As Reported by the Senate Judiciary--Criminal Justice Committee

127th General Assembly Regular Session 2007-2008

Sub. S. B. No. 184

Senator Buehrer 

Cosponsors: Senators Faber, Grendell, Niehaus, Stivers, Padgett, Carey, Goodman, Mumper, Clancy, Schuring, Schaffer, Schuler, Cafaro, Kearney, Gardner, Austria, Seitz 

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A BILL

To amend sections 2307.60, 2901.05, and 2929.14 and

1

to enact sections 2307.601 and 2901.09 of the

2

Revised Code to bar recovery of damages in tort

3

actions commenced by criminal offenders in

4

specified circumstances even if the offender has

5

not been charged with or convicted of any offense

6

based on the offender's criminal conduct, to

7

create a rebuttable presumption that a person

8

acted in self defense or defense of another when

9

using defensive force that is intended or likely

10

to cause death or great bodily harm to another if

11

the person against whom the defensive force is

12

used is in the process of entering or has

13

entered, unlawfully and without privilege to do

14

so, the residence or vehicle occupied by the

15

person using the defensive force, and to remove

16

current sentencing restrictions and impose new

17

sentencing requirements when a court sentences

18

an offender convicted of multiple felonies and

19

multiple gun specifications.

20

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

Section 1. That sections 2307.60, 2901.05, and 2929.14 be	21
amended and sections 2307.601 and 2901.09 of the Revised Code be	22
enacted to read as follows:	23

Sec. 2307.60. (A)(1) Anyone injured in person or property by	24
a criminal act has, and may recover full damages in, a civil	25
action unless specifically excepted by law, may recover the costs	26
of maintaining the civil action and attorney's fees if authorized	27
by any provision of the Rules of Civil Procedure or another	28
section of the Revised Code or under the common law of this state,	29
and may recover punitive or exemplary damages if authorized by	30
section 2315.21 or another section of the Revised Code.	31

(2) A final judgment of a trial court that has not been	32
reversed on appeal or otherwise set aside, nullified, or vacated,	33
entered after a trial or upon a plea of guilty, but not upon a	34
plea of no contest or the equivalent plea from another	35
jurisdiction, that adjudges an offender guilty of an offense of	36
violence punishable by death or imprisonment in excess of one	37
year, when entered as evidence in any subsequent civil proceeding	38
based on the criminal act, shall preclude the offender from	39
denying in the subsequent civil proceeding any fact essential to	40
sustaining that judgment, unless the offender can demonstrate that	41
extraordinary circumstances prevented the offender from having a	42
full and fair opportunity to litigate the issue in the criminal	43
proceeding or other extraordinary circumstances justify affording	44
the offender an opportunity to relitigate the issue. The offender	45
may introduce evidence of the offender's pending appeal of the	46
final judgment of the trial court, if applicable, and the court	47
may consider that evidence in determining the liability of the	48
offender.	49

(B)(1) As used in division (B) of this section, "tort:

50

(a) "Tort action" means a civil action for damages for	51
injury, death, or loss to person or property other than a civil	52
action for damages for a breach of contract or another agreement	53
between persons. "Tort action" includes, but is not limited to, a	54
product liability claim, as defined in section 2307.71 of the	55
Revised Code, and an asbestos claim, as defined in section	56
2307.91 of the Revised Code, an action for wrongful death under	57
Chapter 2125. of the Revised Code, and an action based on	58
derivative claims for relief.	59

(b) "Residence" has the same meaning as in section 2901.05 of	60
the Revised Code.	61

(2) Recovery on a claim for relief in a tort action is barred	62
to any person or the person's legal representative if theany of	63
the following apply:	64

(a) The person has been convicted of or has pleaded guilty to	65
a felony, or to a misdemeanor that is an offense of violence,	66
arising out of criminal conduct that was a proximate cause of the	67
injury or loss for which relief is claimed in the tort action.	68

(3) Division(b) The person engaged in conduct that, if	69
prosecuted, would constitute a felony, a misdemeanor that is an	70
offense of violence, an attempt to commit a felony, or an attempt	71
to commit a misdemeanor that is an offense of violence and that	72
conduct was a proximate cause of the injury or loss for which	73
relief is claimed in the tort action, regardless of whether the	74
person has been convicted of or pleaded guilty to or has been	75
charged with committing the felony, the misdemeanor, or the	76
attempt to commit the felony or misdemeanor.	77

(c) The person suffered the injury or loss for which relief	78
is claimed in the tort action as a proximate result of the victim	79
of conduct that, if prosecuted, would constitute a felony, a	80
misdemeanor that is an offense of violence, an attempt to commit	81
a felony, or an attempt to commit a misdemeanor that is an offense	82
of violence acting against the person in self-defense, defense	83
of another, or defense of the victim's residence, regardless of	84
whether the person has been convicted of or pleaded guilty to or	85
has been charged with committing the felony, the misdemeanor, or	86
the attempt to commit the felony or misdemeanor. Division	87
(B)(2)(c) of this section does not apply if the person who	88
suffered the injury or loss, at the time of the victim's act of	89
self-defense, defense of another, or defense of residence, was an	90
innocent bystander who had no connection with the underlying	91
conduct that prompted the victim's exercise of self-defense,	92
defense of another, or defense of residence.	93

(3) Recovery against a victim of conduct that, if prosecuted,	94
would constitute a felony, a misdemeanor that is an offense of	95
violence, an attempt to commit a felony, or an attempt to commit a	96
misdemeanor that is an offense of violence, on a claim for relief	97
in a tort action is barred to any person or the person's legal	98
representative if conduct the person engaged in against that	99
person was a proximate cause of the injury or loss for which	100
relief is claimed in the tort action and that conduct, if	101
prosecuted, would constitute a felony, a misdemeanor that is an	102
offense of violence, an attempt to commit a felony, or an attempt	103
to commit a misdemeanor that is an offense of violence, regardless	104
of whether the person has been convicted of or pleaded guilty to	105
or has been charged with committing the felony, the misdemeanor,	106
or the attempt to commit the felony or misdemeanor.	107

(4) Divisions (B)(1) to (3) of this section doesdo not	108
apply to civil claims based upon alleged intentionally tortious	109
conduct, alleged violations of the United States Constitution, or	110
alleged violations of statutes of the United States pertaining to	111
civil rights. For purposes of division (B)(4) of this section, a	112
person's act of self-defense, defense of another, or defense of	113
the person's residence does not constitute intentionally tortious	114
conduct.	115

Sec. 2307.601. (A) As used in this section:

116

(1) "Residence" and "vehicle" have the same meanings as in	117
section 2901.05 of the Revised Code.	118

(2) "Tort action" has the same meaning as in section 2307.60	119
of the Revised Code.	120

(B) For purposes of determining the potential liability of a	121
person in a tort action related to the person's use of force	122
alleged to be in self-defense, defense of another, or defense of	123
the person's residence, if the person lawfully is in that person's	124
residence, the person has no duty to retreat before using force in	125
self-defense, defense of another, or defense of that person's	126
residence, and, if the person lawfully is an occupant of that	127
person's vehicle or lawfully is an occupant in a vehicle owned by	128
an immediate family member of the person, the person has no duty	129
to retreat before using force in self-defense or defense of	130
another.	131

Sec. 2901.05. (A) Every person accused of an offense is	132
presumed innocent until proven guilty beyond a reasonable doubt,	133
and the burden of proof for all elements of the offense is upon	134
the prosecution. The burden of going forward with the evidence of	135
an affirmative defense, and the burden of proof, by a	136
preponderance of the evidence, for an affirmative defense, is upon	137
the accused.	138

(B)(1) Subject to division (B)(2) of this section, a person	139
is presumed to have acted in self defense or defense of another	140
when using defensive force that is intended or likely to cause	141
death or great bodily harm to another if the person against whom	142
the defensive force is used is in the process of unlawfully and	143
without privilege to do so entering, or has unlawfully and without	144
privilege to do so entered, the residence or vehicle occupied by	145
the person using the defensive force.	146

(2)(a) The presumption set forth in division (B)(1) of this	147
section does not apply if the person against whom the defensive	148
force is used has a right to be in, or is a lawful resident of,	149
the residence or vehicle.	150

(b) The presumption set forth in division (B)(1) of this	151
section does not apply if the person who uses the defensive force	152
uses it while in a residence and the person is unlawfully, and	153
without privilege to be, in that residence.	154

(3) The presumption set forth in division (B)(1) of this	155
section is a rebuttable presumption and may be rebutted by a	156
preponderance of the evidence.	157

(C) As part of its charge to the jury in a criminal case, the	158
court shall read the definitions of "reasonable doubt" and "proof	159
beyond a reasonable doubt," contained in division (D) of this	160
section.	161

(C)(D) As used in this section, an:

162

(1) An "affirmative defense" is either of the following:

163

(1)(a) A defense expressly designated as affirmative;

164

(2)(b) A defense involving an excuse or justification	165
peculiarly within the knowledge of the accused, on which hethe	166
accused can fairly be required to adduce supporting evidence.	167

(2) "Dwelling" means a building or conveyance of any kind	168
that has a roof over it and that is designed to be occupied by	169
people lodging in the building or conveyance at night, regardless	170
of whether the building or conveyance is temporary or permanent or	171
is mobile or immobile. As used in this division, a building or	172
conveyance includes, but is not limited to, an attached porch, and	173
a building or conveyance with a roof over it includes, but is not	174
limited to, a tent.	175

(3) "Residence" means a dwelling in which a person resides	176
either temporarily or permanently or is visiting as a guest.	177

(4) "Vehicle" means a conveyance of any kind, whether or not	178
motorized, that is designed to transport people or property.	179

(D)(E) "Reasonable doubt" is present when the jurors, after	180
they have carefully considered and compared all the evidence,	181
cannot say they are firmly convinced of the truth of the charge.	182
It is a doubt based on reason and common sense. Reasonable doubt	183
is not mere possible doubt, because everything relating to human	184
affairs or depending on moral evidence is open to some possible	185
or imaginary doubt. "Proof beyond a reasonable doubt" is proof of	186
such character that an ordinary person would be willing to rely	187
and act upon it in the most important of histhe person's own	188
affairs.	189

Sec. 2901.09. (A) As used in this section, "residence" and	190
"vehicle" have the same meanings as in section 2901.05 of the	191
Revised Code.	192

(B) For purposes of any section of the Revised Code that sets	193
forth a criminal offense, a person who lawfully is in that	194
person's residence has no duty to retreat before using force in	195
self-defense, defense of another, or defense of that person's	196
residence, and a person who lawfully is an occupant of that	197
person's vehicle or who lawfully is an occupant in a vehicle owned	198
by an immediate family member of the person has no duty to retreat	199
before using force in self-defense or defense of another.	200

Sec. 2929.14.  (A) Except as provided in division (C),	201
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (G), or (L) of	202
this section and except in relation to an offense for which a	203
sentence of death or life imprisonment is to be imposed, if the	204
court imposing a sentence upon an offender for a felony elects or	205
is required to impose a prison term on the offender pursuant to	206
this chapter, the court shall impose a definite prison term that	207
shall be one of the following:	208

(1) For a felony of the first degree, the prison term shall	209
be three, four, five, six, seven, eight, nine, or ten years.	210

(2) For a felony of the second degree, the prison term shall	211
be two, three, four, five, six, seven, or eight years.	212

(3) For a felony of the third degree, the prison term shall	213
be one, two, three, four, or five years.	214

(4) For a felony of the fourth degree, the prison term shall	215
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	216
fourteen, fifteen, sixteen, seventeen, or eighteen months.	217

(5) For a felony of the fifth degree, the prison term shall	218
be six, seven, eight, nine, ten, eleven, or twelve months.	219

(B) Except as provided in division (C), (D)(1), (D)(2),	220
(D)(3), (D)(5), (D)(6), (G), or (L) of this section, in section	221
2907.02 or 2907.05 of the Revised Code, or in Chapter 2925. of the	222
Revised Code, if the court imposing a sentence upon an offender	223
for a felony elects or is required to impose a prison term on the	224
offender, the court shall impose the shortest prison term	225
authorized for the offense pursuant to division (A) of this	226
section, unless one or more of the following applies:	227

(1) The offender was serving a prison term at the time of the	228
offense, or the offender previously had served a prison term.	229

(2) The court finds on the record that the shortest prison	230
term will demean the seriousness of the offender's conduct or will	231
not adequately protect the public from future crime by the	232
offender or others.	233

(C) Except as provided in division (G) or (L) of this section	234
or in Chapter 2925. of the Revised Code, the court imposing a	235
sentence upon an offender for a felony may impose the longest	236
prison term authorized for the offense pursuant to division (A) of	237
this section only upon offenders who committed the worst forms of	238
the offense, upon offenders who pose the greatest likelihood of	239
committing future crimes, upon certain major drug offenders under	240
division (D)(3) of this section, and upon certain repeat violent	241
offenders in accordance with division (D)(2) of this section.	242

(D)(1)(a) Except as provided in division (D)(1)(e) of this	243
section, if an offender who is convicted of or pleads guilty to a	244
felony also is convicted of or pleads guilty to a specification of	245
the type described in section 2941.141, 2941.144, or 2941.145 of	246
the Revised Code, the court shall impose on the offender one of	247
the following prison terms:	248

(i) A prison term of six years if the specification is of the	249
type described in section 2941.144 of the Revised Code that	250
charges the offender with having a firearm that is an automatic	251
firearm or that was equipped with a firearm muffler or silencer on	252
or about the offender's person or under the offender's control	253
while committing the felony;	254

(ii) A prison term of three years if the specification is of	255
the type described in section 2941.145 of the Revised Code that	256
charges the offender with having a firearm on or about the	257
offender's person or under the offender's control while committing	258
the offense and displaying the firearm, brandishing the firearm,	259
indicating that the offender possessed the firearm, or using it to	260
facilitate the offense;	261

(iii) A prison term of one year if the specification is of	262
the type described in section 2941.141 of the Revised Code that	263
charges the offender with having a firearm on or about the	264
offender's person or under the offender's control while committing	265
the felony.	266

(b) If a court imposes a prison term on an offender under	267
division (D)(1)(a) of this section, the prison term shall not be	268
reduced pursuant to section 2929.20, section 2967.193, or any	269
other provision of Chapter 2967. or Chapter 5120. of the Revised	270
Code. A court shall not impose more than one prison term on an	271
offender under division (D)(1)(a) of this section for felonies	272
committed as part of the same act or transactionIf an offender is	273
convicted of or pleads guilty to two or more felonies and also is	274
convicted of or pleads guilty to a specification of the type	275
described under division (D)(1)(a) of this section in connection	276
with two or more of the felonies of which the offender is	277
convicted or to which the offender pleads guilty, the sentencing	278
court shall impose on the offender the prison term specified under	279
division (D)(1)(a) of this section for each of the two most	280
serious specifications of which the offender is convicted or to	281
which the offender pleads guilty and, in its discretion, also may	282
impose on the offender the prison term specified under that	283
division for any or all of the remaining specifications.	284

(c) Except as provided in division (D)(1)(e) of this section,	285
if an offender who is convicted of or pleads guilty to a violation	286
of section 2923.161 of the Revised Code or to a felony that	287
includes, as an essential element, purposely or knowingly causing	288
or attempting to cause the death of or physical harm to another,	289
also is convicted of or pleads guilty to a specification of the	290
type described in section 2941.146 of the Revised Code that	291
charges the offender with committing the offense by discharging a	292
firearm from a motor vehicle other than a manufactured home, the	293
court, after imposing a prison term on the offender for the	294
violation of section 2923.161 of the Revised Code or for the other	295
felony offense under division (A), (D)(2), or (D)(3) of this	296
section, shall impose an additional prison term of five years upon	297
the offender that shall not be reduced pursuant to section	298
2929.20, section 2967.193, or any other provision of Chapter 2967.	299
or Chapter 5120. of the Revised Code. A court shall not impose	300
more than one additional prison term on an offender under division	301
(D)(1)(c) of this section for felonies committed as part of the	302
same act or transaction. If a court imposes an additional prison	303
term on an offender under division (D)(1)(c) of this section	304
relative to an offense, the court also shall impose a prison term	305
under division (D)(1)(a) of this section relative to the same	306
offense, provided the criteria specified in that division for	307
imposing an additional prison term are satisfied relative to the	308
offender and the offense.	309

(d) If an offender who is convicted of or pleads guilty to	310
an offense of violence that is a felony also is convicted of or	311
pleads guilty to a specification of the type described in section	312
2941.1411 of the Revised Code that charges the offender with	313
wearing or carrying body armor while committing the felony offense	314
of violence, the court shall impose on the offender a prison term	315
of two years. The prison term so imposed shall not be reduced	316
pursuant to section 2929.20, section 2967.193, or any other	317
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	318
court shall not impose more than one prison term on an offender	319
under division (D)(1)(d) of this section for felonies committed as	320
part of the same act or transaction. If a court imposes an	321
additional prison term under division (D)(1)(a) or (c) of this	322
section, the court is not precluded from imposing an additional	323
prison term under division (D)(1)(d) of this section.	324

(e) The court shall not impose any of the prison terms	325
described in division (D)(1)(a) of this section or any of the	326
additional prison terms described in division (D)(1)(c) of this	327
section upon an offender for a violation of section 2923.12 or	328
2923.123 of the Revised Code. The court shall not impose any of	329
the prison terms described in division (D)(1)(a) of this section	330
or any of the additional prison terms described in division	331
(D)(1)(c) of this section upon an offender for a violation of	332
section 2923.13 of the Revised Code unless all of the following	333
apply:	334

(i) The offender previously has been convicted of aggravated	335
murder, murder, or any felony of the first or second degree.	336

(ii) Less than five years have passed since the offender was	337
released from prison or post-release control, whichever is later,	338
for the prior offense.	339

(f) If an offender is convicted of or pleads guilty to a	340
felony that includes, as an essential element, causing or	341
attempting to cause the death of or physical harm to another and	342
also is convicted of or pleads guilty to a specification of the	343
type described in section 2941.1412 of the Revised Code that	344
charges the offender with committing the offense by discharging a	345
firearm at a peace officer as defined in section 2935.01 of the	346
Revised Code or a corrections officer, as defined in section	347
2941.1412 of the Revised Code, the court, after imposing a prison	348
term on the offender for the felony offense under division (A),	349
(D)(2), or (D)(3) of this section, shall impose an additional	350
prison term of seven years upon the offender that shall not be	351
reduced pursuant to section 2929.20, section 2967.193, or any	352
other provision of Chapter 2967. or Chapter 5120. of the Revised	353
Code. A court shall not impose more than one additional prison	354
term on an offender under division (D)(1)(f) of this section for	355
felonies committed as part of the same act or transactionIf an	356
offender is convicted of or pleads guilty to two or more felonies	357
that include, as an essential element, causing or attempting to	358
cause the death or physical harm to another and also is convicted	359
of or pleads guilty to a specification of the type described under	360
division (D)(1)(f) of this section in connection with two or more	361
of the felonies of which the offender is convicted or to which the	362
offender pleads guilty, the sentencing court shall impose on the	363
offender the prison term specified under division (D)(1)(f) of	364
this section for each of two of the specifications of which the	365
offender is convicted or to which the offender pleads guilty and,	366
in its discretion, also may impose on the offender the prison term	367
specified under that division for any or all of the remaining	368
specifications. If a court imposes an additional prison term on	369
an offender under division (D)(1)(f) of this section relative to	370
an offense, the court shall not impose a prison term under	371
division (D)(1)(a) or (c) of this section relative to the same	372
offense.	373

(2)(a) If division (D)(2)(b) of this section does not apply,	374
the court may impose on an offender, in addition to the longest	375
prison term authorized or required for the offense, an additional	376
definite prison term of one, two, three, four, five, six, seven,	377
eight, nine, or ten years if all of the following criteria are	378
met:	379

(i) The offender is convicted of or pleads guilty to a	380
specification of the type described in section 2941.149 of the	381
Revised Code that the offender is a repeat violent offender.	382

(ii) The offense of which the offender currently is convicted	383
or to which the offender currently pleads guilty is aggravated	384
murder and the court does not impose a sentence of death or life	385
imprisonment without parole, murder, terrorism and the court does	386
not impose a sentence of life imprisonment without parole, any	387
felony of the first degree that is an offense of violence and the	388
court does not impose a sentence of life imprisonment without	389
parole, or any felony of the second degree that is an offense of	390
violence and the trier of fact finds that the offense involved an	391
attempt to cause or a threat to cause serious physical harm to a	392
person or resulted in serious physical harm to a person.	393

(iii) The court imposes the longest prison term for the	394
offense that is not life imprisonment without parole.	395

(iv) The court finds that the prison terms imposed pursuant	396
to division (D)(2)(a)(iii) of this section and, if applicable,	397
division (D)(1) or (3) of this section are inadequate to punish	398
the offender and protect the public from future crime, because the	399
applicable factors under section 2929.12 of the Revised Code	400
indicating a greater likelihood of recidivism outweigh the	401
applicable factors under that section indicating a lesser	402
likelihood of recidivism.	403

(v) The court finds that the prison terms imposed pursuant to	404
division (D)(2)(a)(iii) of this section and, if applicable,	405
division (D)(1) or (3) of this section are demeaning to the	406
seriousness of the offense, because one or more of the factors	407
under section 2929.12 of the Revised Code indicating that the	408
offender's conduct is more serious than conduct normally	409
constituting the offense are present, and they outweigh the	410
applicable factors under that section indicating that the	411
offender's conduct is less serious than conduct normally	412
constituting the offense.	413

(b) The court shall impose on an offender the longest prison	414
term authorized or required for the offense and shall impose on	415
the offender an additional definite prison term of one, two,	416
three, four, five, six, seven, eight, nine, or ten years if all of	417
the following criteria are met:	418

(i) The offender is convicted of or pleads guilty to a	419
specification of the type described in section 2941.149 of the	420
Revised Code that the offender is a repeat violent offender.	421

(ii) The offender within the preceding twenty years has been	422
convicted of or pleaded guilty to three or more offenses described	423
in division (DD)(1) of section 2929.01 of the Revised Code,	424
including all offenses described in that division of which the	425
offender is convicted or to which the offender pleads guilty in	426
the current prosecution and all offenses described in that	427
division of which the offender previously has been convicted or to	428
which the offender previously pleaded guilty, whether prosecuted	429
together or separately.	430

(iii) The offense or offenses of which the offender currently	431
is convicted or to which the offender currently pleads guilty is	432
aggravated murder and the court does not impose a sentence of	433
death or life imprisonment without parole, murder, terrorism and	434
the court does not impose a sentence of life imprisonment without	435
parole, any felony of the first degree that is an offense of	436
violence and the court does not impose a sentence of life	437
imprisonment without parole, or any felony of the second degree	438
that is an offense of violence and the trier of fact finds that	439
the offense involved an attempt to cause or a threat to cause	440
serious physical harm to a person or resulted in serious physical	441
harm to a person.	442

(c) For purposes of division (D)(2)(b) of this section, two	443
or more offenses committed at the same time or as part of the same	444
act or event shall be considered one offense, and that one offense	445
shall be the offense with the greatest penalty.	446

(d) A sentence imposed under division (D)(2)(a) or (b) of	447
this section shall not be reduced pursuant to section 2929.20 or	448
section 2967.193, or any other provision of Chapter 2967. or	449
Chapter 5120. of the Revised Code. The offender shall serve an	450
additional prison term imposed under this section consecutively to	451
and prior to the prison term imposed for the underlying offense.	452

(e) When imposing a sentence pursuant to division (D)(2)(a)	453
or (b) of this section, the court shall state its findings	454
explaining the imposed sentence.	455

(3)(a) Except when an offender commits a violation of section	456
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	457
the violation is life imprisonment or commits a violation of	458
section 2903.02 of the Revised Code, if the offender commits a	459
violation of section 2925.03 or 2925.11 of the Revised Code and	460
that section classifies the offender as a major drug offender and	461
requires the imposition of a ten-year prison term on the offender,	462
if the offender commits a felony violation of section 2925.02,	463
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	464
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	465
division (C) of section 4729.51, or division (J) of section	466
4729.54 of the Revised Code that includes the sale, offer to sell,	467
or possession of a schedule I or II controlled substance, with the	468
exception of marihuana, and the court imposing sentence upon the	469
offender finds that the offender is guilty of a specification of	470
the type described in section 2941.1410 of the Revised Code	471
charging that the offender is a major drug offender, if the court	472
imposing sentence upon an offender for a felony finds that the	473
offender is guilty of corrupt activity with the most serious	474
offense in the pattern of corrupt activity being a felony of the	475
first degree, or if the offender is guilty of an attempted	476
violation of section 2907.02 of the Revised Code and, had the	477
offender completed the violation of section 2907.02 of the Revised	478
Code that was attempted, the offender would have been subject to a	479
sentence of life imprisonment or life imprisonment without parole	480
for the violation of section 2907.02 of the Revised Code, the	481
court shall impose upon the offender for the felony violation a	482
ten-year prison term that cannot be reduced pursuant to section	483
2929.20 or Chapter 2967. or 5120. of the Revised Code.	484

(b) The court imposing a prison term on an offender under	485
division (D)(3)(a) of this section may impose an additional prison	486
term of one, two, three, four, five, six, seven, eight, nine, or	487
ten years, if the court, with respect to the term imposed under	488
division (D)(3)(a) of this section and, if applicable, divisions	489
(D)(1) and (2) of this section, makes both of the findings set	490
forth in divisions (D)(2)(a)(iv) and (v) of this section.	491

(4) If the offender is being sentenced for a third or fourth	492
degree felony OVI offense under division (G)(2) of section 2929.13	493
of the Revised Code, the sentencing court shall impose upon the	494
offender a mandatory prison term in accordance with that division.	495
In addition to the mandatory prison term, if the offender is being	496
sentenced for a fourth degree felony OVI offense, the court,	497
notwithstanding division (A)(4) of this section, may sentence the	498
offender to a definite prison term of not less than six months and	499
not more than thirty months, and if the offender is being	500
sentenced for a third degree felony OVI offense, the sentencing	501
court may sentence the offender to an additional prison term of	502
any duration specified in division (A)(3) of this section. In	503
either case, the additional prison term imposed shall be reduced	504
by the sixty or one hundred twenty days imposed upon the offender	505
as the mandatory prison term. The total of the additional prison	506
term imposed under division (D)(4) of this section plus the sixty	507
or one hundred twenty days imposed as the mandatory prison term	508
shall equal a definite term in the range of six months to thirty	509
months for a fourth degree felony OVI offense and shall equal one	510
of the authorized prison terms specified in division (A)(3) of	511
this section for a third degree felony OVI offense. If the court	512
imposes an additional prison term under division (D)(4) of this	513
section, the offender shall serve the additional prison term after	514
the offender has served the mandatory prison term required for the	515
offense. In addition to the mandatory prison term or mandatory and	516
additional prison term imposed as described in division (D)(4) of	517
this section, the court also may sentence the offender to a	518
community control sanction under section 2929.16 or 2929.17 of the	519
Revised Code, but the offender shall serve all of the prison terms	520
so imposed prior to serving the community control sanction.	521

If the offender is being sentenced for a fourth degree felony	522
OVI offense under division (G)(1) of section 2929.13 of the	523
Revised Code and the court imposes a mandatory term of local	524
incarceration, the court may impose a prison term as described in	525
division (A)(1) of that section.	526

(5) If an offender is convicted of or pleads guilty to a	527
violation of division (A)(1) or (2) of section 2903.06 of the	528
Revised Code and also is convicted of or pleads guilty to a	529
specification of the type described in section 2941.1414 of the	530
Revised Code that charges that the victim of the offense is a	531
peace officer, as defined in section 2935.01 of the Revised Code,	532
or an investigator of the bureau of criminal identification and	533
investigation, as defined in section 2903.11 of the Revised Code,	534
the court shall impose on the offender a prison term of five	535
years. If a court imposes a prison term on an offender under	536
division (D)(5) of this section, the prison term shall not be	537
reduced pursuant to section 2929.20, section 2967.193, or any	538
other provision of Chapter 2967. or Chapter 5120. of the Revised	539
Code. A court shall not impose more than one prison term on an	540
offender under division (D)(5) of this section for felonies	541
committed as part of the same act.	542

(6) If an offender is convicted of or pleads guilty to a	543
violation of division (A)(1) or (2) of section 2903.06 of the	544
Revised Code and also is convicted of or pleads guilty to a	545
specification of the type described in section 2941.1415 of the	546
Revised Code that charges that the offender previously has been	547
convicted of or pleaded guilty to three or more violations of	548
division (A) or (B) of section 4511.19 of the Revised Code or an	549
equivalent offense, as defined in section 2941.1415 of the Revised	550
Code, or three or more violations of any combination of those	551
divisions and offenses, the court shall impose on the offender a	552
prison term of three years. If a court imposes a prison term on an	553
offender under division (D)(6) of this section, the prison term	554
shall not be reduced pursuant to section 2929.20, section	555
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	556
of the Revised Code. A court shall not impose more than one prison	557
term on an offender under division (D)(6) of this section for	558
felonies committed as part of the same act.	559

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	560
mandatory prison term is imposed upon an offender pursuant to	561
division (D)(1)(a) of this section for having a firearm on or	562
about the offender's person or under the offender's control while	563
committing a felony, if a mandatory prison term is imposed upon an	564
offender pursuant to division (D)(1)(c) of this section for	565
committing a felony specified in that division by discharging a	566
firearm from a motor vehicle, or if both types of mandatory prison	567
terms are imposed, the offender shall serve any mandatory prison	568
term imposed under either division consecutively to any other	569
mandatory prison term imposed under either division or under	570
division (D)(1)(d) of this section, consecutively to and prior to	571
any prison term imposed for the underlying felony pursuant to	572
division (A), (D)(2), or (D)(3) of this section or any other	573
section of the Revised Code, and consecutively to any other prison	574
term or mandatory prison term previously or subsequently imposed	575
upon the offender.	576

(b) If a mandatory prison term is imposed upon an offender	577
pursuant to division (D)(1)(d) of this section for wearing or	578
carrying body armor while committing an offense of violence that	579
is a felony, the offender shall serve the mandatory term so	580
imposed consecutively to any other mandatory prison term imposed	581
under that division or under division (D)(1)(a) or (c) of this	582
section, consecutively to and prior to any prison term imposed for	583
the underlying felony under division (A), (D)(2), or (D)(3) of	584
this section or any other section of the Revised Code, and	585
consecutively to any other prison term or mandatory prison term	586
previously or subsequently imposed upon the offender.	587

(c) If a mandatory prison term is imposed upon an offender	588
pursuant to division (D)(1)(f) of this section, the offender shall	589
serve the mandatory prison term so imposed consecutively to and	590
prior to any prison term imposed for the underlying felony under	591
division (A), (D)(2), or (D)(3) of this section or any other	592
section of the Revised Code, and consecutively to any other prison	593
term or mandatory prison term previously or subsequently imposed	594
upon the offender.	595

(2) If an offender who is an inmate in a jail, prison, or	596
other residential detention facility violates section 2917.02,	597
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	598
who is under detention at a detention facility commits a felony	599
violation of section 2923.131 of the Revised Code, or if an	600
offender who is an inmate in a jail, prison, or other residential	601
detention facility or is under detention at a detention facility	602
commits another felony while the offender is an escapee in	603
violation of section 2921.34 of the Revised Code, any prison term	604
imposed upon the offender for one of those violations shall be	605
served by the offender consecutively to the prison term or term of	606
imprisonment the offender was serving when the offender committed	607
that offense and to any other prison term previously or	608
subsequently imposed upon the offender.	609

(3) If a prison term is imposed for a violation of division	610
(B) of section 2911.01 of the Revised Code, a violation of	611
division (A) of section 2913.02 of the Revised Code in which the	612
stolen property is a firearm or dangerous ordnance, or a felony	613
violation of division (B) of section 2921.331 of the Revised Code,	614
the offender shall serve that prison term consecutively to any	615
other prison term or mandatory prison term previously or	616
subsequently imposed upon the offender.	617

(4) If multiple prison terms are imposed on an offender for	618
convictions of multiple offenses, the court may require the	619
offender to serve the prison terms consecutively if the court	620
finds that the consecutive service is necessary to protect the	621
public from future crime or to punish the offender and that	622
consecutive sentences are not disproportionate to the seriousness	623
of the offender's conduct and to the danger the offender poses to	624
the public, and if the court also finds any of the following:	625

(a) The offender committed one or more of the multiple	626
offenses while the offender was awaiting trial or sentencing, was	627
under a sanction imposed pursuant to section 2929.16, 2929.17, or	628
2929.18 of the Revised Code, or was under post-release control for	629
a prior offense.	630

(b) At least two of the multiple offenses were committed as	631
part of one or more courses of conduct, and the harm caused by two	632
or more of the multiple offenses so committed was so great or	633
unusual that no single prison term for any of the offenses	634
committed as part of any of the courses of conduct adequately	635
reflects the seriousness of the offender's conduct.	636

(c) The offender's history of criminal conduct demonstrates	637
that consecutive sentences are necessary to protect the public	638
from future crime by the offender.	639

(5) If a mandatory prison term is imposed upon an offender	640
pursuant to division (D)(5) or (6) of this section, the offender	641
shall serve the mandatory prison term consecutively to and prior	642
to any prison term imposed for the underlying violation of	643
division (A)(1) or (2) of section 2903.06 of the Revised Code	644
pursuant to division (A) of this section or section 2929.142 of	645
the Revised Code. If a mandatory prison term is imposed upon an	646
offender pursuant to division (D)(5) of this section, and if a	647
mandatory prison term also is imposed upon the offender pursuant	648
to division (D)(6) of this section in relation to the same	649
violation, the offender shall serve the mandatory prison term	650
imposed pursuant to division (D)(5) of this section consecutively	651
to and prior to the mandatory prison term imposed pursuant to	652
division (D)(6) of this section and consecutively to and prior to	653
any prison term imposed for the underlying violation of division	654
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	655
division (A) of this section or section 2929.142 of the Revised	656
Code.	657

(6) When consecutive prison terms are imposed pursuant to	658
division (E)(1), (2), (3), (4), or (5) of this section, the term	659
to be served is the aggregate of all of the terms so imposed.	660

(F)(1) If a court imposes a prison term for a felony of the	661
first degree, for a felony of the second degree, for a felony sex	662
offense, or for a felony of the third degree that is not a felony	663
sex offense and in the commission of which the offender caused or	664
threatened to cause physical harm to a person, it shall include in	665
the sentence a requirement that the offender be subject to a	666
period of post-release control after the offender's release from	667
imprisonment, in accordance with that division. If a court imposes	668
a sentence including a prison term of a type described in this	669
division on or after July 11, 2006, the failure of a court to	670
include a post-release control requirement in the sentence	671
pursuant to this division does not negate, limit, or otherwise	672
affect the mandatory period of post-release control that is	673
required for the offender under division (B) of section 2967.28 of	674
the Revised Code. Section 2929.191 of the Revised Code applies if,	675
prior to July 11, 2006, a court imposed a sentence including a	676
prison term of a type described in this division and failed to	677
include in the sentence pursuant to this division a statement	678
regarding post-release control.	679

(2) If a court imposes a prison term for a felony of the	680
third, fourth, or fifth degree that is not subject to division	681
(F)(1) of this section, it shall include in the sentence a	682
requirement that the offender be subject to a period of	683
post-release control after the offender's release from	684
imprisonment, in accordance with that division, if the parole	685
board determines that a period of post-release control is	686
necessary. Section 2929.191 of the Revised Code applies if, prior	687
to July 11, 2006, a court imposed a sentence including a prison	688
term of a type described in this division and failed to include in	689
the sentence pursuant to this division a statement regarding	690
post-release control.	691

(G) The court shall impose sentence upon the offender in	692
accordance with section 2971.03 of the Revised Code, and Chapter	693
2971. of the Revised Code applies regarding the prison term or	694
term of life imprisonment without parole imposed upon the offender	695
and the service of that term of imprisonment if any of the	696
following apply:	697

(1) A person is convicted of or pleads guilty to a violent	698
sex offense or a designated homicide, assault, or kidnapping	699
offense, and, in relation to that offense, the offender is	700
adjudicated a sexually violent predator.	701

(2) A person is convicted of or pleads guilty to a violation	702
of division (A)(1)(b) of section 2907.02 of the Revised Code	703
committed on or after January 2, 2007, and either the court does	704
not impose a sentence of life without parole when authorized	705
pursuant to division (B) of section 2907.02 of the Revised Code,	706
or division (B) of section 2907.02 of the Revised Code provides	707
that the court shall not sentence the offender pursuant to	708
section 2971.03 of the Revised Code.	709

(3) A person is convicted of or pleads guilty to attempted	710
rape committed on or after January 2, 2007, and a specification	711
of the type described in section 2941.1418, 2941.1419, or	712
2941.1420 of the Revised Code.	713

(4) A person is convicted of or pleads guilty to a violation	714
of section 2905.01 of the Revised Code committed on or after the	715
effective date of this amendmentJanuary 1, 2008, and that section	716
requires the court to sentence the offender pursuant to section	717
2971.03 of the Revised Code.	718

(5) A person is convicted of or pleads guilty to aggravated	719
murder committed on or after the effective date of this amendment	720
January 1, 2008, and division (A)(2)(b)(ii) of section 2929.022,	721
division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b),	722
(D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or division (A)	723
or (B) of section 2929.06 of the Revised Code requires the court	724
to sentence the offender pursuant to division (B)(3) of section	725
2971.03 of the Revised Code.	726

(6) A person is convicted of or pleads guilty to murder	727
committed on or after the effective date of this amendmentJanuary	728
1, 2008, and division (B)(2) of section 2929.02 of the Revised	729
Code requires the court to sentence the offender pursuant to	730
section 2971.03 of the Revised Code.	731

(H) If a person who has been convicted of or pleaded guilty	732
to a felony is sentenced to a prison term or term of imprisonment	733
under this section, sections 2929.02 to 2929.06 of the Revised	734
Code, section 2929.142 of the Revised Code, section 2971.03 of the	735
Revised Code, or any other provision of law, section 5120.163 of	736
the Revised Code applies regarding the person while the person is	737
confined in a state correctional institution.	738

(I) If an offender who is convicted of or pleads guilty to a	739
felony that is an offense of violence also is convicted of or	740
pleads guilty to a specification of the type described in section	741
2941.142 of the Revised Code that charges the offender with having	742
committed the felony while participating in a criminal gang, the	743
court shall impose upon the offender an additional prison term of	744
one, two, or three years.	745

(J) If an offender who is convicted of or pleads guilty to	746
aggravated murder, murder, or a felony of the first, second, or	747
third degree that is an offense of violence also is convicted of	748
or pleads guilty to a specification of the type described in	749
section 2941.143 of the Revised Code that charges the offender	750
with having committed the offense in a school safety zone or	751
towards a person in a school safety zone, the court shall impose	752
upon the offender an additional prison term of two years. The	753
offender shall serve the additional two years consecutively to and	754
prior to the prison term imposed for the underlying offense.	755

(K) At the time of sentencing, the court may recommend the	756
offender for placement in a program of shock incarceration under	757
section 5120.031 of the Revised Code or for placement in an	758
intensive program prison under section 5120.032 of the Revised	759
Code, disapprove placement of the offender in a program of shock	760
incarceration or an intensive program prison of that nature, or	761
make no recommendation on placement of the offender. In no case	762
shall the department of rehabilitation and correction place the	763
offender in a program or prison of that nature unless the	764
department determines as specified in section 5120.031 or 5120.032	765
of the Revised Code, whichever is applicable, that the offender is	766
eligible for the placement.	767

If the court disapproves placement of the offender in a	768
program or prison of that nature, the department of rehabilitation	769
and correction shall not place the offender in any program of	770
shock incarceration or intensive program prison.	771

If the court recommends placement of the offender in a	772
program of shock incarceration or in an intensive program prison,	773
and if the offender is subsequently placed in the recommended	774
program or prison, the department shall notify the court of the	775
placement and shall include with the notice a brief description of	776
the placement.	777

If the court recommends placement of the offender in a	778
program of shock incarceration or in an intensive program prison	779
and the department does not subsequently place the offender in the	780
recommended program or prison, the department shall send a notice	781
to the court indicating why the offender was not placed in the	782
recommended program or prison.	783

If the court does not make a recommendation under this	784
division with respect to an offender and if the department	785
determines as specified in section 5120.031 or 5120.032 of the	786
Revised Code, whichever is applicable, that the offender is	787
eligible for placement in a program or prison of that nature, the	788
department shall screen the offender and determine if there is an	789
available program of shock incarceration or an intensive program	790
prison for which the offender is suited. If there is an available	791
program of shock incarceration or an intensive program prison for	792
which the offender is suited, the department shall notify the	793
court of the proposed placement of the offender as specified in	794
section 5120.031 or 5120.032 of the Revised Code and shall include	795
with the notice a brief description of the placement. The court	796
shall have ten days from receipt of the notice to disapprove the	797
placement.	798

(L) If a person is convicted of or pleads guilty to	799
aggravated vehicular homicide in violation of division (A)(1) of	800
section 2903.06 of the Revised Code and division (B)(2)(c) of that	801
section applies, the person shall be sentenced pursuant to section	802
2929.142 of the Revised Code.	803

Section 2. That existing sections 2307.60, 2901.05, and	804
2929.14 of the Revised Code are hereby repealed.	805