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| To amend sections 2929.12 and 2929.22 of the Revised | 1 |
| Code to require a court, when sentencing an | 2 |
| offender for certain drug possession offenses, to | 3 |
| take into consideration if the offender was | 4 |
| seeking medical assistance for the offender or on | 5 |
| behalf of another person for a drug-related | 6 |
| overdose when evidence related to the offense was | 7 |
| obtained. | 8 |
| Section 1. That sections 2929.12 and 2929.22 of the Revised | 9 |
| Code be amended to read as follows: | 10 |
| Sec. 2929.12. (A) Unless otherwise required by section | 11 |
| 2929.13 or 2929.14 of the Revised Code, a court that imposes a | 12 |
| sentence under this chapter upon an offender for a felony has | 13 |
| discretion to determine the most effective way to comply with the | 14 |
| purposes and principles of sentencing set forth in section 2929.11 | 15 |
| of the Revised Code. In exercising that discretion, the court | 16 |
| shall consider the factors set forth in divisions (B) and (C) of | 17 |
| this section relating to the seriousness of the conduct and the | 18 |
| factors provided in divisions (D) and (E) of this section relating | 19 |
| to the likelihood of the offender's recidivism and, in addition, | 20 |
| may consider any other factors that are relevant to achieving | 21 |
| those purposes and principles of sentencing. | 22 |
| (B) The sentencing court shall consider all of the following | 23 |
| that apply regarding the offender, the offense, or the victim, and | 24 |
| any other relevant factors, as indicating that the offender's | 25 |
| conduct is more serious than conduct normally constituting the | 26 |
| offense: | 27 |
| (1) The physical or mental injury suffered by the victim of | 28 |
| the offense due to the conduct of the offender was exacerbated | 29 |
| because of the physical or mental condition or age of the victim. | 30 |
| (2) The victim of the offense suffered serious physical, | 31 |
| psychological, or economic harm as a result of the offense. | 32 |
| (3) The offender held a public office or position of trust in | 33 |
| the community, and the offense related to that office or position. | 34 |
| (4) The offender's occupation, elected office, or profession | 35 |
| obliged the offender to prevent the offense or bring others | 36 |
| committing it to justice. | 37 |
| (5) The offender's professional reputation or occupation, | 38 |
| elected office, or profession was used to facilitate the offense | 39 |
| or is likely to influence the future conduct of others. | 40 |
| (6) The offender's relationship with the victim facilitated | 41 |
| the offense. | 42 |
| (7) The offender committed the offense for hire or as a part | 43 |
| of an organized criminal activity. | 44 |
| (8) In committing the offense, the offender was motivated by | 45 |
| prejudice based on race, ethnic background, gender, sexual | 46 |
| orientation, or religion. | 47 |
| (9) If the offense is a violation of section 2919.25 or a | 48 |
| violation of section 2903.11, 2903.12, or 2903.13 of the Revised | 49 |
| Code involving a person who was a family or household member at | 50 |
| the time of the violation, the offender committed the offense in | 51 |
| the vicinity of one or more children who are not victims of the | 52 |
| offense, and the offender or the victim of the offense is a | 53 |
| parent, guardian, custodian, or person in loco parentis of one or | 54 |
| more of those children. | 55 |
| (C) The sentencing court shall consider all of the following | 56 |
| that apply regarding the offender, the offense, or the victim, and | 57 |
| any other relevant factors, as indicating that the offender's | 58 |
| conduct is less serious than conduct normally constituting the | 59 |
| offense: | 60 |
| (1) The victim induced or facilitated the offense. | 61 |
| (2) In committing the offense, the offender acted under | 62 |
| strong provocation. | 63 |
| (3) In committing the offense, the offender did not cause or | 64 |
| expect to cause physical harm to any person or property. | 65 |
| (4) There are substantial grounds to mitigate the offender's | 66 |
| conduct, although the grounds are not enough to constitute a | 67 |
| defense. | 68 |
| (5) If the offense involves a felony violation of section | 69 |
| 2925.11 of the Revised Code, the offender sought medical | 70 |
| assistance for a drug-related overdose, and evidence related to | 71 |
| the offense was obtained as a result of the offender seeking that | 72 |
| medical assistance. | 73 |
| (6) If the offense involves a felony violation of section | 74 |
| 2925.11 of the Revised Code, the offender sought medical | 75 |
| assistance for someone other than the offender who was | 76 |
| experiencing a drug-related overdose, and evidence related to the | 77 |
| offense was obtained as a result of the offender seeking that | 78 |
| medical assistance. | 79 |
| (D) The sentencing court shall consider all of the following | 80 |
| that apply regarding the offender, and any other relevant factors, | 81 |
| as factors indicating that the offender is likely to commit future | 82 |
| crimes: | 83 |
| (1) At the time of committing the offense, the offender was | 84 |
| under release from confinement before trial or sentencing, under a | 85 |
| sanction imposed pursuant to section 2929.16, 2929.17, or 2929.18 | 86 |
| of the Revised Code, or under post-release control pursuant to | 87 |
| section 2967.28 or any other provision of the Revised Code for an | 88 |
| earlier offense or had been unfavorably terminated from | 89 |
| post-release control for a prior offense pursuant to division (B) | 90 |
| of section 2967.16 or section 2929.141 of the Revised Code. | 91 |
| (2) The offender previously was adjudicated a delinquent | 92 |
| child pursuant to Chapter 2151. of the Revised Code prior to | 93 |
| January 1, 2002, or pursuant to Chapter 2152. of the Revised Code, | 94 |
| or the offender has a history of criminal convictions. | 95 |
| (3) The offender has not been rehabilitated to a satisfactory | 96 |
| degree after previously being adjudicated a delinquent child | 97 |
| pursuant to Chapter 2151. of the Revised Code prior to January 1, | 98 |
| 2002, or pursuant to Chapter 2152. of the Revised Code, or the | 99 |
| offender has not responded favorably to sanctions previously | 100 |
| imposed for criminal convictions. | 101 |
| (4) The offender has demonstrated a pattern of drug or | 102 |
| alcohol abuse that is related to the offense, and the offender | 103 |
| refuses to acknowledge that the offender has demonstrated that | 104 |
| pattern, or the offender refuses treatment for the drug or alcohol | 105 |
| abuse. | 106 |
| (5) The offender shows no genuine remorse for the offense. | 107 |
| (E) The sentencing court shall consider all of the following | 108 |
| that apply regarding the offender, and any other relevant factors, | 109 |
| as factors indicating that the offender is not likely to commit | 110 |
| future crimes: | 111 |
| (1) Prior to committing the offense, the offender had not | 112 |
| been adjudicated a delinquent child. | 113 |
| (2) Prior to committing the offense, the offender had not | 114 |
| been convicted of or pleaded guilty to a criminal offense. | 115 |
| (3) Prior to committing the offense, the offender had led a | 116 |
| law-abiding life for a significant number of years. | 117 |
| (4) The offense was committed under circumstances not likely | 118 |
| to recur. | 119 |
| (5) The offender shows genuine remorse for the offense. | 120 |
| Sec. 2929.22. (A) Unless a mandatory jail term is required | 121 |
| to be imposed by division (G) of section 1547.99, division (B) of | 122 |
| section 4510.14, division (G) of section 4511.19 of the Revised | 123 |
| Code, or any other provision of the Revised Code a court that | 124 |
| imposes a sentence under this chapter upon an offender for a | 125 |
| misdemeanor or minor misdemeanor has discretion to determine the | 126 |
| most effective way to achieve the purposes and principles of | 127 |
| sentencing set forth in section 2929.21 of the Revised Code. | 128 |
| Unless a specific sanction is required to be imposed or is | 129 |
| precluded from being imposed by the section setting forth an | 130 |
| offense or the penalty for an offense or by any provision of | 131 |
| sections 2929.23 to 2929.28 of the Revised Code, a court that | 132 |
| imposes a sentence upon an offender for a misdemeanor may impose | 133 |
| on the offender any sanction or combination of sanctions under | 134 |
| sections 2929.24 to 2929.28 of the Revised Code. The court shall | 135 |
| not impose a sentence that imposes an unnecessary burden on local | 136 |
| government resources. | 137 |
| (B)(1) In determining the appropriate sentence for a | 138 |
| misdemeanor, the court shall consider all of the following | 139 |
| factors: | 140 |
| (a) The nature and circumstances of the offense or offenses; | 141 |
| (b) Whether the circumstances regarding the offender and the | 142 |
| offense or offenses indicate that the offender has a history of | 143 |
| persistent criminal activity and that the offender's character and | 144 |
| condition reveal a substantial risk that the offender will commit | 145 |
| another offense; | 146 |
| (c) Whether the circumstances regarding the offender and the | 147 |
| offense or offenses indicate that the offender's history, | 148 |
| character, and condition reveal a substantial risk that the | 149 |
| offender will be a danger to others and that the offender's | 150 |
| conduct has been characterized by a pattern of repetitive, | 151 |
| compulsive, or aggressive behavior with heedless indifference to | 152 |
| the consequences; | 153 |
| (d) Whether the victim's youth, age, disability, or other | 154 |
| factor made the victim particularly vulnerable to the offense or | 155 |
| made the impact of the offense more serious; | 156 |
| (e) Whether the offender is likely to commit future crimes in | 157 |
| general, in addition to the circumstances described in divisions | 158 |
| (B)(1)(b) and (c) of this section. | 159 |
| (2) In addition to the factors listed in division (B)(1) of | 160 |
| this section and in determining the appropriate sentence for a | 161 |
| misdemeanor violation of section 2925.11 of the Revised Code, a | 162 |
| court may consider either of the following for purposes of | 163 |
| indicating that an offender's conduct is less serious than conduct | 164 |
| normally constituting the offense: | 165 |
| (a) The offender sought medical assistance for a drug-related | 166 |
| overdose, and evidence related to the offense was obtained as a | 167 |
| result of the offender seeking that medical assistance. | 168 |
| (b) The offender sought medical assistance for someone other | 169 |
| than the offender who was experiencing a drug-related overdose, | 170 |
| and evidence related to the offense was obtained as a result of | 171 |
| the offender seeking that medical assistance. | 172 |
| (3) In determining the appropriate sentence for a | 173 |
|
misdemeanor, in addition to complying with | 174 |
| (B)(1) and (2) of this section, the court may consider any other | 175 |
| factors that are relevant to achieving the purposes and principles | 176 |
| of sentencing set forth in section 2929.21 of the Revised Code. | 177 |
| (C) Before imposing a jail term as a sentence for a | 178 |
| misdemeanor, a court shall consider the appropriateness of | 179 |
| imposing a community control sanction or a combination of | 180 |
| community control sanctions under sections 2929.25, 2929.26, | 181 |
| 2929.27, and 2929.28 of the Revised Code. A court may impose the | 182 |
| longest jail term authorized under section 2929.24 of the Revised | 183 |
| Code only upon offenders who commit the worst forms of the offense | 184 |
| or upon offenders whose conduct and response to prior sanctions | 185 |
| for prior offenses demonstrate that the imposition of the longest | 186 |
| jail term is necessary to deter the offender from committing a | 187 |
| future crime. | 188 |
| (D)(1) A sentencing court shall consider any relevant oral or | 189 |
| written statement made by the victim, the defendant, the defense | 190 |
| attorney, or the prosecuting authority regarding sentencing for a | 191 |
| misdemeanor. This division does not create any rights to notice | 192 |
| other than those rights authorized by Chapter 2930. of the Revised | 193 |
| Code. | 194 |
| (2) At the time of sentencing for a misdemeanor or as soon as | 195 |
| possible after sentencing, the court shall notify the victim of | 196 |
| the offense of the victim's right to file an application for an | 197 |
| award of reparations pursuant to sections 2743.51 to 2743.72 of | 198 |
| the Revised Code. | 199 |
| Section 2. That existing sections 2929.12 and 2929.22 of the | 200 |
| Revised Code are hereby repealed. | 201 |