As Passed by the House

127th General Assembly Regular Session 2007-2008

Sub. S. B. No. 183

Senator Schaffer 

Cosponsors: Senators Coughlin, Austria, Cates, Clancy, Faber, Gardner, Grendell, Padgett, Fedor, Harris, Mason, Miller, R., Mumper, Spada, Wilson 

Representatives Sears, Dyer, Adams, Bacon, Blessing, Bolon, Collier, Combs, Daniels, DeBose, Dolan, Domenick, Evans, Flowers, Gardner, Gibbs, Hagan, J., Heard, Heydinger, Hottinger, Hughes, Jones, Letson, Lundy, Mallory, Mandel, McGregor, J., Mecklenborg, Patton, Raussen, Schindel, Schlichter, Schneider, Setzer, Slesnick, Stebelton, Szollosi, Uecker, Wachtmann, Zehringer 

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A BILL

To amend sections 2907.07, 2907.21, 2907.40, and

1

2929.13 of the Revised Code to provide

2

mandatory minimum prison terms for persons who

3

plead guilty to or are convicted of

4

importuning, to modify the definition of "adult

5

cabaret" as used in connection with the operation

6

of a sexually oriented business, and to apply the

7

offense of compelling prostitution to an offender

8

who believes the person solicited is a minor.

9

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

Section 1. That sections 2907.07, 2907.21, 2907.40, and 2929.13 of the	10
Revised Code be amended to read as follows:	11

Sec. 2907.07.  (A) No person shall solicit a person who is	12
less than thirteen years of age to engage in sexual activity with	13
the offender, whether or not the offender knows the age of such	14
person.	15

(B) No person shall solicit another, not the spouse of the	16
offender, to engage in sexual conduct with the offender, when the	17
offender is eighteen years of age or older and four or more years	18
older than the other person, and the other person is thirteen	19
years of age or older but less than sixteen years of age, whether	20
or not the offender knows the age of the other person.	21

(C) No person shall solicit another by means of a	22
telecommunications device, as defined in section 2913.01 of the	23
Revised Code, to engage in sexual activity with the offender when	24
the offender is eighteen years of age or older and either of the	25
following applies:	26

(1) The other person is less than thirteen years of age, and	27
the offender knows that the other person is less than thirteen	28
years of age or is reckless in that regard.	29

(2) The other person is a law enforcement officer posing as a	30
person who is less than thirteen years of age, and the offender	31
believes that the other person is less than thirteen years of age	32
or is reckless in that regard.	33

(D) No person shall solicit another by means of a	34
telecommunications device, as defined in section 2913.01 of the	35
Revised Code, to engage in sexual activity with the offender when	36
the offender is eighteen years of age or older and either of the	37
following applies:	38

(1) The other person is thirteen years of age or older but	39
less than sixteen years of age, the offender knows that the other	40
person is thirteen years of age or older but less than sixteen	41
years of age or is reckless in that regard, and the offender is	42
four or more years older than the other person.	43

(2) The other person is a law enforcement officer posing as a	44
person who is thirteen years of age or older but less than sixteen	45
years of age, the offender believes that the other person is	46
thirteen years of age or older but less than sixteen years of age	47
or is reckless in that regard, and the offender is four or more	48
years older than the age the law enforcement officer assumes in	49
posing as the person who is thirteen years of age or older but	50
less than sixteen years of age.	51

(E) Divisions (C) and (D) of this section apply to any	52
solicitation that is contained in a transmission via a	53
telecommunications device that either originates in this state or	54
is received in this state.	55

(F)(1) Whoever violates this section is guilty of	56
importuning. A	57

(2) Except as otherwise provided in this division, a	58
violation of division (A) or (C) of this section is a felony of	59
the third degree on a first offense, and a felony of the second	60
degree on each subsequent offense. Notwithstanding,	61
notwithstanding division (C) of section 2929.13 of the Revised	62
Code, there is a presumption that a prison term shall be imposed	63
for a violation of division (A) or (C) of this section as	64
described in division (D) of section 2929.13 of the Revised Code.	65
If the offender previously has been convicted of a sexually	66
oriented offense or a child-victim oriented offense, a violation	67
of division (A) or (C) of this section is a felony of the second	68
degree, and the court shall impose upon the offender as a	69
mandatory prison term one of the prison terms prescribed in	70
section 2929.14 of the Revised Code for a felony of the second	71
degree.	72

(3) A violation of division (B) or (D) of this section is a	73
felony of the fifth degree on a first offense, and a felony of	74
the fourth degree on each subsequent offense, notwithstanding	75
division (B) of section 2929.13 of the Revised Code, there is a	76
presumption that a prison term shall be imposed as described in	77
division (D) of section 2929.13 of the Revised Code. If the	78
offender previously has been convicted of a sexually oriented	79
offense or a child-victim oriented offense, a violation of	80
division (B) or (D) of this section is a felony of the fourth	81
degree, and the court shall impose upon the offender as a	82
mandatory prison term one of the prison terms prescribed in	83
section 2929.14 of the Revised Code for a felony of the fourth	84
degree that is not less than twelve months in duration.	85

Sec. 2907.21.  (A) No person shall knowingly do any of the	86
following:	87

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

88

(2) Induce, procure, encourage, solicit, request, or	89
otherwise facilitate aeither of the following:	90

(a) A minor to engage in sexual activity for hire, whether or	91
not the offender knows the age of the minor;	92

(b) A person the offender believes to be a minor to engage in	93
sexual activity for hire, whether or not the person is a minor.	94

(3)(a) Pay or agree to pay a minor, either directly or	95
through the minor's agent, so that the minor will engage in sexual	96
activity, whether or not the offender knows the age of the minor;	97

(b) Pay or agree to pay a person the offender believes to be	98
a minor, either directly or through the person's agent, so that	99
the person will engage in sexual activity, whether or not the	100
person is a minor.	101

(4)(a) Pay a minor, either directly or through the minor's	102
agent, for the minor having engaged in sexual activity, pursuant	103
to a prior agreement, whether or not the offender knows the age of	104
the minor;	105

(b) Pay a person the offender believes to be a minor, either	106
directly or through the person's agent, for the person having	107
engaged in sexual activity pursuant to a prior agreement, whether	108
or not the person is a minor.	109

(5)(a) Allow a minor to engage in sexual activity for hire if	110
the person allowing the child to engage in sexual activity for	111
hire is the parent, guardian, custodian, person having custody or	112
control, or person in loco parentis of the minor;	113

(b) Allow a person the offender believes to be a minor to	114
engage in sexual activity for hire if the person allowing the	115
person to engage in sexual activity for hire is the parent,	116
guardian, custodian, person having custody or control, or person	117
in loco parentis of the person the offender believes to be a	118
minor, whether or not the person is a minor.	119

(B) Whoever violates this section is guilty of compelling	120
prostitution. Except as otherwise provided in this division,	121
compelling prostitution is a felony of the third degree. If the	122
offender commits a violation of division (A)(1) of this section	123
and the person compelled to engage in sexual activity for hire in	124
violation of that division is less than sixteen years of age,	125
compelling prostitution is a felony of the second degree.	126

Sec. 2907.40.  (A) As used in this section:

127

(1) "Adult bookstore" or "adult video store" means a	128
commercial establishment that has as a significant or substantial	129
portion of its stock in trade or inventory in, derives a	130
significant or substantial portion of its revenues from, devotes a	131
significant or substantial portion of its interior business or	132
advertising to, or maintains a substantial section of its sales or	133
display space for the sale or rental, for any form of	134
consideration, of books, magazines, periodicals, or other printed	135
matter, or photographs, films, motion pictures, video cassettes,	136
compact discs, slides, or other visual representations, that are	137
characterized by their emphasis upon the exhibition or description	138
of specified sexual activities or specified anatomical areas.	139

(2) "Adult cabaret" means a nightclub, bar, juice bar,	140
restaurant, bottle club, or other similar commercial	141
establishment, regardless of whether alcoholic beverages are	142
served, that regularly features individuals who appear in a state	143
of nudity or seminudityhas the same meaning as in section 2907.39	144
of the Revised Code.	145

(3) "Adult motion picture theater" means a commercial	146
establishment where films, motion pictures, videocassettes,	147
slides, or similar photographic reproductions that are	148
characterized by their emphasis upon the display of specified	149
sexual activities or specified anatomical areas are regularly	150
shown to more than five individuals for any form of consideration.	151

(4) "Characterized by" means describing the essential	152
character or quality of an item.	153

(5) "Employee" means any individual who performs any service	154
on the premises of a sexually oriented business on a full-time,	155
part-time, or contract basis, regardless of whether the individual	156
is denominated an employee, independent contractor, agent, or	157
otherwise, but does not include an individual exclusively on the	158
premises for repair or maintenance of the premises or for the	159
delivery of goods to the premises.	160

(6) "Nudity," "nude," or "state of nudity" has the same	161
meaning as in section 2907.39 of the Revised Code.	162

(7) "Operator" means any individual on the premises of a	163
sexually oriented business who causes the business to function or	164
who puts or keeps in operation the business or who is authorized	165
to manage the business or exercise overall operational control of	166
the business premises.	167

(8) "Patron" means any individual on the premises of a	168
sexually oriented business except for any of the following:	169

(a) An operator or an employee of the sexually oriented	170
business;	171

(b) An individual who is on the premises exclusively for	172
repair or maintenance of the premises or for the delivery of goods	173
to the premises;	174

(c) A public employee or a volunteer firefighter emergency	175
medical services worker acting within the scope of the public	176
employee's or volunteer's duties as a public employee or	177
volunteer.	178

(9) "Premises" means the real property on which the sexually	179
oriented business is located and all appurtenances to the real	180
property, including, but not limited, to the sexually oriented	181
business, the grounds, private walkways, and parking lots or	182
parking garages adjacent to the real property under the ownership,	183
control, or supervision of the owner or operator of the sexually	184
oriented business.	185

(10) "Regularly" means consistently or repeatedly.

186

(11) "Seminude" or "state of seminudity" has the same meaning	187
as in section 2907.39 of the Revised Code.	188

(12) "Sexual device" means any three-dimensional object	189
designed and marketed for stimulation of the male or female human	190
genitals or anus or female breasts or for sadomasochistic use or	191
abuse of oneself or others, including, but not limited to, dildos,	192
vibrators, penis pumps, and physical representations of the human	193
genital organs, but not including devices primarily intended for	194
protection against sexually transmitted diseases or for preventing	195
pregnancy.	196

(13) "Sexual device shop" means a commercial establishment	197
that regularly features sexual devices, but not including any	198
pharmacy, drug store, medical clinic, or establishment primarily	199
dedicated to providing medical or healthcare products or services,	200
and not including any commercial establishment that does not	201
restrict access to its premises by reason of age.	202

(14) "Sexual encounter center" means a business or commercial	203
enterprise that, as one of its principal business purposes,	204
purports to offer for any form of consideration physical contact	205
in the form of wrestling or tumbling between individuals of the	206
opposite sex when one or more of the individuals is nude or	207
seminude.	208

(15) "Sexually oriented business" means an adult bookstore,	209
adult video store, adult cabaret, adult motion picture theater,	210
sexual device shop, or sexual encounter center, but does not	211
include a business solely by reason of its showing, selling, or	212
renting materials that may depict sex.	213

(16) "Specified anatomical areas" includes human genitals,	214
pubic region, and buttocks and the human female breast below a	215
point immediately above the top of the areola.	216

(17) "Specified sexual activity" means sexual intercourse,	217
oral copulation, masturbation, or sodomy, or excretory functions	218
as a part of or in connection with any of these activities.	219

(B) No sexually oriented business shall be or remain open for	220
business between 12:00 midnight and 6:00 a.m. on any day, except	221
that a sexually oriented business that holds a liquor permit	222
pursuant to Chapter 4303. of the Revised Code may remain open	223
until the hour specified in that permit if it does not conduct,	224
offer, or allow sexually oriented entertainment activity in which	225
the performers appear nude.	226

(C)(1) No patron who is not a member of the employee's	227
immediate family shall knowingly touch any employee while that	228
employee is nude or seminude or touch the clothing of any employee	229
while that employee is nude or seminude.	230

(2) No employee who regularly appears nude or seminude on the	231
premises of a sexually oriented business, while on the premises of	232
that sexually oriented business and while nude or seminude, shall	233
knowingly touch a patron who is not a member of the employee's	234
immediate family or another employee who is not a member of the	235
employee's immediate family or the clothing of a patron who is not	236
a member of the employee's immediate family or another employee	237
who is not a member of the employee's immediate family or allow a	238
patron who is not a member of the employee's immediate family or	239
another employee who is not a member of the employee's immediate	240
family to touch the employee or the clothing of the employee.	241

(D) Whoever violates division (B) of this section is guilty	242
of illegally operating a sexually oriented business, a misdemeanor	243
of the first degree.	244

(E) Whoever violates division (C) of this section is guilty	245
of illegal sexually oriented activity in a sexually oriented	246
business. If the offender touches a specified anatomical area of	247
the patron or employee, or the clothing covering a specified	248
anatomical area, a violation of division (C) of this section is a	249
misdemeanor of the first degree. If the offender does not touch a	250
specified anatomical area of the patron or employee, or the	251
clothing covering a specified anatomical area, a violation of	252
division (C) of this section is a misdemeanor of the fourth	253
degree.	254

Sec. 2929.13.  (A) Except as provided in division (E), (F),	255
or (G) of this section and unless a specific sanction is required	256
to be imposed or is precluded from being imposed pursuant to law,	257
a court that imposes a sentence upon an offender for a felony may	258
impose any sanction or combination of sanctions on the offender	259
that are provided in sections 2929.14 to 2929.18 of the Revised	260
Code. The sentence shall not impose an unnecessary burden on state	261
or local government resources.	262

If the offender is eligible to be sentenced to community	263
control sanctions, the court shall consider the appropriateness of	264
imposing a financial sanction pursuant to section 2929.18 of the	265
Revised Code or a sanction of community service pursuant to	266
section 2929.17 of the Revised Code as the sole sanction for the	267
offense. Except as otherwise provided in this division, if the	268
court is required to impose a mandatory prison term for the	269
offense for which sentence is being imposed, the court also may	270
impose a financial sanction pursuant to section 2929.18 of the	271
Revised Code but may not impose any additional sanction or	272
combination of sanctions under section 2929.16 or 2929.17 of the	273
Revised Code.	274

If the offender is being sentenced for a fourth degree felony	275
OVI offense or for a third degree felony OVI offense, in addition	276
to the mandatory term of local incarceration or the mandatory	277
prison term required for the offense by division (G)(1) or (2) of	278
this section, the court shall impose upon the offender a mandatory	279
fine in accordance with division (B)(3) of section 2929.18 of the	280
Revised Code and may impose whichever of the following is	281
applicable:	282

(1) For a fourth degree felony OVI offense for which sentence	283
is imposed under division (G)(1) of this section, an additional	284
community control sanction or combination of community control	285
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	286
the court imposes upon the offender a community control sanction	287
and the offender violates any condition of the community control	288
sanction, the court may take any action prescribed in division (B)	289
of section 2929.15 of the Revised Code relative to the offender,	290
including imposing a prison term on the offender pursuant to that	291
division.	292

(2) For a third or fourth degree felony OVI offense for which	293
sentence is imposed under division (G)(2) of this section, an	294
additional prison term as described in division (D)(4) of section	295
2929.14 of the Revised Code or a community control sanction as	296
described in division (G)(2) of this section.	297

(B)(1) Except as provided in division (B)(2), (E), (F), or	298
(G) of this section, in sentencing an offender for a felony of the	299
fourth or fifth degree, the sentencing court shall determine	300
whether any of the following apply:	301

(a) In committing the offense, the offender caused physical	302
harm to a person.	303

(b) In committing the offense, the offender attempted to	304
cause or made an actual threat of physical harm to a person with a	305
deadly weapon.	306

(c) In committing the offense, the offender attempted to	307
cause or made an actual threat of physical harm to a person, and	308
the offender previously was convicted of an offense that caused	309
physical harm to a person.	310

(d) The offender held a public office or position of trust	311
and the offense related to that office or position; the offender's	312
position obliged the offender to prevent the offense or to bring	313
those committing it to justice; or the offender's professional	314
reputation or position facilitated the offense or was likely to	315
influence the future conduct of others.	316

(e) The offender committed the offense for hire or as part of	317
an organized criminal activity.	318

(f) The offense is a sex offense that is a fourth or fifth	319
degree felony violation of section 2907.03, 2907.04, 2907.05,	320
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	321
Revised Code.	322

(g) The offender at the time of the offense was serving, or	323
the offender previously had served, a prison term.	324

(h) The offender committed the offense while under a	325
community control sanction, while on probation, or while released	326
from custody on a bond or personal recognizance.	327

(i) The offender committed the offense while in possession of	328
a firearm.	329

(2)(a) If the court makes a finding described in division	330
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	331
section and if the court, after considering the factors set forth	332
in section 2929.12 of the Revised Code, finds that a prison term	333
is consistent with the purposes and principles of sentencing set	334
forth in section 2929.11 of the Revised Code and finds that the	335
offender is not amenable to an available community control	336
sanction, the court shall impose a prison term upon the offender.	337

(b) Except as provided in division (E), (F), or (G) of this	338
section, if the court does not make a finding described in	339
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	340
this section and if the court, after considering the factors set	341
forth in section 2929.12 of the Revised Code, finds that a	342
community control sanction or combination of community control	343
sanctions is consistent with the purposes and principles of	344
sentencing set forth in section 2929.11 of the Revised Code, the	345
court shall impose a community control sanction or combination of	346
community control sanctions upon the offender.	347

(C) Except as provided in division (D), (E), (F), or (G) of	348
this section, in determining whether to impose a prison term as a	349
sanction for a felony of the third degree or a felony drug offense	350
that is a violation of a provision of Chapter 2925. of the Revised	351
Code and that is specified as being subject to this division for	352
purposes of sentencing, the sentencing court shall comply with the	353
purposes and principles of sentencing under section 2929.11 of the	354
Revised Code and with section 2929.12 of the Revised Code.	355

(D)(1) Except as provided in division (E) or (F) of this	356
section, for a felony of the first or second degree, for a felony	357
drug offense that is a violation of any provision of Chapter	358
2925., 3719., or 4729. of the Revised Code for which a presumption	359
in favor of a prison term is specified as being applicable, and	360
for a violation of division (A)(4) or (B) of section 2907.05 of	361
the Revised Code for which a presumption in favor of a prison term	362
is specified as being applicable, it is presumed that a prison	363
term is necessary in order to comply with the purposes and	364
principles of sentencing under section 2929.11 of the Revised	365
Code. Division (D)(2) of this section does not apply to a	366
presumption established under this division for a violation of	367
division (A)(4) of section 2907.05 of the Revised Code.	368

(2) Notwithstanding the presumption established under	369
division (D)(1) of this section for the offenses listed in that	370
division other than a violation of division (A)(4) or (B) of	371
section 2907.05 of the Revised Code, the sentencing court may	372
impose a community control sanction or a combination of community	373
control sanctions instead of a prison term on an offender for a	374
felony of the first or second degree or for a felony drug offense	375
that is a violation of any provision of Chapter 2925., 3719., or	376
4729. of the Revised Code for which a presumption in favor of a	377
prison term is specified as being applicable if it makes both of	378
the following findings:	379

(a) A community control sanction or a combination of	380
community control sanctions would adequately punish the offender	381
and protect the public from future crime, because the applicable	382
factors under section 2929.12 of the Revised Code indicating a	383
lesser likelihood of recidivism outweigh the applicable factors	384
under that section indicating a greater likelihood of recidivism.	385

(b) A community control sanction or a combination of	386
community control sanctions would not demean the seriousness of	387
the offense, because one or more factors under section 2929.12 of	388
the Revised Code that indicate that the offender's conduct was	389
less serious than conduct normally constituting the offense are	390
applicable, and they outweigh the applicable factors under that	391
section that indicate that the offender's conduct was more serious	392
than conduct normally constituting the offense.	393

(E)(1) Except as provided in division (F) of this section,	394
for any drug offense that is a violation of any provision of	395
Chapter 2925. of the Revised Code and that is a felony of the	396
third, fourth, or fifth degree, the applicability of a presumption	397
under division (D) of this section in favor of a prison term or of	398
division (B) or (C) of this section in determining whether to	399
impose a prison term for the offense shall be determined as	400
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	401
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	402
Revised Code, whichever is applicable regarding the violation.	403

(2) If an offender who was convicted of or pleaded guilty to	404
a felony violates the conditions of a community control sanction	405
imposed for the offense solely by reason of producing positive	406
results on a drug test, the court, as punishment for the violation	407
of the sanction, shall not order that the offender be imprisoned	408
unless the court determines on the record either of the following:	409

(a) The offender had been ordered as a sanction for the	410
felony to participate in a drug treatment program, in a drug	411
education program, or in narcotics anonymous or a similar program,	412
and the offender continued to use illegal drugs after a reasonable	413
period of participation in the program.	414

(b) The imprisonment of the offender for the violation is	415
consistent with the purposes and principles of sentencing set	416
forth in section 2929.11 of the Revised Code.	417

(F) Notwithstanding divisions (A) to (E) of this section, the	418
court shall impose a prison term or terms under sections 2929.02	419
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	420
of the Revised Code and except as specifically provided in section	421
2929.20 or 2967.191 of the Revised Code or when parole is	422
authorized for the offense under section 2967.13 of the Revised	423
Code shall not reduce the term or terms pursuant to section	424
2929.20, section 2967.193, or any other provision of Chapter 2967.	425
or Chapter 5120. of the Revised Code for any of the following	426
offenses:	427

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

428

(2) Any rape, regardless of whether force was involved and	429
regardless of the age of the victim, or an attempt to commit rape	430
if, had the offender completed the rape that was attempted, the	431
offender would have been guilty of a violation of division	432
(A)(1)(b) of section 2907.02 of the Revised Code and would be	433
sentenced under section 2971.03 of the Revised Code;	434

(3) Gross sexual imposition or sexual battery, if the victim	435
is less than thirteen years of age and if any of the following	436
applies:	437

(a) Regarding gross sexual imposition, the offender	438
previously was convicted of or pleaded guilty to rape, the former	439
offense of felonious sexual penetration, gross sexual imposition,	440
or sexual battery, and the victim of the previous offense was	441
less than thirteen years of age;	442

(b) Regarding gross sexual imposition, the offense was	443
committed on or after August 3, 2006, and evidence other than the	444
testimony of the victim was admitted in the case corroborating the	445
violation.	446

(c) Regarding sexual battery, either of the following	447
applies:	448

(i) The offense was committed prior to August 3, 2006, the	449
offender previously was convicted of or pleaded guilty to rape,	450
the former offense of felonious sexual penetration, or sexual	451
battery, and the victim of the previous offense was less than	452
thirteen years of age.	453

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

454

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	455
2903.11, 2903.12, or 2903.13, or 2907.07 of the Revised Code if	456
the section requires the imposition of a prison term;	457

(5) A first, second, or third degree felony drug offense for	458
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	459
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	460
4729.99 of the Revised Code, whichever is applicable regarding the	461
violation, requires the imposition of a mandatory prison term;	462

(6) Any offense that is a first or second degree felony and	463
that is not set forth in division (F)(1), (2), (3), or (4) of this	464
section, if the offender previously was convicted of or pleaded	465
guilty to aggravated murder, murder, any first or second degree	466
felony, or an offense under an existing or former law of this	467
state, another state, or the United States that is or was	468
substantially equivalent to one of those offenses;	469

(7) Any offense that is a third degree felony and either is	470
a violation of section 2903.04 of the Revised Code or an attempt	471
to commit a felony of the second degree that is an offense of	472
violence and involved an attempt to cause serious physical harm to	473
a person or that resulted in serious physical harm to a person if	474
the offender previously was convicted of or pleaded guilty to any	475
of the following offenses:	476

(a) Aggravated murder, murder, involuntary manslaughter,	477
rape, felonious sexual penetration as it existed under section	478
2907.12 of the Revised Code prior to September 3, 1996, a felony	479
of the first or second degree that resulted in the death of a	480
person or in physical harm to a person, or complicity in or an	481
attempt to commit any of those offenses;	482

(b) An offense under an existing or former law of this state,	483
another state, or the United States that is or was substantially	484
equivalent to an offense listed in division (F)(7)(a) of this	485
section that resulted in the death of a person or in physical harm	486
to a person.	487

(8) Any offense, other than a violation of section 2923.12 of	488
the Revised Code, that is a felony, if the offender had a firearm	489
on or about the offender's person or under the offender's control	490
while committing the felony, with respect to a portion of the	491
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	492
of the Revised Code for having the firearm;	493

(9) Any offense of violence that is a felony, if the offender	494
wore or carried body armor while committing the felony offense of	495
violence, with respect to the portion of the sentence imposed	496
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	497
Code for wearing or carrying the body armor;	498

(10) Corrupt activity in violation of section 2923.32 of the	499
Revised Code when the most serious offense in the pattern of	500
corrupt activity that is the basis of the offense is a felony of	501
the first degree;	502

(11) Any violent sex offense or designated homicide, assault,	503
or kidnapping offense if, in relation to that offense, the	504
offender is adjudicated a sexually violent predator;	505

(12) A violation of division (A)(1) or (2) of section 2921.36	506
of the Revised Code, or a violation of division (C) of that	507
section involving an item listed in division (A)(1) or (2) of that	508
section, if the offender is an officer or employee of the	509
department of rehabilitation and correction;	510

(13) A violation of division (A)(1) or (2) of section 2903.06	511
of the Revised Code if the victim of the offense is a peace	512
officer, as defined in section 2935.01 of the Revised Code, or an	513
investigator of the bureau of criminal identification and	514
investigation, as defined in section 2903.11 of the Revised Code,	515
with respect to the portion of the sentence imposed pursuant to	516
division (D)(5) of section 2929.14 of the Revised Code;	517

(14) A violation of division (A)(1) or (2) of section 2903.06	518
of the Revised Code if the offender has been convicted of or	519
pleaded guilty to three or more violations of division (A) or (B)	520
of section 4511.19 of the Revised Code or an equivalent offense,	521
as defined in section 2941.1415 of the Revised Code, or three or	522
more violations of any combination of those divisions and	523
offenses, with respect to the portion of the sentence imposed	524
pursuant to division (D)(6) of section 2929.14 of the Revised	525
Code;	526

(15) Kidnapping, in the circumstances specified in section	527
2971.03 of the Revised Code and when no other provision of	528
division (F) of this section applies.	529

(G) Notwithstanding divisions (A) to (E) of this section, if	530
an offender is being sentenced for a fourth degree felony OVI	531
offense or for a third degree felony OVI offense, the court shall	532
impose upon the offender a mandatory term of local incarceration	533
or a mandatory prison term in accordance with the following:	534

(1) If the offender is being sentenced for a fourth degree	535
felony OVI offense and if the offender has not been convicted of	536
and has not pleaded guilty to a specification of the type	537
described in section 2941.1413 of the Revised Code, the court may	538
impose upon the offender a mandatory term of local incarceration	539
of sixty days or one hundred twenty days as specified in division	540
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	541
not reduce the term pursuant to section 2929.20, 2967.193, or any	542
other provision of the Revised Code. The court that imposes a	543
mandatory term of local incarceration under this division shall	544
specify whether the term is to be served in a jail, a	545
community-based correctional facility, a halfway house, or an	546
alternative residential facility, and the offender shall serve the	547
term in the type of facility specified by the court. A mandatory	548
term of local incarceration imposed under division (G)(1) of this	549
section is not subject to extension under section 2967.11 of the	550
Revised Code, to a period of post-release control under section	551
2967.28 of the Revised Code, or to any other Revised Code	552
provision that pertains to a prison term except as provided in	553
division (A)(1) of this section.	554

(2) If the offender is being sentenced for a third degree	555
felony OVI offense, or if the offender is being sentenced for a	556
fourth degree felony OVI offense and the court does not impose a	557
mandatory term of local incarceration under division (G)(1) of	558
this section, the court shall impose upon the offender a mandatory	559
prison term of one, two, three, four, or five years if the	560
offender also is convicted of or also pleads guilty to a	561
specification of the type described in section 2941.1413 of the	562
Revised Code or shall impose upon the offender a mandatory prison	563
term of sixty days or one hundred twenty days as specified in	564
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	565
if the offender has not been convicted of and has not pleaded	566
guilty to a specification of that type. The court shall not reduce	567
the term pursuant to section 2929.20, 2967.193, or any other	568
provision of the Revised Code. The offender shall serve the one-,	569
two-, three-, four-, or five-year mandatory prison term	570
consecutively to and prior to the prison term imposed for the	571
underlying offense and consecutively to any other mandatory prison	572
term imposed in relation to the offense. In no case shall an	573
offender who once has been sentenced to a mandatory term of local	574
incarceration pursuant to division (G)(1) of this section for a	575
fourth degree felony OVI offense be sentenced to another mandatory	576
term of local incarceration under that division for any violation	577
of division (A) of section 4511.19 of the Revised Code. In	578
addition to the mandatory prison term described in division (G)(2)	579
of this section, the court may sentence the offender to a	580
community control sanction under section 2929.16 or 2929.17 of the	581
Revised Code, but the offender shall serve the prison term prior	582
to serving the community control sanction. The department of	583
rehabilitation and correction may place an offender sentenced to a	584
mandatory prison term under this division in an intensive program	585
prison established pursuant to section 5120.033 of the Revised	586
Code if the department gave the sentencing judge prior notice of	587
its intent to place the offender in an intensive program prison	588
established under that section and if the judge did not notify the	589
department that the judge disapproved the placement. Upon the	590
establishment of the initial intensive program prison pursuant to	591
section 5120.033 of the Revised Code that is privately operated	592
and managed by a contractor pursuant to a contract entered into	593
under section 9.06 of the Revised Code, both of the following	594
apply:	595

(a) The department of rehabilitation and correction shall	596
make a reasonable effort to ensure that a sufficient number of	597
offenders sentenced to a mandatory prison term under this division	598
are placed in the privately operated and managed prison so that	599
the privately operated and managed prison has full occupancy.	600

(b) Unless the privately operated and managed prison has full	601
occupancy, the department of rehabilitation and correction shall	602
not place any offender sentenced to a mandatory prison term under	603
this division in any intensive program prison established pursuant	604
to section 5120.033 of the Revised Code other than the privately	605
operated and managed prison.	606

(H) If an offender is being sentenced for a sexually oriented	607
offense or child-victim oriented offense that is a felony	608
committed on or after January 1, 1997, the judge shall require the	609
offender to submit to a DNA specimen collection procedure pursuant	610
to section 2901.07 of the Revised Code.	611

(I) If an offender is being sentenced for a sexually oriented	612
offense or a child-victim oriented offense committed on or after	613
January 1, 1997, the judge shall include in the sentence a	614
summary of the offender's duties imposed under sections 2950.04,	615
2950.041, 2950.05, and 2950.06 of the Revised Code and the	616
duration of the duties. The judge shall inform the offender, at	617
the time of sentencing, of those duties and of their duration. If	618
required under division (A)(2) of section 2950.03 of the Revised	619
Code, the judge shall perform the duties specified in that	620
section, or, if required under division (A)(6) of section 2950.03	621
of the Revised Code, the judge shall perform the duties specified	622
in that division.	623

(J)(1) Except as provided in division (J)(2) of this section,	624
when considering sentencing factors under this section in relation	625
to an offender who is convicted of or pleads guilty to an attempt	626
to commit an offense in violation of section 2923.02 of the	627
Revised Code, the sentencing court shall consider the factors	628
applicable to the felony category of the violation of section	629
2923.02 of the Revised Code instead of the factors applicable to	630
the felony category of the offense attempted.	631

(2) When considering sentencing factors under this section in	632
relation to an offender who is convicted of or pleads guilty to an	633
attempt to commit a drug abuse offense for which the penalty is	634
determined by the amount or number of unit doses of the controlled	635
substance involved in the drug abuse offense, the sentencing court	636
shall consider the factors applicable to the felony category that	637
the drug abuse offense attempted would be if that drug abuse	638
offense had been committed and had involved an amount or number of	639
unit doses of the controlled substance that is within the next	640
lower range of controlled substance amounts than was involved in	641
the attempt.	642

(K) As used in this section, "drug abuse offense" has the	643
same meaning as in section 2925.01 of the Revised Code.	644

(L) At the time of sentencing an offender for any sexually	645
oriented offense, if the offender is a tier III sex	646
offender/child-victim offender relative to that offense and the	647
offender does not serve a prison term or jail term, the court may	648
require that the offender be monitored by means of a global	649
positioning device. If the court requires such monitoring, the	650
cost of monitoring shall be borne by the offender. If the	651
offender is indigent, the cost of compliance shall be paid by the	652
crime victims reparations fund.	653

Section 2. That existing sections 2907.07, 2907.21, 2907.40,	654
and 2929.13 of the Revised Code are hereby repealed.	655