges' representative selected by	419
the juvenile judges or, if they are unable to do so for any	420
reason, the juvenile judge who is senior in point of service or	421
the senior juvenile judge's representative;	422

(c) The county peace officer;

423

(d) All chief municipal peace officers within the county;

424

(e) Other law enforcement officers handling child abuse and	425
neglect cases in the county;	426

(f) The prosecuting attorney of the county;

427

(g) If the public children services agency is not the county	428
department of job and family services, the county department of	429
job and family services;	430

(h) The county humane society;

431

(i) If the public children services agency participated in	432
the execution of a memorandum of understanding under section	433
2151.426 of the Revised Code establishing a children's advocacy	434
center, each participating member of the children's advocacy	435
center established by the memorandum.	436

(2) A memorandum of understanding shall set forth the normal	437
operating procedure to be employed by all concerned officials in	438
the execution of their respective responsibilities under this	439
section and division (C) of section 2919.21, division (B)(1) of	440
section 2919.22, division (B) of section 2919.23, and section	441
2919.24 of the Revised Code and shall have as two of its primary	442
goals the elimination of all unnecessary interviews of children	443
who are the subject of reports made pursuant to division (A) or	444
(B) of this section and, when feasible, providing for only one	445
interview of a child who is the subject of any report made	446
pursuant to division (A) or (B) of this section. A failure to	447
follow the procedure set forth in the memorandum by the concerned	448
officials is not grounds for, and shall not result in, the	449
dismissal of any charges or complaint arising from any reported	450
case of abuse or neglect or the suppression of any evidence	451
obtained as a result of any reported child abuse or child neglect	452
and does not give, and shall not be construed as giving, any	453
rights or any grounds for appeal or post-conviction relief to any	454
person.	455

(3) A memorandum of understanding shall include all of the	456
following:	457

(a) The roles and responsibilities for handling emergency and	458
nonemergency cases of abuse and neglect;	459

(b) Standards and procedures to be used in handling and	460
coordinating investigations of reported cases of child abuse and	461
reported cases of child neglect, methods to be used in	462
interviewing the child who is the subject of the report and who	463
allegedly was abused or neglected, and standards and procedures	464
addressing the categories of persons who may interview the child	465
who is the subject of the report and who allegedly was abused or	466
neglected.	467

(4) If a public children services agency participated in the	468
execution of a memorandum of understanding under section 2151.426	469
of the Revised Code establishing a children's advocacy center, the	470
agency shall incorporate the contents of that memorandum in the	471
memorandum prepared pursuant to this section.	472

(5) The clerk of the court of common pleas in the county may	473
sign the memorandum of understanding prepared under division	474
(J)(1) of this section. If the clerk signs the memorandum of	475
understanding, the clerk shall execute all relevant	476
responsibilities as required of officials specified in the	477
memorandum.	478

(K)(1) Except as provided in division (K)(4) of this section,	479
a person who is required to make a report pursuant to division (A)	480
of this section may make a reasonable number of requests of the	481
public children services agency that receives or is referred the	482
report, or of the children's advocacy center that is referred the	483
report if the report is referred to a children's advocacy center	484
pursuant to an interagency agreement entered into under section	485
2151.428 of the Revised Code, to be provided with the following	486
information:	487

(a) Whether the agency or center has initiated an	488
investigation of the report;	489

(b) Whether the agency or center is continuing to investigate	490
the report;	491

(c) Whether the agency or center is otherwise involved with	492
the child who is the subject of the report;	493

(d) The general status of the health and safety of the child	494
who is the subject of the report;	495

(e) Whether the report has resulted in the filing of a	496
complaint in juvenile court or of criminal charges in another	497
court.	498

(2) A person may request the information specified in	499
division (K)(1) of this section only if, at the time the report is	500
made, the person's name, address, and telephone number are	501
provided to the person who receives the report.	502

When a municipal or county peace officer or employee of a	503
public children services agency receives a report pursuant to	504
division (A) or (B) of this section the recipient of the report	505
shall inform the person of the right to request the information	506
described in division (K)(1) of this section. The recipient of the	507
report shall include in the initial child abuse or child neglect	508
report that the person making the report was so informed and, if	509
provided at the time of the making of the report, shall include	510
the person's name, address, and telephone number in the report.	511

Each request is subject to verification of the identity of	512
the person making the report. If that person's identity is	513
verified, the agency shall provide the person with the information	514
described in division (K)(1) of this section a reasonable number	515
of times, except that the agency shall not disclose any	516
confidential information regarding the child who is the subject of	517
the report other than the information described in those	518
divisions.	519

(3) A request made pursuant to division (K)(1) of this	520
section is not a substitute for any report required to be made	521
pursuant to division (A) of this section.	522

(4) If an agency other than the agency that received or was	523
referred the report is conducting the investigation of the report	524
pursuant to section 2151.422 of the Revised Code, the agency	525
conducting the investigation shall comply with the requirements of	526
division (K) of this section.	527

(L) The director of job and family services shall adopt rules	528
in accordance with Chapter 119. of the Revised Code to implement	529
this section. The department of job and family services may enter	530
into a plan of cooperation with any other governmental entity to	531
aid in ensuring that children are protected from abuse and	532
neglect. The department shall make recommendations to the attorney	533
general that the department determines are necessary to protect	534
children from child abuse and child neglect.	535

(M) Whoever violates division (A) of this section is liable	536
for compensatory and exemplary damages to the child who would have	537
been the subject of the report that was not made. A person who	538
brings a civil action or proceeding pursuant to this division	539
against a person who is alleged to have violated division (A)(1)	540
of this section may use in the action or proceeding reports of	541
other incidents of known or suspected abuse or neglect, provided	542
that any information in a report that would identify the child who	543
is the subject of the report or the maker of the report, if the	544
maker is not the defendant or an agent or employee of the	545
defendant, has been redacted.	546

(N)(1) As used in this division:

547

(a) "Out-of-home care" includes a nonchartered nonpublic	548
school if the alleged child abuse or child neglect, or alleged	549
threat of child abuse or child neglect, described in a report	550
received by a public children services agency allegedly occurred	551
in or involved the nonchartered nonpublic school and the alleged	552
perpetrator named in the report holds a certificate, permit, or	553
license issued by the state board of education under section	554
3301.071 or Chapter 3319. of the Revised Code.	555

(b) "Administrator, director, or other chief administrative	556
officer" means the superintendent of the school district if the	557
out-of-home care entity subject to a report made pursuant to this	558
section is a school operated by the district.	559

(2) No later than the end of the day following the day on	560
which a public children services agency receives a report of	561
alleged child abuse or child neglect, or a report of an alleged	562
threat of child abuse or child neglect, that allegedly occurred in	563
or involved an out-of-home care entity, the agency shall provide	564
written notice of the allegations contained in and the person	565
named as the alleged perpetrator in the report to the	566
administrator, director, or other chief administrative officer of	567
the out-of-home care entity that is the subject of the report	568
unless the administrator, director, or other chief administrative	569
officer is named as an alleged perpetrator in the report. If the	570
administrator, director, or other chief administrative officer of	571
an out-of-home care entity is named as an alleged perpetrator in a	572
report of alleged child abuse or child neglect, or a report of an	573
alleged threat of child abuse or child neglect, that allegedly	574
occurred in or involved the out-of-home care entity, the agency	575
shall provide the written notice to the owner or governing board	576
of the out-of-home care entity that is the subject of the report.	577
The agency shall not provide witness statements or police or other	578
investigative reports.	579

(3) No later than three days after the day on which a public	580
children services agency that conducted the investigation as	581
determined pursuant to section 2151.422 of the Revised Code makes	582
a disposition of an investigation involving a report of alleged	583
child abuse or child neglect, or a report of an alleged threat of	584
child abuse or child neglect, that allegedly occurred in or	585
involved an out-of-home care entity, the agency shall send written	586
notice of the disposition of the investigation to the	587
administrator, director, or other chief administrative officer and	588
the owner or governing board of the out-of-home care entity. The	589
agency shall not provide witness statements or police or other	590
investigative reports.	591

Sec. 2903.11.  (A) No person shall knowingly do either of the	592
following:	593

(1) Cause serious physical harm to another or to another's	594
unborn;	595

(2) Cause or attempt to cause physical harm to another or to	596
another's unborn by means of a deadly weapon or dangerous	597
ordnance.	598

(B) No person, with knowledge that the person has tested	599
positive as a carrier of a virus that causes acquired	600
immunodeficiency syndrome, shall knowingly do any of the	601
following:	602

(1) Engage in sexual conduct with another person without	603
disclosing that knowledge to the other person prior to engaging in	604
the sexual conduct;	605

(2) Engage in sexual conduct with a person whom the offender	606
knows or has reasonable cause to believe lacks the mental capacity	607
to appreciate the significance of the knowledge that the offender	608
has tested positive as a carrier of a virus that causes acquired	609
immunodeficiency syndrome;	610

(3) Engage in sexual conduct with a person under eighteen	611
years of age who is not the spouse of the offender.	612

(C) The prosecution of a person under this section does not	613
preclude prosecution of that person under section 2907.02 of the	614
Revised Code.	615

(D)(1)(a) Whoever violates this section is guilty of	616
felonious assault,. Except as otherwise provided in this division	617
or division (D)(1)(b) of this section, felonious assault is a	618
felony of the second degree. If the victim of a violation of	619
division (A) of this section is a peace officer or an	620
investigator of the bureau of criminal identification and	621
investigation, felonious assault is a felony of the first degree.	622
If	623

(b) Regardless of whether the felonious assault is a felony	624
of the first or second degree under division (D)(1)(a) of this	625
section, if the offender also is convicted of or pleads guilty to	626
a specification as described in section 2941.1423 of the Revised	627
Code that was included in the indictment, count in the	628
indictment, or information charging the offense, except as	629
otherwise provided in this division or unless a longer prison term	630
is required under any other provision of law, the court shall	631
sentence the offender to a mandatory prison term as provided in	632
division (D)(8) of section 2929.14 of the Revised Code. If the	633
victim of the offense is a peace officer or an investigator of	634
the bureau of criminal identification and investigation, and if	635
the victim suffered serious physical harm as a result of the	636
commission of the offense, felonious assault is a felony of the	637
first degree, and the court, pursuant to division (F) of section	638
2929.13 of the Revised Code, shall impose as a mandatory prison	639
term one of the prison terms prescribed for a felony of the first	640
degree.	641

(2) In addition to any other sanctions imposed pursuant to	642
division (D)(1) of this section for felonious assault committed in	643
violation of division (A)(2) of this section, if the deadly weapon	644
used in the commission of the violation is a motor vehicle, the	645
court shall impose upon the offender a class two suspension of the	646
offender's driver's license, commercial driver's license,	647
temporary instruction permit, probationary license, or nonresident	648
operating privilege as specified in division (A)(2) of section	649
4510.02 of the Revised Code.	650

(E) As used in this section:

651

(1) "Deadly weapon" and "dangerous ordnance" have the same	652
meanings as in section 2923.11 of the Revised Code.	653

(2) "Motor vehicle" has the same meaning as in section	654
4501.01 of the Revised Code.	655

(3) "Peace officer" has the same meaning as in section	656
2935.01 of the Revised Code.	657

(4) "Sexual conduct" has the same meaning as in section	658
2907.01 of the Revised Code, except that, as used in this section,	659
it does not include the insertion of an instrument, apparatus, or	660
other object that is not a part of the body into the vaginal or	661
anal opening of another, unless the offender knew at the time of	662
the insertion that the instrument, apparatus, or other object	663
carried the offender's bodily fluid.	664

(5) "Investigator of the bureau of criminal identification	665
and investigation" means an investigator of the bureau of criminal	666
identification and investigation who is commissioned by the	667
superintendent of the bureau as a special agent for the purpose of	668
assisting law enforcement officers or providing emergency	669
assistance to peace officers pursuant to authority granted under	670
section 109.541 of the Revised Code.	671

(6) "Investigator" has the same meaning as in section 109.541	672
of the Revised Code.	673

Sec. 2903.12.  (A) No person, while under the influence of	674
sudden passion or in a sudden fit of rage, either of which is	675
brought on by serious provocation occasioned by the victim that is	676
reasonably sufficient to incite the person into using deadly	677
force, shall knowingly:	678

(1) Cause serious physical harm to another or to another's	679
unborn;	680

(2) Cause or attempt to cause physical harm to another or to	681
another's unborn by means of a deadly weapon or dangerous	682
ordnance, as defined in section 2923.11 of the Revised Code.	683

(B) Whoever violates this section is guilty of aggravated	684
assault,. Except as otherwise provided in this division,	685
aggravated assault is a felony of the fourth degree. If the victim	686
of the offense is a peace officer or an investigator of the bureau	687
of criminal identification and investigation, aggravated assault	688
is a felony of the third degree. Regardless of whether the offense	689
is a felony of the third or fourth degree under this division, if	690
the offender also is convicted of or pleads guilty to a	691
specification as described in section 2941.1423 of the Revised	692
Code that was included in the indictment, count in the indictment,	693
or information charging the offense, except as otherwise provided	694
in this division, the court shall sentence the offender to a	695
mandatory prison term as provided in division (D)(8) of section	696
2929.14 of the Revised Code. If the victim of the offense is a	697
peace officer or an investigator of the bureau of criminal	698
identification and investigation, and if the victim suffered	699
serious physical harm as a result of the commission of the	700
offense, aggravated assault is a felony of the third degree, and	701
the court, pursuant to division (F) of section 2929.13 of the	702
Revised Code, shall impose as a mandatory prison term one of the	703
prison terms prescribed for a felony of the third degree.	704

(C) As used in this section:

705

(1) "Investigator of the bureau of criminal identification	706
and investigation" has the same meaning as in section 2903.11 of	707
the Revised Code.	708

(2) "Peace officer" has the same meaning as in section	709
2935.01 of the Revised Code.	710

Sec. 2903.13.  (A) No person shall knowingly cause or attempt	711
to cause physical harm to another or to another's unborn.	712

(B) No person shall recklessly cause serious physical harm to	713
another or to another's unborn.	714

(C) Whoever violates this section is guilty of assault, and	715
the court shall sentence the offender as provided in this division	716
and divisions (C)(1), (2), (3), (4), (5), and (6) of this section.	717
Except as otherwise provided in division (C)(1), (2), (3), (4), or	718
(5) of this section, assault is a misdemeanor of the first degree.	719

(1) Except as otherwise provided in this division, if the	720
offense is committed by a caretaker against a functionally	721
impaired person under the caretaker's care, assault is a felony of	722
the fourth degree. If the offense is committed by a caretaker	723
against a functionally impaired person under the caretaker's care,	724
if the offender previously has been convicted of or pleaded guilty	725
to a violation of this section or section 2903.11 or 2903.16 of	726
the Revised Code, and if in relation to the previous conviction	727
the offender was a caretaker and the victim was a functionally	728
impaired person under the offender's care, assault is a felony of	729
the third degree.	730

(2) If the offense is committed in any of the following	731
circumstances, assault is a felony of the fifth degree:	732

(a) The offense occurs in or on the grounds of a state	733
correctional institution or an institution of the department of	734
youth services, the victim of the offense is an employee of the	735
department of rehabilitation and correction, the department of	736
youth services, or a probation department or is on the premises of	737
the particular institution for business purposes or as a visitor,	738
and the offense is committed by a person incarcerated in the state	739
correctional institution, by a person institutionalized in the	740
department of youth services institution pursuant to a commitment	741
to the department of youth services, by a parolee, by an offender	742
under transitional control, under a community control sanction, or	743
on an escorted visit, by a person under post-release control, or	744
by an offender under any other type of supervision by a government	745
agency.	746

(b) The offense occurs in or on the grounds of a local	747
correctional facility, the victim of the offense is an employee of	748
the local correctional facility or a probation department or is on	749
the premises of the facility for business purposes or as a	750
visitor, and the offense is committed by a person who is under	751
custody in the facility subsequent to the person's arrest for any	752
crime or delinquent act, subsequent to the person's being charged	753
with or convicted of any crime, or subsequent to the person's	754
being alleged to be or adjudicated a delinquent child.	755

(c) The offense occurs off the grounds of a state	756
correctional institution and off the grounds of an institution of	757
the department of youth services, the victim of the offense is an	758
employee of the department of rehabilitation and correction, the	759
department of youth services, or a probation department, the	760
offense occurs during the employee's official work hours and while	761
the employee is engaged in official work responsibilities, and the	762
offense is committed by a person incarcerated in a state	763
correctional institution or institutionalized in the department of	764
youth services who temporarily is outside of the institution for	765
any purpose, by a parolee, by an offender under transitional	766
control, under a community control sanction, or on an escorted	767
visit, by a person under post-release control, or by an offender	768
under any other type of supervision by a government agency.	769

(d) The offense occurs off the grounds of a local	770
correctional facility, the victim of the offense is an employee of	771
the local correctional facility or a probation department, the	772
offense occurs during the employee's official work hours and while	773
the employee is engaged in official work responsibilities, and the	774
offense is committed by a person who is under custody in the	775
facility subsequent to the person's arrest for any crime or	776
delinquent act, subsequent to the person being charged with or	777
convicted of any crime, or subsequent to the person being alleged	778
to be or adjudicated a delinquent child and who temporarily is	779
outside of the facility for any purpose or by a parolee, by an	780
offender under transitional control, under a community control	781
sanction, or on an escorted visit, by a person under post-release	782
control, or by an offender under any other type of supervision by	783
a government agency.	784

(e) The victim of the offense is a school teacher or	785
administrator or a school bus operator, and the offense occurs in	786
a school, on school premises, in a school building, on a school	787
bus, or while the victim is outside of school premises or a school	788
bus and is engaged in duties or official responsibilities	789
associated with the victim's employment or position as a school	790
teacher or administrator or a school bus operator, including, but	791
not limited to, driving, accompanying, or chaperoning students at	792
or on class or field trips, athletic events, or other school	793
extracurricular activities or functions outside of school	794
premises.	795

(3) If the victim of the offense is a peace officer or an	796
investigator of the bureau of criminal identification and	797
investigation, a firefighter, or a person performing emergency	798
medical service, while in the performance of their official	799
duties, assault is a felony of the fourth degree.	800

(4) If the victim of the offense is a peace officer or an	801
investigator of the bureau of criminal identification and	802
investigation and if the victim suffered serious physical harm as	803
a result of the commission of the offense, assault is a felony of	804
the fourth degree, and the court, pursuant to division (F) of	805
section 2929.13 of the Revised Code, shall impose as a mandatory	806
prison term one of the prison terms prescribed for a felony of the	807
fourth degree that is at least twelve months in duration.	808

(5) If the victim of the offense is an officer or employee of	809
a public children services agency or a private child placing	810
agency and the offense relates to the officer's or employee's	811
performance or anticipated performance of official	812
responsibilities or duties, assault is either a felony of the	813
fifth degree or, if the offender previously has been convicted of	814
or pleaded guilty to an offense of violence, the victim of that	815
prior offense was an officer or employee of a public children	816
services agency or private child placing agency, and that prior	817
offense related to the officer's or employee's performance or	818
anticipated performance of official responsibilities or duties, a	819
felony of the fourth degree.	820

(6) If an offender who is convicted of or pleads guilty to	821
assault when it is a misdemeanor also is convicted of or pleads	822
guilty to a specification as described in section 2941.1423 of the	823
Revised Code that was included in the indictment, count in the	824
indictment, or information charging the offense, the court shall	825
sentence the offender to a mandatory jail term as provided in	826
division (G) of section 2929.24 of the Revised Code.	827

If an offender who is convicted of or pleads guilty to	828
assault when it is a felony also is convicted of or pleads guilty	829
to a specification as described in section 2941.1423 of the	830
Revised Code that was included in the indictment, count in the	831
indictment, or information charging the offense, except as	832
otherwise provided in division (C)(4) of this section, the court	833
shall sentence the offender to a mandatory prison term as	834
provided in division (D)(8) of section 2929.14 of the Revised	835
Code.	836

(D) As used in this section:

837

(1) "Peace officer" has the same meaning as in section	838
2935.01 of the Revised Code.	839

(2) "Firefighter" has the same meaning as in section 3937.41	840
of the Revised Code.	841

(3) "Emergency medical service" has the same meaning as in	842
section 4765.01 of the Revised Code.	843

(4) "Local correctional facility" means a county,	844
multicounty, municipal, municipal-county, or multicounty-municipal	845
jail or workhouse, a minimum security jail established under	846
section 341.23 or 753.21 of the Revised Code, or another county,	847
multicounty, municipal, municipal-county, or multicounty-municipal	848
facility used for the custody of persons arrested for any crime or	849
delinquent act, persons charged with or convicted of any crime, or	850
persons alleged to be or adjudicated a delinquent child.	851

(5) "Employee of a local correctional facility" means a	852
person who is an employee of the political subdivision or of one	853
or more of the affiliated political subdivisions that operates the	854
local correctional facility and who operates or assists in the	855
operation of the facility.	856

(6) "School teacher or administrator" means either of the	857
following:	858

(a) A person who is employed in the public schools of the	859
state under a contract described in section 3319.08 of the Revised	860
Code in a position in which the person is required to have a	861
certificate issued pursuant to sections 3319.22 to 3319.311 of the	862
Revised Code.	863

(b) A person who is employed by a nonpublic school for which	864
the state board of education prescribes minimum standards under	865
section 3301.07 of the Revised Code and who is certificated in	866
accordance with section 3301.071 of the Revised Code.	867

(7) "Community control sanction" has the same meaning as in	868
section 2929.01 of the Revised Code.	869

(8) "Escorted visit" means an escorted visit granted under	870
section 2967.27 of the Revised Code.	871

(9) "Post-release control" and "transitional control" have	872
the same meanings as in section 2967.01 of the Revised Code.	873

(10) "Investigator of the bureau of criminal identification	874
and investigation" has the same meaning as in section 2903.11 of	875
the Revised Code.	876

Sec. 2905.01.  (A) No person, by force, threat, or deception,	877
or, in the case of a victim under the age of thirteen or mentally	878
incompetent, by any means, shall remove another from the place	879
where the other person is found or restrain the liberty of the	880
other person, for any of the following purposes:	881

(1) To hold for ransom, or as a shield or hostage;

882

(2) To facilitate the commission of any felony or flight	883
thereafter;	884

(3) To terrorize, or to inflict serious physical harm on the	885
victim or another;	886

(4) To engage in sexual activity, as defined in section	887
2907.01 of the Revised Code, with the victim against the victim's	888
will;	889

(5) To hinder, impede, or obstruct a function of government,	890
or to force any action or concession on the part of governmental	891
authority.	892

(B) No person, by force, threat, or deception, or, in the	893
case of a victim under the age of thirteen or mentally	894
incompetent, by any means, shall knowingly do any of the	895
following, under circumstances that create a substantial risk of	896
serious physical harm to the victim or, in the case of a minor	897
victim, under circumstances that either create a substantial risk	898
of serious physical harm to the victim or cause physical harm to	899
the victim:	900

(1) Remove another from the place where the other person is	901
found;	902

(2) Restrain another of the other person's liberty;

903

(3) Hold another in a condition of involuntary servitude.

904

(C)(1) Whoever violates this section is guilty of kidnapping.	905
Except as otherwise provided in this division or division (C)(2)	906
or (3) of this section, kidnapping is a felony of the first	907
degree. Except as otherwise provided in this division or	908
division (C)(2) or (3) of this section, if the offender releases	909
the victim in a safe place unharmed, kidnapping is a felony of	910
the second degree. If	911

(2) If the offender also is convicted of or pleads guilty to	912
a specification as described in section 2941.1422 of the Revised	913
Code that was included in the indictment, count in the indictment,	914
or information charging the offense, the court shall order the	915
offender to make restitution as provided in division (B)(8) of	916
section 2929.18 of the Revised Code and, except as otherwise	917
provided in division (C)(3) of this section, shall sentence the	918
offender to a mandatory prison term as provided in division (D)(7)	919
of section 2929.14 of the Revised Code.	920

(3) If the victim of the offense is less than thirteen years	921
of age and if the offender also is convicted of or pleads guilty	922
to a sexual motivation specification that was included in the	923
indictment, count in the indictment, or information charging the	924
offense, kidnapping is a felony of the first degree, and,	925
notwithstanding the definite sentence provided for a felony of	926
the first degree in section 2929.14 of the Revised Code, the	927
offender shall be sentenced pursuant to section 2971.03 of the	928
Revised Code as follows:	929

(1)(a) Except as otherwise provided in division (C)(2)(3)(b)	930
of this section, the offender shall be sentenced pursuant to	931
that section to an indefinite prison term consisting of a	932
minimum term of fifteen years and a maximum term of life	933
imprisonment.	934

(2)(b) If the offender releases the victim in a safe place	935
unharmed, the offender shall be sentenced pursuant to that section	936
to an indefinite term consisting of a minimum term of ten years	937
and a maximum term of life imprisonment.	938

(D) As used in this section, "sexual motivation	939
specification" has the same meaning as in section 2971.01 of the	940
Revised Code.	941

Sec. 2905.02.  (A) No person, without privilege to do so,	942
shall knowingly do any of the following:	943

(1) By force or threat, remove another from the place where	944
the other person is found;	945

(2) By force or threat, restrain the liberty of another	946
person under circumstances that create a risk of physical harm to	947
the victim or place the other person in fear;	948

(3) Hold another in a condition of involuntary servitude.

949

(B) No person, with a sexual motivation, shall violate	950
division (A) of this section.	951

(C) Whoever violates this section is guilty of abduction, a	952
felony of the third degree. If the offender also is convicted of	953
or pleads guilty to a specification as described in section	954
2941.1422 of the Revised Code that was included in the indictment,	955
count in the indictment, or information charging the offense, the	956
court shall sentence the offender to a mandatory prison term as	957
provided in division (D)(7) of section 2929.14 of the Revised Code	958
and shall order the offender to make restitution as provided in	959
division (B)(8) of section 2929.18 of the Revised Code.	960

(D) As used in this section, "sexual motivation" has the same	961
meaning as in section 2971.01 of the Revised Code.	962

Sec. 2907.21.  (A) No person shall knowingly do any of the	963
following:	964

(1) Compel another to engage in sexual activity for hire;

965

(2) Induce, procure, encourage, solicit, request, or	966
otherwise facilitate either of the following:	967

(a) A minor to engage in sexual activity for hire, whether or	968
not the offender knows the age of the minor;	969

(b) A person the offender believes to be a minor to engage in	970
sexual activity for hire, whether or not the person is a minor.	971

(3)(a) Pay or agree to pay a minor, either directly or	972
through the minor's agent, so that the minor will engage in sexual	973
activity, whether or not the offender knows the age of the minor;	974

(b) Pay or agree to pay a person the offender believes to be	975
a minor, either directly or through the person's agent, so that	976
the person will engage in sexual activity, whether or not the	977
person is a minor.	978

(4)(a) Pay a minor, either directly or through the minor's	979
agent, for the minor having engaged in sexual activity pursuant to	980
a prior agreement, whether or not the offender knows the age of	981
the minor;	982

(b) Pay a person the offender believes to be a minor, either	983
directly or through the person's agent, for the person having	984
engaged in sexual activity pursuant to a prior agreement, whether	985
or not the person is a minor.	986

(5)(a) Allow a minor to engage in sexual activity for hire if	987
the person allowing the child to engage in sexual activity for	988
hire is the parent, guardian, custodian, person having custody or	989
control, or person in loco parentis of the minor;	990

(b) Allow a person the offender believes to be a minor to	991
engage in sexual activity for hire if the person allowing the	992
person to engage in sexual activity for hire is the parent,	993
guardian, custodian, person having custody or control, or person	994
in loco parentis of the person the offender believes to be a	995
minor, whether or not the person is a minor.	996

(B) Whoever violates this section is guilty of compelling	997
prostitution. Except as otherwise provided in this division,	998
compelling prostitution is a felony of the third degree. If the	999
offender commits a violation of division (A)(1) of this section	1000
and the person compelled to engage in sexual activity for hire in	1001
violation of that division is less than sixteen years of age,	1002
compelling prostitution is a felony of the second degree. If the	1003
offender in any case also is convicted of or pleads guilty to a	1004
specification as described in section 2941.1422 of the Revised	1005
Code that was included in the indictment, count in the indictment,	1006
or information charging the offense, the court shall sentence the	1007
offender to a mandatory prison term as provided in division	1008
(D)(7) of section 2929.14 of the Revised Code and shall order the	1009
offender to make restitution as provided in division (B)(8) of	1010
section 2929.18 of the Revised Code.	1011

Sec. 2907.22.  (A) No person shall knowingly:

1012

(1) Establish, maintain, operate, manage, supervise, control,	1013
or have an interest in a brothel;	1014

(2) Supervise, manage, or control the activities of a	1015
prostitute in engaging in sexual activity for hire;	1016

(3) Transport another, or cause another to be transported	1017
across the boundary of this state or of any county in this state,	1018
in order to facilitate the other person's engaging in sexual	1019
activity for hire;	1020

(4) For the purpose of violating or facilitating a violation	1021
of this section, induce or procure another to engage in sexual	1022
activity for hire.	1023

(B) Whoever violates this section is guilty of promoting	1024
prostitution. Except as otherwise provided in this division,	1025
promoting prostitution is a felony of the fourth degree. If any	1026
prostitute in the brothel involved in the offense, or the	1027
prostitute whose activities are supervised, managed, or	1028
controlled by the offender, or the person transported, induced, or	1029
procured by the offender to engage in sexual activity for hire, is	1030
a minor, whether or not the offender knows the age of the minor,	1031
then promoting prostitution is a felony of the third degree. If	1032
the offender in any case also is convicted of or pleads guilty to	1033
a specification as described in section 2941.1422 of the Revised	1034
Code that was included in the indictment, count in the indictment,	1035
or information charging the offense, the court shall sentence the	1036
offender to a mandatory prison term as provided in division	1037
(D)(7) of section 2929.14 of the Revised Code and shall order the	1038
offender to make restitution as provided in division (B)(8) of	1039
section 2929.18 of the Revised Code.	1040

Sec. 2907.323.  (A) No person shall do any of the following:

1041

(1) Photograph any minor who is not the person's child or	1042
ward in a state of nudity, or create, direct, produce, or transfer	1043
any material or performance that shows the minor in a state of	1044
nudity, unless both of the following apply:	1045

(a) The material or performance is, or is to be, sold,	1046
disseminated, displayed, possessed, controlled, brought or caused	1047
to be brought into this state, or presented for a bona fide	1048
artistic, medical, scientific, educational, religious,	1049
governmental, judicial, or other proper purpose, by or to a	1050
physician, psychologist, sociologist, scientist, teacher, person	1051
pursuing bona fide studies or research, librarian, clergyman	1052
member of the clergy, prosecutor, judge, or other person having a	1053
proper interest in the material or performance;	1054

(b) The minor's parents, guardian, or custodian consents in	1055
writing to the photographing of the minor, to the use of the minor	1056
in the material or performance, or to the transfer of the material	1057
and to the specific manner in which the material or performance is	1058
to be used.	1059

(2) Consent to the photographing of the person's minor child	1060
or ward, or photograph the person's minor child or ward, in a	1061
state of nudity or consent to the use of the person's minor child	1062
or ward in a state of nudity in any material or performance, or	1063
use or transfer a material or performance of that nature, unless	1064
the material or performance is sold, disseminated, displayed,	1065
possessed, controlled, brought or caused to be brought into this	1066
state, or presented for a bona fide artistic, medical, scientific,	1067
educational, religious, governmental, judicial, or other proper	1068
purpose, by or to a physician, psychologist, sociologist,	1069
scientist, teacher, person pursuing bona fide studies or research,	1070
librarian, clergymanmember of the clergy, prosecutor, judge, or	1071
other person having a proper interest in the material or	1072
performance;	1073

(3) Possess or view any material or performance that shows a	1074
minor who is not the person's child or ward in a state of nudity,	1075
unless one of the following applies:	1076

(a) The material or performance is sold, disseminated,	1077
displayed, possessed, controlled, brought or caused to be brought	1078
into this state, or presented for a bona fide artistic, medical,	1079
scientific, educational, religious, governmental, judicial, or	1080
other proper purpose, by or to a physician, psychologist,	1081
sociologist, scientist, teacher, person pursuing bona fide studies	1082
or research, librarian, clergymanmember of the clergy,	1083
prosecutor, judge, or other person having a proper interest in the	1084
material or performance.	1085

(b) The person knows that the parents, guardian, or custodian	1086
has consented in writing to the photographing or use of the minor	1087
in a state of nudity and to the manner in which the material or	1088
performance is used or transferred.	1089

(B) Whoever violates this section is guilty of illegal use of	1090
a minor in a nudity-oriented material or performance. Whoever	1091
violates division (A)(1) or (2) of this section is guilty of a	1092
felony of the second degree. WhoeverExcept as otherwise provided	1093
in this division, whoever violates division (A)(3) of this	1094
section is guilty of a felony of the fifth degree. If the	1095
offender previously has been convicted of or pleaded guilty to a	1096
violation of this section or section 2907.321 or 2907.322 of the	1097
Revised Code, illegal use of a minor in a nudity-oriented	1098
material or performance in violation of division (A)(3) of this	1099
section is a felony of the fourth degree. If the offender who	1100
violates division (A)(1) or (2) of this section also is convicted	1101
of or pleads guilty to a specification as described in section	1102
2941.1422 of the Revised Code that was included in the	1103
indictment, count in the indictment, or information charging the	1104
offense, the court shall sentence the offender to a mandatory	1105
prison term as provided in division (D)(7) of section 2929.14 of	1106
the Revised Code and shall order the offender to make restitution	1107
as provided in division (B)(8) of section 2929.18 of the Revised	1108
Code.	1109

Sec. 2919.22.  (A) No person, who is the parent, guardian,	1110
custodian, person having custody or control, or person in loco	1111
parentis of a child under eighteen years of age or a mentally or	1112
physically handicapped child under twenty-one years of age, shall	1113
create a substantial risk to the health or safety of the child, by	1114
violating a duty of care, protection, or support. It is not a	1115
violation of a duty of care, protection, or support under this	1116
division when the parent, guardian, custodian, or person having	1117
custody or control of a child treats the physical or mental	1118
illness or defect of the child by spiritual means through prayer	1119
alone, in accordance with the tenets of a recognized religious	1120
body.	1121

(B) No person shall do any of the following to a child under	1122
eighteen years of age or a mentally or physically handicapped	1123
child under twenty-one years of age:	1124

(1) Abuse the child;

1125

(2) Torture or cruelly abuse the child;

1126

(3) Administer corporal punishment or other physical	1127
disciplinary measure, or physically restrain the child in a cruel	1128
manner or for a prolonged period, which punishment, discipline, or	1129
restraint is excessive under the circumstances and creates a	1130
substantial risk of serious physical harm to the child;	1131

(4) Repeatedly administer unwarranted disciplinary measures	1132
to the child, when there is a substantial risk that such conduct,	1133
if continued, will seriously impair or retard the child's mental	1134
health or development;	1135

(5) Entice, coerce, permit, encourage, compel, hire, employ,	1136
use, or allow the child to act, model, or in any other way	1137
participate in, or be photographed for, the production,	1138
presentation, dissemination, or advertisement of any material or	1139
performance that the offender knows or reasonably should know is	1140
obscene, is sexually oriented matter, or is nudity-oriented	1141
matter;	1142

(6) Allow the child to be on the same parcel of real property	1143
and within one hundred feet of, or, in the case of more than one	1144
housing unit on the same parcel of real property, in the same	1145
housing unit and within one hundred feet of, any act in violation	1146
of section 2925.04 or 2925.041 of the Revised Code when the person	1147
knows that the act is occurring, whether or not any person is	1148
prosecuted for or convicted of the violation of section 2925.04 or	1149
2925.041 of the Revised Code that is the basis of the violation of	1150
this division.	1151

(C)(1) No person shall operate a vehicle, streetcar, or	1152
trackless trolley within this state in violation of division (A)	1153
of section 4511.19 of the Revised Code when one or more children	1154
under eighteen years of age are in the vehicle, streetcar, or	1155
trackless trolley. Notwithstanding any other provision of law, a	1156
person may be convicted at the same trial or proceeding of a	1157
violation of this division and a violation of division (A) of	1158
section 4511.19 of the Revised Code that constitutes the basis of	1159
the charge of the violation of this division. For purposes of	1160
sections 4511.191 to 4511.197 of the Revised Code and all related	1161
provisions of law, a person arrested for a violation of this	1162
division shall be considered to be under arrest for operating a	1163
vehicle while under the influence of alcohol, a drug of abuse, or	1164
a combination of them or for operating a vehicle with a prohibited	1165
concentration of alcohol, a controlled substance, or a metabolite	1166
of a controlled substance in the whole blood, blood serum or	1167
plasma, breath, or urine.	1168

(2) As used in division (C)(1) of this section:

1169

(a) "Controlled substance" has the same meaning as in section	1170
3719.01 of the Revised Code.	1171

(b) "Vehicle," "streetcar," and "trackless trolley" have the	1172
same meanings as in section 4511.01 of the Revised Code.	1173

(D)(1) Division (B)(5) of this section does not apply to any	1174
material or performance that is produced, presented, or	1175
disseminated for a bona fide medical, scientific, educational,	1176
religious, governmental, judicial, or other proper purpose, by or	1177
to a physician, psychologist, sociologist, scientist, teacher,	1178
person pursuing bona fide studies or research, librarian, member	1179
of the clergy, prosecutor, judge, or other person having a proper	1180
interest in the material or performance.	1181

(2) Mistake of age is not a defense to a charge under	1182
division (B)(5) of this section.	1183

(3) In a prosecution under division (B)(5) of this section,	1184
the trier of fact may infer that an actor, model, or participant	1185
in the material or performance involved is a juvenile if the	1186
material or performance, through its title, text, visual	1187
representation, or otherwise, represents or depicts the actor,	1188
model, or participant as a juvenile.	1189

(4) As used in this division and division (B)(5) of this	1190
section:	1191

(a) "Material," "performance," "obscene," and "sexual	1192
activity" have the same meanings as in section 2907.01 of the	1193
Revised Code.	1194

(b) "Nudity-oriented matter" means any material or	1195
performance that shows a minor in a state of nudity and that,	1196
taken as a whole by the average person applying contemporary	1197
community standards, appeals to prurient interest.	1198

(c) "Sexually oriented matter" means any material or	1199
performance that shows a minor participating or engaging in sexual	1200
activity, masturbation, or bestiality.	1201

(E)(1) Whoever violates this section is guilty of endangering	1202
children.	1203

(2) If the offender violates division (A) or (B)(1) of this	1204
section, endangering children is one of the following, and, in the	1205
circumstances described in division (E)(2)(e) of this section,	1206
that division applies:	1207

(a) Except as otherwise provided in division (E)(2)(b), (c),	1208
or (d) of this section, a misdemeanor of the first degree;	1209

(b) If the offender previously has been convicted of an	1210
offense under this section or of any offense involving neglect,	1211
abandonment, contributing to the delinquency of, or physical abuse	1212
of a child, except as otherwise provided in division (E)(2)(c) or	1213
(d) of this section, a felony of the fourth degree;	1214

(c) If the violation is a violation of division (A) of this	1215
section and results in serious physical harm to the child	1216
involved, a felony of the third degree;	1217

(d) If the violation is a violation of division (B)(1) of	1218
this section and results in serious physical harm to the child	1219
involved, a felony of the second degree.	1220

(e) If the violation is a felony violation of division (B)(1)	1221
of this section and the offender also is convicted of or pleads	1222
guilty to a specification as described in section 2941.1422 of the	1223
Revised Code that was included in the indictment, count in the	1224
indictment, or information charging the offense, the court shall	1225
sentence the offender to a mandatory prison term as provided in	1226
division (D)(7) of section 2929.14 of the Revised Code and shall	1227
order the offender to make restitution as provided in division	1228
(B)(8) of section 2929.18 of the Revised Code.	1229

(3) If the offender violates division (B)(2), (3), (4), or	1230
(6) of this section, except as otherwise provided in this	1231
division, endangering children is a felony of the third degree.	1232
If the violation results in serious physical harm to the child	1233
involved, or if the offender previously has been convicted of an	1234
offense under this section or of any offense involving neglect,	1235
abandonment, contributing to the delinquency of, or physical	1236
abuse of a child, endangering children is a felony of the second	1237
degree. If the offender violates division (B)(2), (3), or (4) of	1238
this section and the offender also is convicted of or pleads	1239
guilty to a specification as described in section 2941.1422 of the	1240
Revised Code that was included in the indictment, count in the	1241
indictment, or information charging the offense, the court shall	1242
sentence the offender to a mandatory prison term as provided in	1243
division (D)(7) of section 2929.14 of the Revised Code and shall	1244
order the offender to make restitution as provided in division	1245
(B)(8) of section 2929.18 of the Revised Code. If the offender	1246
violates division (B)(6) of this section and the drug involved is	1247
methamphetamine, the court shall impose a mandatory prison term on	1248
the offender as follows:	1249

(a) If the violation is a violation of division (B)(6) of	1250
this section that is a felony of the third degree under division	1251
(E)(3) of this section and the drug involved is methamphetamine,	1252
except as otherwise provided in this division, the court shall	1253
impose as a mandatory prison term one of the prison terms	1254
prescribed for a felony of the third degree that is not less than	1255
two years. If the violation is a violation of division (B)(6) of	1256
this section that is a felony of the third degree under division	1257
(E)(3) of this section, if the drug involved is methamphetamine,	1258
and if the offender previously has been convicted of or pleaded	1259
guilty to a violation of division (B)(6) of this section, a	1260
violation of division (A) of section 2925.04 of the Revised Code,	1261
or a violation of division (A) of section 2925.041 of the Revised	1262
Code, the court shall impose as a mandatory prison term one of the	1263
prison terms prescribed for a felony of the third degree that is	1264
not less than five years.	1265

(b) If the violation is a violation of division (B)(6) of	1266
this section that is a felony of the second degree under division	1267
(E)(3) of this section and the drug involved is methamphetamine,	1268
except as otherwise provided in this division, the court shall	1269
impose as a mandatory prison term one of the prison terms	1270
prescribed for a felony of the second degree that is not less than	1271
three years. If the violation is a violation of division (B)(6) of	1272
this section that is a felony of the second degree under division	1273
(E)(3) of this section, if the drug involved is methamphetamine,	1274
and if the offender previously has been convicted of or pleaded	1275
guilty to a violation of division (B)(6) of this section, a	1276
violation of division (A) of section 2925.04 of the Revised Code,	1277
or a violation of division (A) of section 2925.041 of the Revised	1278
Code, the court shall impose as a mandatory prison term one of the	1279
prison terms prescribed for a felony of the second degree that is	1280
not less than five years.	1281

(4) If the offender violates division (B)(5) of this section,	1282
endangering children is a felony of the second degree. If the	1283
offender also is convicted of or pleads guilty to a specification	1284
as described in section 2941.1422 of the Revised Code that was	1285
included in the indictment, count in the indictment, or	1286
information charging the offense, the court shall sentence the	1287
offender to a mandatory prison term as provided in division (D)(7)	1288
of section 2929.14 of the Revised Code and shall order the	1289
offender to make restitution as provided in division (B)(8) of	1290
section 2929.18 of the Revised Code.	1291

(5) If the offender violates division (C) of this section,	1292
the offender shall be punished as follows:	1293

(a) Except as otherwise provided in division (E)(5)(b) or (c)	1294
of this section, endangering children in violation of division (C)	1295
of this section is a misdemeanor of the first degree.	1296

(b) If the violation results in serious physical harm to the	1297
child involved or the offender previously has been convicted of an	1298
offense under this section or any offense involving neglect,	1299
abandonment, contributing to the delinquency of, or physical abuse	1300
of a child, except as otherwise provided in division (E)(5)(c) of	1301
this section, endangering children in violation of division (C) of	1302
this section is a felony of the fifth degree.	1303

(c) If the violation results in serious physical harm to the	1304
child involved and if the offender previously has been convicted	1305
of a violation of division (C) of this section, section 2903.06 or	1306
2903.08 of the Revised Code, section 2903.07 of the Revised Code	1307
as it existed prior to March 23, 2000, or section 2903.04 of the	1308
Revised Code in a case in which the offender was subject to the	1309
sanctions described in division (D) of that section, endangering	1310
children in violation of division (C) of this section is a felony	1311
of the fourth degree.	1312

(d) In addition to any term of imprisonment, fine, or other	1313
sentence, penalty, or sanction it imposes upon the offender	1314
pursuant to division (E)(5)(a), (b), or (c) of this section or	1315
pursuant to any other provision of law and in addition to any	1316
suspension of the offender's driver's or commercial driver's	1317
license or permit or nonresident operating privilege under Chapter	1318
4506., 4509., 4510., or 4511. of the Revised Code or under any	1319
other provision of law, the court also may impose upon the	1320
offender a class seven suspension of the offender's driver's or	1321
commercial driver's license or permit or nonresident operating	1322
privilege from the range specified in division (A)(7) of section	1323
4510.02 of the Revised Code.	1324

(e) In addition to any term of imprisonment, fine, or other	1325
sentence, penalty, or sanction imposed upon the offender pursuant	1326
to division (E)(5)(a), (b), (c), or (d) of this section or	1327
pursuant to any other provision of law for the violation of	1328
division (C) of this section, if as part of the same trial or	1329
proceeding the offender also is convicted of or pleads guilty to a	1330
separate charge charging the violation of division (A) of section	1331
4511.19 of the Revised Code that was the basis of the charge of	1332
the violation of division (C) of this section, the offender also	1333
shall be sentenced in accordance with section 4511.19 of the	1334
Revised Code for that violation of division (A) of section 4511.19	1335
of the Revised Code.	1336

(F)(1)(a) A court may require an offender to perform not more	1337
than two hundred hours of supervised community service work under	1338
the authority of an agency, subdivision, or charitable	1339
organization. The requirement shall be part of the community	1340
control sanction or sentence of the offender, and the court shall	1341
impose the community service in accordance with and subject to	1342
divisions (F)(1)(a) and (b) of this section. The court may require	1343
an offender whom it requires to perform supervised community	1344
service work as part of the offender's community control sanction	1345
or sentence to pay the court a reasonable fee to cover the costs	1346
of the offender's participation in the work, including, but not	1347
limited to, the costs of procuring a policy or policies of	1348
liability insurance to cover the period during which the offender	1349
will perform the work. If the court requires the offender to	1350
perform supervised community service work as part of the	1351
offender's community control sanction or sentence, the court shall	1352
do so in accordance with the following limitations and criteria:	1353

(i) The court shall require that the community service work	1354
be performed after completion of the term of imprisonment or jail	1355
term imposed upon the offender for the violation of division (C)	1356
of this section, if applicable.	1357

(ii) The supervised community service work shall be subject	1358
to the limitations set forth in divisions (B)(1), (2), and (3) of	1359
section 2951.02 of the Revised Code.	1360

(iii) The community service work shall be supervised in the	1361
manner described in division (B)(4) of section 2951.02 of the	1362
Revised Code by an official or person with the qualifications	1363
described in that division. The official or person periodically	1364
shall report in writing to the court concerning the conduct of the	1365
offender in performing the work.	1366

(iv) The court shall inform the offender in writing that if	1367
the offender does not adequately perform, as determined by the	1368
court, all of the required community service work, the court may	1369
order that the offender be committed to a jail or workhouse for a	1370
period of time that does not exceed the term of imprisonment that	1371
the court could have imposed upon the offender for the violation	1372
of division (C) of this section, reduced by the total amount of	1373
time that the offender actually was imprisoned under the sentence	1374
or term that was imposed upon the offender for that violation and	1375
by the total amount of time that the offender was confined for any	1376
reason arising out of the offense for which the offender was	1377
convicted and sentenced as described in sections 2949.08 and	1378
2967.191 of the Revised Code, and that, if the court orders that	1379
the offender be so committed, the court is authorized, but not	1380
required, to grant the offender credit upon the period of the	1381
commitment for the community service work that the offender	1382
adequately performed.	1383

(b) If a court, pursuant to division (F)(1)(a) of this	1384
section, orders an offender to perform community service work as	1385
part of the offender's community control sanction or sentence and	1386
if the offender does not adequately perform all of the required	1387
community service work, as determined by the court, the court may	1388
order that the offender be committed to a jail or workhouse for a	1389
period of time that does not exceed the term of imprisonment that	1390
the court could have imposed upon the offender for the violation	1391
of division (C) of this section, reduced by the total amount of	1392
time that the offender actually was imprisoned under the sentence	1393
or term that was imposed upon the offender for that violation and	1394
by the total amount of time that the offender was confined for any	1395
reason arising out of the offense for which the offender was	1396
convicted and sentenced as described in sections 2949.08 and	1397
2967.191 of the Revised Code. The court may order that a person	1398
committed pursuant to this division shall receive hour-for-hour	1399
credit upon the period of the commitment for the community service	1400
work that the offender adequately performed. No commitment	1401
pursuant to this division shall exceed the period of the term of	1402
imprisonment that the sentencing court could have imposed upon the	1403
offender for the violation of division (C) of this section,	1404
reduced by the total amount of time that the offender actually was	1405
imprisoned under that sentence or term and by the total amount of	1406
time that the offender was confined for any reason arising out of	1407
the offense for which the offender was convicted and sentenced as	1408
described in sections 2949.08 and 2967.191 of the Revised Code.	1409

(2) Division (F)(1) of this section does not limit or affect	1410
the authority of the court to suspend the sentence imposed upon a	1411
misdemeanor offender and place the offender under a community	1412
control sanction pursuant to section 2929.25 of the Revised Code,	1413
to require a misdemeanor or felony offender to perform supervised	1414
community service work in accordance with division (B) of section	1415
2951.02 of the Revised Code, or to place a felony offender under a	1416
community control sanction.	1417

(G)(1) If a court suspends an offender's driver's or	1418
commercial driver's license or permit or nonresident operating	1419
privilege under division (E)(5)(d) of this section, the period of	1420
the suspension shall be consecutive to, and commence after, the	1421
period of suspension of the offender's driver's or commercial	1422
driver's license or permit or nonresident operating privilege that	1423
is imposed under Chapter 4506., 4509., 4510., or 4511. of the	1424
Revised Code or under any other provision of law in relation to	1425
the violation of division (C) of this section that is the basis of	1426
the suspension under division (E)(5)(d) of this section or in	1427
relation to the violation of division (A) of section 4511.19 of	1428
the Revised Code that is the basis for that violation of division	1429
(C) of this section.	1430

(2) An offender is not entitled to request, and the court	1431
shall not grant to the offender, limited driving privileges if the	1432
offender's license, permit, or privilege has been suspended under	1433
division (E)(5)(d) of this section and the offender, within the	1434
preceding six years, has been convicted of or pleaded guilty to	1435
three or more violations of one or more of the following:	1436

(a) Division (C) of this section;

1437

(b) Any equivalent offense, as defined in section 4511.181 of	1438
the Revised Code.	1439

(H)(1) If a person violates division (C) of this section and	1440
if, at the time of the violation, there were two or more children	1441
under eighteen years of age in the motor vehicle involved in the	1442
violation, the offender may be convicted of a violation of	1443
division (C) of this section for each of the children, but the	1444
court may sentence the offender for only one of the violations.	1445

(2)(a) If a person is convicted of or pleads guilty to a	1446
violation of division (C) of this section but the person is not	1447
also convicted of and does not also plead guilty to a separate	1448
charge charging the violation of division (A) of section 4511.19	1449
of the Revised Code that was the basis of the charge of the	1450
violation of division (C) of this section, both of the following	1451
apply:	1452

(i) For purposes of the provisions of section 4511.19 of the	1453
Revised Code that set forth the penalties and sanctions for a	1454
violation of division (A) of section 4511.19 of the Revised Code,	1455
the conviction of or plea of guilty to the violation of division	1456
(C) of this section shall not constitute a violation of division	1457
(A) of section 4511.19 of the Revised Code;	1458

(ii) For purposes of any provision of law that refers to a	1459
conviction of or plea of guilty to a violation of division (A) of	1460
section 4511.19 of the Revised Code and that is not described in	1461
division (H)(2)(a)(i) of this section, the conviction of or plea	1462
of guilty to the violation of division (C) of this section shall	1463
constitute a conviction of or plea of guilty to a violation of	1464
division (A) of section 4511.19 of the Revised Code.	1465

(b) If a person is convicted of or pleads guilty to a	1466
violation of division (C) of this section and the person also is	1467
convicted of or pleads guilty to a separate charge charging the	1468
violation of division (A) of section 4511.19 of the Revised Code	1469
that was the basis of the charge of the violation of division (C)	1470
of this section, the conviction of or plea of guilty to the	1471
violation of division (C) of this section shall not constitute,	1472
for purposes of any provision of law that refers to a conviction	1473
of or plea of guilty to a violation of division (A) of section	1474
4511.19 of the Revised Code, a conviction of or plea of guilty to	1475
a violation of division (A) of section 4511.19 of the Revised	1476
Code.	1477

(I) As used in this section:

1478

(1) "Community control sanction" has the same meaning as in	1479
section 2929.01 of the Revised Code;	1480

(2) "Limited driving privileges" has the same meaning as in	1481
section 4501.01 of the Revised Code;	1482

(3) "Methamphetamine" has the same meaning as in section	1483
2925.01 of the Revised Code.	1484

Sec. 2919.25.  (A) No person shall knowingly cause or attempt	1485
to cause physical harm to a family or household member.	1486

(B) No person shall recklessly cause serious physical harm to	1487
a family or household member.	1488

(C) No person, by threat of force, shall knowingly cause a	1489
family or household member to believe that the offender will cause	1490
imminent physical harm to the family or household member.	1491

(D)(1) Whoever violates this section is guilty of domestic	1492
violence, and the court shall sentence the offender as provided in	1493
divisions (D)(2) to (6) of this section.	1494

(2) Except as otherwise provided in division (D)(3) or (4)to	1495
(5) of this section, a violation of division (C) of this section	1496
is a misdemeanor of the fourth degree, and a violation of division	1497
(A) or (B) of this section is a misdemeanor of the first degree.	1498

(3) Except as otherwise provided in division (D)(4) of this	1499
section, if the offender previously has pleaded guilty to or been	1500
convicted of domestic violence, a violation of an existing or	1501
former municipal ordinance or law of this or any other state or	1502
the United States that is substantially similar to domestic	1503
violence, a violation of section 2903.14, 2909.06, 2909.07,	1504
2911.12, 2911.211, or 2919.22 of the Revised Code if the victim of	1505
the violation was a family or household member at the time of the	1506
violation, a violation of an existing or former municipal	1507
ordinance or law of this or any other state or the United States	1508
that is substantially similar to any of those sections if the	1509
victim of the violation was a family or household member at the	1510
time of the commission of the violation, or any offense of	1511
violence if the victim of the offense was a family or household	1512
member at the time of the commission of the offense, a violation	1513
of division (A) or (B) of this section is a felony of the fourth	1514
degree, and, if the offender knew that the victim of the violation	1515
was pregnant at the time of the violation, the court shall impose	1516
a mandatory prison term on the offender pursuant to division	1517
(A)(6) of this section, and a violation of division (C) of this	1518
section is a misdemeanor of the second degree.	1519

(4) If the offender previously has pleaded guilty to or been	1520
convicted of two or more offenses of domestic violence or two or	1521
more violations or offenses of the type described in division	1522
(D)(3) of this section involving a person who was a family or	1523
household member at the time of the violations or offenses, a	1524
violation of division (A) or (B) of this section is a felony of	1525
the third degree, and, if the offender knew that the victim of the	1526
violation was pregnant at the time of the violation, the court	1527
shall impose a mandatory prison term on the offender pursuant to	1528
division (A)(6) of this section, and a violation of division (C)	1529
of this section is a misdemeanor of the first degree.	1530

(5) Except as otherwise provided in division (D)(3) or (4) of	1531
this section, if the offender knew that the victim of the	1532
violation was pregnant at the time of the violation, a violation	1533
of division (A) or (B) of this section is a felony of the fifth	1534
degree, and the court shall impose a mandatory prison term on the	1535
offender pursuant to division (A)(6) of this section, and a	1536
violation of division (C) of this section is a misdemeanor of the	1537
third degree.	1538

(6) If division (A)(3), (4), or (5) of this section requires	1539
the court that sentences an offender for a violation of division	1540
(A) or (B) of this section to impose a mandatory prison term on	1541
the offender pursuant to this division, the court shall impose the	1542
mandatory prison term as follows:	1543

(a) If the violation of division (A) or (B) of this section	1544
is a felony of the fourth or fifth degree, except as otherwise	1545
provided in division (A)(6)(b) or (c) of this section, the court	1546
shall impose a mandatory prison on the offender of at least six	1547
months.	1548

(b) If the violation of division (A) or (B) of this section	1549
is a felony of the fifth degree and the offender, in committing	1550
the violation, caused serious physical harm to the pregnant	1551
woman's unborn or caused the termination of the pregnant woman's	1552
pregnancy, the court shall impose a mandatory prison term on the	1553
offender of twelve months.	1554

(c) If the violation of division (A) or (B) of this section	1555
is a felony of the fourth degree and the offender, in committing	1556
the violation, caused serious physical harm to the pregnant	1557
woman's unborn or caused the termination of the pregnant woman's	1558
pregnancy, the court shall impose a mandatory prison term on the	1559
offender of at least twelve months.	1560

(d) If the violation of division (A) or (B) of this section	1561
is a felony of the third degree, except as otherwise provided in	1562
division (A)(6)(e) of this section and notwithstanding the range	1563
of prison terms prescribed in section 2929.14 of the Revised Code	1564
for a felony of the third degree, the court shall impose a	1565
mandatory prison term on the offender of either a definite term of	1566
six months or one of the prison terms prescribed in section	1567
2929.14 of the Revised Code for felonies of the third degree.	1568

(e) If the violation of division (A) or (B) of this section	1569
is a felony of the third degree and the offender, in committing	1570
the violation, caused serious physical harm to the pregnant	1571
woman's unborn or caused the termination of the pregnant woman's	1572
pregnancy, notwithstanding the range of prison terms prescribed	1573
in section 2929.14 of the Revised Code for a felony of the third	1574
degree, the court shall impose a mandatory prison term on the	1575
offender of either a definite term of one year or one of the	1576
prison terms prescribed in section 2929.14 of the Revised Code	1577
for felonies of the third degree.	1578

(E) Notwithstanding any provision of law to the contrary, no	1579
court or unit of state or local government shall charge any fee,	1580
cost, deposit, or money in connection with the filing of charges	1581
against a person alleging that the person violated this section or	1582
a municipal ordinance substantially similar to this section or in	1583
connection with the prosecution of any charges so filed.	1584

(F) As used in this section and sections 2919.251 and 2919.26	1585
of the Revised Code:	1586

(1) "Family or household member" means any of the following:

1587

(a) Any of the following who is residing or has resided with	1588
the offender:	1589

(i) A spouse, a person living as a spouse, or a former spouse	1590
of the offender;	1591

(ii) A parent or a child of the offender, or another person	1592
related by consanguinity or affinity to the offender;	1593

(iii) A parent or a child of a spouse, person living as a	1594
spouse, or former spouse of the offender, or another person	1595
related by consanguinity or affinity to a spouse, person living as	1596
a spouse, or former spouse of the offender.	1597

(b) The natural parent of any child of whom the offender is	1598
the other natural parent or is the putative other natural parent.	1599

(2) "Person living as a spouse" means a person who is living	1600
or has lived with the offender in a common law marital	1601
relationship, who otherwise is cohabiting with the offender, or	1602
who otherwise has cohabited with the offender within five years	1603
prior to the date of the alleged commission of the act in	1604
question.	1605

(3) "Pregnant woman's unborn" has the same meaning as "such	1606
other person's unborn," as set forth in section 2903.09 of the	1607
Revised Code, as it relates to the pregnant woman. Division (C) of	1608
that section applies regarding the use of the term in this	1609
section, except that the second and third sentences of division	1610
(C)(1) of that section shall be construed for purposes of this	1611
section as if they included a reference to this section in the	1612
listing of Revised Code sections they contain.	1613

(4) "Termination of the pregnant woman's pregnancy" has the	1614
same meaning as "unlawful termination of another's pregnancy," as	1615
set forth in section 2903.09 of the Revised Code, as it relates	1616
to the pregnant woman. Division (C) of that section applies	1617
regarding the use of the term in this section, except that the	1618
second and third sentences of division (C)(1) of that section	1619
shall be construed for purposes of this section as if they	1620
included a reference to this section in the listing of Revised	1621
Code sections they contain.	1622

Sec. 2923.32.  (A)(1) No person employed by, or associated	1623
with, any enterprise shall conduct or participate in, directly or	1624
indirectly, the affairs of the enterprise through a pattern of	1625
corrupt activity or the collection of an unlawful debt.	1626

(2) No person, through a pattern of corrupt activity or the	1627
collection of an unlawful debt, shall acquire or maintain,	1628
directly or indirectly, any interest in, or control of, any	1629
enterprise or real property.	1630

(3) No person, who knowingly has received any proceeds	1631
derived, directly or indirectly, from a pattern of corrupt	1632
activity or the collection of any unlawful debt, shall use or	1633
invest, directly or indirectly, any part of those proceeds, or any	1634
proceeds derived from the use or investment of any of those	1635
proceeds, in the acquisition of any title to, or any right,	1636
interest, or equity in, real property or in the establishment or	1637
operation of any enterprise.	1638

A purchase of securities on the open market with intent to	1639
make an investment, without intent to control or participate in	1640
the control of the issuer, and without intent to assist another to	1641
do so is not a violation of this division, if the securities of	1642
the issuer held after the purchase by the purchaser, the members	1643
of the purchaser's immediate family, and the purchaser's or the	1644
immediate family members' accomplices in any pattern of corrupt	1645
activity or the collection of an unlawful debt do not aggregate	1646
one per cent of the outstanding securities of any one class of the	1647
issuer and do not confer, in law or in fact, the power to elect	1648
one or more directors of the issuer.	1649

(B)(1) Whoever violates this section is guilty of engaging in	1650
a pattern of corrupt activity. Except as otherwise provided in	1651
this division, engaging in corrupt activity is a felony of the	1652
second degree. IfExcept as otherwise provided in this division,	1653
if at least one of the incidents of corrupt activity is a felony	1654
of the first, second, or third degree, aggravated murder, or	1655
murder, if at least one of the incidents was a felony under the	1656
law of this state that was committed prior to July 1, 1996, and	1657
that would constitute a felony of the first, second, or third	1658
degree, aggravated murder, or murder if committed on or after July	1659
1, 1996, or if at least one of the incidents of corrupt activity	1660
is a felony under the law of the United States or of another state	1661
that, if committed in this state on or after July 1, 1996, would	1662
constitute a felony of the first, second, or third degree,	1663
aggravated murder, or murder under the law of this state, engaging	1664
in a pattern of corrupt activity is a felony of the first degree.	1665
If the offender also is convicted of or pleads guilty to a	1666
specification as described in section 2941.1422 of the Revised	1667
Code that was included in the indictment, count in the indictment,	1668
or information charging the offense, engaging in a pattern of	1669
corrupt activity is a felony of the first degree, and the court	1670
shall sentence the offender to a mandatory prison term as provided	1671
in division (D)(7) of section 2929.14 of the Revised Code and	1672
shall order the offender to make restitution as provided in	1673
division (B)(8) of section 2929.18 of the Revised Code.	1674
Notwithstanding any other provision of law, a person may be	1675
convicted of violating the provisions of this section as well as	1676
of a conspiracy to violate one or more of those provisions under	1677
section 2923.01 of the Revised Code.	1678

(2) Notwithstanding the financial sanctions authorized by	1679
section 2929.18 of the Revised Code, the court may do all of the	1680
following with respect to any person who derives pecuniary value	1681
or causes property damage, personal injury other than pain and	1682
suffering, or other loss through or by the violation of this	1683
section:	1684

(a) In lieu of the fine authorized by that section, impose a	1685
fine not exceeding the greater of three times the gross value	1686
gained or three times the gross loss caused and order the clerk of	1687
the court to pay the fine into the state treasury to the credit of	1688
the corrupt activity investigation and prosecution fund, which is	1689
hereby created;	1690

(b) In addition to the fine described in division (B)(2)(a)	1691
of this section and the financial sanctions authorized by section	1692
2929.18 of the Revised Code, order the person to pay court costs;	1693

(c) In addition to the fine described in division (B)(2)(a)	1694
of this section and the financial sanctions authorized by section	1695
2929.18 of the Revised Code, order the person to pay to the state,	1696
municipal, or county law enforcement agencies that handled the	1697
investigation and prosecution the costs of investigation and	1698
prosecution that are reasonably incurred.	1699

The court shall hold a hearing to determine the amount of	1700
fine, court costs, and other costs to be imposed under this	1701
division.	1702

(3) In addition to any other penalty or disposition	1703
authorized or required by law, the court shall order any person	1704
who is convicted of or pleads guilty to a violation of this	1705
section or who is adjudicated delinquent by reason of a violation	1706
of this section to criminally forfeit to the state under Chapter	1707
2981. of the Revised Code any personal or real property in which	1708
the person has an interest and that was used in the course of or	1709
intended for use in the course of a violation of this section, or	1710
that was derived from or realized through conduct in violation of	1711
this section, including any property constituting an interest in,	1712
means of control over, or influence over the enterprise involved	1713
in the violation and any property constituting proceeds derived	1714
from the violation, including all of the following:	1715

(a) Any position, office, appointment, tenure, commission, or	1716
employment contract of any kind acquired or maintained by the	1717
person in violation of this section, through which the person, in	1718
violation of this section, conducted or participated in the	1719
conduct of an enterprise, or that afforded the person a source of	1720
influence or control over an enterprise that the person exercised	1721
in violation of this section;	1722

(b) Any compensation, right, or benefit derived from a	1723
position, office, appointment, tenure, commission, or employment	1724
contract described in division (B)(3)(a) of this section that	1725
accrued to the person in violation of this section during the	1726
period of the pattern of corrupt activity;	1727

(c) Any interest in, security of, claim against, or property	1728
or contractual right affording the person a source of influence or	1729
control over the affairs of an enterprise that the person	1730
exercised in violation of this section;	1731

(d) Any amount payable or paid under any contract for goods	1732
or services that was awarded or performed in violation of this	1733
section.	1734

Sec. 2929.01.  As used in this chapter:

1735

(A)(1) "Alternative residential facility" means, subject to	1736
division (A)(2) of this section, any facility other than an	1737
offender's home or residence in which an offender is assigned to	1738
live and that satisfies all of the following criteria:	1739

(a) It provides programs through which the offender may seek	1740
or maintain employment or may receive education, training,	1741
treatment, or habilitation.	1742

(b) It has received the appropriate license or certificate	1743
for any specialized education, training, treatment, habilitation,	1744
or other service that it provides from the government agency that	1745
is responsible for licensing or certifying that type of education,	1746
training, treatment, habilitation, or service.	1747

(2) "Alternative residential facility" does not include a	1748
community-based correctional facility, jail, halfway house, or	1749
prison.	1750

(B) "Bad time" means the time by which the parole board	1751
administratively extends an offender's stated prison term or terms	1752
pursuant to section 2967.11 of the Revised Code because the parole	1753
board finds by clear and convincing evidence that the offender,	1754
while serving the prison term or terms, committed an act that is a	1755
criminal offense under the law of this state or the United States,	1756
whether or not the offender is prosecuted for the commission of	1757
that act.	1758

(C) "Basic probation supervision" means a requirement that	1759
the offender maintain contact with a person appointed to supervise	1760
the offender in accordance with sanctions imposed by the court or	1761
imposed by the parole board pursuant to section 2967.28 of the	1762
Revised Code. "Basic probation supervision" includes basic parole	1763
supervision and basic post-release control supervision.	1764

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	1765
"unit dose" have the same meanings as in section 2925.01 of the	1766
Revised Code.	1767

(E) "Community-based correctional facility" means a	1768
community-based correctional facility and program or district	1769
community-based correctional facility and program developed	1770
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	1771

(F) "Community control sanction" means a sanction that is not	1772
a prison term and that is described in section 2929.15, 2929.16,	1773
2929.17, or 2929.18 of the Revised Code or a sanction that is not	1774
a jail term and that is described in section 2929.26, 2929.27, or	1775
2929.28 of the Revised Code. "Community control sanction"	1776
includes probation if the sentence involved was imposed for a	1777
felony that was committed prior to July 1, 1996, or if the	1778
sentence involved was imposed for a misdemeanor that was committed	1779
prior to January 1, 2004.	1780

(G) "Controlled substance," "marihuana," "schedule I," and	1781
"schedule II" have the same meanings as in section 3719.01 of the	1782
Revised Code.	1783

(H) "Curfew" means a requirement that an offender during a	1784
specified period of time be at a designated place.	1785

(I) "Day reporting" means a sanction pursuant to which an	1786
offender is required each day to report to and leave a center or	1787
other approved reporting location at specified times in order to	1788
participate in work, education or training, treatment, and other	1789
approved programs at the center or outside the center.	1790

(J) "Deadly weapon" has the same meaning as in section	1791
2923.11 of the Revised Code.	1792

(K) "Drug and alcohol use monitoring" means a program under	1793
which an offender agrees to submit to random chemical analysis of	1794
the offender's blood, breath, or urine to determine whether the	1795
offender has ingested any alcohol or other drugs.	1796

(L) "Drug treatment program" means any program under which a	1797
person undergoes assessment and treatment designed to reduce or	1798
completely eliminate the person's physical or emotional reliance	1799
upon alcohol, another drug, or alcohol and another drug and under	1800
which the person may be required to receive assessment and	1801
treatment on an outpatient basis or may be required to reside at a	1802
facility other than the person's home or residence while	1803
undergoing assessment and treatment.	1804

(M) "Economic loss" means any economic detriment suffered by	1805
a victim as a direct and proximate result of the commission of an	1806
offense and includes any loss of income due to lost time at work	1807
because of any injury caused to the victim, and any property loss,	1808
medical cost, or funeral expense incurred as a result of the	1809
commission of the offense. "Economic loss" does not include	1810
non-economic loss or any punitive or exemplary damages.	1811

(N) "Education or training" includes study at, or in	1812
conjunction with a program offered by, a university, college, or	1813
technical college or vocational study and also includes the	1814
completion of primary school, secondary school, and literacy	1815
curricula or their equivalent.	1816

(O) "Firearm" has the same meaning as in section 2923.11 of	1817
the Revised Code.	1818

(P) "Halfway house" means a facility licensed by the division	1819
of parole and community services of the department of	1820
rehabilitation and correction pursuant to section 2967.14 of the	1821
Revised Code as a suitable facility for the care and treatment of	1822
adult offenders.	1823

(Q) "House arrest" means a period of confinement of an	1824
offender that is in the offender's home or in other premises	1825
specified by the sentencing court or by the parole board pursuant	1826
to section 2967.28 of the Revised Code and during which all of the	1827
following apply:	1828

(1) The offender is required to remain in the offender's home	1829
or other specified premises for the specified period of	1830
confinement, except for periods of time during which the offender	1831
is at the offender's place of employment or at other premises as	1832
authorized by the sentencing court or by the parole board.	1833

(2) The offender is required to report periodically to a	1834
person designated by the court or parole board.	1835

(3) The offender is subject to any other restrictions and	1836
requirements that may be imposed by the sentencing court or by the	1837
parole board.	1838

(R) "Intensive probation supervision" means a requirement	1839
that an offender maintain frequent contact with a person appointed	1840
by the court, or by the parole board pursuant to section 2967.28	1841
of the Revised Code, to supervise the offender while the offender	1842
is seeking or maintaining necessary employment and participating	1843
in training, education, and treatment programs as required in the	1844
court's or parole board's order. "Intensive probation supervision"	1845
includes intensive parole supervision and intensive post-release	1846
control supervision.	1847

(S) "Jail" means a jail, workhouse, minimum security jail, or	1848
other residential facility used for the confinement of alleged or	1849
convicted offenders that is operated by a political subdivision or	1850
a combination of political subdivisions of this state.	1851

(T) "Jail term" means the term in a jail that a sentencing	1852
court imposes or is authorized to impose pursuant to section	1853
2929.24 or 2929.25 of the Revised Code or pursuant to any other	1854
provision of the Revised Code that authorizes a term in a jail for	1855
a misdemeanor conviction.	1856

(U) "Mandatory jail term" means the term in a jail that a	1857
sentencing court is required to impose pursuant to division (G) of	1858
section 1547.99 of the Revised Code, division (E) or (G) of	1859
section 2903.06 or division (D) of section 2903.08 of the Revised	1860
Code, division (E) of section 2929.24 of the Revised Code,	1861
division (B) of section 4510.14 of the Revised Code, or division	1862
(G) of section 4511.19 of the Revised Code or pursuant to any	1863
other provision of the Revised Code that requires a term in a	1864
jail for a misdemeanor conviction.	1865

(V) "Delinquent child" has the same meaning as in section	1866
2152.02 of the Revised Code.	1867

(W) "License violation report" means a report that is made by	1868
a sentencing court, or by the parole board pursuant to section	1869
2967.28 of the Revised Code, to the regulatory or licensing board	1870
or agency that issued an offender a professional license or a	1871
license or permit to do business in this state and that specifies	1872
that the offender has been convicted of or pleaded guilty to an	1873
offense that may violate the conditions under which the offender's	1874
professional license or license or permit to do business in this	1875
state was granted or an offense for which the offender's	1876
professional license or license or permit to do business in this	1877
state may be revoked or suspended.	1878

(X) "Major drug offender" means an offender who is convicted	1879
of or pleads guilty to the possession of, sale of, or offer to	1880
sell any drug, compound, mixture, preparation, or substance that	1881
consists of or contains at least one thousand grams of hashish; at	1882
least one hundred grams of crack cocaine; at least one thousand	1883
grams of cocaine that is not crack cocaine; at least two thousand	1884
five hundred unit doses or two hundred fifty grams of heroin; at	1885
least five thousand unit doses of L.S.D. or five hundred grams of	1886
L.S.D. in a liquid concentrate, liquid extract, or liquid	1887
distillate form; or at least one hundred times the amount of any	1888
other schedule I or II controlled substance other than marihuana	1889
that is necessary to commit a felony of the third degree pursuant	1890
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	1891
Code that is based on the possession of, sale of, or offer to sell	1892
the controlled substance.	1893

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

1894

(1) Subject to division (Y)(2) of this section, the term in	1895
prison that must be imposed for the offenses or circumstances set	1896
forth in divisions (F)(1) to (8) or (F)(12) to (14)(18) of section	1897
2929.13 and division (D) of section 2929.14 of the Revised Code.	1898
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	1899
and 2925.11 of the Revised Code, unless the maximum or another	1900
specific term is required under section 2929.14 or 2929.142 of the	1901
Revised Code, a mandatory prison term described in this division	1902
may be any prison term authorized for the level of offense.	1903

(2) The term of sixty or one hundred twenty days in prison	1904
that a sentencing court is required to impose for a third or	1905
fourth degree felony OVI offense pursuant to division (G)(2) of	1906
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	1907
of the Revised Code or the term of one, two, three, four, or five	1908
years in prison that a sentencing court is required to impose	1909
pursuant to division (G)(2) of section 2929.13 of the Revised	1910
Code.	1911

(3) The term in prison imposed pursuant to division (A) of	1912
section 2971.03 of the Revised Code for the offenses and in the	1913
circumstances described in division (F)(11) of section 2929.13 of	1914
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	1915
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	1916
2971.03 of the Revised Code and that term as modified or	1917
terminated pursuant to section 2971.05 of the Revised Code.	1918

(Z) "Monitored time" means a period of time during which an	1919
offender continues to be under the control of the sentencing court	1920
or parole board, subject to no conditions other than leading a	1921
law-abiding life.	1922

(AA) "Offender" means a person who, in this state, is	1923
convicted of or pleads guilty to a felony or a misdemeanor.	1924

(BB) "Prison" means a residential facility used for the	1925
confinement of convicted felony offenders that is under the	1926
control of the department of rehabilitation and correction but	1927
does not include a violation sanction center operated under	1928
authority of section 2967.141 of the Revised Code.	1929

(CC) "Prison term" includes any of the following sanctions	1930
for an offender:	1931

(1) A stated prison term;

1932

(2) A term in a prison shortened by, or with the approval of,	1933
the sentencing court pursuant to section 2929.20, 2967.26,	1934
5120.031, 5120.032, or 5120.073 of the Revised Code;	1935

(3) A term in prison extended by bad time imposed pursuant to	1936
section 2967.11 of the Revised Code or imposed for a violation of	1937
post-release control pursuant to section 2967.28 of the Revised	1938
Code.	1939

(DD) "Repeat violent offender" means a person about whom both	1940
of the following apply:	1941

(1) The person is being sentenced for committing or for	1942
complicity in committing any of the following:	1943

(a) Aggravated murder, murder, any felony of the first or	1944
second degree that is an offense of violence, or an attempt to	1945
commit any of these offenses if the attempt is a felony of the	1946
first or second degree;	1947

(b) An offense under an existing or former law of this state,	1948
another state, or the United States that is or was substantially	1949
equivalent to an offense described in division (DD)(1)(a) of this	1950
section.	1951

(2) The person previously was convicted of or pleaded guilty	1952
to an offense described in division (DD)(1)(a) or (b) of this	1953
section.	1954

(EE) "Sanction" means any penalty imposed upon an offender	1955
who is convicted of or pleads guilty to an offense, as punishment	1956
for the offense. "Sanction" includes any sanction imposed pursuant	1957
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	1958
2929.28 of the Revised Code.	1959

(FF) "Sentence" means the sanction or combination of	1960
sanctions imposed by the sentencing court on an offender who is	1961
convicted of or pleads guilty to an offense.	1962

(GG) "Stated prison term" means the prison term, mandatory	1963
prison term, or combination of all prison terms and mandatory	1964
prison terms imposed by the sentencing court pursuant to section	1965
2929.14, 2929.142, or 2971.03 of the Revised Code or under section	1966
2919.25 of the Revised Code. "Stated prison term" includes any	1967
credit received by the offender for time spent in jail awaiting	1968
trial, sentencing, or transfer to prison for the offense and any	1969
time spent under house arrest or house arrest with electronic	1970
monitoring imposed after earning credits pursuant to section	1971
2967.193 of the Revised Code.	1972

(HH) "Victim-offender mediation" means a reconciliation or	1973
mediation program that involves an offender and the victim of the	1974
offense committed by the offender and that includes a meeting in	1975
which the offender and the victim may discuss the offense, discuss	1976
restitution, and consider other sanctions for the offense.	1977

(II) "Fourth degree felony OVI offense" means a violation of	1978
division (A) of section 4511.19 of the Revised Code that, under	1979
division (G) of that section, is a felony of the fourth degree.	1980

(JJ) "Mandatory term of local incarceration" means the term	1981
of sixty or one hundred twenty days in a jail, a community-based	1982
correctional facility, a halfway house, or an alternative	1983
residential facility that a sentencing court may impose upon a	1984
person who is convicted of or pleads guilty to a fourth degree	1985
felony OVI offense pursuant to division (G)(1) of section 2929.13	1986
of the Revised Code and division (G)(1)(d) or (e) of section	1987
4511.19 of the Revised Code.	1988

(KK) "Designated homicide, assault, or kidnapping offense,"	1989
"violent sex offense," "sexual motivation specification,"	1990
"sexually violent offense," "sexually violent predator," and	1991
"sexually violent predator specification" have the same meanings	1992
as in section 2971.01 of the Revised Code.	1993

(LL) "Sexually oriented offense," "child-victim oriented	1994
offense," and "tier III sex offender/child-victim offender," have	1995
the same meanings as in section 2950.01 of the Revised Code.	1996

(MM) An offense is "committed in the vicinity of a child" if	1997
the offender commits the offense within thirty feet of or within	1998
the same residential unit as a child who is under eighteen years	1999
of age, regardless of whether the offender knows the age of the	2000
child or whether the offender knows the offense is being committed	2001
within thirty feet of or within the same residential unit as the	2002
child and regardless of whether the child actually views the	2003
commission of the offense.	2004

(NN) "Family or household member" has the same meaning as in	2005
section 2919.25 of the Revised Code.	2006

(OO) "Motor vehicle" and "manufactured home" have the same	2007
meanings as in section 4501.01 of the Revised Code.	2008

(PP) "Detention" and "detention facility" have the same	2009
meanings as in section 2921.01 of the Revised Code.	2010

(QQ) "Third degree felony OVI offense" means a violation of	2011
division (A) of section 4511.19 of the Revised Code that, under	2012
division (G) of that section, is a felony of the third degree.	2013

(RR) "Random drug testing" has the same meaning as in section	2014
5120.63 of the Revised Code.	2015

(SS) "Felony sex offense" has the same meaning as in section	2016
2967.28 of the Revised Code.	2017

(TT) "Body armor" has the same meaning as in section	2018
2941.1411 of the Revised Code.	2019

(UU) "Electronic monitoring" means monitoring through the use	2020
of an electronic monitoring device.	2021

(VV) "Electronic monitoring device" means any of the	2022
following:	2023

(1) Any device that can be operated by electrical or battery	2024
power and that conforms with all of the following:	2025

(a) The device has a transmitter that can be attached to a	2026
person, that will transmit a specified signal to a receiver of the	2027
type described in division (VV)(1)(b) of this section if the	2028
transmitter is removed from the person, turned off, or altered in	2029
any manner without prior court approval in relation to electronic	2030
monitoring or without prior approval of the department of	2031
rehabilitation and correction in relation to the use of an	2032
electronic monitoring device for an inmate on transitional control	2033
or otherwise is tampered with, that can transmit continuously and	2034
periodically a signal to that receiver when the person is within a	2035
specified distance from the receiver, and that can transmit an	2036
appropriate signal to that receiver if the person to whom it is	2037
attached travels a specified distance from that receiver.	2038

(b) The device has a receiver that can receive continuously	2039
the signals transmitted by a transmitter of the type described in	2040
division (VV)(1)(a) of this section, can transmit continuously	2041
those signals by telephone to a central monitoring computer of the	2042
type described in division (VV)(1)(c) of this section, and can	2043
transmit continuously an appropriate signal to that central	2044
monitoring computer if the receiver is turned off or altered	2045
without prior court approval or otherwise tampered with.	2046

(c) The device has a central monitoring computer that can	2047
receive continuously the signals transmitted by telephone by a	2048
receiver of the type described in division (VV)(1)(b) of this	2049
section and can monitor continuously the person to whom an	2050
electronic monitoring device of the type described in division	2051
(VV)(1)(a) of this section is attached.	2052

(2) Any device that is not a device of the type described in	2053
division (VV)(1) of this section and that conforms with all of the	2054
following:	2055

(a) The device includes a transmitter and receiver that can	2056
monitor and determine the location of a subject person at any	2057
time, or at a designated point in time, through the use of a	2058
central monitoring computer or through other electronic means.	2059

(b) The device includes a transmitter and receiver that can	2060
determine at any time, or at a designated point in time, through	2061
the use of a central monitoring computer or other electronic means	2062
the fact that the transmitter is turned off or altered in any	2063
manner without prior approval of the court in relation to the	2064
electronic monitoring or without prior approval of the department	2065
of rehabilitation and correction in relation to the use of an	2066
electronic monitoring device for an inmate on transitional control	2067
or otherwise is tampered with.	2068

(3) Any type of technology that can adequately track or	2069
determine the location of a subject person at any time and that is	2070
approved by the director of rehabilitation and correction,	2071
including, but not limited to, any satellite technology, voice	2072
tracking system, or retinal scanning system that is so approved.	2073

(WW) "Non-economic loss" means nonpecuniary harm suffered by	2074
a victim of an offense as a result of or related to the commission	2075
of the offense, including, but not limited to, pain and suffering;	2076
loss of society, consortium, companionship, care, assistance,	2077
attention, protection, advice, guidance, counsel, instruction,	2078
training, or education; mental anguish; and any other intangible	2079
loss.	2080

(XX) "Prosecutor" has the same meaning as in section 2935.01	2081
of the Revised Code.	2082

(YY) "Continuous alcohol monitoring" means the ability to	2083
automatically test and periodically transmit alcohol consumption	2084
levels and tamper attempts at least every hour, regardless of the	2085
location of the person who is being monitored.	2086

(ZZ) A person is "adjudicated a sexually violent predator" if	2087
the person is convicted of or pleads guilty to a violent sex	2088
offense and also is convicted of or pleads guilty to a sexually	2089
violent predator specification that was included in the	2090
indictment, count in the indictment, or information charging that	2091
violent sex offense or if the person is convicted of or pleads	2092
guilty to a designated homicide, assault, or kidnapping offense	2093
and also is convicted of or pleads guilty to both a sexual	2094
motivation specification and a sexually violent predator	2095
specification that were included in the indictment, count in the	2096
indictment, or information charging that designated homicide,	2097
assault, or kidnapping offense.	2098

(AAA) An offense is "committed in proximity to a school" if	2099
the offender commits the offense in a school safety zone or within	2100
five hundred feet of any school building or the boundaries of any	2101
school premises, regardless of whether the offender knows the	2102
offense is being committed in a school safety zone or within five	2103
hundred feet of any school building or the boundaries of any	2104
school premises.	2105

(BBB) "Human trafficking" means a scheme or plan to which all	2106
of the following apply:	2107

(1) Its object is to compel a victim or victims to engage in	2108
sexual activity for hire, to engage in a performance that is	2109
obscene, sexually oriented, or nudity oriented, or to be a model	2110
or participant in the production of material that is obscene,	2111
sexually oriented, or nudity oriented.	2112

(2) It involves at least two felony offenses, whether or not	2113
there has been a prior conviction for any of the felony offenses,	2114
to which all of the following apply:	2115

(a) Each of the felony offenses is a violation of section	2116
2905.01, 2905.02, 2907.21, 2907.22, or 2923.32, division (A)(1) or	2117
(2) of section 2907.323, or division (B)(1), (2), (3), (4), or (5)	2118
of section 2919.22 of the Revised Code or is a violation of a law	2119
of any state other than this state that is substantially similar	2120
to any of the sections or divisions of the Revised Code identified	2121
in this division.	2122

(b) At least one of the felony offenses was committed in this	2123
state.	2124

(c) The felony offenses are related to the same scheme or	2125
plan, are not isolated instances, and are not so closely related	2126
to each other and connected in time and place that they constitute	2127
a single event or transaction.	2128

(CCC) "Material," "nudity," "obscene," "performance," and	2129
"sexual activity" have the same meanings as in section 2907.01 of	2130
the Revised Code.	2131

(DDD) "Material that is obscene, sexually oriented, or nudity	2132
oriented" means any material that is obscene, that shows a person	2133
participating or engaging in sexual activity, masturbation, or	2134
bestiality, or that shows a person in a state of nudity.	2135

(EEE) "Performance that is obscene, sexually oriented, or	2136
nudity oriented" means any performance that is obscene, that shows	2137
a person participating or engaging in sexual activity,	2138
masturbation, or bestiality, or that shows a person in a state of	2139
nudity.	2140

Sec. 2929.13.  (A) Except as provided in division (E), (F),	2141
or (G) of this section and unless a specific sanction is required	2142
to be imposed or is precluded from being imposed pursuant to law,	2143
a court that imposes a sentence upon an offender for a felony may	2144
impose any sanction or combination of sanctions on the offender	2145
that are provided in sections 2929.14 to 2929.18 of the Revised	2146
Code. The sentence shall not impose an unnecessary burden on state	2147
or local government resources.	2148

If the offender is eligible to be sentenced to community	2149
control sanctions, the court shall consider the appropriateness of	2150
imposing a financial sanction pursuant to section 2929.18 of the	2151
Revised Code or a sanction of community service pursuant to	2152
section 2929.17 of the Revised Code as the sole sanction for the	2153
offense. Except as otherwise provided in this division, if the	2154
court is required to impose a mandatory prison term for the	2155
offense for which sentence is being imposed, the court also may	2156
shall impose aany financial sanction pursuant to section 2929.18	2157
of the Revised Code that is required for the offense and may	2158
impose any other financial sanction pursuant to that section but	2159
may not impose any additional sanction or combination of sanctions	2160
under section 2929.16 or 2929.17 of the Revised Code.	2161

If the offender is being sentenced for a fourth degree felony	2162
OVI offense or for a third degree felony OVI offense, in addition	2163
to the mandatory term of local incarceration or the mandatory	2164
prison term required for the offense by division (G)(1) or (2) of	2165
this section, the court shall impose upon the offender a mandatory	2166
fine in accordance with division (B)(3) of section 2929.18 of the	2167
Revised Code and may impose whichever of the following is	2168
applicable:	2169

(1) For a fourth degree felony OVI offense for which sentence	2170
is imposed under division (G)(1) of this section, an additional	2171
community control sanction or combination of community control	2172
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	2173
the court imposes upon the offender a community control sanction	2174
and the offender violates any condition of the community control	2175
sanction, the court may take any action prescribed in division (B)	2176
of section 2929.15 of the Revised Code relative to the offender,	2177
including imposing a prison term on the offender pursuant to that	2178
division.	2179

(2) For a third or fourth degree felony OVI offense for which	2180
sentence is imposed under division (G)(2) of this section, an	2181
additional prison term as described in division (D)(4) of section	2182
2929.14 of the Revised Code or a community control sanction as	2183
described in division (G)(2) of this section.	2184

(B)(1) Except as provided in division (B)(2), (E), (F), or	2185
(G) of this section, in sentencing an offender for a felony of the	2186
fourth or fifth degree, the sentencing court shall determine	2187
whether any of the following apply:	2188

(a) In committing the offense, the offender caused physical	2189
harm to a person.	2190

(b) In committing the offense, the offender attempted to	2191
cause or made an actual threat of physical harm to a person with a	2192
deadly weapon.	2193

(c) In committing the offense, the offender attempted to	2194
cause or made an actual threat of physical harm to a person, and	2195
the offender previously was convicted of an offense that caused	2196
physical harm to a person.	2197

(d) The offender held a public office or position of trust	2198
and the offense related to that office or position; the offender's	2199
position obliged the offender to prevent the offense or to bring	2200
those committing it to justice; or the offender's professional	2201
reputation or position facilitated the offense or was likely to	2202
influence the future conduct of others.	2203

(e) The offender committed the offense for hire or as part of	2204
an organized criminal activity.	2205

(f) The offense is a sex offense that is a fourth or fifth	2206
degree felony violation of section 2907.03, 2907.04, 2907.05,	2207
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	2208
Revised Code.	2209

(g) The offender at the time of the offense was serving, or	2210
the offender previously had served, a prison term.	2211

(h) The offender committed the offense while under a	2212
community control sanction, while on probation, or while released	2213
from custody on a bond or personal recognizance.	2214

(i) The offender committed the offense while in possession of	2215
a firearm.	2216

(2)(a) If the court makes a finding described in division	2217
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	2218
section and if the court, after considering the factors set forth	2219
in section 2929.12 of the Revised Code, finds that a prison term	2220
is consistent with the purposes and principles of sentencing set	2221
forth in section 2929.11 of the Revised Code and finds that the	2222
offender is not amenable to an available community control	2223
sanction, the court shall impose a prison term upon the offender.	2224

(b) Except as provided in division (E), (F), or (G) of this	2225
section, if the court does not make a finding described in	2226
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	2227
this section and if the court, after considering the factors set	2228
forth in section 2929.12 of the Revised Code, finds that a	2229
community control sanction or combination of community control	2230
sanctions is consistent with the purposes and principles of	2231
sentencing set forth in section 2929.11 of the Revised Code, the	2232
court shall impose a community control sanction or combination of	2233
community control sanctions upon the offender.	2234

(C) Except as provided in division (D), (E), (F), or (G) of	2235
this section, in determining whether to impose a prison term as a	2236
sanction for a felony of the third degree or a felony drug offense	2237
that is a violation of a provision of Chapter 2925. of the Revised	2238
Code and that is specified as being subject to this division for	2239
purposes of sentencing, the sentencing court shall comply with the	2240
purposes and principles of sentencing under section 2929.11 of the	2241
Revised Code and with section 2929.12 of the Revised Code.	2242

(D)(1) Except as provided in division (E) or (F) of this	2243
section, for a felony of the first or second degree, for a felony	2244
drug offense that is a violation of any provision of Chapter	2245
2925., 3719., or 4729. of the Revised Code for which a presumption	2246
in favor of a prison term is specified as being applicable, and	2247
for a violation of division (A)(4) or (B) of section 2907.05 of	2248
the Revised Code for which a presumption in favor of a prison term	2249
is specified as being applicable, it is presumed that a prison	2250
term is necessary in order to comply with the purposes and	2251
principles of sentencing under section 2929.11 of the Revised	2252
Code. Division (D)(2) of this section does not apply to a	2253
presumption established under this division for a violation of	2254
division (A)(4) of section 2907.05 of the Revised Code.	2255

(2) Notwithstanding the presumption established under	2256
division (D)(1) of this section for the offenses listed in that	2257
division other than a violation of division (A)(4) or (B) of	2258
section 2907.05 of the Revised Code, the sentencing court may	2259
impose a community control sanction or a combination of community	2260
control sanctions instead of a prison term on an offender for a	2261
felony of the first or second degree or for a felony drug offense	2262
that is a violation of any provision of Chapter 2925., 3719., or	2263
4729. of the Revised Code for which a presumption in favor of a	2264
prison term is specified as being applicable if it makes both of	2265
the following findings:	2266

(a) A community control sanction or a combination of	2267
community control sanctions would adequately punish the offender	2268
and protect the public from future crime, because the applicable	2269
factors under section 2929.12 of the Revised Code indicating a	2270
lesser likelihood of recidivism outweigh the applicable factors	2271
under that section indicating a greater likelihood of recidivism.	2272

(b) A community control sanction or a combination of	2273
community control sanctions would not demean the seriousness of	2274
the offense, because one or more factors under section 2929.12 of	2275
the Revised Code that indicate that the offender's conduct was	2276
less serious than conduct normally constituting the offense are	2277
applicable, and they outweigh the applicable factors under that	2278
section that indicate that the offender's conduct was more serious	2279
than conduct normally constituting the offense.	2280

(E)(1) Except as provided in division (F) of this section,	2281
for any drug offense that is a violation of any provision of	2282
Chapter 2925. of the Revised Code and that is a felony of the	2283
third, fourth, or fifth degree, the applicability of a presumption	2284
under division (D) of this section in favor of a prison term or of	2285
division (B) or (C) of this section in determining whether to	2286
impose a prison term for the offense shall be determined as	2287
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	2288
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	2289
Revised Code, whichever is applicable regarding the violation.	2290

(2) If an offender who was convicted of or pleaded guilty to	2291
a felony violates the conditions of a community control sanction	2292
imposed for the offense solely by reason of producing positive	2293
results on a drug test, the court, as punishment for the violation	2294
of the sanction, shall not order that the offender be imprisoned	2295
unless the court determines on the record either of the following:	2296

(a) The offender had been ordered as a sanction for the	2297
felony to participate in a drug treatment program, in a drug	2298
education program, or in narcotics anonymous or a similar program,	2299
and the offender continued to use illegal drugs after a reasonable	2300
period of participation in the program.	2301

(b) The imprisonment of the offender for the violation is	2302
consistent with the purposes and principles of sentencing set	2303
forth in section 2929.11 of the Revised Code.	2304

(F) Notwithstanding divisions (A) to (E) of this section, the	2305
court shall impose a prison term or terms under sections 2929.02	2306
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	2307
of the Revised Code and except as specifically provided in section	2308
2929.20 or 2967.191 of the Revised Code or when parole is	2309
authorized for the offense under section 2967.13 of the Revised	2310
Code shall not reduce the term or terms pursuant to section	2311
2929.20, section 2967.193, or any other provision of Chapter 2967.	2312
or Chapter 5120. of the Revised Code for any of the following	2313
offenses:	2314

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

2315

(2) Any rape, regardless of whether force was involved and	2316
regardless of the age of the victim, or an attempt to commit rape	2317
if, had the offender completed the rape that was attempted, the	2318
offender would have been guilty of a violation of division	2319
(A)(1)(b) of section 2907.02 of the Revised Code and would be	2320
sentenced under section 2971.03 of the Revised Code;	2321

(3) Gross sexual imposition or sexual battery, if the victim	2322
is less than thirteen years of age and if any of the following	2323
applies:	2324

(a) Regarding gross sexual imposition, the offender	2325
previously was convicted of or pleaded guilty to rape, the former	2326
offense of felonious sexual penetration, gross sexual imposition,	2327
or sexual battery, and the victim of the previous offense was	2328
less than thirteen years of age;	2329

(b) Regarding gross sexual imposition, the offense was	2330
committed on or after August 3, 2006, and evidence other than the	2331
testimony of the victim was admitted in the case corroborating the	2332
violation.	2333

(c) Regarding sexual battery, either of the following	2334
applies:	2335

(i) The offense was committed prior to August 3, 2006, the	2336
offender previously was convicted of or pleaded guilty to rape,	2337
the former offense of felonious sexual penetration, or sexual	2338
battery, and the victim of the previous offense was less than	2339
thirteen years of age.	2340

(ii) The offense was committed on or after August 3, 2006.

2341

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	2342
2903.11, 2903.12, 2903.13, or 2907.07 of the Revised Code if the	2343
section requires the imposition of a prison term;	2344

(5) A first, second, or third degree felony drug offense for	2345
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	2346
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	2347
4729.99 of the Revised Code, whichever is applicable regarding the	2348
violation, requires the imposition of a mandatory prison term;	2349

(6) Any offense that is a first or second degree felony and	2350
that is not set forth in division (F)(1), (2), (3), or (4) of this	2351
section, if the offender previously was convicted of or pleaded	2352
guilty to aggravated murder, murder, any first or second degree	2353
felony, or an offense under an existing or former law of this	2354
state, another state, or the United States that is or was	2355
substantially equivalent to one of those offenses;	2356

(7) Any offense that is a third degree felony and either is	2357
a violation of section 2903.04 of the Revised Code or an attempt	2358
to commit a felony of the second degree that is an offense of	2359
violence and involved an attempt to cause serious physical harm to	2360
a person or that resulted in serious physical harm to a person if	2361
the offender previously was convicted of or pleaded guilty to any	2362
of the following offenses:	2363

(a) Aggravated murder, murder, involuntary manslaughter,	2364
rape, felonious sexual penetration as it existed under section	2365
2907.12 of the Revised Code prior to September 3, 1996, a felony	2366
of the first or second degree that resulted in the death of a	2367
person or in physical harm to a person, or complicity in or an	2368
attempt to commit any of those offenses;	2369

(b) An offense under an existing or former law of this state,	2370
another state, or the United States that is or was substantially	2371
equivalent to an offense listed in division (F)(7)(a) of this	2372
section that resulted in the death of a person or in physical harm	2373
to a person.	2374

(8) Any offense, other than a violation of section 2923.12 of	2375
the Revised Code, that is a felony, if the offender had a firearm	2376
on or about the offender's person or under the offender's control	2377
while committing the felony, with respect to a portion of the	2378
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	2379
of the Revised Code for having the firearm;	2380

(9) Any offense of violence that is a felony, if the offender	2381
wore or carried body armor while committing the felony offense of	2382
violence, with respect to the portion of the sentence imposed	2383
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	2384
Code for wearing or carrying the body armor;	2385

(10) Corrupt activity in violation of section 2923.32 of the	2386
Revised Code when the most serious offense in the pattern of	2387
corrupt activity that is the basis of the offense is a felony of	2388
the first degree;	2389

(11) Any violent sex offense or designated homicide, assault,	2390
or kidnapping offense if, in relation to that offense, the	2391
offender is adjudicated a sexually violent predator;	2392

(12) A violation of division (A)(1) or (2) of section 2921.36	2393
of the Revised Code, or a violation of division (C) of that	2394
section involving an item listed in division (A)(1) or (2) of that	2395
section, if the offender is an officer or employee of the	2396
department of rehabilitation and correction;	2397

(13) A violation of division (A)(1) or (2) of section 2903.06	2398
of the Revised Code if the victim of the offense is a peace	2399
officer, as defined in section 2935.01 of the Revised Code, or an	2400
investigator of the bureau of criminal identification and	2401
investigation, as defined in section 2903.11 of the Revised Code,	2402
with respect to the portion of the sentence imposed pursuant to	2403
division (D)(5) of section 2929.14 of the Revised Code;	2404

(14) A violation of division (A)(1) or (2) of section 2903.06	2405
of the Revised Code if the offender has been convicted of or	2406
pleaded guilty to three or more violations of division (A) or (B)	2407
of section 4511.19 of the Revised Code or an equivalent offense,	2408
as defined in section 2941.1415 of the Revised Code, or three or	2409
more violations of any combination of those divisions and	2410
offenses, with respect to the portion of the sentence imposed	2411
pursuant to division (D)(6) of section 2929.14 of the Revised	2412
Code;	2413

(15) Kidnapping, in the circumstances specified in section	2414
2971.03 of the Revised Code and when no other provision of	2415
division (F) of this section applies;	2416

(16) Kidnapping, abduction, compelling prostitution,	2417
promoting prostitution, engaging in a pattern of corrupt activity,	2418
illegal use of a minor in a nudity-oriented material or	2419
performance in violation of division (A)(1) or (2) of section	2420
2907.323 of the Revised Code, or endangering children in violation	2421
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	2422
the Revised Code, if the offender is convicted of or pleads	2423
guilty to a specification as described in section 2941.1422 of	2424
the Revised Code that was included in the indictment, count in	2425
the indictment, or information charging the offense;	2426

(17) A felony violation of division (A) or (B) of section	2427
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	2428
that section, and division (A)(6) of that section, require the	2429
imposition of a prison term;	2430

(18) A felony violation of section 2903.11, 2903.12, or	2431
2903.13 of the Revised Code, if the victim of the offense was a	2432
woman that the offender knew was pregnant at the time of the	2433
violation, with respect to a portion of the sentence imposed	2434
pursuant to division (D)(8) of section 2929.14 of the Revised	2435
Code.	2436

(G) Notwithstanding divisions (A) to (E) of this section, if	2437
an offender is being sentenced for a fourth degree felony OVI	2438
offense or for a third degree felony OVI offense, the court shall	2439
impose upon the offender a mandatory term of local incarceration	2440
or a mandatory prison term in accordance with the following:	2441

(1) If the offender is being sentenced for a fourth degree	2442
felony OVI offense and if the offender has not been convicted of	2443
and has not pleaded guilty to a specification of the type	2444
described in section 2941.1413 of the Revised Code, the court may	2445
impose upon the offender a mandatory term of local incarceration	2446
of sixty days or one hundred twenty days as specified in division	2447
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	2448
not reduce the term pursuant to section 2929.20, 2967.193, or any	2449
other provision of the Revised Code. The court that imposes a	2450
mandatory term of local incarceration under this division shall	2451
specify whether the term is to be served in a jail, a	2452
community-based correctional facility, a halfway house, or an	2453
alternative residential facility, and the offender shall serve the	2454
term in the type of facility specified by the court. A mandatory	2455
term of local incarceration imposed under division (G)(1) of this	2456
section is not subject to extension under section 2967.11 of the	2457
Revised Code, to a period of post-release control under section	2458
2967.28 of the Revised Code, or to any other Revised Code	2459
provision that pertains to a prison term except as provided in	2460
division (A)(1) of this section.	2461

(2) If the offender is being sentenced for a third degree	2462
felony OVI offense, or if the offender is being sentenced for a	2463
fourth degree felony OVI offense and the court does not impose a	2464
mandatory term of local incarceration under division (G)(1) of	2465
this section, the court shall impose upon the offender a mandatory	2466
prison term of one, two, three, four, or five years if the	2467
offender also is convicted of or also pleads guilty to a	2468
specification of the type described in section 2941.1413 of the	2469
Revised Code or shall impose upon the offender a mandatory prison	2470
term of sixty days or one hundred twenty days as specified in	2471
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	2472
if the offender has not been convicted of and has not pleaded	2473
guilty to a specification of that type. The court shall not reduce	2474
the term pursuant to section 2929.20, 2967.193, or any other	2475
provision of the Revised Code. The offender shall serve the one-,	2476
two-, three-, four-, or five-year mandatory prison term	2477
consecutively to and prior to the prison term imposed for the	2478
underlying offense and consecutively to any other mandatory prison	2479
term imposed in relation to the offense. In no case shall an	2480
offender who once has been sentenced to a mandatory term of local	2481
incarceration pursuant to division (G)(1) of this section for a	2482
fourth degree felony OVI offense be sentenced to another mandatory	2483
term of local incarceration under that division for any violation	2484
of division (A) of section 4511.19 of the Revised Code. In	2485
addition to the mandatory prison term described in division (G)(2)	2486
of this section, the court may sentence the offender to a	2487
community control sanction under section 2929.16 or 2929.17 of the	2488
Revised Code, but the offender shall serve the prison term prior	2489
to serving the community control sanction. The department of	2490
rehabilitation and correction may place an offender sentenced to a	2491
mandatory prison term under this division in an intensive program	2492
prison established pursuant to section 5120.033 of the Revised	2493
Code if the department gave the sentencing judge prior notice of	2494
its intent to place the offender in an intensive program prison	2495
established under that section and if the judge did not notify the	2496
department that the judge disapproved the placement. Upon the	2497
establishment of the initial intensive program prison pursuant to	2498
section 5120.033 of the Revised Code that is privately operated	2499
and managed by a contractor pursuant to a contract entered into	2500
under section 9.06 of the Revised Code, both of the following	2501
apply:	2502

(a) The department of rehabilitation and correction shall	2503
make a reasonable effort to ensure that a sufficient number of	2504
offenders sentenced to a mandatory prison term under this division	2505
are placed in the privately operated and managed prison so that	2506
the privately operated and managed prison has full occupancy.	2507

(b) Unless the privately operated and managed prison has full	2508
occupancy, the department of rehabilitation and correction shall	2509
not place any offender sentenced to a mandatory prison term under	2510
this division in any intensive program prison established pursuant	2511
to section 5120.033 of the Revised Code other than the privately	2512
operated and managed prison.	2513

(H) If an offender is being sentenced for a sexually oriented	2514
offense or child-victim oriented offense that is a felony	2515
committed on or after January 1, 1997, the judge shall require the	2516
offender to submit to a DNA specimen collection procedure pursuant	2517
to section 2901.07 of the Revised Code.	2518

(I) If an offender is being sentenced for a sexually oriented	2519
offense or a child-victim oriented offense committed on or after	2520
January 1, 1997, the judge shall include in the sentence a	2521
summary of the offender's duties imposed under sections 2950.04,	2522
2950.041, 2950.05, and 2950.06 of the Revised Code and the	2523
duration of the duties. The judge shall inform the offender, at	2524
the time of sentencing, of those duties and of their duration. If	2525
required under division (A)(2) of section 2950.03 of the Revised	2526
Code, the judge shall perform the duties specified in that	2527
section, or, if required under division (A)(6) of section 2950.03	2528
of the Revised Code, the judge shall perform the duties specified	2529
in that division.	2530

(J)(1) Except as provided in division (J)(2) of this section,	2531
when considering sentencing factors under this section in relation	2532
to an offender who is convicted of or pleads guilty to an attempt	2533
to commit an offense in violation of section 2923.02 of the	2534
Revised Code, the sentencing court shall consider the factors	2535
applicable to the felony category of the violation of section	2536
2923.02 of the Revised Code instead of the factors applicable to	2537
the felony category of the offense attempted.	2538

(2) When considering sentencing factors under this section in	2539
relation to an offender who is convicted of or pleads guilty to an	2540
attempt to commit a drug abuse offense for which the penalty is	2541
determined by the amount or number of unit doses of the controlled	2542
substance involved in the drug abuse offense, the sentencing court	2543
shall consider the factors applicable to the felony category that	2544
the drug abuse offense attempted would be if that drug abuse	2545
offense had been committed and had involved an amount or number of	2546
unit doses of the controlled substance that is within the next	2547
lower range of controlled substance amounts than was involved in	2548
the attempt.	2549

(K) As used in this section, "drug abuse offense" has the	2550
same meaning as in section 2925.01 of the Revised Code.	2551

(L) At the time of sentencing an offender for any sexually	2552
oriented offense, if the offender is a tier III sex	2553
offender/child-victim offender relative to that offense and the	2554
offender does not serve a prison term or jail term, the court may	2555
require that the offender be monitored by means of a global	2556
positioning device. If the court requires such monitoring, the	2557
cost of monitoring shall be borne by the offender. If the	2558
offender is indigent, the cost of compliance shall be paid by the	2559
crime victims reparations fund.	2560

Sec. 2929.14.  (A) Except as provided in division (C),	2561
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (D)(7), (D)(8),	2562
(G), (I), (J), or (L) of this section or in division (D)(6) of	2563
section 2919.25 of the Revised Code and except in relation to an	2564
offense for which a sentence of death or life imprisonment is	2565
to be imposed, if the court imposing a sentence upon an	2566
offender for a felony elects or is required to impose a prison	2567
term on the offender pursuant to this chapter, the court shall	2568
impose a definite prison term that shall be one of the	2569
following:	2570

(1) For a felony of the first degree, the prison term shall	2571
be three, four, five, six, seven, eight, nine, or ten years.	2572

(2) For a felony of the second degree, the prison term shall	2573
be two, three, four, five, six, seven, or eight years.	2574

(3) For a felony of the third degree, the prison term shall	2575
be one, two, three, four, or five years.	2576

(4) For a felony of the fourth degree, the prison term shall	2577
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	2578
fourteen, fifteen, sixteen, seventeen, or eighteen months.	2579

(5) For a felony of the fifth degree, the prison term shall	2580
be six, seven, eight, nine, ten, eleven, or twelve months.	2581

(B) Except as provided in division (C), (D)(1), (D)(2),	2582
(D)(3), (D)(5), (D)(6), (D)(7), (D)(8), (G), (I), (J), or (L) of	2583
this section, in section 2907.02 or, 2907.05, or 2919.25 of the	2584
Revised Code, or in Chapter 2925. of the Revised Code, if the	2585
court imposing a sentence upon an offender for a felony elects	2586
or is required to impose a prison term on the offender, the	2587
court shall impose the shortest prison term authorized for the	2588
offense pursuant to division (A) of this section, unless one or	2589
more of the following applies:	2590

(1) The offender was serving a prison term at the time of the	2591
offense, or the offender previously had served a prison term.	2592

(2) The court finds on the record that the shortest prison	2593
term will demean the seriousness of the offender's conduct or will	2594
not adequately protect the public from future crime by the	2595
offender or others.	2596

(C) Except as provided in division (D)(7), (D)(8), (G), or	2597
(L) of this section, in section 2919.25 of the Revised Code, or	2598
in Chapter 2925. of the Revised Code, the court imposing a	2599
sentence upon an offender for a felony may impose the longest	2600
prison term authorized for the offense pursuant to division (A)	2601
of this section only upon offenders who committed the worst forms	2602
of the offense, upon offenders who pose the greatest likelihood	2603
of committing future crimes, upon certain major drug offenders	2604
under division (D)(3) of this section, and upon certain repeat	2605
violent offenders in accordance with division (D)(2) of this	2606
section.	2607

(D)(1)(a) Except as provided in division (D)(1)(e) of this	2608
section, if an offender who is convicted of or pleads guilty to a	2609
felony also is convicted of or pleads guilty to a specification of	2610
the type described in section 2941.141, 2941.144, or 2941.145 of	2611
the Revised Code, the court shall impose on the offender one of	2612
the following prison terms:	2613

(i) A prison term of six years if the specification is of the	2614
type described in section 2941.144 of the Revised Code that	2615
charges the offender with having a firearm that is an automatic	2616
firearm or that was equipped with a firearm muffler or silencer on	2617
or about the offender's person or under the offender's control	2618
while committing the felony;	2619

(ii) A prison term of three years if the specification is of	2620
the type described in section 2941.145 of the Revised Code that	2621
charges the offender with having a firearm on or about the	2622
offender's person or under the offender's control while committing	2623
the offense and displaying the firearm, brandishing the firearm,	2624
indicating that the offender possessed the firearm, or using it to	2625
facilitate the offense;	2626

(iii) A prison term of one year if the specification is of	2627
the type described in section 2941.141 of the Revised Code that	2628
charges the offender with having a firearm on or about the	2629
offender's person or under the offender's control while committing	2630
the felony.	2631

(b) If a court imposes a prison term on an offender under	2632
division (D)(1)(a) of this section, the prison term shall not be	2633
reduced pursuant to section 2929.20, section 2967.193, or any	2634
other provision of Chapter 2967. or Chapter 5120. of the Revised	2635
Code. Except as provided in division (D)(1)(g) of this section, a	2636
court shall not impose more than one prison term on an offender	2637
under division (D)(1)(a) of this section for felonies committed as	2638
part of the same act or transaction.	2639

(c) Except as provided in division (D)(1)(e) of this section,	2640
if an offender who is convicted of or pleads guilty to a violation	2641
of section 2923.161 of the Revised Code or to a felony that	2642
includes, as an essential element, purposely or knowingly causing	2643
or attempting to cause the death of or physical harm to another,	2644
also is convicted of or pleads guilty to a specification of the	2645
type described in section 2941.146 of the Revised Code that	2646
charges the offender with committing the offense by discharging a	2647
firearm from a motor vehicle other than a manufactured home, the	2648
court, after imposing a prison term on the offender for the	2649
violation of section 2923.161 of the Revised Code or for the other	2650
felony offense under division (A), (D)(2), or (D)(3) of this	2651
section, shall impose an additional prison term of five years upon	2652
the offender that shall not be reduced pursuant to section	2653
2929.20, section 2967.193, or any other provision of Chapter 2967.	2654
or Chapter 5120. of the Revised Code. A court shall not impose	2655
more than one additional prison term on an offender under division	2656
(D)(1)(c) of this section for felonies committed as part of the	2657
same act or transaction. If a court imposes an additional prison	2658
term on an offender under division (D)(1)(c) of this section	2659
relative to an offense, the court also shall impose a prison term	2660
under division (D)(1)(a) of this section relative to the same	2661
offense, provided the criteria specified in that division for	2662
imposing an additional prison term are satisfied relative to the	2663
offender and the offense.	2664

(d) If an offender who is convicted of or pleads guilty to	2665
an offense of violence that is a felony also is convicted of or	2666
pleads guilty to a specification of the type described in section	2667
2941.1411 of the Revised Code that charges the offender with	2668
wearing or carrying body armor while committing the felony offense	2669
of violence, the court shall impose on the offender a prison term	2670
of two years. The prison term so imposed shall not be reduced	2671
pursuant to section 2929.20, section 2967.193, or any other	2672
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	2673
court shall not impose more than one prison term on an offender	2674
under division (D)(1)(d) of this section for felonies committed as	2675
part of the same act or transaction. If a court imposes an	2676
additional prison term under division (D)(1)(a) or (c) of this	2677
section, the court is not precluded from imposing an additional	2678
prison term under division (D)(1)(d) of this section.	2679

(e) The court shall not impose any of the prison terms	2680
described in division (D)(1)(a) of this section or any of the	2681
additional prison terms described in division (D)(1)(c) of this	2682
section upon an offender for a violation of section 2923.12 or	2683
2923.123 of the Revised Code. The court shall not impose any of	2684
the prison terms described in division (D)(1)(a) or (b) of this	2685
section upon an offender for a violation of section 2923.122 that	2686
involves a deadly weapon that is a firearm other than a dangerous	2687
ordnance, section 2923.16, or section 2923.121 of the Revised	2688
Code. The court shall not impose any of the prison terms described	2689
in division (D)(1)(a) of this section or any of the additional	2690
prison terms described in division (D)(1)(c) of this section upon	2691
an offender for a violation of section 2923.13 of the Revised Code	2692
unless all of the following apply:	2693

(i) The offender previously has been convicted of aggravated	2694
murder, murder, or any felony of the first or second degree.	2695

(ii) Less than five years have passed since the offender was	2696
released from prison or post-release control, whichever is later,	2697
for the prior offense.	2698

(f) If an offender is convicted of or pleads guilty to a	2699
felony that includes, as an essential element, causing or	2700
attempting to cause the death of or physical harm to another and	2701
also is convicted of or pleads guilty to a specification of the	2702
type described in section 2941.1412 of the Revised Code that	2703
charges the offender with committing the offense by discharging a	2704
firearm at a peace officer as defined in section 2935.01 of the	2705
Revised Code or a corrections officer, as defined in section	2706
2941.1412 of the Revised Code, the court, after imposing a prison	2707
term on the offender for the felony offense under division (A),	2708
(D)(2), or (D)(3) of this section, shall impose an additional	2709
prison term of seven years upon the offender that shall not be	2710
reduced pursuant to section 2929.20, section 2967.193, or any	2711
other provision of Chapter 2967. or Chapter 5120. of the Revised	2712
Code. If an offender is convicted of or pleads guilty to two or	2713
more felonies that include, as an essential element, causing or	2714
attempting to cause the death or physical harm to another and	2715
also is convicted of or pleads guilty to a specification of the	2716
type described under division (D)(1)(f) of this section in	2717
connection with two or more of the felonies of which the offender	2718
is convicted or to which the offender pleads guilty, the	2719
sentencing court shall impose on the offender the prison term	2720
specified under division (D)(1)(f) of this section for each of	2721
two of the specifications of which the offender is convicted or	2722
to which the offender pleads guilty and, in its discretion, also	2723
may impose on the offender the prison term specified under that	2724
division for any or all of the remaining specifications. If a	2725
court imposes an additional prison term on an offender under	2726
division (D)(1)(f) of this section relative to an offense, the	2727
court shall not impose a prison term under division (D)(1)(a) or	2728
(c) of this section relative to the same offense.	2729

(g) If an offender is convicted of or pleads guilty to two	2730
or more felonies, if one or more of those felonies is aggravated	2731
murder, murder, attempted aggravated murder, attempted murder,	2732
aggravated robbery, felonious assault, or rape, and if the	2733
offender is convicted of or pleads guilty to a specification of	2734
the type described under division (D)(1)(a) of this section in	2735
connection with two or more of the felonies, the sentencing court	2736
shall impose on the offender the prison term specified under	2737
division (D)(1)(a) of this section for each of the two most	2738
serious specifications of which the offender is convicted or to	2739
which the offender pleads guilty and, in its discretion, also may	2740
impose on the offender the prison term specified under that	2741
division for any or all of the remaining specifications.	2742

(2)(a) If division (D)(2)(b) of this section does not apply,	2743
the court may impose on an offender, in addition to the longest	2744
prison term authorized or required for the offense, an additional	2745
definite prison term of one, two, three, four, five, six, seven,	2746
eight, nine, or ten years if all of the following criteria are	2747
met:	2748

(i) The offender is convicted of or pleads guilty to a	2749
specification of the type described in section 2941.149 of the	2750
Revised Code that the offender is a repeat violent offender.	2751

(ii) The offense of which the offender currently is convicted	2752
or to which the offender currently pleads guilty is aggravated	2753
murder and the court does not impose a sentence of death or life	2754
imprisonment without parole, murder, terrorism and the court does	2755
not impose a sentence of life imprisonment without parole, any	2756
felony of the first degree that is an offense of violence and the	2757
court does not impose a sentence of life imprisonment without	2758
parole, or any felony of the second degree that is an offense of	2759
violence and the trier of fact finds that the offense involved an	2760
attempt to cause or a threat to cause serious physical harm to a	2761
person or resulted in serious physical harm to a person.	2762

(iii) The court imposes the longest prison term for the	2763
offense that is not life imprisonment without parole.	2764

(iv) The court finds that the prison terms imposed pursuant	2765
to division (D)(2)(a)(iii) of this section and, if applicable,	2766
division (D)(1) or (3) of this section are inadequate to punish	2767
the offender and protect the public from future crime, because the	2768
applicable factors under section 2929.12 of the Revised Code	2769
indicating a greater likelihood of recidivism outweigh the	2770
applicable factors under that section indicating a lesser	2771
likelihood of recidivism.	2772

(v) The court finds that the prison terms imposed pursuant	2773
to division (D)(2)(a)(iii) of this section and, if applicable,	2774
division (D)(1) or (3) of this section are demeaning to the	2775
seriousness of the offense, because one or more of the factors	2776
under section 2929.12 of the Revised Code indicating that the	2777
offender's conduct is more serious than conduct normally	2778
constituting the offense are present, and they outweigh the	2779
applicable factors under that section indicating that the	2780
offender's conduct is less serious than conduct normally	2781
constituting the offense.	2782

(b) The court shall impose on an offender the longest prison	2783
term authorized or required for the offense and shall impose on	2784
the offender an additional definite prison term of one, two,	2785
three, four, five, six, seven, eight, nine, or ten years if all of	2786
the following criteria are met:	2787

(i) The offender is convicted of or pleads guilty to a	2788
specification of the type described in section 2941.149 of the	2789
Revised Code that the offender is a repeat violent offender.	2790

(ii) The offender within the preceding twenty years has been	2791
convicted of or pleaded guilty to three or more offenses described	2792
in division (DD)(1) of section 2929.01 of the Revised Code,	2793
including all offenses described in that division of which the	2794
offender is convicted or to which the offender pleads guilty in	2795
the current prosecution and all offenses described in that	2796
division of which the offender previously has been convicted or to	2797
which the offender previously pleaded guilty, whether prosecuted	2798
together or separately.	2799

(iii) The offense or offenses of which the offender currently	2800
is convicted or to which the offender currently pleads guilty is	2801
aggravated murder and the court does not impose a sentence of	2802
death or life imprisonment without parole, murder, terrorism and	2803
the court does not impose a sentence of life imprisonment without	2804
parole, any felony of the first degree that is an offense of	2805
violence and the court does not impose a sentence of life	2806
imprisonment without parole, or any felony of the second degree	2807
that is an offense of violence and the trier of fact finds that	2808
the offense involved an attempt to cause or a threat to cause	2809
serious physical harm to a person or resulted in serious physical	2810
harm to a person.	2811

(c) For purposes of division (D)(2)(b) of this section, two	2812
or more offenses committed at the same time or as part of the same	2813
act or event shall be considered one offense, and that one offense	2814
shall be the offense with the greatest penalty.	2815

(d) A sentence imposed under division (D)(2)(a) or (b) of	2816
this section shall not be reduced pursuant to section 2929.20 or	2817
section 2967.193, or any other provision of Chapter 2967. or	2818
Chapter 5120. of the Revised Code. The offender shall serve an	2819
additional prison term imposed under this section consecutively to	2820
and prior to the prison term imposed for the underlying offense.	2821

(e) When imposing a sentence pursuant to division (D)(2)(a)	2822
or (b) of this section, the court shall state its findings	2823
explaining the imposed sentence.	2824

(3)(a) Except when an offender commits a violation of section	2825
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	2826
the violation is life imprisonment or commits a violation of	2827
section 2903.02 of the Revised Code, if the offender commits a	2828
violation of section 2925.03 or 2925.11 of the Revised Code and	2829
that section classifies the offender as a major drug offender and	2830
requires the imposition of a ten-year prison term on the offender,	2831
if the offender commits a felony violation of section 2925.02,	2832
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	2833
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	2834
division (C) of section 4729.51, or division (J) of section	2835
4729.54 of the Revised Code that includes the sale, offer to sell,	2836
or possession of a schedule I or II controlled substance, with the	2837
exception of marihuana, and the court imposing sentence upon the	2838
offender finds that the offender is guilty of a specification of	2839
the type described in section 2941.1410 of the Revised Code	2840
charging that the offender is a major drug offender, if the court	2841
imposing sentence upon an offender for a felony finds that the	2842
offender is guilty of corrupt activity with the most serious	2843
offense in the pattern of corrupt activity being a felony of the	2844
first degree, or if the offender is guilty of an attempted	2845
violation of section 2907.02 of the Revised Code and, had the	2846
offender completed the violation of section 2907.02 of the Revised	2847
Code that was attempted, the offender would have been subject to a	2848
sentence of life imprisonment or life imprisonment without parole	2849
for the violation of section 2907.02 of the Revised Code, the	2850
court shall impose upon the offender for the felony violation a	2851
ten-year prison term that cannot be reduced pursuant to section	2852
2929.20 or Chapter 2967. or 5120. of the Revised Code.	2853

(b) The court imposing a prison term on an offender under	2854
division (D)(3)(a) of this section may impose an additional prison	2855
term of one, two, three, four, five, six, seven, eight, nine, or	2856
ten years, if the court, with respect to the term imposed under	2857
division (D)(3)(a) of this section and, if applicable, divisions	2858
(D)(1) and (2) of this section, makes both of the findings set	2859
forth in divisions (D)(2)(a)(iv) and (v) of this section.	2860

(4) If the offender is being sentenced for a third or fourth	2861
degree felony OVI offense under division (G)(2) of section 2929.13	2862
of the Revised Code, the sentencing court shall impose upon the	2863
offender a mandatory prison term in accordance with that division.	2864
In addition to the mandatory prison term, if the offender is being	2865
sentenced for a fourth degree felony OVI offense, the court,	2866
notwithstanding division (A)(4) of this section, may sentence the	2867
offender to a definite prison term of not less than six months and	2868
not more than thirty months, and if the offender is being	2869
sentenced for a third degree felony OVI offense, the sentencing	2870
court may sentence the offender to an additional prison term of	2871
any duration specified in division (A)(3) of this section. In	2872
either case, the additional prison term imposed shall be reduced	2873
by the sixty or one hundred twenty days imposed upon the offender	2874
as the mandatory prison term. The total of the additional prison	2875
term imposed under division (D)(4) of this section plus the sixty	2876
or one hundred twenty days imposed as the mandatory prison term	2877
shall equal a definite term in the range of six months to thirty	2878
months for a fourth degree felony OVI offense and shall equal one	2879
of the authorized prison terms specified in division (A)(3) of	2880
this section for a third degree felony OVI offense. If the court	2881
imposes an additional prison term under division (D)(4) of this	2882
section, the offender shall serve the additional prison term after	2883
the offender has served the mandatory prison term required for the	2884
offense. In addition to the mandatory prison term or mandatory and	2885
additional prison term imposed as described in division (D)(4) of	2886
this section, the court also may sentence the offender to a	2887
community control sanction under section 2929.16 or 2929.17 of the	2888
Revised Code, but the offender shall serve all of the prison terms	2889
so imposed prior to serving the community control sanction.	2890

If the offender is being sentenced for a fourth degree felony	2891
OVI offense under division (G)(1) of section 2929.13 of the	2892
Revised Code and the court imposes a mandatory term of local	2893
incarceration, the court may impose a prison term as described in	2894
division (A)(1) of that section.	2895

(5) If an offender is convicted of or pleads guilty to a	2896
violation of division (A)(1) or (2) of section 2903.06 of the	2897
Revised Code and also is convicted of or pleads guilty to a	2898
specification of the type described in section 2941.1414 of the	2899
Revised Code that charges that the victim of the offense is a	2900
peace officer, as defined in section 2935.01 of the Revised Code,	2901
or an investigator of the bureau of criminal identification and	2902
investigation, as defined in section 2903.11 of the Revised Code,	2903
the court shall impose on the offender a prison term of five	2904
years. If a court imposes a prison term on an offender under	2905
division (D)(5) of this section, the prison term shall not be	2906
reduced pursuant to section 2929.20, section 2967.193, or any	2907
other provision of Chapter 2967. or Chapter 5120. of the Revised	2908
Code. A court shall not impose more than one prison term on an	2909
offender under division (D)(5) of this section for felonies	2910
committed as part of the same act.	2911

(6) If an offender is convicted of or pleads guilty to a	2912
violation of division (A)(1) or (2) of section 2903.06 of the	2913
Revised Code and also is convicted of or pleads guilty to a	2914
specification of the type described in section 2941.1415 of the	2915
Revised Code that charges that the offender previously has been	2916
convicted of or pleaded guilty to three or more violations of	2917
division (A) or (B) of section 4511.19 of the Revised Code or an	2918
equivalent offense, as defined in section 2941.1415 of the Revised	2919
Code, or three or more violations of any combination of those	2920
divisions and offenses, the court shall impose on the offender a	2921
prison term of three years. If a court imposes a prison term on an	2922
offender under division (D)(6) of this section, the prison term	2923
shall not be reduced pursuant to section 2929.20, section	2924
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	2925
of the Revised Code. A court shall not impose more than one prison	2926
term on an offender under division (D)(6) of this section for	2927
felonies committed as part of the same act.	2928

(7)(a) If an offender is convicted of or pleads guilty to a	2929
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22,	2930
or 2923.32, division (A)(1) or (2) of section 2907.323, or	2931
division (B)(1), (2), (3), (4), or (5) of section 2919.22 of the	2932
Revised Code and also is convicted of or pleads guilty to a	2933
specification of the type described in section 2941.1422 of the	2934
Revised Code that charges that the offender knowingly committed	2935
the offense in furtherance of human trafficking, the court shall	2936
impose on the offender a mandatory prison term that is one of	2937
the following:	2938

(i) If the offense is a felony of the first degree, a	2939
definite prison term of not less than five years and not greater	2940
than ten years;	2941

(ii) If the offense is a felony of the second or third	2942
degree, a definite prison term of not less than three years and	2943
not greater than the maximum prison term allowed for the offense	2944
by division (A) of section 2929.14 of the Revised Code;	2945

(iii) If the offense is a felony of the fourth or fifth	2946
degree, a definite prison term that is the maximum prison term	2947
allowed for the offense by division (A) of section 2929.14 of the	2948
Revised.	2949

(b) The prison term imposed under division (D)(7)(a) of this	2950
section shall not be reduced pursuant to section 2929.20, section	2951
2967.193, or any other provision of Chapter 2967. of the Revised	2952
Code. A court shall not impose more than one prison term on an	2953
offender under division (D)(7)(a) of this section for felonies	2954
committed as part of the same act, scheme, or plan.	2955

(8) If an offender is convicted of or pleads guilty to a	2956
felony violation of section 2903.11, 2903.12, or 2903.13 of the	2957
Revised Code and also is convicted of or pleads guilty to a	2958
specification of the type described in section 2941.1423 of the	2959
Revised Code that charges that the victim of the violation was a	2960
woman whom the offender knew was pregnant at the time of the	2961
violation, notwithstanding the range of prison terms prescribed in	2962
division (A) of this section for felonies of the same degree as	2963
the violation, the court shall impose on the offender a mandatory	2964
prison term that is either a definite prison term of six months	2965
or one of the prison terms prescribed in section 2929.14 of the	2966
Revised Code for felonies of the same degree as the violation.	2967

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	2968
mandatory prison term is imposed upon an offender pursuant to	2969
division (D)(1)(a) of this section for having a firearm on or	2970
about the offender's person or under the offender's control while	2971
committing a felony, if a mandatory prison term is imposed upon an	2972
offender pursuant to division (D)(1)(c) of this section for	2973
committing a felony specified in that division by discharging a	2974
firearm from a motor vehicle, or if both types of mandatory prison	2975
terms are imposed, the offender shall serve any mandatory prison	2976
term imposed under either division consecutively to any other	2977
mandatory prison term imposed under either division or under	2978
division (D)(1)(d) of this section, consecutively to and prior to	2979
any prison term imposed for the underlying felony pursuant to	2980
division (A), (D)(2), or (D)(3) of this section or any other	2981
section of the Revised Code, and consecutively to any other prison	2982
term or mandatory prison term previously or subsequently imposed	2983
upon the offender.	2984

(b) If a mandatory prison term is imposed upon an offender	2985
pursuant to division (D)(1)(d) of this section for wearing or	2986
carrying body armor while committing an offense of violence that	2987
is a felony, the offender shall serve the mandatory term so	2988
imposed consecutively to any other mandatory prison term imposed	2989
under that division or under division (D)(1)(a) or (c) of this	2990
section, consecutively to and prior to any prison term imposed for	2991
the underlying felony under division (A), (D)(2), or (D)(3) of	2992
this section or any other section of the Revised Code, and	2993
consecutively to any other prison term or mandatory prison term	2994
previously or subsequently imposed upon the offender.	2995

(c) If a mandatory prison term is imposed upon an offender	2996
pursuant to division (D)(1)(f) of this section, the offender shall	2997
serve the mandatory prison term so imposed consecutively to and	2998
prior to any prison term imposed for the underlying felony under	2999
division (A), (D)(2), or (D)(3) of this section or any other	3000
section of the Revised Code, and consecutively to any other prison	3001
term or mandatory prison term previously or subsequently imposed	3002
upon the offender.	3003

(d) If a mandatory prison term is imposed upon an offender	3004
pursuant to division (D)(7) or (8) of this section, the offender	3005
shall serve the mandatory prison term so imposed consecutively to	3006
any other mandatory prison term imposed under that division or	3007
under any other provision of law and consecutively to any other	3008
prison term or mandatory prison term previously or subsequently	3009
imposed upon the offender.	3010

(2) If an offender who is an inmate in a jail, prison, or	3011
other residential detention facility violates section 2917.02,	3012
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	3013
who is under detention at a detention facility commits a felony	3014
violation of section 2923.131 of the Revised Code, or if an	3015
offender who is an inmate in a jail, prison, or other residential	3016
detention facility or is under detention at a detention facility	3017
commits another felony while the offender is an escapee in	3018
violation of section 2921.34 of the Revised Code, any prison term	3019
imposed upon the offender for one of those violations shall be	3020
served by the offender consecutively to the prison term or term of	3021
imprisonment the offender was serving when the offender committed	3022
that offense and to any other prison term previously or	3023
subsequently imposed upon the offender.	3024

(3) If a prison term is imposed for a violation of division	3025
(B) of section 2911.01 of the Revised Code, a violation of	3026
division (A) of section 2913.02 of the Revised Code in which the	3027
stolen property is a firearm or dangerous ordnance, or a felony	3028
violation of division (B) of section 2921.331 of the Revised Code,	3029
the offender shall serve that prison term consecutively to any	3030
other prison term or mandatory prison term previously or	3031
subsequently imposed upon the offender.	3032

(4) If multiple prison terms are imposed on an offender for	3033
convictions of multiple offenses, the court may require the	3034
offender to serve the prison terms consecutively if the court	3035
finds that the consecutive service is necessary to protect the	3036
public from future crime or to punish the offender and that	3037
consecutive sentences are not disproportionate to the seriousness	3038
of the offender's conduct and to the danger the offender poses to	3039
the public, and if the court also finds any of the following:	3040

(a) The offender committed one or more of the multiple	3041
offenses while the offender was awaiting trial or sentencing, was	3042
under a sanction imposed pursuant to section 2929.16, 2929.17, or	3043
2929.18 of the Revised Code, or was under post-release control for	3044
a prior offense.	3045

(b) At least two of the multiple offenses were committed as	3046
part of one or more courses of conduct, and the harm caused by two	3047
or more of the multiple offenses so committed was so great or	3048
unusual that no single prison term for any of the offenses	3049
committed as part of any of the courses of conduct adequately	3050
reflects the seriousness of the offender's conduct.	3051

(c) The offender's history of criminal conduct demonstrates	3052
that consecutive sentences are necessary to protect the public	3053
from future crime by the offender.	3054

(5) If a mandatory prison term is imposed upon an offender	3055
pursuant to division (D)(5) or (6) of this section, the offender	3056
shall serve the mandatory prison term consecutively to and prior	3057
to any prison term imposed for the underlying violation of	3058
division (A)(1) or (2) of section 2903.06 of the Revised Code	3059
pursuant to division (A) of this section or section 2929.142 of	3060
the Revised Code. If a mandatory prison term is imposed upon an	3061
offender pursuant to division (D)(5) of this section, and if a	3062
mandatory prison term also is imposed upon the offender pursuant	3063
to division (D)(6) of this section in relation to the same	3064
violation, the offender shall serve the mandatory prison term	3065
imposed pursuant to division (D)(5) of this section consecutively	3066
to and prior to the mandatory prison term imposed pursuant to	3067
division (D)(6) of this section and consecutively to and prior to	3068
any prison term imposed for the underlying violation of division	3069
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	3070
division (A) of this section or section 2929.142 of the Revised	3071
Code.	3072

(6) When consecutive prison terms are imposed pursuant to	3073
division (E)(1), (2), (3), (4), or (5) or division (J)(1) or (2)	3074
of this section, the term to be served is the aggregate of all of	3075
the terms so imposed.	3076

(F)(1) If a court imposes a prison term for a felony of the	3077
first degree, for a felony of the second degree, for a felony sex	3078
offense, or for a felony of the third degree that is not a felony	3079
sex offense and in the commission of which the offender caused or	3080
threatened to cause physical harm to a person, it shall include in	3081
the sentence a requirement that the offender be subject to a	3082
period of post-release control after the offender's release from	3083
imprisonment, in accordance with that division. If a court imposes	3084
a sentence including a prison term of a type described in this	3085
division on or after July 11, 2006, the failure of a court to	3086
include a post-release control requirement in the sentence	3087
pursuant to this division does not negate, limit, or otherwise	3088
affect the mandatory period of post-release control that is	3089
required for the offender under division (B) of section 2967.28 of	3090
the Revised Code. Section 2929.191 of the Revised Code applies if,	3091
prior to July 11, 2006, a court imposed a sentence including a	3092
prison term of a type described in this division and failed to	3093
include in the sentence pursuant to this division a statement	3094
regarding post-release control.	3095

(2) If a court imposes a prison term for a felony of the	3096
third, fourth, or fifth degree that is not subject to division	3097
(F)(1) of this section, it shall include in the sentence a	3098
requirement that the offender be subject to a period of	3099
post-release control after the offender's release from	3100
imprisonment, in accordance with that division, if the parole	3101
board determines that a period of post-release control is	3102
necessary. Section 2929.191 of the Revised Code applies if, prior	3103
to July 11, 2006, a court imposed a sentence including a prison	3104
term of a type described in this division and failed to include in	3105
the sentence pursuant to this division a statement regarding	3106
post-release control.	3107

(G) The court shall impose sentence upon the offender in	3108
accordance with section 2971.03 of the Revised Code, and Chapter	3109
2971. of the Revised Code applies regarding the prison term or	3110
term of life imprisonment without parole imposed upon the offender	3111
and the service of that term of imprisonment if any of the	3112
following apply:	3113

(1) A person is convicted of or pleads guilty to a violent	3114
sex offense or a designated homicide, assault, or kidnapping	3115
offense, and, in relation to that offense, the offender is	3116
adjudicated a sexually violent predator.	3117

(2) A person is convicted of or pleads guilty to a violation	3118
of division (A)(1)(b) of section 2907.02 of the Revised Code	3119
committed on or after January 2, 2007, and either the court does	3120
not impose a sentence of life without parole when authorized	3121
pursuant to division (B) of section 2907.02 of the Revised Code,	3122
or division (B) of section 2907.02 of the Revised Code provides	3123
that the court shall not sentence the offender pursuant to	3124
section 2971.03 of the Revised Code.	3125

(3) A person is convicted of or pleads guilty to attempted	3126
rape committed on or after January 2, 2007, and a specification	3127
of the type described in section 2941.1418, 2941.1419, or	3128
2941.1420 of the Revised Code.	3129

(4) A person is convicted of or pleads guilty to a violation	3130
of section 2905.01 of the Revised Code committed on or after	3131
January 1, 2008, and that section requires the court to sentence	3132
the offender pursuant to section 2971.03 of the Revised Code.	3133

(5) A person is convicted of or pleads guilty to aggravated	3134
murder committed on or after January 1, 2008, and division	3135
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),	3136
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or	3137
(E)(1)(d) of section 2929.03, or division (A) or (B) of section	3138
2929.06 of the Revised Code requires the court to sentence the	3139
offender pursuant to division (B)(3) of section 2971.03 of the	3140
Revised Code.	3141

(6) A person is convicted of or pleads guilty to murder	3142
committed on or after January 1, 2008, and division (B)(2) of	3143
section 2929.02 of the Revised Code requires the court to	3144
sentence the offender pursuant to section 2971.03 of the Revised	3145
Code.	3146

(H) If a person who has been convicted of or pleaded guilty	3147
to a felony is sentenced to a prison term or term of imprisonment	3148
under this section, sections 2929.02 to 2929.06 of the Revised	3149
Code, section 2929.142 of the Revised Code, section 2971.03 of the	3150
Revised Code, or any other provision of law, section 5120.163 of	3151
the Revised Code applies regarding the person while the person is	3152
confined in a state correctional institution.	3153

(I) If an offender who is convicted of or pleads guilty to a	3154
felony that is an offense of violence also is convicted of or	3155
pleads guilty to a specification of the type described in section	3156
2941.142 of the Revised Code that charges the offender with having	3157
committed the felony while participating in a criminal gang, the	3158
court shall impose upon the offender an additional prison term of	3159
one, two, or three years.	3160

(J)(1) If an offender who is convicted of or pleads guilty to	3161
aggravated murder, murder, or a felony of the first, second, or	3162
third degree that is an offense of violence also is convicted of	3163
or pleads guilty to a specification of the type described in	3164
section 2941.143 of the Revised Code that charges the offender	3165
with having committed the offense in a school safety zone or	3166
towards a person in a school safety zone, the court shall impose	3167
upon the offender an additional prison term of two years. The	3168
offender shall serve the additional two years consecutively to and	3169
prior to the prison term imposed for the underlying offense.	3170

(2)(a) If an offender is convicted of or pleads guilty to a	3171
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	3172
of the Revised Code and to a specification of the type described	3173
in section 2941.1421 of the Revised Code and if the court imposes	3174
a prison term on the offender for the felony violation, the court	3175
may impose upon the offender an additional prison term as follows:	3176

(i) Subject to division (J)(2)(a)(ii) of this section, an	3177
additional prison term of one, two, three, four, five, or six	3178
months;	3179

(ii) If the offender previously has been convicted of or	3180
pleaded guilty to one or more felony or misdemeanor violations of	3181
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	3182
Revised Code and also was convicted of or pleaded guilty to a	3183
specification of the type described in section 2941.1421 of the	3184
Revised Code regarding one or more of those violations, an	3185
additional prison term of one, two, three, four, five, six, seven,	3186
eight, nine, ten, eleven, or twelve months.	3187

(b) In lieu of imposing an additional prison term under	3188
division (J)(2)(a) of this section, the court may directly impose	3189
on the offender a sanction that requires the offender to wear a	3190
real-time processing, continual tracking electronic monitoring	3191
device during the period of time specified by the court. The	3192
period of time specified by the court shall equal the duration of	3193
an additional prison term that the court could have imposed upon	3194
the offender under division (J)(2)(a) of this section. A sanction	3195
imposed under this division shall commence on the date specified	3196
by the court, provided that the sanction shall not commence until	3197
after the offender has served the prison term imposed for the	3198
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	3199
of the Revised Code and any residential sanction imposed for the	3200
violation under section 2929.16 of the Revised Code. A sanction	3201
imposed under this division shall be considered to be a community	3202
control sanction for purposes of section 2929.15 of the Revised	3203
Code, and all provisions of the Revised Code that pertain to	3204
community control sanctions shall apply to a sanction imposed	3205
under this division, except to the extent that they would by their	3206
nature be clearly inapplicable. The offender shall pay all costs	3207
associated with a sanction imposed under this division, including	3208
the cost of the use of the monitoring device.	3209

(K) At the time of sentencing, the court may recommend the	3210
offender for placement in a program of shock incarceration under	3211
section 5120.031 of the Revised Code or for placement in an	3212
intensive program prison under section 5120.032 of the Revised	3213
Code, disapprove placement of the offender in a program of shock	3214
incarceration or an intensive program prison of that nature, or	3215
make no recommendation on placement of the offender. In no case	3216
shall the department of rehabilitation and correction place the	3217
offender in a program or prison of that nature unless the	3218
department determines as specified in section 5120.031 or 5120.032	3219
of the Revised Code, whichever is applicable, that the offender is	3220
eligible for the placement.	3221

If the court disapproves placement of the offender in a	3222
program or prison of that nature, the department of rehabilitation	3223
and correction shall not place the offender in any program of	3224
shock incarceration or intensive program prison.	3225

If the court recommends placement of the offender in a	3226
program of shock incarceration or in an intensive program prison,	3227
and if the offender is subsequently placed in the recommended	3228
program or prison, the department shall notify the court of the	3229
placement and shall include with the notice a brief description of	3230
the placement.	3231

If the court recommends placement of the offender in a	3232
program of shock incarceration or in an intensive program prison	3233
and the department does not subsequently place the offender in the	3234
recommended program or prison, the department shall send a notice	3235
to the court indicating why the offender was not placed in the	3236
recommended program or prison.	3237

If the court does not make a recommendation under this	3238
division with respect to an offender and if the department	3239
determines as specified in section 5120.031 or 5120.032 of the	3240
Revised Code, whichever is applicable, that the offender is	3241
eligible for placement in a program or prison of that nature, the	3242
department shall screen the offender and determine if there is an	3243
available program of shock incarceration or an intensive program	3244
prison for which the offender is suited. If there is an available	3245
program of shock incarceration or an intensive program prison for	3246
which the offender is suited, the department shall notify the	3247
court of the proposed placement of the offender as specified in	3248
section 5120.031 or 5120.032 of the Revised Code and shall include	3249
with the notice a brief description of the placement. The court	3250
shall have ten days from receipt of the notice to disapprove the	3251
placement.	3252

(L) If a person is convicted of or pleads guilty to	3253
aggravated vehicular homicide in violation of division (A)(1) of	3254
section 2903.06 of the Revised Code and division (B)(2)(c) of that	3255
section applies, the person shall be sentenced pursuant to section	3256
2929.142 of the Revised Code.	3257

Sec. 2929.18.  (A) Except as otherwise provided in this	3258
division and in addition to imposing court costs pursuant to	3259
section 2947.23 of the Revised Code, the court imposing a sentence	3260
upon an offender for a felony may sentence the offender to any	3261
financial sanction or combination of financial sanctions	3262
authorized under this section or, in the circumstances specified	3263
in section 2929.32 of the Revised Code, may impose upon the	3264
offender a fine in accordance with that section. Financial	3265
sanctions that may be imposed pursuant to this section include,	3266
but are not limited to, the following:	3267

(1) Restitution by the offender to the victim of the	3268
offender's crime or any survivor of the victim, in an amount based	3269
on the victim's economic loss. If the court imposes restitution,	3270
the court shall order that the restitution be made to the victim	3271
in open court, to the adult probation department that serves the	3272
county on behalf of the victim, to the clerk of courts, or to	3273
another agency designated by the court. If the court imposes	3274
restitution, at sentencing, the court shall determine the amount	3275
of restitution to be made by the offender. If the court imposes	3276
restitution, the court may base the amount of restitution it	3277
orders on an amount recommended by the victim, the offender, a	3278
presentence investigation report, estimates or receipts indicating	3279
the cost of repairing or replacing property, and other	3280
information, provided that the amount the court orders as	3281
restitution shall not exceed the amount of the economic loss	3282
suffered by the victim as a direct and proximate result of the	3283
commission of the offense. If the court decides to impose	3284
restitution, the court shall hold a hearing on restitution if the	3285
offender, victim, or survivor disputes the amount. All restitution	3286
payments shall be credited against any recovery of economic loss	3287
in a civil action brought by the victim or any survivor of the	3288
victim against the offender.	3289

If the court imposes restitution, the court may order that	3290
the offender pay a surcharge of not more than five per cent of the	3291
amount of the restitution otherwise ordered to the entity	3292
responsible for collecting and processing restitution payments.	3293

The victim or survivor may request that the prosecutor in the	3294
case file a motion, or the offender may file a motion, for	3295
modification of the payment terms of any restitution ordered. If	3296
the court grants the motion, it may modify the payment terms as it	3297
determines appropriate.	3298

(2) Except as provided in division (B)(1), (3), or (4) of	3299
this section, a fine payable by the offender to the state, to a	3300
political subdivision, or as described in division (B)(2) of this	3301
section to one or more law enforcement agencies, with the amount	3302
of the fine based on a standard percentage of the offender's daily	3303
income over a period of time determined by the court and based	3304
upon the seriousness of the offense. A fine ordered under this	3305
division shall not exceed the maximum conventional fine amount	3306
authorized for the level of the offense under division (A)(3) of	3307
this section.	3308

(3) Except as provided in division (B)(1), (3), or (4) of	3309
this section, a fine payable by the offender to the state, to a	3310
political subdivision when appropriate for a felony, or as	3311
described in division (B)(2) of this section to one or more law	3312
enforcement agencies, in the following amount:	3313

(a) For a felony of the first degree, not more than twenty	3314
thousand dollars;	3315

(b) For a felony of the second degree, not more than fifteen	3316
thousand dollars;	3317

(c) For a felony of the third degree, not more than ten	3318
thousand dollars;	3319

(d) For a felony of the fourth degree, not more than five	3320
thousand dollars;	3321

(e) For a felony of the fifth degree, not more than two	3322
thousand five hundred dollars.	3323

(4) A state fine or costs as defined in section 2949.111 of	3324
the Revised Code.	3325

(5)(a) Reimbursement by the offender of any or all of the	3326
costs of sanctions incurred by the government, including the	3327
following:	3328

(i) All or part of the costs of implementing any community	3329
control sanction, including a supervision fee under section	3330
2951.021 of the Revised Code;	3331

(ii) All or part of the costs of confinement under a sanction	3332
imposed pursuant to section 2929.14, 2929.142, or 2929.16 of the	3333
Revised Code, provided that the amount of reimbursement ordered	3334
under this division shall not exceed the total amount of	3335
reimbursement the offender is able to pay as determined at a	3336
hearing and shall not exceed the actual cost of the confinement;	3337

(iii) All or part of the cost of purchasing and using an	3338
immobilizing or disabling device, including a certified ignition	3339
interlock device, or a remote alcohol monitoring device that a	3340
court orders an offender to use under section 4510.13 of the	3341
Revised Code.	3342

(b) If the offender is sentenced to a sanction of confinement	3343
pursuant to section 2929.14 or 2929.16 of the Revised Code that is	3344
to be served in a facility operated by a board of county	3345
commissioners, a legislative authority of a municipal corporation,	3346
or another local governmental entity, if, pursuant to section	3347
307.93, 341.14, 341.19, 341.23, 753.02, 753.04, 753.16, 2301.56,	3348
or 2947.19 of the Revised Code and section 2929.37 of the Revised	3349
Code, the board, legislative authority, or other local	3350
governmental entity requires prisoners to reimburse the county,	3351
municipal corporation, or other entity for its expenses incurred	3352
by reason of the prisoner's confinement, and if the court does not	3353
impose a financial sanction under division (A)(5)(a)(ii) of this	3354
section, confinement costs may be assessed pursuant to section	3355
2929.37 of the Revised Code. In addition, the offender may be	3356
required to pay the fees specified in section 2929.38 of the	3357
Revised Code in accordance with that section.	3358

(c) Reimbursement by the offender for costs pursuant to	3359
section 2929.71 of the Revised Code.	3360

(B)(1) For a first, second, or third degree felony violation	3361
of any provision of Chapter 2925., 3719., or 4729. of the Revised	3362
Code, the sentencing court shall impose upon the offender a	3363
mandatory fine of at least one-half of, but not more than, the	3364
maximum statutory fine amount authorized for the level of the	3365
offense pursuant to division (A)(3) of this section. If an	3366
offender alleges in an affidavit filed with the court prior to	3367
sentencing that the offender is indigent and unable to pay the	3368
mandatory fine and if the court determines the offender is an	3369
indigent person and is unable to pay the mandatory fine described	3370
in this division, the court shall not impose the mandatory fine	3371
upon the offender.	3372

(2) Any mandatory fine imposed upon an offender under	3373
division (B)(1) of this section and any fine imposed upon an	3374
offender under division (A)(2) or (3) of this section for any	3375
fourth or fifth degree felony violation of any provision of	3376
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid	3377
to law enforcement agencies pursuant to division (F) of section	3378
2925.03 of the Revised Code.	3379

(3) For a fourth degree felony OVI offense and for a third	3380
degree felony OVI offense, the sentencing court shall impose upon	3381
the offender a mandatory fine in the amount specified in division	3382
(G)(1)(d) or (e) of section 4511.19 of the Revised Code, whichever	3383
is applicable. The mandatory fine so imposed shall be disbursed as	3384
provided in the division pursuant to which it is imposed.	3385

(4) Notwithstanding any fine otherwise authorized or required	3386
to be imposed under division (A)(2) or (3) or (B)(1) of this	3387
section or section 2929.31 of the Revised Code for a violation of	3388
section 2925.03 of the Revised Code, in addition to any penalty or	3389
sanction imposed for that offense under section 2925.03 or	3390
sections 2929.11 to 2929.18 of the Revised Code and in addition to	3391
the forfeiture of property in connection with the offense as	3392
prescribed in Chapter 2981. of the Revised Code, the court that	3393
sentences an offender for a violation of section 2925.03 of the	3394
Revised Code may impose upon the offender a fine in addition to	3395
any fine imposed under division (A)(2) or (3) of this section and	3396
in addition to any mandatory fine imposed under division (B)(1) of	3397
this section. The fine imposed under division (B)(4) of this	3398
section shall be used as provided in division (H) of section	3399
2925.03 of the Revised Code. A fine imposed under division (B)(4)	3400
of this section shall not exceed whichever of the following is	3401
applicable:	3402

(a) The total value of any personal or real property in which	3403
the offender has an interest and that was used in the course of,	3404
intended for use in the course of, derived from, or realized	3405
through conduct in violation of section 2925.03 of the Revised	3406
Code, including any property that constitutes proceeds derived	3407
from that offense;	3408

(b) If the offender has no interest in any property of the	3409
type described in division (B)(4)(a) of this section or if it is	3410
not possible to ascertain whether the offender has an interest in	3411
any property of that type in which the offender may have an	3412
interest, the amount of the mandatory fine for the offense imposed	3413
under division (B)(1) of this section or, if no mandatory fine is	3414
imposed under division (B)(1) of this section, the amount of the	3415
fine authorized for the level of the offense imposed under	3416
division (A)(3) of this section.	3417

(5) Prior to imposing a fine under division (B)(4) of this	3418
section, the court shall determine whether the offender has an	3419
interest in any property of the type described in division	3420
(B)(4)(a) of this section. Except as provided in division (B)(6)	3421
or (7) of this section, a fine that is authorized and imposed	3422
under division (B)(4) of this section does not limit or affect the	3423
imposition of the penalties and sanctions for a violation of	3424
section 2925.03 of the Revised Code prescribed under those	3425
sections or sections 2929.11 to 2929.18 of the Revised Code and	3426
does not limit or affect a forfeiture of property in connection	3427
with the offense as prescribed in Chapter 2981. of the Revised	3428
Code.	3429

(6) If the sum total of a mandatory fine amount imposed for a	3430
first, second, or third degree felony violation of section 2925.03	3431
of the Revised Code under division (B)(1) of this section plus the	3432
amount of any fine imposed under division (B)(4) of this section	3433
does not exceed the maximum statutory fine amount authorized for	3434
the level of the offense under division (A)(3) of this section or	3435
section 2929.31 of the Revised Code, the court may impose a fine	3436
for the offense in addition to the mandatory fine and the fine	3437
imposed under division (B)(4) of this section. The sum total of	3438
the amounts of the mandatory fine, the fine imposed under division	3439
(B)(4) of this section, and the additional fine imposed under	3440
division (B)(6) of this section shall not exceed the maximum	3441
statutory fine amount authorized for the level of the offense	3442
under division (A)(3) of this section or section 2929.31 of the	3443
Revised Code. The clerk of the court shall pay any fine that is	3444
imposed under division (B)(6) of this section to the county,	3445
township, municipal corporation, park district as created pursuant	3446
to section 511.18 or 1545.04 of the Revised Code, or state law	3447
enforcement agencies in this state that primarily were responsible	3448
for or involved in making the arrest of, and in prosecuting, the	3449
offender pursuant to division (F) of section 2925.03 of the	3450
Revised Code.	3451

(7) If the sum total of the amount of a mandatory fine	3452
imposed for a first, second, or third degree felony violation of	3453
section 2925.03 of the Revised Code plus the amount of any fine	3454
imposed under division (B)(4) of this section exceeds the maximum	3455
statutory fine amount authorized for the level of the offense	3456
under division (A)(3) of this section or section 2929.31 of the	3457
Revised Code, the court shall not impose a fine under division	3458
(B)(6) of this section.	3459

(8)(a) If an offender who is convicted of or pleads guilty to	3460
a violation of section 2905.01, 2905.02, 2907.21, 2907.22, or	3461
2923.32, division (A)(1) or (2) of section 2907.323, or division	3462
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised	3463
Code also is convicted of or pleads guilty to a specification of	3464
the type described in section 2941.1422 of the Revised Code that	3465
charges that the offender knowingly committed the offense in	3466
furtherance of human trafficking, the sentencing court shall	3467
sentence the offender to a financial sanction of restitution by	3468
the offender to the victim or any survivor of the victim, with the	3469
restitution including the costs of housing, counseling, and	3470
medical and legal assistance incurred by the victim as a direct	3471
result of the offense and the greater of the following:	3472

(i) The gross income or value to the offender of the victim's	3473
labor or services;	3474

(ii) The value of the victim's labor as guaranteed under the	3475
minimum wage and overtime provisions of the "Federal Fair Labor	3476
Standards Act of 1938," 52 Stat. 1060, 20 U.S.C. 207, and state	3477
labor laws.	3478

(b) If a court imposing sentence upon an offender for a	3479
felony is required to impose upon the offender a financial	3480
sanction of restitution under division (B)(8)(a) of this section,	3481
in addition to that financial sanction of restitution, the court	3482
may sentence the offender to any other financial sanction or	3483
combination of financial sanctions authorized under this section,	3484
including a restitution sanction under division (A)(1) of this	3485
section.	3486

(C)(1) The offender shall pay reimbursements imposed upon the	3487
offender pursuant to division (A)(5)(a) of this section to pay the	3488
costs incurred by the department of rehabilitation and correction	3489
in operating a prison or other facility used to confine offenders	3490
pursuant to sanctions imposed under section 2929.14, 2929.142, or	3491
2929.16 of the Revised Code to the treasurer of state. The	3492
treasurer of state shall deposit the reimbursements in the	3493
confinement cost reimbursement fund that is hereby created in the	3494
state treasury. The department of rehabilitation and correction	3495
shall use the amounts deposited in the fund to fund the operation	3496
of facilities used to confine offenders pursuant to sections	3497
2929.14, 2929.142, and 2929.16 of the Revised Code.	3498

(2) Except as provided in section 2951.021 of the Revised	3499
Code, the offender shall pay reimbursements imposed upon the	3500
offender pursuant to division (A)(5)(a) of this section to pay the	3501
costs incurred by a county pursuant to any sanction imposed under	3502
this section or section 2929.16 or 2929.17 of the Revised Code or	3503
in operating a facility used to confine offenders pursuant to a	3504
sanction imposed under section 2929.16 of the Revised Code to the	3505
county treasurer. The county treasurer shall deposit the	3506
reimbursements in the sanction cost reimbursement fund that each	3507
board of county commissioners shall create in its county treasury.	3508
The county shall use the amounts deposited in the fund to pay the	3509
costs incurred by the county pursuant to any sanction imposed	3510
under this section or section 2929.16 or 2929.17 of the Revised	3511
Code or in operating a facility used to confine offenders pursuant	3512
to a sanction imposed under section 2929.16 of the Revised Code.	3513

(3) Except as provided in section 2951.021 of the Revised	3514
Code, the offender shall pay reimbursements imposed upon the	3515
offender pursuant to division (A)(5)(a) of this section to pay the	3516
costs incurred by a municipal corporation pursuant to any sanction	3517
imposed under this section or section 2929.16 or 2929.17 of the	3518
Revised Code or in operating a facility used to confine offenders	3519
pursuant to a sanction imposed under section 2929.16 of the	3520
Revised Code to the treasurer of the municipal corporation. The	3521
treasurer shall deposit the reimbursements in a special fund that	3522
shall be established in the treasury of each municipal	3523
corporation. The municipal corporation shall use the amounts	3524
deposited in the fund to pay the costs incurred by the municipal	3525
corporation pursuant to any sanction imposed under this section or	3526
section 2929.16 or 2929.17 of the Revised Code or in operating a	3527
facility used to confine offenders pursuant to a sanction imposed	3528
under section 2929.16 of the Revised Code.	3529

(4) Except as provided in section 2951.021 of the Revised	3530
Code, the offender shall pay reimbursements imposed pursuant to	3531
division (A)(5)(a) of this section for the costs incurred by a	3532
private provider pursuant to a sanction imposed under this section	3533
or section 2929.16 or 2929.17 of the Revised Code to the provider.	3534

(D) Except as otherwise provided in this division, a	3535
financial sanction imposed pursuant to division (A) or (B) of this	3536
section is a judgment in favor of the state or a political	3537
subdivision in which the court that imposed the financial sanction	3538
is located, and the offender subject to the financial sanction is	3539
the judgment debtor. A financial sanction of reimbursement imposed	3540
pursuant to division (A)(5)(a)(ii) of this section upon an	3541
offender who is incarcerated in a state facility or a municipal	3542
jail is a judgment in favor of the state or the municipal	3543
corporation, and the offender subject to the financial sanction is	3544
the judgment debtor. A financial sanction of reimbursement imposed	3545
upon an offender pursuant to this section for costs incurred by a	3546
private provider of sanctions is a judgment in favor of the	3547
private provider, and the offender subject to the financial	3548
sanction is the judgment debtor. A financial sanction of	3549
restitution imposed pursuant to division (A)(1) or (B)(8) of this	3550
section is an order in favor of the victim of the offender's	3551
criminal act that can be collected through execution as described	3552
in division (D)(1) of this section or through an order as	3553
described in division (D)(2) of this section, and the offender	3554
shall be considered for purposes of the collection as the	3555
judgment debtor. Imposition of a financial sanction and execution	3556
on the judgment does not preclude any other power of the court to	3557
impose or enforce sanctions on the offender. Once the financial	3558
sanction is imposed as a judgment or order under this division,	3559
the victim, private provider, state, or political subdivision may	3560
bring an action to do any of the following:	3561

(1) Obtain execution of the judgment or order through any	3562
available procedure, including:	3563

(a) An execution against the property of the judgment debtor	3564
under Chapter 2329. of the Revised Code;	3565

(b) An execution against the person of the judgment debtor	3566
under Chapter 2331. of the Revised Code;	3567

(c) A proceeding in aid of execution under Chapter 2333. of	3568
the Revised Code, including:	3569

(i) A proceeding for the examination of the judgment debtor	3570
under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27	3571
of the Revised Code;	3572

(ii) A proceeding for attachment of the person of the	3573
judgment debtor under section 2333.28 of the Revised Code;	3574

(iii) A creditor's suit under section 2333.01 of the Revised	3575
Code.	3576

(d) The attachment of the property of the judgment debtor	3577
under Chapter 2715. of the Revised Code;	3578

(e) The garnishment of the property of the judgment debtor	3579
under Chapter 2716. of the Revised Code.	3580

(2) Obtain an order for the assignment of wages of the	3581
judgment debtor under section 1321.33 of the Revised Code.	3582

(E) A court that imposes a financial sanction upon an	3583
offender may hold a hearing if necessary to determine whether the	3584
offender is able to pay the sanction or is likely in the future to	3585
be able to pay it.	3586

(F) Each court imposing a financial sanction upon an offender	3587
under this section or under section 2929.32 of the Revised Code	3588
may designate the clerk of the court or another person to collect	3589
the financial sanction. The clerk or other person authorized by	3590
law or the court to collect the financial sanction may enter into	3591
contracts with one or more public agencies or private vendors for	3592
the collection of, amounts due under the financial sanction	3593
imposed pursuant to this section or section 2929.32 of the Revised	3594
Code. Before entering into a contract for the collection of	3595
amounts due from an offender pursuant to any financial sanction	3596
imposed pursuant to this section or section 2929.32 of the Revised	3597
Code, a court shall comply with sections 307.86 to 307.92 of the	3598
Revised Code.	3599

(G) If a court that imposes a financial sanction under	3600
division (A) or (B) of this section finds that an offender	3601
satisfactorily has completed all other sanctions imposed upon the	3602
offender and that all restitution that has been ordered has been	3603
paid as ordered, the court may suspend any financial sanctions	3604
imposed pursuant to this section or section 2929.32 of the Revised	3605
Code that have not been paid.	3606

(H) No financial sanction imposed under this section or	3607
section 2929.32 of the Revised Code shall preclude a victim from	3608
bringing a civil action against the offender.	3609

Sec. 2929.24.  (A) Except as provided in section 2929.22 or	3610
2929.23 of the Revised Code or division (E) or (F) of this section	3611
and unless another term is required or authorized pursuant to law,	3612
if the sentencing court imposing a sentence upon an offender for a	3613
misdemeanor elects or is required to impose a jail term on the	3614
offender pursuant to this chapter, the court shall impose a	3615
definite jail term that shall be one of the following:	3616

(1) For a misdemeanor of the first degree, not more than one	3617
hundred eighty days;	3618

(2) For a misdemeanor of the second degree, not more than	3619
ninety days;	3620

(3) For a misdemeanor of the third degree, not more than	3621
sixty days;	3622

(4) For a misdemeanor of the fourth degree, not more than	3623
thirty days.	3624

(B) A court that sentences an offender to a jail term under	3625
this section may permit the offender to serve the sentence in	3626
intermittent confinement or may authorize a limited release of the	3627
offender as provided in division (B) of section 2929.26 of the	3628
Revised Code.	3629

(C) If a court sentences an offender to a jail term under	3630
this section and the court assigns the offender to a county jail	3631
that has established a county jail industry program pursuant to	3632
section 5147.30 of the Revised Code, the court shall specify, as	3633
part of the sentence, whether the offender may be considered for	3634
participation in the program. During the offender's term in the	3635
county jail, the court retains jurisdiction to modify its	3636
specification regarding the offender's participation in the county	3637
jail industry program.	3638

(D) If a person is sentenced to a jail term pursuant to this	3639
section, the court may impose as part of the sentence pursuant to	3640
section 2929.28 of the Revised Code a reimbursement sanction, and,	3641
if the local detention facility in which the term is to be served	3642
is covered by a policy adopted pursuant to section 307.93, 341.14,	3643
341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or	3644
2947.19 of the Revised Code and section 2929.37 of the Revised	3645
Code, both of the following apply:	3646

(1) The court shall specify both of the following as part of	3647
the sentence:	3648

(a) If the person is presented with an itemized bill pursuant	3649
to section 2929.37 of the Revised Code for payment of the costs of	3650
confinement, the person is required to pay the bill in accordance	3651
with that section.	3652

(b) If the person does not dispute the bill described in	3653
division (D)(1)(a) of this section and does not pay the bill by	3654
the times specified in section 2929.37 of the Revised Code, the	3655
clerk of the court may issue a certificate of judgment against the	3656
person as described in that section.	3657

(2) The sentence automatically includes any certificate of	3658
judgment issued as described in division (D)(1)(b) of this	3659
section.	3660

(E) If an offender who is convicted of or pleads guilty to a	3661
violation of division (B) of section 4511.19 of the Revised Code	3662
also is convicted of or also pleads guilty to a specification of	3663
the type described in section 2941.1416 of the Revised Code and if	3664
the court imposes a jail term on the offender for the underlying	3665
offense, the court shall impose upon the offender an additional	3666
definite jail term of not more than six months. The additional	3667
jail term shall not be reduced pursuant to any provision of the	3668
Revised Code. The offender shall serve the additional jail term	3669
consecutively to and prior to the jail term imposed for the	3670
underlying offense and consecutively to any other mandatory term	3671
imposed in relation to the offense.	3672

(F)(1) If an offender is convicted of or pleads guilty to a	3673
misdemeanor violation of section 2907.23, 2907.24, 2907.241, or	3674
2907.25 of the Revised Code and to a specification of the type	3675
described in section 2941.1421 of the Revised Code and if the	3676
court imposes a jail term on the offender for the misdemeanor	3677
violation, the court may impose upon the offender an additional	3678
definite jail term as follows:	3679

(a) Subject to division (F)(1)(b) of this section, an	3680
additional definite jail term of not more than sixty days;	3681

(b) If the offender previously has been convicted of or	3682
pleaded guilty to one or more misdemeanor or felony violations of	3683
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	3684
Revised Code and also was convicted of or pleaded guilty to a	3685
specification of the type described in section 2941.1421 of the	3686
Revised Code regarding one or more of those violations, an	3687
additional definite jail term of not more than one hundred twenty	3688
days.	3689

(2) In lieu of imposing an additional definite jail term	3690
under division (F)(1) of this section, the court may directly	3691
impose on the offender a sanction that requires the offender to	3692
wear a real-time processing, continual tracking electronic	3693
monitoring device during the period of time specified by the	3694
court. The period of time specified by the court shall equal the	3695
duration of an additional jail term that the court could have	3696
imposed upon the offender under division (F)(1) of this section. A	3697
sanction imposed under this division shall commence on the date	3698
specified by the court, provided that the sanction shall not	3699
commence until after the offender has served the jail term imposed	3700
for the misdemeanor violation of section 2907.23, 2907.24,	3701
2907.241, or 2907.25 of the Revised Code and any residential	3702
sanction imposed for the violation under section 2929.26 of the	3703
Revised Code. A sanction imposed under this division shall be	3704
considered to be a community control sanction for purposes of	3705
section 2929.25 of the Revised Code, and all provisions of the	3706
Revised Code that pertain to community control sanctions shall	3707
apply to a sanction imposed under this division, except to the	3708
extent that they would by their nature be clearly inapplicable.	3709
The offender shall pay all costs associated with a sanction	3710
imposed under this division, including the cost of the use of the	3711
monitoring device.	3712

(G) If an offender is convicted of or pleads guilty to a	3713
misdemeanor violation of section 2903.13 of the Revised Code and	3714
also is convicted of or pleads guilty to a specification of the	3715
type described in section 2941.1423 of the Revised Code that	3716
charges that the victim of the violation was a woman whom the	3717
offender knew was pregnant at the time of the violation, the court	3718
shall impose on the offender a mandatory jail term that is a	3719
definite term of at least thirty days.	3720

Sec. 2941.1422. (A) Imposition of a mandatory prison term	3721
under division (D)(7) of section 2929.14 of the Revised Code is	3722
precluded unless the offender is convicted of or pleads guilty to	3723
a felony violation of section 2905.01, 2905.02, 2907.21, 2907.22,	3724
or 2923.32, division (A)(1) or (2) of section 2907.323, or	3725
division (B)(1), (2), (3), (4), or (5) of section 2919.22 of the	3726
Revised Code and unless the indictment, count in the indictment,	3727
or information charging the offense specifies that the offender	3728
knowingly committed the offense in furtherance of human	3729
trafficking. The specification shall be stated at the end of the	3730
body of the indictment, count, or information and shall be stated	3731
in substantially the following form:	3732

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	3733
Grand Jurors (or insert the person's or the prosecuting attorney's	3734
name when appropriate) further find and specify that (set forth	3735
that the defendant knowingly committed the offense in furtherance	3736
of human trafficking)."	3737

(B) As used in this section, "human trafficking" has the same	3738
meaning as in section 2929.01 of the Revised Code.	3739

Sec. 2941.1423.  Imposition of a mandatory prison term under	3740
division (D)(8) of section 2929.14 of the Revised Code or a	3741
mandatory jail term under division (F) of section 2929.24 of the	3742
Revised Code is precluded unless the offender is convicted of or	3743
pleads guilty to a violation of section 2903.11, 2903.12, or	3744
2903.13 of the Revised Code and unless the indictment, count in	3745
the indictment, or information charging the offense specifies the	3746
victim of the offense was a woman whom the offender knew was	3747
pregnant at the time of the offense. The specification shall be	3748
stated at the end of the body of the indictment, count, or	3749
information and shall be stated in substantially the following	3750
form:	3751

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	3752
Grand Jurors (or insert the person's or prosecuting attorney's	3753
name when appropriate) further find and specify that (set forth	3754
that the victim of the offense was a woman whom the defendant knew	3755
was pregnant at the time of the offense)."	3756

Sec. 3701.791. (A) As used in this section, "medical	3757
emergency" means a condition of a pregnant woman that, in the	3758
reasonable judgment of the physician who is attending the woman,	3759
creates an immediate threat of serious risk to the life or	3760
physical health of the woman from the continuation of the	3761
pregnancy necessitating the immediate performance or inducement of	3762
an abortion.	3763

(B) Except as provided in division (D) of this section, an	3764
office or facility at which abortions are performed or induced	3765
shall post the notice described in division (C) of this section in	3766
a conspicuous location in an area of the office or facility that	3767
is accessible to all patients, employees, and visitors.	3768

The notice shall be displayed on a poster with dimensions of	3769
at least seventeen inches by eleven inches. The first two	3770
sentences of the notice shall be printed in at least a	3771
forty-four-point typeface and the remaining lines shall be in at	3772
least a thirty-point typeface.	3773

(C) The department of health shall publish the following	3774
notice on its internet web site in a manner that can be copied and	3775
produced in poster form:	3776

"NO ONE CAN FORCE YOU TO HAVE AN ABORTION.

3777

NO ONE – NOT A PARENT, NOT A HUSBAND, NOT A BOYFRIEND – NO	3778
ONE.	3779

Under Ohio law, an abortion cannot be legally performed on	3780
anyone, regardless of her age, unless she VOLUNTARILY CONSENTS to	3781
having the abortion.	3782

Ohio law requires that, before an abortion can legally be	3783
performed, the pregnant female must sign a form indicating that	3784
she consents to having the abortion "voluntarily" and "WITHOUT	3785
COERCION BY ANY PERSON."	3786

IF SOMEONE IS TRYING TO FORCE YOU TO HAVE AN ABORTION AGAINST	3787
YOUR WILL:	3788

DO NOT SIGN THE CONSENT FORM

3789

IF YOU ARE AT AN ABORTION FACILITY, TELL AN EMPLOYEE OF THE	3790
FACILITY THAT SOMEONE IS TRYING TO FORCE YOU TO HAVE AN ABORTION."	3791

(D) Division (B) of this section does not apply to an office	3792
or facility at which abortions are performed or induced due only	3793
to a medical emergency.	3794

Sec. 3702.30.  (A) As used in this section:

3795

(1) "Ambulatory surgical facility" means a facility, whether	3796
or not part of the same organization as a hospital, that is	3797
located in a building distinct from another in which inpatient	3798
care is provided, and to which any of the following apply:	3799

(a) Outpatient surgery is routinely performed in the	3800
facility, and the facility functions separately from a hospital's	3801
inpatient surgical service and from the offices of private	3802
physicians, podiatrists, and dentists.	3803

(b) Anesthesia is administered in the facility by an	3804
anesthesiologist or certified registered nurse anesthetist, and	3805
the facility functions separately from a hospital's inpatient	3806
surgical service and from the offices of private physicians,	3807
podiatrists, and dentists.	3808

(c) The facility applies to be certified by the United States	3809
centers for medicare and medicaid services as an ambulatory	3810
surgical center for purposes of reimbursement under Part B of the	3811
medicare program, Part B of Title XVIII of the "Social Security	3812
Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	3813

(d) The facility applies to be certified by a national	3814
accrediting body approved by the centers for medicare and medicaid	3815
services for purposes of deemed compliance with the conditions for	3816
participating in the medicare program as an ambulatory surgical	3817
center.	3818

(e) The facility bills or receives from any third-party	3819
payer, governmental health care program, or other person or	3820
government entity any ambulatory surgical facility fee that is	3821
billed or paid in addition to any fee for professional services.	3822

(f) The facility is held out to any person or government	3823
entity as an ambulatory surgical facility or similar facility by	3824
means of signage, advertising, or other promotional efforts.	3825

"Ambulatory surgical facility" does not include a hospital	3826
emergency department.	3827

(2) "Ambulatory surgical facility fee" means a fee for	3828
certain overhead costs associated with providing surgical services	3829
in an outpatient setting. A fee is an ambulatory surgical facility	3830
fee only if it directly or indirectly pays for costs associated	3831
with any of the following:	3832

(a) Use of operating and recovery rooms, preparation areas,	3833
and waiting rooms and lounges for patients and relatives;	3834

(b) Administrative functions, record keeping, housekeeping,	3835
utilities, and rent;	3836

(c) Services provided by nurses, orderlies, technical	3837
personnel, and others involved in patient care related to	3838
providing surgery.	3839

"Ambulatory surgical facility fee" does not include any	3840
additional payment in excess of a professional fee that is	3841
provided to encourage physicians, podiatrists, and dentists to	3842
perform certain surgical procedures in their office or their group	3843
practice's office rather than a health care facility, if the	3844
purpose of the additional fee is to compensate for additional cost	3845
incurred in performing office-based surgery.	3846

(3) "Governmental health care program" has the same meaning	3847
as in section 4731.65 of the Revised Code.	3848

(4) "Health care facility" means any of the following:

3849

(a) An ambulatory surgical facility;

3850

(b) A freestanding dialysis center;

3851

(c) A freestanding inpatient rehabilitation facility;

3852

(d) A freestanding birthing center;

3853

(e) A freestanding radiation therapy center;

3854

(f) A freestanding or mobile diagnostic imaging center.

3855

(5) "Third-party payer" has the same meaning as in section	3856
3901.38 of the Revised Code.	3857

(B) By rule adopted in accordance with sections 3702.12 and	3858
3702.13 of the Revised Code, the director of health shall	3859
establish quality standards for health care facilities. The	3860
standards may incorporate accreditation standards or other quality	3861
standards established by any entity recognized by the director.	3862

(C) Every ambulatory surgical facility shall require that	3863
each physician who practices at the facility comply with all	3864
relevant provisions in the Revised Code that relate to the	3865
obtaining of informed consent from a patient.	3866

(D) The director shall issue a license to each health care	3867
facility that makes application for a license and demonstrates to	3868
the director that it meets the quality standards established by	3869
the rules adopted under division (B) of this section and satisfies	3870
the informed consent compliance requirements specified in division	3871
(C) of this section.	3872

(E)(1) Except as provided in section 3702.301 of the Revised	3873
Code, no health care facility shall operate without a license	3874
issued under this section.	3875

(2) If the department of health finds that a physician who	3876
practices at a health care facility is not complying with any	3877
provision of the Revised Code related to the obtaining of informed	3878
consent from a patient, the department shall report its finding to	3879
the state medical board, the physician, and the health care	3880
facility.	3881

(3) This division does not create, and shall not be construed	3882
as creating, a new cause of action or substantive legal right	3883
against a health care facility and in favor of a patient who	3884
allegedly sustains harm as a result of the failure of the	3885
patient's physician to obtain informed consent from the patient	3886
prior to performing a procedure on or otherwise caring for the	3887
patient in the health care facility.	3888

(F) The rules adopted under division (B) of this section	3889
shall include all of the following:	3890

(1) Provisions governing application for, renewal,	3891
suspension, and revocation of a license under this section;	3892

(2) Provisions governing orders issued pursuant to section	3893
3702.32 of the Revised Code for a health care facility to cease	3894
its operations or to prohibit certain types of services provided	3895
by a health care facility;	3896

(3) Provisions governing the imposition under section 3702.32	3897
of the Revised Code of civil penalties for violations of this	3898
section or the rules adopted under this section, including a scale	3899
for determining the amount of the penalties.	3900

(G) An ambulatory surgical facility that performs or induces	3901
abortions shall comply with section 3701.791 of the Revised Code.	3902

Sec. 4731.22.  (A) The state medical board, by an affirmative	3903
vote of not fewer than six of its members, may revoke or may	3904
refuse to grant a certificate to a person found by the board to	3905
have committed fraud during the administration of the examination	3906
for a certificate to practice or to have committed fraud,	3907
misrepresentation, or deception in applying for or securing any	3908
certificate to practice or certificate of registration issued by	3909
the board.	3910

(B) The board, by an affirmative vote of not fewer than six	3911
members, shall, to the extent permitted by law, limit, revoke, or	3912
suspend an individual's certificate to practice, refuse to	3913
register an individual, refuse to reinstate a certificate, or	3914
reprimand or place on probation the holder of a certificate for	3915
one or more of the following reasons:	3916

(1) Permitting one's name or one's certificate to practice or	3917
certificate of registration to be used by a person, group, or	3918
corporation when the individual concerned is not actually	3919
directing the treatment given;	3920

(2) Failure to maintain minimal standards applicable to the	3921
selection or administration of drugs, or failure to employ	3922
acceptable scientific methods in the selection of drugs or other	3923
modalities for treatment of disease;	3924

(3) Selling, giving away, personally furnishing, prescribing,	3925
or administering drugs for other than legal and legitimate	3926
therapeutic purposes or a plea of guilty to, a judicial finding of	3927
guilt of, or a judicial finding of eligibility for intervention in	3928
lieu of conviction of, a violation of any federal or state law	3929
regulating the possession, distribution, or use of any drug;	3930

(4) Willfully betraying a professional confidence.

3931

For purposes of this division, "willfully betraying a	3932
professional confidence" does not include providing any	3933
information, documents, or reports to a child fatality review	3934
board under sections 307.621 to 307.629 of the Revised Code and	3935
does not include the making of a report of an employee's use of a	3936
drug of abuse, or a report of a condition of an employee other	3937
than one involving the use of a drug of abuse, to the employer of	3938
the employee as described in division (B) of section 2305.33 of	3939
the Revised Code. Nothing in this division affects the immunity	3940
from civil liability conferred by that section upon a physician	3941
who makes either type of report in accordance with division (B) of	3942
that section. As used in this division, "employee," "employer,"	3943
and "physician" have the same meanings as in section 2305.33 of	3944
the Revised Code.	3945

(5) Making a false, fraudulent, deceptive, or misleading	3946
statement in the solicitation of or advertising for patients; in	3947
relation to the practice of medicine and surgery, osteopathic	3948
medicine and surgery, podiatric medicine and surgery, or a limited	3949
branch of medicine; or in securing or attempting to secure any	3950
certificate to practice or certificate of registration issued by	3951
the board.	3952

As used in this division, "false, fraudulent, deceptive, or	3953
misleading statement" means a statement that includes a	3954
misrepresentation of fact, is likely to mislead or deceive because	3955
of a failure to disclose material facts, is intended or is likely	3956
to create false or unjustified expectations of favorable results,	3957
or includes representations or implications that in reasonable	3958
probability will cause an ordinarily prudent person to	3959
misunderstand or be deceived.	3960

(6) A departure from, or the failure to conform to, minimal	3961
standards of care of similar practitioners under the same or	3962
similar circumstances, whether or not actual injury to a patient	3963
is established;	3964

(7) Representing, with the purpose of obtaining compensation	3965
or other advantage as personal gain or for any other person, that	3966
an incurable disease or injury, or other incurable condition, can	3967
be permanently cured;	3968

(8) The obtaining of, or attempting to obtain, money or	3969
anything of value by fraudulent misrepresentations in the course	3970
of practice;	3971

(9) A plea of guilty to, a judicial finding of guilt of, or a	3972
judicial finding of eligibility for intervention in lieu of	3973
conviction for, a felony;	3974

(10) Commission of an act that constitutes a felony in this	3975
state, regardless of the jurisdiction in which the act was	3976
committed;	3977

(11) A plea of guilty to, a judicial finding of guilt of, or	3978
a judicial finding of eligibility for intervention in lieu of	3979
conviction for, a misdemeanor committed in the course of practice;	3980

(12) Commission of an act in the course of practice that	3981
constitutes a misdemeanor in this state, regardless of the	3982
jurisdiction in which the act was committed;	3983

(13) A plea of guilty to, a judicial finding of guilt of, or	3984
a judicial finding of eligibility for intervention in lieu of	3985
conviction for, a misdemeanor involving moral turpitude;	3986

(14) Commission of an act involving moral turpitude that	3987
constitutes a misdemeanor in this state, regardless of the	3988
jurisdiction in which the act was committed;	3989

(15) Violation of the conditions of limitation placed by the	3990
board upon a certificate to practice;	3991

(16) Failure to pay license renewal fees specified in this	3992
chapter;	3993

(17) Except as authorized in section 4731.31 of the Revised	3994
Code, engaging in the division of fees for referral of patients,	3995
or the receiving of a thing of value in return for a specific	3996
referral of a patient to utilize a particular service or business;	3997

(18) Subject to section 4731.226 of the Revised Code,	3998
violation of any provision of a code of ethics of the American	3999
medical association, the American osteopathic association, the	4000
American podiatric medical association, or any other national	4001
professional organizations that the board specifies by rule. The	4002
state medical board shall obtain and keep on file current copies	4003
of the codes of ethics of the various national professional	4004
organizations. The individual whose certificate is being suspended	4005
or revoked shall not be found to have violated any provision of a	4006
code of ethics of an organization not appropriate to the	4007
individual's profession.	4008

For purposes of this division, a "provision of a code of	4009
ethics of a national professional organization" does not include	4010
any provision that would preclude the making of a report by a	4011
physician of an employee's use of a drug of abuse, or of a	4012
condition of an employee other than one involving the use of a	4013
drug of abuse, to the employer of the employee as described in	4014
division (B) of section 2305.33 of the Revised Code. Nothing in	4015
this division affects the immunity from civil liability conferred	4016
by that section upon a physician who makes either type of report	4017
in accordance with division (B) of that section. As used in this	4018
division, "employee," "employer," and "physician" have the same	4019
meanings as in section 2305.33 of the Revised Code.	4020

(19) Inability to practice according to acceptable and	4021
prevailing standards of care by reason of mental illness or	4022
physical illness, including, but not limited to, physical	4023
deterioration that adversely affects cognitive, motor, or	4024
perceptive skills.	4025

In enforcing this division, the board, upon a showing of a	4026
possible violation, may compel any individual authorized to	4027
practice by this chapter or who has submitted an application	4028
pursuant to this chapter to submit to a mental examination,	4029
physical examination, including an HIV test, or both a mental and	4030
a physical examination. The expense of the examination is the	4031
responsibility of the individual compelled to be examined. Failure	4032
to submit to a mental or physical examination or consent to an HIV	4033
test ordered by the board constitutes an admission of the	4034
allegations against the individual unless the failure is due to	4035
circumstances beyond the individual's control, and a default and	4036
final order may be entered without the taking of testimony or	4037
presentation of evidence. If the board finds an individual unable	4038
to practice because of the reasons set forth in this division, the	4039
board shall require the individual to submit to care, counseling,	4040
or treatment by physicians approved or designated by the board, as	4041
a condition for initial, continued, reinstated, or renewed	4042
authority to practice. An individual affected under this division	4043
shall be afforded an opportunity to demonstrate to the board the	4044
ability to resume practice in compliance with acceptable and	4045
prevailing standards under the provisions of the individual's	4046
certificate. For the purpose of this division, any individual who	4047
applies for or receives a certificate to practice under this	4048
chapter accepts the privilege of practicing in this state and, by	4049
so doing, shall be deemed to have given consent to submit to a	4050
mental or physical examination when directed to do so in writing	4051
by the board, and to have waived all objections to the	4052
admissibility of testimony or examination reports that constitute	4053
a privileged communication.	4054

(20) Except when civil penalties are imposed under section	4055
4731.225 or 4731.281 of the Revised Code, and subject to section	4056
4731.226 of the Revised Code, violating or attempting to violate,	4057
directly or indirectly, or assisting in or abetting the violation	4058
of, or conspiring to violate, any provisions of this chapter or	4059
any rule promulgated by the board.	4060

This division does not apply to a violation or attempted	4061
violation of, assisting in or abetting the violation of, or a	4062
conspiracy to violate, any provision of this chapter or any rule	4063
adopted by the board that would preclude the making of a report by	4064
a physician of an employee's use of a drug of abuse, or of a	4065
condition of an employee other than one involving the use of a	4066
drug of abuse, to the employer of the employee as described in	4067
division (B) of section 2305.33 of the Revised Code. Nothing in	4068
this division affects the immunity from civil liability conferred	4069
by that section upon a physician who makes either type of report	4070
in accordance with division (B) of that section. As used in this	4071
division, "employee," "employer," and "physician" have the same	4072
meanings as in section 2305.33 of the Revised Code.	4073

(21) The violation of section 3701.79 of the Revised Code or	4074
of any abortion rule adopted by the public health council pursuant	4075
to section 3701.341 of the Revised Code;	4076

(22) Any of the following actions taken by the agency	4077
responsible for regulating the practice of medicine and surgery,	4078
osteopathic medicine and surgery, podiatric medicine and surgery,	4079
or the limited branches of medicine in another jurisdiction, for	4080
any reason other than the nonpayment of fees: the limitation,	4081
revocation, or suspension of an individual's license to practice;	4082
acceptance of an individual's license surrender; denial of a	4083
license; refusal to renew or reinstate a license; imposition of	4084
probation; or issuance of an order of censure or other reprimand;	4085

(23) The violation of section 2919.12 of the Revised Code or	4086
the performance or inducement of an abortion upon a pregnant woman	4087
with actual knowledge that the conditions specified in division	4088
(B) of section 2317.56 of the Revised Code have not been satisfied	4089
or with a heedless indifference as to whether those conditions	4090
have been satisfied, unless an affirmative defense as specified in	4091
division (H)(2) of that section would apply in a civil action	4092
authorized by division (H)(1) of that section;	4093

(24) The revocation, suspension, restriction, reduction, or	4094
termination of clinical privileges by the United States department	4095
of defense or department of veterans affairs or the termination or	4096
suspension of a certificate of registration to prescribe drugs by	4097
the drug enforcement administration of the United States	4098
department of justice;	4099

(25) Termination or suspension from participation in the	4100
medicare or medicaid programs by the department of health and	4101
human services or other responsible agency for any act or acts	4102
that also would constitute a violation of division (B)(2), (3),	4103
(6), (8), or (19) of this section;	4104

(26) Impairment of ability to practice according to	4105
acceptable and prevailing standards of care because of habitual or	4106
excessive use or abuse of drugs, alcohol, or other substances that	4107
impair ability to practice.	4108

For the purposes of this division, any individual authorized	4109
to practice by this chapter accepts the privilege of practicing in	4110
this state subject to supervision by the board. By filing an	4111
application for or holding a certificate to practice under this	4112
chapter, an individual shall be deemed to have given consent to	4113
submit to a mental or physical examination when ordered to do so	4114
by the board in writing, and to have waived all objections to the	4115
admissibility of testimony or examination reports that constitute	4116
privileged communications.	4117

If it has reason to believe that any individual authorized to	4118
practice by this chapter or any applicant for certification to	4119
practice suffers such impairment, the board may compel the	4120
individual to submit to a mental or physical examination, or both.	4121
The expense of the examination is the responsibility of the	4122
individual compelled to be examined. Any mental or physical	4123
examination required under this division shall be undertaken by a	4124
treatment provider or physician who is qualified to conduct the	4125
examination and who is chosen by the board.	4126

Failure to submit to a mental or physical examination ordered	4127
by the board constitutes an admission of the allegations against	4128
the individual unless the failure is due to circumstances beyond	4129
the individual's control, and a default and final order may be	4130
entered without the taking of testimony or presentation of	4131
evidence. If the board determines that the individual's ability to	4132
practice is impaired, the board shall suspend the individual's	4133
certificate or deny the individual's application and shall require	4134
the individual, as a condition for initial, continued, reinstated,	4135
or renewed certification to practice, to submit to treatment.	4136

Before being eligible to apply for reinstatement of a	4137
certificate suspended under this division, the impaired	4138
practitioner shall demonstrate to the board the ability to resume	4139
practice in compliance with acceptable and prevailing standards of	4140
care under the provisions of the practitioner's certificate. The	4141
demonstration shall include, but shall not be limited to, the	4142
following:	4143

(a) Certification from a treatment provider approved under	4144
section 4731.25 of the Revised Code that the individual has	4145
successfully completed any required inpatient treatment;	4146

(b) Evidence of continuing full compliance with an aftercare	4147
contract or consent agreement;	4148

(c) Two written reports indicating that the individual's	4149
ability to practice has been assessed and that the individual has	4150
been found capable of practicing according to acceptable and	4151
prevailing standards of care. The reports shall be made by	4152
individuals or providers approved by the board for making the	4153
assessments and shall describe the basis for their determination.	4154

The board may reinstate a certificate suspended under this	4155
division after that demonstration and after the individual has	4156
entered into a written consent agreement.	4157

When the impaired practitioner resumes practice, the board	4158
shall require continued monitoring of the individual. The	4159
monitoring shall include, but not be limited to, compliance with	4160
the written consent agreement entered into before reinstatement or	4161
with conditions imposed by board order after a hearing, and, upon	4162
termination of the consent agreement, submission to the board for	4163
at least two years of annual written progress reports made under	4164
penalty of perjury stating whether the individual has maintained	4165
sobriety.	4166

(27) A second or subsequent violation of section 4731.66 or	4167
4731.69 of the Revised Code;	4168

(28) Except as provided in division (N) of this section:

4169

(a) Waiving the payment of all or any part of a deductible or	4170
copayment that a patient, pursuant to a health insurance or health	4171
care policy, contract, or plan that covers the individual's	4172
services, otherwise would be required to pay if the waiver is used	4173
as an enticement to a patient or group of patients to receive	4174
health care services from that individual;	4175

(b) Advertising that the individual will waive the payment of	4176
all or any part of a deductible or copayment that a patient,	4177
pursuant to a health insurance or health care policy, contract, or	4178
plan that covers the individual's services, otherwise would be	4179
required to pay.	4180

(29) Failure to use universal blood and body fluid	4181
precautions established by rules adopted under section 4731.051 of	4182
the Revised Code;	4183

(30) Failure to provide notice to, and receive acknowledgment	4184
of the notice from, a patient when required by section 4731.143 of	4185
the Revised Code prior to providing nonemergency professional	4186
services, or failure to maintain that notice in the patient's	4187
file;	4188

(31) Failure of a physician supervising a physician assistant	4189
to maintain supervision in accordance with the requirements of	4190
Chapter 4730. of the Revised Code and the rules adopted under that	4191
chapter;	4192

(32) Failure of a physician or podiatrist to enter into a	4193
standard care arrangement with a clinical nurse specialist,	4194
certified nurse-midwife, or certified nurse practitioner with whom	4195
the physician or podiatrist is in collaboration pursuant to	4196
section 4731.27 of the Revised Code or failure to fulfill the	4197
responsibilities of collaboration after entering into a standard	4198
care arrangement;	4199

(33) Failure to comply with the terms of a consult agreement	4200
entered into with a pharmacist pursuant to section 4729.39 of the	4201
Revised Code;	4202

(34) Failure to cooperate in an investigation conducted by	4203
the board under division (F) of this section, including failure to	4204
comply with a subpoena or order issued by the board or failure to	4205
answer truthfully a question presented by the board at a	4206
deposition or in written interrogatories, except that failure to	4207
cooperate with an investigation shall not constitute grounds for	4208
discipline under this section if a court of competent jurisdiction	4209
has issued an order that either quashes a subpoena or permits the	4210
individual to withhold the testimony or evidence in issue;	4211

(35) Failure to supervise an acupuncturist in accordance with	4212
Chapter 4762. of the Revised Code and the board's rules for	4213
supervision of an acupuncturist;	4214

(36) Failure to supervise an anesthesiologist assistant in	4215
accordance with Chapter 4760. of the Revised Code and the board's	4216
rules for supervision of an anesthesiologist assistant;	4217

(37) Assisting suicide as defined in section 3795.01 of the	4218
Revised Code;	4219

(38) Failure to comply with the requirements of section	4220
2317.561 of the Revised Code;	4221

(39) Failure to supervise a radiologist assistant in	4222
accordance with Chapter 4774. of the Revised Code and the board's	4223
rules for supervision of radiologist assistants;	4224

(40) Performing or inducing an abortion at an office or	4225
facility with knowledge that the office or facility fails to post	4226
the notice required under section 3701.791 of the Revised Code.	4227

(C) Disciplinary actions taken by the board under divisions	4228
(A) and (B) of this section shall be taken pursuant to an	4229
adjudication under Chapter 119. of the Revised Code, except that	4230
in lieu of an adjudication, the board may enter into a consent	4231
agreement with an individual to resolve an allegation of a	4232
violation of this chapter or any rule adopted under it. A consent	4233
agreement, when ratified by an affirmative vote of not fewer than	4234
six members of the board, shall constitute the findings and order	4235
of the board with respect to the matter addressed in the	4236
agreement. If the board refuses to ratify a consent agreement, the	4237
admissions and findings contained in the consent agreement shall	4238
be of no force or effect.	4239

If the board takes disciplinary action against an individual	4240
under division (B) of this section for a second or subsequent plea	4241
of guilty to, or judicial finding of guilt of, a violation of	4242
section 2919.123 of the Revised Code, the disciplinary action	4243
shall consist of a suspension of the individual's certificate to	4244
practice for a period of at least one year or, if determined	4245
appropriate by the board, a more serious sanction involving the	4246
individual's certificate to practice. Any consent agreement	4247
entered into under this division with an individual that pertains	4248
to a second or subsequent plea of guilty to, or judicial finding	4249
of guilt of, a violation of that section shall provide for a	4250
suspension of the individual's certificate to practice for a	4251
period of at least one year or, if determined appropriate by the	4252
board, a more serious sanction involving the individual's	4253
certificate to practice.	4254

(D) For purposes of divisions (B)(10), (12), and (14) of this	4255
section, the commission of the act may be established by a finding	4256
by the board, pursuant to an adjudication under Chapter 119. of	4257
the Revised Code, that the individual committed the act. The board	4258
does not have jurisdiction under those divisions if the trial	4259
court renders a final judgment in the individual's favor and that	4260
judgment is based upon an adjudication on the merits. The board	4261
has jurisdiction under those divisions if the trial court issues	4262
an order of dismissal upon technical or procedural grounds.	4263

(E) The sealing of conviction records by any court shall have	4264
no effect upon a prior board order entered under this section or	4265
upon the board's jurisdiction to take action under this section	4266
if, based upon a plea of guilty, a judicial finding of guilt, or a	4267
judicial finding of eligibility for intervention in lieu of	4268
conviction, the board issued a notice of opportunity for a hearing	4269
prior to the court's order to seal the records. The board shall	4270
not be required to seal, destroy, redact, or otherwise modify its	4271
records to reflect the court's sealing of conviction records.	4272

(F)(1) The board shall investigate evidence that appears to	4273
show that a person has violated any provision of this chapter or	4274
any rule adopted under it. Any person may report to the board in a	4275
signed writing any information that the person may have that	4276
appears to show a violation of any provision of this chapter or	4277
any rule adopted under it. In the absence of bad faith, any person	4278
who reports information of that nature or who testifies before the	4279
board in any adjudication conducted under Chapter 119. of the	4280
Revised Code shall not be liable in damages in a civil action as a	4281
result of the report or testimony. Each complaint or allegation of	4282
a violation received by the board shall be assigned a case number	4283
and shall be recorded by the board.	4284

(2) Investigations of alleged violations of this chapter or	4285
any rule adopted under it shall be supervised by the supervising	4286
member elected by the board in accordance with section 4731.02 of	4287
the Revised Code and by the secretary as provided in section	4288
4731.39 of the Revised Code. The president may designate another	4289
member of the board to supervise the investigation in place of the	4290
supervising member. No member of the board who supervises the	4291
investigation of a case shall participate in further adjudication	4292
of the case.	4293

(3) In investigating a possible violation of this chapter or	4294
any rule adopted under this chapter, the board may administer	4295
oaths, order the taking of depositions, issue subpoenas, and	4296
compel the attendance of witnesses and production of books,	4297
accounts, papers, records, documents, and testimony, except that a	4298
subpoena for patient record information shall not be issued	4299
without consultation with the attorney general's office and	4300
approval of the secretary and supervising member of the board.	4301
Before issuance of a subpoena for patient record information, the	4302
secretary and supervising member shall determine whether there is	4303
probable cause to believe that the complaint filed alleges a	4304
violation of this chapter or any rule adopted under it and that	4305
the records sought are relevant to the alleged violation and	4306
material to the investigation. The subpoena may apply only to	4307
records that cover a reasonable period of time surrounding the	4308
alleged violation.	4309

On failure to comply with any subpoena issued by the board	4310
and after reasonable notice to the person being subpoenaed, the	4311
board may move for an order compelling the production of persons	4312
or records pursuant to the Rules of Civil Procedure.	4313

A subpoena issued by the board may be served by a sheriff,	4314
the sheriff's deputy, or a board employee designated by the board.	4315
Service of a subpoena issued by the board may be made by	4316
delivering a copy of the subpoena to the person named therein,	4317
reading it to the person, or leaving it at the person's usual	4318
place of residence. When the person being served is a person whose	4319
practice is authorized by this chapter, service of the subpoena	4320
may be made by certified mail, restricted delivery, return receipt	4321
requested, and the subpoena shall be deemed served on the date	4322
delivery is made or the date the person refuses to accept	4323
delivery.	4324

A sheriff's deputy who serves a subpoena shall receive the	4325
same fees as a sheriff. Each witness who appears before the board	4326
in obedience to a subpoena shall receive the fees and mileage	4327
provided for witnesses in civil cases in the courts of common	4328
pleas.	4329

(4) All hearings and investigations of the board shall be	4330
considered civil actions for the purposes of section 2305.252 of	4331
the Revised Code.	4332

(5) Information received by the board pursuant to an	4333
investigation is confidential and not subject to discovery in any	4334
civil action.	4335

The board shall conduct all investigations and proceedings in	4336
a manner that protects the confidentiality of patients and persons	4337
who file complaints with the board. The board shall not make	4338
public the names or any other identifying information about	4339
patients or complainants unless proper consent is given or, in the	4340
case of a patient, a waiver of the patient privilege exists under	4341
division (B) of section 2317.02 of the Revised Code, except that	4342
consent or a waiver of that nature is not required if the board	4343
possesses reliable and substantial evidence that no bona fide	4344
physician-patient relationship exists.	4345

The board may share any information it receives pursuant to	4346
an investigation, including patient records and patient record	4347
information, with law enforcement agencies, other licensing	4348
boards, and other governmental agencies that are prosecuting,	4349
adjudicating, or investigating alleged violations of statutes or	4350
administrative rules. An agency or board that receives the	4351
information shall comply with the same requirements regarding	4352
confidentiality as those with which the state medical board must	4353
comply, notwithstanding any conflicting provision of the Revised	4354
Code or procedure of the agency or board that applies when it is	4355
dealing with other information in its possession. In a judicial	4356
proceeding, the information may be admitted into evidence only in	4357
accordance with the Rules of Evidence, but the court shall require	4358
that appropriate measures are taken to ensure that confidentiality	4359
is maintained with respect to any part of the information that	4360
contains names or other identifying information about patients or	4361
complainants whose confidentiality was protected by the state	4362
medical board when the information was in the board's possession.	4363
Measures to ensure confidentiality that may be taken by the court	4364
include sealing its records or deleting specific information from	4365
its records.	4366

(6) On a quarterly basis, the board shall prepare a report	4367
that documents the disposition of all cases during the preceding	4368
three months. The report shall contain the following information	4369
for each case with which the board has completed its activities:	4370

(a) The case number assigned to the complaint or alleged	4371
violation;	4372

(b) The type of certificate to practice, if any, held by the	4373
individual against whom the complaint is directed;	4374

(c) A description of the allegations contained in the	4375
complaint;	4376

(d) The disposition of the case.

4377

The report shall state how many cases are still pending and	4378
shall be prepared in a manner that protects the identity of each	4379
person involved in each case. The report shall be a public record	4380
under section 149.43 of the Revised Code.	4381

(G) If the secretary and supervising member determine that	4382
there is clear and convincing evidence that an individual has	4383
violated division (B) of this section and that the individual's	4384
continued practice presents a danger of immediate and serious harm	4385
to the public, they may recommend that the board suspend the	4386
individual's certificate to practice without a prior hearing.	4387
Written allegations shall be prepared for consideration by the	4388
board.	4389

The board, upon review of those allegations and by an	4390
affirmative vote of not fewer than six of its members, excluding	4391
the secretary and supervising member, may suspend a certificate	4392
without a prior hearing. A telephone conference call may be	4393
utilized for reviewing the allegations and taking the vote on the	4394
summary suspension.	4395

The board shall issue a written order of suspension by	4396
certified mail or in person in accordance with section 119.07 of	4397
the Revised Code. The order shall not be subject to suspension by	4398
the court during pendency of any appeal filed under section 119.12	4399
of the Revised Code. If the individual subject to the summary	4400
suspension requests an adjudicatory hearing by the board, the date	4401
set for the hearing shall be within fifteen days, but not earlier	4402
than seven days, after the individual requests the hearing, unless	4403
otherwise agreed to by both the board and the individual.	4404

Any summary suspension imposed under this division shall	4405
remain in effect, unless reversed on appeal, until a final	4406
adjudicative order issued by the board pursuant to this section	4407
and Chapter 119. of the Revised Code becomes effective. The board	4408
shall issue its final adjudicative order within seventy-five days	4409
after completion of its hearing. A failure to issue the order	4410
within seventy-five days shall result in dissolution of the	4411
summary suspension order but shall not invalidate any subsequent,	4412
final adjudicative order.	4413

(H) If the board takes action under division (B)(9), (11), or	4414
(13) of this section and the judicial finding of guilt, guilty	4415
plea, or judicial finding of eligibility for intervention in lieu	4416
of conviction is overturned on appeal, upon exhaustion of the	4417
criminal appeal, a petition for reconsideration of the order may	4418
be filed with the board along with appropriate court documents.	4419
Upon receipt of a petition of that nature and supporting court	4420
documents, the board shall reinstate the individual's certificate	4421
to practice. The board may then hold an adjudication under Chapter	4422
119. of the Revised Code to determine whether the individual	4423
committed the act in question. Notice of an opportunity for a	4424
hearing shall be given in accordance with Chapter 119. of the	4425
Revised Code. If the board finds, pursuant to an adjudication held	4426
under this division, that the individual committed the act or if	4427
no hearing is requested, the board may order any of the sanctions	4428
identified under division (B) of this section.	4429

(I) The certificate to practice issued to an individual under	4430
this chapter and the individual's practice in this state are	4431
automatically suspended as of the date of the individual's second	4432
or subsequent plea of guilty to, or judicial finding of guilt of,	4433
a violation of section 2919.123 of the Revised Code, or the date	4434
the individual pleads guilty to, is found by a judge or jury to be	4435
guilty of, or is subject to a judicial finding of eligibility for	4436
intervention in lieu of conviction in this state or treatment or	4437
intervention in lieu of conviction in another jurisdiction for any	4438
of the following criminal offenses in this state or a	4439
substantially equivalent criminal offense in another jurisdiction:	4440
aggravated murder, murder, voluntary manslaughter, felonious	4441
assault, kidnapping, rape, sexual battery, gross sexual	4442
imposition, aggravated arson, aggravated robbery, or aggravated	4443
burglary. Continued practice after suspension shall be considered	4444
practicing without a certificate.	4445

The board shall notify the individual subject to the	4446
suspension by certified mail or in person in accordance with	4447
section 119.07 of the Revised Code. If an individual whose	4448
certificate is automatically suspended under this division fails	4449
to make a timely request for an adjudication under Chapter 119. of	4450
the Revised Code, the board shall do whichever of the following is	4451
applicable:	4452

(1) If the automatic suspension under this division is for a	4453
second or subsequent plea of guilty to, or judicial finding of	4454
guilt of, a violation of section 2919.123 of the Revised Code, the	4455
board shall enter an order suspending the individual's certificate	4456
to practice for a period of at least one year or, if determined	4457
appropriate by the board, imposing a more serious sanction	4458
involving the individual's certificate to practice.	4459

(2) In all circumstances in which division (I)(1) of this	4460
section does not apply, enter a final order permanently revoking	4461
the individual's certificate to practice.	4462

(J) If the board is required by Chapter 119. of the Revised	4463
Code to give notice of an opportunity for a hearing and if the	4464
individual subject to the notice does not timely request a hearing	4465
in accordance with section 119.07 of the Revised Code, the board	4466
is not required to hold a hearing, but may adopt, by an	4467
affirmative vote of not fewer than six of its members, a final	4468
order that contains the board's findings. In that final order, the	4469
board may order any of the sanctions identified under division (A)	4470
or (B) of this section.	4471

(K) Any action taken by the board under division (B) of this	4472
section resulting in a suspension from practice shall be	4473
accompanied by a written statement of the conditions under which	4474
the individual's certificate to practice may be reinstated. The	4475
board shall adopt rules governing conditions to be imposed for	4476
reinstatement. Reinstatement of a certificate suspended pursuant	4477
to division (B) of this section requires an affirmative vote of	4478
not fewer than six members of the board.	4479

(L) When the board refuses to grant a certificate to an	4480
applicant, revokes an individual's certificate to practice,	4481
refuses to register an applicant, or refuses to reinstate an	4482
individual's certificate to practice, the board may specify that	4483
its action is permanent. An individual subject to a permanent	4484
action taken by the board is forever thereafter ineligible to hold	4485
a certificate to practice and the board shall not accept an	4486
application for reinstatement of the certificate or for issuance	4487
of a new certificate.	4488

(M) Notwithstanding any other provision of the Revised Code,	4489
all of the following apply:	4490

(1) The surrender of a certificate issued under this chapter	4491
shall not be effective unless or until accepted by the board.	4492
Reinstatement of a certificate surrendered to the board requires	4493
an affirmative vote of not fewer than six members of the board.	4494

(2) An application for a certificate made under the	4495
provisions of this chapter may not be withdrawn without approval	4496
of the board.	4497

(3) Failure by an individual to renew a certificate of	4498
registration in accordance with this chapter shall not remove or	4499
limit the board's jurisdiction to take any disciplinary action	4500
under this section against the individual.	4501

(N) Sanctions shall not be imposed under division (B)(28) of	4502
this section against any person who waives deductibles and	4503
copayments as follows:	4504

(1) In compliance with the health benefit plan that expressly	4505
allows such a practice. Waiver of the deductibles or copayments	4506
shall be made only with the full knowledge and consent of the plan	4507
purchaser, payer, and third-party administrator. Documentation of	4508
the consent shall be made available to the board upon request.	4509

(2) For professional services rendered to any other person	4510
authorized to practice pursuant to this chapter, to the extent	4511
allowed by this chapter and rules adopted by the board.	4512

(O) Under the board's investigative duties described in this	4513
section and subject to division (F) of this section, the board	4514
shall develop and implement a quality intervention program	4515
designed to improve through remedial education the clinical and	4516
communication skills of individuals authorized under this chapter	4517
to practice medicine and surgery, osteopathic medicine and	4518
surgery, and podiatric medicine and surgery. In developing and	4519
implementing the quality intervention program, the board may do	4520
all of the following:	4521

(1) Offer in appropriate cases as determined by the board an	4522
educational and assessment program pursuant to an investigation	4523
the board conducts under this section;	4524

(2) Select providers of educational and assessment services,	4525
including a quality intervention program panel of case reviewers;	4526

(3) Make referrals to educational and assessment service	4527
providers and approve individual educational programs recommended	4528
by those providers. The board shall monitor the progress of each	4529
individual undertaking a recommended individual educational	4530
program.	4531

(4) Determine what constitutes successful completion of an	4532
individual educational program and require further monitoring of	4533
the individual who completed the program or other action that the	4534
board determines to be appropriate;	4535

(5) Adopt rules in accordance with Chapter 119. of the	4536
Revised Code to further implement the quality intervention	4537
program.	4538

An individual who participates in an individual educational	4539
program pursuant to this division shall pay the financial	4540
obligations arising from that educational program.	4541

Section 2.  That existing sections 2151.421, 2903.11,	4542
2903.12, 2903.13, 2905.01, 2905.02, 2907.21, 2907.22, 2907.323,	4543
2919.22, 2919.25, 2923.32, 2929.01, 2929.13, 2929.14, 2929.18,	4544
2929.24, 3702.30, and 4731.22 of the Revised Code are hereby	4545
repealed.	4546

Section 3. (A) The General Assembly strongly encourages the	4547
Attorney General to establish a Trafficking in Persons Study	4548
Commission. If the Attorney General establishes the Commission, it	4549
shall be composed of the number of members determined by the	4550
Attorney General. The Attorney General shall appoint the members,	4551
and each member shall be qualified by education or experience in	4552
subject matters that are relevant to the functions and duties of	4553
the Commission specified in division (B) of this section. If the	4554
Attorney General establishes the Commission, the Attorney General	4555
shall notify the Governor, the President and Minority Leader of	4556
the Senate, and the Speaker and Minority Leader of the House of	4557
Representatives. When all members of the Commission have been	4558
appointed, the Commission promptly shall meet, select a	4559
chairperson and a vice-chairperson, and organize its activities.	4560

(B) If the Attorney General establishes a Trafficking in	4561
Persons Study Commission under division (A) of this section, the	4562
Commission shall: (1) study and review the problem of trafficking	4563
in persons, particularly as it affects this state or occurs in	4564
this state; (2) study and review the criminal law of this state to	4565
determine the manner and extent to which it currently applies to	4566
conduct that involves or is related to trafficking in persons,	4567
including the criminal offenses of this state that currently apply	4568
to such conduct and the penalties for those offenses; and (3)	4569
develop recommendations to address the problem of trafficking in	4570
persons and to improve and expand as necessary the criminal law of	4571
this state to better address conduct that involves or is related	4572
to trafficking in persons.	4573

(C) If the Attorney General establishes a Trafficking in	4574
Persons Study Commission under division (A) of this section, upon	4575
completing its functions and duties under division (B) of this	4576
section, the Commission shall prepare a report that summarizes its	4577
findings and its recommendations for changes in the law of this	4578
state. The Commission shall deliver a copy of the report to the	4579
Governor, the Attorney General, the President and Minority Leader	4580
of the Senate, and the Speaker and Minority Leader of the House of	4581
Representatives.	4582

Section 4. Section 2151.421 of the Revised Code, as amended	4583
by this act, applies to civil actions filed on or after the	4584
effective date of this act and to civil actions that are pending	4585
on the effective date of this act.	4586

Section 5. Section 2151.421 of the Revised Code is presented	4587
in this act as a composite of the section as amended by both Am.	4588
H.B. 314 and Sub. S.B. 163 of the 127th General Assembly. The	4589
General Assembly, applying the principle stated in division (B)	4590
of section 1.52 of the Revised Code that amendments are to be	4591
harmonized if reasonably capable of simultaneous operation, finds	4592
that the composite is the resulting version of the section in	4593
effect prior to the effective date of the section as presented in	4594
this act.	4595

Section 2903.11 of the Revised Code is presented in this	4596
act as a composite of the section as amended by both Sub. H.B.	4597
347 and Am. Sub. H.B. 461 of the 126th General Assembly. The	4598
General Assembly, applying the principle stated in division (B)	4599
of section 1.52 of the Revised Code that amendments are to be	4600
harmonized if reasonably capable of simultaneous operation, finds	4601
that the composite is the resulting version of the section in	4602
effect prior to the effective date of the section as presented in	4603
this act.	4604

Section 2929.14 of the Revised Code is presented in this	4605
act as a composite of the section as amended by both Sub. S.B.	4606
184 and Sub. S.B. 220 of the 127th General Assembly. The General	4607
Assembly, applying the principle stated in division (B) of	4608
section 1.52 of the Revised Code that amendments are to be	4609
harmonized if reasonably capable of simultaneous operation, finds	4610
that the composite is the resulting version of the section in	4611
effect prior to the effective date of the section as presented in	4612
this act.	4613