Section 1. That sections 2307.60, 2901.05, 2923.12, 2923.121, | 85 |
2923.122,
2923.125, 2923.126, 2923.128, 2923.129, 2923.1210, | 86 |
2923.1212,
2923.1213, 2923.16, and 2929.14 be
amended and | 87 |
sections 2307.601, 2901.09, and 2923.163 of the Revised
Code be | 88 |
enacted to
read as follows: | 89 |
Sec. 2307.60. (A)(1)
Anyone injured in person or property by | 90 |
a
criminal act has, and
may recover full damages in, a civil | 91 |
action
unless specifically excepted by
law, may recover the costs | 92 |
of
maintaining the civil action and attorney's fees
if authorized | 93 |
by
any provision of the Rules of Civil Procedure or another | 94 |
section
of the Revised Code or under the common law of this state, | 95 |
and may
recover
punitive or exemplary damages if authorized by | 96 |
section
2315.21 or another
section of the Revised Code. | 97 |
(2) A final judgment of a trial court that has not been | 98 |
reversed on appeal or otherwise set aside, nullified, or vacated, | 99 |
entered after a trial or upon a plea of guilty, but not upon a | 100 |
plea of no contest or the equivalent plea from another | 101 |
jurisdiction, that adjudges an offender guilty of an offense of | 102 |
violence punishable by death or imprisonment in excess of one | 103 |
year, when entered as evidence in any subsequent civil proceeding | 104 |
based on the criminal act, shall preclude the offender from | 105 |
denying in the subsequent civil proceeding any fact essential to | 106 |
sustaining that judgment, unless the offender can demonstrate that | 107 |
extraordinary circumstances prevented the offender from having a | 108 |
full and fair opportunity to litigate the issue in the criminal | 109 |
proceeding or other extraordinary circumstances justify affording | 110 |
the offender an opportunity to relitigate the issue. The offender | 111 |
may introduce evidence of the offender's pending appeal of the | 112 |
final judgment of the trial court, if applicable, and the court | 113 |
may consider that evidence in determining the liability of the | 114 |
offender. | 115 |
(a) "Tort action"
means a civil action for damages for | 117 |
injury, death, or loss to
person or property other than a civil | 118 |
action for damages for a
breach of contract or another agreement | 119 |
between persons. "Tort
action" includes, but is not limited to, a | 120 |
product liability
claim, as defined in section 2307.71 of the | 121 |
Revised Code, and an
asbestos claim, as defined in section | 122 |
2307.91 of the Revised Code,
an action for wrongful death under | 123 |
Chapter 2125. of the
Revised
Code, and an action based on | 124 |
derivative claims for relief. | 125 |
(3) Division(b) The person engaged in
conduct that, if | 135 |
prosecuted, would constitute a felony, a
misdemeanor that is an | 136 |
offense of violence, an attempt to commit a
felony, or an attempt | 137 |
to commit a misdemeanor that is an offense
of violence and that | 138 |
conduct was a proximate cause of the injury or loss for which | 139 |
relief is claimed in the tort action, regardless of whether the | 140 |
person has been convicted
of or pleaded guilty to or has been | 141 |
charged with committing the
felony, the misdemeanor, or the | 142 |
attempt to commit the felony or
misdemeanor. | 143 |
(c) The person suffered the injury or loss for which relief | 144 |
is claimed in the tort action as a proximate result of the victim | 145 |
of conduct
that, if prosecuted, would constitute a
felony, a | 146 |
misdemeanor
that is an offense of violence, an attempt to commit | 147 |
a felony, or an attempt to commit a misdemeanor that is an offense | 148 |
of violence acting against the person
in
self-defense, defense | 149 |
of another, or defense of the victim's
residence, regardless of | 150 |
whether the person has been convicted of
or pleaded guilty to or | 151 |
has been charged with committing the
felony, the misdemeanor, or | 152 |
the attempt to commit the felony or misdemeanor. Division | 153 |
(B)(2)(c) of this section does not
apply if the person who | 154 |
suffered the injury or loss, at the time
of the victim's act of | 155 |
self-defense, defense of another, or
defense of residence, was an | 156 |
innocent bystander who had no
connection with the underlying | 157 |
conduct that prompted the victim's
exercise of self-defense, | 158 |
defense of another, or defense of
residence. | 159 |
(3) Recovery against a victim of conduct that, if prosecuted, | 160 |
would constitute a felony, a misdemeanor
that is an offense of | 161 |
violence, an attempt to commit a felony, or an attempt to commit a | 162 |
misdemeanor that is an offense of violence, on a claim for relief | 163 |
in a tort
action is barred to any
person or the person's legal | 164 |
representative if conduct the person engaged in against that | 165 |
victim was a proximate cause of the injury or loss
for which | 166 |
relief is claimed
in the tort action and that conduct, if | 167 |
prosecuted, would constitute a felony, a misdemeanor that is an | 168 |
offense of violence, an attempt to commit a felony, or an attempt | 169 |
to commit a misdemeanor that is an offense of violence, regardless | 170 |
of whether the person has been
convicted of or pleaded guilty to | 171 |
or has been charged with
committing the felony, the misdemeanor, | 172 |
or the attempt to commit the felony or misdemeanor. | 173 |
(4) Divisions (B)(1) to (3) of this section doesdo not | 174 |
apply to civil
claims based upon alleged intentionally
tortious | 175 |
conduct, alleged
violations of the United States
Constitution, or | 176 |
alleged
violations of statutes of the United
States pertaining to | 177 |
civil
rights. For purposes of division (B)(4) of this section, a | 178 |
person's act of self-defense, defense of another, or defense of | 179 |
the person's residence does not constitute intentionally tortious | 180 |
conduct. | 181 |
(B) For purposes of determining the potential liability of a | 187 |
person in a tort action related to the person's use of force | 188 |
alleged to be in self-defense, defense of another, or defense of | 189 |
the person's residence, if the person lawfully is in that person's | 190 |
residence, the person has no duty to retreat before using force in | 191 |
self-defense, defense of another, or defense of that person's | 192 |
residence, and, if the person lawfully is an occupant of that | 193 |
person's vehicle or lawfully is an occupant in a vehicle owned by | 194 |
an immediate family member of the person, the person has no duty | 195 |
to retreat before using force in self-defense or defense of | 196 |
another. | 197 |
(B)(1) Subject to division (B)(2) of this section, a person | 205 |
is presumed to have acted in self defense or defense of another
| 206 |
when using defensive force that is intended or likely to cause | 207 |
death or great bodily harm to another if the person against whom | 208 |
the defensive force is used is in the process of unlawfully and | 209 |
without privilege to do so entering, or has unlawfully and without | 210 |
privilege to do so entered, the residence or vehicle occupied by | 211 |
the person using the defensive force. | 212 |
(2) "Dwelling" means a building or conveyance of any kind | 235 |
that has a roof over it and that is designed to be occupied by | 236 |
people lodging in the building or conveyance at night, regardless | 237 |
of whether the building or conveyance is temporary or permanent or | 238 |
is mobile or immobile. As used in this division, a building or | 239 |
conveyance includes, but is not limited to, an attached porch, and | 240 |
a building or conveyance with a roof over it includes, but is not | 241 |
limited to, a tent. | 242 |
(D)(E) "Reasonable doubt" is present when the jurors, after | 247 |
they
have carefully considered and compared all the evidence, | 248 |
cannot
say they are firmly convinced of the truth of the charge. | 249 |
It is a
doubt based on reason and common sense. Reasonable doubt | 250 |
is not
mere possible doubt, because everything relating to human | 251 |
affairs
or depending on moral evidence is open to some possible | 252 |
or
imaginary doubt. "Proof beyond a reasonable doubt" is proof
of | 253 |
such character that an ordinary person would be willing to
rely | 254 |
and act upon it in the most important of histhe person's
own | 255 |
affairs. | 256 |
(B) For purposes of any section of the Revised Code that sets | 260 |
forth a criminal offense, a person who lawfully is in that | 261 |
person's
residence has no duty to retreat before using force in | 262 |
self-defense, defense of another, or defense of that person's | 263 |
residence, and a person who lawfully is an occupant of that | 264 |
person's vehicle or who lawfully is an occupant in a vehicle owned | 265 |
by an immediate family member of the person has no duty to retreat | 266 |
before using force in self-defense or defense of another. | 267 |
(3) If the person is stopped for a law enforcement purpose, | 293 |
if the person is carrying a concealed handgun, and if the person | 294 |
is approached by any law enforcement officer while stopped, | 295 |
knowingly remove or attempt to remove the loaded handgun from the | 296 |
holster, pocket, or other place in which the person is carrying | 297 |
it, knowingly grasp or hold the loaded handgun, or knowingly have | 298 |
contact with the loaded handgun by touching it with the person's | 299 |
hands or fingers at any time after the law enforcement officer | 300 |
begins approaching and before the law enforcement officer leaves, | 301 |
unless the person removes, attempts to remove, grasps, holds, or | 302 |
has contact with the loaded handgun pursuant to and in accordance | 303 |
with directions given by the law enforcement officer; | 304 |
(2) Division (A)(2) of this
section does not apply to any | 331 |
person who, at
the time of the
alleged carrying or
possession of a | 332 |
handgun, is
carrying a valid
license or temporary emergency | 333 |
license to carry a
concealed handgun issued to
the person under | 334 |
section
2923.125 or 2923.1213 of
the Revised
Code or a license to | 335 |
carry a concealed handgun that was issued by another state with | 336 |
which the attorney general has entered into a reciprocity | 337 |
agreement under section 109.69 of the Revised Code, unless the | 338 |
person
knowingly
is in a place
described in division
(B) of | 339 |
section 2923.126 of the
Revised
Code. | 340 |
(E) It is an affirmative defense to a charge under division | 365 |
(A) of this section of carrying or having control of a handgun | 366 |
other than a dangerous ordnance that the actor was not otherwise | 367 |
prohibited by law from having the handgun and that the handgun was | 368 |
carried or kept ready at hand by the actor for any lawful purpose | 369 |
and while in the actor's own home, provided that this affirmative | 370 |
defense is not available unless the actor, prior to arriving at | 371 |
the actor's own home, did not transport or possess the handgun in | 372 |
a motor vehicle in a manner prohibited by division (B) or (C) of | 373 |
section 2923.16 of the Revised Code while the motor vehicle was | 374 |
being operated on a street, highway, or other public or private | 375 |
property used by the public for vehicular traffic. | 376 |
(G)(F)(1) Whoever violates this
section is guilty of carrying | 382 |
concealed weapons. Except as otherwise provided in this division | 383 |
or division (G)(F)(2) of this section, carrying concealed weapons | 384 |
in violation of division (A) of this section is a misdemeanor of | 385 |
the first degree. Except as otherwise provided in this division or | 386 |
division (G)(F)(2) of this section, if the
offender previously has | 387 |
been convicted of a violation of this
section or of any offense of | 388 |
violence, if the weapon involved is a
firearm
that is
either | 389 |
loaded or for which the offender has
ammunition ready at
hand, or | 390 |
if the weapon involved is dangerous
ordnance,
carrying concealed | 391 |
weapons in violation of division (A) of this section is a felony | 392 |
of the
fourth
degree. Except as otherwise provided in division | 393 |
(G)(F)(2) of this section, if the weapon involved is a firearm and | 394 |
the violation
of
this
section is committed at premises for which a | 395 |
D permit
has
been issued
under Chapter 4303. of the Revised
Code | 396 |
or if
the
offense is committed aboard an aircraft, or with purpose | 397 |
to
carry
a concealed weapon aboard an aircraft, regardless of the | 398 |
weapon
involved, carrying concealed weapons
in violation of | 399 |
division (A) of this section is a
felony of the
third degree. | 400 |
(2) If a person being arrested for a violation of division | 401 |
(A)(2) of this section promptly produces a valid license or | 402 |
temporary emergency license to carry a concealed handgun issued | 403 |
under section 2923.125 or 2923.1213 of the Revised Code or a | 404 |
license to carry a concealed handgun that was issued by another | 405 |
state with which the attorney general has entered into a | 406 |
reciprocity agreement under section 109.69 of the Revised Code, | 407 |
and if at the time of the violation the person was not knowingly | 408 |
in a place described in division (B) of section 2923.126 of the | 409 |
Revised Code, the officer shall not arrest the person for a | 410 |
violation of that division. If the person is not able to promptly | 411 |
produce any of those types of license and if the person is not in | 412 |
a place described in that section, the officer may arrest the | 413 |
person for a violation of that division, and the offender shall be | 414 |
punished as follows: | 415 |
(i) Within ten days after the arrest, the offender presents a | 418 |
license or temporary emergency license to carry a concealed | 419 |
handgun issued under section 2923.125 or 2923.1213 of the Revised | 420 |
Code or a license to carry a concealed handgun that was issued by | 421 |
another state with which the attorney general has entered into a | 422 |
reciprocity agreement under section 109.69 of the Revised Code, | 423 |
which license was valid at the time of the arrest to the law | 424 |
enforcement agency that employs the arresting officer. | 425 |
(3) CarryingExcept as otherwise provided in this division, | 451 |
carrying concealed weapons in violation of division (B)(1) of this | 452 |
section is a misdemeanor of the first degree, and, in addition to | 453 |
any other penalty or sanction imposed for a violation of division | 454 |
(B)(1) of this section, the offender's license or temporary | 455 |
emergency license to carry a concealed handgun shall be suspended | 456 |
pursuant to division (A)(2) of section 2923.128 of the Revised | 457 |
Code. If, at the time of the stop of the offender for a law | 458 |
enforcement purpose that was the basis of the violation, any law | 459 |
enforcement officer involved with the stop had
actual knowledge | 460 |
that the offender has been issued a license
or
temporary | 461 |
emergency license to carry a concealed handgun,
carrying | 462 |
concealed weapons in violation of division (B)(1) of this
section | 463 |
is a minor misdemeanor, and the offender's license or
temporary | 464 |
emergency license to carry a concealed handgun shall not
be | 465 |
suspended pursuant to division (A)(2) of section 2923.128 of
the | 466 |
Revised Code. | 467 |
(4) Carrying concealed weapons in violation of division | 468 |
(B)(2) or (4) of this section is a misdemeanor of the first degree | 469 |
or, if the offender previously has been convicted of or pleaded | 470 |
guilty to a violation of division (B)(2) or (4) of this section, a | 471 |
felony of the fifth degree. In addition to any other penalty or | 472 |
sanction imposed for a misdemeanor violation of division (B)(2) or | 473 |
(4) of this section, the offender's license or temporary emergency | 474 |
license to carry a concealed handgun shall be suspended pursuant | 475 |
to division (A)(2) of section 2923.128 of the Revised Code. | 476 |
(H)(G) If a law enforcement officer stops a person to | 479 |
question the person regarding a possible violation of this | 480 |
section, for a traffic stop, or for any other law enforcement | 481 |
purpose, if the person surrenders a firearm to the officer, either | 482 |
voluntarily or pursuant to a request or demand of the officer, and | 483 |
if the officer does not charge the person with a violation of this | 484 |
section or arrest the person for any offense, the person is not | 485 |
otherwise prohibited by law from possessing the firearm, and the | 486 |
firearm is not contraband, the officer shall return the firearm to | 487 |
the person at the termination of the stop. If a court orders a law | 488 |
enforcement officer to return a firearm to a person pursuant to | 489 |
the requirement set forth in this division, division (B) of | 490 |
section 2923.163 of the Revised Code applies. | 491 |
(d) The principal holder of a D permit issued for premises or | 511 |
an open
air arena under Chapter 4303. of the Revised Code while | 512 |
in the premises or open air arena for which the permit was issued | 513 |
if the principal holder of the D permit also possesses a valid | 514 |
license or temporary emergency license to carry a concealed | 515 |
handgun issued to the principal holder under section 2923.125 or | 516 |
2923.1213 of the Revised Code or a license to carry a concealed | 517 |
handgun that was issued to the principal holder by another state | 518 |
with which the attorney general has entered into a reciprocity | 519 |
agreement under section 109.69 of the Revised Code and as long as | 520 |
the principal holder is not consuming liquor or under the | 521 |
influence of alcohol or a drug of abuse, or any
agent
or | 522 |
employee of that holder who also is a peace officer, as
defined | 523 |
in section 2151.3515 of the Revised Code, who is off duty,
and | 524 |
who otherwise is authorized to carry firearms while in the
course | 525 |
of the officer's official duties and while in the premises
or | 526 |
open air arena
for which the
permit was issued and as long as | 527 |
the agent or employee of that holder is not consuming liquor or | 528 |
under the influence of alcohol or a drug of abuse. | 529 |
(e) Any person who is carrying a valid license or temporary | 530 |
emergency license to carry a concealed handgun issued to the | 531 |
person under section 2923.125 or 2923.1213 of the Revised Code or | 532 |
a license to carry a concealed handgun that was issued to the | 533 |
person by another
state with which the attorney general has | 534 |
entered into a
reciprocity agreement under section 109.69 of the | 535 |
Revised Code and who possesses the firearm in a retail store with | 536 |
D-6 and D-8 permits issued for that store under sections 4303.182 | 537 |
and 4303.184 of the Revised Code or a D-8 permit issued for that | 538 |
store under section 4303.184 of the Revised Code, as
long as the | 539 |
person is not consuming liquor or under the influence
of alcohol | 540 |
or a drug of abuse. | 541 |
(4)(3) This section does not apply to any person possessing | 549 |
or
displaying firearms in any room used to exhibit unloaded | 550 |
firearms
for sale or trade in a soldiers' memorial established | 551 |
pursuant to
Chapter 345. of the Revised Code, in a convention | 552 |
center, or in
any other public meeting place, if the person is an | 553 |
exhibitor,
trader, purchaser, or seller of firearms and is not | 554 |
otherwise
prohibited by law from possessing, trading, purchasing, | 555 |
or selling
the firearms. | 556 |
(E) Whoever violates this section is guilty of illegal | 580 |
possession of a firearm in liquor permit premises,. Except as | 581 |
otherwise provided in this division, illegal possession of a | 582 |
firearm in liquor permit premises is a felony of the
fifth
degree. | 583 |
If the offender commits the violation of this section by knowingly | 584 |
carrying or having the firearm concealed on the offender's person | 585 |
or concealed ready at hand, illegal possession of a firearm in | 586 |
liquor permit premises is a felony of the third degree. | 587 |
(a) An officer, agent, or
employee of this or any other state | 601 |
or the United States, or a
law enforcement officer, who is | 602 |
authorized to carry deadly weapons or
dangerous ordnance and is | 603 |
acting within the scope of the officer's, agent's, or employee's | 604 |
duties,
a security officer employed by a board of education or | 605 |
governing
body of a school during the time that the security | 606 |
officer is on
duty pursuant to that contract of employment, or | 607 |
any other
person who has written authorization from the board of | 608 |
education
or governing body of a school to convey deadly weapons | 609 |
or
dangerous ordnance into a school
safety zone or to
possess a | 610 |
deadly weapon or dangerous ordnance in a
school
safety zone and | 611 |
who conveys or possesses the deadly weapon or dangerous ordnance | 612 |
in accordance
with that authorization; | 613 |
(2) Division (C) of this section does not apply to
premises | 620 |
upon
which home schooling is conducted. Division (C) of
this | 621 |
section
also does not apply to a school administrator, teacher, or | 622 |
employee who possesses an object that is indistinguishable from a | 623 |
firearm for
legitimate school purposes during the course of | 624 |
employment, a student who uses
an object that is indistinguishable | 625 |
from a firearm under the direction of a
school administrator, | 626 |
teacher, or employee, or any other person who with the
express | 627 |
prior approval of a school administrator possesses
an object that | 628 |
is indistinguishable from a firearm for a legitimate purpose, | 629 |
including the use of the object in a ceremonial activity, a play, | 630 |
reenactment,
or other dramatic presentation, or a ROTC activity or | 631 |
another similar
use of the object. | 632 |
(E)(1) Whoever violates division (A)
or (B) of this section | 667 |
is guilty of illegal
conveyance or possession of a deadly weapon | 668 |
or
dangerous ordnance
in a school safety zone.
Except as | 669 |
otherwise provided in this division, illegal conveyance or | 670 |
possession of a deadly weapon or dangerous
ordnance in a school | 671 |
safety zone is a felony of the fifth degree. If the
offender | 672 |
previously has been convicted of a violation of this section, | 673 |
illegal conveyance or possession of a deadly
weapon or dangerous | 674 |
ordnance in a school safety zone is a
felony of the fourth degree. | 675 |
(2) Whoever violates division (C) of this section is
guilty | 676 |
of illegal possession of an object indistinguishable from a | 677 |
firearm
in a
school
safety zone. Except as otherwise provided in | 678 |
this
division, illegal possession
of an object indistinguishable | 679 |
from a firearm in a school
safety zone is a misdemeanor of the | 680 |
first degree. If
the offender previously has
been convicted of a | 681 |
violation of this section, illegal possession of an object | 682 |
indistinguishable from a firearm in a school
safety zone is a | 683 |
felony of the fifth
degree. | 684 |
(F)(1) In addition to any other penalty imposed upon a
person | 685 |
who
is convicted of or pleads guilty to a violation
of this | 686 |
section and subject to division (F)(2) of this
section, if the | 687 |
offender has not attained nineteen years of age, regardless of | 688 |
whether the
offender is attending or is enrolled in a school | 689 |
operated by a board of
education or for which the state board of | 690 |
education prescribes minimum
standards under section 3301.07 of | 691 |
the Revised Code, the
court shall impose upon the offender a
class | 692 |
four suspension
of the
offender's probationary
driver's
license, | 693 |
restricted
license, driver's license,
commercial
driver's license, | 694 |
temporary
instruction permit, or probationary
commercial
driver's | 695 |
license
that then is in effect from the
range specified in | 696 |
division
(A)(4) of section
4510.02 of the Revised Code and
shall | 697 |
deny
the
offender the
issuance of
any
permit
or license of that | 698 |
type
during the
period
of
the
suspension. | 699 |
Sec. 2923.125.
(A) Upon the request of a person who wishes | 715 |
to obtain a license to carry a concealed handgun or to renew a | 716 |
license to carry a concealed handgun, a sheriff, as provided in | 717 |
division (I) of this section, shall provide to
the person free of | 718 |
charge an application form and a copy of the
pamphlet described in | 719 |
division (B) of section 109.731 of the
Revised Code. A sheriff | 720 |
shall accept a completed application form and the fee, items, | 721 |
materials, and information specified in divisions (B)(1) to (5) of | 722 |
this section at the times and in the manners described in division | 723 |
(I) of this section. | 724 |
(1) A nonrefundable license fee prescribed by the Ohio peace | 730 |
officer training commission pursuant to division (C) of section | 731 |
109.731 of the Revised Code, except that the sheriff
shall waive | 732 |
the payment of the license fee
in connection with an
initial or | 733 |
renewal application for a license that is
submitted by
an | 734 |
applicant who is a retired peace officer, a
retired person | 735 |
described in division (B)(1)(b) of section 109.77
of
the Revised | 736 |
Code, or a retired federal law enforcement officer
who, prior to | 737 |
retirement, was authorized under federal law to
carry a firearm in | 738 |
the course of duty, unless the retired peace officer, person, or | 739 |
federal law enforcement
officer retired as the result of a mental | 740 |
disability; | 741 |
(3) One or more of the following
competency
certifications, | 744 |
each of which shall reflect that, regarding a certification | 745 |
described in division (B)(3)(a), (b), (c), (e), or (f) of this | 746 |
section, within
the three
years immediately preceding the | 747 |
application the
applicant has
performed that to which the | 748 |
competency certification
relates and that, regarding a | 749 |
certification described in division (B)(3)(d) of this section, the | 750 |
applicant currently is an active or reserve member of the armed | 751 |
forces of the United States or within the six years immediately | 752 |
preceding the application the honorable discharge or retirement to | 753 |
which the competency certification relates occurred: | 754 |
(iii) It was offered
by or under the auspices of a
law | 771 |
enforcement agency of this or
another state or the United
States, | 772 |
a public or private college,
university, or other similar | 773 |
postsecondary educational
institution
located in this or another | 774 |
state, a firearms training
school
located in this or another | 775 |
state, or another type of public
or
private entity or organization | 776 |
located in this or another
state. | 777 |
(c) An original or photocopy of a certificate of completion | 780 |
of a state, county, municipal, or department of natural resources | 781 |
peace officer training school that is approved by the executive | 782 |
director
of the Ohio peace officer training commission pursuant to | 783 |
section
109.75 of the Revised Code and that complies with the | 784 |
requirements set forth in division (G) of this section, or the | 785 |
applicant has satisfactorily
completed and been issued a | 786 |
certificate of completion of a basic
firearms training program, a | 787 |
firearms requalification training
program, or another basic | 788 |
training program described in section
109.78 or 109.801 of the | 789 |
Revised Code that complies with the requirements set forth in | 790 |
division (G) of this section; | 791 |
(i) That the applicant is an active or reserve member of
the | 793 |
armed forces of the United States, was honorably discharged
from | 794 |
military service in the active or reserve armed forces of the | 795 |
United States, is a retired trooper of the state highway patrol, | 796 |
or is a retired peace officer or federal law enforcement officer | 797 |
described in division (B)(1) of this section or a retired person | 798 |
described in division (B)(1)(b) of section 109.77 of the Revised | 799 |
Code and division (B)(1) of this section; | 800 |
(ii) That, through participation in the military service or | 801 |
through the former employment described in division
(B)(3)(d)(i) | 802 |
of this
section, the applicant acquired experience
with handling | 803 |
handguns
or other firearms, and the experience so
acquired was | 804 |
equivalent
to training that the applicant could have
acquired in a | 805 |
course,
class, or program described in division
(B)(3)(a), (b), or | 806 |
(c) of
this section. | 807 |
(e) A certificate or another similar document that evidences | 808 |
satisfactory completion of a firearms training, safety, or | 809 |
requalification or firearms safety instructor course, class, or | 810 |
program that is not otherwise
described in division (B)(3)(a), | 811 |
(b), (c), or (d) of this section,
that was conducted by an | 812 |
instructor who was certified by an
official or entity of the | 813 |
government of this or another state or
the United States or by the | 814 |
national rifle association, and that
complies with the | 815 |
requirements set forth in division (G) of this
section; | 816 |
(f) An affidavit that attests to the applicant's
satisfactory | 817 |
completion of a course, class, or program described
in division | 818 |
(B)(3)(a), (b), (c), or (e) of this section and that
is subscribed | 819 |
by the applicant's instructor or an authorized
representative of | 820 |
the entity that offered the course, class, or
program or under | 821 |
whose auspices the course, class, or program was
offered. | 822 |
(D)(1) Except as provided in division (D)(3),or (4), or (5) | 841 |
of
this
section, within forty-five days after a sheriff's receipt | 842 |
of
an
applicant's
completed application form for a license to | 843 |
carry a
concealed
handgun, the supporting documentation, and, if | 844 |
not
waived, the license
fee, the sheriff shall make available | 845 |
through
the law enforcement automated data system in accordance | 846 |
with
division (H) of this section the information described in | 847 |
that
division and, upon making the information available through | 848 |
the
system, shall issue to the applicant a
license to carry a | 849 |
concealed handgun that shall expire as described in division | 850 |
(D)(2)(a) of this section if all of the
following apply: | 851 |
(e) TheExcept as otherwise provided in division (D)(5) of | 865 |
this section, the applicant has not been convicted of or pleaded | 866 |
guilty
to a felony or an offense under Chapter
2925., 3719., or | 867 |
4729. of
the Revised Code that involves the
illegal possession, | 868 |
use, sale,
administration, or distribution of
or trafficking in a | 869 |
drug of
abuse; has not been adjudicated a delinquent child for | 870 |
committing
an act that if committed by an adult would be a felony | 871 |
or would be
an offense under Chapter 2925., 3719., or 4729. of | 872 |
the Revised
Code that involves the illegal possession, use, sale, | 873 |
administration, or distribution of or trafficking in a drug of | 874 |
abuse; and has not been convicted of, pleaded guilty to, or | 875 |
adjudicated a delinquent child for committing a violation of | 876 |
section
2903.13 of the Revised Code when the victim of the | 877 |
violation is a
peace officer, regardless of whether the applicant | 878 |
was sentenced
under division (C)(3) of that section. | 879 |
(f) TheExcept as otherwise provided in division (D)(5) of | 880 |
this section, the applicant, within three years of the date of the | 881 |
application, has not been convicted of or pleaded guilty to a | 882 |
misdemeanor offense of violence other than a
misdemeanor violation | 883 |
of section 2921.33 of the Revised Code or a
violation of section | 884 |
2903.13 of the Revised Code when the victim
of the violation is a | 885 |
peace officer, or a misdemeanor violation of
section 2923.1211 of | 886 |
the Revised Code; and has not been adjudicated a delinquent child | 887 |
for committing an act that if committed by an adult would be a | 888 |
misdemeanor offense of violence other than a misdemeanor violation | 889 |
of section 2921.33 of the Revised Code or a violation of section | 890 |
2903.13 of the Revised Code when the victim of the violation is a | 891 |
peace officer or for committing an act that if committed by an | 892 |
adult would be a misdemeanor violation of section 2923.1211 of the | 893 |
Revised Code. | 894 |
(i) The applicant has not been adjudicated as a mental | 905 |
defective, has not been committed to any mental institution, is | 906 |
not under adjudication of mental incompetence, has not been found | 907 |
by a court to be a mentally ill person subject to hospitalization | 908 |
by court order, and is not an involuntary patient other than one | 909 |
who is a patient only for purposes of observation. As used in this | 910 |
division, "mentally ill person subject to hospitalization by court | 911 |
order" and "patient" have the same meanings as in section 5122.01 | 912 |
of the Revised Code. | 913 |
(b) If a sheriff denies an application under this section | 945 |
because the applicant does not satisfy the criteria described in | 946 |
division (D)(1) of this section, the sheriff shall specify the | 947 |
grounds for the denial in a written notice to the applicant. The | 948 |
applicant may appeal the denial pursuant to section 119.12 of the | 949 |
Revised Code in the county served by the sheriff who denied the | 950 |
application. If the denial was as a result of the criminal records | 951 |
check conducted pursuant to section 311.41 of the Revised Code and | 952 |
if, pursuant to section 2923.127 of the Revised Code, the | 953 |
applicant challenges the criminal records check results using the | 954 |
appropriate challenge and review procedure specified in that | 955 |
section, the time for filing the appeal pursuant to section 119.12 | 956 |
of the Revised Code and this division is tolled during the | 957 |
pendency of the request or the challenge and review. If the court | 958 |
in an appeal under section 119.12 of the Revised Code and this | 959 |
division enters a judgment sustaining the sheriff's refusal to | 960 |
grant to the applicant a license to carry a concealed handgun, the | 961 |
applicant may file a new application beginning one year after the | 962 |
judgment is entered. If the court enters a judgment in favor of | 963 |
the applicant, that judgment shall not restrict the authority of a | 964 |
sheriff to suspend or revoke the license pursuant to section | 965 |
2923.128 or 2923.1213 of the Revised Code or to refuse to renew | 966 |
the license for any proper cause that may occur after the date the | 967 |
judgment is entered. In the appeal, the court shall have full | 968 |
power to dispose of all costs. | 969 |
(5) If an applicant has been convicted of or pleaded guilty | 984 |
to an offense identified in division (D)(1)(e), (f), or (h) of | 985 |
this section or has been adjudicated a delinquent child for | 986 |
committing an act or violation identified in any of those | 987 |
divisions, and if a court has ordered the sealing or expungement | 988 |
of the records of that conviction, guilty plea, or adjudication | 989 |
pursuant to sections 2151.355 to 2151.358 or sections 2953.31 to | 990 |
2953.36 of the Revised Code or a court has granted the applicant | 991 |
relief pursuant to section 2923.14 of the Revised Code from the | 992 |
disability imposed pursuant to section 2923.13 of the Revised Code | 993 |
relative to that conviction, guilty plea, or adjudication, the | 994 |
sheriff with whom the application was submitted shall not consider | 995 |
the conviction, guilty plea, or adjudication in making a | 996 |
determination under division (D)(1) or (F) of this section or, in | 997 |
relation to an application for a temporary emergency license to | 998 |
carry a concealed handgun submitted under section 2923.1213 of the | 999 |
Revised Code, in making a determination under division (B)(2) of | 1000 |
that section. | 1001 |
(E) If a license to carry a concealed handgun issued under | 1002 |
this section is lost or is destroyed, the licensee may obtain from | 1003 |
the sheriff who issued that license a duplicate license upon the | 1004 |
payment of a fee of fifteen dollars and the submission of an | 1005 |
affidavit attesting to the loss or destruction of the license. The | 1006 |
sheriff, in accordance with the procedures prescribed in section | 1007 |
109.731 of the Revised Code, shall place on the replacement | 1008 |
license a combination of identifying numbers different from the | 1009 |
combination on the license that is being replaced. | 1010 |
(F)(1) A licensee who wishes to renew a license to carry a | 1011 |
concealed handgun issued under this section shall do so not | 1012 |
earlier than ninety days before the expiration date of the license | 1013 |
and not later than thirty daysor at any time after the
expiration | 1014 |
date of
the
license by filing with the sheriff of the
county in | 1015 |
which the
applicant resides or with the sheriff of an
adjacent | 1016 |
county an
application for renewal of the license
obtained | 1017 |
pursuant to
division (D) of this section, a new color
photograph | 1018 |
of the
licensee that was taken within thirty days prior
to the | 1019 |
date of
the renewal application, a certification by the applicant | 1020 |
that,
subsequent to the issuance of the license, the applicant | 1021 |
has
reread the pamphlet prepared by the Ohio peace officer | 1022 |
training
commission pursuant to section 109.731 of the Revised | 1023 |
Code that
reviews firearms, dispute resolution, and use of deadly | 1024 |
force
matters, a new set of fingerprints provided in the manner | 1025 |
specified in division (B)(5) of this section regarding initial | 1026 |
applications for a license to carry a concealed handgun, and a | 1027 |
nonrefundable
license
renewal fee unless the fee is waived. The, | 1028 |
and one of the following: | 1029 |
Upon
receipt of a completed renewal application, color | 1046 |
photograph,of certification that the applicant has reread the | 1047 |
specified
pamphlet prepared by the Ohio peace officer training | 1048 |
commission,
new set of fingerprints,of proof of a prior | 1049 |
competency
certification for an initial renewal or of a
renewed | 1050 |
competency
certification for a second or subsequent renewal, and | 1051 |
of a license
renewal fee unless
the fee is waived, a
sheriff, in | 1052 |
the manner
specified in section
311.41 of the Revised Code shall | 1053 |
conduct or
cause to be conducted
the criminal
records check and | 1054 |
the
incompetency records check
described in
section 311.41 of | 1055 |
the
Revised Code.
The
sheriff
shall
renew the license if
the | 1056 |
sheriff
determines that
the
applicant
continues to satisfy the | 1057 |
requirements described in
division (D)(1)
of this section, except | 1058 |
that the applicant is not required to submit a
renewed competency | 1059 |
certification only in the circumstances
described inmeet the | 1060 |
requirements of division (G)(4)(D)(1)(l) of this section. A | 1061 |
renewed license
that is renewed on or after the
effective date | 1062 |
of this amendmentMarch 14, 2007, shall expire
five years after | 1063 |
the date of
issuance, and a renewed license that
is renewed | 1064 |
prior to the
effective date of this amendmentMarch
14, 2007, | 1065 |
shall expire
four
years after the date of issuance. A
renewed | 1066 |
license is subject to
division
(E) of this section and
sections | 1067 |
2923.126 and 2923.128 of
the
Revised Code. A sheriff
shall | 1068 |
comply
with divisions (D)(2) to
(4)
of this section when
the | 1069 |
circumstances described in those
divisions apply to a
requested | 1070 |
license renewal. If a sheriff
denies the renewal of a
license to | 1071 |
carry a concealed handgun, the
applicant may appeal
the denial, | 1072 |
or challenge the criminal record
check results that
were the | 1073 |
basis of the denial if applicable, in
the same manner as | 1074 |
specified in division (D)(2)(b) of this section
and in section | 1075 |
2923.127 of the Revised Code, regarding the denial
of a license | 1076 |
under this section. | 1077 |
(G)(1) Each course, class, or program described in division | 1078 |
(B)(3)(a), (b), (c), or (e) of this section shall provide to each | 1079 |
person who takes the course, class, or program a copy of the | 1080 |
pamphlet prepared by the Ohio peace officer training commission | 1081 |
pursuant to section 109.731 of the Revised Code that reviews | 1082 |
firearms, dispute resolution, and use of deadly force matters. | 1083 |
Each such course, class, or program described in one of those | 1084 |
divisions shall include at least twelve hours of training
in the | 1085 |
safe handling and use of a firearm that shall include all
of
the | 1086 |
following: | 1087 |
(4) A person who previously has received a competency | 1117 |
certification as
described in division (B)(3) of this section, or | 1118 |
who previously
has received a renewed competency certification as | 1119 |
described in
this division, may obtain a renewed competency | 1120 |
certification
pursuant to this division. If the person previously | 1121 |
has received a competency
certification within the preceding six | 1122 |
years, or previously has
received a renewed competency | 1123 |
certification within the preceding
six years, the person may | 1124 |
obtain a renewed competency
certification from an entity that | 1125 |
offers a course, class, or
program described in division | 1126 |
(B)(3)(a), (b), (c), or (e) of this
section by passing a | 1127 |
competency examination of the type described
in division (G)(2) | 1128 |
of this sectiontest that demonstrates that the person is range | 1129 |
competent. In
these circumstances, the person is not required to | 1130 |
attend the
course, class, or program in order to be eligibleor | 1131 |
to take
the competency examination described in division (G)(2) of | 1132 |
this section for the renewed
competency certification in order to | 1133 |
be eligible to receive a renewed competency certification. If more | 1134 |
than six years has elapsed since
the person last received a | 1135 |
competency certification or a renewed
competency certification, | 1136 |
in order for the person to obtain a
renewed competency | 1137 |
certification, the person shall both
satisfactorily complete a | 1138 |
course, class, or program described in
division (B)(3)(a), (b), | 1139 |
(c), or (e) of this section and pass a
competency examination of | 1140 |
the type described in division (G)(2) of
this section. A renewed | 1141 |
competency certification issued under this
division shall be | 1142 |
dated and shall attest that the applicant passed the competency | 1143 |
examination of the type described in division (G)(2) of this | 1144 |
section and, if applicable, that the person successfully completed | 1145 |
a course, class, or program that met the requirements described in | 1146 |
division (G)(1) of this sectionperson has demonstrated range | 1147 |
competency. | 1148 |
(H) Upon deciding to issue a license, deciding to issue a | 1149 |
replacement license, or deciding to renew a license to carry a | 1150 |
concealed handgun pursuant to this section, and before actually | 1151 |
issuing or renewing the license, the sheriff shall make available | 1152 |
through the law enforcement automated data system all information | 1153 |
contained on the license. If the license subsequently is suspended | 1154 |
under division (A)(1) or (2) of section 2923.128 of the Revised | 1155 |
Code, revoked pursuant to division (B)(1) of section 2923.128 of | 1156 |
the Revised Code, or lost or destroyed, the sheriff also shall | 1157 |
make available through the law enforcement automated data system a | 1158 |
notation of that fact. The superintendent of the state highway | 1159 |
patrol shall ensure that the law enforcement automated data system | 1160 |
is so configured as to permit the transmission through the system | 1161 |
of the information specified in this division. | 1162 |
(I) A sheriff shall accept a completed application form or | 1163 |
renewal application, and the fee, items, materials, and | 1164 |
information specified in divisions (B)(1) to (5) or division (F) | 1165 |
of this section, whichever is applicable, and shall provide an | 1166 |
application form or renewal application and a copy of the pamphlet | 1167 |
described in division (B) of section 109.731 of the Revised Code | 1168 |
to any person during at least fifteen hours a week. The sheriff | 1169 |
shall post notice of the hours during which the sheriff is | 1170 |
available to accept or provide the information described in this | 1171 |
division. | 1172 |
Sec. 2923.126. (A) A license to carry a concealed handgun | 1173 |
that is issued under section 2923.125 of the Revised Code on or | 1174 |
after the effective date of this amendmentMarch 14, 2007, shall | 1175 |
expire five years after the date of issuance, and a license that | 1176 |
is so issued prior to the effective date of this amendmentMarch | 1177 |
14, 2007, shall
expire four years after the date of issuance. A | 1178 |
licensee who has been issued a license under that section shall be | 1179 |
granted a grace period of thirty days after the licensee's license | 1180 |
expires during which the licensee's license remains valid. Except | 1181 |
as provided in
divisions (B) and (C) of this section, a licensee | 1182 |
who has been issued a license under section 2923.125 or 2923.1213 | 1183 |
of the Revised Code
may carry a concealed
handgun anywhere in this | 1184 |
state if the
licensee also carries a
valid license and valid | 1185 |
identification
when the licensee is in
actual possession of a | 1186 |
concealed handgun.
The licensee shall give
notice of any change in | 1187 |
the licensee's
residence address to the
sheriff who issued the | 1188 |
license within
forty-five days after that
change. | 1189 |
If a licensee is the driver or an occupant of a motor vehicle | 1190 |
that is stopped as the result of a traffic stop or a stop for | 1191 |
another law enforcement purpose and if the licensee
is | 1192 |
transporting or has a loaded handgun in the motor vehicle at that | 1193 |
time, the licensee shall promptly inform any law enforcement | 1194 |
officer who approaches the vehicle while stopped that
the licensee | 1195 |
has been issued a license or temporary emergency license to carry | 1196 |
a concealed
handgun and that the licensee currently possesses or | 1197 |
has a loaded
handgun; the licensee shall not knowingly disregard | 1198 |
or fail to comply with lawful orders of a law enforcement officer | 1199 |
given while the motor vehicle is stopped, knowingly fail to remain | 1200 |
in the motor vehicle while stopped, or knowingly fail to keep the | 1201 |
licensee's hands in plain sight after any law enforcement officer | 1202 |
begins approaching the licensee while stopped and before the | 1203 |
officer leaves, unless directed otherwise by a law enforcement | 1204 |
officer; and the licensee shall not knowingly remove, attempt to | 1205 |
remove, grasp, or hold the loaded handgun or knowingly have | 1206 |
contact with the loaded handgun by touching it with the licensee's | 1207 |
hands or fingers, in any manner in violation of division (E) of | 1208 |
section 2923.16 of the Revised Code, after any law enforcement | 1209 |
officer begins approaching the licensee while stopped and before | 1210 |
the officer leaves. Additionally, if a licensee is the driver or | 1211 |
an occupant of a commercial motor vehicle that is stopped by an | 1212 |
employee of the motor carrier enforcement unit for the purposes | 1213 |
defined in section 5503.04 of the Revised Code and if the licensee | 1214 |
is transporting or has a loaded handgun in the commercial motor | 1215 |
vehicle at that time, the licensee shall promptly inform the | 1216 |
employee of the unit who approaches the vehicle while stopped that | 1217 |
the licensee has been issued a license or temporary emergency | 1218 |
license to carry a concealed handgun and that the licensee | 1219 |
currently possesses or has a loaded handgun. | 1220 |
If a licensee is stopped for a law enforcement purpose and if | 1221 |
the licensee is carrying a concealed handgun at the time the | 1222 |
officer approaches, the licensee shall promptly inform any law | 1223 |
enforcement officer who approaches the licensee while stopped that | 1224 |
the licensee has been issued a license or temporary emergency | 1225 |
license to carry a concealed handgun and that the licensee | 1226 |
currently is carrying a concealed handgun; the licensee shall not | 1227 |
knowingly disregard or fail to comply with lawful orders of a law | 1228 |
enforcement officer given while the licensee is stopped or | 1229 |
knowingly fail to keep the licensee's hands in plain sight after | 1230 |
any law enforcement officer begins approaching the licensee while | 1231 |
stopped and before the officer leaves, unless directed otherwise | 1232 |
by a law enforcement officer; and the licensee shall not knowingly | 1233 |
remove, attempt to remove, grasp, or hold the loaded handgun or | 1234 |
knowingly have contact with the loaded handgun by touching it with | 1235 |
the licensee's hands or fingers, in any manner in violation of | 1236 |
division (B) of section 2923.12 of the Revised Code, after any law | 1237 |
enforcement officer begins approaching the licensee while stopped | 1238 |
and before the officer leaves. | 1239 |
(1) A police station, sheriff's office,
or state highway | 1247 |
patrol
station, premises controlled by the bureau
of criminal | 1248 |
identification and investigation, a state correctional | 1249 |
institution,
jail, workhouse, or other
detention facility, an | 1250 |
airport
passenger terminal, or an institution that is maintained, | 1251 |
operated, managed, and governed pursuant to division (A) of | 1252 |
section 5119.02 of the Revised Code or division (A)(1) of section | 1253 |
5123.03 of the Revised Code; | 1254 |
(7) A child day-care center, a type A family day-care home, a | 1274 |
type B family day-care home, or a type C family day-care home, | 1275 |
except that this division does not prohibit a licensee who resides | 1276 |
in a type A family day-care home, a type B family day-care home, | 1277 |
or a type C family day-care home from carrying a concealed handgun | 1278 |
at any time in any part of the home that is not dedicated or used | 1279 |
for day-care purposes, or from carrying a concealed handgun in a | 1280 |
part of the home that is dedicated or used for day-care purposes | 1281 |
at any time during which no children, other than children of that | 1282 |
licensee, are in the home; | 1283 |
(9) Any building that is owned bya government facility of | 1288 |
this state or anya political subdivision of this state, and all | 1289 |
portions of any building that is not owned by any governmental | 1290 |
entity listed in this division but that is leased by such a | 1291 |
governmental entity listed in this divisionand that is not a | 1292 |
building that is used primarily as a
shelter, restroom, parking | 1293 |
facility for motor vehicles, or rest
facility and is not a | 1294 |
courthouse or other building or
structure in which a courtroom is | 1295 |
located that is subject to
division (B)(3) of this section; | 1296 |
(C)(1) Nothing in this section shall negate or restrict a | 1299 |
rule,
policy, or practice of a private employer that is not a | 1300 |
private
college, university, or other institution of higher | 1301 |
education
concerning or
prohibiting the presence of firearms on | 1302 |
the private
employer's
premises or property, including motor | 1303 |
vehicles owned by
the private employer. Nothing in this section | 1304 |
shall require a private employer of that nature to adopt a rule, | 1305 |
policy, or practice concerning or prohibiting the presence of | 1306 |
firearms on the private employer's premises or property, including | 1307 |
motor vehicles owned by the private employer. | 1308 |
(2)(a) A private employer shall be immune from liability in a | 1309 |
civil action for any injury, death, or loss to person or property | 1310 |
that allegedly was caused by or related to a licensee bringing a | 1311 |
handgun onto the premises or property of the private employer, | 1312 |
including motor vehicles owned by the private employer, unless the | 1313 |
private employer acted with malicious purpose. A private employer | 1314 |
is immune from liability in a civil action for any injury, death, | 1315 |
or loss to person or property that allegedly was caused by or | 1316 |
related to the private employer's decision to permit a licensee to | 1317 |
bring, or prohibit a licensee from bringing, a handgun onto the | 1318 |
premises or property of the private employer. As used in this | 1319 |
division, "private employer" includes a private college, | 1320 |
university, or other institution of higher education. | 1321 |
(b) A political subdivision shall be immune from liability in | 1322 |
a civil action, to the extent and in the manner provided in | 1323 |
Chapter 2744. of the Revised Code, for any injury, death, or loss | 1324 |
to person or property that allegedly was caused by or related to a | 1325 |
licensee bringing a handgun onto any premises or property owned, | 1326 |
leased, or otherwise under the control of the political | 1327 |
subdivision. As used in this division, "political subdivision" has | 1328 |
the same meaning as in section 2744.01 of the Revised Code. | 1329 |
(3) The(a) Except as provided in division (C)(3)(b) of this | 1330 |
section, the owner or person in control of private land or | 1331 |
premises, and a private person or entity leasing land or premises | 1332 |
owned by the state, the United States, or a political subdivision | 1333 |
of the state or the United States, may post a sign in a | 1334 |
conspicuous location on that land or on those premises prohibiting | 1335 |
persons from carrying firearms or concealed firearms on or onto | 1336 |
that land or those premises. AExcept as otherwise provided in | 1337 |
this division, a person who knowingly violates a posted | 1338 |
prohibition of that nature is guilty of criminal trespass in | 1339 |
violation of division (A)(4) of section 2911.21 of the Revised | 1340 |
Code and is guilty of a misdemeanor of the fourth degree. If a | 1341 |
person knowingly violates a posted prohibition of that nature and | 1342 |
the posted land or premises primarily was a parking lot or other | 1343 |
parking facility, the person is not guilty of criminal trespass in | 1344 |
violation of division (A)(4) of section 2911.21 of the Revised | 1345 |
Code and instead is subject only to a civil cause of action for | 1346 |
trespass based on the violation. | 1347 |
(D)
A person who holds a license to carry a concealed
handgun | 1361 |
that was issued pursuant to the law of another state that is | 1362 |
recognized by the attorney general pursuant to a reciprocity | 1363 |
agreement entered into pursuant to section 109.69 of the Revised | 1364 |
Code has
the same right to carry a
concealed handgun in this
state | 1365 |
as a
person who was issued a license to carry a concealed handgun | 1366 |
under
section 2923.125 of the Revised Code and is subject to the | 1367 |
same
restrictions that apply to a person who carries a license | 1368 |
issued
under that section. | 1369 |
(F)(1) A qualified retired peace officer who possesses a | 1375 |
retired peace officer identification card issued pursuant to | 1376 |
division (F)(2) of this section and a valid firearms | 1377 |
requalification certification issued pursuant to division (F)(3) | 1378 |
of this section has the same right to carry a concealed handgun in | 1379 |
this state as a person who was issued a license to carry a | 1380 |
concealed handgun under section 2923.125 of the Revised Code and | 1381 |
is subject to the same restrictions that apply to a person who | 1382 |
carries a license issued under that section. For purposes of | 1383 |
reciprocity with other states, a qualified retired peace officer | 1384 |
who possesses a retired peace officer identification card issued | 1385 |
pursuant to division (F)(2) of this section and a valid firearms | 1386 |
requalification certification issued pursuant to division (F)(3) | 1387 |
of this section shall be considered to be a licensee in this | 1388 |
state. | 1389 |
(iv) Before retiring from service as a peace officer with | 1408 |
that agency, the person was regularly employed as a peace officer | 1409 |
for an aggregate of fifteen years or more, or, in the alternative, | 1410 |
the person retired from service as a peace officer with that | 1411 |
agency, after completing any applicable probationary period of | 1412 |
that service, due to a service-connected disability, as determined | 1413 |
by the agency. | 1414 |
(b) A retired peace officer identification card issued to a | 1417 |
person under division (F)(2)(a) of this section shall identify the | 1418 |
person by name, contain a photograph of the person, identify the | 1419 |
public agency of this state or of the political subdivision of | 1420 |
this state from which the person retired as a peace officer and | 1421 |
that is issuing the identification card, and specify that the | 1422 |
person retired in good standing from service as a peace officer | 1423 |
with the issuing public agency and satisfies the criteria set | 1424 |
forth in divisions (F)(2)(a)(i) to (v)(iv) of this section. In | 1425 |
addition to the required content specified in this division, a | 1426 |
retired peace officer identification card issued to a person under | 1427 |
division (F)(2)(a) of this section may include the firearms | 1428 |
requalification certification described in division (F)(3) of this | 1429 |
section, and if the identification card includes that | 1430 |
certification, the identification card shall serve as the firearms | 1431 |
requalification certification for the retired peace officer. If | 1432 |
the issuing public agency issues credentials to active law | 1433 |
enforcement officers who serve the agency, the agency may comply | 1434 |
with division (F)(2)(a) of this section by issuing the same | 1435 |
credentials to persons who retired from service as a peace officer | 1436 |
with the agency and who satisfy the criteria set forth in | 1437 |
divisions (F)(2)(a)(i) to (v)(iv) of this section, provided that | 1438 |
the
credentials so issued to retired peace officers are stamped | 1439 |
with
the word "RETIRED." | 1440 |
(3) If a person retired from service as a peace officer with | 1446 |
a public agency of this state or of a political subdivision of | 1447 |
this state and the person satisfies the criteria set forth in | 1448 |
divisions (F)(2)(a)(i) to (v)(iv) of this section, the public | 1449 |
agency
may provide the retired peace officer with the opportunity | 1450 |
to
attend a firearms requalification program that is approved for | 1451 |
purposes of firearms requalification required under section | 1452 |
109.801 of the Revised Code. The retired peace officer may be | 1453 |
required to pay the cost of the course. | 1454 |
If a retired peace officer who satisfies the criteria set | 1455 |
forth in divisions (F)(2)(a)(i) to (v)(iv) of this section attends | 1456 |
a
firearms requalification program that is approved for purposes | 1457 |
of
firearms requalification required under section 109.801 of the | 1458 |
Revised Code, the retired peace officer's successful completion of | 1459 |
the firearms requalification program requalifies the retired peace | 1460 |
officer for purposes of division (F) of this section for one year | 1461 |
five years from the date on which the program was successfully | 1462 |
completed, and
the requalification is valid during that one-year | 1463 |
five-year period. If a
retired peace officer who satisfies the | 1464 |
criteria set forth in
divisions (F)(2)(a)(i) to (v)(iv) of this | 1465 |
section satisfactorily
completes such a firearms requalification | 1466 |
program, the retired
peace officer shall be issued a firearms | 1467 |
requalification
certification that identifies the retired peace | 1468 |
officer by name,
identifies the entity that taught the program, | 1469 |
specifies that the
retired peace officer successfully completed | 1470 |
the program,
specifies the date on which the course was | 1471 |
successfully completed,
and specifies that the requalification is | 1472 |
valid for one yearfive years from
that date of successful | 1473 |
completion. The firearms requalification
certification for a | 1474 |
retired peace officer may be included in the
retired peace | 1475 |
officer identification card issued to the retired
peace officer | 1476 |
under division (F)(2) of this section. | 1477 |
Sec. 2923.128. (A)(1)(a) If a licensee holding a valid | 1505 |
license issued under section 2923.125 or 2923.1213 of the Revised | 1506 |
Code
is arrested for or otherwise charged with an offense | 1507 |
described in
division
(D)(1)(d) of section 2923.125 of the Revised | 1508 |
Code or with a violation of section 2923.15 of the Revised Code or | 1509 |
becomes subject to a temporary protection order or to a protection | 1510 |
order issued by a court of another state that is substantially | 1511 |
equivalent to a temporary protection order,
the
sheriff who
issued | 1512 |
the license or temporary emergency license shall suspend it and | 1513 |
shall
comply
with division
(A)(3) of this section upon becoming | 1514 |
aware of
the
arrest, charge,
or protection order. Upon suspending | 1515 |
the license or temporary emergency license, the sheriff also shall | 1516 |
comply with division (H) of section 2923.125 of the Revised Code. | 1517 |
(b) A suspension under division (A)(1)(a) of this section | 1518 |
shall
be considered as beginning on the date that the licensee is | 1519 |
arrested for or otherwise charged with an offense described in | 1520 |
that division or on the date the appropriate court issued the | 1521 |
protection order described in that division,
irrespective of when | 1522 |
the sheriff notifies the
licensee under
division (A)(3) of this | 1523 |
section. The suspension
shall end on the
date on which the charges | 1524 |
are dismissed or the
licensee is found
not guilty of the offense | 1525 |
described in division
(A)(1)(a) of this
section or, subject to | 1526 |
division (B) of this section, on the date
the appropriate court | 1527 |
terminates the protection order
described in that division. If the | 1528 |
suspension so ends, the
sheriff
shall return the license or | 1529 |
temporary emergency license to the licensee. | 1530 |
(2)(a) If a licensee holding a valid license issued under | 1531 |
section 2923.125 or 2923.1213 of the Revised Code is convicted of | 1532 |
or pleads guilty to a misdemeanor violation of division (B)(1), | 1533 |
(2), or (4) of section 2923.12 of the Revised Code or of division | 1534 |
(E)(3), (4), or (6) of section 2923.16 of the Revised Code, except | 1535 |
as provided in division (A)(2)(c) of this section and subject to | 1536 |
division (C) of this section, the sheriff who
issued the license | 1537 |
or temporary emergency license shall suspend it
and shall comply | 1538 |
with division (A)(3) of this section upon
becoming aware of the | 1539 |
conviction or guilty plea. Upon suspending
the license or | 1540 |
temporary emergency license, the sheriff also shall
comply with | 1541 |
division (H) of section 2923.125 of the Revised Code. | 1542 |
(b) A suspension under division (A)(2)(a) of this section | 1543 |
shall be considered as beginning on the date that the licensee is | 1544 |
convicted of or pleads guilty to the offense described in that | 1545 |
division, irrespective of when the sheriff notifies the licensee | 1546 |
under division (A)(3) of this section. If the suspension is | 1547 |
imposed for a misdemeanor violation of division (B)(1) or (2) of | 1548 |
section 2923.12 of the Revised Code or of division (E)(3) or (4) | 1549 |
of section 2923.16 of the Revised Code, it shall end ofon the | 1550 |
date that is one year after the date that the licensee is | 1551 |
convicted of or pleads guilty to that violation. If the suspension | 1552 |
is imposed for a misdemeanor violation of division (B)(4) of | 1553 |
section 2923.12 of the Revised Code or of division (E)(6) of | 1554 |
section 2923.16 of the Revised Code, it shall end on the date that | 1555 |
is two years after the date that the licensee is convicted of or | 1556 |
pleads guilty to that violation. If the licensee's license was | 1557 |
issued under section 2923.125 of the Revised Code and the license | 1558 |
remains valid after the suspension ends as described in this | 1559 |
division, when the suspension ends, the sheriff shall return the | 1560 |
license to the licensee. If the licensee's license was issued | 1561 |
under section 2923.125 of the Revised Code and the license expires | 1562 |
before the suspension ends as described in this division, or if | 1563 |
the licensee's license was issued under section 2923.1213 of the | 1564 |
Revised Code, the licensee is not eligible to apply for a new | 1565 |
license under section 2923.125 or 2923.1213 of the Revised Code or | 1566 |
to renew the license under section 2923.125 of the Revised Code | 1567 |
until after the suspension ends as described in this division. | 1568 |
(c) The license of a licensee who is convicted of or pleads | 1569 |
guilty to a violation of division (B)(1) of section 2923.12 or | 1570 |
division (E)(3) of section 2923.16 of the Revised Code shall not | 1571 |
be suspended pursuant to division (A)(2)(a) of this section if, at | 1572 |
the time of the stop of the licensee for a law enforcement | 1573 |
purpose, for a traffic stop, or for a purpose defined in section | 1574 |
5503.34 of the Revised Code that was the basis of the violation, | 1575 |
any law enforcement officer involved with the stop or the employee | 1576 |
of the motor
carrier
enforcement unit who made the stop had | 1577 |
actual
knowledge of the licensee's status as a licensee. | 1578 |
(3) Upon becoming aware of an arrest, charge, or
protection | 1579 |
order described in
division (A)(1)(a) of this section with
respect | 1580 |
to a licensee who was issued a license under section 2923.125 or | 1581 |
2923.1213 of the Revised Code, or a conviction of or plea of | 1582 |
guilty to a misdemeanor offense described in division (A)(2)(a) of | 1583 |
this section with respect to a licensee who was issued a license | 1584 |
under either section and with respect to which division (A)(2)(c) | 1585 |
of this section does not apply, subject to division (C) of this | 1586 |
section,
the
sheriff who issued the
licensee's
license or | 1587 |
temporary emergency license to carry a
concealed
handgun shall | 1588 |
notify the licensee, by
certified mail,
return
receipt requested, | 1589 |
at the licensee's last
known residence
address
that the license | 1590 |
or temporary emergency license has been
suspended and
that the | 1591 |
licensee is
required to
surrender the
license or temporary | 1592 |
emergency license at the
sheriff's office
within
ten days of
the | 1593 |
date on which the notice
was mailed. If the
suspension is | 1594 |
pursuant to division (A)(2) of this section, the
notice shall | 1595 |
identify the date on which the suspension ends. | 1596 |
(2) Upon becoming aware of any circumstance listed in | 1634 |
division (B)(1) of this section that applies to a particular | 1635 |
licensee who was issued a license under section 2923.125 or | 1636 |
2923.1213 of the Revised Code, subject to division (C) of this | 1637 |
section, the sheriff who issued the license
or temporary | 1638 |
emergency license to carry a concealed
handgun to the
licensee | 1639 |
shall notify the licensee, by certified
mail, return
receipt | 1640 |
requested, at the licensee's last known
residence address
that | 1641 |
the license or temporary emergency license is subject to | 1642 |
revocation and
that the licensee may come to the sheriff's office | 1643 |
and contest the
sheriff's proposed revocation within fourteen days | 1644 |
of the date on
which the notice was mailed. After the fourteen-day | 1645 |
period and
after consideration of any information that the | 1646 |
licensee provides
during that period, if the sheriff determines on | 1647 |
the basis of the
information of which the sheriff is aware that | 1648 |
the licensee is
described in division (B)(1) of this section and | 1649 |
no longer
satisfies the requirements described in division (D)(1) | 1650 |
of section
2923.125 of the Revised Code that are applicable to the | 1651 |
licensee's type of license, the sheriff shall revoke the
license | 1652 |
or temporary emergency license, notify the licensee of that fact, | 1653 |
and require the
licensee to surrender the license or temporary | 1654 |
emergency license. Upon revoking the license or temporary | 1655 |
emergency license, the sheriff also shall comply with division (H) | 1656 |
of section 2923.125 of the Revised Code. | 1657 |
(C) If a sheriff who issues a license or temporary emergency | 1658 |
license to carry a concealed handgun to a licensee under section | 1659 |
2923.125 or 2923.1213 of the Revised Code becomes aware that at | 1660 |
the time of the issuance of the license or temporary emergency | 1661 |
license the licensee had been convicted of or pleaded guilty to an | 1662 |
offense identified in division (D)(1)(e), (f), or (h) of section | 1663 |
2923.125 of the Revised Code or had been adjudicated a delinquent | 1664 |
child for committing an act or violation identified in any of | 1665 |
those divisions or becomes aware that on or after the date on | 1666 |
which the license or temporary emergency license was issued the | 1667 |
licensee has been convicted of or pleaded guilty to an offense | 1668 |
identified in division (A)(2)(a) or (B)(1)(c) of this section, the | 1669 |
sheriff shall not consider that conviction, guilty plea, or | 1670 |
adjudication as having occurred for purposes of divisions (A)(2), | 1671 |
(A)(3), (B)(1), and (B)(2) of this section if a court has ordered | 1672 |
the sealing or expungement of the records of that conviction, | 1673 |
guilty plea, or adjudication pursuant to sections 2151.355 to | 1674 |
2151.358 or sections 2953.31 to 2953.36 of the Revised Code or a | 1675 |
court has granted the licensee relief pursuant to section 2923.14 | 1676 |
of the Revised Code from the disability imposed pursuant to | 1677 |
section 2923.13 of the Revised Code relative to that conviction, | 1678 |
guilty plea, or adjudication. | 1679 |
Sec. 2923.129. (A)(1) If a sheriff, the superintendent of the | 1682 |
bureau of criminal identification and investigation, the employees | 1683 |
of the bureau, the Ohio peace officer training commission, or the | 1684 |
employees of the commission make a good faith effort
in
performing | 1685 |
the duties imposed upon the sheriff, the
superintendent, the | 1686 |
bureau's employees, the commission, or the
commission's employees | 1687 |
by sections
109.731, 311.41, and 2923.124
to 2923.1213 of the | 1688 |
Revised Code, in addition to the
personal
immunity provided by | 1689 |
section 9.86 of the Revised Code or division
(A)(6) of section | 1690 |
2744.03
of the
Revised Code and the governmental
immunity of | 1691 |
sections
2744.02 and
2744.03 of the Revised Code and
in addition | 1692 |
to any other immunity
possessed by the bureau, the
commission, and | 1693 |
their employees, the
sheriff, the
sheriff's
office, the county in | 1694 |
which the sheriff
has
jurisdiction, the
bureau, the superintendent | 1695 |
of the bureau, the bureau's employees,
the
commission, and the | 1696 |
commission's employees are immune from
liability in a civil action | 1697 |
for
injury, death, or loss to person
or property that allegedly | 1698 |
was
caused by or related to any of the
following: | 1699 |
(5)
A law enforcement agency that employs a peace officer is | 1749 |
immune from liability in a civil action to recover damages for | 1750 |
injury, death, or loss to person or property allegedly caused by | 1751 |
any act of that peace officer if the act occurred while the peace | 1752 |
officer carried a concealed handgun and was off duty and if the | 1753 |
act allegedly involved the peace officer's use of the concealed | 1754 |
handgun. Sections 9.86 and 9.87, and Chapter 2744., of the Revised | 1755 |
Code apply to any
civil action involving a peace officer's use of | 1756 |
a concealed
handgun in the performance of the peace officer's | 1757 |
official duties while the
peace officer is off duty. | 1758 |
(B)(1) Notwithstanding section 149.43 of the Revised Code, | 1759 |
except as provided in division (B)(2) of this section, the
records | 1760 |
that a sheriff keeps relative to the issuance, renewal, | 1761 |
suspension, or revocation of a license to carry a concealed | 1762 |
handgun or the issuance, suspension, or revocation of a temporary | 1763 |
emergency license to carry a concealed handgun, including, but not | 1764 |
limited to, completed applications for
the issuance or renewal of | 1765 |
a license, completed affidavits submitted regarding an application | 1766 |
for a temporary emergency license, reports of criminal
records | 1767 |
checks and incompetency records checks under section 311.41 of the | 1768 |
Revised Code, and applicants'
social security numbers and | 1769 |
fingerprints that are obtained under
division (A) of section | 1770 |
311.41 of the Revised Code,
are
confidential and are not
public | 1771 |
records. Except as provided in division (B)(2) of this section, no | 1772 |
person shall
release
or otherwise disseminate records that are | 1773 |
confidential
under this
division unless required to do so pursuant | 1774 |
to a court
order. | 1775 |
(2)(a) A journalist, on or after April 8, 2004, may submit to | 1776 |
a sheriff a signed, written request to view the name, county of | 1777 |
residence, and date of birth of each person to whom the sheriff | 1778 |
has issued a license or replacement license to carry a concealed | 1779 |
handgun, renewed a license to carry a concealed handgun, or issued | 1780 |
a temporary emergency license or replacement temporary emergency | 1781 |
license to carry a concealed handgun under section 2923.125 or | 1782 |
2923.1213 of the Revised Code, or a signed, written request to | 1783 |
view the name, county of residence, and date of birth of each | 1784 |
person for whom the sheriff has suspended or revoked a license to | 1785 |
carry a concealed handgun or a temporary emergency license to | 1786 |
carry a concealed handgun under section 2923.128 of the Revised | 1787 |
Code. The request shall include the journalist's name and title, | 1788 |
shall include the name and address of the journalist's employer, | 1789 |
and shall state that disclosure of the information sought would be | 1790 |
in the public interest. If a journalist submits a signed, written | 1791 |
request to the sheriff to view the information described in this | 1792 |
division, the sheriff shall grant the journalist's request. The | 1793 |
journalist shall not copy the name, county of residence, or date | 1794 |
of birth of each person to or for whom the sheriff has issued, | 1795 |
suspended, or revoked a license described in this division. | 1796 |
(b) As used in division (B)(2) of this section, "journalist" | 1797 |
means a person engaged in, connected with, or employed by any news | 1798 |
medium, including a newspaper, magazine, press association, news | 1799 |
agency, or wire service, a radio or television station, or a | 1800 |
similar medium, for the purpose of gathering, processing, | 1801 |
transmitting, compiling, editing, or disseminating information for | 1802 |
the general public. | 1803 |
(C) Each sheriff shall report to the Ohio peace officer | 1804 |
training commission the number of licenses to carry a concealed | 1805 |
handgun that the sheriff issued, renewed, suspended, revoked, or | 1806 |
denied during the previous quarter of the calendar year, the | 1807 |
number of applications for those licenses for which processing was | 1808 |
suspended in
accordance with division (D)(3) of section 2923.125 | 1809 |
of the Revised
Code during the previous quarter of the calendar | 1810 |
year, and the number of temporary emergency licenses to carry a | 1811 |
concealed handgun that the sheriff issued, suspended, revoked, or | 1812 |
denied during the previous quarter of the calendar year. The | 1813 |
sheriff shall not include in the report the name or any other | 1814 |
identifying information of an applicant or licensee. The sheriff | 1815 |
shall report that information in a manner that permits the | 1816 |
commission to maintain the statistics described in division (D) of | 1817 |
section 109.731 of the Revised Code and to timely prepare the | 1818 |
statistical report described in that division. The information | 1819 |
that is received by the commission under this division is a public | 1820 |
record kept by the commission for the purposes of section 149.43 | 1821 |
of the Revised Code. | 1822 |
(D) Law enforcement agencies may use the information a | 1823 |
sheriff makes available through the use of the law enforcement | 1824 |
automated data system pursuant to division (H) of section 2923.125 | 1825 |
or division (B)(2) or (D) of section 2923.1213 of the Revised Code | 1826 |
for law enforcement purposes only. The information is confidential | 1827 |
and is not a public record. A person who releases or otherwise | 1828 |
disseminates this information obtained through the law enforcement | 1829 |
automated data system in a manner not described in this division | 1830 |
is guilty of a violation of section 2913.04 of the Revised Code. | 1831 |
(E) Whoever violates division (B) of this section is
guilty | 1832 |
of illegal release of confidential concealed handgun
license | 1833 |
records, a felony of the fifth degree. In addition to any | 1834 |
penalties imposed under Chapter 2929. of the Revised Code for a | 1835 |
violation of division (B) of this section or a violation of | 1836 |
section 2913.04 of the Revised Code described in division (D) of | 1837 |
this section, if the offender is a sheriff, an employee of a | 1838 |
sheriff, or any other public officer or employee, and if the | 1839 |
violation was willful and deliberate, the offender shall be | 1840 |
subject to a civil fine of one thousand dollars. Any person who is | 1841 |
harmed by a violation of division (B) or (C) of this section or a | 1842 |
violation of section 2913.04 of the Revised Code described in | 1843 |
division (D) of this section has a private cause of action against | 1844 |
the offender for any injury, death, or loss to person or property | 1845 |
that is a proximate result of the violation and may recover court | 1846 |
costs and attorney's fees related to the action. | 1847 |
SECTION IV. YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY | 1885 |
PROVIDING, TO THE BEST OF YOUR KNOWLEDGE, THE ADDRESS OF EACH | 1886 |
PLACE OF RESIDENCE AT WHICH YOU RESIDED AT ANY TIME AFTER YOU | 1887 |
ATTAINED EIGHTEEN YEARS OF AGE AND UNTIL YOU COMMENCED YOUR | 1888 |
RESIDENCE AT THE LOCATION IDENTIFIED IN SECTION II OF THIS FORM, | 1889 |
AND THE DATES OF RESIDENCE AT EACH OF THOSE ADDRESSES. IF YOU NEED | 1890 |
MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT | 1891 |
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT | 1892 |
AT THE END OF THIS SECTION. | 1893 |
|
(1) I have been furnished, and have read, the pamphlet that | 1941 |
explains the Ohio firearms
laws, that provides instruction in | 1942 |
dispute resolution and explains the Ohio laws related to that | 1943 |
matter, and that provides information regarding all aspects | 1944 |
of the use of deadly force with a firearm, and
I am | 1945 |
knowledgeable of the provisions of those laws and of the | 1946 |
information on those matters. | 1947 |
|
(3) I have never been convicted of or pleaded guilty to a crime
of | 1951 |
violence in the state of Ohio or elsewhere (if you have been | 1952 |
convicted of or pleaded guilty to such a crime, but the | 1953 |
records of that conviction or guilty plea have been sealed or | 1954 |
expunged by court order or a court has granted relief | 1955 |
pursuant to section 2923.14 of the Revised Code from the | 1956 |
disability imposed pursuant to section 2923.13 of the Revised | 1957 |
Code relative to that conviction or guilty plea, you may | 1958 |
treat the conviction or guilty plea for purposes of this | 1959 |
paragraph as if it never had occurred) . I am of
sound
mind. I | 1960 |
hereby certify that the statements contained
herein
are true | 1961 |
and correct to the best of my knowledge and
belief.
I | 1962 |
understand that if
I knowingly make any false
statements | 1963 |
herein
I am subject to penalties prescribed by law.
I | 1964 |
authorize the sheriff or the sheriff's designee to inspect | 1965 |
only those records or documents relevant to information | 1966 |
required
for this application. | 1967 |
|
Sec. 2923.1212.
(A) The following persons, boards, and | 1972 |
entities, or designees, shall post in the following locations a | 1973 |
sign that contains a statement in
substantially the
following | 1974 |
form:
"Unless otherwise authorized
by law, pursuant to
the Ohio | 1975 |
Revised Code, no person shall knowingly
possess, have
under the | 1976 |
person's control, convey, or attempt to
convey a deadly
weapon or | 1977 |
dangerous ordnance onto these
premises.": | 1978 |
(4) Each sheriff, chief
of police, or person in charge of | 1989 |
every county, multicounty,
municipal, municipal-county, or | 1990 |
multicounty-municipal jail or
workhouse, community-based | 1991 |
correctional facility, halfway house,
alternative residential | 1992 |
facility, or other local or state correctional
institution or | 1993 |
detention facility within the state, or that person's designee, in | 1994 |
a conspicuous location at that facility under
that
person's | 1995 |
charge; | 1996 |
(9) The officer of this state or of thea political | 2011 |
subdivision
of this state, or the officer's designee, who has | 2012 |
charge of a
building that is owned bya government facility of | 2013 |
this state or the political
subdivision
of this state, or who | 2014 |
has
charge of the portion of a building that
is
not owned by | 2015 |
any
governmental entity listed in this division
but
that is | 2016 |
leased
by a governmental entity listed in this
division,
as | 2017 |
defined in section 2923.126 of the Revised Code, and that is not a | 2018 |
building that is used primarily as a shelter, restroom, parking | 2019 |
facility for motor vehicles, or rest facility and is not a | 2020 |
courthouse or other building or structure in which a courtroom is | 2021 |
located that is subject to division (B)(3) of that section. | 2022 |
(B) The following boards, bodies, and persons, or designees, | 2023 |
shall post in the following locations a sign that
contains a | 2024 |
statement in substantially
the following form:
"Unless
otherwise | 2025 |
authorized by law, pursuant to
Ohio Revised Code section
2923.122, | 2026 |
no
person shall knowingly possess, have under the
person's | 2027 |
control,
convey, or attempt to convey a deadly weapon or
dangerous | 2028 |
ordnance into a school safety zone.": | 2029 |
(b) A written document prepared by a governmental entity or | 2049 |
public official describing the facts that give the person seeking | 2050 |
to carry a concealed handgun reasonable cause to fear a criminal | 2051 |
attack upon the person or a member of the person's family, such as | 2052 |
would justify a prudent person in going armed. Written documents | 2053 |
of this nature include, but are not limited to, any temporary | 2054 |
protection order, civil protection order, protection order issued | 2055 |
by another state, or other court order, any court report, and any | 2056 |
report filed with or made by a law enforcement agency or | 2057 |
prosecutor. | 2058 |
(b) A sworn affidavit that contains all of the information | 2066 |
required to be on the license and attesting that the person is | 2067 |
legally living in the United States; is at least twenty-one years | 2068 |
of age; is not a fugitive from justice; is not under indictment | 2069 |
for or otherwise charged with an offense identified in division | 2070 |
(D)(1)(d) of section 2923.125 of the Revised Code; has not been | 2071 |
convicted of or pleaded guilty to an offense, and has not been | 2072 |
adjudicated a delinquent child for committing an act, identified | 2073 |
in division (D)(1)(e) of that section and to which division (B)(3) | 2074 |
of this section does not apply; within three years of the date of | 2075 |
the submission, has not been convicted of or pleaded guilty to an | 2076 |
offense, and has not been adjudicated a delinquent child for | 2077 |
committing an act, identified in division (D)(1)(f) of that | 2078 |
section and to which division (B)(3) of this section does not | 2079 |
apply; within five years of the date of the submission, has not | 2080 |
been convicted of, pleaded guilty, or adjudicated a delinquent | 2081 |
child for committing two or more violations identified in division | 2082 |
(D)(1)(g) of that section; within ten years of the date of the | 2083 |
submission, has not been convicted of, pleaded guilty, or | 2084 |
adjudicated a delinquent child for committing a violation | 2085 |
identified in division (D)(1)(h) of that section and to which | 2086 |
division (B)(3) of this section does not apply; has not been | 2087 |
adjudicated as a mental defective, has not been committed to any | 2088 |
mental institution, is not under adjudication of mental | 2089 |
incompetence, has not been found by a court to be a mentally ill | 2090 |
person subject to hospitalization by court order, and is not an | 2091 |
involuntary patient other than one who is a patient only for | 2092 |
purposes of observation, as described in division (D)(1)(i) of | 2093 |
that section; is not currently subject to a civil protection | 2094 |
order, a temporary protection order, or a protection order issued | 2095 |
by a court of another state, as described in division (D)(1)(j) of | 2096 |
that section; and is not currently subject to a suspension imposed | 2097 |
under division (A)(2) of section 2923.128 of the Revised Code of a | 2098 |
license to carry a concealed handgun, or a temporary emergency | 2099 |
license to carry a concealed handgun, that previously was issued | 2100 |
to the person; | 2101 |
(d) A set of fingerprints of the applicant provided as | 2106 |
described in section 311.41 of the Revised Code through use of an | 2107 |
electronic fingerprint reading device or, if the sheriff to whom | 2108 |
the application is submitted does not possess and does not have | 2109 |
ready access to the use of an electronic fingerprint reading | 2110 |
device, on a standard impression sheet prescribed pursuant to | 2111 |
division (C)(2) of section 109.572 of the Revised Code. If the | 2112 |
fingerprints are provided on a standard impression sheet, the | 2113 |
person also shall provide the person's social security number to | 2114 |
the sheriff. | 2115 |
(2) A sheriff shall accept the evidence of imminent danger, | 2116 |
the sworn affidavit, the fee, and the set of fingerprints required | 2117 |
under division (B)(1) of this section at the times and in the | 2118 |
manners described in division (I) of this section. Upon receipt of | 2119 |
the evidence of imminent danger, the sworn affidavit, the fee, and | 2120 |
the set of fingerprints required under division (B)(1) of this | 2121 |
section, the sheriff, in the manner specified in section 311.41 of | 2122 |
the Revised Code, immediately shall conduct or cause to be | 2123 |
conducted the criminal records check and the incompetency records | 2124 |
check described in section 311.41 of the Revised Code. Immediately | 2125 |
upon receipt of the results of the records checks, the sheriff | 2126 |
shall review the information and shall determine whether the | 2127 |
criteria set forth in divisions (D)(1)(a) to (j) and (m) of | 2128 |
section 2923.125 of the Revised Code apply regarding the person. | 2129 |
If the sheriff determines that all of criteria set forth in | 2130 |
divisions (D)(1)(a) to (j) and (m) of section 2923.125 of the | 2131 |
Revised Code apply regarding the person, the sheriff shall | 2132 |
immediately make available through the law enforcement automated | 2133 |
data system all information that will be contained on the | 2134 |
temporary emergency license for the person if one is issued, and | 2135 |
the superintendent of the state highway patrol shall ensure that | 2136 |
the system is so configured as to permit the transmission through | 2137 |
the system of that information. Upon making that information | 2138 |
available through the law enforcement automated data system, the | 2139 |
sheriff shall immediately issue to the person a temporary | 2140 |
emergency license to carry a concealed handgun. | 2141 |
If the sheriff denies the issuance of a temporary emergency | 2142 |
license to the person, the sheriff shall specify the grounds for | 2143 |
the denial in a written notice to the person. The person may | 2144 |
appeal the denial, or challenge criminal records check results | 2145 |
that were the basis of the denial if applicable, in the same | 2146 |
manners specified in division (D)(2) of section 2923.125 and in | 2147 |
section 2923.127 of the Revised Code, regarding the denial of an | 2148 |
application for a license to carry a concealed handgun under that | 2149 |
section. | 2150 |
(3) If a person seeking a temporary emergency license to | 2163 |
carry a concealed handgun has been convicted of or pleaded guilty | 2164 |
to an offense identified in division (D)(1)(e), (f), or (h) of | 2165 |
section 2923.125 of the Revised Code or has been adjudicated a | 2166 |
delinquent child for committing an act or violation identified in | 2167 |
any of those divisions, and if a court has ordered the sealing or | 2168 |
expungement of the records of that conviction, guilty plea, or | 2169 |
adjudication pursuant to sections 2151.355 to 2151.358 or sections | 2170 |
2953.31 to 2953.36 of the Revised Code or a court has granted the | 2171 |
applicant relief pursuant to section 2923.14 of the Revised Code | 2172 |
from the disability imposed pursuant to section 2923.13 of the | 2173 |
Revised Code relative to that conviction, guilty plea, or | 2174 |
adjudication, the conviction, guilty plea, or adjudication shall | 2175 |
not be relevant for purposes of the sworn affidavit described in | 2176 |
division (B)(1)(b) of this section, and the person may complete, | 2177 |
and swear to the truth of, the affidavit as if the conviction, | 2178 |
guilty plea, or adjudication never had occurred. | 2179 |
(C) A person who holds a temporary emergency license to carry | 2180 |
a concealed handgun has the same right to carry a concealed | 2181 |
handgun as a person who was issued a license to carry a concealed | 2182 |
handgun under section 2923.125 of the Revised Code, and any | 2183 |
exceptions to the prohibitions contained in section 1547.69 and | 2184 |
sections 2923.12 to 2923.16 of the Revised Code for a licensee | 2185 |
under section 2923.125 of the Revised Code apply to a licensee | 2186 |
under this section. The person is subject to the same | 2187 |
restrictions, and to all other procedures, duties, and sanctions, | 2188 |
that apply to a person who carries a license issued under section | 2189 |
2923.125 of the Revised Code, other than the license renewal | 2190 |
procedures set forth in that section. | 2191 |
(D) A sheriff who issues a temporary emergency license to | 2192 |
carry a concealed handgun under this section shall not require a | 2193 |
person seeking to carry a concealed handgun in accordance with | 2194 |
this section to submit a competency certificate as a prerequisite | 2195 |
for issuing the license and shall comply with division (H) of | 2196 |
section 2923.125 of the Revised Code in regards to the license. | 2197 |
The sheriff shall suspend or revoke the license in accordance with | 2198 |
section 2923.128 of the Revised Code. In addition to the | 2199 |
suspension or revocation procedures set forth in section 2923.128 | 2200 |
of the Revised Code, the sheriff may revoke the
license upon | 2201 |
receiving information, verifiable by public documents, that the | 2202 |
person is not eligible to possess a
firearm under either the laws | 2203 |
of this state or of the United States or that the person committed | 2204 |
perjury in obtaining the license; if the sheriff revokes a license | 2205 |
under this additional authority, the sheriff
shall notify the | 2206 |
person, by certified mail, return receipt requested, at the | 2207 |
person's last known residence address that the license has been | 2208 |
revoked and that the person is required to surrender the license | 2209 |
at the sheriff's office within ten days of the date on which the | 2210 |
notice was
mailed. Division (H) of section 2923.125 of the | 2211 |
Revised Code applies regarding any suspension or revocation of a | 2212 |
temporary emergency license to carry a concealed handgun. | 2213 |
(F) If a temporary emergency license to carry a concealed | 2220 |
handgun issued under this section is lost or is destroyed, the | 2221 |
licensee may obtain from the sheriff who issued that license a | 2222 |
duplicate license upon the payment of a fee of fifteen dollars and | 2223 |
the submission of an affidavit attesting to the loss or | 2224 |
destruction of the license. The sheriff, in accordance with the | 2225 |
procedures prescribed in section 109.731 of the Revised Code, | 2226 |
shall place on the replacement license a combination of | 2227 |
identifying numbers different from the combination on the license | 2228 |
that is being replaced. | 2229 |
(I) A sheriff shall accept evidence of imminent danger, a | 2240 |
sworn affidavit, the fee, and the set of fingerprints specified in | 2241 |
division (B)(1) of this section at any time during normal business | 2242 |
hours. In no case shall a sheriff require an appointment, or | 2243 |
designate a specific period of time, for the submission or | 2244 |
acceptance of evidence of imminent danger, a sworn affidavit, the | 2245 |
fee, and the set of fingerprints specified in division (B)(1) of | 2246 |
this section, or for the provision to any person of a standard | 2247 |
form to be used for a person to apply for a temporary emergency | 2248 |
license to carry a concealed handgun. | 2249 |
(2) The person's whole blood, blood serum or plasma, breath, | 2278 |
or urine contains a concentration of alcohol, a listed controlled | 2279 |
substance, or a listed metabolite of a controlled substance | 2280 |
prohibited for
persons operating a vehicle, as specified in | 2281 |
division (A) of
section 4511.19 of the Revised Code, regardless | 2282 |
of whether the
person at the time of the transportation or | 2283 |
possession as
described in this division is the operator of or a | 2284 |
passenger in
the motor vehicle. | 2285 |
(b) The loaded handgun is in a closed case, bag, box, or | 2294 |
other container that is in plain sight and that has a lid, a | 2295 |
cover, or a closing mechanism with a zipper, snap, or buckle, | 2296 |
which lid, cover, or closing mechanism must be opened for a person | 2297 |
to gain access to the handgun. | 2298 |
(2) If the person is transporting or has a loaded handgun in | 2302 |
a motor vehicle in a manner authorized under division (E)(1) of | 2303 |
this section, knowingly remove or attempt to remove the loaded | 2304 |
handgun from the holster, case, bag, box, container, or glove | 2305 |
compartment, knowingly grasp or hold the loaded handgun, or | 2306 |
knowingly have contact with the loaded handgun by touching it with | 2307 |
the person's hands or fingers while the motor vehicle is being | 2308 |
operated on a street, highway, or public property unless the | 2309 |
person removes, attempts to remove, grasps, holds, or has the | 2310 |
contact with the loaded handgun pursuant to and in accordance with | 2311 |
directions given by a law enforcement officer; | 2312 |
(3) If the person is the driver or an occupant of a motor | 2313 |
vehicle that is stopped as a result of a traffic stop or a stop | 2314 |
for another law enforcement purpose or is the driver or an | 2315 |
occupant of a commercial motor vehicle that is stopped by an | 2316 |
employee of the motor carrier enforcement unit for the purposes | 2317 |
defined in section 5503.34 of the Revised Code, and if the person | 2318 |
is transporting or has a loaded handgun in the motor vehicle or | 2319 |
commercial motor vehicle in any manner, fail to do any of the | 2320 |
following that is applicable: | 2321 |
(4) If the person is the driver or an occupant of a motor | 2337 |
vehicle that is stopped as a result of a traffic stop or a stop | 2338 |
for another law enforcement purpose and if the person is | 2339 |
transporting or has a loaded handgun in the motor vehicle in any | 2340 |
manner, knowingly fail to remain in the motor vehicle while | 2341 |
stopped or knowingly fail to keep the person's hands in plain | 2342 |
sight at any time after any law enforcement officer begins | 2343 |
approaching the person while stopped and before the law | 2344 |
enforcement officer leaves, unless the failure is pursuant to and | 2345 |
in accordance with directions given by a law enforcement officer; | 2346 |
(5) If the person is the driver or an occupant of a motor | 2347 |
vehicle that is stopped as a result of a traffic stop or a stop | 2348 |
for another law enforcement purpose, if the person is transporting | 2349 |
or has a loaded handgun in the motor vehicle in a manner | 2350 |
authorized under division (E)(1) of this section, and if the | 2351 |
person is approached by any law enforcement officer while stopped, | 2352 |
knowingly remove or attempt to remove the loaded handgun from the | 2353 |
holster, case, bag, box, container, or glove compartment, | 2354 |
knowingly grasp or hold the loaded handgun, or knowingly have | 2355 |
contact with the loaded handgun by touching it with the person's | 2356 |
hands or fingers in the motor vehicle at any time after the law | 2357 |
enforcement officer begins approaching and before the law | 2358 |
enforcement officer leaves, unless the person removes, attempts to | 2359 |
remove, grasps, holds, or has contact with the loaded handgun | 2360 |
pursuant to and in accordance with directions given by the law | 2361 |
enforcement officer; | 2362 |
(6) If the person is the driver or an occupant of a motor | 2363 |
vehicle that is stopped as a result of a traffic stop or a stop | 2364 |
for another law enforcement purpose and if the person is | 2365 |
transporting or has a loaded handgun in the motor vehicle in any | 2366 |
manner, knowingly disregard or fail to comply with any lawful | 2367 |
order of any law enforcement officer given while the motor vehicle | 2368 |
is stopped, including, but not limited to, a specific order to the | 2369 |
person to keep the person's hands in plain sight. | 2370 |
(2) It is an affirmative defense to a charge under division | 2463 |
(B) or (C) of this section of improperly handling firearms in a | 2464 |
motor vehicle that the actor transported or had the firearm in the | 2465 |
motor vehicle for any lawful purpose and while the motor vehicle | 2466 |
was on the actor's own property, provided that this affirmative | 2467 |
defense is not available unless the person, immediately prior to | 2468 |
arriving at the actor's own property, did not transport or possess | 2469 |
the firearm in a motor vehicle in a manner prohibited by division | 2470 |
(B) or (C) of this section while the motor vehicle was being | 2471 |
operated on a street, highway, or other public or private property | 2472 |
used by the public for vehicular traffic. | 2473 |
(I) Whoever violates this section is guilty of improperly | 2479 |
handling firearms in a motor vehicle. Violation of division (A)
of | 2480 |
this section is a felony of the fourth degree.
Violation of | 2481 |
division (C) of this section is a misdemeanor of the
fourth | 2482 |
degree. A violation of division (D) of this section is a felony of | 2483 |
the fifth degree or, if the loaded handgun is concealed on the | 2484 |
person's person, a felony of the fourth degree. AExcept as | 2485 |
otherwise provided in this division, a violation of division | 2486 |
(E)(3) of this section is a misdemeanor of the first degree, and, | 2487 |
in addition to any other penalty or sanction imposed for the | 2488 |
violation, the offender's license or temporary emergency license | 2489 |
to carry a concealed handgun shall be suspended pursuant to | 2490 |
division (A)(2) of section 2923.128 of the Revised Code. If at the | 2491 |
time of the stop of the offender for a traffic stop, for another | 2492 |
law enforcement purpose, or for a purpose defined in section | 2493 |
5503.34 of the Revised Code that was the basis of the violation | 2494 |
any law enforcement officer involved with the stop or the employee | 2495 |
of the motor
carrier
enforcement unit who made the stop had | 2496 |
actual
knowledge of the offender's status as a licensee, a | 2497 |
violation of
division (E)(3) of this section is a minor | 2498 |
misdemeanor, and the
offender's license or temporary emergency | 2499 |
license to carry a
concealed handgun shall not be suspended | 2500 |
pursuant to division
(A)(2) of section 2923.128 of the Revised | 2501 |
Code. A violation of
division (E)(1), (2), or (5) of this section | 2502 |
is a felony of the
fifth degree. A violation of division (E)(4) | 2503 |
or (6) of this
section is a misdemeanor of the first degree or, | 2504 |
if the offender
previously has been convicted of or pleaded | 2505 |
guilty to a violation
of division (E)(4) or (6) of this section, | 2506 |
a felony of the fifth
degree. In addition to any other penalty or | 2507 |
sanction imposed for a
misdemeanor violation of division (E)(4) | 2508 |
or (6) of this section,
the offender's license or temporary | 2509 |
emergency license to carry a
concealed handgun shall be suspended | 2510 |
pursuant to division (A)(2)
of section 2923.128 of the Revised | 2511 |
Code. A violation of division
(B) of this section is whichever of | 2512 |
the following is applicable: | 2513 |
(1) If, at the time of the transportation or possession in | 2514 |
violation of division (B) of this section, the offender was | 2515 |
carrying a valid license or temporary emergency license to carry a | 2516 |
concealed handgun issued to the offender under section 2923.125 or | 2517 |
2923.1213 of the Revised Code or a license to carry a concealed | 2518 |
handgun that was issued by another state with which the attorney | 2519 |
general has entered into a reciprocity agreement under section | 2520 |
109.69 of the Revised Code and the offender was not knowingly in a | 2521 |
place described in division (B) of section 2923.126 of the Revised | 2522 |
Code, the violation is a misdemeanor of the first degree or, if | 2523 |
the offender previously has been convicted of or pleaded guilty to | 2524 |
a violation of division (B) of this section, a felony of the | 2525 |
fourth degree. | 2526 |
(J) If a law enforcement officer stops a motor vehicle for a | 2529 |
traffic stop or any other purpose, if any person in the motor | 2530 |
vehicle surrenders a firearm to the officer, either voluntarily or | 2531 |
pursuant to a request or demand of the officer, and if the officer | 2532 |
does not charge the person with a violation of this section or | 2533 |
arrest the person for any offense, the person is not otherwise | 2534 |
prohibited by law from possessing the firearm, and the firearm is | 2535 |
not contraband, the officer shall return the firearm to the person | 2536 |
at the termination of the stop. If a court orders a law | 2537 |
enforcement officer to return a firearm to a person pursuant to | 2538 |
the requirement set forth in this division, division (B) of | 2539 |
section 2923.163 of the Revised Code applies. | 2540 |
Sec. 2923.163. If a law enforcement officer stops a person | 2565 |
for any law enforcement purpose and the person voluntarily or | 2566 |
pursuant to a request or demand of the officer surrenders a | 2567 |
firearm to the officer, if a law enforcement officer stops a motor | 2568 |
vehicle for any purpose and a person in the motor vehicle | 2569 |
voluntarily or pursuant to a request or demand of the officer | 2570 |
surrenders a firearm to the officer, or if a law enforcement | 2571 |
officer otherwise seizes a firearm from a person, all of the | 2572 |
following apply: | 2573 |
(B) If the law enforcement officer does not return the | 2582 |
firearm to the person at the termination of the stop or otherwise | 2583 |
promptly return the firearm to the person after the seizure of the | 2584 |
firearm, if a court finds that a law enforcement officer failed to | 2585 |
return the firearm to the person after the person has demanded the | 2586 |
return of the firearm from the officer, and if the court orders a | 2587 |
law enforcement officer to return the firearm to the person, in | 2588 |
addition to any other relief ordered, the court also shall award | 2589 |
reasonable costs and attorney's fees to the person who sought the | 2590 |
order to return the firearm. | 2591 |
Sec. 2929.14. (A) Except as provided in
division (C), | 2592 |
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (G), or (L) of | 2593 |
this
section and except
in relation to an offense for which a | 2594 |
sentence
of death or life
imprisonment is to be imposed, if the | 2595 |
court
imposing a sentence
upon an offender for a felony elects or | 2596 |
is
required to impose a
prison term on the offender pursuant to | 2597 |
this
chapter, the court shall
impose a definite prison term that | 2598 |
shall
be one of the following: | 2599 |
(B) Except as provided in division (C),
(D)(1), (D)(2), | 2611 |
(D)(3), (D)(5), (D)(6), (G), or (L) of this section, in section | 2612 |
2907.02 or 2907.05
of the Revised
Code, or in Chapter
2925. of the | 2613 |
Revised Code, if the court
imposing a sentence upon an offender | 2614 |
for a felony elects or is
required to impose a prison term on the | 2615 |
offender, the court shall
impose the shortest prison term | 2616 |
authorized for the offense
pursuant to division (A) of this | 2617 |
section, unless
one or more
of
the following applies: | 2618 |
(C) Except as provided in division (G) or (L) of this section | 2625 |
or in
Chapter 2925. of
the Revised Code, the court imposing a | 2626 |
sentence
upon an
offender for a felony may impose the longest | 2627 |
prison term
authorized for the offense pursuant to division (A) of | 2628 |
this
section only upon offenders who committed the worst forms of | 2629 |
the
offense, upon offenders who pose the greatest likelihood of | 2630 |
committing future crimes, upon certain major drug offenders under | 2631 |
division (D)(3) of this section, and upon certain repeat
violent | 2632 |
offenders in accordance with division (D)(2) of
this section. | 2633 |
(b) If a
court imposes a prison term on
an
offender under | 2658 |
division (D)(1)(a) of this section, the prison
term shall not be | 2659 |
reduced pursuant to section 2929.20, section 2967.193,
or
any | 2660 |
other provision of Chapter 2967. or Chapter 5120. of the
Revised | 2661 |
Code. AExcept as provided in division (D)(1)(g) of this section, | 2662 |
a court shall not
impose more than one prison term on an
offender | 2663 |
under
division (D)(1)(a) of this section for felonies
committed as | 2664 |
part of
the same act or transaction. | 2665 |
(c) Except as provided in division
(D)(1)(e)
of this
section, | 2666 |
if an offender who is convicted of or pleads
guilty to a
violation | 2667 |
of section 2923.161 of the
Revised
Code or to a felony
that | 2668 |
includes,
as an essential element, purposely or knowingly
causing | 2669 |
or
attempting to cause the death of or physical harm to
another, | 2670 |
also is convicted of or pleads guilty to a specification
of the | 2671 |
type described in section 2941.146 of the
Revised
Code that | 2672 |
charges the offender
with committing the offense by discharging a | 2673 |
firearm from a
motor vehicle other than a manufactured
home, the | 2674 |
court, after imposing
a prison term on the offender for the | 2675 |
violation of section
2923.161 of the Revised
Code or for the other | 2676 |
felony
offense under division (A), (D)(2), or (D)(3) of this | 2677 |
section, shall
impose an additional prison term of five years upon | 2678 |
the offender
that shall not be reduced pursuant to section | 2679 |
2929.20, section 2967.193, or
any other provision of Chapter 2967. | 2680 |
or Chapter 5120. of the Revised Code. A
court shall not impose | 2681 |
more than one additional prison term on an offender under
division | 2682 |
(D)(1)(c) of this section for felonies committed as
part of the | 2683 |
same
act or transaction. If a court imposes an additional prison | 2684 |
term on an
offender under division (D)(1)(c) of this section | 2685 |
relative to an offense, the court also shall
impose a prison term | 2686 |
under division
(D)(1)(a) of this section
relative to the same | 2687 |
offense, provided the criteria specified in that division
for | 2688 |
imposing an additional prison term are satisfied relative to the | 2689 |
offender
and the offense. | 2690 |
(d)
If an offender who is convicted of or pleads guilty to | 2691 |
an offense
of violence that is a felony also is convicted of or | 2692 |
pleads guilty to a
specification of the type described in section | 2693 |
2941.1411 of the Revised Code that charges the
offender with | 2694 |
wearing or carrying body armor
while committing the felony offense | 2695 |
of violence, the court shall
impose on the offender a prison term | 2696 |
of two years. The prison
term so imposed shall not be reduced | 2697 |
pursuant to section 2929.20,
section 2967.193, or any other | 2698 |
provision of
Chapter 2967. or
Chapter 5120. of the
Revised Code.
A | 2699 |
court shall not impose more
than one prison term
on an offender | 2700 |
under division
(D)(1)(d) of this section for
felonies committed as | 2701 |
part of
the same act or transaction. If a
court imposes an | 2702 |
additional prison
term under division (D)(1)(a)
or (c)
of this | 2703 |
section, the
court is not precluded from imposing
an additional | 2704 |
prison term under
division (D)(1)(d) of this
section. | 2705 |
(e) The court shall not impose any of the
prison terms | 2706 |
described in division
(D)(1)(a)
of this section or any of the | 2707 |
additional prison terms described in
division (D)(1)(c) of this | 2708 |
section upon an
offender for a
violation of section
2923.12 or | 2709 |
2923.123 of the Revised Code. The court shall not
impose any of | 2710 |
the prison terms described in division (D)(1)(a) or
(b) of this | 2711 |
section upon an offender for a violation of section
2923.122 that | 2712 |
involves a deadly weapon that is a firearm other
than a dangerous | 2713 |
ordnance, section 2923.16, or section 2923.121
of the Revised | 2714 |
Code. The court shall not
impose any of
the prison terms described | 2715 |
in
division
(D)(1)(a) of this section
or any of the additional | 2716 |
prison terms
described in division
(D)(1)(c) of this section
upon | 2717 |
an offender for a violation of
section 2923.13 of the
Revised Code | 2718 |
unless all of the following
apply: | 2719 |
(f) If an offender is convicted of or pleads guilty to a
| 2725 |
felony that includes, as an essential element, causing or
| 2726 |
attempting to cause
the death of or physical
harm to another and
| 2727 |
also is convicted of or pleads guilty to a
specification of the
| 2728 |
type described in section 2941.1412 of the
Revised Code that
| 2729 |
charges the
offender with committing the offense by discharging a
| 2730 |
firearm at a
peace officer as defined in section 2935.01 of the
| 2731 |
Revised Code or a corrections officer, as defined in section | 2732 |
2941.1412 of the Revised Code, the court, after imposing a
prison | 2733 |
term on the
offender for the felony offense under division (A), | 2734 |
(D)(2),
or
(D)(3) of this section, shall impose an additional | 2735 |
prison term of
seven years upon the offender that shall not be | 2736 |
reduced pursuant
to section 2929.20, section 2967.193, or any | 2737 |
other provision of
Chapter 2967. or Chapter 5120. of
the Revised | 2738 |
Code. A court
shall
not impose more than one
additional prison | 2739 |
term on an
offender
under division (D)(1)(f) of
this section for | 2740 |
felonies
committed as
part of the same act or transactionIf an | 2741 |
offender is convicted of or pleads guilty to two or more felonies | 2742 |
that include, as an essential element, causing or attempting to | 2743 |
cause the death or physical harm to another and also is convicted | 2744 |
of or pleads guilty to a specification of the type described under | 2745 |
division (D)(1)(f) of this section in connection with two or more | 2746 |
of the felonies of which the offender is convicted or to which the | 2747 |
offender pleads guilty, the sentencing court shall impose on the | 2748 |
offender the prison term specified under division (D)(1)(f) of | 2749 |
this section for each of two of the specifications of which the | 2750 |
offender is convicted or to which the offender pleads guilty and, | 2751 |
in its discretion, also may impose on the offender the prison term | 2752 |
specified under that division for any or all of the remaining | 2753 |
specifications.
If a
court
imposes an
additional prison term on | 2754 |
an offender under
division
(D)(1)(f) of
this section relative to | 2755 |
an offense,
the
court
shall not impose a
prison term under | 2756 |
division (D)(1)(a)
or
(c)
of
this section
relative to the same | 2757 |
offense. | 2758 |
(g) If an offender is convicted of or pleads guilty to two | 2759 |
or more felonies, if one or more of those felonies is aggravated | 2760 |
murder, murder, attempted aggravated murder, attempted murder, | 2761 |
aggravated robbery, felonious assault, or rape, and if the | 2762 |
offender is convicted of or pleads guilty to a specification of | 2763 |
the type described under division (D)(1)(a) of this section in | 2764 |
connection with two or more of the felonies, the sentencing court | 2765 |
shall impose on the offender the prison term specified under | 2766 |
division (D)(1)(a) of this section for each of the two most | 2767 |
serious specifications of which the offender is convicted or to | 2768 |
which the offender pleads guilty and, in its discretion, also may | 2769 |
impose on the offender the prison term specified under that | 2770 |
division for any or all of the remaining specifications. | 2771 |
(2)(a) If division (D)(2)(b) of this section does not apply, | 2772 |
the
court
may impose on an offender, in addition to the longest | 2773 |
prison term
authorized or required for the offense, an additional | 2774 |
definite prison term of one, two, three, four, five, six, seven, | 2775 |
eight, nine, or ten years if all of the following criteria are | 2776 |
met: | 2777 |
(ii) The offense of which the offender currently is convicted | 2781 |
or to which the offender currently pleads guilty is aggravated | 2782 |
murder and the court does not impose a sentence of death or life | 2783 |
imprisonment without parole, murder, terrorism and the court does | 2784 |
not impose a sentence of life imprisonment without parole, any | 2785 |
felony of the first degree that is an offense of violence and the | 2786 |
court does not impose a sentence of life imprisonment without | 2787 |
parole, or any felony of the second degree that is an offense of | 2788 |
violence and the trier of fact finds that the offense involved an | 2789 |
attempt to cause or a threat to cause serious physical harm to a | 2790 |
person or resulted in serious physical harm to a person. | 2791 |
(iv) The court finds that the prison terms imposed pursuant | 2794 |
to division (D)(2)(a)(iii) of this section and, if applicable, | 2795 |
division (D)(1) or (3) of this section are inadequate to
punish | 2796 |
the
offender and protect the public from future crime,
because the | 2797 |
applicable factors
under
section 2929.12
of the Revised Code | 2798 |
indicating a greater
likelihood of recidivism outweigh
the | 2799 |
applicable factors under that section indicating a lesser | 2800 |
likelihood of
recidivism. | 2801 |
(v) The court finds that the prison terms imposed pursuant to | 2802 |
division (D)(2)(a)(iii) of this section and, if applicable, | 2803 |
division (D)(1) or (3) of this section are demeaning to the | 2804 |
seriousness
of the offense, because one or more of the factors | 2805 |
under section
2929.12 of the Revised Code
indicating that the | 2806 |
offender's conduct
is more serious than conduct normally | 2807 |
constituting the offense are
present, and they outweigh the | 2808 |
applicable
factors under that
section indicating that the | 2809 |
offender's
conduct is
less serious
than conduct normally | 2810 |
constituting the offense. | 2811 |
(ii) The offender within the preceding twenty years has been | 2820 |
convicted of or pleaded guilty to three or more offenses described | 2821 |
in division (DD)(1) of section 2929.01 of the Revised Code, | 2822 |
including all offenses described in that division of which the | 2823 |
offender is convicted or to which the offender pleads guilty in | 2824 |
the current prosecution and all offenses described in that | 2825 |
division of which the offender previously has been convicted or to | 2826 |
which the offender previously pleaded guilty, whether prosecuted | 2827 |
together or separately. | 2828 |
(iii) The offense or offenses of which the offender currently | 2829 |
is convicted or to which the offender currently pleads guilty is | 2830 |
aggravated murder and the court does not impose a sentence of | 2831 |
death or life imprisonment without parole, murder, terrorism and | 2832 |
the court does not impose a sentence of life imprisonment without | 2833 |
parole, any felony of the first degree that is an offense of | 2834 |
violence and the court does not impose a sentence of life | 2835 |
imprisonment without parole, or any felony of the second degree | 2836 |
that is an offense of violence and the trier of fact finds that | 2837 |
the offense involved an attempt to cause or a threat to cause | 2838 |
serious physical harm to a person or resulted in serious physical | 2839 |
harm to a person. | 2840 |
(3)(a) Except when an offender commits a
violation of
section | 2854 |
2903.01 or 2907.02 of the
Revised Code and the penalty
imposed for | 2855 |
the
violation is life imprisonment or commits a
violation of | 2856 |
section
2903.02 of the Revised Code, if the offender
commits a | 2857 |
violation of section 2925.03 or 2925.11 of
the Revised
Code and | 2858 |
that section classifies the offender as a major drug
offender and | 2859 |
requires the
imposition of a ten-year prison term on
the offender, | 2860 |
if
the offender commits a felony violation of
section 2925.02, | 2861 |
2925.04, 2925.05,
2925.36, 3719.07, 3719.08,
3719.16, 3719.161, | 2862 |
4729.37, or
4729.61, division (C) or (D) of
section 3719.172, | 2863 |
division
(C) of section 4729.51, or division (J)
of section | 2864 |
4729.54
of the Revised Code that includes the sale,
offer to sell, | 2865 |
or possession of a schedule
I or II controlled
substance, with the | 2866 |
exception of
marihuana, and the
court imposing
sentence upon the | 2867 |
offender finds
that the offender is guilty of a
specification of | 2868 |
the type
described in section 2941.1410 of the
Revised Code | 2869 |
charging
that the offender is a
major drug offender,
if the court | 2870 |
imposing sentence upon an offender for
a felony
finds
that the | 2871 |
offender is guilty
of corrupt activity with the
most
serious | 2872 |
offense in the pattern
of corrupt activity being a
felony
of the | 2873 |
first degree, or if the offender is guilty of
an attempted | 2874 |
violation of section 2907.02 of the Revised Code and, had the | 2875 |
offender completed the violation of section 2907.02 of the Revised | 2876 |
Code that was attempted, the offender would have been subject to a | 2877 |
sentence of life imprisonment or life imprisonment without parole | 2878 |
for the violation of section 2907.02 of the Revised Code, the | 2879 |
court shall
impose upon
the offender for the felony violation a | 2880 |
ten-year
prison term that
cannot be reduced pursuant to section | 2881 |
2929.20 or
Chapter
2967. or 5120. of the Revised Code. | 2882 |
(b) The court imposing a prison term on an
offender under | 2883 |
division (D)(3)(a) of this
section may impose an additional prison | 2884 |
term of one, two, three,
four, five, six, seven, eight, nine, or | 2885 |
ten years, if the court,
with respect to the term imposed under | 2886 |
division
(D)(3)(a) of this section and, if
applicable, divisions | 2887 |
(D)(1) and (2) of this section,
makes both of the findings set | 2888 |
forth in divisions
(D)(2)(a)(iv) and (v) of this section. | 2889 |
(4) If the offender is being sentenced for a third or fourth | 2890 |
degree felony
OVI offense under division (G)(2) of section
2929.13 | 2891 |
of the Revised
Code,
the sentencing court shall impose
upon the | 2892 |
offender a mandatory prison term in
accordance with that
division. | 2893 |
In addition to the mandatory prison term, if the offender is being | 2894 |
sentenced for a fourth degree felony OVI offense, the court, | 2895 |
notwithstanding division (A)(4) of this section, may sentence the | 2896 |
offender to a definite prison term of not less than six months and | 2897 |
not more than thirty months, and if the offender is being | 2898 |
sentenced for a third degree felony OVI offense, the
sentencing | 2899 |
court may sentence the offender to an additional prison
term of | 2900 |
any
duration specified in division (A)(3) of this section. In | 2901 |
either case, the additional prison term imposed shall be reduced | 2902 |
by the sixty or one
hundred twenty days imposed upon the
offender | 2903 |
as the mandatory prison term.
The total of the
additional prison | 2904 |
term imposed under division (D)(4) of this
section
plus the sixty | 2905 |
or one hundred twenty days imposed as the
mandatory prison term | 2906 |
shall equal a definite term in the range of six months to thirty | 2907 |
months for a fourth degree felony OVI offense and shall equal one | 2908 |
of
the authorized prison
terms specified in division (A)(3) of | 2909 |
this section for a third degree felony OVI offense. If
the court | 2910 |
imposes an additional prison term under division (D)(4) of this | 2911 |
section, the offender shall serve the additional prison term after | 2912 |
the
offender has served the mandatory prison term required for the | 2913 |
offense. In addition to the mandatory prison term or mandatory and | 2914 |
additional prison term imposed as described in division (D)(4) of | 2915 |
this section, the
court also may sentence the offender to a | 2916 |
community
control sanction under
section 2929.16 or 2929.17 of the | 2917 |
Revised
Code, but the offender shall serve all of the prison terms | 2918 |
so imposed prior to serving the community control sanction. | 2919 |
(5) If an offender is convicted of or pleads guilty to a | 2925 |
violation of division (A)(1) or (2) of section 2903.06 of the | 2926 |
Revised Code and also is convicted of or pleads guilty to a | 2927 |
specification of the type described in section 2941.1414 of the | 2928 |
Revised Code that charges that the victim of the offense is a | 2929 |
peace officer, as defined in section 2935.01 of the Revised Code, | 2930 |
or an investigator of the bureau of criminal identification and | 2931 |
investigation, as defined in section 2903.11 of the Revised Code, | 2932 |
the court shall impose on the offender a prison term of five | 2933 |
years. If a court imposes a prison term on an offender under | 2934 |
division (D)(5) of this section, the prison term shall not be | 2935 |
reduced pursuant to section 2929.20, section 2967.193, or any | 2936 |
other provision of Chapter 2967. or Chapter 5120. of the Revised | 2937 |
Code. A court shall not impose more than one prison term on an | 2938 |
offender under division (D)(5) of this section for felonies | 2939 |
committed as part of the same act. | 2940 |
(6) If an offender is convicted of or pleads guilty to a | 2941 |
violation of division (A)(1) or (2) of section 2903.06 of the | 2942 |
Revised Code and also is convicted of or pleads guilty to a | 2943 |
specification of the type described in section 2941.1415 of the | 2944 |
Revised Code that charges that the offender previously has been | 2945 |
convicted of or pleaded guilty to three or more violations of | 2946 |
division (A)
or (B) of section 4511.19 of the Revised Code or an | 2947 |
equivalent
offense, as defined in section 2941.1415 of the Revised | 2948 |
Code, or three or more violations of any combination of those | 2949 |
divisions and offenses, the
court shall impose on the offender a | 2950 |
prison term of three years.
If a court imposes a prison term on an | 2951 |
offender under division
(D)(6) of this section, the prison term | 2952 |
shall not be reduced
pursuant to section 2929.20, section | 2953 |
2967.193, or any other
provision of Chapter 2967. or Chapter 5120. | 2954 |
of the Revised Code.
A
court shall not impose more than one prison | 2955 |
term on an offender
under division (D)(6) of this section for | 2956 |
felonies committed as
part of the same act. | 2957 |
(E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a | 2958 |
mandatory prison term
is imposed
upon an offender pursuant to | 2959 |
division (D)(1)(a) of this
section for having a firearm on or | 2960 |
about the offender's person or under the
offender's
control while | 2961 |
committing a felony, if a mandatory prison term
is imposed
upon an | 2962 |
offender pursuant to division (D)(1)(c) of
this section for | 2963 |
committing a felony specified in that division by discharging
a | 2964 |
firearm from a motor vehicle, or if both types of mandatory prison | 2965 |
terms
are imposed, the offender shall serve
any mandatory prison | 2966 |
term
imposed under either division
consecutively to any other | 2967 |
mandatory prison term imposed under either division
or under | 2968 |
division (D)(1)(d) of this
section,
consecutively to and prior to | 2969 |
any prison term
imposed for the underlying felony pursuant to | 2970 |
division (A),
(D)(2), or (D)(3) of this section or any other | 2971 |
section of the Revised Code, and consecutively to any other prison | 2972 |
term
or
mandatory prison term previously or subsequently imposed | 2973 |
upon the
offender. | 2974 |
(b) If a mandatory prison term is imposed upon an offender | 2975 |
pursuant to division (D)(1)(d) of this section for
wearing or | 2976 |
carrying body armor while committing an offense of violence that | 2977 |
is a felony,
the offender shall serve the mandatory
term so | 2978 |
imposed consecutively to any other mandatory prison term
imposed | 2979 |
under that division or under division (D)(1)(a)
or (c) of
this | 2980 |
section, consecutively to and prior to any prison term imposed for | 2981 |
the underlying felony under division (A), (D)(2), or
(D)(3)
of | 2982 |
this section or any other section of the Revised Code, and | 2983 |
consecutively to any other
prison term or mandatory prison term | 2984 |
previously or subsequently
imposed upon the offender. | 2985 |
(2) If an offender who is an inmate in a jail, prison,
or | 2994 |
other residential detention facility violates section 2917.02, | 2995 |
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender | 2996 |
who is under detention at a detention facility commits a felony | 2997 |
violation of section 2923.131 of the Revised Code, or if an | 2998 |
offender who is an
inmate in a jail, prison, or other residential | 2999 |
detention facility or is under
detention at a detention facility | 3000 |
commits another felony while the offender is
an
escapee in | 3001 |
violation of
section 2921.34 of the Revised Code, any prison
term | 3002 |
imposed upon the offender for one of those violations
shall be | 3003 |
served by the offender consecutively to the prison term or term of | 3004 |
imprisonment the offender
was serving when the offender committed | 3005 |
that offense and to any other prison
term previously or | 3006 |
subsequently imposed upon the offender. | 3007 |
(3) If a prison term is imposed for a violation of division | 3008 |
(B) of section 2911.01 of the Revised
Code, a violation of | 3009 |
division (A) of section 2913.02 of the Revised Code in which the | 3010 |
stolen property is a firearm or dangerous ordnance, or a felony | 3011 |
violation of division
(B) of section 2921.331
of the Revised Code, | 3012 |
the offender shall serve that
prison term
consecutively to any | 3013 |
other prison term or mandatory prison term
previously or | 3014 |
subsequently
imposed upon the offender. | 3015 |
(4) If multiple prison terms are imposed on an offender
for | 3016 |
convictions of multiple offenses, the court may require the | 3017 |
offender to serve the prison terms consecutively if the court | 3018 |
finds that the consecutive service is necessary to protect the | 3019 |
public from future crime or to punish the offender and that | 3020 |
consecutive sentences are not disproportionate to the seriousness | 3021 |
of the
offender's conduct and to the danger the offender
poses to | 3022 |
the public, and if the court also finds any
of the following: | 3023 |
(5) If a mandatory prison term is imposed upon an offender | 3038 |
pursuant to division (D)(5) or (6) of this section, the offender | 3039 |
shall serve the mandatory prison term consecutively to and prior | 3040 |
to any prison term imposed for the underlying violation of | 3041 |
division (A)(1) or (2) of section 2903.06 of the Revised Code | 3042 |
pursuant to division (A) of this section or section 2929.142 of | 3043 |
the Revised Code. If a mandatory prison
term is imposed upon an | 3044 |
offender pursuant to division (D)(5) of
this section, and if a | 3045 |
mandatory prison term also is imposed upon
the offender pursuant | 3046 |
to division (D)(6) of this section in
relation to the same | 3047 |
violation, the offender shall serve the
mandatory prison term | 3048 |
imposed pursuant to division (D)(5) of this
section consecutively | 3049 |
to and prior to the mandatory prison term
imposed pursuant to | 3050 |
division (D)(6) of this section and
consecutively to and prior to | 3051 |
any prison term imposed for the
underlying violation of division | 3052 |
(A)(1) or (2) of section 2903.06
of the Revised Code pursuant to | 3053 |
division (A) of this section or section 2929.142 of the Revised | 3054 |
Code. | 3055 |
(F)(1) If a court imposes a prison term for a felony of the | 3059 |
first degree, for a felony of the second degree, for a felony sex | 3060 |
offense, or for a felony of the third degree that is not a felony | 3061 |
sex offense and in the commission of which the offender caused or | 3062 |
threatened to cause physical harm to a person, it shall
include in | 3063 |
the sentence a
requirement that the offender be subject
to a | 3064 |
period of
post-release control after the offender's release
from | 3065 |
imprisonment, in
accordance with that division. If a court imposes | 3066 |
a sentence including a prison term of a type described in this | 3067 |
division on or after July 11, 2006, the failure of a court to | 3068 |
include a post-release control requirement in the sentence | 3069 |
pursuant to this division does not negate, limit, or otherwise | 3070 |
affect the mandatory period of post-release control that is | 3071 |
required for the offender under division (B) of section 2967.28 of | 3072 |
the Revised Code. Section 2929.191 of the Revised Code applies if, | 3073 |
prior to July 11, 2006, a court imposed a sentence including a | 3074 |
prison term of a type described in this division and failed to | 3075 |
include in the sentence pursuant to this division a statement | 3076 |
regarding post-release control. | 3077 |
(2) If a court
imposes a prison term
for a felony of the | 3078 |
third, fourth, or fifth degree that is not subject to division | 3079 |
(F)(1) of this section, it
shall include in the sentence a | 3080 |
requirement that the
offender be
subject to a period of | 3081 |
post-release control after the
offender's release
from | 3082 |
imprisonment, in accordance with that
division, if the
parole | 3083 |
board determines that a period of
post-release control is | 3084 |
necessary. Section 2929.191 of the Revised Code applies if, prior | 3085 |
to July 11, 2006, a court imposed a sentence including a prison | 3086 |
term of a type described in this division and failed to include in | 3087 |
the sentence pursuant to this division a statement regarding | 3088 |
post-release control. | 3089 |
(2) A person is convicted of or pleads guilty to a violation | 3100 |
of division (A)(1)(b) of section 2907.02 of the Revised Code | 3101 |
committed on or after January
2, 2007, and either the court does | 3102 |
not impose a sentence of life
without parole when authorized | 3103 |
pursuant to division (B) of section
2907.02 of the Revised Code, | 3104 |
or division (B) of section 2907.02 of
the Revised Code provides | 3105 |
that the court shall not sentence the
offender pursuant to | 3106 |
section 2971.03 of the Revised Code. | 3107 |
(5) A person is convicted of or pleads guilty to aggravated | 3117 |
murder committed on or after the effective date of this amendment | 3118 |
January 1, 2008,
and division (A)(2)(b)(ii) of section 2929.022, | 3119 |
division
(A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), | 3120 |
(D)(3)(a)(iv),
or (E)(1)(d) of section 2929.03, or division (A) | 3121 |
or (B) of section
2929.06 of the Revised Code requires the court | 3122 |
to sentence the
offender pursuant to division (B)(3) of section | 3123 |
2971.03 of the
Revised Code. | 3124 |
(H) If a person who has been convicted of or pleaded guilty | 3130 |
to a felony is
sentenced to a prison term or term of imprisonment | 3131 |
under this section,
sections 2929.02 to 2929.06 of the Revised | 3132 |
Code, section 2929.142 of the Revised Code, section 2971.03 of the | 3133 |
Revised Code, or any other provision
of law, section 5120.163 of | 3134 |
the Revised
Code applies regarding the
person while the person is | 3135 |
confined in a state
correctional
institution. | 3136 |
(J) If an offender who is convicted of or pleads guilty to | 3144 |
aggravated murder, murder, or a
felony of the first, second, or | 3145 |
third degree that is an
offense of violence also is convicted of | 3146 |
or pleads guilty to a
specification of the type described in | 3147 |
section 2941.143 of the
Revised
Code that charges the offender | 3148 |
with having committed the offense in a school safety
zone or | 3149 |
towards a person in a school safety zone, the court shall impose | 3150 |
upon the offender an additional prison term of two years. The | 3151 |
offender shall
serve the additional two years consecutively to and | 3152 |
prior to the prison term
imposed for the underlying offense. | 3153 |
(K) At the time of sentencing, the court
may recommend the | 3154 |
offender for
placement in a program of shock incarceration
under | 3155 |
section 5120.031 of the Revised Code or for
placement
in an | 3156 |
intensive program prison
under
section 5120.032 of the Revised | 3157 |
Code, disapprove placement of the
offender in a program of shock | 3158 |
incarceration or
an intensive
program
prison
of that nature, or | 3159 |
make
no recommendation on placement of
the offender.
In no case | 3160 |
shall
the department of rehabilitation and correction place the | 3161 |
offender
in a program or prison of that nature unless the | 3162 |
department
determines as specified in section 5120.031 or 5120.032 | 3163 |
of the
Revised Code, whichever is applicable, that the offender is | 3164 |
eligible for the placement. | 3165 |
If the court does not make a recommendation under this | 3182 |
division with
respect to an
offender
and if the
department | 3183 |
determines as specified in section 5120.031 or 5120.032
of the | 3184 |
Revised Code, whichever is applicable, that the offender is | 3185 |
eligible for placement in a program or prison of that nature, the | 3186 |
department shall screen the offender and
determine if there is an | 3187 |
available program of shock incarceration or an
intensive program | 3188 |
prison for which the offender is suited. If there is an
available | 3189 |
program of shock incarceration or an intensive program prison for | 3190 |
which the offender is suited, the department shall notify the | 3191 |
court of the
proposed placement of the offender
as specified in | 3192 |
section 5120.031 or 5120.032 of the Revised Code and shall include | 3193 |
with the notice a brief
description of the placement. The court | 3194 |
shall have ten days from receipt of
the notice to disapprove the | 3195 |
placement. | 3196 |
Section 2. That existing sections 2307.60, 2901.05, 2923.12, | 3202 |
2923.121,
2923.122,
2923.125, 2923.126, 2923.128, 2923.129, | 3203 |
2923.1210,
2923.1212,
2923.1213, 2923.16, and
2929.14 of the | 3204 |
Revised Code
are hereby repealed. | 3205 |