Sec. 2307.60. (A)(1)
Anyone injured in person or property by | 24 |
a
criminal act has, and
may recover full damages in, a civil | 25 |
action
unless specifically excepted by
law, may recover the costs | 26 |
of
maintaining the civil action and attorney's fees
if authorized | 27 |
by
any provision of the Rules of Civil Procedure or another | 28 |
section
of the Revised Code or under the common law of this state, | 29 |
and may
recover
punitive or exemplary damages if authorized by | 30 |
section
2315.21 or another
section of the Revised Code. | 31 |
(2) A final judgment of a trial court that has not been | 32 |
reversed on appeal or otherwise set aside, nullified, or vacated, | 33 |
entered after a trial or upon a plea of guilty, but not upon a | 34 |
plea of no contest or the equivalent plea from another | 35 |
jurisdiction, that adjudges an offender guilty of an offense of | 36 |
violence punishable by death or imprisonment in excess of one | 37 |
year, when entered as evidence in any subsequent civil proceeding | 38 |
based on the criminal act, shall preclude the offender from | 39 |
denying in the subsequent civil proceeding any fact essential to | 40 |
sustaining that judgment, unless the offender can demonstrate that | 41 |
extraordinary circumstances prevented the offender from having a | 42 |
full and fair opportunity to litigate the issue in the criminal | 43 |
proceeding or other extraordinary circumstances justify affording | 44 |
the offender an opportunity to relitigate the issue. The offender | 45 |
may introduce evidence of the offender's pending appeal of the | 46 |
final judgment of the trial court, if applicable, and the court | 47 |
may consider that evidence in determining the liability of the | 48 |
offender. | 49 |
(a) "Tort action"
means a civil action for damages for | 51 |
injury, death, or loss to
person or property other than a civil | 52 |
action for damages for a
breach of contract or another agreement | 53 |
between persons. "Tort
action" includes, but is not limited to, a | 54 |
product liability
claim, as defined in section 2307.71 of the | 55 |
Revised Code, and an
asbestos claim, as defined in section | 56 |
2307.91 of the Revised Code,
an action for wrongful death under | 57 |
Chapter 2125. of the
Revised
Code, and an action based on | 58 |
derivative claims for relief. | 59 |
(3) Division(b) The person engaged in
conduct that, if | 69 |
prosecuted, would constitute a felony, a
misdemeanor that is an | 70 |
offense of violence, an attempt to commit a
felony, or an attempt | 71 |
to commit a misdemeanor that is an offense
of violence and that | 72 |
conduct was a proximate cause of the injury or loss for which | 73 |
relief is claimed in the tort action, regardless of whether the | 74 |
person has been convicted
of or pleaded guilty to or has been | 75 |
charged with committing the
felony, the misdemeanor, or the | 76 |
attempt to commit the felony or
misdemeanor. | 77 |
(c) The person suffered the injury or loss for which relief | 78 |
is claimed in the tort action as a proximate result of the victim | 79 |
of conduct
that, if prosecuted, would constitute a
felony, a | 80 |
misdemeanor
that is an offense of violence, an attempt to commit | 81 |
a felony, or an attempt to commit a misdemeanor that is an offense | 82 |
of violence acting against the person
in
self-defense, defense | 83 |
of another, or defense of the victim's
residence, regardless of | 84 |
whether the person has been convicted of
or pleaded guilty to or | 85 |
has been charged with committing the
felony, the misdemeanor, or | 86 |
the attempt to commit the felony or misdemeanor. Division | 87 |
(B)(2)(c) of this section does not
apply if the person who | 88 |
suffered the injury or loss, at the time
of the victim's act of | 89 |
self-defense, defense of another, or
defense of residence, was an | 90 |
innocent bystander who had no
connection with the underlying | 91 |
conduct that prompted the victim's
exercise of self-defense, | 92 |
defense of another, or defense of
residence. | 93 |
(3) Recovery against a victim of conduct that, if prosecuted, | 94 |
would constitute a felony, a misdemeanor
that is an offense of | 95 |
violence, an attempt to commit a felony, or an attempt to commit a | 96 |
misdemeanor that is an offense of violence, on a claim for relief | 97 |
in a tort
action is barred to any
person or the person's legal | 98 |
representative if conduct the person engaged in against that | 99 |
person was a proximate cause of the injury or loss
for which | 100 |
relief is claimed
in the tort action and that conduct, if | 101 |
prosecuted, would constitute a felony, a misdemeanor that is an | 102 |
offense of violence, an attempt to commit a felony, or an attempt | 103 |
to commit a misdemeanor that is an offense of violence, regardless | 104 |
of whether the person has been
convicted of or pleaded guilty to | 105 |
or has been charged with
committing the felony, the misdemeanor, | 106 |
or the attempt to commit the felony or misdemeanor. | 107 |
(4) Divisions (B)(1) to (3) of this section doesdo not | 108 |
apply to civil
claims based upon alleged intentionally
tortious | 109 |
conduct, alleged
violations of the United States
Constitution, or | 110 |
alleged
violations of statutes of the United
States pertaining to | 111 |
civil
rights. For purposes of division (B)(4) of this section, a | 112 |
person's act of self-defense, defense of another, or defense of | 113 |
the person's residence does not constitute intentionally tortious | 114 |
conduct. | 115 |
(B) For purposes of determining the potential liability of a | 121 |
person in a tort action related to the person's use of force | 122 |
alleged to be in self-defense, defense of another, or defense of | 123 |
the person's residence, if the person lawfully is in that person's | 124 |
residence, the person has no duty to retreat before using force in | 125 |
self-defense, defense of another, or defense of that person's | 126 |
residence, and, if the person lawfully is an occupant of that | 127 |
person's vehicle or lawfully is an occupant in a vehicle owned by | 128 |
an immediate family member of the person, the person has no duty | 129 |
to retreat before using force in self-defense or defense of | 130 |
another. | 131 |
Sec. 2901.05. (A) Every person accused of an offense is | 132 |
presumed innocent until proven guilty beyond a reasonable doubt, | 133 |
and the burden of proof for all elements of the offense is upon | 134 |
the prosecution. The burden of going forward with the evidence
of | 135 |
an affirmative defense, and the burden of proof, by a | 136 |
preponderance of the evidence, for an affirmative defense, is
upon | 137 |
the accused. | 138 |
(B)(1) Subject to division (B)(2) of this section, a person | 139 |
is presumed to have acted in self defense or defense of another
| 140 |
when using defensive force that is intended or likely to cause | 141 |
death or great bodily harm to another if the person against whom | 142 |
the defensive force is used is in the process of unlawfully and | 143 |
without privilege to do so entering, or has unlawfully and without | 144 |
privilege to do so entered, the residence or vehicle occupied by | 145 |
the person using the defensive force. | 146 |
(2) "Dwelling" means a building or conveyance of any kind | 168 |
that has a roof over it and that is designed to be occupied by | 169 |
people lodging in the building or conveyance at night, regardless | 170 |
of whether the building or conveyance is temporary or permanent or | 171 |
is mobile or immobile. As used in this division, a building or | 172 |
conveyance includes, but is not limited to, an attached porch, and | 173 |
a building or conveyance with a roof over it includes, but is not | 174 |
limited to, a tent. | 175 |
(D)(E) "Reasonable doubt" is present when the jurors, after | 180 |
they
have carefully considered and compared all the evidence, | 181 |
cannot
say they are firmly convinced of the truth of the charge. | 182 |
It is a
doubt based on reason and common sense. Reasonable doubt | 183 |
is not
mere possible doubt, because everything relating to human | 184 |
affairs
or depending on moral evidence is open to some possible | 185 |
or
imaginary doubt. "Proof beyond a reasonable doubt" is proof
of | 186 |
such character that an ordinary person would be willing to
rely | 187 |
and act upon it in the most important of histhe person's
own | 188 |
affairs. | 189 |
(B) For purposes of any section of the Revised Code that sets | 193 |
forth a criminal offense, a person who lawfully is in that | 194 |
person's
residence has no duty to retreat before using force in | 195 |
self-defense, defense of another, or defense of that person's | 196 |
residence, and a person who lawfully is an occupant of that | 197 |
person's vehicle or who lawfully is an occupant in a vehicle owned | 198 |
by an immediate family member of the person has no duty to retreat | 199 |
before using force in self-defense or defense of another. | 200 |
Sec. 2929.14. (A) Except as provided in
division (C), | 201 |
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (G), or (L) of | 202 |
this
section and except
in relation to an offense for which a | 203 |
sentence
of death or life
imprisonment is to be imposed, if the | 204 |
court
imposing a sentence
upon an offender for a felony elects or | 205 |
is
required to impose a
prison term on the offender pursuant to | 206 |
this
chapter, the court shall
impose a definite prison term that | 207 |
shall
be one of the following: | 208 |
(4) For a felony of the fourth degree, the prison term
shall | 215 |
be six, seven, eight, nine, ten, eleven, twelve, thirteen, | 216 |
fourteen, fifteen, sixteen, seventeen, or eighteen months. | 217 |
(B) Except as provided in division (C),
(D)(1), (D)(2), | 220 |
(D)(3), (D)(5), (D)(6), (G), or (L) of this section, in section | 221 |
2907.02 or 2907.05
of the Revised
Code, or in Chapter
2925. of the | 222 |
Revised Code, if the court
imposing a sentence upon an offender | 223 |
for a felony elects or is
required to impose a prison term on the | 224 |
offender, the court shall
impose the shortest prison term | 225 |
authorized for the offense
pursuant to division (A) of this | 226 |
section, unless
one or more
of
the following applies: | 227 |
(C) Except as provided in division (G) or (L) of this section | 234 |
or in
Chapter 2925. of
the Revised Code, the court imposing a | 235 |
sentence
upon an
offender for a felony may impose the longest | 236 |
prison term
authorized for the offense pursuant to division (A) of | 237 |
this
section only upon offenders who committed the worst forms of | 238 |
the
offense, upon offenders who pose the greatest likelihood of | 239 |
committing future crimes, upon certain major drug offenders under | 240 |
division (D)(3) of this section, and upon certain repeat
violent | 241 |
offenders in accordance with division (D)(2) of
this section. | 242 |
(b) If a
court imposes a prison term on
an
offender under | 267 |
division (D)(1)(a) of this section, the prison
term shall not be | 268 |
reduced pursuant to section 2929.20, section 2967.193,
or
any | 269 |
other provision of Chapter 2967. or Chapter 5120. of the
Revised | 270 |
Code. A court shall not
impose more than one prison term on an | 271 |
offender under
division (D)(1)(a) of this section for felonies | 272 |
committed as part of
the same act or transactionIf an offender is | 273 |
convicted of or pleads guilty to two or more felonies and also is | 274 |
convicted of or pleads guilty to a specification of the type | 275 |
described under division (D)(1)(a) of this section in connection | 276 |
with two or more of the felonies of which the offender is | 277 |
convicted or to which the offender pleads guilty, the sentencing | 278 |
court shall impose on the offender the prison term specified under | 279 |
division (D)(1)(a) of this section for each of the two most | 280 |
serious specifications of which the offender is convicted or to | 281 |
which the offender pleads guilty and, in its discretion, also may | 282 |
impose on the offender the prison term specified under that | 283 |
division for any or all of the remaining specifications. | 284 |
(c) Except as provided in division
(D)(1)(e)
of this
section, | 285 |
if an offender who is convicted of or pleads
guilty to a
violation | 286 |
of section 2923.161 of the
Revised
Code or to a felony
that | 287 |
includes,
as an essential element, purposely or knowingly
causing | 288 |
or
attempting to cause the death of or physical harm to
another, | 289 |
also is convicted of or pleads guilty to a specification
of the | 290 |
type described in section 2941.146 of the
Revised
Code that | 291 |
charges the offender
with committing the offense by discharging a | 292 |
firearm from a
motor vehicle other than a manufactured
home, the | 293 |
court, after imposing
a prison term on the offender for the | 294 |
violation of section
2923.161 of the Revised
Code or for the other | 295 |
felony
offense under division (A), (D)(2), or (D)(3) of this | 296 |
section, shall
impose an additional prison term of five years upon | 297 |
the offender
that shall not be reduced pursuant to section | 298 |
2929.20, section 2967.193, or
any other provision of Chapter 2967. | 299 |
or Chapter 5120. of the Revised Code. A
court shall not impose | 300 |
more than one additional prison term on an offender under
division | 301 |
(D)(1)(c) of this section for felonies committed as
part of the | 302 |
same
act or transaction. If a court imposes an additional prison | 303 |
term on an
offender under division (D)(1)(c) of this section | 304 |
relative to an offense, the court also shall
impose a prison term | 305 |
under division
(D)(1)(a) of this section
relative to the same | 306 |
offense, provided the criteria specified in that division
for | 307 |
imposing an additional prison term are satisfied relative to the | 308 |
offender
and the offense. | 309 |
(d)
If an offender who is convicted of or pleads guilty to | 310 |
an offense
of violence that is a felony also is convicted of or | 311 |
pleads guilty to a
specification of the type described in section | 312 |
2941.1411 of the Revised Code that charges the
offender with | 313 |
wearing or carrying body armor
while committing the felony offense | 314 |
of violence, the court shall
impose on the offender a prison term | 315 |
of two years. The prison
term so imposed shall not be reduced | 316 |
pursuant to section 2929.20,
section 2967.193, or any other | 317 |
provision of
Chapter 2967. or
Chapter 5120. of the
Revised Code.
A | 318 |
court shall not impose more
than one prison term
on an offender | 319 |
under division
(D)(1)(d) of this section for
felonies committed as | 320 |
part of
the same act or transaction. If a
court imposes an | 321 |
additional prison
term under division (D)(1)(a)
or (c)
of this | 322 |
section, the
court is not precluded from imposing
an additional | 323 |
prison term under
division (D)(1)(d) of this
section. | 324 |
(e) The court shall not impose any of the
prison terms | 325 |
described in division
(D)(1)(a)
of this section or any of the | 326 |
additional prison terms described in
division (D)(1)(c) of this | 327 |
section upon an
offender for a
violation of section
2923.12 or | 328 |
2923.123 of the Revised Code. The court shall not
impose any of | 329 |
the prison terms described in
division
(D)(1)(a) of this section | 330 |
or any of the additional prison terms
described in division | 331 |
(D)(1)(c) of this section
upon an offender for a violation of | 332 |
section 2923.13 of the
Revised Code unless all of the following | 333 |
apply: | 334 |
(f) If an offender is convicted of or pleads guilty to a
| 340 |
felony that includes, as an essential element, causing or
| 341 |
attempting to cause
the death of or physical
harm to another and
| 342 |
also is convicted of or pleads guilty to a
specification of the
| 343 |
type described in section 2941.1412 of the
Revised Code that
| 344 |
charges the
offender with committing the offense by discharging a
| 345 |
firearm at a
peace officer as defined in section 2935.01 of the
| 346 |
Revised Code or a corrections officer, as defined in section | 347 |
2941.1412 of the Revised Code, the court, after imposing a
prison | 348 |
term on the
offender for the felony offense under division (A), | 349 |
(D)(2),
or
(D)(3) of this section, shall impose an additional | 350 |
prison term of
seven years upon the offender that shall not be | 351 |
reduced pursuant
to section 2929.20, section 2967.193, or any | 352 |
other provision of
Chapter 2967. or Chapter 5120. of
the Revised | 353 |
Code. A court
shall
not impose more than one
additional prison | 354 |
term on an
offender
under division (D)(1)(f) of
this section for | 355 |
felonies
committed as
part of the same act or transactionIf an | 356 |
offender is convicted of or pleads guilty to two or more felonies | 357 |
that include, as an essential element, causing or attempting to | 358 |
cause the death or physical harm to another and also is convicted | 359 |
of or pleads guilty to a specification of the type described under | 360 |
division (D)(1)(f) of this section in connection with two or more | 361 |
of the felonies of which the offender is convicted or to which the | 362 |
offender pleads guilty, the sentencing court shall impose on the | 363 |
offender the prison term specified under division (D)(1)(f) of | 364 |
this section for each of two of the specifications of which the | 365 |
offender is convicted or to which the offender pleads guilty and, | 366 |
in its discretion, also may impose on the offender the prison term | 367 |
specified under that division for any or all of the remaining | 368 |
specifications.
If a
court
imposes an
additional prison term on | 369 |
an offender under
division
(D)(1)(f) of
this section relative to | 370 |
an offense,
the
court
shall not impose a
prison term under | 371 |
division (D)(1)(a)
or
(c)
of
this section
relative to the same | 372 |
offense. | 373 |
(2)(a) If division (D)(2)(b) of this section does not apply, | 374 |
the
court
may impose on an offender, in addition to the longest | 375 |
prison term
authorized or required for the offense, an additional | 376 |
definite prison term of one, two, three, four, five, six, seven, | 377 |
eight, nine, or ten years if all of the following criteria are | 378 |
met: | 379 |
(ii) The offense of which the offender currently is convicted | 383 |
or to which the offender currently pleads guilty is aggravated | 384 |
murder and the court does not impose a sentence of death or life | 385 |
imprisonment without parole, murder, terrorism and the court does | 386 |
not impose a sentence of life imprisonment without parole, any | 387 |
felony of the first degree that is an offense of violence and the | 388 |
court does not impose a sentence of life imprisonment without | 389 |
parole, or any felony of the second degree that is an offense of | 390 |
violence and the trier of fact finds that the offense involved an | 391 |
attempt to cause or a threat to cause serious physical harm to a | 392 |
person or resulted in serious physical harm to a person. | 393 |
(iv) The court finds that the prison terms imposed pursuant | 396 |
to division (D)(2)(a)(iii) of this section and, if applicable, | 397 |
division (D)(1) or (3) of this section are inadequate to
punish | 398 |
the
offender and protect the public from future crime,
because the | 399 |
applicable factors
under
section 2929.12
of the Revised Code | 400 |
indicating a greater
likelihood of recidivism outweigh
the | 401 |
applicable factors under that section indicating a lesser | 402 |
likelihood of
recidivism. | 403 |
(v) The court finds that the prison terms imposed pursuant to | 404 |
division (D)(2)(a)(iii) of this section and, if applicable, | 405 |
division (D)(1) or (3) of this section are demeaning to the | 406 |
seriousness
of the offense, because one or more of the factors | 407 |
under section
2929.12 of the Revised Code
indicating that the | 408 |
offender's conduct
is more serious than conduct normally | 409 |
constituting the offense are
present, and they outweigh the | 410 |
applicable
factors under that
section indicating that the | 411 |
offender's
conduct is
less serious
than conduct normally | 412 |
constituting the offense. | 413 |
(b) The court shall impose on an offender the longest prison | 414 |
term authorized or required for the offense and shall impose on | 415 |
the offender an additional definite prison term of one, two, | 416 |
three, four, five, six, seven, eight, nine, or ten years if all of | 417 |
the following criteria are met: | 418 |
(ii) The offender within the preceding twenty years has been | 422 |
convicted of or pleaded guilty to three or more offenses described | 423 |
in division (DD)(1) of section 2929.01 of the Revised Code, | 424 |
including all offenses described in that division of which the | 425 |
offender is convicted or to which the offender pleads guilty in | 426 |
the current prosecution and all offenses described in that | 427 |
division of which the offender previously has been convicted or to | 428 |
which the offender previously pleaded guilty, whether prosecuted | 429 |
together or separately. | 430 |
(iii) The offense or offenses of which the offender currently | 431 |
is convicted or to which the offender currently pleads guilty is | 432 |
aggravated murder and the court does not impose a sentence of | 433 |
death or life imprisonment without parole, murder, terrorism and | 434 |
the court does not impose a sentence of life imprisonment without | 435 |
parole, any felony of the first degree that is an offense of | 436 |
violence and the court does not impose a sentence of life | 437 |
imprisonment without parole, or any felony of the second degree | 438 |
that is an offense of violence and the trier of fact finds that | 439 |
the offense involved an attempt to cause or a threat to cause | 440 |
serious physical harm to a person or resulted in serious physical | 441 |
harm to a person. | 442 |
(3)(a) Except when an offender commits a
violation of
section | 456 |
2903.01 or 2907.02 of the
Revised Code and the penalty
imposed for | 457 |
the
violation is life imprisonment or commits a
violation of | 458 |
section
2903.02 of the Revised Code, if the offender
commits a | 459 |
violation of section 2925.03 or 2925.11 of
the Revised
Code and | 460 |
that section classifies the offender as a major drug
offender and | 461 |
requires the
imposition of a ten-year prison term on
the offender, | 462 |
if
the offender commits a felony violation of
section 2925.02, | 463 |
2925.04, 2925.05,
2925.36, 3719.07, 3719.08,
3719.16, 3719.161, | 464 |
4729.37, or
4729.61, division (C) or (D) of
section 3719.172, | 465 |
division
(C) of section 4729.51, or division (J)
of section | 466 |
4729.54
of the Revised Code that includes the sale,
offer to sell, | 467 |
or possession of a schedule
I or II controlled
substance, with the | 468 |
exception of
marihuana, and the
court imposing
sentence upon the | 469 |
offender finds
that the offender is guilty of a
specification of | 470 |
the type
described in section 2941.1410 of the
Revised Code | 471 |
charging
that the offender is a
major drug offender,
if the court | 472 |
imposing sentence upon an offender for
a felony
finds
that the | 473 |
offender is guilty
of corrupt activity with the
most
serious | 474 |
offense in the pattern
of corrupt activity being a
felony
of the | 475 |
first degree, or if the offender is guilty of
an attempted | 476 |
violation of section 2907.02 of the Revised Code and, had the | 477 |
offender completed the violation of section 2907.02 of the Revised | 478 |
Code that was attempted, the offender would have been subject to a | 479 |
sentence of life imprisonment or life imprisonment without parole | 480 |
for the violation of section 2907.02 of the Revised Code, the | 481 |
court shall
impose upon
the offender for the felony violation a | 482 |
ten-year
prison term that
cannot be reduced pursuant to section | 483 |
2929.20 or
Chapter
2967. or 5120. of the Revised Code. | 484 |
(b) The court imposing a prison term on an
offender under | 485 |
division (D)(3)(a) of this
section may impose an additional prison | 486 |
term of one, two, three,
four, five, six, seven, eight, nine, or | 487 |
ten years, if the court,
with respect to the term imposed under | 488 |
division
(D)(3)(a) of this section and, if
applicable, divisions | 489 |
(D)(1) and (2) of this section,
makes both of the findings set | 490 |
forth in divisions
(D)(2)(a)(iv) and (v) of this section. | 491 |
(4) If the offender is being sentenced for a third or fourth | 492 |
degree felony
OVI offense under division (G)(2) of section
2929.13 | 493 |
of the Revised
Code,
the sentencing court shall impose
upon the | 494 |
offender a mandatory prison term in
accordance with that
division. | 495 |
In addition to the mandatory prison term, if the offender is being | 496 |
sentenced for a fourth degree felony OVI offense, the court, | 497 |
notwithstanding division (A)(4) of this section, may sentence the | 498 |
offender to a definite prison term of not less than six months and | 499 |
not more than thirty months, and if the offender is being | 500 |
sentenced for a third degree felony OVI offense, the
sentencing | 501 |
court may sentence the offender to an additional prison
term of | 502 |
any
duration specified in division (A)(3) of this section. In | 503 |
either case, the additional prison term imposed shall be reduced | 504 |
by the sixty or one
hundred twenty days imposed upon the
offender | 505 |
as the mandatory prison term.
The total of the
additional prison | 506 |
term imposed under division (D)(4) of this
section
plus the sixty | 507 |
or one hundred twenty days imposed as the
mandatory prison term | 508 |
shall equal a definite term in the range of six months to thirty | 509 |
months for a fourth degree felony OVI offense and shall equal one | 510 |
of
the authorized prison
terms specified in division (A)(3) of | 511 |
this section for a third degree felony OVI offense. If
the court | 512 |
imposes an additional prison term under division (D)(4) of this | 513 |
section, the offender shall serve the additional prison term after | 514 |
the
offender has served the mandatory prison term required for the | 515 |
offense. In addition to the mandatory prison term or mandatory and | 516 |
additional prison term imposed as described in division (D)(4) of | 517 |
this section, the
court also may sentence the offender to a | 518 |
community
control sanction under
section 2929.16 or 2929.17 of the | 519 |
Revised
Code, but the offender shall serve all of the prison terms | 520 |
so imposed prior to serving the community control sanction. | 521 |
(5) If an offender is convicted of or pleads guilty to a | 527 |
violation of division (A)(1) or (2) of section 2903.06 of the | 528 |
Revised Code and also is convicted of or pleads guilty to a | 529 |
specification of the type described in section 2941.1414 of the | 530 |
Revised Code that charges that the victim of the offense is a | 531 |
peace officer, as defined in section 2935.01 of the Revised Code, | 532 |
or an investigator of the bureau of criminal identification and | 533 |
investigation, as defined in section 2903.11 of the Revised Code, | 534 |
the court shall impose on the offender a prison term of five | 535 |
years. If a court imposes a prison term on an offender under | 536 |
division (D)(5) of this section, the prison term shall not be | 537 |
reduced pursuant to section 2929.20, section 2967.193, or any | 538 |
other provision of Chapter 2967. or Chapter 5120. of the Revised | 539 |
Code. A court shall not impose more than one prison term on an | 540 |
offender under division (D)(5) of this section for felonies | 541 |
committed as part of the same act. | 542 |
(6) If an offender is convicted of or pleads guilty to a | 543 |
violation of division (A)(1) or (2) of section 2903.06 of the | 544 |
Revised Code and also is convicted of or pleads guilty to a | 545 |
specification of the type described in section 2941.1415 of the | 546 |
Revised Code that charges that the offender previously has been | 547 |
convicted of or pleaded guilty to three or more violations of | 548 |
division (A)
or (B) of section 4511.19 of the Revised Code or an | 549 |
equivalent
offense, as defined in section 2941.1415 of the Revised | 550 |
Code, or three or more violations of any combination of those | 551 |
divisions and offenses, the
court shall impose on the offender a | 552 |
prison term of three years.
If a court imposes a prison term on an | 553 |
offender under division
(D)(6) of this section, the prison term | 554 |
shall not be reduced
pursuant to section 2929.20, section | 555 |
2967.193, or any other
provision of Chapter 2967. or Chapter 5120. | 556 |
of the Revised Code.
A
court shall not impose more than one prison | 557 |
term on an offender
under division (D)(6) of this section for | 558 |
felonies committed as
part of the same act. | 559 |
(E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a | 560 |
mandatory prison term
is imposed
upon an offender pursuant to | 561 |
division (D)(1)(a) of this
section for having a firearm on or | 562 |
about the offender's person or under the
offender's
control while | 563 |
committing a felony, if a mandatory prison term
is imposed
upon an | 564 |
offender pursuant to division (D)(1)(c) of
this section for | 565 |
committing a felony specified in that division by discharging
a | 566 |
firearm from a motor vehicle, or if both types of mandatory prison | 567 |
terms
are imposed, the offender shall serve
any mandatory prison | 568 |
term
imposed under either division
consecutively to any other | 569 |
mandatory prison term imposed under either division
or under | 570 |
division (D)(1)(d) of this
section,
consecutively to and prior to | 571 |
any prison term
imposed for the underlying felony pursuant to | 572 |
division (A),
(D)(2), or (D)(3) of this section or any other | 573 |
section of the Revised Code, and consecutively to any other prison | 574 |
term
or
mandatory prison term previously or subsequently imposed | 575 |
upon the
offender. | 576 |
(b) If a mandatory prison term is imposed upon an offender | 577 |
pursuant to division (D)(1)(d) of this section for
wearing or | 578 |
carrying body armor while committing an offense of violence that | 579 |
is a felony,
the offender shall serve the mandatory
term so | 580 |
imposed consecutively to any other mandatory prison term
imposed | 581 |
under that division or under division (D)(1)(a)
or (c) of
this | 582 |
section, consecutively to and prior to any prison term imposed for | 583 |
the underlying felony under division (A), (D)(2), or
(D)(3)
of | 584 |
this section or any other section of the Revised Code, and | 585 |
consecutively to any other
prison term or mandatory prison term | 586 |
previously or subsequently
imposed upon the offender. | 587 |
(c) If a mandatory prison term is imposed upon an offender | 588 |
pursuant to division (D)(1)(f) of this section, the offender shall | 589 |
serve the mandatory prison term so imposed consecutively to and | 590 |
prior to any prison term imposed for the underlying felony under | 591 |
division (A), (D)(2), or (D)(3) of this section or any other | 592 |
section of the Revised Code, and consecutively to any other prison | 593 |
term or mandatory prison term previously or subsequently imposed | 594 |
upon the offender. | 595 |
(2) If an offender who is an inmate in a jail, prison,
or | 596 |
other residential detention facility violates section 2917.02, | 597 |
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender | 598 |
who is under detention at a detention facility commits a felony | 599 |
violation of section 2923.131 of the Revised Code, or if an | 600 |
offender who is an
inmate in a jail, prison, or other residential | 601 |
detention facility or is under
detention at a detention facility | 602 |
commits another felony while the offender is
an
escapee in | 603 |
violation of
section 2921.34 of the Revised Code, any prison
term | 604 |
imposed upon the offender for one of those violations
shall be | 605 |
served by the offender consecutively to the prison term or term of | 606 |
imprisonment the offender
was serving when the offender committed | 607 |
that offense and to any other prison
term previously or | 608 |
subsequently imposed upon the offender. | 609 |
(3) If a prison term is imposed for a violation of division | 610 |
(B) of section 2911.01 of the Revised
Code, a violation of | 611 |
division (A) of section 2913.02 of the Revised Code in which the | 612 |
stolen property is a firearm or dangerous ordnance, or a felony | 613 |
violation of division
(B) of section 2921.331
of the Revised Code, | 614 |
the offender shall serve that
prison term
consecutively to any | 615 |
other prison term or mandatory prison term
previously or | 616 |
subsequently
imposed upon the offender. | 617 |
(4) If multiple prison terms are imposed on an offender
for | 618 |
convictions of multiple offenses, the court may require the | 619 |
offender to serve the prison terms consecutively if the court | 620 |
finds that the consecutive service is necessary to protect the | 621 |
public from future crime or to punish the offender and that | 622 |
consecutive sentences are not disproportionate to the seriousness | 623 |
of the
offender's conduct and to the danger the offender
poses to | 624 |
the public, and if the court also finds any
of the following: | 625 |
(5) If a mandatory prison term is imposed upon an offender | 640 |
pursuant to division (D)(5) or (6) of this section, the offender | 641 |
shall serve the mandatory prison term consecutively to and prior | 642 |
to any prison term imposed for the underlying violation of | 643 |
division (A)(1) or (2) of section 2903.06 of the Revised Code | 644 |
pursuant to division (A) of this section or section 2929.142 of | 645 |
the Revised Code. If a mandatory prison
term is imposed upon an | 646 |
offender pursuant to division (D)(5) of
this section, and if a | 647 |
mandatory prison term also is imposed upon
the offender pursuant | 648 |
to division (D)(6) of this section in
relation to the same | 649 |
violation, the offender shall serve the
mandatory prison term | 650 |
imposed pursuant to division (D)(5) of this
section consecutively | 651 |
to and prior to the mandatory prison term
imposed pursuant to | 652 |
division (D)(6) of this section and
consecutively to and prior to | 653 |
any prison term imposed for the
underlying violation of division | 654 |
(A)(1) or (2) of section 2903.06
of the Revised Code pursuant to | 655 |
division (A) of this section or section 2929.142 of the Revised | 656 |
Code. | 657 |
(F)(1) If a court imposes a prison term for a felony of the | 661 |
first degree, for a felony of the second degree, for a felony sex | 662 |
offense, or for a felony of the third degree that is not a felony | 663 |
sex offense and in the commission of which the offender caused or | 664 |
threatened to cause physical harm to a person, it shall
include in | 665 |
the sentence a
requirement that the offender be subject
to a | 666 |
period of
post-release control after the offender's release
from | 667 |
imprisonment, in
accordance with that division. If a court imposes | 668 |
a sentence including a prison term of a type described in this | 669 |
division on or after July 11, 2006, the failure of a court to | 670 |
include a post-release control requirement in the sentence | 671 |
pursuant to this division does not negate, limit, or otherwise | 672 |
affect the mandatory period of post-release control that is | 673 |
required for the offender under division (B) of section 2967.28 of | 674 |
the Revised Code. Section 2929.191 of the Revised Code applies if, | 675 |
prior to July 11, 2006, a court imposed a sentence including a | 676 |
prison term of a type described in this division and failed to | 677 |
include in the sentence pursuant to this division a statement | 678 |
regarding post-release control. | 679 |
(2) If a court
imposes a prison term
for a felony of the | 680 |
third, fourth, or fifth degree that is not subject to division | 681 |
(F)(1) of this section, it
shall include in the sentence a | 682 |
requirement that the
offender be
subject to a period of | 683 |
post-release control after the
offender's release
from | 684 |
imprisonment, in accordance with that
division, if the
parole | 685 |
board determines that a period of
post-release control is | 686 |
necessary. Section 2929.191 of the Revised Code applies if, prior | 687 |
to July 11, 2006, a court imposed a sentence including a prison | 688 |
term of a type described in this division and failed to include in | 689 |
the sentence pursuant to this division a statement regarding | 690 |
post-release control. | 691 |
(2) A person is convicted of or pleads guilty to a violation | 702 |
of division (A)(1)(b) of section 2907.02 of the Revised Code | 703 |
committed on or after January
2, 2007, and either the court does | 704 |
not impose a sentence of life
without parole when authorized | 705 |
pursuant to division (B) of section
2907.02 of the Revised Code, | 706 |
or division (B) of section 2907.02 of
the Revised Code provides | 707 |
that the court shall not sentence the
offender pursuant to | 708 |
section 2971.03 of the Revised Code. | 709 |
(5) A person is convicted of or pleads guilty to aggravated | 719 |
murder committed on or after the effective date of this amendment | 720 |
January 1, 2008,
and division (A)(2)(b)(ii) of section 2929.022, | 721 |
division
(A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), | 722 |
(D)(3)(a)(iv),
or (E)(1)(d) of section 2929.03, or division (A) | 723 |
or (B) of section
2929.06 of the Revised Code requires the court | 724 |
to sentence the
offender pursuant to division (B)(3) of section | 725 |
2971.03 of the
Revised Code. | 726 |
(H) If a person who has been convicted of or pleaded guilty | 732 |
to a felony is
sentenced to a prison term or term of imprisonment | 733 |
under this section,
sections 2929.02 to 2929.06 of the Revised | 734 |
Code, section 2929.142 of the Revised Code, section 2971.03 of the | 735 |
Revised Code, or any other provision
of law, section 5120.163 of | 736 |
the Revised
Code applies regarding the
person while the person is | 737 |
confined in a state
correctional
institution. | 738 |
(I) If an offender who is convicted of or pleads guilty to a | 739 |
felony that is an offense of violence
also is convicted of or | 740 |
pleads guilty to a specification of the
type described in section | 741 |
2941.142 of the
Revised Code that charges the offender with having | 742 |
committed
the felony while participating in a criminal gang, the | 743 |
court shall impose upon
the offender an additional prison term of | 744 |
one, two, or three years. | 745 |
(J) If an offender who is convicted of or pleads guilty to | 746 |
aggravated murder, murder, or a
felony of the first, second, or | 747 |
third degree that is an
offense of violence also is convicted of | 748 |
or pleads guilty to a
specification of the type described in | 749 |
section 2941.143 of the
Revised
Code that charges the offender | 750 |
with having committed the offense in a school safety
zone or | 751 |
towards a person in a school safety zone, the court shall impose | 752 |
upon the offender an additional prison term of two years. The | 753 |
offender shall
serve the additional two years consecutively to and | 754 |
prior to the prison term
imposed for the underlying offense. | 755 |
(K) At the time of sentencing, the court
may recommend the | 756 |
offender for
placement in a program of shock incarceration
under | 757 |
section 5120.031 of the Revised Code or for
placement
in an | 758 |
intensive program prison
under
section 5120.032 of the Revised | 759 |
Code, disapprove placement of the
offender in a program of shock | 760 |
incarceration or
an intensive
program
prison
of that nature, or | 761 |
make
no recommendation on placement of
the offender.
In no case | 762 |
shall
the department of rehabilitation and correction place the | 763 |
offender
in a program or prison of that nature unless the | 764 |
department
determines as specified in section 5120.031 or 5120.032 | 765 |
of the
Revised Code, whichever is applicable, that the offender is | 766 |
eligible for the placement. | 767 |
If the court does not make a recommendation under this | 784 |
division with
respect to an
offender
and if the
department | 785 |
determines as specified in section 5120.031 or 5120.032
of the | 786 |
Revised Code, whichever is applicable, that the offender is | 787 |
eligible for placement in a program or prison of that nature, the | 788 |
department shall screen the offender and
determine if there is an | 789 |
available program of shock incarceration or an
intensive program | 790 |
prison for which the offender is suited. If there is an
available | 791 |
program of shock incarceration or an intensive program prison for | 792 |
which the offender is suited, the department shall notify the | 793 |
court of the
proposed placement of the offender
as specified in | 794 |
section 5120.031 or 5120.032 of the Revised Code and shall include | 795 |
with the notice a brief
description of the placement. The court | 796 |
shall have ten days from receipt of
the notice to disapprove the | 797 |
placement. | 798 |