As Passed by the House

127th General Assembly Regular Session 2007-2008

Sub. S. B. No. 220

Senator Schuring 

Cosponsors: Senators Austria, Harris, Padgett, Schaffer 

Representatives Dyer, Blessing, Book, Boyd, Brady, Brown, Chandler, DeGeeter, Dolan, Domenick, Evans, Flowers, Foley, Gibbs, Goyal, Harwood, Hughes, Jones, Letson, Luckie, Mandel, McGregor, J., Nero, Patton, Raussen, Schneider, Sears, Setzer, Slesnick, Uecker, Williams, B. 

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A BILL

To amend sections 1545.09, 1545.99, 2929.01, 2929.14,

1

and 2929.24 and to enact section 2941.1421 of the

2

Revised Code to provide increased penalties for

3

violations of a bylaw or rule adopted by a board

4

of park commissioners of a park district in a

5

county, to permit a board of park commissioners

6

to adopt penalties for any such violation

7

provided the penalties do not exceed in severity

8

the penalty designated by state law for a similar

9

violation under state law, to authorize a court

10

to impose an additional jail or prison term on an

11

offender convicted of any one of certain

12

prostitution, procuring, and soliciting offenses

13

and of a specification that the offense was

14

committed in proximity to a school, and to

15

authorize the court to require the offender in

16

lieu of the additional prison or jail term to wear

17

a real-time processing, continual tracking

18

electronic monitoring device for a period of time

19

that the additional term could have been imposed.

20

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

Section 1. That sections 1545.09, 1545.99, 2929.01, 2929.14,	21
and 2929.24 be amended and section 2941.1421 of the Revised Code	22
be enacted to read as follows:	23

Sec. 1545.09. (A) The board of park commissioners shall	24
adopt such bylaws and rules as the board deemsconsiders advisable	25
for the preservation of good order within and adjacent to parks	26
and reservations of land, and for the protection and preservation	27
of the parks, parkways, and other reservations of land under its	28
jurisdiction and control and of property and natural life therein.	29
The board shall also adopt bylaws or rules establishing a	30
procedure for contracting for professional, technical, consulting,	31
and other special services. Any competitive bidding procedures of	32
the board do not apply to the purchase of benefits for park	33
district officers or employees when such benefits are provided	34
through a health and welfare trust fund administered through or in	35
conjunction with a collective bargaining representative of the	36
park district employees, as authorized in section 1545.071 of the	37
Revised Code. The bylaws and rules shall be published as provided	38
in case of ordinances of municipal corporations before taking	39
effect.	40

(B)(1) As used in division (B)(2) of this section, "similar	41
violation under state law" means a violation of any section of the	42
Revised Code, other than division (C) of this section, that is	43
similar to a violation of a bylaw or rule adopted under division	44
(A) of this section.	45

(2) The board of park commissioners may adopt by bylaw a	46
penalty for a violation of any bylaw or rule adopted under	47
division (A) of this section, and any penalty so adopted shall not	48
exceed in severity whichever of the following is applicable:	49

(a) The penalty designated under the Revised Code for a	50
violation of the state law that is similar to the bylaw or rule	51
for which the board adopted the penalty;	52

(b) For a violation of a bylaw or rule adopted under division	53
(A) of this section for which the similar violation under state	54
law does not bear a penalty or for which there is no similar	55
violation under state law, a fine of not more than one hundred	56
fifty dollars for a first offense and not more than one thousand	57
dollars for each subsequent offense.	58

(3) Any bylaw adopted under division (B)(2) of this section	59
shall be published as provided in case of ordinances of municipal	60
corporations before taking effect.	61

(C) No person shall violate any of such bylaws or rules	62
adopted under division (A) of this section. All fines collected	63
for any violation of this section shall be paid into the treasury	64
of such park board.	65

Sec. 1545.99. (A) Whoever violates division (C) of section	66
1545.09 of the Revised Code shall be punished as follows:	67

(A) Except as otherwise provided in division (B) of this	68
section, the offender shall be fined not more than one hundred	69
fifty dollars for a first offense;and not more than one thousand	70
dollars for each subsequent offense such person shall be fined not	71
more than five hundred dollars.	72

(B) If the board of park commissioners that adopted the bylaw	73
or rule that the offender violated and that was the basis of the	74
offender's violation of division (C) of section 1545.09 of the	75
Revised Code has adopted a penalty for the violation under	76
division (B) of that section, the offender shall be penalized in	77
accordance with the penalty so adopted for the violation.	78

Sec. 2929.01.  As used in this chapter:

79

(A)(1) "Alternative residential facility" means, subject to	80
division (A)(2) of this section, any facility other than an	81
offender's home or residence in which an offender is assigned to	82
live and that satisfies all of the following criteria:	83

(a) It provides programs through which the offender may seek	84
or maintain employment or may receive education, training,	85
treatment, or habilitation.	86

(b) It has received the appropriate license or certificate	87
for any specialized education, training, treatment, habilitation,	88
or other service that it provides from the government agency that	89
is responsible for licensing or certifying that type of education,	90
training, treatment, habilitation, or service.	91

(2) "Alternative residential facility" does not include a	92
community-based correctional facility, jail, halfway house, or	93
prison.	94

(B) "Bad time" means the time by which the parole board	95
administratively extends an offender's stated prison term or terms	96
pursuant to section 2967.11 of the Revised Code because the parole	97
board finds by clear and convincing evidence that the offender,	98
while serving the prison term or terms, committed an act that is a	99
criminal offense under the law of this state or the United States,	100
whether or not the offender is prosecuted for the commission of	101
that act.	102

(C) "Basic probation supervision" means a requirement that	103
the offender maintain contact with a person appointed to supervise	104
the offender in accordance with sanctions imposed by the court or	105
imposed by the parole board pursuant to section 2967.28 of the	106
Revised Code. "Basic probation supervision" includes basic parole	107
supervision and basic post-release control supervision.	108

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	109
"unit dose" have the same meanings as in section 2925.01 of the	110
Revised Code.	111

(E) "Community-based correctional facility" means a	112
community-based correctional facility and program or district	113
community-based correctional facility and program developed	114
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	115

(F) "Community control sanction" means a sanction that is not	116
a prison term and that is described in section 2929.15, 2929.16,	117
2929.17, or 2929.18 of the Revised Code or a sanction that is not	118
a jail term and that is described in section 2929.26, 2929.27, or	119
2929.28 of the Revised Code. "Community control sanction"	120
includes probation if the sentence involved was imposed for a	121
felony that was committed prior to July 1, 1996, or if the	122
sentence involved was imposed for a misdemeanor that was committed	123
prior to January 1, 2004.	124

(G) "Controlled substance," "marihuana," "schedule I," and	125
"schedule II" have the same meanings as in section 3719.01 of the	126
Revised Code.	127

(H) "Curfew" means a requirement that an offender during a	128
specified period of time be at a designated place.	129

(I) "Day reporting" means a sanction pursuant to which an	130
offender is required each day to report to and leave a center or	131
other approved reporting location at specified times in order to	132
participate in work, education or training, treatment, and other	133
approved programs at the center or outside the center.	134

(J) "Deadly weapon" has the same meaning as in section	135
2923.11 of the Revised Code.	136

(K) "Drug and alcohol use monitoring" means a program under	137
which an offender agrees to submit to random chemical analysis of	138
the offender's blood, breath, or urine to determine whether the	139
offender has ingested any alcohol or other drugs.	140

(L) "Drug treatment program" means any program under which a	141
person undergoes assessment and treatment designed to reduce or	142
completely eliminate the person's physical or emotional reliance	143
upon alcohol, another drug, or alcohol and another drug and under	144
which the person may be required to receive assessment and	145
treatment on an outpatient basis or may be required to reside at a	146
facility other than the person's home or residence while	147
undergoing assessment and treatment.	148

(M) "Economic loss" means any economic detriment suffered by	149
a victim as a direct and proximate result of the commission of an	150
offense and includes any loss of income due to lost time at work	151
because of any injury caused to the victim, and any property loss,	152
medical cost, or funeral expense incurred as a result of the	153
commission of the offense. "Economic loss" does not include	154
non-economic loss or any punitive or exemplary damages.	155

(N) "Education or training" includes study at, or in	156
conjunction with a program offered by, a university, college, or	157
technical college or vocational study and also includes the	158
completion of primary school, secondary school, and literacy	159
curricula or their equivalent.	160

(O) "Firearm" has the same meaning as in section 2923.11 of	161
the Revised Code.	162

(P) "Halfway house" means a facility licensed by the division	163
of parole and community services of the department of	164
rehabilitation and correction pursuant to section 2967.14 of the	165
Revised Code as a suitable facility for the care and treatment of	166
adult offenders.	167

(Q) "House arrest" means a period of confinement of an	168
offender that is in the offender's home or in other premises	169
specified by the sentencing court or by the parole board pursuant	170
to section 2967.28 of the Revised Code and during which all of the	171
following apply:	172

(1) The offender is required to remain in the offender's home	173
or other specified premises for the specified period of	174
confinement, except for periods of time during which the offender	175
is at the offender's place of employment or at other premises as	176
authorized by the sentencing court or by the parole board.	177

(2) The offender is required to report periodically to a	178
person designated by the court or parole board.	179

(3) The offender is subject to any other restrictions and	180
requirements that may be imposed by the sentencing court or by the	181
parole board.	182

(R) "Intensive probation supervision" means a requirement	183
that an offender maintain frequent contact with a person appointed	184
by the court, or by the parole board pursuant to section 2967.28	185
of the Revised Code, to supervise the offender while the offender	186
is seeking or maintaining necessary employment and participating	187
in training, education, and treatment programs as required in the	188
court's or parole board's order. "Intensive probation supervision"	189
includes intensive parole supervision and intensive post-release	190
control supervision.	191

(S) "Jail" means a jail, workhouse, minimum security jail, or	192
other residential facility used for the confinement of alleged or	193
convicted offenders that is operated by a political subdivision or	194
a combination of political subdivisions of this state.	195

(T) "Jail term" means the term in a jail that a sentencing	196
court imposes or is authorized to impose pursuant to section	197
2929.24 or 2929.25 of the Revised Code or pursuant to any other	198
provision of the Revised Code that authorizes a term in a jail for	199
a misdemeanor conviction.	200

(U) "Mandatory jail term" means the term in a jail that a	201
sentencing court is required to impose pursuant to division (G) of	202
section 1547.99 of the Revised Code, division (E) of section	203
2903.06 or division (D) of section 2903.08 of the Revised Code,	204
division (E) of section 2929.24 of the Revised Code, division (B)	205
of section 4510.14 of the Revised Code, or division (G) of section	206
4511.19 of the Revised Code or pursuant to any other provision of	207
the Revised Code that requires a term in a jail for a misdemeanor	208
conviction.	209

(V) "Delinquent child" has the same meaning as in section	210
2152.02 of the Revised Code.	211

(W) "License violation report" means a report that is made by	212
a sentencing court, or by the parole board pursuant to section	213
2967.28 of the Revised Code, to the regulatory or licensing board	214
or agency that issued an offender a professional license or a	215
license or permit to do business in this state and that specifies	216
that the offender has been convicted of or pleaded guilty to an	217
offense that may violate the conditions under which the offender's	218
professional license or license or permit to do business in this	219
state was granted or an offense for which the offender's	220
professional license or license or permit to do business in this	221
state may be revoked or suspended.	222

(X) "Major drug offender" means an offender who is convicted	223
of or pleads guilty to the possession of, sale of, or offer to	224
sell any drug, compound, mixture, preparation, or substance that	225
consists of or contains at least one thousand grams of hashish; at	226
least one hundred grams of crack cocaine; at least one thousand	227
grams of cocaine that is not crack cocaine; at least two thousand	228
five hundred unit doses or two hundred fifty grams of heroin; at	229
least five thousand unit doses of L.S.D. or five hundred grams of	230
L.S.D. in a liquid concentrate, liquid extract, or liquid	231
distillate form; or at least one hundred times the amount of any	232
other schedule I or II controlled substance other than marihuana	233
that is necessary to commit a felony of the third degree pursuant	234
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	235
Code that is based on the possession of, sale of, or offer to sell	236
the controlled substance.	237

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

238

(1) Subject to division (Y)(2) of this section, the term in	239
prison that must be imposed for the offenses or circumstances set	240
forth in divisions (F)(1) to (8) or (F)(12) to (14) of section	241
2929.13 and division (D) of section 2929.14 of the Revised Code.	242
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	243
and 2925.11 of the Revised Code, unless the maximum or another	244
specific term is required under section 2929.14 or 2929.142 of the	245
Revised Code, a mandatory prison term described in this division	246
may be any prison term authorized for the level of offense.	247

(2) The term of sixty or one hundred twenty days in prison	248
that a sentencing court is required to impose for a third or	249
fourth degree felony OVI offense pursuant to division (G)(2) of	250
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	251
of the Revised Code or the term of one, two, three, four, or five	252
years in prison that a sentencing court is required to impose	253
pursuant to division (G)(2) of section 2929.13 of the Revised	254
Code.	255

(3) The term in prison imposed pursuant to division (A) of	256
section 2971.03 of the Revised Code for the offenses and in the	257
circumstances described in division (F)(11) of section 2929.13 of	258
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	259
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	260
2971.03 of the Revised Code and that term as modified or	261
terminated pursuant to section 2971.05 of the Revised Code.	262

(Z) "Monitored time" means a period of time during which an	263
offender continues to be under the control of the sentencing court	264
or parole board, subject to no conditions other than leading a	265
law-abiding life.	266

(AA) "Offender" means a person who, in this state, is	267
convicted of or pleads guilty to a felony or a misdemeanor.	268

(BB) "Prison" means a residential facility used for the	269
confinement of convicted felony offenders that is under the	270
control of the department of rehabilitation and correction but	271
does not include a violation sanction center operated under	272
authority of section 2967.141 of the Revised Code.	273

(CC) "Prison term" includes any of the following sanctions	274
for an offender:	275

(1) A stated prison term;

276

(2) A term in a prison shortened by, or with the approval of,	277
the sentencing court pursuant to section 2929.20, 2967.26,	278
5120.031, 5120.032, or 5120.073 of the Revised Code;	279

(3) A term in prison extended by bad time imposed pursuant to	280
section 2967.11 of the Revised Code or imposed for a violation of	281
post-release control pursuant to section 2967.28 of the Revised	282
Code.	283

(DD) "Repeat violent offender" means a person about whom both	284
of the following apply:	285

(1) The person is being sentenced for committing or for	286
complicity in committing any of the following:	287

(a) Aggravated murder, murder, any felony of the first or	288
second degree that is an offense of violence, or an attempt to	289
commit any of these offenses if the attempt is a felony of the	290
first or second degree;	291

(b) An offense under an existing or former law of this state,	292
another state, or the United States that is or was substantially	293
equivalent to an offense described in division (DD)(1)(a) of this	294
section.	295

(2) The person previously was convicted of or pleaded guilty	296
to an offense described in division (DD)(1)(a) or (b) of this	297
section.	298

(EE) "Sanction" means any penalty imposed upon an offender	299
who is convicted of or pleads guilty to an offense, as punishment	300
for the offense. "Sanction" includes any sanction imposed pursuant	301
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	302
2929.28 of the Revised Code.	303

(FF) "Sentence" means the sanction or combination of	304
sanctions imposed by the sentencing court on an offender who is	305
convicted of or pleads guilty to an offense.	306

(GG) "Stated prison term" means the prison term, mandatory	307
prison term, or combination of all prison terms and mandatory	308
prison terms imposed by the sentencing court pursuant to section	309
2929.14, 2929.142, or 2971.03 of the Revised Code. "Stated prison	310
term" includes any credit received by the offender for time spent	311
in jail awaiting trial, sentencing, or transfer to prison for the	312
offense and any time spent under house arrest or house arrest with	313
electronic monitoring imposed after earning credits pursuant to	314
section 2967.193 of the Revised Code.	315

(HH) "Victim-offender mediation" means a reconciliation or	316
mediation program that involves an offender and the victim of the	317
offense committed by the offender and that includes a meeting in	318
which the offender and the victim may discuss the offense, discuss	319
restitution, and consider other sanctions for the offense.	320

(II) "Fourth degree felony OVI offense" means a violation of	321
division (A) of section 4511.19 of the Revised Code that, under	322
division (G) of that section, is a felony of the fourth degree.	323

(JJ) "Mandatory term of local incarceration" means the term	324
of sixty or one hundred twenty days in a jail, a community-based	325
correctional facility, a halfway house, or an alternative	326
residential facility that a sentencing court may impose upon a	327
person who is convicted of or pleads guilty to a fourth degree	328
felony OVI offense pursuant to division (G)(1) of section 2929.13	329
of the Revised Code and division (G)(1)(d) or (e) of section	330
4511.19 of the Revised Code.	331

(KK) "Designated homicide, assault, or kidnapping offense,"	332
"violent sex offense," "sexual motivation specification,"	333
"sexually violent offense," "sexually violent predator," and	334
"sexually violent predator specification" have the same meanings	335
as in section 2971.01 of the Revised Code.	336

(LL) "Sexually oriented offense," "child-victim oriented	337
offense," and "tier III sex offender/child-victim offender," have	338
the same meanings as in section 2950.01 of the Revised Code.	339

(MM) An offense is "committed in the vicinity of a child" if	340
the offender commits the offense within thirty feet of or within	341
the same residential unit as a child who is under eighteen years	342
of age, regardless of whether the offender knows the age of the	343
child or whether the offender knows the offense is being committed	344
within thirty feet of or within the same residential unit as the	345
child and regardless of whether the child actually views the	346
commission of the offense.	347

(NN) "Family or household member" has the same meaning as in	348
section 2919.25 of the Revised Code.	349

(OO) "Motor vehicle" and "manufactured home" have the same	350
meanings as in section 4501.01 of the Revised Code.	351

(PP) "Detention" and "detention facility" have the same	352
meanings as in section 2921.01 of the Revised Code.	353

(QQ) "Third degree felony OVI offense" means a violation of	354
division (A) of section 4511.19 of the Revised Code that, under	355
division (G) of that section, is a felony of the third degree.	356

(RR) "Random drug testing" has the same meaning as in section	357
5120.63 of the Revised Code.	358

(SS) "Felony sex offense" has the same meaning as in section	359
2967.28 of the Revised Code.	360

(TT) "Body armor" has the same meaning as in section	361
2941.1411 of the Revised Code.	362

(UU) "Electronic monitoring" means monitoring through the use	363
of an electronic monitoring device.	364

(VV) "Electronic monitoring device" means any of the	365
following:	366

(1) Any device that can be operated by electrical or battery	367
power and that conforms with all of the following:	368

(a) The device has a transmitter that can be attached to a	369
person, that will transmit a specified signal to a receiver of the	370
type described in division (VV)(1)(b) of this section if the	371
transmitter is removed from the person, turned off, or altered in	372
any manner without prior court approval in relation to electronic	373
monitoring or without prior approval of the department of	374
rehabilitation and correction in relation to the use of an	375
electronic monitoring device for an inmate on transitional control	376
or otherwise is tampered with, that can transmit continuously and	377
periodically a signal to that receiver when the person is within a	378
specified distance from the receiver, and that can transmit an	379
appropriate signal to that receiver if the person to whom it is	380
attached travels a specified distance from that receiver.	381

(b) The device has a receiver that can receive continuously	382
the signals transmitted by a transmitter of the type described in	383
division (VV)(1)(a) of this section, can transmit continuously	384
those signals by telephone to a central monitoring computer of the	385
type described in division (VV)(1)(c) of this section, and can	386
transmit continuously an appropriate signal to that central	387
monitoring computer if the receiver is turned off or altered	388
without prior court approval or otherwise tampered with.	389

(c) The device has a central monitoring computer that can	390
receive continuously the signals transmitted by telephone by a	391
receiver of the type described in division (VV)(1)(b) of this	392
section and can monitor continuously the person to whom an	393
electronic monitoring device of the type described in division	394
(VV)(1)(a) of this section is attached.	395

(2) Any device that is not a device of the type described in	396
division (VV)(1) of this section and that conforms with all of the	397
following:	398

(a) The device includes a transmitter and receiver that can	399
monitor and determine the location of a subject person at any	400
time, or at a designated point in time, through the use of a	401
central monitoring computer or through other electronic means.	402

(b) The device includes a transmitter and receiver that can	403
determine at any time, or at a designated point in time, through	404
the use of a central monitoring computer or other electronic means	405
the fact that the transmitter is turned off or altered in any	406
manner without prior approval of the court in relation to the	407
electronic monitoring or without prior approval of the department	408
of rehabilitation and correction in relation to the use of an	409
electronic monitoring device for an inmate on transitional control	410
or otherwise is tampered with.	411

(3) Any type of technology that can adequately track or	412
determine the location of a subject person at any time and that is	413
approved by the director of rehabilitation and correction,	414
including, but not limited to, any satellite technology, voice	415
tracking system, or retinal scanning system that is so approved.	416

(WW) "Non-economic loss" means nonpecuniary harm suffered by	417
a victim of an offense as a result of or related to the commission	418
of the offense, including, but not limited to, pain and suffering;	419
loss of society, consortium, companionship, care, assistance,	420
attention, protection, advice, guidance, counsel, instruction,	421
training, or education; mental anguish; and any other intangible	422
loss.	423

(XX) "Prosecutor" has the same meaning as in section 2935.01	424
of the Revised Code.	425

(YY) "Continuous alcohol monitoring" means the ability to	426
automatically test and periodically transmit alcohol consumption	427
levels and tamper attempts at least every hour, regardless of the	428
location of the person who is being monitored.	429

(ZZ) A person is "adjudicated a sexually violent predator" if	430
the person is convicted of or pleads guilty to a violent sex	431
offense and also is convicted of or pleads guilty to a sexually	432
violent predator specification that was included in the	433
indictment, count in the indictment, or information charging that	434
violent sex offense or if the person is convicted of or pleads	435
guilty to a designated homicide, assault, or kidnapping offense	436
and also is convicted of or pleads guilty to both a sexual	437
motivation specification and a sexually violent predator	438
specification that were included in the indictment, count in the	439
indictment, or information charging that designated homicide,	440
assault, or kidnapping offense.	441

(AAA) An offense is "committed in proximity to a school" if	442
the offender commits the offense in a school safety zone or within	443
five hundred feet of any school building or the boundaries of any	444
school premises, regardless of whether the offender knows the	445
offense is being committed in a school safety zone or within five	446
hundred feet of any school building or the boundaries of any	447
school premises.	448

Sec. 2929.14.  (A) Except as provided in division (C),	449
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (G), (I), (J), or	450
(L) of this section and except in relation to an offense for	451
which a sentence of death or life imprisonment is to be imposed,	452
if the court imposing a sentence upon an offender for a felony	453
elects or is required to impose a prison term on the offender	454
pursuant to this chapter, the court shall impose a definite	455
prison term that shall be one of the following:	456

(1) For a felony of the first degree, the prison term shall	457
be three, four, five, six, seven, eight, nine, or ten years.	458

(2) For a felony of the second degree, the prison term shall	459
be two, three, four, five, six, seven, or eight years.	460

(3) For a felony of the third degree, the prison term shall	461
be one, two, three, four, or five years.	462

(4) For a felony of the fourth degree, the prison term shall	463
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	464
fourteen, fifteen, sixteen, seventeen, or eighteen months.	465

(5) For a felony of the fifth degree, the prison term shall	466
be six, seven, eight, nine, ten, eleven, or twelve months.	467

(B) Except as provided in division (C), (D)(1), (D)(2),	468
(D)(3), (D)(5), (D)(6), (G), (I), (J), or (L) of this section, in	469
section 2907.02 or 2907.05 of the Revised Code, or in Chapter	470
2925. of the Revised Code, if the court imposing a sentence upon	471
an offender for a felony elects or is required to impose a prison	472
term on the offender, the court shall impose the shortest prison	473
term authorized for the offense pursuant to division (A) of this	474
section, unless one or more of the following applies:	475

(1) The offender was serving a prison term at the time of the	476
offense, or the offender previously had served a prison term.	477

(2) The court finds on the record that the shortest prison	478
term will demean the seriousness of the offender's conduct or will	479
not adequately protect the public from future crime by the	480
offender or others.	481

(C) Except as provided in division (G) or (L) of this section	482
or in Chapter 2925. of the Revised Code, the court imposing a	483
sentence upon an offender for a felony may impose the longest	484
prison term authorized for the offense pursuant to division (A) of	485
this section only upon offenders who committed the worst forms of	486
the offense, upon offenders who pose the greatest likelihood of	487
committing future crimes, upon certain major drug offenders under	488
division (D)(3) of this section, and upon certain repeat violent	489
offenders in accordance with division (D)(2) of this section.	490

(D)(1)(a) Except as provided in division (D)(1)(e) of this	491
section, if an offender who is convicted of or pleads guilty to a	492
felony also is convicted of or pleads guilty to a specification of	493
the type described in section 2941.141, 2941.144, or 2941.145 of	494
the Revised Code, the court shall impose on the offender one of	495
the following prison terms:	496

(i) A prison term of six years if the specification is of the	497
type described in section 2941.144 of the Revised Code that	498
charges the offender with having a firearm that is an automatic	499
firearm or that was equipped with a firearm muffler or silencer on	500
or about the offender's person or under the offender's control	501
while committing the felony;	502

(ii) A prison term of three years if the specification is of	503
the type described in section 2941.145 of the Revised Code that	504
charges the offender with having a firearm on or about the	505
offender's person or under the offender's control while committing	506
the offense and displaying the firearm, brandishing the firearm,	507
indicating that the offender possessed the firearm, or using it to	508
facilitate the offense;	509

(iii) A prison term of one year if the specification is of	510
the type described in section 2941.141 of the Revised Code that	511
charges the offender with having a firearm on or about the	512
offender's person or under the offender's control while committing	513
the felony.	514

(b) If a court imposes a prison term on an offender under	515
division (D)(1)(a) of this section, the prison term shall not be	516
reduced pursuant to section 2929.20, section 2967.193, or any	517
other provision of Chapter 2967. or Chapter 5120. of the Revised	518
Code. A court shall not impose more than one prison term on an	519
offender under division (D)(1)(a) of this section for felonies	520
committed as part of the same act or transaction.	521

(c) Except as provided in division (D)(1)(e) of this section,	522
if an offender who is convicted of or pleads guilty to a violation	523
of section 2923.161 of the Revised Code or to a felony that	524
includes, as an essential element, purposely or knowingly causing	525
or attempting to cause the death of or physical harm to another,	526
also is convicted of or pleads guilty to a specification of the	527
type described in section 2941.146 of the Revised Code that	528
charges the offender with committing the offense by discharging a	529
firearm from a motor vehicle other than a manufactured home, the	530
court, after imposing a prison term on the offender for the	531
violation of section 2923.161 of the Revised Code or for the other	532
felony offense under division (A), (D)(2), or (D)(3) of this	533
section, shall impose an additional prison term of five years upon	534
the offender that shall not be reduced pursuant to section	535
2929.20, section 2967.193, or any other provision of Chapter 2967.	536
or Chapter 5120. of the Revised Code. A court shall not impose	537
more than one additional prison term on an offender under division	538
(D)(1)(c) of this section for felonies committed as part of the	539
same act or transaction. If a court imposes an additional prison	540
term on an offender under division (D)(1)(c) of this section	541
relative to an offense, the court also shall impose a prison term	542
under division (D)(1)(a) of this section relative to the same	543
offense, provided the criteria specified in that division for	544
imposing an additional prison term are satisfied relative to the	545
offender and the offense.	546

(d) If an offender who is convicted of or pleads guilty to	547
an offense of violence that is a felony also is convicted of or	548
pleads guilty to a specification of the type described in section	549
2941.1411 of the Revised Code that charges the offender with	550
wearing or carrying body armor while committing the felony offense	551
of violence, the court shall impose on the offender a prison term	552
of two years. The prison term so imposed shall not be reduced	553
pursuant to section 2929.20, section 2967.193, or any other	554
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	555
court shall not impose more than one prison term on an offender	556
under division (D)(1)(d) of this section for felonies committed as	557
part of the same act or transaction. If a court imposes an	558
additional prison term under division (D)(1)(a) or (c) of this	559
section, the court is not precluded from imposing an additional	560
prison term under division (D)(1)(d) of this section.	561

(e) The court shall not impose any of the prison terms	562
described in division (D)(1)(a) of this section or any of the	563
additional prison terms described in division (D)(1)(c) of this	564
section upon an offender for a violation of section 2923.12 or	565
2923.123 of the Revised Code. The court shall not impose any of	566
the prison terms described in division (D)(1)(a) of this section	567
or any of the additional prison terms described in division	568
(D)(1)(c) of this section upon an offender for a violation of	569
section 2923.13 of the Revised Code unless all of the following	570
apply:	571

(i) The offender previously has been convicted of aggravated	572
murder, murder, or any felony of the first or second degree.	573

(ii) Less than five years have passed since the offender was	574
released from prison or post-release control, whichever is later,	575
for the prior offense.	576

(f) If an offender is convicted of or pleads guilty to a	577
felony that includes, as an essential element, causing or	578
attempting to cause the death of or physical harm to another and	579
also is convicted of or pleads guilty to a specification of the	580
type described in section 2941.1412 of the Revised Code that	581
charges the offender with committing the offense by discharging a	582
firearm at a peace officer as defined in section 2935.01 of the	583
Revised Code or a corrections officer, as defined in section	584
2941.1412 of the Revised Code, the court, after imposing a prison	585
term on the offender for the felony offense under division (A),	586
(D)(2), or (D)(3) of this section, shall impose an additional	587
prison term of seven years upon the offender that shall not be	588
reduced pursuant to section 2929.20, section 2967.193, or any	589
other provision of Chapter 2967. or Chapter 5120. of the Revised	590
Code. A court shall not impose more than one additional prison	591
term on an offender under division (D)(1)(f) of this section for	592
felonies committed as part of the same act or transaction. If a	593
court imposes an additional prison term on an offender under	594
division (D)(1)(f) of this section relative to an offense, the	595
court shall not impose a prison term under division (D)(1)(a) or	596
(c) of this section relative to the same offense.	597

(2)(a) If division (D)(2)(b) of this section does not apply,	598
the court may impose on an offender, in addition to the longest	599
prison term authorized or required for the offense, an additional	600
definite prison term of one, two, three, four, five, six, seven,	601
eight, nine, or ten years if all of the following criteria are	602
met:	603

(i) The offender is convicted of or pleads guilty to a	604
specification of the type described in section 2941.149 of the	605
Revised Code that the offender is a repeat violent offender.	606

(ii) The offense of which the offender currently is convicted	607
or to which the offender currently pleads guilty is aggravated	608
murder and the court does not impose a sentence of death or life	609
imprisonment without parole, murder, terrorism and the court does	610
not impose a sentence of life imprisonment without parole, any	611
felony of the first degree that is an offense of violence and the	612
court does not impose a sentence of life imprisonment without	613
parole, or any felony of the second degree that is an offense of	614
violence and the trier of fact finds that the offense involved an	615
attempt to cause or a threat to cause serious physical harm to a	616
person or resulted in serious physical harm to a person.	617

(iii) The court imposes the longest prison term for the	618
offense that is not life imprisonment without parole.	619

(iv) The court finds that the prison terms imposed pursuant	620
to division (D)(2)(a)(iii) of this section and, if applicable,	621
division (D)(1) or (3) of this section are inadequate to punish	622
the offender and protect the public from future crime, because the	623
applicable factors under section 2929.12 of the Revised Code	624
indicating a greater likelihood of recidivism outweigh the	625
applicable factors under that section indicating a lesser	626
likelihood of recidivism.	627

(v) The court finds that the prison terms imposed pursuant to	628
division (D)(2)(a)(iii) of this section and, if applicable,	629
division (D)(1) or (3) of this section are demeaning to the	630
seriousness of the offense, because one or more of the factors	631
under section 2929.12 of the Revised Code indicating that the	632
offender's conduct is more serious than conduct normally	633
constituting the offense are present, and they outweigh the	634
applicable factors under that section indicating that the	635
offender's conduct is less serious than conduct normally	636
constituting the offense.	637

(b) The court shall impose on an offender the longest prison	638
term authorized or required for the offense and shall impose on	639
the offender an additional definite prison term of one, two,	640
three, four, five, six, seven, eight, nine, or ten years if all of	641
the following criteria are met:	642

(i) The offender is convicted of or pleads guilty to a	643
specification of the type described in section 2941.149 of the	644
Revised Code that the offender is a repeat violent offender.	645

(ii) The offender within the preceding twenty years has been	646
convicted of or pleaded guilty to three or more offenses described	647
in division (DD)(1) of section 2929.01 of the Revised Code,	648
including all offenses described in that division of which the	649
offender is convicted or to which the offender pleads guilty in	650
the current prosecution and all offenses described in that	651
division of which the offender previously has been convicted or to	652
which the offender previously pleaded guilty, whether prosecuted	653
together or separately.	654

(iii) The offense or offenses of which the offender currently	655
is convicted or to which the offender currently pleads guilty is	656
aggravated murder and the court does not impose a sentence of	657
death or life imprisonment without parole, murder, terrorism and	658
the court does not impose a sentence of life imprisonment without	659
parole, any felony of the first degree that is an offense of	660
violence and the court does not impose a sentence of life	661
imprisonment without parole, or any felony of the second degree	662
that is an offense of violence and the trier of fact finds that	663
the offense involved an attempt to cause or a threat to cause	664
serious physical harm to a person or resulted in serious physical	665
harm to a person.	666

(c) For purposes of division (D)(2)(b) of this section, two	667
or more offenses committed at the same time or as part of the same	668
act or event shall be considered one offense, and that one offense	669
shall be the offense with the greatest penalty.	670

(d) A sentence imposed under division (D)(2)(a) or (b) of	671
this section shall not be reduced pursuant to section 2929.20 or	672
section 2967.193, or any other provision of Chapter 2967. or	673
Chapter 5120. of the Revised Code. The offender shall serve an	674
additional prison term imposed under this section consecutively to	675
and prior to the prison term imposed for the underlying offense.	676

(e) When imposing a sentence pursuant to division (D)(2)(a)	677
or (b) of this section, the court shall state its findings	678
explaining the imposed sentence.	679

(3)(a) Except when an offender commits a violation of section	680
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	681
the violation is life imprisonment or commits a violation of	682
section 2903.02 of the Revised Code, if the offender commits a	683
violation of section 2925.03 or 2925.11 of the Revised Code and	684
that section classifies the offender as a major drug offender and	685
requires the imposition of a ten-year prison term on the offender,	686
if the offender commits a felony violation of section 2925.02,	687
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	688
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	689
division (C) of section 4729.51, or division (J) of section	690
4729.54 of the Revised Code that includes the sale, offer to sell,	691
or possession of a schedule I or II controlled substance, with the	692
exception of marihuana, and the court imposing sentence upon the	693
offender finds that the offender is guilty of a specification of	694
the type described in section 2941.1410 of the Revised Code	695
charging that the offender is a major drug offender, if the court	696
imposing sentence upon an offender for a felony finds that the	697
offender is guilty of corrupt activity with the most serious	698
offense in the pattern of corrupt activity being a felony of the	699
first degree, or if the offender is guilty of an attempted	700
violation of section 2907.02 of the Revised Code and, had the	701
offender completed the violation of section 2907.02 of the Revised	702
Code that was attempted, the offender would have been subject to a	703
sentence of life imprisonment or life imprisonment without parole	704
for the violation of section 2907.02 of the Revised Code, the	705
court shall impose upon the offender for the felony violation a	706
ten-year prison term that cannot be reduced pursuant to section	707
2929.20 or Chapter 2967. or 5120. of the Revised Code.	708

(b) The court imposing a prison term on an offender under	709
division (D)(3)(a) of this section may impose an additional prison	710
term of one, two, three, four, five, six, seven, eight, nine, or	711
ten years, if the court, with respect to the term imposed under	712
division (D)(3)(a) of this section and, if applicable, divisions	713
(D)(1) and (2) of this section, makes both of the findings set	714
forth in divisions (D)(2)(a)(iv) and (v) of this section.	715

(4) If the offender is being sentenced for a third or fourth	716
degree felony OVI offense under division (G)(2) of section 2929.13	717
of the Revised Code, the sentencing court shall impose upon the	718
offender a mandatory prison term in accordance with that division.	719
In addition to the mandatory prison term, if the offender is being	720
sentenced for a fourth degree felony OVI offense, the court,	721
notwithstanding division (A)(4) of this section, may sentence the	722
offender to a definite prison term of not less than six months and	723
not more than thirty months, and if the offender is being	724
sentenced for a third degree felony OVI offense, the sentencing	725
court may sentence the offender to an additional prison term of	726
any duration specified in division (A)(3) of this section. In	727
either case, the additional prison term imposed shall be reduced	728
by the sixty or one hundred twenty days imposed upon the offender	729
as the mandatory prison term. The total of the additional prison	730
term imposed under division (D)(4) of this section plus the sixty	731
or one hundred twenty days imposed as the mandatory prison term	732
shall equal a definite term in the range of six months to thirty	733
months for a fourth degree felony OVI offense and shall equal one	734
of the authorized prison terms specified in division (A)(3) of	735
this section for a third degree felony OVI offense. If the court	736
imposes an additional prison term under division (D)(4) of this	737
section, the offender shall serve the additional prison term after	738
the offender has served the mandatory prison term required for the	739
offense. In addition to the mandatory prison term or mandatory and	740
additional prison term imposed as described in division (D)(4) of	741
this section, the court also may sentence the offender to a	742
community control sanction under section 2929.16 or 2929.17 of the	743
Revised Code, but the offender shall serve all of the prison terms	744
so imposed prior to serving the community control sanction.	745

If the offender is being sentenced for a fourth degree felony	746
OVI offense under division (G)(1) of section 2929.13 of the	747
Revised Code and the court imposes a mandatory term of local	748
incarceration, the court may impose a prison term as described in	749
division (A)(1) of that section.	750

(5) If an offender is convicted of or pleads guilty to a	751
violation of division (A)(1) or (2) of section 2903.06 of the	752
Revised Code and also is convicted of or pleads guilty to a	753
specification of the type described in section 2941.1414 of the	754
Revised Code that charges that the victim of the offense is a	755
peace officer, as defined in section 2935.01 of the Revised Code,	756
or an investigator of the bureau of criminal identification and	757
investigation, as defined in section 2903.11 of the Revised Code,	758
the court shall impose on the offender a prison term of five	759
years. If a court imposes a prison term on an offender under	760
division (D)(5) of this section, the prison term shall not be	761
reduced pursuant to section 2929.20, section 2967.193, or any	762
other provision of Chapter 2967. or Chapter 5120. of the Revised	763
Code. A court shall not impose more than one prison term on an	764
offender under division (D)(5) of this section for felonies	765
committed as part of the same act.	766

(6) If an offender is convicted of or pleads guilty to a	767
violation of division (A)(1) or (2) of section 2903.06 of the	768
Revised Code and also is convicted of or pleads guilty to a	769
specification of the type described in section 2941.1415 of the	770
Revised Code that charges that the offender previously has been	771
convicted of or pleaded guilty to three or more violations of	772
division (A) or (B) of section 4511.19 of the Revised Code or an	773
equivalent offense, as defined in section 2941.1415 of the Revised	774
Code, or three or more violations of any combination of those	775
divisions and offenses, the court shall impose on the offender a	776
prison term of three years. If a court imposes a prison term on an	777
offender under division (D)(6) of this section, the prison term	778
shall not be reduced pursuant to section 2929.20, section	779
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	780
of the Revised Code. A court shall not impose more than one prison	781
term on an offender under division (D)(6) of this section for	782
felonies committed as part of the same act.	783

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	784
mandatory prison term is imposed upon an offender pursuant to	785
division (D)(1)(a) of this section for having a firearm on or	786
about the offender's person or under the offender's control while	787
committing a felony, if a mandatory prison term is imposed upon an	788
offender pursuant to division (D)(1)(c) of this section for	789
committing a felony specified in that division by discharging a	790
firearm from a motor vehicle, or if both types of mandatory prison	791
terms are imposed, the offender shall serve any mandatory prison	792
term imposed under either division consecutively to any other	793
mandatory prison term imposed under either division or under	794
division (D)(1)(d) of this section, consecutively to and prior to	795
any prison term imposed for the underlying felony pursuant to	796
division (A), (D)(2), or (D)(3) of this section or any other	797
section of the Revised Code, and consecutively to any other prison	798
term or mandatory prison term previously or subsequently imposed	799
upon the offender.	800

(b) If a mandatory prison term is imposed upon an offender	801
pursuant to division (D)(1)(d) of this section for wearing or	802
carrying body armor while committing an offense of violence that	803
is a felony, the offender shall serve the mandatory term so	804
imposed consecutively to any other mandatory prison term imposed	805
under that division or under division (D)(1)(a) or (c) of this	806
section, consecutively to and prior to any prison term imposed for	807
the underlying felony under division (A), (D)(2), or (D)(3) of	808
this section or any other section of the Revised Code, and	809
consecutively to any other prison term or mandatory prison term	810
previously or subsequently imposed upon the offender.	811

(c) If a mandatory prison term is imposed upon an offender	812
pursuant to division (D)(1)(f) of this section, the offender shall	813
serve the mandatory prison term so imposed consecutively to and	814
prior to any prison term imposed for the underlying felony under	815
division (A), (D)(2), or (D)(3) of this section or any other	816
section of the Revised Code, and consecutively to any other prison	817
term or mandatory prison term previously or subsequently imposed	818
upon the offender.	819

(2) If an offender who is an inmate in a jail, prison, or	820
other residential detention facility violates section 2917.02,	821
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	822
who is under detention at a detention facility commits a felony	823
violation of section 2923.131 of the Revised Code, or if an	824
offender who is an inmate in a jail, prison, or other residential	825
detention facility or is under detention at a detention facility	826
commits another felony while the offender is an escapee in	827
violation of section 2921.34 of the Revised Code, any prison term	828
imposed upon the offender for one of those violations shall be	829
served by the offender consecutively to the prison term or term of	830
imprisonment the offender was serving when the offender committed	831
that offense and to any other prison term previously or	832
subsequently imposed upon the offender.	833

(3) If a prison term is imposed for a violation of division	834
(B) of section 2911.01 of the Revised Code, a violation of	835
division (A) of section 2913.02 of the Revised Code in which the	836
stolen property is a firearm or dangerous ordnance, or a felony	837
violation of division (B) of section 2921.331 of the Revised Code,	838
the offender shall serve that prison term consecutively to any	839
other prison term or mandatory prison term previously or	840
subsequently imposed upon the offender.	841

(4) If multiple prison terms are imposed on an offender for	842
convictions of multiple offenses, the court may require the	843
offender to serve the prison terms consecutively if the court	844
finds that the consecutive service is necessary to protect the	845
public from future crime or to punish the offender and that	846
consecutive sentences are not disproportionate to the seriousness	847
of the offender's conduct and to the danger the offender poses to	848
the public, and if the court also finds any of the following:	849

(a) The offender committed one or more of the multiple	850
offenses while the offender was awaiting trial or sentencing, was	851
under a sanction imposed pursuant to section 2929.16, 2929.17, or	852
2929.18 of the Revised Code, or was under post-release control for	853
a prior offense.	854

(b) At least two of the multiple offenses were committed as	855
part of one or more courses of conduct, and the harm caused by two	856
or more of the multiple offenses so committed was so great or	857
unusual that no single prison term for any of the offenses	858
committed as part of any of the courses of conduct adequately	859
reflects the seriousness of the offender's conduct.	860

(c) The offender's history of criminal conduct demonstrates	861
that consecutive sentences are necessary to protect the public	862
from future crime by the offender.	863

(5) If a mandatory prison term is imposed upon an offender	864
pursuant to division (D)(5) or (6) of this section, the offender	865
shall serve the mandatory prison term consecutively to and prior	866
to any prison term imposed for the underlying violation of	867
division (A)(1) or (2) of section 2903.06 of the Revised Code	868
pursuant to division (A) of this section or section 2929.142 of	869
the Revised Code. If a mandatory prison term is imposed upon an	870
offender pursuant to division (D)(5) of this section, and if a	871
mandatory prison term also is imposed upon the offender pursuant	872
to division (D)(6) of this section in relation to the same	873
violation, the offender shall serve the mandatory prison term	874
imposed pursuant to division (D)(5) of this section consecutively	875
to and prior to the mandatory prison term imposed pursuant to	876
division (D)(6) of this section and consecutively to and prior to	877
any prison term imposed for the underlying violation of division	878
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	879
division (A) of this section or section 2929.142 of the Revised	880
Code.	881

(6) When consecutive prison terms are imposed pursuant to	882
division (E)(1), (2), (3), (4), or (5) or division (J)(1) or (2)	883
of this section, the term to be served is the aggregate of all of	884
the terms so imposed.	885

(F)(1) If a court imposes a prison term for a felony of the	886
first degree, for a felony of the second degree, for a felony sex	887
offense, or for a felony of the third degree that is not a felony	888
sex offense and in the commission of which the offender caused or	889
threatened to cause physical harm to a person, it shall include in	890
the sentence a requirement that the offender be subject to a	891
period of post-release control after the offender's release from	892
imprisonment, in accordance with that division. If a court imposes	893
a sentence including a prison term of a type described in this	894
division on or after July 11, 2006, the failure of a court to	895
include a post-release control requirement in the sentence	896
pursuant to this division does not negate, limit, or otherwise	897
affect the mandatory period of post-release control that is	898
required for the offender under division (B) of section 2967.28 of	899
the Revised Code. Section 2929.191 of the Revised Code applies if,	900
prior to July 11, 2006, a court imposed a sentence including a	901
prison term of a type described in this division and failed to	902
include in the sentence pursuant to this division a statement	903
regarding post-release control.	904

(2) If a court imposes a prison term for a felony of the	905
third, fourth, or fifth degree that is not subject to division	906
(F)(1) of this section, it shall include in the sentence a	907
requirement that the offender be subject to a period of	908
post-release control after the offender's release from	909
imprisonment, in accordance with that division, if the parole	910
board determines that a period of post-release control is	911
necessary. Section 2929.191 of the Revised Code applies if, prior	912
to July 11, 2006, a court imposed a sentence including a prison	913
term of a type described in this division and failed to include in	914
the sentence pursuant to this division a statement regarding	915
post-release control.	916

(G) The court shall impose sentence upon the offender in	917
accordance with section 2971.03 of the Revised Code, and Chapter	918
2971. of the Revised Code applies regarding the prison term or	919
term of life imprisonment without parole imposed upon the offender	920
and the service of that term of imprisonment if any of the	921
following apply:	922

(1) A person is convicted of or pleads guilty to a violent	923
sex offense or a designated homicide, assault, or kidnapping	924
offense, and, in relation to that offense, the offender is	925
adjudicated a sexually violent predator.	926

(2) A person is convicted of or pleads guilty to a violation	927
of division (A)(1)(b) of section 2907.02 of the Revised Code	928
committed on or after January 2, 2007, and either the court does	929
not impose a sentence of life without parole when authorized	930
pursuant to division (B) of section 2907.02 of the Revised Code,	931
or division (B) of section 2907.02 of the Revised Code provides	932
that the court shall not sentence the offender pursuant to	933
section 2971.03 of the Revised Code.	934

(3) A person is convicted of or pleads guilty to attempted	935
rape committed on or after January 2, 2007, and a specification	936
of the type described in section 2941.1418, 2941.1419, or	937
2941.1420 of the Revised Code.	938

(4) A person is convicted of or pleads guilty to a violation	939
of section 2905.01 of the Revised Code committed on or after the	940
effective date of this amendmentJanuary 1, 2008, and that section	941
requires the court to sentence the offender pursuant to section	942
2971.03 of the Revised Code.	943

(5) A person is convicted of or pleads guilty to aggravated	944
murder committed on or after the effective date of this amendment	945
January 1, 2008, and division (A)(2)(b)(ii) of section 2929.022,	946
division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b),	947
(D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or division (A)	948
or (B) of section 2929.06 of the Revised Code requires the court	949
to sentence the offender pursuant to division (B)(3) of section	950
2971.03 of the Revised Code.	951

(6) A person is convicted of or pleads guilty to murder	952
committed on or after the effective date of this amendmentJanuary	953
1, 2008, and division (B)(2) of section 2929.02 of the Revised	954
Code requires the court to sentence the offender pursuant to	955
section 2971.03 of the Revised Code.	956

(H) If a person who has been convicted of or pleaded guilty	957
to a felony is sentenced to a prison term or term of imprisonment	958
under this section, sections 2929.02 to 2929.06 of the Revised	959
Code, section 2929.142 of the Revised Code, section 2971.03 of the	960
Revised Code, or any other provision of law, section 5120.163 of	961
the Revised Code applies regarding the person while the person is	962
confined in a state correctional institution.	963

(I) If an offender who is convicted of or pleads guilty to a	964
felony that is an offense of violence also is convicted of or	965
pleads guilty to a specification of the type described in section	966
2941.142 of the Revised Code that charges the offender with having	967
committed the felony while participating in a criminal gang, the	968
court shall impose upon the offender an additional prison term of	969
one, two, or three years.	970

(J)(1) If an offender who is convicted of or pleads guilty to	971
aggravated murder, murder, or a felony of the first, second, or	972
third degree that is an offense of violence also is convicted of	973
or pleads guilty to a specification of the type described in	974
section 2941.143 of the Revised Code that charges the offender	975
with having committed the offense in a school safety zone or	976
towards a person in a school safety zone, the court shall impose	977
upon the offender an additional prison term of two years. The	978
offender shall serve the additional two years consecutively to and	979
prior to the prison term imposed for the underlying offense.	980

(2)(a) If an offender is convicted of or pleads guilty to a	981
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	982
of the Revised Code and to a specification of the type described	983
in section 2941.1421 of the Revised Code and if the court imposes	984
a prison term on the offender for the felony violation, the court	985
may impose upon the offender an additional prison term as follows:	986

(i) Subject to division (J)(2)(a)(ii) of this section, an	987
additional prison term of one, two, three, four, five, or six	988
months;	989

(ii) If the offender previously has been convicted of or	990
pleaded guilty to one or more felony or misdemeanor violations of	991
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	992
Revised Code and also was convicted of or pleaded guilty to a	993
specification of the type described in section 2941.1421 of the	994
Revised Code regarding one or more of those violations, an	995
additional prison term of one, two, three, four, five, six, seven,	996
eight, nine, ten, eleven, or twelve months.	997

(b) In lieu of imposing an additional prison term under	998
division (J)(2)(a) of this section, the court may directly impose	999
on the offender a sanction that requires the offender to wear a	1000
real-time processing, continual tracking electronic monitoring	1001
device during the period of time specified by the court. The	1002
period of time specified by the court shall equal the duration of	1003
an additional prison term that the court could have imposed upon	1004
the offender under division (J)(2)(a) of this section. A sanction	1005
imposed under this division shall commence on the date specified	1006
by the court, provided that the sanction shall not commence until	1007
after the offender has served the prison term imposed for the	1008
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	1009
of the Revised Code and any residential sanction imposed for the	1010
violation under section 2929.16 of the Revised Code. A sanction	1011
imposed under this division shall be considered to be a community	1012
control sanction for purposes of section 2929.15 of the Revised	1013
Code, and all provisions of the Revised Code that pertain to	1014
community control sanctions shall apply to a sanction imposed	1015
under this division, except to the extent that they would by their	1016
nature be clearly inapplicable. The offender shall pay all costs	1017
associated with a sanction imposed under this division, including	1018
the cost of the use of the monitoring device.	1019

(K) At the time of sentencing, the court may recommend the	1020
offender for placement in a program of shock incarceration under	1021
section 5120.031 of the Revised Code or for placement in an	1022
intensive program prison under section 5120.032 of the Revised	1023
Code, disapprove placement of the offender in a program of shock	1024
incarceration or an intensive program prison of that nature, or	1025
make no recommendation on placement of the offender. In no case	1026
shall the department of rehabilitation and correction place the	1027
offender in a program or prison of that nature unless the	1028
department determines as specified in section 5120.031 or 5120.032	1029
of the Revised Code, whichever is applicable, that the offender is	1030
eligible for the placement.	1031

If the court disapproves placement of the offender in a	1032
program or prison of that nature, the department of rehabilitation	1033
and correction shall not place the offender in any program of	1034
shock incarceration or intensive program prison.	1035

If the court recommends placement of the offender in a	1036
program of shock incarceration or in an intensive program prison,	1037
and if the offender is subsequently placed in the recommended	1038
program or prison, the department shall notify the court of the	1039
placement and shall include with the notice a brief description of	1040
the placement.	1041

If the court recommends placement of the offender in a	1042
program of shock incarceration or in an intensive program prison	1043
and the department does not subsequently place the offender in the	1044
recommended program or prison, the department shall send a notice	1045
to the court indicating why the offender was not placed in the	1046
recommended program or prison.	1047

If the court does not make a recommendation under this	1048
division with respect to an offender and if the department	1049
determines as specified in section 5120.031 or 5120.032 of the	1050
Revised Code, whichever is applicable, that the offender is	1051
eligible for placement in a program or prison of that nature, the	1052
department shall screen the offender and determine if there is an	1053
available program of shock incarceration or an intensive program	1054
prison for which the offender is suited. If there is an available	1055
program of shock incarceration or an intensive program prison for	1056
which the offender is suited, the department shall notify the	1057
court of the proposed placement of the offender as specified in	1058
section 5120.031 or 5120.032 of the Revised Code and shall include	1059
with the notice a brief description of the placement. The court	1060
shall have ten days from receipt of the notice to disapprove the	1061
placement.	1062

(L) If a person is convicted of or pleads guilty to	1063
aggravated vehicular homicide in violation of division (A)(1) of	1064
section 2903.06 of the Revised Code and division (B)(2)(c) of that	1065
section applies, the person shall be sentenced pursuant to section	1066
2929.142 of the Revised Code.	1067

Sec. 2929.24.  (A) Except as provided in section 2929.22 or	1068
2929.23 of the Revised Code or division (E) or (F) of this section	1069
and unless another term is required or authorized pursuant to law,	1070
if the sentencing court imposing a sentence upon an offender for a	1071
misdemeanor elects or is required to impose a jail term on the	1072
offender pursuant to this chapter, the court shall impose a	1073
definite jail term that shall be one of the following:	1074

(1) For a misdemeanor of the first degree, not more than one	1075
hundred eighty days;	1076

(2) For a misdemeanor of the second degree, not more than	1077
ninety days;	1078

(3) For a misdemeanor of the third degree, not more than	1079
sixty days;	1080

(4) For a misdemeanor of the fourth degree, not more than	1081
thirty days.	1082

(B) A court that sentences an offender to a jail term under	1083
this section may permit the offender to serve the sentence in	1084
intermittent confinement or may authorize a limited release of the	1085
offender as provided in division (B) of section 2929.26 of the	1086
Revised Code.	1087

(C) If a court sentences an offender to a jail term under	1088
this section and the court assigns the offender to a county jail	1089
that has established a county jail industry program pursuant to	1090
section 5147.30 of the Revised Code, the court shall specify, as	1091
part of the sentence, whether the offender may be considered for	1092
participation in the program. During the offender's term in the	1093
county jail, the court retains jurisdiction to modify its	1094
specification regarding the offender's participation in the county	1095
jail industry program.	1096

(D) If a person is sentenced to a jail term pursuant to this	1097
section, the court may impose as part of the sentence pursuant to	1098
section 2929.28 of the Revised Code a reimbursement sanction, and,	1099
if the local detention facility in which the term is to be served	1100
is covered by a policy adopted pursuant to section 307.93, 341.14,	1101
341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or	1102
2947.19 of the Revised Code and section 2929.37 of the Revised	1103
Code, both of the following apply:	1104

(1) The court shall specify both of the following as part of	1105
the sentence:	1106

(a) If the person is presented with an itemized bill pursuant	1107
to section 2929.37 of the Revised Code for payment of the costs of	1108
confinement, the person is required to pay the bill in accordance	1109
with that section.	1110

(b) If the person does not dispute the bill described in	1111
division (D)(1)(a) of this section and does not pay the bill by	1112
the times specified in section 2929.37 of the Revised Code, the	1113
clerk of the court may issue a certificate of judgment against the	1114
person as described in that section.	1115

(2) The sentence automatically includes any certificate of	1116
judgment issued as described in division (D)(1)(b) of this	1117
section.	1118

(E) If an offender who is convicted of or pleads guilty to a	1119
violation of division (B) of section 4511.19 of the Revised Code	1120
also is convicted of or also pleads guilty to a specification of	1121
the type described in section 2941.1416 of the Revised Code and if	1122
the court imposes a jail term on the offender for the underlying	1123
offense, the court shall impose upon the offender an additional	1124
definite jail term of not more than six months. The additional	1125
jail term shall not be reduced pursuant to any provision of the	1126
Revised Code. The offender shall serve the additional jail term	1127
consecutively to and prior to the jail term imposed for the	1128
underlying offense and consecutively to any other mandatory term	1129
imposed in relation to the offense.	1130

(F)(1) If an offender is convicted of or pleads guilty to a	1131
misdemeanor violation of section 2907.23, 2907.24, 2907.241, or	1132
2907.25 of the Revised Code and to a specification of the type	1133
described in section 2941.1421 of the Revised Code and if the	1134
court imposes a jail term on the offender for the misdemeanor	1135
violation, the court may impose upon the offender an additional	1136
definite jail term as follows:	1137

(a) Subject to division (F)(1)(b) of this section, an	1138
additional definite jail term of not more than sixty days;	1139

(b) If the offender previously has been convicted of or	1140
pleaded guilty to one or more misdemeanor or felony violations of	1141
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	1142
Revised Code and also was convicted of or pleaded guilty to a	1143
specification of the type described in section 2941.1421 of the	1144
Revised Code regarding one or more of those violations, an	1145
additional definite jail term of not more than one hundred twenty	1146
days.	1147

(2) In lieu of imposing an additional definite jail term	1148
under division (F)(1) of this section, the court may directly	1149
impose on the offender a sanction that requires the offender to	1150
wear a real-time processing, continual tracking electronic	1151
monitoring device during the period of time specified by the	1152
court. The period of time specified by the court shall equal the	1153
duration of an additional jail term that the court could have	1154
imposed upon the offender under division (F)(1) of this section. A	1155
sanction imposed under this division shall commence on the date	1156
specified by the court, provided that the sanction shall not	1157
commence until after the offender has served the jail term imposed	1158
for the misdemeanor violation of section 2907.23, 2907.24,	1159
2907.241, or 2907.25 of the Revised Code and any residential	1160
sanction imposed for the violation under section 2929.26 of the	1161
Revised Code. A sanction imposed under this division shall be	1162
considered to be a community control sanction for purposes of	1163
section 2929.25 of the Revised Code, and all provisions of the	1164
Revised Code that pertain to community control sanctions shall	1165
apply to a sanction imposed under this division, except to the	1166
extent that they would by their nature be clearly inapplicable.	1167
The offender shall pay all costs associated with a sanction	1168
imposed under this division, including the cost of the use of the	1169
monitoring device.	1170

Sec. 2941.1421. (A) Imposition of an additional prison term	1171
of one, two, three, four, five, or six months under division	1172
(J)(2)(a)(i) of section 2929.14 of the Revised Code, an additional	1173
prison term of one, two, three, four, five, six, seven, eight,	1174
nine, ten, eleven, or twelve months under division (J)(2)(a)(ii)	1175
of section 2929.14 of the Revised Code, an additional definite	1176
jail term of not more than sixty days under division (F)(1)(a) of	1177
section 2929.24 of the Revised Code, or an additional definite	1178
jail term of not more than one hundred twenty days under division	1179
(F)(1)(b) of section 2929.24 of the Revised Code is precluded	1180
unless the indictment, count in the indictment, or information	1181
charging a felony violation of section 2907.22, 2907.24, 2907.241,	1182
or 2907.25 of the Revised Code or a misdemeanor violation of	1183
section 2907.23, 2907.24, 2907.241, or 2907.25 of the Revised	1184
Code, whichever is applicable, specifies that the violation was	1185
committed in proximity to a school. The specification shall be	1186
stated at the end of the body of the indictment, count, or	1187
information and shall be in substantially the following form:	1188

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	1189
Grand Jurors (or insert the person's or the prosecuting attorney's	1190
name when appropriate) further find and specify that (set forth	1191
that the specified offense was committed in proximity to a	1192
school).	1193

(B) As used in this section, "committed in proximity to a	1194
school" has the same meaning as in section 2929.01 of the Revised	1195
Code.	1196

Section 2. That existing sections 1545.09, 1545.99, 2929.01,	1197
2929.14, and 2929.24 of the Revised Code are hereby repealed.	1198