As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 248

Representative Garrison 

Cosponsors: Representatives Fende, Pryor, Phillips, Harris, Williams, B., Brown, Yuko, Slesnick, Hackett 

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A BILL

To amend sections 2929.02, 2929.14, 2941.148,

1

2971.03, 2971.07, and 5120.61 of the Revised Code

2

to provide a prison term of 20 years to life for a

3

person convicted of murder when the victim is less

4

than 13 years of age and the offender is not

5

subject to sentencing under the Sexually Violent

6

Predator Sentencing Law.

7

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

Section 1.  That sections 2929.02, 2929.14, 2941.148,	8
2971.03, 2971.07, and 5120.61 of the Revised Code be amended to	9
read as follows:	10

Sec. 2929.02.  (A) Whoever is convicted of or pleads guilty	11
to aggravated murder in violation of section 2903.01 of the	12
Revised Code shall suffer death or be imprisoned for life, as	13
determined pursuant to sections 2929.022, 2929.03, and 2929.04 of	14
the Revised Code, except that no person who raises the matter of	15
age pursuant to section 2929.023 of the Revised Code and who is	16
not found to have been eighteen years of age or older at the time	17
of the commission of the offense shall suffer death. In addition,	18
the offender may be fined an amount fixed by the court, but not	19
more than twenty-five thousand dollars.	20

(B)(1) Except as otherwise provided in division (B)(2) or,	21
(3), or (4) of this section, whoever is convicted of or pleads	22
guilty to murder in violation of section 2903.02 of the Revised	23
Code shall be imprisoned for an indefinite term of fifteen years	24
to life.	25

(2) Except as otherwise provided in division (B)(3) or (4) of	26
this section, if a person is convicted of or pleads guilty to	27
murder in violation of section 2903.02 of the Revised Code and the	28
victim is less than thirteen years of age, the offender shall be	29
imprisoned for an indefinite term of twenty years to life.	30

(3) Except as otherwise provided in division (B)(3)(4) of	31
this section, if a person is convicted of or pleads guilty to	32
murder in violation of section 2903.02 of the Revised Code, the	33
victim of the offense was less than thirteen years of age, and	34
the offender also is convicted of or pleads guilty to a sexual	35
motivation specification that was included in the indictment,	36
count in the indictment, or information charging the offense, the	37
court shall impose an indefinite prison term of thirty years to	38
life pursuant to division (B)(3) of section 2971.03 of the	39
Revised Code.	40

(3)(4) If a person is convicted of or pleads guilty to murder	41
in violation of section 2903.02 of the Revised Code and also is	42
convicted of or pleads guilty to a sexual motivation specification	43
and a sexually violent predator specification that were included	44
in the indictment, count in the indictment, or information that	45
charged the murder, the court shall impose upon the offender a	46
term of life imprisonment without parole that shall be served	47
pursuant to section 2971.03 of the Revised Code.	48

(4)(5) In addition, the offender may be fined an amount fixed	49
by the court, but not more than fifteen thousand dollars.	50

(C) The court shall not impose a fine or fines for aggravated	51
murder or murder which, in the aggregate and to the extent not	52
suspended by the court, exceeds the amount which the offender is	53
or will be able to pay by the method and within the time allowed	54
without undue hardship to the offender or to the dependents of the	55
offender, or will prevent the offender from making reparation for	56
the victim's wrongful death.	57

(D)(1) In addition to any other sanctions imposed for a	58
violation of section 2903.01 or 2903.02 of the Revised Code, if	59
the offender used a motor vehicle as the means to commit the	60
violation, the court shall impose upon the offender a class two	61
suspension of the offender's driver's license, commercial driver's	62
license, temporary instruction permit, probationary license, or	63
nonresident operating privilege as specified in division (A)(2) of	64
section 4510.02 of the Revised Code.	65

(2) As used in division (D) of this section, "motor vehicle"	66
has the same meaning as in section 4501.01 of the Revised Code.	67

Sec. 2929.14.  (A) Except as provided in division (C),	68
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (G), (I), (J), or	69
(L) of this section and except in relation to an offense for	70
which a sentence of death or life imprisonment is to be imposed,	71
if the court imposing a sentence upon an offender for a felony	72
elects or is required to impose a prison term on the offender	73
pursuant to this chapter, the court shall impose a definite	74
prison term that shall be one of the following:	75

(1) For a felony of the first degree, the prison term shall	76
be three, four, five, six, seven, eight, nine, or ten years.	77

(2) For a felony of the second degree, the prison term shall	78
be two, three, four, five, six, seven, or eight years.	79

(3) For a felony of the third degree, the prison term shall	80
be one, two, three, four, or five years.	81

(4) For a felony of the fourth degree, the prison term shall	82
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	83
fourteen, fifteen, sixteen, seventeen, or eighteen months.	84

(5) For a felony of the fifth degree, the prison term shall	85
be six, seven, eight, nine, ten, eleven, or twelve months.	86

(B) Except as provided in division (C), (D)(1), (D)(2),	87
(D)(3), (D)(5), (D)(6), (G), (I), (J), or (L) of this section, in	88
section 2907.02 or 2907.05 of the Revised Code, or in Chapter	89
2925. of the Revised Code, if the court imposing a sentence upon	90
an offender for a felony elects or is required to impose a prison	91
term on the offender, the court shall impose the shortest prison	92
term authorized for the offense pursuant to division (A) of this	93
section, unless one or more of the following applies:	94

(1) The offender was serving a prison term at the time of the	95
offense, or the offender previously had served a prison term.	96

(2) The court finds on the record that the shortest prison	97
term will demean the seriousness of the offender's conduct or will	98
not adequately protect the public from future crime by the	99
offender or others.	100

(C) Except as provided in division (G) or (L) of this section	101
or in Chapter 2925. of the Revised Code, the court imposing a	102
sentence upon an offender for a felony may impose the longest	103
prison term authorized for the offense pursuant to division (A) of	104
this section only upon offenders who committed the worst forms of	105
the offense, upon offenders who pose the greatest likelihood of	106
committing future crimes, upon certain major drug offenders under	107
division (D)(3) of this section, and upon certain repeat violent	108
offenders in accordance with division (D)(2) of this section.	109

(D)(1)(a) Except as provided in division (D)(1)(e) of this	110
section, if an offender who is convicted of or pleads guilty to a	111
felony also is convicted of or pleads guilty to a specification of	112
the type described in section 2941.141, 2941.144, or 2941.145 of	113
the Revised Code, the court shall impose on the offender one of	114
the following prison terms:	115

(i) A prison term of six years if the specification is of the	116
type described in section 2941.144 of the Revised Code that	117
charges the offender with having a firearm that is an automatic	118
firearm or that was equipped with a firearm muffler or silencer on	119
or about the offender's person or under the offender's control	120
while committing the felony;	121

(ii) A prison term of three years if the specification is of	122
the type described in section 2941.145 of the Revised Code that	123
charges the offender with having a firearm on or about the	124
offender's person or under the offender's control while committing	125
the offense and displaying the firearm, brandishing the firearm,	126
indicating that the offender possessed the firearm, or using it to	127
facilitate the offense;	128

(iii) A prison term of one year if the specification is of	129
the type described in section 2941.141 of the Revised Code that	130
charges the offender with having a firearm on or about the	131
offender's person or under the offender's control while committing	132
the felony.	133

(b) If a court imposes a prison term on an offender under	134
division (D)(1)(a) of this section, the prison term shall not be	135
reduced pursuant to section 2929.20, section 2967.193, or any	136
other provision of Chapter 2967. or Chapter 5120. of the Revised	137
Code. Except as provided in division (D)(1)(g) of this section, a	138
court shall not impose more than one prison term on an offender	139
under division (D)(1)(a) of this section for felonies committed as	140
part of the same act or transaction.	141

(c) Except as provided in division (D)(1)(e) of this section,	142
if an offender who is convicted of or pleads guilty to a violation	143
of section 2923.161 of the Revised Code or to a felony that	144
includes, as an essential element, purposely or knowingly causing	145
or attempting to cause the death of or physical harm to another,	146
also is convicted of or pleads guilty to a specification of the	147
type described in section 2941.146 of the Revised Code that	148
charges the offender with committing the offense by discharging a	149
firearm from a motor vehicle other than a manufactured home, the	150
court, after imposing a prison term on the offender for the	151
violation of section 2923.161 of the Revised Code or for the other	152
felony offense under division (A), (D)(2), or (D)(3) of this	153
section, shall impose an additional prison term of five years upon	154
the offender that shall not be reduced pursuant to section	155
2929.20, section 2967.193, or any other provision of Chapter 2967.	156
or Chapter 5120. of the Revised Code. A court shall not impose	157
more than one additional prison term on an offender under division	158
(D)(1)(c) of this section for felonies committed as part of the	159
same act or transaction. If a court imposes an additional prison	160
term on an offender under division (D)(1)(c) of this section	161
relative to an offense, the court also shall impose a prison term	162
under division (D)(1)(a) of this section relative to the same	163
offense, provided the criteria specified in that division for	164
imposing an additional prison term are satisfied relative to the	165
offender and the offense.	166

(d) If an offender who is convicted of or pleads guilty to	167
an offense of violence that is a felony also is convicted of or	168
pleads guilty to a specification of the type described in section	169
2941.1411 of the Revised Code that charges the offender with	170
wearing or carrying body armor while committing the felony offense	171
of violence, the court shall impose on the offender a prison term	172
of two years. The prison term so imposed shall not be reduced	173
pursuant to section 2929.20, section 2967.193, or any other	174
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	175
court shall not impose more than one prison term on an offender	176
under division (D)(1)(d) of this section for felonies committed as	177
part of the same act or transaction. If a court imposes an	178
additional prison term under division (D)(1)(a) or (c) of this	179
section, the court is not precluded from imposing an additional	180
prison term under division (D)(1)(d) of this section.	181

(e) The court shall not impose any of the prison terms	182
described in division (D)(1)(a) of this section or any of the	183
additional prison terms described in division (D)(1)(c) of this	184
section upon an offender for a violation of section 2923.12 or	185
2923.123 of the Revised Code. The court shall not impose any of	186
the prison terms described in division (D)(1)(a) or (b) of this	187
section upon an offender for a violation of section 2923.122 that	188
involves a deadly weapon that is a firearm other than a dangerous	189
ordnance, section 2923.16, or section 2923.121 of the Revised	190
Code. The court shall not impose any of the prison terms described	191
in division (D)(1)(a) of this section or any of the additional	192
prison terms described in division (D)(1)(c) of this section upon	193
an offender for a violation of section 2923.13 of the Revised Code	194
unless all of the following apply:	195

(i) The offender previously has been convicted of aggravated	196
murder, murder, or any felony of the first or second degree.	197

(ii) Less than five years have passed since the offender was	198
released from prison or post-release control, whichever is later,	199
for the prior offense.	200

(f) If an offender is convicted of or pleads guilty to a	201
felony that includes, as an essential element, causing or	202
attempting to cause the death of or physical harm to another and	203
also is convicted of or pleads guilty to a specification of the	204
type described in section 2941.1412 of the Revised Code that	205
charges the offender with committing the offense by discharging a	206
firearm at a peace officer as defined in section 2935.01 of the	207
Revised Code or a corrections officer, as defined in section	208
2941.1412 of the Revised Code, the court, after imposing a prison	209
term on the offender for the felony offense under division (A),	210
(D)(2), or (D)(3) of this section, shall impose an additional	211
prison term of seven years upon the offender that shall not be	212
reduced pursuant to section 2929.20, section 2967.193, or any	213
other provision of Chapter 2967. or Chapter 5120. of the Revised	214
Code. If an offender is convicted of or pleads guilty to two or	215
more felonies that include, as an essential element, causing or	216
attempting to cause the death or physical harm to another and	217
also is convicted of or pleads guilty to a specification of the	218
type described under division (D)(1)(f) of this section in	219
connection with two or more of the felonies of which the offender	220
is convicted or to which the offender pleads guilty, the	221
sentencing court shall impose on the offender the prison term	222
specified under division (D)(1)(f) of this section for each of	223
two of the specifications of which the offender is convicted or	224
to which the offender pleads guilty and, in its discretion, also	225
may impose on the offender the prison term specified under that	226
division for any or all of the remaining specifications. If a	227
court imposes an additional prison term on an offender under	228
division (D)(1)(f) of this section relative to an offense, the	229
court shall not impose a prison term under division (D)(1)(a) or	230
(c) of this section relative to the same offense.	231

(g) If an offender is convicted of or pleads guilty to two	232
or more felonies, if one or more of those felonies is aggravated	233
murder, murder, attempted aggravated murder, attempted murder,	234
aggravated robbery, felonious assault, or rape, and if the	235
offender is convicted of or pleads guilty to a specification of	236
the type described under division (D)(1)(a) of this section in	237
connection with two or more of the felonies, the sentencing court	238
shall impose on the offender the prison term specified under	239
division (D)(1)(a) of this section for each of the two most	240
serious specifications of which the offender is convicted or to	241
which the offender pleads guilty and, in its discretion, also may	242
impose on the offender the prison term specified under that	243
division for any or all of the remaining specifications.	244

(2)(a) If division (D)(2)(b) of this section does not apply,	245
the court may impose on an offender, in addition to the longest	246
prison term authorized or required for the offense, an additional	247
definite prison term of one, two, three, four, five, six, seven,	248
eight, nine, or ten years if all of the following criteria are	249
met:	250

(i) The offender is convicted of or pleads guilty to a	251
specification of the type described in section 2941.149 of the	252
Revised Code that the offender is a repeat violent offender.	253

(ii) The offense of which the offender currently is convicted	254
or to which the offender currently pleads guilty is aggravated	255
murder and the court does not impose a sentence of death or life	256
imprisonment without parole, murder, terrorism and the court does	257
not impose a sentence of life imprisonment without parole, any	258
felony of the first degree that is an offense of violence and the	259
court does not impose a sentence of life imprisonment without	260
parole, or any felony of the second degree that is an offense of	261
violence and the trier of fact finds that the offense involved an	262
attempt to cause or a threat to cause serious physical harm to a	263
person or resulted in serious physical harm to a person.	264

(iii) The court imposes the longest prison term for the	265
offense that is not life imprisonment without parole.	266

(iv) The court finds that the prison terms imposed pursuant	267
to division (D)(2)(a)(iii) of this section and, if applicable,	268
division (D)(1) or (3) of this section are inadequate to punish	269
the offender and protect the public from future crime, because the	270
applicable factors under section 2929.12 of the Revised Code	271
indicating a greater likelihood of recidivism outweigh the	272
applicable factors under that section indicating a lesser	273
likelihood of recidivism.	274

(v) The court finds that the prison terms imposed pursuant to	275
division (D)(2)(a)(iii) of this section and, if applicable,	276
division (D)(1) or (3) of this section are demeaning to the	277
seriousness of the offense, because one or more of the factors	278
under section 2929.12 of the Revised Code indicating that the	279
offender's conduct is more serious than conduct normally	280
constituting the offense are present, and they outweigh the	281
applicable factors under that section indicating that the	282
offender's conduct is less serious than conduct normally	283
constituting the offense.	284

(b) The court shall impose on an offender the longest prison	285
term authorized or required for the offense and shall impose on	286
the offender an additional definite prison term of one, two,	287
three, four, five, six, seven, eight, nine, or ten years if all of	288
the following criteria are met:	289

(i) The offender is convicted of or pleads guilty to a	290
specification of the type described in section 2941.149 of the	291
Revised Code that the offender is a repeat violent offender.	292

(ii) The offender within the preceding twenty years has been	293
convicted of or pleaded guilty to three or more offenses described	294
in division (DD)(1) of section 2929.01 of the Revised Code,	295
including all offenses described in that division of which the	296
offender is convicted or to which the offender pleads guilty in	297
the current prosecution and all offenses described in that	298
division of which the offender previously has been convicted or to	299
which the offender previously pleaded guilty, whether prosecuted	300
together or separately.	301

(iii) The offense or offenses of which the offender currently	302
is convicted or to which the offender currently pleads guilty is	303
aggravated murder and the court does not impose a sentence of	304
death or life imprisonment without parole, murder, terrorism and	305
the court does not impose a sentence of life imprisonment without	306
parole, any felony of the first degree that is an offense of	307
violence and the court does not impose a sentence of life	308
imprisonment without parole, or any felony of the second degree	309
that is an offense of violence and the trier of fact finds that	310
the offense involved an attempt to cause or a threat to cause	311
serious physical harm to a person or resulted in serious physical	312
harm to a person.	313

(c) For purposes of division (D)(2)(b) of this section, two	314
or more offenses committed at the same time or as part of the same	315
act or event shall be considered one offense, and that one offense	316
shall be the offense with the greatest penalty.	317

(d) A sentence imposed under division (D)(2)(a) or (b) of	318
this section shall not be reduced pursuant to section 2929.20 or	319
section 2967.193, or any other provision of Chapter 2967. or	320
Chapter 5120. of the Revised Code. The offender shall serve an	321
additional prison term imposed under this section consecutively to	322
and prior to the prison term imposed for the underlying offense.	323

(e) When imposing a sentence pursuant to division (D)(2)(a)	324
or (b) of this section, the court shall state its findings	325
explaining the imposed sentence.	326

(3)(a) Except when an offender commits a violation of section	327
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	328
the violation is life imprisonment or commits a violation of	329
section 2903.02 of the Revised Code, if the offender commits a	330
violation of section 2925.03 or 2925.11 of the Revised Code and	331
that section classifies the offender as a major drug offender and	332
requires the imposition of a ten-year prison term on the offender,	333
if the offender commits a felony violation of section 2925.02,	334
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	335
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	336
division (C) of section 4729.51, or division (J) of section	337
4729.54 of the Revised Code that includes the sale, offer to sell,	338
or possession of a schedule I or II controlled substance, with the	339
exception of marihuana, and the court imposing sentence upon the	340
offender finds that the offender is guilty of a specification of	341
the type described in section 2941.1410 of the Revised Code	342
charging that the offender is a major drug offender, if the court	343
imposing sentence upon an offender for a felony finds that the	344
offender is guilty of corrupt activity with the most serious	345
offense in the pattern of corrupt activity being a felony of the	346
first degree, or if the offender is guilty of an attempted	347
violation of section 2907.02 of the Revised Code and, had the	348
offender completed the violation of section 2907.02 of the Revised	349
Code that was attempted, the offender would have been subject to a	350
sentence of life imprisonment or life imprisonment without parole	351
for the violation of section 2907.02 of the Revised Code, the	352
court shall impose upon the offender for the felony violation a	353
ten-year prison term that cannot be reduced pursuant to section	354
2929.20 or Chapter 2967. or 5120. of the Revised Code.	355

(b) The court imposing a prison term on an offender under	356
division (D)(3)(a) of this section may impose an additional prison	357
term of one, two, three, four, five, six, seven, eight, nine, or	358
ten years, if the court, with respect to the term imposed under	359
division (D)(3)(a) of this section and, if applicable, divisions	360
(D)(1) and (2) of this section, makes both of the findings set	361
forth in divisions (D)(2)(a)(iv) and (v) of this section.	362

(4) If the offender is being sentenced for a third or fourth	363
degree felony OVI offense under division (G)(2) of section 2929.13	364
of the Revised Code, the sentencing court shall impose upon the	365
offender a mandatory prison term in accordance with that division.	366
In addition to the mandatory prison term, if the offender is being	367
sentenced for a fourth degree felony OVI offense, the court,	368
notwithstanding division (A)(4) of this section, may sentence the	369
offender to a definite prison term of not less than six months and	370
not more than thirty months, and if the offender is being	371
sentenced for a third degree felony OVI offense, the sentencing	372
court may sentence the offender to an additional prison term of	373
any duration specified in division (A)(3) of this section. In	374
either case, the additional prison term imposed shall be reduced	375
by the sixty or one hundred twenty days imposed upon the offender	376
as the mandatory prison term. The total of the additional prison	377
term imposed under division (D)(4) of this section plus the sixty	378
or one hundred twenty days imposed as the mandatory prison term	379
shall equal a definite term in the range of six months to thirty	380
months for a fourth degree felony OVI offense and shall equal one	381
of the authorized prison terms specified in division (A)(3) of	382
this section for a third degree felony OVI offense. If the court	383
imposes an additional prison term under division (D)(4) of this	384
section, the offender shall serve the additional prison term after	385
the offender has served the mandatory prison term required for the	386
offense. In addition to the mandatory prison term or mandatory and	387
additional prison term imposed as described in division (D)(4) of	388
this section, the court also may sentence the offender to a	389
community control sanction under section 2929.16 or 2929.17 of the	390
Revised Code, but the offender shall serve all of the prison terms	391
so imposed prior to serving the community control sanction.	392

If the offender is being sentenced for a fourth degree felony	393
OVI offense under division (G)(1) of section 2929.13 of the	394
Revised Code and the court imposes a mandatory term of local	395
incarceration, the court may impose a prison term as described in	396
division (A)(1) of that section.	397

(5) If an offender is convicted of or pleads guilty to a	398
violation of division (A)(1) or (2) of section 2903.06 of the	399
Revised Code and also is convicted of or pleads guilty to a	400
specification of the type described in section 2941.1414 of the	401
Revised Code that charges that the victim of the offense is a	402
peace officer, as defined in section 2935.01 of the Revised Code,	403
or an investigator of the bureau of criminal identification and	404
investigation, as defined in section 2903.11 of the Revised Code,	405
the court shall impose on the offender a prison term of five	406
years. If a court imposes a prison term on an offender under	407
division (D)(5) of this section, the prison term shall not be	408
reduced pursuant to section 2929.20, section 2967.193, or any	409
other provision of Chapter 2967. or Chapter 5120. of the Revised	410
Code. A court shall not impose more than one prison term on an	411
offender under division (D)(5) of this section for felonies	412
committed as part of the same act.	413

(6) If an offender is convicted of or pleads guilty to a	414
violation of division (A)(1) or (2) of section 2903.06 of the	415
Revised Code and also is convicted of or pleads guilty to a	416
specification of the type described in section 2941.1415 of the	417
Revised Code that charges that the offender previously has been	418
convicted of or pleaded guilty to three or more violations of	419
division (A) or (B) of section 4511.19 of the Revised Code or an	420
equivalent offense, as defined in section 2941.1415 of the Revised	421
Code, or three or more violations of any combination of those	422
divisions and offenses, the court shall impose on the offender a	423
prison term of three years. If a court imposes a prison term on an	424
offender under division (D)(6) of this section, the prison term	425
shall not be reduced pursuant to section 2929.20, section	426
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	427
of the Revised Code. A court shall not impose more than one prison	428
term on an offender under division (D)(6) of this section for	429
felonies committed as part of the same act.	430

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	431
mandatory prison term is imposed upon an offender pursuant to	432
division (D)(1)(a) of this section for having a firearm on or	433
about the offender's person or under the offender's control while	434
committing a felony, if a mandatory prison term is imposed upon an	435
offender pursuant to division (D)(1)(c) of this section for	436
committing a felony specified in that division by discharging a	437
firearm from a motor vehicle, or if both types of mandatory prison	438
terms are imposed, the offender shall serve any mandatory prison	439
term imposed under either division consecutively to any other	440
mandatory prison term imposed under either division or under	441
division (D)(1)(d) of this section, consecutively to and prior to	442
any prison term imposed for the underlying felony pursuant to	443
division (A), (D)(2), or (D)(3) of this section or any other	444
section of the Revised Code, and consecutively to any other prison	445
term or mandatory prison term previously or subsequently imposed	446
upon the offender.	447

(b) If a mandatory prison term is imposed upon an offender	448
pursuant to division (D)(1)(d) of this section for wearing or	449
carrying body armor while committing an offense of violence that	450
is a felony, the offender shall serve the mandatory term so	451
imposed consecutively to any other mandatory prison term imposed	452
under that division or under division (D)(1)(a) or (c) of this	453
section, consecutively to and prior to any prison term imposed for	454
the underlying felony under division (A), (D)(2), or (D)(3) of	455
this section or any other section of the Revised Code, and	456
consecutively to any other prison term or mandatory prison term	457
previously or subsequently imposed upon the offender.	458

(c) If a mandatory prison term is imposed upon an offender	459
pursuant to division (D)(1)(f) of this section, the offender shall	460
serve the mandatory prison term so imposed consecutively to and	461
prior to any prison term imposed for the underlying felony under	462
division (A), (D)(2), or (D)(3) of this section or any other	463
section of the Revised Code, and consecutively to any other prison	464
term or mandatory prison term previously or subsequently imposed	465
upon the offender.	466

(2) If an offender who is an inmate in a jail, prison, or	467
other residential detention facility violates section 2917.02,	468
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	469
who is under detention at a detention facility commits a felony	470
violation of section 2923.131 of the Revised Code, or if an	471
offender who is an inmate in a jail, prison, or other residential	472
detention facility or is under detention at a detention facility	473
commits another felony while the offender is an escapee in	474
violation of section 2921.34 of the Revised Code, any prison term	475
imposed upon the offender for one of those violations shall be	476
served by the offender consecutively to the prison term or term of	477
imprisonment the offender was serving when the offender committed	478
that offense and to any other prison term previously or	479
subsequently imposed upon the offender.	480

(3) If a prison term is imposed for a violation of division	481
(B) of section 2911.01 of the Revised Code, a violation of	482
division (A) of section 2913.02 of the Revised Code in which the	483
stolen property is a firearm or dangerous ordnance, or a felony	484
violation of division (B) of section 2921.331 of the Revised Code,	485
the offender shall serve that prison term consecutively to any	486
other prison term or mandatory prison term previously or	487
subsequently imposed upon the offender.	488

(4) If multiple prison terms are imposed on an offender for	489
convictions of multiple offenses, the court may require the	490
offender to serve the prison terms consecutively if the court	491
finds that the consecutive service is necessary to protect the	492
public from future crime or to punish the offender and that	493
consecutive sentences are not disproportionate to the seriousness	494
of the offender's conduct and to the danger the offender poses to	495
the public, and if the court also finds any of the following:	496

(a) The offender committed one or more of the multiple	497
offenses while the offender was awaiting trial or sentencing, was	498
under a sanction imposed pursuant to section 2929.16, 2929.17, or	499
2929.18 of the Revised Code, or was under post-release control for	500
a prior offense.	501

(b) At least two of the multiple offenses were committed as	502
part of one or more courses of conduct, and the harm caused by two	503
or more of the multiple offenses so committed was so great or	504
unusual that no single prison term for any of the offenses	505
committed as part of any of the courses of conduct adequately	506
reflects the seriousness of the offender's conduct.	507

(c) The offender's history of criminal conduct demonstrates	508
that consecutive sentences are necessary to protect the public	509
from future crime by the offender.	510

(5) If a mandatory prison term is imposed upon an offender	511
pursuant to division (D)(5) or (6) of this section, the offender	512
shall serve the mandatory prison term consecutively to and prior	513
to any prison term imposed for the underlying violation of	514
division (A)(1) or (2) of section 2903.06 of the Revised Code	515
pursuant to division (A) of this section or section 2929.142 of	516
the Revised Code. If a mandatory prison term is imposed upon an	517
offender pursuant to division (D)(5) of this section, and if a	518
mandatory prison term also is imposed upon the offender pursuant	519
to division (D)(6) of this section in relation to the same	520
violation, the offender shall serve the mandatory prison term	521
imposed pursuant to division (D)(5) of this section consecutively	522
to and prior to the mandatory prison term imposed pursuant to	523
division (D)(6) of this section and consecutively to and prior to	524
any prison term imposed for the underlying violation of division	525
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	526
division (A) of this section or section 2929.142 of the Revised	527
Code.	528

(6) When consecutive prison terms are imposed pursuant to	529
division (E)(1), (2), (3), (4), or (5) or division (J)(1) or (2)	530
of this section, the term to be served is the aggregate of all of	531
the terms so imposed.	532

(F)(1) If a court imposes a prison term for a felony of the	533
first degree, for a felony of the second degree, for a felony sex	534
offense, or for a felony of the third degree that is not a felony	535
sex offense and in the commission of which the offender caused or	536
threatened to cause physical harm to a person, it shall include in	537
the sentence a requirement that the offender be subject to a	538
period of post-release control after the offender's release from	539
imprisonment, in accordance with that division. If a court imposes	540
a sentence including a prison term of a type described in this	541
division on or after July 11, 2006, the failure of a court to	542
include a post-release control requirement in the sentence	543
pursuant to this division does not negate, limit, or otherwise	544
affect the mandatory period of post-release control that is	545
required for the offender under division (B) of section 2967.28 of	546
the Revised Code. Section 2929.191 of the Revised Code applies if,	547
prior to July 11, 2006, a court imposed a sentence including a	548
prison term of a type described in this division and failed to	549
include in the sentence pursuant to this division a statement	550
regarding post-release control.	551

(2) If a court imposes a prison term for a felony of the	552
third, fourth, or fifth degree that is not subject to division	553
(F)(1) of this section, it shall include in the sentence a	554
requirement that the offender be subject to a period of	555
post-release control after the offender's release from	556
imprisonment, in accordance with that division, if the parole	557
board determines that a period of post-release control is	558
necessary. Section 2929.191 of the Revised Code applies if, prior	559
to July 11, 2006, a court imposed a sentence including a prison	560
term of a type described in this division and failed to include in	561
the sentence pursuant to this division a statement regarding	562
post-release control.	563

(G) The court shall impose sentence upon the offender in	564
accordance with section 2971.03 of the Revised Code, and Chapter	565
2971. of the Revised Code applies regarding the prison term or	566
term of life imprisonment without parole imposed upon the offender	567
and the service of that term of imprisonment if any of the	568
following apply:	569

(1) A person is convicted of or pleads guilty to a violent	570
sex offense or a designated homicide, assault, or kidnapping	571
offense, and, in relation to that offense, the offender is	572
adjudicated a sexually violent predator.	573

(2) A person is convicted of or pleads guilty to a violation	574
of division (A)(1)(b) of section 2907.02 of the Revised Code	575
committed on or after January 2, 2007, and either the court does	576
not impose a sentence of life without parole when authorized	577
pursuant to division (B) of section 2907.02 of the Revised Code,	578
or division (B) of section 2907.02 of the Revised Code provides	579
that the court shall not sentence the offender pursuant to	580
section 2971.03 of the Revised Code.	581

(3) A person is convicted of or pleads guilty to attempted	582
rape committed on or after January 2, 2007, and a specification	583
of the type described in section 2941.1418, 2941.1419, or	584
2941.1420 of the Revised Code.	585

(4) A person is convicted of or pleads guilty to a violation	586
of section 2905.01 of the Revised Code committed on or after	587
January 1, 2008, and that section requires the court to sentence	588
the offender pursuant to section 2971.03 of the Revised Code.	589

(5) A person is convicted of or pleads guilty to aggravated	590
murder committed on or after January 1, 2008, and division	591
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),	592
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or	593
(E)(1)(d) of section 2929.03, or division (A) or (B) of section	594
2929.06 of the Revised Code requires the court to sentence the	595
offender pursuant to division (B)(3) of section 2971.03 of the	596
Revised Code.	597

(6) A person is convicted of or pleads guilty to murder	598
committed on or after January 1, 2008, and division (B)(2)(3) of	599
section 2929.02 of the Revised Code requires the court to	600
sentence the offender pursuant to section 2971.03 of the Revised	601
Code.	602

(H) If a person who has been convicted of or pleaded guilty	603
to a felony is sentenced to a prison term or term of imprisonment	604
under this section, sections 2929.02 to 2929.06 of the Revised	605
Code, section 2929.142 of the Revised Code, section 2971.03 of the	606
Revised Code, or any other provision of law, section 5120.163 of	607
the Revised Code applies regarding the person while the person is	608
confined in a state correctional institution.	609

(I) If an offender who is convicted of or pleads guilty to a	610
felony that is an offense of violence also is convicted of or	611
pleads guilty to a specification of the type described in section	612
2941.142 of the Revised Code that charges the offender with having	613
committed the felony while participating in a criminal gang, the	614
court shall impose upon the offender an additional prison term of	615
one, two, or three years.	616

(J)(1) If an offender who is convicted of or pleads guilty to	617
aggravated murder, murder, or a felony of the first, second, or	618
third degree that is an offense of violence also is convicted of	619
or pleads guilty to a specification of the type described in	620
section 2941.143 of the Revised Code that charges the offender	621
with having committed the offense in a school safety zone or	622
towards a person in a school safety zone, the court shall impose	623
upon the offender an additional prison term of two years. The	624
offender shall serve the additional two years consecutively to and	625
prior to the prison term imposed for the underlying offense.	626

(2)(a) If an offender is convicted of or pleads guilty to a	627
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	628
of the Revised Code and to a specification of the type described	629
in section 2941.1421 of the Revised Code and if the court imposes	630
a prison term on the offender for the felony violation, the court	631
may impose upon the offender an additional prison term as follows:	632

(i) Subject to division (J)(2)(a)(ii) of this section, an	633
additional prison term of one, two, three, four, five, or six	634
months;	635

(ii) If the offender previously has been convicted of or	636
pleaded guilty to one or more felony or misdemeanor violations of	637
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	638
Revised Code and also was convicted of or pleaded guilty to a	639
specification of the type described in section 2941.1421 of the	640
Revised Code regarding one or more of those violations, an	641
additional prison term of one, two, three, four, five, six, seven,	642
eight, nine, ten, eleven, or twelve months.	643

(b) In lieu of imposing an additional prison term under	644
division (J)(2)(a) of this section, the court may directly impose	645
on the offender a sanction that requires the offender to wear a	646
real-time processing, continual tracking electronic monitoring	647
device during the period of time specified by the court. The	648
period of time specified by the court shall equal the duration of	649
an additional prison term that the court could have imposed upon	650
the offender under division (J)(2)(a) of this section. A sanction	651
imposed under this division shall commence on the date specified	652
by the court, provided that the sanction shall not commence until	653
after the offender has served the prison term imposed for the	654
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	655
of the Revised Code and any residential sanction imposed for the	656
violation under section 2929.16 of the Revised Code. A sanction	657
imposed under this division shall be considered to be a community	658
control sanction for purposes of section 2929.15 of the Revised	659
Code, and all provisions of the Revised Code that pertain to	660
community control sanctions shall apply to a sanction imposed	661
under this division, except to the extent that they would by their	662
nature be clearly inapplicable. The offender shall pay all costs	663
associated with a sanction imposed under this division, including	664
the cost of the use of the monitoring device.	665

(K) At the time of sentencing, the court may recommend the	666
offender for placement in a program of shock incarceration under	667
section 5120.031 of the Revised Code or for placement in an	668
intensive program prison under section 5120.032 of the Revised	669
Code, disapprove placement of the offender in a program of shock	670
incarceration or an intensive program prison of that nature, or	671
make no recommendation on placement of the offender. In no case	672
shall the department of rehabilitation and correction place the	673
offender in a program or prison of that nature unless the	674
department determines as specified in section 5120.031 or 5120.032	675
of the Revised Code, whichever is applicable, that the offender is	676
eligible for the placement.	677

If the court disapproves placement of the offender in a	678
program or prison of that nature, the department of rehabilitation	679
and correction shall not place the offender in any program of	680
shock incarceration or intensive program prison.	681

If the court recommends placement of the offender in a	682
program of shock incarceration or in an intensive program prison,	683
and if the offender is subsequently placed in the recommended	684
program or prison, the department shall notify the court of the	685
placement and shall include with the notice a brief description of	686
the placement.	687

If the court recommends placement of the offender in a	688
program of shock incarceration or in an intensive program prison	689
and the department does not subsequently place the offender in the	690
recommended program or prison, the department shall send a notice	691
to the court indicating why the offender was not placed in the	692
recommended program or prison.	693

If the court does not make a recommendation under this	694
division with respect to an offender and if the department	695
determines as specified in section 5120.031 or 5120.032 of the	696
Revised Code, whichever is applicable, that the offender is	697
eligible for placement in a program or prison of that nature, the	698
department shall screen the offender and determine if there is an	699
available program of shock incarceration or an intensive program	700
prison for which the offender is suited. If there is an available	701
program of shock incarceration or an intensive program prison for	702
which the offender is suited, the department shall notify the	703
court of the proposed placement of the offender as specified in	704
section 5120.031 or 5120.032 of the Revised Code and shall include	705
with the notice a brief description of the placement. The court	706
shall have ten days from receipt of the notice to disapprove the	707
placement.	708

(L) If a person is convicted of or pleads guilty to	709
aggravated vehicular homicide in violation of division (A)(1) of	710
section 2903.06 of the Revised Code and division (B)(2)(c) of that	711
section applies, the person shall be sentenced pursuant to section	712
2929.142 of the Revised Code.	713

Sec. 2941.148.  (A)(1) The application of Chapter 2971. of	714
the Revised Code to an offender is precluded unless one of the	715
following applies:	716

(a) The offender is charged with a violent sex offense, and	717
the indictment, count in the indictment, or information charging	718
the violent sex offense also includes a specification that the	719
offender is a sexually violent predator, or the offender is	720
charged with a designated homicide, assault, or kidnapping	721
offense, and the indictment, count in the indictment, or	722
information charging the designated homicide, assault, or	723
kidnapping offense also includes both a specification of the type	724
described in section 2941.147 of the Revised Code and a	725
specification that the offender is a sexually violent predator.	726

(b) The offender is convicted of or pleads guilty to a	727
violation of division (A)(1)(b) of section 2907.02 of the Revised	728
Code committed on or after January 2, 2007, and division (B) of	729
section 2907.02 of the Revised Code does not prohibit the court	730
from sentencing the offender pursuant to section 2971.03 of the	731
Revised Code.	732

(c) The offender is convicted of or pleads guilty to	733
attempted rape committed on or after January 2, 2007, and to a	734
specification of the type described in section 2941.1418,	735
2941.1419, or 2941.1420 of the Revised Code.	736

(d) The offender is convicted of or pleads guilty to a	737
violation of section 2905.01 of the Revised Code and to a	738
specification of the type described in section 2941.147 of the	739
Revised Code, and section 2905.01 of the Revised Code requires a	740
court to sentence the offender pursuant to section 2971.03 of the	741
Revised Code.	742

(e) The offender is convicted of or pleads guilty to	743
aggravated murder and to a specification of the type described in	744
section 2941.147 of the Revised Code, and division (A)(2)(b)(ii)	745
of section 2929.022, division (A)(1)(e), (C)(1)(a)(v),	746
(C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section	747
2929.03, or division (A) or (B) of section 2929.06 of the Revised	748
Code requires a court to sentence the offender pursuant to	749
division (B)(3) of section 2971.03 of the Revised Code.	750

(f) The offender is convicted of or pleads guilty to murder	751
and to a specification of the type described in section 2941.147	752
of the Revised Code, and division (B)(2)(3) of section 2929.02 of	753
the Revised Code requires a court to sentence the offender	754
pursuant to section 2971.03 of the Revised Code.	755

(2) A specification required under division (A)(1)(a) of this	756
section that an offender is a sexually violent predator shall be	757
stated at the end of the body of the indictment, count, or	758
information and shall be stated in substantially the following	759
form:	760

"Specification (or, specification to the first count). The	761
grand jury (or insert the person's or prosecuting attorney's name	762
when appropriate) further find and specify that the offender is a	763
sexually violent predator."	764

(B) In determining for purposes of this section whether a	765
person is a sexually violent predator, all of the factors set	766
forth in divisions (H)(1) to (6) of section 2971.01 of the Revised	767
Code that apply regarding the person may be considered as evidence	768
tending to indicate that it is likely that the person will engage	769
in the future in one or more sexually violent offenses.	770

(C) As used in this section, "designated homicide, assault,	771
or kidnapping offense," "violent sex offense," and "sexually	772
violent predator" have the same meanings as in section 2971.01 of	773
the Revised Code.	774

Sec. 2971.03.  (A) Notwithstanding divisions (A), (B), (C),	775
and (F) of section 2929.14, section 2929.02, 2929.03, 2929.06,	776
2929.13, or another section of the Revised Code, other than	777
divisions (D) and (E) of section 2929.14 of the Revised Code, that	778
authorizes or requires a specified prison term or a mandatory	779
prison term for a person who is convicted of or pleads guilty to a	780
felony or that specifies the manner and place of service of a	781
prison term or term of imprisonment, the court shall impose a	782
sentence upon a person who is convicted of or pleads guilty to a	783
violent sex offense and who also is convicted of or pleads guilty	784
to a sexually violent predator specification that was included in	785
the indictment, count in the indictment, or information charging	786
that offense, and upon a person who is convicted of or pleads	787
guilty to a designated homicide, assault, or kidnapping offense	788
and also is convicted of or pleads guilty to both a sexual	789
motivation specification and a sexually violent predator	790
specification that were included in the indictment, count in the	791
indictment, or information charging that offense, as follows:	792

(1) If the offense for which the sentence is being imposed is	793
aggravated murder and if the court does not impose upon the	794
offender a sentence of death, it shall impose upon the offender a	795
term of life imprisonment without parole. If the court sentences	796
the offender to death and the sentence of death is vacated,	797
overturned, or otherwise set aside, the court shall impose upon	798
the offender a term of life imprisonment without parole.	799

(2) If the offense for which the sentence is being imposed is	800
murder; or if the offense is rape committed in violation of	801
division (A)(1)(b) of section 2907.02 of the Revised Code when the	802
offender purposely compelled the victim to submit by force or	803
threat of force, when the victim was less than ten years of age,	804
when the offender previously has been convicted of or pleaded	805
guilty to either rape committed in violation of that division or a	806
violation of an existing or former law of this state, another	807
state, or the United States that is substantially similar to	808
division (A)(1)(b) of section 2907.02 of the Revised Code, or when	809
the offender during or immediately after the commission of the	810
rape caused serious physical harm to the victim; or if the offense	811
is an offense other than aggravated murder or murder for which a	812
term of life imprisonment may be imposed, it shall impose upon the	813
offender a term of life imprisonment without parole.	814

(3)(a) Except as otherwise provided in division (A)(3)(b),	815
(c), (d), or (e) or (A)(4) of this section, if the offense for	816
which the sentence is being imposed is an offense other than	817
aggravated murder, murder, or rape and other than an offense for	818
which a term of life imprisonment may be imposed, it shall impose	819
an indefinite prison term consisting of a minimum term fixed by	820
the court from among the range of terms available as a definite	821
term for the offense, but not less than two years, and a maximum	822
term of life imprisonment.	823

(b) Except as otherwise provided in division (A)(4) of this	824
section, if the offense for which the sentence is being imposed is	825
kidnapping that is a felony of the first degree, it shall impose	826
an indefinite prison term as follows:	827

(i) If the kidnapping is committed on or after the effective	828
date of this amendmentJanuary 1, 2008, and the victim of the	829
offense is less than thirteen years of age, except as otherwise	830
provided in this division, it shall impose an indefinite prison	831
term consisting of a minimum term of fifteen years and a maximum	832
term of life imprisonment. If the kidnapping is committed on or	833
after the effective date of this amendmentJanuary 1, 2008, the	834
victim of the offense is less than thirteen years of age, and the	835
offender released the victim in a safe place unharmed, it shall	836
impose an indefinite prison term consisting of a minimum term of	837
ten years and a maximum term of life imprisonment.	838

(ii) If the kidnapping is committed prior to the effective	839
date of this amendmentJanuary 1, 2008, or division (A)(3)(b)(i)	840
of this section does not apply, it shall impose an indefinite	841
term consisting of a minimum term fixed by the court that is not	842
less than ten years and a maximum term of life imprisonment.	843

(c) Except as otherwise provided in division (A)(4) of this	844
section, if the offense for which the sentence is being imposed is	845
kidnapping that is a felony of the second degree, it shall impose	846
an indefinite prison term consisting of a minimum term fixed by	847
the court that is not less than eight years, and a maximum term of	848
life imprisonment.	849

(d) Except as otherwise provided in division (A)(4) of this	850
section, if the offense for which the sentence is being imposed is	851
rape for which a term of life imprisonment is not imposed under	852
division (A)(2) of this section or division (B) of section 2907.02	853
of the Revised Code, it shall impose an indefinite prison term as	854
follows:	855

(i) If the rape is committed on or after January 2, 2007, in	856
violation of division (A)(1)(b) of section 2907.02 of the Revised	857
Code, it shall impose an indefinite prison term consisting of a	858
minimum term of twenty-five years and a maximum term of life	859
imprisonment.	860

(ii) If the rape is committed prior to January 2, 2007, or	861
the rape is committed on or after January 2, 2007, other than in	862
violation of division (A)(1)(b) of section 2907.02 of the Revised	863
Code, it shall impose an indefinite prison term consisting of a	864
minimum term fixed by the court that is not less than ten years,	865
and a maximum term of life imprisonment.	866

(e) Except as otherwise provided in division (A)(4) of this	867
section, if the offense for which sentence is being imposed is	868
attempted rape, it shall impose an indefinite prison term as	869
follows:	870

(i) Except as otherwise provided in division (A)(3)(e)(ii),	871
(iii), or (iv) of this section, it shall impose an indefinite	872
prison term pursuant to division (A)(3)(a) of this section.	873

(ii) If the attempted rape for which sentence is being	874
imposed was committed on or after January 2, 2007, and if the	875
offender also is convicted of or pleads guilty to a specification	876
of the type described in section 2941.1418 of the Revised Code,	877
it shall impose an indefinite prison term consisting of a minimum	878
term of five years and a maximum term of twenty-five years.	879

(iii) If the attempted rape for which sentence is being	880
imposed was committed on or after January 2, 2007, and if the	881
offender also is convicted of or pleads guilty to a specification	882
of the type described in section 2941.1419 of the Revised Code,	883
it shall impose an indefinite prison term consisting of a minimum	884
term of ten years and a maximum of life imprisonment.	885

(iv) If the attempted rape for which sentence is being	886
imposed was committed on or after January 2, 2007, and if the	887
offender also is convicted of or pleads guilty to a specification	888
of the type described in section 2941.1420 of the Revised Code,	889
it shall impose an indefinite prison term consisting of a minimum	890
term of fifteen years and a maximum of life imprisonment.	891

(4) For any offense for which the sentence is being imposed,	892
if the offender previously has been convicted of or pleaded guilty	893
to a violent sex offense and also to a sexually violent predator	894
specification that was included in the indictment, count in the	895
indictment, or information charging that offense, or previously	896
has been convicted of or pleaded guilty to a designated homicide,	897
assault, or kidnapping offense and also to both a sexual	898
motivation specification and a sexually violent predator	899
specification that were included in the indictment, count in the	900
indictment, or information charging that offense, it shall impose	901
upon the offender a term of life imprisonment without parole.	902

(B)(1) Notwithstanding section 2929.13, division (A), (B),	903
(C), or (F) of section 2929.14, or another section of the Revised	904
Code other than division (B) of section 2907.02 or divisions (D)	905
and (E) of section 2929.14 of the Revised Code that authorizes or	906
requires a specified prison term or a mandatory prison term for a	907
person who is convicted of or pleads guilty to a felony or that	908
specifies the manner and place of service of a prison term or term	909
of imprisonment, if a person is convicted of or pleads guilty to a	910
violation of division (A)(1)(b) of section 2907.02 of the Revised	911
Code committed on or after January 2, 2007, if division (A) of	912
this section does not apply regarding the person, and if the	913
court does not impose a sentence of life without parole when	914
authorized pursuant to division (B) of section 2907.02 of the	915
Revised Code, the court shall impose upon the person an	916
indefinite prison term consisting of one of the following:	917

(a) Except as otherwise required in division (B)(1)(b) or (c)	918
of this section, a minimum term of ten years and a maximum term of	919
life imprisonment.	920

(b) If the victim was less than ten years of age, a minimum	921
term of fifteen years and a maximum of life imprisonment.	922

(c) If the offender purposely compels the victim to submit by	923
force or threat of force, or if the offender previously has been	924
convicted of or pleaded guilty to violating division (A)(1)(b) of	925
section 2907.02 of the Revised Code or to violating an existing or	926
former law of this state, another state, or the United States that	927
is substantially similar to division (A)(1)(b) of that section, or	928
if the offender during or immediately after the commission of the	929
offense caused serious physical harm to the victim, a minimum term	930
of twenty-five years and a maximum of life imprisonment.	931

(2) Notwithstanding section 2929.13, division (A), (B), (C),	932
or (F) of section 2929.14, or another section of the Revised Code	933
other than divisions (D) and (E) of section 2929.14 of the Revised	934
Code that authorizes or requires a specified prison term or a	935
mandatory prison term for a person who is convicted of or pleads	936
guilty to a felony or that specifies the manner and place of	937
service of a prison term or term of imprisonment and except as	938
otherwise provided in division (B) of section 2907.02 of the	939
Revised Code, if a person is convicted of or pleads guilty to	940
attempted rape committed on or after January 2, 2007, and if	941
division (A) of this section does not apply regarding the person,	942
the court shall impose upon the person an indefinite prison term	943
consisting of one of the following:	944

(a) If the person also is convicted of or pleads guilty to a	945
specification of the type described in section 2941.1418 of the	946
Revised Code, the court shall impose upon the person an indefinite	947
prison term consisting of a minimum term of five years and a	948
maximum term of twenty-five years.	949

(b) If the person also is convicted of or pleads guilty to a	950
specification of the type described in section 2941.1419 of the	951
Revised Code, the court shall impose upon the person an indefinite	952
prison term consisting of a minimum term of ten years and a	953
maximum term of life imprisonment.	954

(c) If the person also is convicted of or pleads guilty to a	955
specification of the type described in section 2941.1420 of the	956
Revised Code, the court shall impose upon the person an indefinite	957
prison term consisting of a minimum term of fifteen years and a	958
maximum term of life imprisonment.	959

(3) Notwithstanding section 2929.13, division (A), (B), (C),	960
or (F) of section 2929.14, or another section of the Revised Code	961
other than divisions (D) and (E) of section 2929.14 of the Revised	962
Code that authorizes or requires a specified prison term or a	963
mandatory prison term for a person who is convicted of or pleads	964
guilty to a felony or that specifies the manner and place of	965
service of a prison term or term of imprisonment, if a person is	966
convicted of or pleads guilty to an offense described in division	967
(B)(3)(a), (b), (c), or (d) of this section committed on or after	968
the effective date of this amendmentJanuary 1, 2008, if the	969
person also is convicted of or pleads guilty to a sexual	970
motivation specification that was included in the indictment,	971
count in the indictment, or information charging that offense,	972
and if division (A) of this section does not apply regarding the	973
person, the court shall impose upon the person an indefinite	974
prison term consisting of one of the following:	975

(a) An indefinite prison term consisting of a minimum of ten	976
years and a maximum term of life imprisonment if the offense for	977
which the sentence is being imposed is kidnapping, the victim of	978
the offense is less than thirteen years of age, and the offender	979
released the victim in a safe place unharmed;	980

(b) An indefinite prison term consisting of a minimum of	981
fifteen years and a maximum term of life imprisonment if the	982
offense for which the sentence is being imposed is kidnapping when	983
the victim of the offense is less than thirteen years of age and	984
division (B)(3)(a) of this section does not apply;	985

(c) An indefinite term consisting of a minimum of thirty	986
years and a maximum term of life imprisonment if the offense for	987
which the sentence is being imposed is aggravated murder, when the	988
victim of the offense is less than thirteen years of age, a	989
sentence of death or life imprisonment without parole is not	990
imposed for the offense, and division (A)(2)(b)(ii) of section	991
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii),	992
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or	993
division (A) or (B) of section 2929.06 of the Revised Code	994
requires that the sentence for the offense be imposed pursuant to	995
this division;	996

(d) An indefinite prison term consisting of a minimum of	997
thirty years and a maximum term of life imprisonment if the	998
offense for which the sentence is being imposed is murder when the	999
victim of the offense is less than thirteen years of age and	1000
division (B)(3) of section 2929.02 of the Revised Code requires	1001
that the sentence for the offense be imposed pursuant to this	1002
section.	1003

(C)(1) If the offender is sentenced to a prison term pursuant	1004
to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	1005
(c), or (B)(3)(a), (b), (c), or (d) of this section, the parole	1006
board shall have control over the offender's service of the term	1007
during the entire term unless the parole board terminates its	1008
control in accordance with section 2971.04 of the Revised Code.	1009

(2) Except as provided in division (C)(3) of this section, an	1010
offender sentenced to a prison term or term of life imprisonment	1011
without parole pursuant to division (A) of this section shall	1012
serve the entire prison term or term of life imprisonment in a	1013
state correctional institution. The offender is not eligible for	1014
judicial release under section 2929.20 of the Revised Code.	1015

(3) For a prison term imposed pursuant to division (A)(3),	1016
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	1017
(c), or (d) of this section, the court, in accordance with section	1018
2971.05 of the Revised Code, may terminate the prison term or	1019
modify the requirement that the offender serve the entire term in	1020
a state correctional institution if all of the following apply:	1021

(a) The offender has served at least the minimum term imposed	1022
as part of that prison term.	1023

(b) The parole board, pursuant to section 2971.04 of the	1024
Revised Code, has terminated its control over the offender's	1025
service of that prison term.	1026

(c) The court has held a hearing and found, by clear and	1027
convincing evidence, one of the following:	1028

(i) In the case of termination of the prison term, that the	1029
offender is unlikely to commit a sexually violent offense in the	1030
future;	1031

(ii) In the case of modification of the requirement, that the	1032
offender does not represent a substantial risk of physical harm to	1033
others.	1034

(4) An offender who has been sentenced to a term of life	1035
imprisonment without parole pursuant to division (A)(1), (2), or	1036
(4) of this section shall not be released from the term of life	1037
imprisonment or be permitted to serve a portion of it in a place	1038
other than a state correctional institution.	1039

(D) If a court sentences an offender to a prison term or term	1040
of life imprisonment without parole pursuant to division (A) of	1041
this section and the court also imposes on the offender one or	1042
more additional prison terms pursuant to division (D) of section	1043
2929.14 of the Revised Code, all of the additional prison terms	1044
shall be served consecutively with, and prior to, the prison term	1045
or term of life imprisonment without parole imposed upon the	1046
offender pursuant to division (A) of this section.	1047

(E) If the offender is convicted of or pleads guilty to two	1048
or more offenses for which a prison term or term of life	1049
imprisonment without parole is required to be imposed pursuant to	1050
division (A) of this section, divisions (A) to (D) of this section	1051
shall be applied for each offense. All minimum terms imposed upon	1052
the offender pursuant to division (A)(3) or (B) of this section	1053
for those offenses shall be aggregated and served consecutively,	1054
as if they were a single minimum term imposed under that division.	1055

(F)(1) If an offender is convicted of or pleads guilty to a	1056
violent sex offense and also is convicted of or pleads guilty to a	1057
sexually violent predator specification that was included in the	1058
indictment, count in the indictment, or information charging that	1059
offense, or is convicted of or pleads guilty to a designated	1060
homicide, assault, or kidnapping offense and also is convicted of	1061
or pleads guilty to both a sexual motivation specification and a	1062
sexually violent predator specification that were included in the	1063
indictment, count in the indictment, or information charging that	1064
offense, the conviction of or plea of guilty to the offense and	1065
the sexually violent predator specification automatically	1066
classifies the offender as a tier III sex offender/child-victim	1067
offender for purposes of Chapter 2950. of the Revised Code.	1068

(2) If an offender is convicted of or pleads guilty to	1069
committing on or after January 2, 2007, a violation of division	1070
(A)(1)(b) of section 2907.02 of the Revised Code and either the	1071
offender is sentenced under section 2971.03 of the Revised Code	1072
or a sentence of life without parole is imposed under division	1073
(B) of section 2907.02 of the Revised Code, the conviction of or	1074
plea of guilty to the offense automatically classifies the	1075
offender as a tier III sex offender/child-victim offender for	1076
purposes of Chapter 2950. of the Revised Code.	1077

(3) If a person is convicted of or pleads guilty to	1078
committing on or after January 2, 2007, attempted rape and also	1079
is convicted of or pleads guilty to a specification of the type	1080
described in section 2941.1418, 2941.1419, or 2941.1420 of the	1081
Revised Code, the conviction of or plea of guilty to the offense	1082
and the specification automatically classify the offender as a	1083
tier III sex offender/child-victim offender for purposes of	1084
Chapter 2950. of the Revised Code.	1085

(4) If a person is convicted of or pleads guilty to one of	1086
the offenses described in division (B)(3)(a), (b), (c), or (d) of	1087
this section and a sexual motivation specification related to the	1088
offense and the victim of the offense is less than thirteen years	1089
of age, the conviction of or plea of guilty to the offense	1090
automatically classifies the offender as a tier III sex	1091
offender/child-victim offender for purposes of Chapter 2950. of	1092
the Revised Code.	1093

Sec. 2971.07.  (A) This chapter does not apply to any	1094
offender unless the offender is one of the following:	1095

(1) The offender is convicted of or pleads guilty to a	1096
violent sex offense and also is convicted of or pleads guilty to a	1097
sexually violent predator specification that was included in the	1098
indictment, count in the indictment, or information charging that	1099
offense.	1100

(2) The offender is convicted of or pleads guilty to a	1101
designated homicide, assault, or kidnapping offense and also is	1102
convicted of or pleads guilty to both a sexual motivation	1103
specification and a sexually violent predator specification that	1104
were included in the indictment, count in the indictment, or	1105
information charging that offense.	1106

(3) The offender is convicted of or pleads guilty to a	1107
violation of division (A)(1)(b) of section 2907.02 of the Revised	1108
Code committed on or after January 2, 2007, and the court does	1109
not sentence the offender to a term of life without parole	1110
pursuant to division (B) of section 2907.02 of the Revised Code	1111
or division (B) of that section prohibits the court from	1112
sentencing the offender pursuant to section 2971.03 of the	1113
Revised Code.	1114

(4) The offender is convicted of or pleads guilty to	1115
attempted rape committed on or after January 2, 2007, and also is	1116
convicted of or pleads guilty to a specification of the type	1117
described in section 2941.1418, 2941.1419, or 2941.1420 of the	1118
Revised Code.	1119

(5) The offender is convicted of or pleads guilty to a	1120
violation of section 2905.01 of the Revised Code and also is	1121
convicted of or pleads guilty to a sexual motivation specification	1122
that was included in the indictment, count in the indictment, or	1123
information charging that offense, and that section requires a	1124
court to sentence the offender pursuant to section 2971.03 of the	1125
Revised Code.	1126

(6) The offender is convicted of or pleads guilty to	1127
aggravated murder and also is convicted of or pleads guilty to a	1128
sexual motivation specification that was included in the	1129
indictment, count in the indictment, or information charging that	1130
offense, and division (A)(2)(b)(ii) of section 2929.022, division	1131
(A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv),	1132
or (E)(1)(d) of section 2929.03, or division (A) or (B) of section	1133
2929.06 of the Revised Code requires a court to sentence the	1134
offender pursuant to division (B)(3) of section 2971.03 of the	1135
Revised Code.	1136

(7) The offender is convicted of or pleads guilty to murder	1137
and also is convicted of or pleads guilty to a sexual motivation	1138
specification that was included in the indictment, count in the	1139
indictment, or information charging that offense, and division	1140
(B)(2)(3) of section 2929.02 of the Revised Code requires a court	1141
to sentence the offender pursuant to section 2971.03 of the	1142
Revised Code.	1143

(B) This chapter does not limit or affect a court in imposing	1144
upon an offender described in divisions (A)(1) to (9) of this	1145
section any financial sanction under section 2929.18 or any other	1146
section of the Revised Code, or, except as specifically provided	1147
in this chapter, any other sanction that is authorized or	1148
required for the offense or violation by any other provision of	1149
law.	1150

(C) If an offender is sentenced to a prison term under	1151
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	1152
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	1153
Code and if, pursuant to section 2971.05 of the Revised Code, the	1154
court modifies the requirement that the offender serve the entire	1155
prison term in a state correctional institution or places the	1156
offender on conditional release that involves the placement of	1157
the offender under the supervision of the adult parole authority,	1158
authorized field officers of the authority who are engaged within	1159
the scope of their supervisory duties or responsibilities may	1160
search, with or without a warrant, the person of the offender,	1161
the place of residence of the offender, and a motor vehicle,	1162
another item of tangible or intangible personal property, or any	1163
other real property in which the offender has the express or	1164
implied permission of a person with a right, title, or interest	1165
to use, occupy, or possess if the field officer has reasonable	1166
grounds to believe that the offender is not abiding by the law or	1167
otherwise is not complying with the terms and conditions of the	1168
offender's modification or release. The authority shall provide	1169
each offender with a written notice that informs the offender	1170
that authorized field officers of the authority who are engaged	1171
within the scope of their supervisory duties or responsibilities	1172
may conduct those types of searches during the period of the	1173
modification or release if they have reasonable grounds to	1174
believe that the offender is not abiding by the law or otherwise	1175
is not complying with the terms and conditions of the offender's	1176
modification or release.	1177

Sec. 5120.61.  (A)(1) Not later than ninety days after	1178
January 1, 1997, the department of rehabilitation and correction	1179
shall adopt standards that it will use under this section to	1180
assess the following criminal offenders and may periodically	1181
revise the standards:	1182

(a) A criminal offender who is convicted of or pleads guilty	1183
to a violent sex offense or designated homicide, assault, or	1184
kidnapping offense and is adjudicated a sexually violent predator	1185
in relation to that offense;	1186

(b) A criminal offender who is convicted of or pleads guilty	1187
to a violation of division (A)(1)(b) of section 2907.02 of the	1188
Revised Code committed on or after January 2, 2007, and either who	1189
is sentenced under section 2971.03 of the Revised Code or upon	1190
whom a sentence of life without parole is imposed under division	1191
(B) of section 2907.02 of the Revised Code;	1192

(c) A criminal offender who is convicted of or pleads guilty	1193
to attempted rape committed on or after January 2, 2007, and a	1194
specification of the type described in section 2941.1418,	1195
2941.1419, or 2941.1420 of the Revised Code;	1196

(d) A criminal offender who is convicted of or pleads guilty	1197
to a violation of section 2905.01 of the Revised Code and also is	1198
convicted of or pleads guilty to a sexual motivation specification	1199
that was included in the indictment, count in the indictment, or	1200
information charging that offense, and who is sentenced pursuant	1201
to section 2971.03 of the Revised Code;	1202

(e) A criminal offender who is convicted of or pleads guilty	1203
to aggravated murder and also is convicted of or pleads guilty to	1204
a sexual motivation specification that was included in the	1205
indictment, count in the indictment, or information charging that	1206
offense, and who pursuant to division (A)(2)(b)(ii) of section	1207
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii),	1208
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or	1209
division (A) or (B) of section 2929.06 of the Revised Code is	1210
sentenced pursuant to division (B)(3) of section 2971.03 of the	1211
Revised Code;	1212

(f) A criminal offender who is convicted of or pleads guilty	1213
to murder and also is convicted of or pleads guilty to a sexual	1214
motivation specification that was included in the indictment,	1215
count in the indictment, or information charging that offense, and	1216
who pursuant to division (B)(2)(3) of section 2929.02 of the	1217
Revised Code is sentenced pursuant to section 2971.03 of the	1218
Revised Code.	1219

(2) When the department is requested by the parole board or	1220
the court to provide a risk assessment report of the offender	1221
under section 2971.04 or 2971.05 of the Revised Code, it shall	1222
assess the offender and complete the assessment as soon as	1223
possible after the offender has commenced serving the prison term	1224
or term of life imprisonment without parole imposed under division	1225
(A), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or	1226
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	1227
Code. Thereafter, the department shall update a risk assessment	1228
report pertaining to an offender as follows:	1229

(a) Periodically, in the discretion of the department,	1230
provided that each report shall be updated no later than two years	1231
after its initial preparation or most recent update;	1232

(b) Upon the request of the parole board for use in	1233
determining pursuant to section 2971.04 of the Revised Code	1234
whether it should terminate its control over an offender's service	1235
of a prison term imposed upon the offender under division (A)(3),	1236
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a),	1237
(b), (c), or (d) of section 2971.03 of the Revised Code;	1238

(c) Upon the request of the court.

1239

(3) After the department of rehabilitation and correction	1240
assesses an offender pursuant to division (A)(2) of this section,	1241
it shall prepare a report that contains its risk assessment for	1242
the offender or, if a risk assessment report previously has been	1243
prepared, it shall update the risk assessment report.	1244

(4) The department of rehabilitation and correction shall	1245
provide each risk assessment report that it prepares or updates	1246
pursuant to this section regarding an offender to all of the	1247
following:	1248

(a) The parole board for its use in determining pursuant to	1249
section 2971.04 of the Revised Code whether it should terminate	1250
its control over an offender's service of a prison term imposed	1251
upon the offender under division (A)(3), (B)(1)(a), (b), or (c),	1252
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	1253
2971.03 of the Revised Code, if the parole board has not	1254
terminated its control over the offender;	1255

(b) The court for use in determining, pursuant to section	1256
2971.05 of the Revised Code, whether to modify the requirement	1257
that the offender serve the entire prison term imposed upon the	1258
offender under division (A)(3), (B)(1)(a), (b), or (c),	1259
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	1260
2971.03 of the Revised Code in a state correctional institution,	1261
whether to revise any modification previously made, or whether to	1262
terminate the prison term;	1263

(c) The prosecuting attorney who prosecuted the case, or the	1264
successor in office to that prosecuting attorney;	1265

(d) The offender.

1266

(B) When the department of rehabilitation and correction	1267
provides a risk assessment report regarding an offender to the	1268
parole board or court pursuant to division (A)(4)(a) or (b) of	1269
this section, the department, prior to the parole board's or	1270
court's hearing, also shall provide to the offender or to the	1271
offender's attorney of record a copy of the report and a copy of	1272
any other relevant documents the department possesses regarding	1273
the offender that the department does not consider to be	1274
confidential.	1275

(C) As used in this section:

1276

(1) "Adjudicated a sexually violent predator" has the same	1277
meaning as in section 2929.01 of the Revised Code, and a person is	1278
"adjudicated a sexually violent predator" in the same manner and	1279
the same circumstances as are described in that section.	1280

(2) "Designated homicide, assault, or kidnapping offense" and	1281
"violent sex offense" have the same meanings as in section 2971.01	1282
of the Revised Code.	1283

Section 2.  That existing sections 2929.02, 2929.14,	1284
2941.148, 2971.03, 2971.07, and 5120.61 of the Revised Code are	1285
hereby repealed.	1286

Section 3.  The amendments to sections 2929.02, 2929.14,	1287
2941.148, 2971.03, 2971.07, and 5120.61 of the Revised Code that	1288
are made in Sections 1 and 2 of this act apply only to a violation	1289
of section 2903.02 of the Revised Code committed on or after the	1290
effective date of this act.	1291

Section 4.  Section 2929.14 of the Revised Code is presented	1292
in this act as a composite of the section as amended by both Sub.	1293
S.B. 184 and Sub. S.B. 220 of the 127th General Assembly. The	1294
General Assembly, applying the principle stated in division (B)	1295
of section 1.52 of the Revised Code that amendments are to be	1296
harmonized if reasonably capable of simultaneous operation, finds	1297
that the composite is the resulting version of the section in	1298
effect prior to the effective date of the section as presented in	1299
this act.	1300