Sub. S. B. No. 22 As Reported by the Senate Judiciary--Criminal Justice Committee

As Reported by the Senate Judiciary--Criminal Justice Committee

128th General Assembly

Regular Session

2009-2010

Sub. S. B. No. 22

Senator Seitz

A BILL

To amend sections 109.42, 307.93, 309.18, 926.99,

1333.99, 1707.99, 1716.99, 2743.191, 2909.03,

2909.05, 2909.11, 2913.02, 2913.03, 2913.04,

2913.11, 2913.21, 2913.31, 2913.32, 2913.34,

2913.40, 2913.401, 2913.42, 2913.421, 2913.43,

2913.45, 2913.46, 2913.47, 2913.48, 2913.49,

2913.51, 2913.61, 2915.05, 2917.21, 2917.31,

2917.32, 2919.21, 2921.13, 2921.34, 2921.41,

2923.31, 2925.01, 2925.03, 2925.05, 2925.11,

2929.01, 2929.13, 2929.14, 2929.20, 2929.26,

2929.34, 2930.16, 2930.17, 2950.99, 2951.041,

2967.05, 2967.14, 2967.193, 2967.28, 2981.07,

4507.51, 5120.07, 5120.10, 5120.111, 5120.59,

5120.60, 5120.66, 5149.01, 5149.10, 5149.33, and

5149.34 and to enact sections 307.932, 2967.19,

5120.035, and 5120.113 of the Revised Code to

increase from $500 to $1,000 the threshold

amount for determining increased penalties for

theft-related offenses and for certain elements

of "vandalism" and "engaging in a pattern of

corrupt activity"; to increase by 50% the other

threshold amounts for determining increased

penalties for those offenses; to provide that if

"nonsupport of dependents" is based on an

abandonment of or failure to support a child or

a person to whom a court order requires support

and is a felony the sentencing court generally

must first consider placing the offender on one

or more community control sanctions; to

eliminate the difference in criminal penalties

for crack cocaine and powder cocaine; to revise

some of the penalties for trafficking in

marihuana or hashish and for possession of

marihuana, cocaine, or hashish; to revise

procedures for notification of victims when

violent offenders escape from the Department of

Rehabilitation and Correction; to remove the

authority of the victim-related member of the

Parole Board to approve the hiring of employees

of the Office of Victims' Services; to modify the

number of Parole Board members required to

conduct a full Board hearing; to limit a member

of the Parole Board who is not the Chairperson or

a victim representative to two six-year terms;

to revise the eligibility criteria for, and

procedures governing, intervention in lieu of

conviction; to revise the eligibility criteria

for judicial release; to remove from the offense

of "escape" certain conduct by a person under

supervised release by the Department and specify

the method of sanctioning a person under

Department supervision who engages in that type

of conduct; to revise the procedure for prisoners

in state correctional institutions to earn days

of credit for productive participation in

specified prison programs; to require GPS

monitoring of a prisoner placed on post-release

control who was released early from prison due

to earning 60 or more days of credit; to enact a

new mechanism for the possible release with

sentencing court approval of Department inmates

who have served at least 85% of their prison

term; to expand the membership of a county's

local corrections planning board; to make changes

regarding halfway houses and community

residential centers and authorize reentry

centers; to provide for the placement in a skilled

nursing facility of an inmate who is in imminent

danger of death, medically incapacitated, or

terminally ill for care; to provide for the

establishment and operation of community

alternative sentencing centers for misdemeanants

sentenced directly to the centers under a

community residential sanction or an OVI term of

confinement not exceeding 30 days; to change the

membership of the Ex-offender Reentry Coalition by

reducing the number and functions of members from

the Governor's office and adding the Director of

Veterans Services; to remove judges from the

membership of a corrections commission and instead

have them form an advisory board; to require the

Department to develop a reentry plan for each

inmate committed to the Department who was not

sentenced to a term of life without parole or a

sentence of death and who is expected to be

imprisoned for more than 30 days; to revise the

procedures governing the Department's issuance of

an inmate identification card upon an inmate's

release and the use of such a card to obtain a

state identification card; to authorize, instead

of require, the Department to discontinue subsidy

payment to a political subdivision that reduces

local funding for corrections by the amount of a

community-based corrections subsidy or that uses

a subsidy for capital improvements; and to

require the Department, together with the

Department of Alcohol and Drug Addiction

Services, to develop an implementation plan

related to funding through the federal Second

Chance Act related to community reentry of

100

offenders.

101

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

Section 1. That sections 109.42, 307.93, 309.18, 926.99,	102
1333.99, 1707.99, 1716.99, 2743.191, 2909.03, 2909.05, 2909.11,	103
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.32,	104
2913.34, 2913.40, 2913.401, 2913.42, 2913.421, 2913.43, 2913.45,	105
2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2913.61, 2915.05,	106
2917.21, 2917.31, 2917.32, 2919.21, 2921.13, 2921.34, 2921.41,	107
2923.31, 2925.01, 2925.03, 2925.05, 2925.11, 2929.01, 2929.13,	108
2929.14, 2929.20, 2929.26, 2929.34, 2930.16, 2930.17, 2950.99,	109
2951.041, 2967.05, 2967.14, 2967.193, 2967.28, 2981.07, 4507.51,	110
5120.07, 5120.10, 5120.111, 5120.59, 5120.60, 5120.66, 5149.01,	111
5149.10, 5149.33, and 5149.34 be amended and sections 307.932,	112
2967.19, 5120.035, and 5120.113 of the Revised Code be enacted to	113
read as follows:	114

Sec. 109.42. (A) The attorney general shall prepare and have	115
printed a pamphlet that contains a compilation of all statutes	116
relative to victim's rights in which the attorney general lists	117
and explains the statutes in the form of a victim's bill of	118
rights. The attorney general shall distribute the pamphlet to	119
all sheriffs, marshals, municipal corporation and township police	120
departments, constables, and other law enforcement agencies, to	121
all prosecuting attorneys, city directors of law, village	122
solicitors, and other similar chief legal officers of municipal	123
corporations, and to organizations that represent or provide	124
services for victims of crime. The victim's bill of rights set	125
forth in the pamphlet shall contain a description of all of the	126
rights of victims that are provided for in Chapter 2930. or in any	127
other section of the Revised Code and shall include, but not be	128
limited to, all of the following:	129

(1) The right of a victim or a victim's representative to	130
attend a proceeding before a grand jury, in a juvenile case, or in	131
a criminal case pursuant to a subpoena without being discharged	132
from the victim's or representative's employment, having the	133
victim's or representative's employment terminated, having the	134
victim's or representative's pay decreased or withheld, or	135
otherwise being punished, penalized, or threatened as a result of	136
time lost from regular employment because of the victim's or	137
representative's attendance at the proceeding pursuant to the	138
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or	139
2945.451 of the Revised Code;	140

(2) The potential availability pursuant to section 2151.359	141
or 2152.61 of the Revised Code of a forfeited recognizance to pay	142
damages caused by a child when the delinquency of the child or	143
child's violation of probation or community control is found to be	144
proximately caused by the failure of the child's parent or	145
guardian to subject the child to reasonable parental authority or	146
to faithfully discharge the conditions of probation or community	147
control;	148

(3) The availability of awards of reparations pursuant to	149
sections 2743.51 to 2743.72 of the Revised Code for injuries	150
caused by criminal offenses;	151

(4) The right of the victim in certain criminal or juvenile	152
cases or a victim's representative to receive, pursuant to section	153
2930.06 of the Revised Code, notice of the date, time, and place	154
of the trial or delinquency proceeding in the case or, if there	155
will not be a trial or delinquency proceeding, information from	156
the prosecutor, as defined in section 2930.01 of the Revised Code,	157
regarding the disposition of the case;	158

(5) The right of the victim in certain criminal or juvenile	159
cases or a victim's representative to receive, pursuant to section	160
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the	161
name of the person charged with the violation, the case or docket	162
number assigned to the charge, and a telephone number or numbers	163
that can be called to obtain information about the disposition of	164
the case;	165

(6) The right of the victim in certain criminal or juvenile	166
cases or of the victim's representative pursuant to section	167
2930.13 or 2930.14 of the Revised Code, subject to any reasonable	168
terms set by the court as authorized under section 2930.14 of the	169
Revised Code, to make a statement about the victimization and, if	170
applicable, a statement relative to the sentencing or disposition	171
of the offender;	172

(7) The opportunity to obtain a court order, pursuant to	173
section 2945.04 of the Revised Code, to prevent or stop the	174
commission of the offense of intimidation of a crime victim or	175
witness or an offense against the person or property of the	176
complainant, or of the complainant's ward or child;	177

(8) The right of the victim in certain criminal or juvenile	178
cases or a victim's representative pursuant to sections 2151.38,	179
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to	180
receive notice of a pending motion for judicial release, release	181
pursuant to section 2967.19 of the Revised Code, or other early	182
release of the person who committed the offense against the	183
victim, to make an oral or written statement at the court hearing	184
on the motion, and to be notified of the court's decision on the	185
motion;	186

(9) The right of the victim in certain criminal or juvenile	187
cases or a victim's representative pursuant to section 2930.16,	188
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice	189
of any pending commutation, pardon, parole, transitional control,	190
discharge, other form of authorized release, post-release control,	191
or supervised release for the person who committed the offense	192
against the victim or any application for release of that person	193
and to send a written statement relative to the victimization and	194
the pending action to the adult parole authority or the release	195
authority of the department of youth services;	196

(10) The right of the victim to bring a civil action pursuant	197
to sections 2969.01 to 2969.06 of the Revised Code to obtain money	198
from the offender's profit fund;	199

(11) The right, pursuant to section 3109.09 of the Revised	200
Code, to maintain a civil action to recover compensatory damages	201
not exceeding ten thousand dollars and costs from the parent of a	202
minor who willfully damages property through the commission of an	203
act that would be a theft offense, as defined in section 2913.01	204
of the Revised Code, if committed by an adult;	205

(12) The right, pursuant to section 3109.10 of the Revised	206
Code, to maintain a civil action to recover compensatory damages	207
not exceeding ten thousand dollars and costs from the parent of a	208
minor who willfully and maliciously assaults a person;	209

(13) The possibility of receiving restitution from an	210
offender or a delinquent child pursuant to section 2152.20,	211
2929.18, or 2929.28 of the Revised Code;	212

(14) The right of the victim in certain criminal or juvenile	213
cases or a victim's representative, pursuant to section 2930.16 of	214
the Revised Code, to receive notice of the escape from confinement	215
or custody of the person who committed the offense, to receive	216
that notice from the custodial agency of the person at the	217
victim's last address or telephone number provided to the	218
custodial agency, and to receive notice that, if either the	219
victim's address or telephone number changes, it is in the	220
victim's interest to provide the new address or telephone number	221
to the custodial agency;	222

(15) The right of a victim of domestic violence to seek the	223
issuance of a civil protection order pursuant to section 3113.31	224
of the Revised Code, the right of a victim of a violation of	225
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22	226
of the Revised Code, a violation of a substantially similar	227
municipal ordinance, or an offense of violence who is a family or	228
household member of the offender at the time of the offense to	229
seek the issuance of a temporary protection order pursuant to	230
section 2919.26 of the Revised Code, and the right of both types	231
of victims to be accompanied by a victim advocate during court	232
proceedings;	233

(16) The right of a victim of a sexually oriented offense or	234
of a child-victim oriented offense that is committed by a person	235
who is convicted of, pleads guilty to, or is adjudicated a	236
delinquent child for committing the offense and who is in a	237
category specified in division (B) of section 2950.10 of the	238
Revised Code to receive, pursuant to that section, notice that	239
the person has registered with a sheriff under section 2950.04,	240
2950.041, or 2950.05 of the Revised Code and notice of the	241
person's name, the person's residence that is registered, and the	242
offender's school, institution of higher education, or place of	243
employment address or addresses that are registered, the person's	244
photograph, and a summary of the manner in which the victim must	245
make a request to receive the notice. As used in this division,	246
"sexually oriented offense" and "child-victim oriented offense"	247
have the same meanings as in section 2950.01 of the Revised Code.	248

(17) The right of a victim of certain sexually violent	249
offenses committed by an offender who also is convicted of or	250
pleads guilty to a sexually violent predator specification and who	251
is sentenced to a prison term pursuant to division (A)(3) of	252
section 2971.03 of the Revised Code, of a victim of a violation of	253
division (A)(1)(b) of section 2907.02 of the Revised Code	254
committed on or after January 2, 2007, by an offender who is	255
sentenced for the violation pursuant to division (B)(1)(a), (b),	256
or (c) of section 2971.03 of the Revised Code, of a victim of an	257
attempted rape committed on or after January 2, 2007, by an	258
offender who also is convicted of or pleads guilty to a	259
specification of the type described in section 2941.1418,	260
2941.1419, or 2941.1420 of the Revised Code and is sentenced for	261
the violation pursuant to division (B)(2)(a), (b), or (c) of	262
section 2971.03 of the Revised Code, and of a victim of an offense	263
that is described in division (B)(3)(a), (b), (c), or (d) of	264
section 2971.03 of the Revised Code and is committed by an	265
offender who is sentenced pursuant to one of those divisions to	266
receive, pursuant to section 2930.16 of the Revised Code, notice	267
of a hearing to determine whether to modify the requirement that	268
the offender serve the entire prison term in a state correctional	269
facility, whether to continue, revise, or revoke any existing	270
modification of that requirement, or whether to terminate the	271
prison term. As used in this division, "sexually violent offense"	272
and "sexually violent predator specification" have the same	273
meanings as in section 2971.01 of the Revised Code.	274

(B)(1)(a) Subject to division (B)(1)(c) of this section, a	275
prosecuting attorney, assistant prosecuting attorney, city	276
director of law, assistant city director of law, village	277
solicitor, assistant village solicitor, or similar chief legal	278
officer of a municipal corporation or an assistant of any of those	279
officers who prosecutes an offense committed in this state, upon	280
first contact with the victim of the offense, the victim's family,	281
or the victim's dependents, shall give the victim, the victim's	282
family, or the victim's dependents a copy of the pamphlet prepared	283
pursuant to division (A) of this section and explain, upon	284
request, the information in the pamphlet to the victim, the	285
victim's family, or the victim's dependents.	286

(b) Subject to division (B)(1)(c) of this section, a law	287
enforcement agency that investigates an offense or delinquent act	288
committed in this state shall give the victim of the offense or	289
delinquent act, the victim's family, or the victim's dependents a	290
copy of the pamphlet prepared pursuant to division (A) of this	291
section at one of the following times:	292

(i) Upon first contact with the victim, the victim's family,	293
or the victim's dependents;	294

(ii) If the offense or delinquent act is an offense of	295
violence, if the circumstances of the offense or delinquent act	296
and the condition of the victim, the victim's family, or the	297
victim's dependents indicate that the victim, the victim's family,	298
or the victim's dependents will not be able to understand the	299
significance of the pamphlet upon first contact with the agency,	300
and if the agency anticipates that it will have an additional	301
contact with the victim, the victim's family, or the victim's	302
dependents, upon the agency's second contact with the victim, the	303
victim's family, or the victim's dependents.	304

If the agency does not give the victim, the victim's family,	305
or the victim's dependents a copy of the pamphlet upon first	306
contact with them and does not have a second contact with the	307
victim, the victim's family, or the victim's dependents, the	308
agency shall mail a copy of the pamphlet to the victim, the	309
victim's family, or the victim's dependents at their last known	310
address.	311

(c) In complying on and after December 9, 1994, with the	312
duties imposed by division (B)(1)(a) or (b) of this section, an	313
official or a law enforcement agency shall use copies of the	314
pamphlet that are in the official's or agency's possession on	315
December 9, 1994, until the official or agency has distributed all	316
of those copies. After the official or agency has distributed all	317
of those copies, the official or agency shall use only copies of	318
the pamphlet that contain at least the information described in	319
divisions (A)(1) to (17) of this section.	320

(2) The failure of a law enforcement agency or of a	321
prosecuting attorney, assistant prosecuting attorney, city	322
director of law, assistant city director of law, village	323
solicitor, assistant village solicitor, or similar chief legal	324
officer of a municipal corporation or an assistant to any of those	325
officers to give, as required by division (B)(1) of this section,	326
the victim of an offense or delinquent act, the victim's family,	327
or the victim's dependents a copy of the pamphlet prepared	328
pursuant to division (A) of this section does not give the victim,	329
the victim's family, the victim's dependents, or a victim's	330
representative any rights under section 2743.51 to 2743.72,	331
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the	332
Revised Code or under any other provision of the Revised Code and	333
does not affect any right under those sections.	334

(3) A law enforcement agency, a prosecuting attorney or	335
assistant prosecuting attorney, or a city director of law,	336
assistant city director of law, village solicitor, assistant	337
village solicitor, or similar chief legal officer of a municipal	338
corporation that distributes a copy of the pamphlet prepared	339
pursuant to division (A) of this section shall not be required to	340
distribute a copy of an information card or other printed material	341
provided by the clerk of the court of claims pursuant to section	342
2743.71 of the Revised Code.	343

(C) The cost of printing and distributing the pamphlet	344
prepared pursuant to division (A) of this section shall be paid	345
out of the reparations fund, created pursuant to section 2743.191	346
of the Revised Code, in accordance with division (D) of that	347
section.	348

(D) As used in this section:

349

(1) "Victim's representative" has the same meaning as in	350
section 2930.01 of the Revised Code;	351

(2) "Victim advocate" has the same meaning as in section	352
2919.26 of the Revised Code.	353

Sec. 307.93. (A) The boards of county commissioners of two	354
or more adjacent counties may contract for the joint establishment	355
of a multicounty correctional center, and the board of county	356
commissioners of a county or the boards of two or more counties	357
may contract with any municipal corporation or municipal	358
corporations located in that county or those counties for the	359
joint establishment of a municipal-county or multicounty-municipal	360
correctional center. The center shall augment county and, where	361
applicable, municipal jail programs and facilities by providing	362
custody and rehabilitative programs for those persons under the	363
charge of the sheriff of any of the contracting counties or of the	364
officer or officers of the contracting municipal corporation or	365
municipal corporations having charge of persons incarcerated in	366
the municipal jail, workhouse, or other correctional facility who,	367
in the opinion of the sentencing court, need programs of custody	368
and rehabilitation not available at the county or municipal jail	369
and by providing custody and rehabilitative programs in accordance	370
with division (C) of this section, if applicable. The contract may	371
include, but need not be limited to, provisions regarding the	372
acquisition, construction, maintenance, repair, termination of	373
operations, and administration of the center. The contract shall	374
prescribe the manner of funding of, and debt assumption for, the	375
center and the standards and procedures to be followed in the	376
operation of the center. Except as provided in division (H) of	377
this section, the contracting counties and municipal corporations	378
shall form a corrections commission to oversee the administration	379
of the center. Members of the commission shall consist of the	380
sheriff of each participating county, ~~the president~~a member of	381
the board of county commissioners of each participating county,	382
~~the presiding judge of the court of common pleas of each~~	383
~~participating county, or, if the court of common pleas of a~~	384
~~participating county has only one judge, then that judge,~~ the	385
chief of police of each participating municipal corporation, and	386
the mayor or city manager of each participating municipal	387
corporation~~, and the presiding judge or the sole judge of the~~	388
~~municipal court of each participating municipal corporation~~. Any	389
of the foregoing officers may appoint a designee to serve in the	390
officer's place on the corrections commission. The standards and	391
procedures shall be formulated and agreed to by the commission and	392
may be amended at any time during the life of the contract by	393
agreement of the parties to the contract upon the advice of the	394
commission. The standards and procedures formulated by the	395
commission shall include, but need not be limited to, designation	396
of the person in charge of the center, designation of a fiscal	397
agent, the categories of employees to be employed at the center,	398
the appointing authority of the center, and the standards of	399
treatment and security to be maintained at the center. The person	400
in charge of, and all persons employed to work at, the center	401
shall have all the powers of police officers that are necessary	402
for the proper performance of the duties relating to their	403
positions at the center.	404

(B)(1) Upon the establishment of a corrections commission	405
under division (A) of this section, the judges specified in this	406
division shall form a judicial advisory board for the purpose of	407
making recommendations to the corrections commission on issues of	408
bed allocation, expansion of the center that the corrections	409
commission oversees, and other issues concerning the	410
administration of sentences or any other matter determined to be	411
appropriate by the corrections commission. The judges who shall	412
form the judicial advisory board for a corrections commission are	413
the administrative judge of the general division of the court of	414
common pleas of each county participating in the corrections	415
center, the presiding judge of the municipal court of each	416
municipal corporation participating in the corrections center,	417
and the presiding judge of each county court of each county	418
participating in the corrections center. Any of the foregoing	419
judges may appoint a designee to serve in the judge's place on	420
the judicial advisory board, provided that the designee shall be	421
a judge of the same court as the judge who makes the appointment.	422
The judicial advisory board for a corrections commission shall	423
meet with the corrections commission at least once each year.	424

(2) Each board of county commissioners that enters a contract	425
under division (A) of this section may appoint a building	426
commission pursuant to section 153.21 of the Revised Code. If any	427
commissions are appointed, they shall function jointly in the	428
construction of a multicounty or multicounty-municipal	429
correctional center with all the powers and duties authorized by	430
law.	431

(C) Prior to the acceptance for custody and rehabilitation	432
into a center established under this section of any persons who	433
are designated by the department of rehabilitation and correction,	434
who plead guilty to or are convicted of a felony of the fourth or	435
fifth degree, and who satisfy the other requirements listed in	436
section 5120.161 of the Revised Code, the corrections commission	437
of a center established under this section shall enter into an	438
agreement with the department of rehabilitation and correction	439
under section 5120.161 of the Revised Code for the custody and	440
rehabilitation in the center of persons who are designated by the	441
department, who plead guilty to or are convicted of a felony of	442
the fourth or fifth degree, and who satisfy the other requirements	443
listed in that section, in exchange for a per diem fee per person.	444
Persons incarcerated in the center pursuant to an agreement	445
entered into under this division shall be subject to supervision	446
and control in the manner described in section 5120.161 of the	447
Revised Code. This division does not affect the authority of a	448
court to directly sentence a person who is convicted of or pleads	449
guilty to a felony to the center in accordance with section	450
2929.16 of the Revised Code.	451

(D) Pursuant to section 2929.37 of the Revised Code, each	452
board of county commissioners and the legislative authority of	453
each municipal corporation that enters into a contract under	454
division (A) of this section may require a person who was	455
convicted of an offense, who is under the charge of the sheriff of	456
their county or of the officer or officers of the contracting	457
municipal corporation or municipal corporations having charge of	458
persons incarcerated in the municipal jail, workhouse, or other	459
correctional facility, and who is confined in the multicounty,	460
municipal-county, or multicounty-municipal correctional center as	461
provided in that division, to reimburse the applicable county or	462
municipal corporation for its expenses incurred by reason of the	463
person's confinement in the center.	464

(E) Notwithstanding any contrary provision in this section or	465
section 2929.18, 2929.28, or 2929.37 of the Revised Code, the	466
corrections commission of a center may establish a policy that	467
complies with section 2929.38 of the Revised Code and that	468
requires any person who is not indigent and who is confined in the	469
multicounty, municipal-county, or multicounty-municipal	470
correctional center to pay a reception fee, a fee for medical	471
treatment or service requested by and provided to that person, or	472
the fee for a random drug test assessed under division (E) of	473
section 341.26 of the Revised Code.	474

(F)(1) The corrections commission of a center established	475
under this section may establish a commissary for the center. The	476
commissary may be established either in-house or by another	477
arrangement. If a commissary is established, all persons	478
incarcerated in the center shall receive commissary privileges. A	479
person's purchases from the commissary shall be deducted from the	480
person's account record in the center's business office. The	481
commissary shall provide for the distribution to indigent persons	482
incarcerated in the center of necessary hygiene articles and	483
writing materials.	484

(2) If a commissary is established, the corrections	485
commission of a center established under this section shall	486
establish a commissary fund for the center. The management of	487
funds in the commissary fund shall be strictly controlled in	488
accordance with procedures adopted by the auditor of state.	489
Commissary fund revenue over and above operating costs and reserve	490
shall be considered profits. All profits from the commissary fund	491
shall be used to purchase supplies and equipment for the benefit	492
of persons incarcerated in the center and to pay salary and	493
benefits for employees of the center, or for any other persons,	494
who work in or are employed for the sole purpose of providing	495
service to the commissary. The corrections commission shall adopt	496
rules and regulations for the operation of any commissary fund it	497
establishes.	498

(G) In lieu of forming a corrections commission to administer	499
a multicounty correctional center or a municipal-county or	500
multicounty-municipal correctional center, the boards of county	501
commissioners and the legislative authorities of the municipal	502
corporations contracting to establish the center may also agree to	503
contract for the private operation and management of the center as	504
provided in section 9.06 of the Revised Code, but only if the	505
center houses only misdemeanant inmates. In order to enter into a	506
contract under section 9.06 of the Revised Code, all the boards	507
and legislative authorities establishing the center shall approve	508
and be parties to the contract.	509

(H) If a person who is convicted of or pleads guilty to an	510
offense is sentenced to a term in a multicounty correctional	511
center or a municipal-county or multicounty-municipal correctional	512
center or is incarcerated in the center in the manner described in	513
division (C) of this section, or if a person who is arrested for	514
an offense, and who has been denied bail or has had bail set and	515
has not been released on bail is confined in a multicounty	516
correctional center or a municipal-county or multicounty-municipal	517
correctional center pending trial, at the time of reception and at	518
other times the officer, officers, or other person in charge of	519
the operation of the center determines to be appropriate, the	520
officer, officers, or other person in charge of the operation of	521
the center may cause the convicted or accused offender to be	522
examined and tested for tuberculosis, HIV infection, hepatitis,	523
including but not limited to hepatitis A, B, and C, and other	524
contagious diseases. The officer, officers, or other person in	525
charge of the operation of the center may cause a convicted or	526
accused offender in the center who refuses to be tested or treated	527
for tuberculosis, HIV infection, hepatitis, including but not	528
limited to hepatitis A, B, and C, or another contagious disease to	529
be tested and treated involuntarily.	530

(I) As used in this section, "multicounty-municipal" means	531
more than one county and a municipal corporation, or more than one	532
municipal corporation and a county, or more than one municipal	533
corporation and more than one county.	534

Sec. 307.932. (A) As used in this section:

535

(1) "Division of parole and community services" means the	536
division of parole and community services of the department of	537
rehabilitation and correction.	538

(2) "Eligible offender" means, in relation to a particular	539
community alternative sentencing center or district community	540
alternative sentencing center established and operated under	541
division (E) of this section, an offender who has been convicted	542
of or pleaded guilty to a qualifying misdemeanor offense, for	543
whom no provision of the Revised Code or ordinance of a municipal	544
corporation other than section 4511.19 of the Revised Code or an	545
ordinance of a municipal corporation that provides the penalties	546
for a municipal OVI offense of the municipal corporation requires	547
the imposition of a mandatory jail term for that qualifying	548
misdemeanor offense, and who is eligible to be sentenced directly	549
to that center and admitted to it under rules adopted under	550
division (G) of this section by the board of county	551
commissioners or affiliated group of boards of county	552
commissioners that established and operates that center.	553

(3) "Municipal OVI offense" has the same meaning as in	554
section 4511.181 of the Revised Code.	555

(4) "OVI term of confinement" means a term of confinement	556
imposed for a violation of section 4511.19 of the Revised Code or	557
for a municipal OVI offense, including any mandatory jail term or	558
mandatory term of local incarceration imposed for that violation	559
or offense.	560

(5) "Community residential sanction" means a community	561
residential sanction imposed under section 2929.26 of the Revised	562
Code for a misdemeanor violation of a section of the Revised Code	563
or a term of confinement imposed for a misdemeanor violation of a	564
municipal ordinance that is not a jail term.	565

(6) "Qualifying misdemeanor offense" means a violation of any	566
section of the Revised Code that is a misdemeanor or a violation	567
of any ordinance of a municipal corporation located in the county	568
that is a misdemeanor.	569

(B)(1) The board of county commissioners of any county, in	570
consultation with the sheriff of the county, may formulate a	571
proposal for a community alternative sentencing center that, upon	572
implementation by the county or being subcontracted to or operated	573
by a nonprofit organization, would be used for the confinement of	574
eligible offenders sentenced directly to the center by a court	575
located in the county pursuant to a community residential sanction	576
of not more than thirty days or pursuant to an OVI term of	577
confinement of not more than thirty days, and for the purpose of	578
closely monitoring those eligible offenders' adjustment to	579
community supervision. A board that formulates a proposal	580
pursuant to this division shall do so by resolution.	581

(2) The boards of county commissioners of two or more	582
adjoining or neighboring counties, in consultation with the	583
sheriffs of each of those counties, may affiliate and formulate by	584
resolution adopted by each of them a proposal for a district	585
community alternative sentencing center that, upon implementation	586
by the counties or being subcontracted to or operated by a	587
nonprofit organization, would be used for the confinement of	588
eligible offenders sentenced directly to the center by a court	589
located in any of those counties pursuant to a community	590
residential sanction of not more than thirty days or pursuant to	591
an OVI term of confinement of not more than thirty days, and for	592
the purpose of closely monitoring those eligible offenders'	593
adjustment to community supervision. Each board that affiliates	594
with one or more other boards to formulate a proposal pursuant	595
to this division shall formulate the proposal by resolution.	596

(C) Each proposal for a community alternative sentencing	597
center or a district community alternative sentencing center that	598
is formulated under division (B)(1) or (2) of this section shall	599
include proposals for operation of the center and for criteria to	600
define which offenders are eligible to be sentenced directly to	601
the center and admitted to it. At a minimum, the proposed	602
criteria that define which offenders are eligible to be sentenced	603
directly to the center and admitted to it shall provide all of the	604
following:	605

(1) That an offender is eligible to be sentenced directly to	606
the center and admitted to it if the offender has been convicted	607
of or pleaded guilty to a qualifying misdemeanor offense and is	608
sentenced directly to the center for the qualifying misdemeanor	609
offense pursuant to a community residential sanction of not more	610
than thirty days or pursuant to an OVI term of confinement of not	611
more than thirty days by a court that is located in the county or	612
one of the counties served by the board of county commissioners	613
or by any of the affiliated group of boards of county	614
commissioners that submits the proposal;	615

(2) That no offender is eligible to be sentenced directly to	616
the center or admitted to it if, in addition to the community	617
residential sanction or OVI term of confinement described in	618
division (C)(1) of this section, the offender is serving or has	619
been sentenced to serve any other jail term, prison term, or	620
community residential sanction.	621

(D)(1) If a board of county commissioners formulates a	622
proposal for a community alternative sentencing center pursuant to	623
division (B)(1) of this section or an affiliated group of boards	624
of county commissioners formulates a proposal for a district	625
community alternative sentencing center pursuant to division	626
(B)(2) of this section, prior to establishing or operating the	627
center, the board or the affiliated group of boards shall submit	628
the proposal for certification to the division of parole and	629
community services of the department of rehabilitation and	630
correction for approval and certification pursuant to division	631
(F) of section 5120.10 of the Revised Code. The division may	632
approve and certify a center as a suitable facility for the care	633
and treatment of adult offenders only if the center complies with	634
the standards for the certification of the centers that the	635
division adopts by rule in accordance with Chapter 119. of the	636
Revised Code. The division shall inspect each center to which a	637
proposal submitted under this division applies and annually shall	638
inspect each center established or operated under an approved and	639
certified proposal to determine if the proposed or certified	640
center is in compliance with the certification standards. A board	641
or affiliated group of boards shall not establish or operate a	642
center without the division's approval and certification. The	643
approval and certification of a center by the division is not a	644
requirement for, and is not an affirmation that the division or	645
the department of rehabilitation and correction must or will	646
provide, funding for the operation of the center.	647

(2) If a proposal for a community alternative sentencing	648
center or a district community alternative sentencing center that	649
is formulated under division (B)(1) or (2) of this section	650
contemplates the use of an existing facility, or a part of an	651
existing facility, as the center, nothing in this section limits,	652
restricts, or precludes the use of the facility, the part of the	653
facility, or any other part of the facility for any purpose other	654
than as a community alternative sentencing center or district	655
community alternative sentencing center.	656

(E) Upon approval and certification by the division of parole	657
and community services of a proposal for a community alternative	658
sentencing center or for a district community alternative	659
sentencing center submitted to the division under division (D)	660
of this section, the board of county commissioners or the	661
affiliated group of boards of county commissioners that submitted	662
the proposal may establish and operate the center in accordance	663
with the approved and certified proposal, division (G) of this	664
section, and rules adopted under that division. The establishment	665
and operation of the center may be done by subcontracting with a	666
nonprofit organization for the operation of the center.	667

If a board of county commissioners or an affiliated group of	668
boards of county commissioners establishes and operates a	669
community alternative sentencing center or district community	670
alternative sentencing center under this division, except as	671
otherwise provided in this division, the center is not a minimum	672
security jail under section 341.14, section 753.21, or any other	673
provision of the Revised Code, is not a jail or alternative	674
residential facility as defined in section 2929.01 of the	675
Revised Code, is not required to satisfy or comply with minimum	676
standards for minimum security jails or other jails that are	677
promulgated under division (A) of section 5120.10 of the Revised	678
Code, is not a local detention facility as defined in section	679
2929.36 of the Revised Code, and is not a residential unit as	680
defined in section 2950.01 of the Revised Code. The center is a	681
detention facility as defined in sections 2921.01 and 2923.124	682
of the Revised Code, and an eligible offender confined in the	683
center is under detention as defined in section 2921.01 of the	684
Revised Code. Regarding persons sentenced directly to the center	685
under an OVI term of confinement, the center shall be considered	686
a "jail" or "local correctional facility" for purposes of any	687
provision in section 4511.19 of the Revised Code or in an	688
ordinance of a municipal corporation that requires a mandatory	689
jail term or mandatory term of local incarceration for the	690
violation of section 4511.19 of the Revised Code or the municipal	691
OVI offense, and a direct sentence of a person to the center	692
under an OVI term of confinement shall be considered to be a	693
sentence to a "jail" or "local correctional facility" for	694
purposes of any such provision in section 4511.19 of the Revised	695
Code or in an ordinance of a municipal corporation.	696

(F)(1) If the board of county commissioners of a county that	697
is being served by a community alternative sentencing center	698
established pursuant to division (E) of this section determines	699
that it no longer wants to be served by the center, the board may	700
dissolve the center by adopting a resolution evidencing the	701
determination to dissolve the center and notifying, in writing,	702
the division of parole and community services of the determination	703
to dissolve the center.	704

(2) If the boards of county commissioners of all of the	705
counties served by any district community alternative sentencing	706
center established pursuant to division (E) of this section	707
determine that they no longer want to be served by the center,	708
the boards may dissolve the center by adopting in each county a	709
resolution evidencing the determination to dissolve the center	710
and notifying, in writing, the division of parole and community	711
services of the determination to dissolve the center.	712

(3) If at least one, but not all, of the boards of county	713
commissioners of the counties being served by any district	714
community alternative sentencing center established pursuant to	715
division (E) of this section determines that it no longer wants	716
to be served by the center, the board may terminate its	717
involvement with the center by adopting a resolution evidencing	718
the determination to terminate its involvement with the center	719
and notifying, in writing, the division of parole and community	720
services of the determination to terminate its involvement with	721
the center. If at least one, but not all, of the boards of	722
county commissioners of the counties being served by any	723
community alternative sentencing center terminates its	724
involvement with the center in accordance with this division, the	725
other boards of county commissioners of the counties being served	726
by the center may continue to be served by the center.	727

(G) Upon approval and certification by the division of parole	728
and community services of a proposal for a community alternative	729
sentencing center or for a district community alternative	730
sentencing center submitted to it under division (D) of this	731
section, prior to establishing or operating the center, the	732
board of county commissioners or the affiliated group of boards	733
of county commissioners that submitted the proposal shall adopt	734
rules for the operation of the center. The rules shall include	735
criteria that define which offenders are eligible to be	736
sentenced directly to the center and admitted to it and the	737
criteria so included shall be consistent with the proposed	738
criteria included in the proposal approved and certified by the	739
division.	740

(H) If a board of county commissioners establishes and	741
operates a community alternative sentencing center under division	742
(E) of this section, or an affiliated group of boards of county	743
commissioners establishes and operates a district community	744
alternative sentencing center under that division, all of the	745
following apply:	746

(1) Any court located within the county served by the board	747
that establishes and operates a community correctional center may	748
directly sentence eligible offenders to the center pursuant to a	749
community residential sanction of not more than thirty days or	750
pursuant to an OVI term of confinement of not more than thirty	751
days. Any court located within a county served by any of the	752
boards that establishes and operates a district community	753
correctional center may directly sentence eligible offenders to	754
the center pursuant to a community residential sanction of not	755
more than thirty days or pursuant to an OVI term of confinement	756
of not more than thirty days.	757

(2) Each eligible offender who is sentenced to the center as	758
described in division (H)(1) of this section and admitted to it	759
shall be offered during the eligible offender's confinement at the	760
center educational and vocational services and reentry planning	761
and may be offered any other treatment and rehabilitative services	762
that are available and that the court that sentenced the	763
particular eligible offender to the center and the administrator	764
of the center determine are appropriate based upon the offense	765
for which the eligible offender was sentenced to the community	766
residential sanction and the length of the sanction.	767

(3) Before accepting an eligible offender sentenced to the	768
center by a court, the board or the affiliated group of boards	769
shall enter into an agreement with a political subdivision that	770
operates that court that addresses the cost and payment of medical	771
treatment or services received by eligible offenders sentenced by	772
that court while they are confined in the center. The agreement	773
may provide for the payment of the costs by the particular	774
eligible offender who receives the treatment or services, as	775
described in division (I) of this section.	776

(4) If a court sentences an eligible offender to a center	777
under authority of division (H)(1) of this section, immediately	778
after the sentence is imposed, the eligible offender shall be	779
taken to the probation department that serves the court. The	780
department shall handle any preliminary matters regarding the	781
admission of the eligible offender to the center, including a	782
determination as to whether the eligible offender may be admitted	783
to the center under the criteria included in the rules adopted	784
under division (G) of this section that define which offenders are	785
eligible to be sentenced and admitted to the center. If the	786
eligible offender is accepted for admission to the center, the	787
department shall schedule the eligible offender for the admission	788
and shall provide for the transportation of the offender to the	789
center. If an eligible offender who is sentenced to the center	790
under a community residential sanction is not accepted for	791
admission to the center for any reason, the nonacceptance shall	792
be considered a violation of a condition of the community	793
residential sanction, the eligible offender shall be taken before	794
the court that imposed the sentence, and the court may proceed as	795
specified in division (C)(2) of section 2929.25 of the Revised	796
Code based on the violation or as provided by ordinance of the	797
municipal corporation based on the violation, whichever is	798
applicable. If an eligible offender who is sentenced to the	799
center under an OVI term of confinement is not accepted for	800
admission to the center for any reason, the eligible offender	801
shall be taken before the court that imposed the sentence, and	802
the court shall determine the place at which the offender is to	803
serve the term of confinement. If the eligible offender is	804
admitted to the center, all of the following apply:	805

(a) The admission shall be under the terms and conditions	806
established by the court and the administrator of the center,	807
and the court and the administrator of the center shall provide	808
for the confinement of the eligible offender and supervise the	809
eligible offender as provided in divisions (H)(4)(b) to (f) of	810
this section.	811

(b) The eligible offender shall be confined in the center	812
during any period of time that the eligible offender is not	813
actually working at the eligible offender's approved work release	814
described in division (H)(4)(c) of this section, engaged in	815
community service activities described in division (H)(4)(d) of	816
this section, engaged in authorized vocational training or another	817
authorized educational program, engaged in another program	818
designated by the administrator of the center, or engaged in	819
other activities approved by the court and the administrator of	820
the center.	821

(c) If the court and the administrator of the center	822
determine that work release is appropriate based upon the	823
offense for which the eligible offender was sentenced to the	824
community residential sanction or OVI term of confinement and the	825
length of the sanction or term, the eligible offender may be	826
offered work release from confinement at the center and be	827
released from confinement while engaged in the work release.	828

(d) If the administrator of the center determines that	829
community service is appropriate and if the eligible offender	830
will be confined for more than ten days at the center, the	831
eligible offender may be required to participate in community	832
service activities approved by the political subdivision served	833
by the court. Community service activities that may be required	834
under this division may take place in facilities of the political	835
subdivision that operates the court, in the community, or in both	836
such locales. The eligible offender shall be released from	837
confinement while engaged in the community service activities.	838
Community service activities required under this division shall	839
be supervised by the court or an official designated by the	840
board of county commissioners or affiliated group of boards of	841
county commissioners that established and is operating the	842
center. Community service activities required under this	843
division shall not exceed in duration the period for which the	844
eligible offender will be confined at the center under the	845
community residential sanction or the OVI term of confinement.	846

(e) The confinement of the eligible offender in the center	847
shall be considered for purposes of this division and division	848
(H)(4)(f) of this section as including any period of time	849
described in division (H)(4)(b) of this section when the eligible	850
offender may be outside of the center and shall continue until the	851
expiration of the community residential sanction or OVI term of	852
confinement that the eligible offender is serving upon admission	853
to the center.	854

(f) After the admission and until the expiration of the	855
community residential sanction or OVI term of confinement that the	856
eligible offender is serving upon admission to the center, the	857
eligible offender shall be considered for purposes of any	858
provision in Title XXIX of the Revised Code to be serving the	859
community residential sanction or OVI term of confinement.	860

(5) The administrator of the center, or the administrator's	861
designee, shall post a sign as described in division (A)(4) of	862
section 2923.1212 of the Revised Code in a conspicuous location at	863
the center.	864

(I) The board of county commissioners that establishes and	865
operates a community alternative sentencing center under division	866
(E) of this section, or the affiliated group of boards of county	867
commissioners that establishes and operates a district community	868
alternative sentencing center under that division, may require an	869
eligible offender who is sentenced directly to the center and	870
admitted to it to pay to the county served by the board or the	871
counties served by the affiliated group of boards or the entity	872
operating the center the reasonable expenses incurred by the	873
county or counties, whichever is applicable, in supervising or	874
confining the eligible offender after being sentenced to the	875
center and admitted. Inability to pay those reasonable expenses	876
shall not be grounds for refusing to admit an otherwise eligible	877
offender to the center.	878

(J)(1) If an eligible offender who is directly sentenced to a	879
community alternative sentencing center or district community	880
alternative sentencing center and admitted to the center	881
successfully completes the service of the community residential	882
sanction in the center, the administrator of the center shall	883
notify the court that imposed the sentence, and the court shall	884
enter into the journal that the eligible offender successfully	885
completed the service of the sanction.	886

(2) If an eligible offender who is directly sentenced to a	887
community alternative sentencing center or district community	888
alternative sentencing center and admitted to the center violates	889
any rule established under this section by the board of county	890
commissioners or the affiliated group of boards of county	891
commissioners that establishes and operates the center, violates	892
any condition of the community residential sanction or OVI term of	893
confinement imposed by the sentencing court, or otherwise does	894
not successfully complete the service of the community	895
residential sanction or OVI term of confinement in the center, the	896
administrator of the center shall report the violation or failure	897
to successfully complete the sanction or term directly to the	898
court or to the probation department or probation officer with	899
general control and supervision over the eligible offender. A	900
failure to successfully complete the service of the community	901
residential sanction or OVI term of confinement in the center	902
shall be considered a violation of a condition of the community	903
residential sanction or the OVI term of confinement. If the	904
administrator reports the violation to the probation department or	905
probation officer, the department or officer shall report the	906
violation to the court. Upon its receipt under this division of a	907
report of a violation or failure to complete the sanction by a	908
person sentenced to the center under a community residential	909
sanction, the court may proceed as specified in division (C)(2)	910
of section 2929.25 of the Revised Code based on the violation or	911
as provided by ordinance of the municipal corporation based on	912
the violation, whichever is applicable. Upon its receipt under	913
this division of a report of a violation or failure to complete	914
the term by a person sentenced to the center under an OVI term of	915
confinement, the court shall determine the place at which the	916
offender is to serve the remainder of the term of confinement.	917
The eligible offender shall receive credit towards completing	918
the eligible offender's sentence for the time spent in the	919
center after admission to it.	920

Sec. 309.18. (A) If a prosecuting attorney of a county	921
receives notice from the ~~department of rehabilitation and~~	922
~~correction pursuant to section 5120.14 of the Revised Code that a~~	923
~~person indicted in that county for an offense of violence that is~~	924
~~a felony has escaped from a correctional institution under the~~	925
~~control of the department or otherwise has escaped from the~~	926
~~custody of the department, receives notice from the~~ sheriff of the	927
county pursuant to section 341.011 of the Revised Code that a	928
person indicted for or otherwise charged with an offense of	929
violence that is a felony and that was committed in the county has	930
escaped from the county jail or workhouse or otherwise has escaped	931
from the custody of the sheriff, or receives notice from a chief	932
of police or other chief law enforcement officer of a municipal	933
corporation pursuant to section 753.19 of the Revised Code that a	934
person indicted for or otherwise charged with an offense of	935
violence that is a felony and that was committed in the county has	936
escaped from a jail or workhouse of that municipal corporation or	937
otherwise has escaped from the custody of that municipal	938
corporation, the prosecuting attorney shall notify each victim of	939
an offense of violence that is a felony committed by that person	940
of the person's escape and, if applicable, of ~~his~~the person's	941
subsequent apprehension. The notice of escape shall be given as	942
soon as possible after receipt of the notice from the department,	943
sheriff, or chief law enforcement officer of the municipal	944
corporation and shall be given by telephone or in person, except	945
that, if a prosecuting attorney tries and fails to give the notice	946
of escape by telephone at the victim's last known telephone number	947
or tries and fails to give the notice of escape in person at the	948
victim's last known address, the notice of escape shall be given	949
to the victim at ~~his~~the victim's last known address by certified	950
mail, return receipt requested. The notice of apprehension shall	951
be given as soon as possible after the person is apprehended and	952
shall be given in the same manner as is the notice of escape.	953

Any prosecuting attorney who fails to give any notice	954
required by this ~~section~~division is immune from civil liability	955
for any injury, death, or loss to person or property that might be	956
incurred as a result of that failure to give notice.	957

(B) If a prosecuting attorney of a county receives notice	958
from the department of rehabilitation and correction pursuant to	959
section 5120.14 of the Revised Code or otherwise receives notice	960
from the department that a person who was convicted of or pleaded	961
guilty in that county to an offense of violence that is a felony	962
has escaped from a correctional institution under the control of	963
the department or otherwise has escaped from the custody of the	964
department, and if the office of victim services of the department	965
requests assistance from the prosecuting attorney in identifying	966
and locating the victim of the offense, the prosecuting attorney	967
promptly shall provide the information requested, if available, to	968
the office of victim services.	969

Sec. 926.99. (A)(1) Except as provided in division (A)(2)	970
of this section, whoever violates section 926.04 of the Revised	971
Code is guilty of a misdemeanor of the first degree on a first	972
offense and a felony of the fifth degree on each subsequent	973
offense.	974

(2) A person who violates section 926.04 of the Revised Code	975
and who is insolvent and financially unable to satisfy a claimant	976
as defined in section 926.021 of the Revised Code is guilty of a	977
felony of the fifth degree if the financial obligation owed by the	978
offender to the claimant is ~~five hundred~~one thousand dollars or	979
more and is less than ~~five~~seven thousand five hundred dollars.	980
If the financial obligation is ~~five~~seven thousand five hundred	981
dollars or more and is less than one hundred fifty thousand	982
dollars, the offender is guilty of a felony of the fourth	983
degree. If the financial obligation is one hundred fifty thousand	984
dollars or more, the offender is guilty of a felony of the third	985
degree.	986

(B) Whoever violates division (E) or (F) of section 926.20 or	987
division (A) of section 926.22 of the Revised Code is guilty of a	988
minor misdemeanor on a first offense and a misdemeanor of the	989
second degree on each subsequent offense.	990

(C) Whoever violates division (G) of section 926.20 or	991
section 926.34 or 926.35 of the Revised Code is guilty of a felony	992
of the fourth degree.	993

(D) Whoever violates division (A) of section 926.28 or	994
division (B) of section 926.29 of the Revised Code is guilty of a	995
felony of the fifth degree.	996

(E) Whoever violates section 926.31 of the Revised Code is	997
guilty of a misdemeanor of the fourth degree.	998

Sec. 1333.99. (A) Whoever violates sections 1333.01 to	999
1333.04 of the Revised Code is guilty of a minor misdemeanor.	1000

(B) Whoever violates section 1333.12 or 1333.71 of the	1001
Revised Code is guilty of a misdemeanor of the fourth degree.	1002

(C) Whoever violates section 1333.36 of the Revised Code is	1003
guilty of a misdemeanor of the third degree.	1004

(D) A prosecuting attorney may file an action to restrain any	1005
person found in violation of section 1333.36 of the Revised Code.	1006
Upon the filing of such an action, the common pleas court may	1007
receive evidence of such violation and forthwith grant a temporary	1008
restraining order as may be prayed for, pending a hearing on the	1009
merits of said cause.	1010

(E) Whoever violates division (A)(1) of section 1333.52 or	1011
section 1333.81 of the Revised Code is guilty of a misdemeanor of	1012
the first degree.	1013

(F) Whoever violates division (A)(2) or (B) of section	1014
1333.52 of the Revised Code is guilty of a misdemeanor of the	1015
second degree.	1016

(G) Except as otherwise provided in this division, whoever	1017
violates section 1333.92 of the Revised Code is guilty of a	1018
misdemeanor of the first degree. If the value of the compensation	1019
is ~~five hundred~~one thousand dollars or more and less than ~~five~~	1020
seven thousand five hundred dollars, whoever violates section	1021
1333.92 of the Revised Code is guilty of a felony of the fifth	1022
degree. If the value of the compensation is ~~five~~seven thousand	1023
five hundred dollars or more and less than one hundred fifty	1024
thousand dollars, whoever violates section 1333.92 of the	1025
Revised Code is guilty of a felony of the fourth degree. If the	1026
value of the compensation is one hundred fifty thousand dollars or	1027
more, whoever violates section 1333.92 of the Revised Code is	1028
guilty of a felony of the third degree.	1029

Sec. 1707.99. Whoever commits any act described in division	1030
(A) of section 1707.042 or section 1707.44 of the Revised Code is	1031
guilty of a violation of sections 1707.01 to 1707.45 of the	1032
Revised Code and the following apply to the offender:	1033

(A) If the value of the funds or securities involved in the	1034
offense or the loss to the victim is less than ~~five hundred~~one	1035
thousand dollars, the offender is guilty of a felony of the fifth	1036
degree, and the court may impose upon the offender an additional	1037
fine of not more than two thousand five hundred dollars.	1038

(B) If the value of the funds or securities involved in the	1039
offense or the loss to the victim is ~~five hundred~~one thousand	1040
dollars or more but less than ~~five~~seven thousand five hundred	1041
dollars, the offender is guilty of a felony of the fourth	1042
degree, and the court may impose upon the offender an	1043
additional fine of not more than five thousand dollars.	1044

(C) If the value of the funds or securities involved in the	1045
offense or the loss to the victim is ~~five~~seven thousand five	1046
hundred dollars or more but less than ~~twenty-five~~thirty-seven	1047
thousand five hundred dollars, the offender is guilty of a	1048
felony of the third degree, and the court may impose upon the	1049
offender an additional fine of not more than ten thousand dollars.	1050

(D) If the value of the funds or securities involved in the	1051
offense or the loss to the victim is ~~twenty-five~~thirty-seven	1052
thousand five hundred dollars or more but less than one hundred	1053
fifty thousand dollars, the offender is guilty of a felony of	1054
the second degree, and the court may impose upon the offender an	1055
additional fine of not more than fifteen thousand dollars.	1056

(E) If the value of the funds or securities involved in the	1057
offense or the loss to the victim is one hundred fifty thousand	1058
dollars or more, the offender is guilty of a felony of the first	1059
degree, and the court may impose upon the offender an additional	1060
fine of not more than twenty thousand dollars.	1061

Sec. 1716.99. (A) Whoever violates any provision of	1062
sections 1716.02 to 1716.17 of the Revised Code, other than	1063
division (A)(1) of section 1716.14 of the Revised Code, is guilty	1064
of a misdemeanor of the first degree.	1065

Each occurrence of a solicitation of a contribution from any	1066
person in violation of any provision of sections 1716.02 to	1067
1716.17 of the Revised Code, other than division (A)(1) of section	1068
1716.14 of the Revised Code, is considered a separate offense.	1069

(B)(1) Whoever violates division (A)(1) of section 1716.14 of	1070
the Revised Code is guilty of solicitation fraud and shall be	1071
punished as provided in divisions (B)(2) to (4) of this section.	1072

(2) Except as otherwise provided in division (B)(4) of this	1073
section, division (B)(3) of this section applies to solicitation	1074
fraud, and solicitation fraud is one of the following:	1075

(a) Except as otherwise provided in divisions (B)(2)(b) to	1076
(d) of this section, a misdemeanor of the first degree or, if the	1077
offender previously has been convicted of or pleaded guilty to a	1078
theft offense or a violation of division (A)(1) of section 1716.14	1079
of the Revised Code, a felony of the fifth degree.	1080

(b) If the value of the contribution or contributions made in	1081
the violation is ~~five hundred~~one thousand dollars or more but	1082
less than ~~five~~seven thousand five hundred dollars, a felony of	1083
the fifth degree or, if the offender previously has been	1084
convicted of or pleaded guilty to a theft offense or a	1085
violation of division (A)(1) of section 1716.14 of the Revised	1086
Code, a felony of the fourth degree.	1087

(c) If the value of the contribution or contributions made in	1088
the violation is ~~five~~seven thousand five hundred dollars or more	1089
but less than one hundred fifty thousand dollars, a felony of the	1090
fourth degree or, if the offender previously has been convicted	1091
of or pleaded guilty to a theft offense or a violation of	1092
division (A)(1) of section 1716.14 of the Revised Code, a felony	1093
of the third degree.	1094

(d) If the value of the contribution or contributions made in	1095
the violation is one hundred fifty thousand dollars or more, a	1096
felony of the third degree.	1097

(3) When an offender commits a series of offenses in	1098
violation of division (A)(1) of section 1716.14 of the Revised	1099
Code as part of a common scheme or plan to defraud multiple	1100
victims, all of the offenses may be tried as a single offense. If	1101
the offenses are tried as a single offense, the value of the	1102
contributions for purposes of determining the value as required by	1103
division (B)(2) of this section is the aggregate value of all	1104
contributions involved in all offenses in the common scheme or	1105
plan to defraud multiple victims. In prosecuting a single offense	1106
under this division, it is not necessary to separately allege and	1107
prove each offense in the series. Rather, it is sufficient to	1108
allege and prove that the offender, within a given span of time,	1109
committed one or more offenses as part of a common scheme or plan	1110
to defraud multiple victims as described in this division.	1111

(4) If the victim of the offense is an elderly person or	1112
disabled adult, division (B)(4) of this section and section	1113
2913.61 of the Revised Code apply to solicitation fraud, and	1114
solicitation fraud is one of the following:	1115

(a) Except as otherwise provided in divisions (B)(4)(b) to	1116
(d) of this section, a felony of the fifth degree;	1117

(b) If the value of the contributions made in the violation	1118
is ~~five hundred~~one thousand dollars or more and is less than	1119
~~five~~seven thousand five hundred dollars, a felony of the fourth	1120
degree;	1121

(c) If the value of the contributions made in the violation	1122
is ~~five~~seven thousand five hundred dollars or more and is less	1123
than ~~twenty-five~~thirty-seven thousand five hundred dollars, a	1124
felony of the third degree;	1125

(d) If the value of the contributions made in the violation	1126
is ~~twenty-five~~thirty-seven thousand five hundred dollars or more,	1127
a felony of the second degree.	1128

(C) Any person who is found guilty of any act or omission	1129
prohibited under this chapter shall forfeit the bond described in	1130
section 1716.05 or 1716.07 of the Revised Code to the state	1131
treasury to the credit of the charitable law fund established	1132
under section 109.32 of the Revised Code and shall be prohibited	1133
from registering with the attorney general or from serving as a	1134
fund-raising counsel or professional solicitor in this state for a	1135
period of five years after conviction.	1136

Sec. 2743.191. (A)(1) There is hereby created in the state	1137
treasury the reparations fund, which shall be used only for the	1138
following purposes:	1139

(a) The payment of awards of reparations that are granted by	1140
the attorney general;	1141

(b) The compensation of any personnel needed by the attorney	1142
general to administer sections 2743.51 to 2743.72 of the Revised	1143
Code;	1144

(c) The compensation of witnesses as provided in division (J)	1145
of section 2743.65 of the Revised Code;	1146

(d) Other administrative costs of hearing and determining	1147
claims for an award of reparations by the attorney general;	1148

(e) The costs of administering sections 2907.28 and 2969.01	1149
to 2969.06 of the Revised Code;	1150

(f) The costs of investigation and decision-making as	1151
certified by the attorney general;	1152

(g) The provision of state financial assistance to victim	1153
assistance programs in accordance with sections 109.91 and 109.92	1154
of the Revised Code;	1155

(h) The costs of paying the expenses of sex offense-related	1156
examinations and antibiotics pursuant to section 2907.28 of the	1157
Revised Code;	1158

(i) The cost of printing and distributing the pamphlet	1159
prepared by the attorney general pursuant to section 109.42 of the	1160
Revised Code;	1161

(j) Subject to division (D) of section 2743.71 of the Revised	1162
Code, the costs associated with the printing and providing of	1163
information cards or other printed materials to law enforcement	1164
agencies and prosecuting authorities and with publicizing the	1165
availability of awards of reparations pursuant to section 2743.71	1166
of the Revised Code;	1167

(k) The payment of costs of administering a DNA specimen	1168
collection procedure pursuant to sections 2152.74 and 2901.07 of	1169
the Revised Code, of performing DNA analysis of those DNA	1170
specimens, and of entering the resulting DNA records regarding	1171
those analyses into the DNA database pursuant to section 109.573	1172
of the Revised Code;	1173

(l) The payment of actual costs associated with initiatives	1174
by the attorney general for the apprehension, prosecution, and	1175
accountability of offenders, and the enhancing of services to	1176
crime victims. The amount of payments made pursuant to division	1177
(A)(1)(l) of this section during any given fiscal year shall not	1178
exceed five per cent of the balance of the reparations fund at the	1179
close of the immediately previous fiscal year;	1180

(m) The costs of administering the adult parole authority's	1181
supervision pursuant to division (E) of section 2971.05 of the	1182
Revised Code of sexually violent predators who are sentenced to a	1183
prison term pursuant to division (A)(3) of section 2971.03 of the	1184
Revised Code and of offenders who are sentenced to a prison term	1185
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	1186
(c), or (B)(3)(a), (b), (c), or (d) of that section;	1187

(n) The costs of installation and monitoring of an electronic	1188
monitoring device used in the monitoring of a respondent pursuant	1189
to an electronic monitoring order issued by a court under division	1190
(E)(1)(b) of section 2903.214 of the Revised Code if the court	1191
determines that the respondent is indigent or in the monitoring of	1192
an offender pursuant to an electronic monitoring order issued	1193
under division (B)(5) of section 2919.27 of the Revised Code if	1194
the court determines that the offender is indigent;	1195

(o) The costs of monitoring an offender by means of a global	1196
positioning device, if the offender is released from prison	1197
pursuant to section 2967.19 of the Revised Code, the court orders	1198
monitoring of the offender by the device pursuant to division (H)	1199
of that section, and the court determines that the offender is	1200
indigent.	1201

(2) All costs paid pursuant to section 2743.70 of the Revised	1202
Code, the portions of license reinstatement fees mandated by	1203
division (F)(2)(b) of section 4511.191 of the Revised Code to be	1204
credited to the fund, the portions of the proceeds of the sale of	1205
a forfeited vehicle specified in division (C)(2) of section	1206
4503.234 of the Revised Code, payments collected by the department	1207
of rehabilitation and correction from prisoners who voluntarily	1208
participate in an approved work and training program pursuant to	1209
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	1210
all moneys collected by the state pursuant to its right of	1211
subrogation provided in section 2743.72 of the Revised Code shall	1212
be deposited in the fund.	1213

(B) In making an award of reparations, the attorney general	1214
shall render the award against the state. The award shall be	1215
accomplished only through the following procedure, and the	1216
following procedure may be enforced by writ of mandamus directed	1217
to the appropriate official:	1218

(1) The attorney general shall provide for payment of the	1219
claimant or providers in the amount of the award only if the	1220
amount of the award is fifty dollars or more.	1221

(2) The expense shall be charged against all available	1222
unencumbered moneys in the fund.	1223

(3) If sufficient unencumbered moneys do not exist in the	1224
fund, the attorney general shall make application for payment of	1225
the award out of the emergency purposes account or any other	1226
appropriation for emergencies or contingencies, and payment out of	1227
this account or other appropriation shall be authorized if there	1228
are sufficient moneys greater than the sum total of then pending	1229
emergency purposes account requests or requests for releases from	1230
the other appropriations.	1231

(4) If sufficient moneys do not exist in the account or any	1232
other appropriation for emergencies or contingencies to pay the	1233
award, the attorney general shall request the general assembly to	1234
make an appropriation sufficient to pay the award, and no payment	1235
shall be made until the appropriation has been made. The attorney	1236
general shall make this appropriation request during the current	1237
biennium and during each succeeding biennium until a sufficient	1238
appropriation is made. If, prior to the time that an appropriation	1239
is made by the general assembly pursuant to this division, the	1240
fund has sufficient unencumbered funds to pay the award or part of	1241
the award, the available funds shall be used to pay the award or	1242
part of the award, and the appropriation request shall be amended	1243
to request only sufficient funds to pay that part of the award	1244
that is unpaid.	1245

(C) The attorney general shall not make payment on a decision	1246
or order granting an award until all appeals have been determined	1247
and all rights to appeal exhausted, except as otherwise provided	1248
in this section. If any party to a claim for an award of	1249
reparations appeals from only a portion of an award, and a	1250
remaining portion provides for the payment of money by the state,	1251
that part of the award calling for the payment of money by the	1252
state and not a subject of the appeal shall be processed for	1253
payment as described in this section.	1254

(D) The attorney general shall prepare itemized bills for the	1255
costs of printing and distributing the pamphlet the attorney	1256
general prepares pursuant to section 109.42 of the Revised Code.	1257
The itemized bills shall set forth the name and address of the	1258
persons owed the amounts set forth in them.	1259

(E) As used in this section, "DNA analysis" and "DNA	1260
specimen" have the same meanings as in section 109.573 of the	1261
Revised Code.	1262

Sec. 2909.03. (A) No person, by means of fire or explosion,	1263
shall knowingly do any of the following:	1264

(1) Cause, or create a substantial risk of, physical harm to	1265
any property of another without the other person's consent;	1266

(2) Cause, or create a substantial risk of, physical harm to	1267
any property of the offender or another, with purpose to defraud;	1268

(3) Cause, or create a substantial risk of, physical harm to	1269
the statehouse or a courthouse, school building, or other building	1270
or structure that is owned or controlled by the state, any	1271
political subdivision, or any department, agency, or	1272
instrumentality of the state or a political subdivision, and that	1273
is used for public purposes;	1274

(4) Cause, or create a substantial risk of, physical harm,	1275
through the offer or the acceptance of an agreement for hire or	1276
other consideration, to any property of another without the other	1277
person's consent or to any property of the offender or another	1278
with purpose to defraud;	1279

(5) Cause, or create a substantial risk of, physical harm to	1280
any park, preserve, wildlands, brush-covered land, cut-over land,	1281
forest, timberland, greenlands, woods, or similar real property	1282
that is owned or controlled by another person, the state, or a	1283
political subdivision without the consent of the other person, the	1284
state, or the political subdivision;	1285

(6) With purpose to defraud, cause, or create a substantial	1286
risk of, physical harm to any park, preserve, wildlands,	1287
brush-covered land, cut-over land, forest, timberland, greenlands,	1288
woods, or similar real property that is owned or controlled by the	1289
offender, another person, the state, or a political subdivision.	1290

(B)(1) Whoever violates this section is guilty of arson.

1291

(2) A violation of division (A)(1) of this section is one of	1292
the following:	1293

(a) Except as otherwise provided in division (B)(2)(b) of	1294
this section, a misdemeanor of the first degree;	1295

(b) If the value of the property or the amount of the	1296
physical harm involved is ~~five hundred~~one thousand dollars or	1297
more, a felony of the fourth degree.	1298

(3) A violation of division (A)(2), (3), (5), or (6) of this	1299
section is a felony of the fourth degree.	1300

(4) A violation of division (A)(4) of this section is a	1301
felony of the third degree.	1302

Sec. 2909.05. (A) No person shall knowingly cause serious	1303
physical harm to an occupied structure or any of its contents.	1304

(B)(1) No person shall knowingly cause physical harm to	1305
property that is owned or possessed by another, when either of the	1306
following applies:	1307

(a) The property is used by its owner or possessor in the	1308
owner's or possessor's profession, business, trade, or occupation,	1309
and the value of the property or the amount of physical harm	1310
involved is ~~five hundred~~one thousand dollars or more;	1311

(b) Regardless of the value of the property or the amount of	1312
damage done, the property or its equivalent is necessary in order	1313
for its owner or possessor to engage in the owner's or possessor's	1314
profession, business, trade, or occupation.	1315

(2) No person shall knowingly cause serious physical harm to	1316
property that is owned, leased, or controlled by a governmental	1317
entity. A governmental entity includes, but is not limited to, the	1318
state or a political subdivision of the state, a school district,	1319
the board of trustees of a public library or public university, or	1320
any other body corporate and politic responsible for governmental	1321
activities only in geographical areas smaller than that of the	1322
state.	1323

(C) No person, without privilege to do so, shall knowingly	1324
cause serious physical harm to any tomb, monument, gravestone, or	1325
other similar structure that is used as a memorial for the dead;	1326
to any fence, railing, curb, or other property that is used to	1327
protect, enclose, or ornament any cemetery; or to a cemetery.	1328

(D) No person, without privilege to do so, shall knowingly	1329
cause physical harm to a place of burial by breaking and entering	1330
into a tomb, crypt, casket, or other structure that is used as a	1331
memorial for the dead or as an enclosure for the dead.	1332

(E) Whoever violates this section is guilty of vandalism.	1333
Except as otherwise provided in this division, vandalism is a	1334
felony of the fifth degree that is punishable by a fine of up to	1335
two thousand five hundred dollars in addition to the penalties	1336
specified for a felony of the fifth degree in sections 2929.11 to	1337
2929.18 of the Revised Code. If the value of the property or the	1338
amount of physical harm involved is ~~five~~seven thousand five	1339
hundred dollars or more but less than one hundred fifty thousand	1340
dollars, vandalism is a felony of the fourth degree. If the	1341
value of the property or the amount of physical harm involved is	1342
one hundred fifty thousand dollars or more, vandalism is a felony	1343
of the third degree.	1344

(F) For purposes of this section:

1345

(1) "Cemetery" means any place of burial and includes burial	1346
sites that contain American Indian burial objects placed with or	1347
containing American Indian human remains.	1348

(2) "Serious physical harm" means physical harm to property	1349
that results in loss to the value of the property of ~~five hundred~~	1350
one thousand dollars or more.	1351

Sec. 2909.11. (A) When a person is charged with a violation	1352
of division (A)(1) of section 2909.03 of the Revised Code	1353
involving property value or an amount of physical harm of ~~five~~	1354
~~hundred~~one thousand dollars or more or with a violation of	1355
section 2909.05 of the Revised Code involving property value or	1356
an amount of physical harm of ~~five hundred~~one thousand dollars	1357
or more, the jury or court trying the accused shall determine the	1358
value of the property or amount of physical harm and, if a guilty	1359
verdict is returned, shall return the finding as part of the	1360
verdict. In any such case, it is unnecessary to find or return	1361
the exact value or amount of physical harm, section 2945.75 of	1362
the Revised Code applies, and it is sufficient if either of the	1363
following applies, as appropriate, relative to the finding and	1364
return of the value or amount of physical harm:	1365

(1) If the finding and return relate to a violation of	1366
division (A)(1) of section 2909.03 of the Revised Code and are	1367
that the value or amount of the physical harm was ~~five hundred~~	1368
one thousand dollars or more, the finding and return shall	1369
include a statement that the value or amount was ~~five hundred~~	1370
one thousand dollars or more.	1371

(2) If the finding and return relate to a violation of	1372
division section 2909.05 of the Revised Code and are that the	1373
value or amount of the physical harm was in any of the following	1374
categories, the finding and return shall include one of the	1375
following statements, as appropriate:	1376

(a) If the finding and return are that the value or amount	1377
was one hundred fifty thousand dollars or more, a statement that	1378
the value or amount was one hundred fifty thousand dollars or	1379
more;	1380

(b) If the finding and return are that the value or amount	1381
was ~~five~~seven thousand five hundred dollars or more but less than	1382
one hundred fifty thousand dollars a statement that the value or	1383
amount was ~~five~~seven thousand five hundred dollars or more but	1384
less than one hundred fifty thousand dollars;	1385

(c) If the finding and return are that the value or amount	1386
was ~~five hundred~~one thousand dollars or more but less than ~~five~~	1387
seven thousand five hundred dollars, a statement that the value	1388
or amount was ~~five hundred~~one thousand dollars or more but	1389
less than ~~five~~seven thousand five hundred dollars.	1390

(B) The following criteria shall be used in determining the	1391
value of property or amount of physical harm involved in a	1392
violation of division (A)(1) of section 2909.03 or section 2909.05	1393
of the Revised Code:	1394

(1) If the property is an heirloom, memento, collector's	1395
item, antique, museum piece, manuscript, document, record, or	1396
other thing that is either irreplaceable or is replaceable only on	1397
the expenditure of substantial time, effort, or money, the value	1398
of the property or the amount of physical harm involved is the	1399
amount that would compensate the owner for its loss.	1400

(2) If the property is not covered under division (B)(1) of	1401
this section and the physical harm is such that the property can	1402
be restored substantially to its former condition, the amount of	1403
physical harm involved is the reasonable cost of restoring the	1404
property.	1405

(3) If the property is not covered under division (B)(1) of	1406
this section and the physical harm is such that the property	1407
cannot be restored substantially to its former condition, the	1408
value of the property, in the case of personal property, is the	1409
cost of replacing the property with new property of like kind and	1410
quality, and, in the case of real property or real property	1411
fixtures, is the difference in the fair market value of the	1412
property immediately before and immediately after the offense.	1413

(C) As used in this section, "fair market value" has the same	1414
meaning as in section 2913.61 of the Revised Code.	1415

(D) Prima-facie evidence of the value of property, as	1416
provided in division (E) of section 2913.61 of the Revised Code,	1417
may be used to establish the value of property pursuant to this	1418
section.	1419

Sec. 2913.02. (A) No person, with purpose to deprive the	1420
owner of property or services, shall knowingly obtain or exert	1421
control over either the property or services in any of the	1422
following ways:	1423

(1) Without the consent of the owner or person authorized to	1424
give consent;	1425

(2) Beyond the scope of the express or implied consent of the	1426
owner or person authorized to give consent;	1427

(3) By deception;

1428

(4) By threat;

1429

(5) By intimidation.

1430

(B)(1) Whoever violates this section is guilty of theft.

1431

(2) Except as otherwise provided in this division or division	1432
(B)(3), (4), (5), (6), (7), or (8) of this section, a violation of	1433
this section is petty theft, a misdemeanor of the first degree. If	1434
the value of the property or services stolen is ~~five hundred~~one	1435
thousand dollars or more and is less than ~~five~~seven thousand five	1436
hundred dollars or if the property stolen is any of the property	1437
listed in section 2913.71 of the Revised Code, a violation of this	1438
section is theft, a felony of the fifth degree. If the value of	1439
the property or services stolen is ~~five~~seven thousand five	1440
hundred dollars or more and is less than one hundred fifty	1441
thousand dollars, a violation of this section is grand theft, a	1442
felony of the fourth degree. If the value of the property or	1443
services stolen is one hundred fifty thousand dollars or more and	1444
is less than ~~five~~seven hundred fifty thousand dollars, a	1445
violation of this section is aggravated theft, a felony of the	1446
third degree. If the value of the property or services is ~~five~~	1447
seven hundred fifty thousand dollars or more and is less than	1448
one million five hundred thousand dollars, a violation of this	1449
section is aggravated theft, a felony of the second degree. If	1450
the value of the property or services stolen is one million five	1451
hundred thousand dollars or more, a violation of this section is	1452
aggravated theft of one million five hundred thousand dollars or	1453
more, a felony of the first degree.	1454

(3) Except as otherwise provided in division (B)(4), (5),	1455
(6), (7), or (8) of this section, if the victim of the offense is	1456
an elderly person or disabled adult, a violation of this section	1457
is theft from an elderly person or disabled adult, and division	1458
(B)(3) of this section applies. Except as otherwise provided in	1459
this division, theft from an elderly person or disabled adult is a	1460
felony of the fifth degree. If the value of the property or	1461
services stolen is ~~five hundred~~one thousand dollars or more and	1462
is less than ~~five~~seven thousand five hundred dollars, theft from	1463
an elderly person or disabled adult is a felony of the fourth	1464
degree. If the value of the property or services stolen is ~~five~~	1465
seven thousand five hundred dollars or more and is less than	1466
~~twenty-five~~thirty-seven thousand five hundred dollars, theft from	1467
an elderly person or disabled adult is a felony of the third	1468
degree. If the value of the property or services stolen is	1469
~~twenty-five~~thirty-seven thousand five hundred dollars or more and	1470
is less than one hundred fifty thousand dollars, theft from an	1471
elderly person or disabled adult is a felony of the second degree.	1472
If the value of the property or services stolen is one hundred	1473
fifty thousand dollars or more, theft from an elderly person or	1474
disabled adult is a felony of the first degree.	1475

(4) If the property stolen is a firearm or dangerous	1476
ordnance, a violation of this section is grand theft. Except as	1477
otherwise provided in this division, grand theft when the property	1478
stolen is a firearm or dangerous ordnance is a felony of the third	1479
degree, and there is a presumption in favor of the court imposing	1480
a prison term for the offense. If the firearm or dangerous	1481
ordnance was stolen from a federally licensed firearms dealer,	1482
grand theft when the property stolen is a firearm or dangerous	1483
ordnance is a felony of the first degree. The offender shall serve	1484
a prison term imposed for grand theft when the property stolen is	1485
a firearm or dangerous ordnance consecutively to any other prison	1486
term or mandatory prison term previously or subsequently imposed	1487
upon the offender.	1488

(5) If the property stolen is a motor vehicle, a violation of	1489
this section is grand theft of a motor vehicle, a felony of the	1490
fourth degree.	1491

(6) If the property stolen is any dangerous drug, a violation	1492
of this section is theft of drugs, a felony of the fourth degree,	1493
or, if the offender previously has been convicted of a felony drug	1494
abuse offense, a felony of the third degree.	1495

(7) If the property stolen is a police dog or horse or an	1496
assistance dog and the offender knows or should know that the	1497
property stolen is a police dog or horse or an assistance dog, a	1498
violation of this section is theft of a police dog or horse or an	1499
assistance dog, a felony of the third degree.	1500

(8) If the property stolen is anhydrous ammonia, a violation	1501
of this section is theft of anhydrous ammonia, a felony of the	1502
third degree.	1503

(9) In addition to the penalties described in division (B)(2)	1504
of this section, if the offender committed the violation by	1505
causing a motor vehicle to leave the premises of an establishment	1506
at which gasoline is offered for retail sale without the offender	1507
making full payment for gasoline that was dispensed into the fuel	1508
tank of the motor vehicle or into another container, the court may	1509
do one of the following:	1510

(a) Unless division (B)(9)(b) of this section applies,	1511
suspend for not more than six months the offender's driver's	1512
license, probationary driver's license, commercial driver's	1513
license, temporary instruction permit, or nonresident operating	1514
privilege;	1515

(b) If the offender's driver's license, probationary driver's	1516
license, commercial driver's license, temporary instruction	1517
permit, or nonresident operating privilege has previously been	1518
suspended pursuant to division (B)(9)(a) of this section, impose a	1519
class seven suspension of the offender's license, permit, or	1520
privilege from the range specified in division (A)(7) of section	1521
4510.02 of the Revised Code, provided that the suspension shall be	1522
for at least six months.	1523

(10) In addition to the penalties described in division	1524
(B)(2) of this section, if the offender committed the violation by	1525
stealing rented property or rental services, the court may order	1526
that the offender make restitution pursuant to section 2929.18 or	1527
2929.28 of the Revised Code. Restitution may include, but is not	1528
limited to, the cost of repairing or replacing the stolen	1529
property, or the cost of repairing the stolen property and any	1530
loss of revenue resulting from deprivation of the property due to	1531
theft of rental services that is less than or equal to the actual	1532
value of the property at the time it was rented. Evidence of	1533
intent to commit theft of rented property or rental services	1534
shall be determined pursuant to the provisions of section	1535
2913.72 of the Revised Code.	1536

(C) The sentencing court that suspends an offender's license,	1537
permit, or nonresident operating privilege under division (B)(9)	1538
of this section may grant the offender limited driving privileges	1539
during the period of the suspension in accordance with Chapter	1540
4510. of the Revised Code.	1541

Sec. 2913.03. (A) No person shall knowingly use or operate	1542
an aircraft, motor vehicle, motorcycle, motorboat, or other	1543
motor-propelled vehicle without the consent of the owner or person	1544
authorized to give consent.	1545

(B) No person shall knowingly use or operate an aircraft,	1546
motor vehicle, motorboat, or other motor-propelled vehicle without	1547
the consent of the owner or person authorized to give consent, and	1548
either remove it from this state or keep possession of it for more	1549
than forty-eight hours.	1550

(C) The following are affirmative defenses to a charge under	1551
this section:	1552

(1) At the time of the alleged offense, the actor, though	1553
mistaken, reasonably believed that the actor was authorized to use	1554
or operate the property.	1555

(2) At the time of the alleged offense, the actor reasonably	1556
believed that the owner or person empowered to give consent would	1557
authorize the actor to use or operate the property.	1558

(D)(1) Whoever violates this section is guilty of	1559
unauthorized use of a vehicle.	1560

(2) Except as otherwise provided in division (D)(4) of this	1561
section, a violation of division (A) of this section is a	1562
misdemeanor of the first degree.	1563

(3) Except as otherwise provided in division (D)(4) of this	1564
section, a violation of division (B) of this section is a felony	1565
of the fifth degree.	1566

(4) If the victim of the offense is an elderly person or	1567
disabled adult and if the victim incurs a loss as a result of the	1568
violation, a violation of division (A) or (B) of this section is	1569
whichever of the following is applicable:	1570

(a) Except as otherwise provided in division (D)(4)(b), (c),	1571
or (d)~~, or (e)~~ of this section, a felony of the fifth degree;	1572

(b) If the loss to the victim is ~~five hundred~~one thousand	1573
dollars or more and is less than ~~five~~seven thousand five hundred	1574
dollars, a felony of the fourth degree;	1575

(c) If the loss to the victim is ~~five~~seven thousand five	1576
hundred dollars or more and is less than ~~twenty-five~~	1577
thirty-seven thousand five hundred dollars, a felony of the	1578
third degree;	1579

(d) If the loss to the victim is ~~twenty-five~~thirty-seven	1580
thousand five hundred dollars or more, a felony of the second	1581
degree.	1582

Sec. 2913.04. (A) No person shall knowingly use or operate	1583
the property of another without the consent of the owner or person	1584
authorized to give consent.	1585

(B) No person, in any manner and by any means, including, but	1586
not limited to, computer hacking, shall knowingly gain access to,	1587
attempt to gain access to, or cause access to be gained to any	1588
computer, computer system, computer network, cable service, cable	1589
system, telecommunications device, telecommunications service, or	1590
information service without the consent of, or beyond the scope of	1591
the express or implied consent of, the owner of the computer,	1592
computer system, computer network, cable service, cable system,	1593
telecommunications device, telecommunications service, or	1594
information service or other person authorized to give consent.	1595

(C) No person shall knowingly gain access to, attempt to gain	1596
access to, cause access to be granted to, or disseminate	1597
information gained from access to the law enforcement automated	1598
database system created pursuant to section 5503.10 of the Revised	1599
Code without the consent of, or beyond the scope of the express or	1600
implied consent of, the chair of the law enforcement automated	1601
data system steering committee.	1602

(D) The affirmative defenses contained in division (C) of	1603
section 2913.03 of the Revised Code are affirmative defenses to a	1604
charge under this section.	1605

(E)(1) Whoever violates division (A) of this section is	1606
guilty of unauthorized use of property.	1607

(2) Except as otherwise provided in division (E)(3) or (4) of	1608
this section, unauthorized use of property is a misdemeanor of the	1609
fourth degree.	1610

(3) Except as otherwise provided in division (E)(4) of this	1611
section, if unauthorized use of property is committed for the	1612
purpose of devising or executing a scheme to defraud or to obtain	1613
property or services, unauthorized use of property is whichever of	1614
the following is applicable:	1615

(a) Except as otherwise provided in division (E)(3)(b), (c),	1616
or (d) of this section, a misdemeanor of the first degree.	1617

(b) If the value of the property or services or the loss to	1618
the victim is ~~five hundred~~one thousand dollars or more and is	1619
less than ~~five~~seven thousand five hundred dollars, a felony of	1620
the fifth degree.	1621

(c) If the value of the property or services or the loss to	1622
the victim is ~~five~~seven thousand five hundred dollars or more and	1623
is less than one hundred fifty thousand dollars, a felony of the	1624
fourth degree.	1625

(d) If the value of the property or services or the loss to	1626
the victim is one hundred fifty thousand dollars or more, a felony	1627
of the third degree.	1628

(4) If the victim of the offense is an elderly person or	1629
disabled adult, unauthorized use of property is whichever of the	1630
following is applicable:	1631

(a) Except as otherwise provided in division (E)(4)(b), (c),	1632
or (d) of this section, a felony of the fifth degree;	1633

(b) If the value of the property or services or loss to the	1634
victim is ~~five hundred~~one thousand dollars or more and is less	1635
than ~~five~~seven thousand five hundred dollars, a felony of the	1636
fourth degree;	1637

(c) If the value of the property or services or loss to the	1638
victim is ~~five~~seven thousand five hundred dollars or more and is	1639
less than ~~twenty-five~~thirty-seven thousand five hundred dollars,	1640
a felony of the third degree;	1641

(d) If the value of the property or services or loss to the	1642
victim is ~~twenty-five~~thirty-seven thousand five hundred dollars	1643
or more, a felony of the second degree.	1644

(F)(1) Whoever violates division (B) of this section is	1645
guilty of unauthorized use of computer, cable, or	1646
telecommunication property, and shall be punished as provided in	1647
division (F)(2), (3), or (4) of this section.	1648

(2) Except as otherwise provided in division (F)(3) or (4) of	1649
this section, unauthorized use of computer, cable, or	1650
telecommunication property is a felony of the fifth degree.	1651

(3) Except as otherwise provided in division (F)(4) of this	1652
section, if unauthorized use of computer, cable, or	1653
telecommunication property is committed for the purpose of	1654
devising or executing a scheme to defraud or to obtain property or	1655
services, for obtaining money, property, or services by false or	1656
fraudulent pretenses, or for committing any other criminal	1657
offense, unauthorized use of computer, cable, or telecommunication	1658
property is whichever of the following is applicable:	1659

(a) Except as otherwise provided in division (F)(3)(b) of	1660
this section, if the value of the property or services involved or	1661
the loss to the victim is ~~five~~seven thousand five hundred dollars	1662
or more and less than one hundred fifty thousand dollars, a	1663
felony of the fourth degree;	1664

(b) If the value of the property or services involved or the	1665
loss to the victim is one hundred fifty thousand dollars or more,	1666
a felony of the third degree.	1667

(4) If the victim of the offense is an elderly person or	1668
disabled adult, unauthorized use of computer, cable, or	1669
telecommunication property is whichever of the following is	1670
applicable:	1671

(a) Except as otherwise provided in division (F)(4)(b), (c),	1672
or (d) of this section, a felony of the fifth degree;	1673

(b) If the value of the property or services or loss to the	1674
victim is ~~five hundred~~one thousand dollars or more and is less	1675
than ~~five~~seven thousand five hundred dollars, a felony of the	1676
fourth degree;	1677

(c) If the value of the property or services or loss to the	1678
victim is ~~five~~seven thousand five hundred dollars or more and is	1679
less than ~~twenty-five~~thirty-seven thousand five hundred	1680
dollars, a felony of the third degree;	1681

(d) If the value of the property or services or loss to the	1682
victim is ~~twenty-five~~thirty-seven thousand five hundred dollars	1683
or more, a felony of the second degree.	1684

(G) Whoever violates division (C) of this section is guilty	1685
of unauthorized use of the law enforcement automated database	1686
system, a felony of the fifth degree.	1687

(H) As used in this section:

1688

(1) "Cable operator" means any person or group of persons	1689
that does either of the following:	1690

(a) Provides cable service over a cable system and directly	1691
or through one or more affiliates owns a significant interest in	1692
that cable system;	1693

(b) Otherwise controls or is responsible for, through any	1694
arrangement, the management and operation of a cable system.	1695

(2) "Cable service" means any of the following:

1696

(a) The one-way transmission to subscribers of video	1697
programming or of information that a cable operator makes	1698
available to all subscribers generally;	1699

(b) Subscriber interaction, if any, that is required for the	1700
selection or use of video programming or of information that a	1701
cable operator makes available to all subscribers generally, both	1702
as described in division (H)(2)(a) of this section;	1703

1704

(3) "Cable system" means any facility, consisting of a set of	1705
closed transmission paths and associated signal generation,	1706
reception, and control equipment that is designed to provide cable	1707
service that includes video programming and that is provided to	1708
multiple subscribers within a community. "Cable system" does not	1709
include any of the following:	1710

(a) Any facility that serves only to retransmit the	1711
television signals of one or more television broadcast stations;	1712

(b) Any facility that serves subscribers without using any	1713
public right-of-way;	1714

(c) Any facility of a common carrier that, under 47 U.S.C.A.	1715
522(7)(c), is excluded from the term "cable system" as defined in	1716
47 U.S.C.A. 522(7);	1717

(d) Any open video system that complies with 47 U.S.C.A. 573;

1718

(e) Any facility of any electric utility used solely for	1719
operating its electric utility system.	1720

Sec. 2913.11. (A) As used in this section:

1721

(1) "Check" includes any form of debit from a demand deposit	1722
account, including, but not limited to any of the following:	1723

(a) A check, bill of exchange, draft, order of withdrawal, or	1724
similar negotiable or non-negotiable instrument;	1725

(b) An electronic check, electronic transaction, debit card	1726
transaction, check card transaction, substitute check, web check,	1727
or any form of automated clearing house transaction.	1728

(2) "Issue a check" means causing any form of debit from a	1729
demand deposit account.	1730

(B) No person, with purpose to defraud, shall issue or	1731
transfer or cause to be issued or transferred a check or other	1732
negotiable instrument, knowing that it will be dishonored or	1733
knowing that a person has ordered or will order stop payment on	1734
the check or other negotiable instrument.	1735

(C) For purposes of this section, a person who issues or	1736
transfers a check or other negotiable instrument is presumed to	1737
know that it will be dishonored if either of the following occurs:	1738

(1) The drawer had no account with the drawee at the time of	1739
issue or the stated date, whichever is later;	1740

(2) The check or other negotiable instrument was properly	1741
refused payment for insufficient funds upon presentment within	1742
thirty days after issue or the stated date, whichever is later,	1743
and the liability of the drawer, indorser, or any party who may be	1744
liable thereon is not discharged by payment or satisfaction within	1745
ten days after receiving notice of dishonor.	1746

(D) For purposes of this section, a person who issues or	1747
transfers a check, bill of exchange, or other draft is presumed	1748
to have the purpose to defraud if the drawer fails to comply	1749
with section 1349.16 of the Revised Code by doing any of the	1750
following when opening a checking account intended for personal,	1751
family, or household purposes at a financial institution:	1752

(1) Falsely stating that the drawer has not been issued a	1753
valid driver's or commercial driver's license or identification	1754
card issued under section 4507.50 of the Revised Code;	1755

(2) Furnishing such license or card, or another	1756
identification document that contains false information;	1757

(3) Making a false statement with respect to the drawer's	1758
current address or any additional relevant information reasonably	1759
required by the financial institution.	1760

(E) In determining the value of the payment for purposes of	1761
division (F) of this section, the court may aggregate all checks	1762
and other negotiable instruments that the offender issued or	1763
transferred or caused to be issued or transferred in violation of	1764
division (A) of this section within a period of one hundred eighty	1765
consecutive days.	1766

(F) Whoever violates this section is guilty of passing bad	1767
checks. Except as otherwise provided in this division, passing bad	1768
checks is a misdemeanor of the first degree. If the check or	1769
checks or other negotiable instrument or instruments are issued or	1770
transferred to a single vendor or single other person for the	1771
payment of ~~five hundred~~one thousand dollars or more but less than	1772
~~five~~seven thousand five hundred dollars or if the check or	1773
checks or other negotiable instrument or instruments are issued	1774
or transferred to multiple vendors or persons for the payment	1775
of one thousand five hundred dollars or more but less than ~~five~~	1776
seven thousand five hundred dollars, passing bad checks is a	1777
felony of the fifth degree. If the check or checks or other	1778
negotiable instrument or instruments are for the payment of ~~five~~	1779
seven thousand five hundred dollars or more but less than one	1780
hundred fifty thousand dollars, passing bad checks is a felony of	1781
the fourth degree. If the check or checks or other negotiable	1782
instrument or instruments are for the payment of one hundred	1783
fifty thousand dollars or more, passing bad checks is a felony of	1784
the third degree.	1785

Sec. 2913.21. (A) No person shall do any of the following:

1786

(1) Practice deception for the purpose of procuring the	1787
issuance of a credit card, when a credit card is issued in actual	1788
reliance thereon;	1789

(2) Knowingly buy or sell a credit card from or to a person	1790
other than the issuer.	1791

(B) No person, with purpose to defraud, shall do any of the	1792
following:	1793

(1) Obtain control over a credit card as security for a debt;

1794

(2) Obtain property or services by the use of a credit card,	1795
in one or more transactions, knowing or having reasonable cause to	1796
believe that the card has expired or been revoked, or was	1797
obtained, is retained, or is being used in violation of law;	1798

(3) Furnish property or services upon presentation of a	1799
credit card, knowing that the card is being used in violation of	1800
law;	1801

(4) Represent or cause to be represented to the issuer of a	1802
credit card that property or services have been furnished, knowing	1803
that the representation is false.	1804

(C) No person, with purpose to violate this section, shall	1805
receive, possess, control, or dispose of a credit card.	1806

(D)(1) Whoever violates this section is guilty of misuse of	1807
credit cards.	1808

(2) Except as otherwise provided in division (D)(4) of this	1809
section, a violation of division (A), (B)(1), or (C) of this	1810
section is a misdemeanor of the first degree.	1811

(3) Except as otherwise provided in this division or division	1812
(D)(4) of this section, a violation of division (B)(2), (3), or	1813
(4) of this section is a misdemeanor of the first degree. If the	1814
cumulative retail value of the property and services involved in	1815
one or more violations of division (B)(2), (3), or (4) of this	1816
section, which violations involve one or more credit card accounts	1817
and occur within a period of ninety consecutive days commencing on	1818
the date of the first violation, is ~~five hundred~~one thousand	1819
dollars or more and is less than ~~five~~seven thousand five hundred	1820
dollars, misuse of credit cards in violation of any of those	1821
divisions is a felony of the fifth degree. If the cumulative	1822
retail value of the property and services involved in one or	1823
more violations of division (B)(2), (3), or (4) of this	1824
section, which violations involve one or more credit card	1825
accounts and occur within a period of ninety consecutive days	1826
commencing on the date of the first violation, is ~~five~~seven	1827
thousand five hundred dollars or more and is less than one hundred	1828
fifty thousand dollars, misuse of credit cards in violation of	1829
any of those divisions is a felony of the fourth degree. If the	1830
cumulative retail value of the property and services involved in	1831
one or more violations of division (B)(2), (3), or (4) of this	1832
section, which violations involve one or more credit card accounts	1833
and occur within a period of ninety consecutive days commencing on	1834
the date of the first violation, is one hundred fifty thousand	1835
dollars or more, misuse of credit cards in violation of any of	1836
those divisions is a felony of the third degree.	1837

(4) If the victim of the offense is an elderly person or	1838
disabled adult, and if the offense involves a violation of	1839
division (B)(1) or (2) of this section, division (D)(4) of this	1840
section applies. Except as otherwise provided in division (D)(4)	1841
of this section, a violation of division (B)(1) or (2) of this	1842
section is a felony of the fifth degree. If the debt for which the	1843
card is held as security or the cumulative retail value of the	1844
property or services involved in the violation is ~~five hundred~~	1845
one thousand dollars or more and is less than ~~five~~seven thousand	1846
five hundred dollars, a violation of either of those divisions	1847
is a felony of the fourth degree. If the debt for which the	1848
card is held as security or the cumulative retail value of the	1849
property or services involved in the violation is ~~five~~seven	1850
thousand five hundred dollars or more and is less than	1851
~~twenty-five~~thirty-seven thousand five hundred dollars, a	1852
violation of either of those divisions is a felony of the	1853
third degree. If the debt for which the card is held as	1854
security or the cumulative retail value of the property or	1855
services involved in the violation is ~~twenty-five~~thirty-seven	1856
thousand five hundred dollars or more, a violation of either of	1857
those divisions is a felony of the second degree.	1858

Sec. 2913.31. (A) No person, with purpose to defraud, or	1859
knowing that the person is facilitating a fraud, shall do any of	1860
the following:	1861

(1) Forge any writing of another without the other person's	1862
authority;	1863

(2) Forge any writing so that it purports to be genuine when	1864
it actually is spurious, or to be the act of another who did not	1865
authorize that act, or to have been executed at a time or place or	1866
with terms different from what in fact was the case, or to be a	1867
copy of an original when no such original existed;	1868

(3) Utter, or possess with purpose to utter, any writing that	1869
the person knows to have been forged.	1870

(B) No person shall knowingly do either of the following:

1871

(1) Forge an identification card;

1872

(2) Sell or otherwise distribute a card that purports to be	1873
an identification card, knowing it to have been forged.	1874

As used in this division, "identification card" means a card	1875
that includes personal information or characteristics of an	1876
individual, a purpose of which is to establish the identity of the	1877
bearer described on the card, whether the words "identity,"	1878
"identification," "identification card," or other similar words	1879
appear on the card.	1880

(C)(1)(a) Whoever violates division (A) of this section is	1881
guilty of forgery.	1882

(b) Except as otherwise provided in this division or division	1883
(C)(1)(c) of this section, forgery is a felony of the fifth	1884
degree. If property or services are involved in the offense or	1885
the victim suffers a loss, forgery is one of the following:	1886

(i) If the value of the property or services or the loss to	1887
the victim is ~~five~~seven thousand five hundred dollars or more and	1888
is less than one hundred fifty thousand dollars, a felony of the	1889
fourth degree;	1890

(ii) If the value of the property or services or the loss to	1891
the victim is one hundred fifty thousand dollars or more, a felony	1892
of the third degree.	1893

(c) If the victim of the offense is an elderly person or	1894
disabled adult, division (C)(1)(c) of this section applies to the	1895
forgery. Except as otherwise provided in division (C)(1)(c) of	1896
this section, forgery is a felony of the fifth degree. If property	1897
or services are involved in the offense or if the victim suffers a	1898
loss, forgery is one of the following:	1899

(i) If the value of the property or services or the loss to	1900
the victim is ~~five hundred~~one thousand dollars or more and is	1901
less than ~~five~~seven thousand five hundred dollars, a felony of	1902
the fourth degree;	1903

(ii) If the value of the property or services or the loss to	1904
the victim is ~~five~~seven thousand five hundred dollars or more and	1905
is less than ~~twenty-five~~thirty-seven thousand five hundred	1906
dollars, a felony of the third degree;	1907

(iii) If the value of the property or services or the loss to	1908
the victim is ~~twenty-five~~thirty-seven thousand five hundred	1909
dollars or more, a felony of the second degree.	1910

(2) Whoever violates division (B) of this section is guilty	1911
of forging identification cards or selling or distributing forged	1912
identification cards. Except as otherwise provided in this	1913
division, forging identification cards or selling or distributing	1914
forged identification cards is a misdemeanor of the first degree.	1915
If the offender previously has been convicted of a violation of	1916
division (B) of this section, forging identification cards or	1917
selling or distributing forged identification cards is a	1918
misdemeanor of the first degree and, in addition, the court shall	1919
impose upon the offender a fine of not less than two hundred fifty	1920
dollars.	1921

Sec. 2913.32. (A) No person, with purpose to defraud, or	1922
knowing that the person is facilitating a fraud, shall do any of	1923
the following:	1924

(1) Make or alter any object so that it appears to have value	1925
because of antiquity, rarity, curiosity, source, or authorship,	1926
which it does not in fact possess;	1927

(2) Practice deception in making, retouching, editing, or	1928
reproducing any photograph, movie film, video tape, phonograph	1929
record, or recording tape;	1930

(3) Falsely or fraudulently make, simulate, forge, alter, or	1931
counterfeit any wrapper, label, stamp, cork, or cap prescribed by	1932
the liquor control commission under Chapters 4301. and 4303. of	1933
the Revised Code, falsely or fraudulently cause to be made,	1934
simulated, forged, altered, or counterfeited any wrapper, label,	1935
stamp, cork, or cap prescribed by the liquor control commission	1936
under Chapters 4301. and 4303. of the Revised Code, or use more	1937
than once any wrapper, label, stamp, cork, or cap prescribed by	1938
the liquor control commission under Chapters 4301. and 4303. of	1939
the Revised Code.	1940

(4) Utter, or possess with purpose to utter, any object that	1941
the person knows to have been simulated as provided in division	1942
(A)(1), (2), or (3) of this section.	1943

(B) Whoever violates this section is guilty of criminal	1944
simulation. Except as otherwise provided in this division,	1945
criminal simulation is a misdemeanor of the first degree. If the	1946
loss to the victim is ~~five hundred~~one thousand dollars or more	1947
and is less than ~~five~~seven thousand five hundred dollars,	1948
criminal simulation is a felony of the fifth degree. If the	1949
loss to the victim is ~~five~~seven thousand five hundred dollars	1950
or more and is less than one hundred fifty thousand dollars,	1951
criminal simulation is a felony of the fourth degree. If the	1952
loss to the victim is one hundred fifty thousand dollars or more,	1953
criminal simulation is a felony of the third degree.	1954

Sec. 2913.34. (A) No person shall knowingly do any of the	1955
following:	1956

(1) Attach, affix, or otherwise use a counterfeit mark in	1957
connection with the manufacture of goods or services, whether or	1958
not the goods or services are intended for sale or resale;	1959

(2) Possess, sell, or offer for sale tools, machines,	1960
instruments, materials, articles, or other items of personal	1961
property with the knowledge that they are designed for the	1962
production or reproduction of counterfeit marks;	1963

(3) Purchase or otherwise acquire goods, and keep or	1964
otherwise have the goods in the person's possession, with the	1965
knowledge that a counterfeit mark is attached to, affixed to, or	1966
otherwise used in connection with the goods and with the intent to	1967
sell or otherwise dispose of the goods;	1968

(4) Sell, offer for sale, or otherwise dispose of goods with	1969
the knowledge that a counterfeit mark is attached to, affixed to,	1970
or otherwise used in connection with the goods;	1971

(5) Sell, offer for sale, or otherwise provide services with	1972
the knowledge that a counterfeit mark is used in connection with	1973
that sale, offer for sale, or other provision of the services.	1974

(B)(1) Whoever violates this section is guilty of trademark	1975
counterfeiting.	1976

(2) Except as otherwise provided in this division, a	1977
violation of division (A)(1) of this section is a felony of the	1978
fifth degree. Except as otherwise provided in this division, if	1979
the cumulative sales price of the goods or services to which or in	1980
connection with which the counterfeit mark is attached, affixed,	1981
or otherwise used in the offense is five thousand dollars or more	1982
but less than one hundred thousand dollars or if the number of	1983
units of goods to which or in connection with which the	1984
counterfeit mark is attached, affixed, or otherwise used in the	1985
offense is more than one hundred units but less than one thousand	1986
units, a violation of division (A)(1) of this section is a felony	1987
of the fourth degree. If the cumulative sales price of the goods	1988
or services to which or in connection with which the counterfeit	1989
mark is attached, affixed, or otherwise used in the offense is one	1990
hundred thousand dollars or more or if the number of units of	1991
goods to which or in connection with which the counterfeit mark is	1992
attached, affixed, or otherwise used in the offense is one	1993
thousand units or more, a violation of division (A)(1) of this	1994
section is a felony of the third degree.	1995

(3) Except as otherwise provided in this division, a	1996
violation of division (A)(2) of this section is a misdemeanor of	1997
the first degree. If the circumstances of the violation indicate	1998
that the tools, machines, instruments, materials, articles, or	1999
other items of personal property involved in the violation were	2000
intended for use in the commission of a felony, a violation of	2001
division (A)(2) of this section is a felony of the fifth degree.	2002

(4) Except as otherwise provided in this division, a	2003
violation of division (A)(3), (4), or (5) of this section is a	2004
misdemeanor of the first degree. Except as otherwise provided in	2005
this division, if the cumulative sales price of the goods or	2006
services to which or in connection with which the counterfeit mark	2007
is attached, affixed, or otherwise used in the offense is ~~five~~	2008
~~hundred~~one thousand dollars or more but less than ~~five~~seven	2009
thousand five hundred dollars, a violation of division (A)(3),	2010
(4), or (5) of this section is a felony of the fifth degree.	2011
Except as otherwise provided in this division, if the	2012
cumulative sales price of the goods or services to which or in	2013
connection with which the counterfeit mark is attached, affixed,	2014
or otherwise used in the offense is ~~five~~seven thousand five	2015
hundred dollars or more but less than one hundred fifty thousand	2016
dollars or if the number of units of goods to which or in	2017
connection with which the counterfeit mark is attached, affixed,	2018
or otherwise used in the offense is more than one hundred units	2019
but less than one thousand units, a violation of division	2020
(A)(3), (4), or (5) of this section is a felony of the fourth	2021
degree. If the cumulative sales price of the goods or services	2022
to which or in connection with which the counterfeit mark is	2023
attached, affixed, or otherwise used in the offense is one	2024
hundred fifty thousand dollars or more or if the number of units	2025
of goods to which or in connection with which the counterfeit	2026
mark is attached, affixed, or otherwise used in the offense is	2027
one thousand units or more, a violation of division (A)(3),	2028
(4), or (5) of this section is a felony of the third degree.	2029

(C) A defendant may assert as an affirmative defense to a	2030
charge of a violation of this section defenses, affirmative	2031
defenses, and limitations on remedies that would be available in a	2032
civil, criminal, or administrative action or proceeding under the	2033
"Lanham Act," 60 Stat. 427-443 (1946), 15 U.S.C. 1051-1127, as	2034
amended, "The Trademark Counterfeiting Act of 1984," 98 Stat.	2035
2178, 18 U.S.C. 2320, as amended, Chapter 1329. or another section	2036
of the Revised Code, or common law.	2037

(D)(1) Law enforcement officers may seize pursuant to	2038
Criminal Rule 41 or Chapter 2933. or 2981. of the Revised Code	2039
either of the following:	2040

(a) Goods to which or in connection with which a person	2041
attached, affixed, otherwise used, or intended to attach, affix,	2042
or otherwise use a counterfeit mark in violation of this section;	2043

(b) Tools, machines, instruments, materials, articles,	2044
vehicles, or other items of personal property that are possessed,	2045
sold, offered for sale, or used in a violation of this section or	2046
in an attempt to commit or complicity in the commission of a	2047
violation of this section.	2048

(2) Notwithstanding any contrary provision of Chapter 2981.	2049
of the Revised Code, if a person is convicted of or pleads guilty	2050
to a violation of this section, an attempt to violate this	2051
section, or complicity in a violation of this section, the court	2052
involved shall declare that the goods described in division	2053
(D)(1)(a) of this section and the personal property described in	2054
division (D)(1)(b) of this section are contraband and are	2055
forfeited. Prior to the court's entry of judgment under Criminal	2056
Rule 32, the owner of a registered trademark or service mark that	2057
is the subject of the counterfeit mark may recommend a manner in	2058
which the forfeited goods and forfeited personal property should	2059
be disposed of. If that owner makes a timely recommendation of a	2060
manner of disposition, the court is not bound by the	2061
recommendation. If that owner makes a timely recommendation of a	2062
manner of disposition, the court may include in its entry of	2063
judgment an order that requires appropriate persons to dispose of	2064
the forfeited goods and forfeited personal property in the	2065
recommended manner. If that owner fails to make a timely	2066
recommendation of a manner of disposition or if that owner makes a	2067
timely recommendation of the manner of disposition but the court	2068
determines to not follow the recommendation, the court shall	2069
include in its entry of judgment an order that requires the law	2070
enforcement agency that employs the law enforcement officer who	2071
seized the forfeited goods or the forfeited personal property to	2072
destroy them or cause their destruction.	2073

(E) This section does not affect the rights of an owner of a	2074
trademark or a service mark, or the enforcement in a civil action	2075
or in administrative proceedings of the rights of an owner of a	2076
trademark or a service mark, under the "Lanham Act," 60 Stat.	2077
427-443 (1946), 15 U.S.C. 1051-1127, as amended, "The Trademark	2078
Counterfeiting Act of 1984," 92 Stat. 2178, 18 U.S.C. 2320, as	2079
amended, Chapter 1329. or another section of the Revised Code, or	2080
common law.	2081

(F) As used in this section:

2082

(1)(a) Except as provided in division (F)(1)(b) of this	2083
section, "counterfeit mark" means a spurious trademark or a	2084
spurious service mark that satisfies both of the following:	2085

(i) It is identical with or substantially indistinguishable	2086
from a mark that is registered on the principal register in the	2087
United States patent and trademark office for the same goods or	2088
services as the goods or services to which or in connection with	2089
which the spurious trademark or spurious service mark is attached,	2090
affixed, or otherwise used or from a mark that is registered with	2091
the secretary of state pursuant to sections 1329.54 to 1329.67 of	2092
the Revised Code for the same goods or services as the goods or	2093
services to which or in connection with which the spurious	2094
trademark or spurious service mark is attached, affixed, or	2095
otherwise used, and the owner of the registration uses the	2096
registered mark, whether or not the offender knows that the mark	2097
is registered in a manner described in division (F)(1)(a)(i) of	2098
this section.	2099

(ii) Its use is likely to cause confusion or mistake or to	2100
deceive other persons.	2101

(b) "Counterfeit mark" does not include a mark or other	2102
designation that is attached to, affixed to, or otherwise used in	2103
connection with goods or services if the holder of the right to	2104
use the mark or other designation authorizes the manufacturer,	2105
producer, or vendor of those goods or services to attach, affix,	2106
or otherwise use the mark or other designation in connection with	2107
those goods or services at the time of their manufacture,	2108
production, or sale.	2109

(2) "Cumulative sales price" means the product of the lowest	2110
single unit sales price charged or sought to be charged by an	2111
offender for goods to which or in connection with which a	2112
counterfeit mark is attached, affixed, or otherwise used or of the	2113
lowest single service transaction price charged or sought to be	2114
charged by an offender for services in connection with which a	2115
counterfeit mark is used, multiplied by the total number of those	2116
goods or services, whether or not units of goods are sold or are	2117
in an offender's possession, custody, or control.	2118

(3) "Registered trademark or service mark" means a trademark	2119
or service mark that is registered in a manner described in	2120
division (F)(1) of this section.	2121

(4) "Trademark" and "service mark" have the same meanings as	2122
in section 1329.54 of the Revised Code.	2123

Sec. 2913.40. (A) As used in this section:

2124

(1) "Statement or representation" means any oral, written,	2125
electronic, electronic impulse, or magnetic communication that is	2126
used to identify an item of goods or a service for which	2127
reimbursement may be made under the medical assistance program or	2128
that states income and expense and is or may be used to determine	2129
a rate of reimbursement under the medical assistance program.	2130

(2) "Medical assistance program" means the program	2131
established by the department of job and family services to	2132
provide medical assistance under section 5111.01 of the Revised	2133
Code and the medicaid program of Title XIX of the "Social Security	2134
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	2135

(3) "Provider" means any person who has signed a provider	2136
agreement with the department of job and family services to	2137
provide goods or services pursuant to the medical assistance	2138
program or any person who has signed an agreement with a party to	2139
such a provider agreement under which the person agrees to provide	2140
goods or services that are reimbursable under the medical	2141
assistance program.	2142

(4) "Provider agreement" means an oral or written agreement	2143
between the department of job and family services and a person in	2144
which the person agrees to provide goods or services under the	2145
medical assistance program.	2146

(5) "Recipient" means any individual who receives goods or	2147
services from a provider under the medical assistance program.	2148

(6) "Records" means any medical, professional, financial, or	2149
business records relating to the treatment or care of any	2150
recipient, to goods or services provided to any recipient, or to	2151
rates paid for goods or services provided to any recipient and any	2152
records that are required by the rules of the director of job and	2153
family services to be kept for the medical assistance program.	2154

(B) No person shall knowingly make or cause to be made a	2155
false or misleading statement or representation for use in	2156
obtaining reimbursement from the medical assistance program.	2157

(C) No person, with purpose to commit fraud or knowing that	2158
the person is facilitating a fraud, shall do either of the	2159
following:	2160

(1) Contrary to the terms of the person's provider agreement,	2161
charge, solicit, accept, or receive for goods or services that the	2162
person provides under the medical assistance program any property,	2163
money, or other consideration in addition to the amount of	2164
reimbursement under the medical assistance program and the	2165
person's provider agreement for the goods or services and any	2166
cost-sharing expenses authorized by section 5111.0112 of the	2167
Revised Code or rules adopted pursuant to section 5111.01,	2168
5111.011, or 5111.02 of the Revised Code.	2169

(2) Solicit, offer, or receive any remuneration, other than	2170
any cost-sharing expenses authorized by section 5111.0112 of the	2171
Revised Code or rules adopted under section 5111.01, 5111.011, or	2172
5111.02 of the Revised Code, in cash or in kind, including, but	2173
not limited to, a kickback or rebate, in connection with the	2174
furnishing of goods or services for which whole or partial	2175
reimbursement is or may be made under the medical assistance	2176
program.	2177

(D) No person, having submitted a claim for or provided goods	2178
or services under the medical assistance program, shall do either	2179
of the following for a period of at least six years after a	2180
reimbursement pursuant to that claim, or a reimbursement for those	2181
goods or services, is received under the medical assistance	2182
program:	2183

(1) Knowingly alter, falsify, destroy, conceal, or remove any	2184
records that are necessary to fully disclose the nature of all	2185
goods or services for which the claim was submitted, or for which	2186
reimbursement was received, by the person;	2187

(2) Knowingly alter, falsify, destroy, conceal, or remove any	2188
records that are necessary to disclose fully all income and	2189
expenditures upon which rates of reimbursements were based for the	2190
person.	2191

(E) Whoever violates this section is guilty of medicaid	2192
fraud. Except as otherwise provided in this division, medicaid	2193
fraud is a misdemeanor of the first degree. If the value of	2194
property, services, or funds obtained in violation of this section	2195
is ~~five hundred~~one thousand dollars or more and is less than ~~five~~	2196
seven thousand five hundred dollars, medicaid fraud is a felony	2197
of the fifth degree. If the value of property, services, or	2198
funds obtained in violation of this section is ~~five~~seven	2199
thousand five hundred dollars or more and is less than one	2200
hundred fifty thousand dollars, medicaid fraud is a felony of the	2201
fourth degree. If the value of the property, services, or funds	2202
obtained in violation of this section is one hundred fifty	2203
thousand dollars or more, medicaid fraud is a felony of the	2204
third degree.	2205

(F) Upon application of the governmental agency, office, or	2206
other entity that conducted the investigation and prosecution in a	2207
case under this section, the court shall order any person who is	2208
convicted of a violation of this section for receiving any	2209
reimbursement for furnishing goods or services under the medical	2210
assistance program to which the person is not entitled to pay to	2211
the applicant its cost of investigating and prosecuting the case.	2212
The costs of investigation and prosecution that a defendant is	2213
ordered to pay pursuant to this division shall be in addition to	2214
any other penalties for the receipt of that reimbursement that are	2215
provided in this section, section 5111.03 of the Revised Code, or	2216
any other provision of law.	2217

(G) The provisions of this section are not intended to be	2218
exclusive remedies and do not preclude the use of any other	2219
criminal or civil remedy for any act that is in violation of this	2220
section.	2221

Sec. 2913.401. (A) As used in this section:

2222

(1) "Medicaid benefits" means benefits under the medical	2223
assistance program established under Chapter 5111. of the Revised	2224
Code.	2225

(2) "Property" means any real or personal property or other	2226
asset in which a person has any legal title or interest.	2227

(B) No person shall knowingly do any of the following in an	2228
application for medicaid benefits or in a document that requires a	2229
disclosure of assets for the purpose of determining eligibility to	2230
receive medicaid benefits:	2231

(1) Make or cause to be made a false or misleading statement;

2232

(2) Conceal an interest in property;

2233

(3)(a) Except as provided in division (B)(3)(b) of this	2234
section, fail to disclose a transfer of property that occurred	2235
during the period beginning thirty-six months before submission of	2236
the application or document and ending on the date the application	2237
or document was submitted;	2238

(b) Fail to disclose a transfer of property that occurred	2239
during the period beginning sixty months before submission of the	2240
application or document and ending on the date the application or	2241
document was submitted and that was made to an irrevocable trust a	2242
portion of which is not distributable to the applicant for	2243
medicaid benefits or the recipient of medicaid benefits or to a	2244
revocable trust.	2245

(C)(1) Whoever violates this section is guilty of medicaid	2246
eligibility fraud. Except as otherwise provided in this division,	2247
a violation of this section is a misdemeanor of the first degree.	2248
If the value of the medicaid benefits paid as a result of the	2249
violation is ~~five hundred~~one thousand dollars or more and is less	2250
than ~~five~~seven thousand five hundred dollars, a violation of	2251
this section is a felony of the fifth degree. If the value of	2252
the medicaid benefits paid as a result of the violation is ~~five~~	2253
seven thousand five hundred dollars or more and is less than one	2254
hundred fifty thousand dollars, a violation of this section is	2255
a felony of the fourth degree. If the value of the medicaid	2256
benefits paid as a result of the violation is one hundred fifty	2257
thousand dollars or more, a violation of this section is a	2258
felony of the third degree.	2259

(2) In addition to imposing a sentence under division (C)(1)	2260
of this section, the court shall order that a person who is guilty	2261
of medicaid eligibility fraud make restitution in the full amount	2262
of any medicaid benefits paid on behalf of an applicant for or	2263
recipient of medicaid benefits for which the applicant or	2264
recipient was not eligible, plus interest at the rate applicable	2265
to judgments on unreimbursed amounts from the date on which the	2266
benefits were paid to the date on which restitution is made.	2267

(3) The remedies and penalties provided in this section are	2268
not exclusive and do not preclude the use of any other criminal or	2269
civil remedy for any act that is in violation of this section.	2270

(D) This section does not apply to a person who fully	2271
disclosed in an application for medicaid benefits or in a document	2272
that requires a disclosure of assets for the purpose of	2273
determining eligibility to receive medicaid benefits all of the	2274
interests in property of the applicant for or recipient of	2275
medicaid benefits, all transfers of property by the applicant for	2276
or recipient of medicaid benefits, and the circumstances of all	2277
those transfers.	2278

(E) Any amounts of medicaid benefits recovered as restitution	2279
under this section and any interest on those amounts shall be	2280
credited to the general revenue fund, and any applicable federal	2281
share shall be returned to the appropriate agency or department of	2282
the United States.	2283

Sec. 2913.42. (A) No person, knowing the person has no	2284
privilege to do so, and with purpose to defraud or knowing that	2285
the person is facilitating a fraud, shall do any of the following:	2286

(1) Falsify, destroy, remove, conceal, alter, deface, or	2287
mutilate any writing, computer software, data, or record;	2288

(2) Utter any writing or record, knowing it to have been	2289
tampered with as provided in division (A)(1) of this section.	2290

(B)(1) Whoever violates this section is guilty of tampering	2291
with records.	2292

(2) Except as provided in division (B)(4) of this section, if	2293
the offense does not involve data or computer software, tampering	2294
with records is whichever of the following is applicable:	2295

(a) If division (B)(2)(b) of this section does not apply, a	2296
misdemeanor of the first degree;	2297

(b) If the writing or record is a will unrevoked at the time	2298
of the offense, a felony of the fifth degree.	2299

(3) Except as provided in division (B)(4) of this section, if	2300
the offense involves a violation of division (A) of this section	2301
involving data or computer software, tampering with records is	2302
whichever of the following is applicable:	2303

(a) Except as otherwise provided in division (B)(3)(b), (c),	2304
or (d) of this section, a misdemeanor of the first degree;	2305

(b) If the value of the data or computer software involved in	2306
the offense or the loss to the victim is ~~five hundred~~one	2307
thousand dollars or more and is less than ~~five~~seven thousand	2308
five hundred dollars, a felony of the fifth degree;	2309

(c) If the value of the data or computer software involved in	2310
the offense or the loss to the victim is ~~five~~seven thousand five	2311
hundred dollars or more and is less than one hundred fifty	2312
thousand dollars, a felony of the fourth degree;	2313

(d) If the value of the data or computer software involved in	2314
the offense or the loss to the victim is one hundred fifty	2315
thousand dollars or more or if the offense is committed for the	2316
purpose of devising or executing a scheme to defraud or to obtain	2317
property or services and the value of the property or services	2318
or the loss to the victim is ~~five~~seven thousand five hundred	2319
dollars or more, a felony of the third degree.	2320

(4) If the writing, data, computer software, or record is	2321
kept by or belongs to a local, state, or federal governmental	2322
entity, a felony of the third degree.	2323

Sec. 2913.421. (A) As used in this section:

2324

(1) "Computer," "computer network," and "computer system"	2325
have the same meanings as in section 2913.01 of the Revised Code.	2326

(2) "Commercial electronic mail message" means any electronic	2327
mail message the primary purpose of which is the commercial	2328
advertisement or promotion of a commercial product or service,	2329
including content on an internet web site operated for a	2330
commercial purpose, but does not include a transactional or	2331
relationship message. The inclusion of a reference to a commercial	2332
entity or a link to the web site of a commercial entity does not,	2333
by itself, cause that message to be treated as a commercial	2334
electronic mail message for the purpose of this section, if the	2335
contents or circumstances of the message indicate a primary	2336
purpose other than commercial advertisement or promotion of a	2337
commercial product or service.	2338

(3) "Domain name" means any alphanumeric designation that is	2339
registered with or assigned by any domain name registrar, domain	2340
name registry, or other domain name registration authority as part	2341
of an electronic address on the internet.	2342

(4) "Electronic mail," "originating address," and "receiving	2343
address" have the same meanings as in section 2307.64 of the	2344
Revised Code.	2345

(5) "Electronic mail message" means each electronic mail	2346
addressed to a discrete addressee.	2347

(6) "Electronic mail service provider" means any person,	2348
including an internet service provider, that is an intermediary in	2349
sending and receiving electronic mail and that provides to the	2350
public electronic mail accounts or online user accounts from which	2351
electronic mail may be sent.	2352

(7) "Header information" means the source, destination, and	2353
routing information attached to an electronic mail message,	2354
including the originating domain name, the originating address,	2355
and technical information that authenticates the sender of an	2356
electronic mail message for computer network security or computer	2357
network management purposes.	2358

(8) "Initiate the transmission" or "initiated" means to	2359
originate or transmit a commercial electronic mail message or to	2360
procure the origination or transmission of that message,	2361
regardless of whether the message reaches its intended recipients,	2362
but does not include actions that constitute routine conveyance of	2363
such message.	2364

(9) "Internet" has the same meaning as in section 341.42 of	2365
the Revised Code.	2366

(10) "Internet protocol address" means the string of numbers	2367
by which locations on the internet are identified by routers or	2368
other computers connected to the internet.	2369

(11) "Materially falsify" means to alter or conceal in a	2370
manner that would impair the ability of a recipient of an	2371
electronic mail message, an electronic mail service provider	2372
processing an electronic mail message on behalf of a recipient, a	2373
person alleging a violation of this section, or a law enforcement	2374
agency to identify, locate, or respond to the person that	2375
initiated the electronic mail message or to investigate an alleged	2376
violation of this section.	2377

(12) "Multiple" means more than ten commercial electronic	2378
mail messages during a twenty-four-hour period, more than one	2379
hundred commercial electronic mail messages during a thirty-day	2380
period, or more than one thousand commercial electronic mail	2381
messages during a one-year period.	2382

(13) "Recipient" means a person who receives a commercial	2383
electronic mail message at any one of the following receiving	2384
addresses:	2385

(a) A receiving address furnished by an electronic mail	2386
service provider that bills for furnishing and maintaining that	2387
receiving address to a mailing address within this state;	2388

(b) A receiving address ordinarily accessed from a computer	2389
located within this state or by a person domiciled within this	2390
state;	2391

(c) Any other receiving address with respect to which this	2392
section can be imposed consistent with the United States	2393
Constitution.	2394

(14) "Routine conveyance" means the transmission, routing,	2395
relaying, handling, or storing, through an automated technical	2396
process, of an electronic mail message for which another person	2397
has identified the recipients or provided the recipient addresses.	2398

(15) "Transactional or relationship message" means an	2399
electronic mail message the primary purpose of which is to do any	2400
of the following:	2401

(a) Facilitate, complete, or confirm a commercial transaction	2402
that the recipient has previously agreed to enter into with the	2403
sender;	2404

(b) Provide warranty information, product recall information,	2405
or safety or security information with respect to a commercial	2406
product or service used or purchased by the recipient;	2407

(c) Provide notification concerning a change in the terms or	2408
features of; a change in the recipient's standing or status with	2409
respect to; or, at regular periodic intervals, account balance	2410
information or other type of account statement with respect to, a	2411
subscription, membership, account, loan, or comparable ongoing	2412
commercial relationship involving the ongoing purchase or use by	2413
the recipient of products or services offered by the sender;	2414

(d) Provide information directly related to an employment	2415
relationship or related benefit plan in which the recipient is	2416
currently involved, participating, or enrolled;	2417

(e) Deliver goods or services, including product updates or	2418
upgrades, that the recipient is entitled to receive under the	2419
terms of a transaction that the recipient has previously agreed to	2420
enter into with the sender.	2421

(B) No person, with regard to commercial electronic mail	2422
messages sent from or to a computer in this state, shall do any of	2423
the following:	2424

(1) Knowingly use a computer to relay or retransmit multiple	2425
commercial electronic mail messages, with the intent to deceive or	2426
mislead recipients or any electronic mail service provider, as to	2427
the origin of those messages;	2428

(2) Knowingly and materially falsify header information in	2429
multiple commercial electronic mail messages and purposely	2430
initiate the transmission of those messages;	2431

(3) Knowingly register, using information that materially	2432
falsifies the identity of the actual registrant, for five or more	2433
electronic mail accounts or online user accounts or two or more	2434
domain names and purposely initiate the transmission of multiple	2435
commercial electronic mail messages from one, or any combination,	2436
of those accounts or domain names;	2437

(4) Knowingly falsely represent the right to use five or more	2438
internet protocol addresses, and purposely initiate the	2439
transmission of multiple commercial electronic mail messages from	2440
those addresses.	2441

(C)(1) Whoever violates division (B) of this section is	2442
guilty of illegally transmitting multiple commercial electronic	2443
mail messages. Except as otherwise provided in division (C)(2) or	2444
(E) of this section, illegally transmitting multiple commercial	2445
electronic mail messages is a felony of the fifth degree.	2446

(2) Illegally transmitting multiple commercial electronic	2447
mail messages is a felony of the fourth degree if any of the	2448
following apply:	2449

(a) Regarding a violation of division (B)(3) of this section,	2450
the offender, using information that materially falsifies the	2451
identity of the actual registrant, knowingly registers for twenty	2452
or more electronic mail accounts or online user accounts or ten or	2453
more domain names, and purposely initiates, or conspires to	2454
initiate, the transmission of multiple commercial electronic mail	2455
messages from the accounts or domain names.	2456

(b) Regarding any violation of division (B) of this section,	2457
the volume of commercial electronic mail messages the offender	2458
transmitted in committing the violation exceeds two hundred and	2459
fifty during any twenty-four-hour period, two thousand five	2460
hundred during any thirty-day period, or twenty-five thousand	2461
during any one-year period.	2462

(c) Regarding any violation of division (B) of this section,	2463
during any one-year period the aggregate loss to the victim or	2464
victims of the violation is ~~five hundred~~one thousand dollars or	2465
more, or during any one-year period the aggregate value of the	2466
property or services obtained by any offender as a result of the	2467
violation is ~~five hundred~~one thousand dollars or more.	2468

(d) Regarding any violation of division (B) of this section,	2469
the offender committed the violation with three or more other	2470
persons with respect to whom the offender was the organizer or	2471
leader of the activity that resulted in the violation.	2472

(e) Regarding any violation of division (B) of this section,	2473
the offender knowingly assisted in the violation through the	2474
provision or selection of electronic mail addresses to which the	2475
commercial electronic mail message was transmitted, if that	2476
offender knew that the electronic mail addresses of the recipients	2477
were obtained using an automated means from an internet web site	2478
or proprietary online service operated by another person, and that	2479
web site or online service included, at the time the electronic	2480
mail addresses were obtained, a notice stating that the operator	2481
of that web site or online service will not transfer addresses	2482
maintained by that web site or online service to any other party	2483
for the purposes of initiating the transmission of, or enabling	2484
others to initiate the transmission of, electronic mail messages.	2485

(f) Regarding any violation of division (B) of this section,	2486
the offender knowingly assisted in the violation through the	2487
provision or selection of electronic mail addresses of the	2488
recipients obtained using an automated means that generates	2489
possible electronic mail addresses by combining names, letters, or	2490
numbers into numerous permutations.	2491

(D)(1) No person, with regard to commercial electronic mail	2492
messages sent from or to a computer in this state, shall knowingly	2493
access a computer without authorization and purposely initiate the	2494
transmission of multiple commercial electronic mail messages from	2495
or through the computer.	2496

(2) Except as otherwise provided in division (E) of this	2497
section, whoever violates division (D)(1) of this section is	2498
guilty of unauthorized access of a computer, a felony of the	2499
fourth degree.	2500

(E) Illegally transmitting multiple commercial electronic	2501
mail messages and unauthorized access of a computer in violation	2502
of this section are felonies of the third degree if the offender	2503
previously has been convicted of a violation of this section, or a	2504
violation of a law of another state or the United States regarding	2505
the transmission of electronic mail messages or unauthorized	2506
access to a computer, or if the offender committed the violation	2507
of this section in the furtherance of a felony.	2508

(F)(1) The attorney general or an electronic mail service	2509
provider that is injured by a violation of this section may bring	2510
a civil action in an appropriate court of common pleas of this	2511
state seeking relief from any person whose conduct violated this	2512
section. The civil action may be commenced at any time within one	2513
year of the date after the act that is the basis of the civil	2514
action.	2515

(2) In a civil action brought by the attorney general	2516
pursuant to division (F)(1) of this section for a violation of	2517
this section, the court may award temporary, preliminary, or	2518
permanent injunctive relief. The court also may impose a civil	2519
penalty against the offender, as the court considers just, in an	2520
amount that is the lesser of: (a) twenty-five thousand dollars for	2521
each day a violation occurs, or (b) not less than two dollars but	2522
not more than eight dollars for each commercial electronic mail	2523
message initiated in violation of this section.	2524

(3) In a civil action brought by an electronic mail service	2525
provider pursuant to division (F)(1) of this section for a	2526
violation of this section, the court may award temporary,	2527
preliminary, or permanent injunctive relief, and also may award	2528
damages in an amount equal to the greater of the following:	2529

(a) The sum of the actual damages incurred by the electronic	2530
mail service provider as a result of a violation of this section,	2531
plus any receipts of the offender that are attributable to a	2532
violation of this section and that were not taken into account in	2533
computing actual damages;	2534

(b) Statutory damages, as the court considers just, in an	2535
amount that is the lesser of: (i) twenty-five thousand dollars for	2536
each day a violation occurs, or (ii) not less than two dollars but	2537
not more than eight dollars for each commercial electronic mail	2538
message initiated in violation of this section.	2539

(4) In assessing damages awarded under division (F)(3) of	2540
this section, the court may consider whether the offender has	2541
established and implemented, with due care, commercially	2542
reasonable practices and procedures designed to effectively	2543
prevent the violation, or the violation occurred despite	2544
commercially reasonable efforts to maintain the practices and	2545
procedures established.	2546

(G) Any equipment, software, or other technology of a person	2547
who violates this section that is used or intended to be used in	2548
the commission of a violation of this section, and any real or	2549
personal property that constitutes or is traceable to the gross	2550
proceeds obtained from the commission of a violation of this	2551
section, is contraband and is subject to seizure and forfeiture	2552
pursuant to Chapter 2981. of the Revised Code.	2553

(H) The attorney general may bring a civil action, pursuant	2554
to the "CAN-SPAM Act of 2003," Pub. L. No. 108-187, 117 Stat.	2555
2699, 15 U.S.C. 7701 et seq., on behalf of the residents of the	2556
state in a district court of the United States that has	2557
jurisdiction for a violation of the CAN-SPAM Act of 2003, but the	2558
attorney general shall not bring a civil action under both this	2559
division and division (F) of this section. If a federal court	2560
dismisses a civil action brought under this division for reasons	2561
other than upon the merits, a civil action may be brought under	2562
division (F) of this section in the appropriate court of common	2563
pleas of this state.	2564

(I) Nothing in this section shall be construed:

2565

(1) To require an electronic mail service provider to block,	2566
transmit, route, relay, handle, or store certain types of	2567
electronic mail messages;	2568

(2) To prevent or limit, in any way, an electronic mail	2569
service provider from adopting a policy regarding electronic mail,	2570
including a policy of declining to transmit certain types of	2571
electronic mail messages, or from enforcing such policy through	2572
technical means, through contract, or pursuant to any remedy	2573
available under any other federal, state, or local criminal or	2574
civil law;	2575

(3) To render lawful any policy adopted under division (I)(2)	2576
of this section that is unlawful under any other law.	2577

Sec. 2913.43. (A) No person, by deception, shall cause	2578
another to execute any writing that disposes of or encumbers	2579
property, or by which a pecuniary obligation is incurred.	2580

(B)(1) Whoever violates this section is guilty of securing	2581
writings by deception.	2582

(2) Except as otherwise provided in this division or division	2583
(B)(3) of this section, securing writings by deception is a	2584
misdemeanor of the first degree. If the value of the property or	2585
the obligation involved is ~~five hundred~~one thousand dollars or	2586
more and less than ~~five~~seven thousand five hundred dollars,	2587
securing writings by deception is a felony of the fifth degree.	2588
If the value of the property or the obligation involved is ~~five~~	2589
seven thousand five hundred dollars or more and is less than	2590
one hundred fifty thousand dollars, securing writings by	2591
deception is a felony of the fourth degree. If the value of the	2592
property or the obligation involved is one hundred fifty	2593
thousand dollars or more, securing writings by deception is a	2594
felony of the third degree.	2595

(3) If the victim of the offense is an elderly person or	2596
disabled adult, division (B)(3) of this section applies. Except as	2597
otherwise provided in division (B)(3) of this section, securing	2598
writings by deception is a felony of the fifth degree. If the	2599
value of the property or obligation involved is ~~five hundred~~one	2600
thousand dollars or more and is less than ~~five~~seven thousand	2601
five hundred dollars, securing writings by deception is a	2602
felony of the fourth degree. If the value of the property or	2603
obligation involved is ~~five~~seven thousand five hundred dollars	2604
or more and is less than ~~twenty-five~~thirty-seven thousand five	2605
hundred dollars, securing writings by deception is a felony of	2606
the third degree. If the value of the property or obligation	2607
involved is ~~twenty-five~~thirty-seven thousand five hundred	2608
dollars or more, securing writings by deception is a felony of	2609
the second degree.	2610

Sec. 2913.45. (A) No person, with purpose to defraud one or	2611
more of the person's creditors, shall do any of the following:	2612

(1) Remove, conceal, destroy, encumber, convey, or otherwise	2613
deal with any of the person's property;	2614

(2) Misrepresent or refuse to disclose to a fiduciary	2615
appointed to administer or manage the person's affairs or estate,	2616
the existence, amount, or location of any of the person's	2617
property, or any other information regarding such property that	2618
the person is legally required to furnish to the fiduciary.	2619

(B) Whoever violates this section is guilty of defrauding	2620
creditors. Except as otherwise provided in this division,	2621
defrauding creditors is a misdemeanor of the first degree. If the	2622
value of the property involved is ~~five hundred~~one thousand	2623
dollars or more and is less than ~~five~~seven thousand five hundred	2624
dollars, defrauding creditors is a felony of the fifth degree.	2625
If the value of the property involved is ~~five~~seven thousand	2626
five hundred dollars or more and is less than one hundred fifty	2627
thousand dollars, defrauding creditors is a felony of the	2628
fourth degree. If the value of the property involved is one	2629
hundred fifty thousand dollars or more, defrauding creditors is	2630
a felony of the third degree.	2631

Sec. 2913.46. (A)(1) As used in this section:

2632

(a) "Electronically transferred benefit" means the transfer	2633
of food stamp program benefits or WIC program benefits through the	2634
use of an access device.	2635

(b) "WIC program benefits" includes money, coupons, delivery	2636
verification receipts, other documents, food, or other property	2637
received directly or indirectly pursuant to section 17 of the	2638
"Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as	2639
amended.	2640

(c) "Access device" means any card, plate, code, account	2641
number, or other means of access that can be used, alone or in	2642
conjunction with another access device, to obtain payments,	2643
allotments, benefits, money, goods, or other things of value or	2644
that can be used to initiate a transfer of funds pursuant to	2645
section 5101.33 of the Revised Code and the "Food Stamp Act of	2646
1977," 91 Stat. 958, 7 U.S.C.A. 2011 et seq., or any supplemental	2647
food program administered by any department of this state or any	2648
county or local agency pursuant to section 17 of the "Child	2649
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as	2650
amended. An "access device" may include any electronic debit card	2651
or other means authorized by section 5101.33 of the Revised Code.	2652

~~(c)~~(d) "Aggregate value of the food stamp coupons, WIC	2653
program benefits, and electronically transferred benefits involved	2654
in the violation" means the total face value of any food stamps,	2655
plus the total face value of WIC program coupons or delivery	2656
verification receipts, plus the total value of other WIC program	2657
benefits, plus the total value of any electronically transferred	2658
benefit or other access device, involved in the violation.	2659

~~(d)~~(e) "Total value of any electronically transferred benefit	2660
or other access device" means the total value of the payments,	2661
allotments, benefits, money, goods, or other things of value that	2662
may be obtained, or the total value of funds that may be	2663
transferred, by use of any electronically transferred benefit or	2664
other access device at the time of violation.	2665

(2) If food stamp coupons, WIC program benefits, or	2666
electronically transferred benefits or other access devices of	2667
various values are used, transferred, bought, acquired, altered,	2668
purchased, possessed, presented for redemption, or transported in	2669
violation of this section over a period of twelve months, the	2670
course of conduct may be charged as one offense and the values of	2671
food stamp coupons, WIC program benefits, or any electronically	2672
transferred benefits or other access devices may be aggregated in	2673
determining the degree of the offense.	2674

(B) No individual shall knowingly possess, buy, sell, use,	2675
alter, accept, or transfer food stamp coupons, WIC program	2676
benefits, or any electronically transferred benefit in any manner	2677
not authorized by the "Food Stamp Act of 1977," 91 Stat. 958, 7	2678
U.S.C.A. 2011, as amended, or section 17 of the "Child Nutrition	2679
Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as amended.	2680

(C) No organization, as defined in division (D) of section	2681
2901.23 of the Revised Code, shall do either of the following:	2682

(1) Knowingly allow an employee or agent to sell, transfer,	2683
or trade items or services, the purchase of which is prohibited by	2684
the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as	2685
amended, or section 17 of the "Child Nutrition Act of 1966," 80	2686
Stat. 885, 42 U.S.C.A. 1786, as amended, in exchange for food	2687
stamp coupons, WIC program benefits, or any electronically	2688
transferred benefit;	2689

(2) Negligently allow an employee or agent to sell, transfer,	2690
or exchange food stamp coupons, WIC program benefits, or any	2691
electronically transferred benefit for anything of value.	2692

(D) Whoever violates this section is guilty of illegal use of	2693
food stamps or WIC program benefits. Except as otherwise provided	2694
in this division, illegal use of food stamps or WIC program	2695
benefits is a felony of the fifth degree. If the aggregate value	2696
of the food stamp coupons, WIC program benefits, and	2697
electronically transferred benefits involved in the violation is	2698
~~five hundred~~one thousand dollars or more and is less than ~~five~~	2699
seven thousand five hundred dollars, illegal use of food stamps or	2700
WIC program benefits is a felony of the fourth degree. If the	2701
aggregate value of the food stamp coupons, WIC program benefits,	2702
and electronically transferred benefits involved in the violation	2703
is ~~five~~seven thousand five hundred dollars or more and is less	2704
than one hundred fifty thousand dollars, illegal use of food	2705
stamps or WIC program benefits is a felony of the third degree.	2706
If the aggregate value of the food stamp coupons, WIC program	2707
benefits, and electronically transferred benefits involved in the	2708
violation is one hundred fifty thousand dollars or more, illegal	2709
use of food stamps or WIC program benefits is a felony of the	2710
second degree.	2711

Sec. 2913.47. (A) As used in this section:

2712

(1) "Data" has the same meaning as in section 2913.01 of the	2713
Revised Code and additionally includes any other representation of	2714
information, knowledge, facts, concepts, or instructions that are	2715
being or have been prepared in a formalized manner.	2716

(2) "Deceptive" means that a statement, in whole or in part,	2717
would cause another to be deceived because it contains a	2718
misleading representation, withholds information, prevents the	2719
acquisition of information, or by any other conduct, act, or	2720
omission creates, confirms, or perpetuates a false impression,	2721
including, but not limited to, a false impression as to law,	2722
value, state of mind, or other objective or subjective fact.	2723

(3) "Insurer" means any person that is authorized to engage	2724
in the business of insurance in this state under Title XXXIX of	2725
the Revised Code, the Ohio fair plan underwriting association	2726
created under section 3929.43 of the Revised Code, any health	2727
insuring corporation, and any legal entity that is self-insured	2728
and provides benefits to its employees or members.	2729

(4) "Policy" means a policy, certificate, contract, or plan	2730
that is issued by an insurer.	2731

(5) "Statement" includes, but is not limited to, any notice,	2732
letter, or memorandum; proof of loss; bill of lading; receipt for	2733
payment; invoice, account, or other financial statement; estimate	2734
of property damage; bill for services; diagnosis or prognosis;	2735
prescription; hospital, medical, or dental chart or other record;	2736
x-ray, photograph, videotape, or movie film; test result; other	2737
evidence of loss, injury, or expense; computer-generated document;	2738
and data in any form.	2739

(B) No person, with purpose to defraud or knowing that the	2740
person is facilitating a fraud, shall do either of the following:	2741

(1) Present to, or cause to be presented to, an insurer any	2742
written or oral statement that is part of, or in support of, an	2743
application for insurance, a claim for payment pursuant to a	2744
policy, or a claim for any other benefit pursuant to a policy,	2745
knowing that the statement, or any part of the statement, is false	2746
or deceptive;	2747

(2) Assist, aid, abet, solicit, procure, or conspire with	2748
another to prepare or make any written or oral statement that is	2749
intended to be presented to an insurer as part of, or in support	2750
of, an application for insurance, a claim for payment pursuant to	2751
a policy, or a claim for any other benefit pursuant to a policy,	2752
knowing that the statement, or any part of the statement, is false	2753
or deceptive.	2754

(C) Whoever violates this section is guilty of insurance	2755
fraud. Except as otherwise provided in this division, insurance	2756
fraud is a misdemeanor of the first degree. If the amount of the	2757
claim that is false or deceptive is ~~five hundred~~one thousand	2758
dollars or more and is less than ~~five~~seven thousand five hundred	2759
dollars, insurance fraud is a felony of the fifth degree. If the	2760
amount of the claim that is false or deceptive is ~~five~~seven	2761
thousand five hundred dollars or more and is less than one	2762
hundred fifty thousand dollars, insurance fraud is a felony of	2763
the fourth degree. If the amount of the claim that is false or	2764
deceptive is one hundred fifty thousand dollars or more,	2765
insurance fraud is a felony of the third degree.	2766

(D) This section shall not be construed to abrogate, waive,	2767
or modify division (A) of section 2317.02 of the Revised Code.	2768

Sec. 2913.48. (A) No person, with purpose to defraud or	2769
knowing that the person is facilitating a fraud, shall do any of	2770
the following:	2771

(1) Receive workers' compensation benefits to which the	2772
person is not entitled;	2773

(2) Make or present or cause to be made or presented a false	2774
or misleading statement with the purpose to secure payment for	2775
goods or services rendered under Chapter 4121., 4123., 4127., or	2776
4131. of the Revised Code or to secure workers' compensation	2777
benefits;	2778

(3) Alter, falsify, destroy, conceal, or remove any record or	2779
document that is necessary to fully establish the validity of any	2780
claim filed with, or necessary to establish the nature and	2781
validity of all goods and services for which reimbursement or	2782
payment was received or is requested from, the bureau of workers'	2783
compensation, or a self-insuring employer under Chapter 4121.,	2784
4123., 4127., or 4131. of the Revised Code;	2785

(4) Enter into an agreement or conspiracy to defraud the	2786
bureau or a self-insuring employer by making or presenting or	2787
causing to be made or presented a false claim for workers'	2788
compensation benefits;	2789

(5) Make or present or cause to be made or presented a false	2790
statement concerning manual codes, classification of employees,	2791
payroll, paid compensation, or number of personnel, when	2792
information of that nature is necessary to determine the actual	2793
workers' compensation premium or assessment owed to the bureau by	2794
an employer;	2795

(6) Alter, forge, or create a workers' compensation	2796
certificate to falsely show current or correct workers'	2797
compensation coverage;	2798

(7) Fail to secure or maintain workers' compensation coverage	2799
as required by Chapter 4123. of the Revised Code with the intent	2800
to defraud the bureau of workers' compensation.	2801

(B) Whoever violates this section is guilty of workers'	2802
compensation fraud. Except as otherwise provided in this division,	2803
a violation of this section is a misdemeanor of the first degree.	2804
If the value of premiums and assessments unpaid pursuant to	2805
actions described in division (A)(5), (6), or (7) of this section,	2806
or of goods, services, property, or money stolen is ~~five hundred~~	2807
one thousand dollars or more and is less than ~~five~~seven	2808
thousand five hundred dollars, a violation of this section is a	2809
felony of the fifth degree. If the value of premiums and	2810
assessments unpaid pursuant to actions described in division	2811
(A)(5), (6), or (7) of this section, or of goods, services,	2812
property, or money stolen is ~~five~~seven thousand five hundred	2813
dollars or more and is less than one hundred fifty thousand	2814
dollars, a violation of this section is a felony of the fourth	2815
degree. If the value of premiums and assessments unpaid	2816
pursuant to actions described in division (A)(5), (6), or (7)	2817
of this section, or of goods, services, property, or money stolen	2818
is one hundred fifty thousand dollars or more, a violation of	2819
this section is a felony of the third degree.	2820

(C) Upon application of the governmental body that conducted	2821
the investigation and prosecution of a violation of this section,	2822
the court shall order the person who is convicted of the violation	2823
to pay the governmental body its costs of investigating and	2824
prosecuting the case. These costs are in addition to any other	2825
costs or penalty provided in the Revised Code or any other section	2826
of law.	2827

(D) The remedies and penalties provided in this section are	2828
not exclusive remedies and penalties and do not preclude the use	2829
of any other criminal or civil remedy or penalty for any act that	2830
is in violation of this section.	2831

(E) As used in this section:

2832

(1) "False" means wholly or partially untrue or deceptive.

2833

(2) "Goods" includes, but is not limited to, medical	2834
supplies, appliances, rehabilitative equipment, and any other	2835
apparatus or furnishing provided or used in the care, treatment,	2836
or rehabilitation of a claimant for workers' compensation	2837
benefits.	2838

(3) "Services" includes, but is not limited to, any service	2839
provided by any health care provider to a claimant for workers'	2840
compensation benefits and any and all services provided by the	2841
bureau as part of workers' compensation insurance coverage.	2842

(4) "Claim" means any attempt to cause the bureau, an	2843
independent third party with whom the administrator or an employer	2844
contracts under section 4121.44 of the Revised Code, or a	2845
self-insuring employer to make payment or reimbursement for	2846
workers' compensation benefits.	2847

(5) "Employment" means participating in any trade,	2848
occupation, business, service, or profession for substantial	2849
gainful remuneration.	2850

(6) "Employer," "employee," and "self-insuring employer" have	2851
the same meanings as in section 4123.01 of the Revised Code.	2852

(7) "Remuneration" includes, but is not limited to, wages,	2853
commissions, rebates, and any other reward or consideration.	2854

(8) "Statement" includes, but is not limited to, any oral,	2855
written, electronic, electronic impulse, or magnetic communication	2856
notice, letter, memorandum, receipt for payment, invoice, account,	2857
financial statement, or bill for services; a diagnosis, prognosis,	2858
prescription, hospital, medical, or dental chart or other record;	2859
and a computer generated document.	2860

(9) "Records" means any medical, professional, financial, or	2861
business record relating to the treatment or care of any person,	2862
to goods or services provided to any person, or to rates paid for	2863
goods or services provided to any person, or any record that the	2864
administrator of workers' compensation requires pursuant to rule.	2865

(10) "Workers' compensation benefits" means any compensation	2866
or benefits payable under Chapter 4121., 4123., 4127., or 4131. of	2867
the Revised Code.	2868

Sec. 2913.49. (A) As used in this section, "personal	2869
identifying information" includes, but is not limited to, the	2870
following: the name, address, telephone number, driver's license,	2871
driver's license number, commercial driver's license, commercial	2872
driver's license number, state identification card, state	2873
identification card number, social security card, social security	2874
number, birth certificate, place of employment, employee	2875
identification number, mother's maiden name, demand deposit	2876
account number, savings account number, money market account	2877
number, mutual fund account number, other financial account	2878
number, personal identification number, password, or credit card	2879
number of a living or dead individual.	2880

(B) No person, without the express or implied consent of the	2881
other person, shall use, obtain, or possess any personal	2882
identifying information of another person with intent to do either	2883
of the following:	2884

(1) Hold the person out to be the other person;

2885

(2) Represent the other person's personal identifying	2886
information as the person's own personal identifying information.	2887

(C) No person shall create, obtain, possess, or use the	2888
personal identifying information of any person with the intent to	2889
aid or abet another person in violating division (B) of this	2890
section.	2891

(D) No person, with intent to defraud, shall permit another	2892
person to use the person's own personal identifying information.	2893

(E) No person who is permitted to use another person's	2894
personal identifying information as described in division (D) of	2895
this section shall use, obtain, or possess the other person's	2896
personal identifying information with intent to defraud any person	2897
by doing any act identified in division (B)(1) or (2) of this	2898
section.	2899

(F)(1) It is an affirmative defense to a charge under	2900
division (B) of this section that the person using the personal	2901
identifying information is acting in accordance with a legally	2902
recognized guardianship or conservatorship or as a trustee or	2903
fiduciary.	2904

(2) It is an affirmative defense to a charge under division	2905
(B), (C), (D), or (E) of this section that either of the following	2906
applies:	2907

(a) The person or entity using, obtaining, possessing, or	2908
creating the personal identifying information or permitting it to	2909
be used is a law enforcement agency, authorized fraud personnel,	2910
or a representative of or attorney for a law enforcement agency or	2911
authorized fraud personnel and is using, obtaining, possessing, or	2912
creating the personal identifying information or permitting it to	2913
be used, with prior consent given as specified in this division,	2914
in a bona fide investigation, an information security evaluation,	2915
a pretext calling evaluation, or a similar matter. The prior	2916
consent required under this division shall be given by the person	2917
whose personal identifying information is being used, obtained,	2918
possessed, or created or is being permitted to be used or, if the	2919
person whose personal identifying information is being used,	2920
obtained, possessed, or created or is being permitted to be used	2921
is deceased, by that deceased person's executor, or a member of	2922
that deceased person's family, or that deceased person's attorney.	2923
The prior consent required under this division may be given orally	2924
or in writing by the person whose personal identifying information	2925
is being used, obtained, possessed, or created or is being	2926
permitted to be used or that person's executor, or family member,	2927
or attorney.	2928

(b) The personal identifying information was obtained,	2929
possessed, used, created, or permitted to be used for a lawful	2930
purpose, provided that division (F)(2)(b) of this section does not	2931
apply if the person or entity using, obtaining, possessing, or	2932
creating the personal identifying information or permitting it to	2933
be used is a law enforcement agency, authorized fraud personnel,	2934
or a representative of or attorney for a law enforcement agency or	2935
authorized fraud personnel that is using, obtaining, possessing,	2936
or creating the ~~personnel~~personal identifying information or	2937
permitting it to be used in an investigation, an information	2938
security evaluation, a pretext calling evaluation, or similar	2939
matter.	2940

(G) It is not a defense to a charge under this section that	2941
the person whose personal identifying information was obtained,	2942
possessed, used, created, or permitted to be used was deceased at	2943
the time of the offense.	2944

(H)(1) If an offender commits a violation of division (B),	2945
(D), or (E) of this section and the violation occurs as part of a	2946
course of conduct involving other violations of division (B), (D),	2947
or (E) of this section or violations of, attempts to violate,	2948
conspiracies to violate, or complicity in violations of division	2949
(C) of this section or section 2913.02, 2913.04, 2913.11, 2913.21,	2950
2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code, the	2951
court, in determining the degree of the offense pursuant to	2952
division (I) of this section, may aggregate all credit, property,	2953
or services obtained or sought to be obtained by the offender and	2954
all debts or other legal obligations avoided or sought to be	2955
avoided by the offender in the violations involved in that course	2956
of conduct. The course of conduct may involve one victim or more	2957
than one victim.	2958

(2) If an offender commits a violation of division (C) of	2959
this section and the violation occurs as part of a course of	2960
conduct involving other violations of division (C) of this section	2961
or violations of, attempts to violate, conspiracies to violate, or	2962
complicity in violations of division (B), (D), or (E) of this	2963
section or section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31,	2964
2913.42, 2913.43, or 2921.13 of the Revised Code, the court, in	2965
determining the degree of the offense pursuant to division (I) of	2966
this section, may aggregate all credit, property, or services	2967
obtained or sought to be obtained by the person aided or abetted	2968
and all debts or other legal obligations avoided or sought to be	2969
avoided by the person aided or abetted in the violations involved	2970
in that course of conduct. The course of conduct may involve one	2971
victim or more than one victim.	2972

(I)(1) Whoever violates this section is guilty of identity	2973
fraud.	2974

(2) Except as otherwise provided in this division or division	2975
(I)(3) of this section, identity fraud is a felony of the fifth	2976
degree. If the value of the credit, property, services, debt, or	2977
other legal obligation involved in the violation or course of	2978
conduct is ~~five hundred~~one thousand dollars or more and is less	2979
than ~~five~~seven thousand five hundred dollars, except as otherwise	2980
provided in division (I)(3) of this section, identity fraud is	2981
a felony of the fourth degree. If the value of the credit,	2982
property, services, debt, or other legal obligation involved in	2983
the violation or course of conduct is ~~five~~seven thousand five	2984
hundred dollars or more and is less than one hundred fifty	2985
thousand dollars, except as otherwise provided in division	2986
(I)(3) of this section, identity fraud is a felony of the third	2987
degree. If the value of the credit, property, services, debt, or	2988
other legal obligation involved in the violation or course of	2989
conduct is one hundred fifty thousand dollars or more, except as	2990
otherwise provided in division (I)(3) of this section, identity	2991
fraud is a felony of the second degree.	2992

(3) If the victim of the offense is an elderly person or	2993
disabled adult, a violation of this section is identity fraud	2994
against an elderly person or disabled adult. Except as otherwise	2995
provided in this division, identity fraud against an elderly	2996
person or disabled adult is a felony of the fifth degree. If the	2997
value of the credit, property, services, debt, or other legal	2998
obligation involved in the violation or course of conduct is ~~five~~	2999
~~hundred~~one thousand dollars or more and is less than ~~five~~seven	3000
thousand five hundred dollars, identity fraud against an elderly	3001
person or disabled adult is a felony of the third degree. If	3002
the value of the credit, property, services, debt, or other	3003
legal obligation involved in the violation or course of conduct	3004
is ~~five~~seven thousand five hundred dollars or more and is less	3005
than one hundred fifty thousand dollars, identity fraud against	3006
an elderly person or disabled adult is a felony of the second	3007
degree. If the value of the credit, property, services, debt,	3008
or other legal obligation involved in the violation or course	3009
of conduct is one hundred fifty thousand dollars or more,	3010
identity fraud against an elderly person or disabled adult is a	3011
felony of the first degree.	3012

Sec. 2913.51. (A) No person shall receive, retain, or	3013
dispose of property of another knowing or having reasonable cause	3014
to believe that the property has been obtained through commission	3015
of a theft offense.	3016

(B) It is not a defense to a charge of receiving stolen	3017
property in violation of this section that the property was	3018
obtained by means other than through the commission of a theft	3019
offense if the property was explicitly represented to the accused	3020
person as being obtained through the commission of a theft	3021
offense.	3022

(C) Whoever violates this section is guilty of receiving	3023
stolen property. Except as otherwise provided in this division,	3024
receiving stolen property is a misdemeanor of the first degree. If	3025
the value of the property involved is ~~five hundred~~one thousand	3026
dollars or more and is less than ~~five~~seven thousand five hundred	3027
dollars, if the property involved is any of the property listed	3028
in section 2913.71 of the Revised Code, receiving stolen	3029
property is a felony of the fifth degree. If the property	3030
involved is a motor vehicle, as defined in section 4501.01 of	3031
the Revised Code, if the property involved is a dangerous drug,	3032
as defined in section 4729.01 of the Revised Code, if the value	3033
of the property involved is ~~five~~seven thousand five hundred	3034
dollars or more and is less than one hundred fifty thousand	3035
dollars, or if the property involved is a firearm or dangerous	3036
ordnance, as defined in section 2923.11 of the Revised Code,	3037
receiving stolen property is a felony of the fourth degree. If	3038
the value of the property involved is one hundred fifty thousand	3039
dollars or more, receiving stolen property is a felony of the	3040
third degree.	3041

Sec. 2913.61. (A) When a person is charged with a theft	3042
offense, or with a violation of division (A)(1) of section 1716.14	3043
of the Revised Code involving a victim who is an elderly person or	3044
disabled adult that involves property or services valued at ~~five~~	3045
~~hundred~~one thousand dollars or more, property or services	3046
valued at ~~five hundred~~one thousand dollars or more and less	3047
than ~~five~~seven thousand five hundred dollars, property or	3048
services valued at one thousand five hundred dollars or more and	3049
less than seven thousand five hundred dollars, property or	3050
services valued at ~~five~~seven thousand five hundred dollars or	3051
more and less than ~~twenty-five~~thirty-seven thousand five hundred	3052
dollars, property or services valued at seven thousand five	3053
hundred dollars or more and less than one hundred fifty thousand	3054
dollars, property or services valued at ~~twenty-five~~thirty-seven	3055
thousand five hundred dollars or more and less than one	3056
hundred fifty thousand dollars, orproperty or services valued at	3057
thirty-seven thousand five hundred dollars or more, property or	3058
services valued at one hundred fifty thousand dollars or more,	3059
property or services valued at one hundred fifty thousand	3060
dollars or more and less than seven hundred fifty thousand	3061
dollars, property or services valued at seven hundred fifty	3062
thousand dollars or more and less than one million five hundred	3063
thousand dollars, or property or services valued at one million	3064
five hundred thousand dollars or more, the jury or court trying	3065
the accused shall determine the value of the property or	3066
services as of the time of the offense and, if a guilty verdict	3067
is returned, shall return the finding of value as part of the	3068
verdict. In any case in which the jury or court determines that	3069
the value of the property or services at the time of the offense	3070
was ~~five hundred~~one thousand dollars or more, it is unnecessary	3071
to find and return the exact value, and it is sufficient if the	3072
finding and return is to the effect that the value of the	3073
property or services involved was ~~five hundred~~one thousand	3074
dollars or more and less than ~~five~~seven thousand five hundred	3075
dollars, was one thousand dollars or more and less than seven	3076
thousand five hundred dollars, was ~~five~~seven thousand five	3077
hundred dollars or more and less than ~~twenty-five~~thirty-seven	3078
thousand five hundred dollars, was seven thousand five hundred	3079
dollars or more and less than thirty-seven thousand five hundred	3080
dollars, was seven thousand five hundred dollars or more and less	3081
than one hundred fifty thousand dollars, was ~~twenty-five~~	3082
thirty-seven thousand five hundred dollars or more and less than	3083
one hundred fifty thousand dollars, orwas thirty-seven thousand	3084
five hundred dollars or more and less than one hundred fifty	3085
thousand dollars, was one hundred fifty thousand dollars or	3086
more, was one hundred fifty thousand dollars or more and less	3087
than seven hundred fifty thousand dollars, was seven hundred	3088
fifty thousand dollars or more and less than one million five	3089
hundred thousand dollars, or was one million five hundred	3090
thousand dollars or more, whichever is relevant regarding the	3091
offense.	3092

(B) If more than one item of property or services is involved	3093
in a theft offense or in a violation of division (A)(1) of section	3094
1716.14 of the Revised Code involving a victim who is an elderly	3095
person or disabled adult, the value of the property or services	3096
involved for the purpose of determining the value as required by	3097
division (A) of this section is the aggregate value of all	3098
property or services involved in the offense.	3099

(C)(1) When a series of offenses under section 2913.02 of the	3100
Revised Code, or a series of violations of, attempts to commit a	3101
violation of, conspiracies to violate, or complicity in violations	3102
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,	3103
or 2913.04, division (B)(1) or (2) of section 2913.21, or section	3104
2913.31 or 2913.43 of the Revised Code involving a victim who is	3105
an elderly person or disabled adult, is committed by the offender	3106
in the offender's same employment, capacity, or relationship to	3107
another, all of those offenses shall be tried as a single offense.	3108
The value of the property or services involved in the series of	3109
offenses for the purpose of determining the value as required by	3110
division (A) of this section is the aggregate value of all	3111
property and services involved in all offenses in the series.	3112

(2) If an offender commits a series of offenses under section	3113
2913.02 of the Revised Code that involves a common course of	3114
conduct to defraud multiple victims, all of the offenses may be	3115
tried as a single offense. If an offender is being tried for the	3116
commission of a series of violations of, attempts to commit a	3117
violation of, conspiracies to violate, or complicity in violations	3118
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,	3119
or 2913.04, division (B)(1) or (2) of section 2913.21, or section	3120
2913.31 or 2913.43 of the Revised Code, whether committed against	3121
one victim or more than one victim, involving a victim who is an	3122
elderly person or disabled adult, pursuant to a scheme or course	3123
of conduct, all of those offenses may be tried as a single	3124
offense. If the offenses are tried as a single offense, the value	3125
of the property or services involved for the purpose of	3126
determining the value as required by division (A) of this section	3127
is the aggregate value of all property and services involved in	3128
all of the offenses in the course of conduct.	3129

(3) When a series of two or more offenses under section	3130
2921.41 of the Revised Code is committed by the offender in the	3131
offender's same employment, capacity, or relationship to another,	3132
all of those offenses may be tried as a single offense. If the	3133
offenses are tried as a single offense, the value of the property	3134
or services involved for the purpose of determining the value as	3135
required by division (A) of this section is the aggregate value of	3136
all property and services involved in all of the offenses in the	3137
series of two or more offenses.	3138

(4) In prosecuting a single offense under division (C)(1),	3139
(2), or (3) of this section, it is not necessary to separately	3140
allege and prove each offense in the series. Rather, it is	3141
sufficient to allege and prove that the offender, within a given	3142
span of time, committed one or more theft offenses or violations	3143
of section 2921.41 of the Revised Code in the offender's same	3144
employment, capacity, or relationship to another as described in	3145
division (C)(1) or (3) of this section, or committed one or more	3146
theft offenses that involve a common course of conduct to defraud	3147
multiple victims or a scheme or course of conduct as described in	3148
division (C)(2) of this section.	3149

(D) The following criteria shall be used in determining the	3150
value of property or services involved in a theft offense:	3151

(1) The value of an heirloom, memento, collector's item,	3152
antique, museum piece, manuscript, document, record, or other	3153
thing that has intrinsic worth to its owner and that either is	3154
irreplaceable or is replaceable only on the expenditure of	3155
substantial time, effort, or money, is the amount that would	3156
compensate the owner for its loss.	3157

(2) The value of personal effects and household goods, and of	3158
materials, supplies, equipment, and fixtures used in the	3159
profession, business, trade, occupation, or avocation of its	3160
owner, which property is not covered under division (D)(1) of this	3161
section and which retains substantial utility for its purpose	3162
regardless of its age or condition, is the cost of replacing the	3163
property with new property of like kind and quality.	3164

(3) The value of any real or personal property that is not	3165
covered under division (D)(1) or (2) of this section, and the	3166
value of services, is the fair market value of the property or	3167
services. As used in this section, "fair market value" is the	3168
money consideration that a buyer would give and a seller would	3169
accept for property or services, assuming that the buyer is	3170
willing to buy and the seller is willing to sell, that both are	3171
fully informed as to all facts material to the transaction, and	3172
that neither is under any compulsion to act.	3173

(E) Without limitation on the evidence that may be used to	3174
establish the value of property or services involved in a theft	3175
offense:	3176

(1) When the property involved is personal property held for	3177
sale at wholesale or retail, the price at which the property was	3178
held for sale is prima-facie evidence of its value.	3179

(2) When the property involved is a security or commodity	3180
traded on an exchange, the closing price or, if there is no	3181
closing price, the asked price, given in the latest market	3182
quotation prior to the offense is prima-facie evidence of the	3183
value of the security or commodity.	3184

(3) When the property involved is livestock, poultry, or raw	3185
agricultural products for which a local market price is available,	3186
the latest local market price prior to the offense is prima-facie	3187
evidence of the value of the livestock, poultry, or products.	3188

(4) When the property involved is a negotiable instrument,	3189
the face value is prima-facie evidence of the value of the	3190
instrument.	3191

(5) When the property involved is a warehouse receipt, bill	3192
of lading, pawn ticket, claim check, or other instrument entitling	3193
the holder or bearer to receive property, the face value or, if	3194
there is no face value, the value of the property covered by the	3195
instrument less any payment necessary to receive the property is	3196
prima-facie evidence of the value of the instrument.	3197

(6) When the property involved is a ticket of admission,	3198
ticket for transportation, coupon, token, or other instrument	3199
entitling the holder or bearer to receive property or services,	3200
the face value or, if there is no face value, the value of the	3201
property or services that may be received by the instrument is	3202
prima-facie evidence of the value of the instrument.	3203

(7) When the services involved are gas, electricity, water,	3204
telephone, transportation, shipping, or other services for which	3205
the rate is established by law, the duly established rate is	3206
prima-facie evidence of the value of the services.	3207

(8) When the services involved are services for which the	3208
rate is not established by law, and the offender has been notified	3209
prior to the offense of the rate for the services, either in	3210
writing, orally, or by posting in a manner reasonably calculated	3211
to come to the attention of potential offenders, the rate	3212
contained in the notice is prima-facie evidence of the value of	3213
the services.	3214

Sec. 2915.05. (A) No person, with purpose to defraud or	3215
knowing that the person is facilitating a fraud, shall engage in	3216
conduct designed to corrupt the outcome of any of the following:	3217

(1) The subject of a bet;

3218

(2) A contest of knowledge, skill, or endurance that is not	3219
an athletic or sporting event;	3220

(3) A scheme or game of chance;

3221

(4) Bingo.

3222

(B) No person shall knowingly do any of the following:

3223

(1) Offer, give, solicit, or accept anything of value to	3224
corrupt the outcome of an athletic or sporting event;	3225

(2) Engage in conduct designed to corrupt the outcome of an	3226
athletic or sporting event.	3227

(C)(1) Whoever violates division (A) of this section is	3228
guilty of cheating. Except as otherwise provided in this division,	3229
cheating is a misdemeanor of the first degree. If the potential	3230
gain from the cheating is ~~five hundred~~one thousand dollars or	3231
more or if the offender previously has been convicted of any	3232
gambling offense or of any theft offense, as defined in section	3233
2913.01 of the Revised Code, cheating is a felony of the fifth	3234
degree.	3235

(2) Whoever violates division (B) of this section is guilty	3236
of corrupting sports. Corrupting sports is a felony of the fifth	3237
degree on a first offense and a felony of the fourth degree on	3238
each subsequent offense.	3239

Sec. 2917.21. (A) No person shall knowingly make or cause to	3240
be made a telecommunication, or knowingly permit a	3241
telecommunication to be made from a telecommunications device	3242
under the person's control, to another, if the caller does any of	3243
the following:	3244

(1) Fails to identify the caller to the recipient of the	3245
telecommunication and makes the telecommunication with purpose to	3246
harass or abuse any person at the premises to which the	3247
telecommunication is made, whether or not actual communication	3248
takes place between the caller and a recipient;	3249

(2) Describes, suggests, requests, or proposes that the	3250
caller, the recipient of the telecommunication, or any other	3251
person engage in sexual activity, and the recipient or another	3252
person at the premises to which the telecommunication is made has	3253
requested, in a previous telecommunication or in the immediate	3254
telecommunication, that the caller not make a telecommunication to	3255
the recipient or to the premises to which the telecommunication is	3256
made;	3257

(3) During the telecommunication, violates section 2903.21 of	3258
the Revised Code;	3259

(4) Knowingly states to the recipient of the	3260
telecommunication that the caller intends to cause damage to or	3261
destroy public or private property, and the recipient, any member	3262
of the recipient's family, or any other person who resides at the	3263
premises to which the telecommunication is made owns, leases,	3264
resides, or works in, will at the time of the destruction or	3265
damaging be near or in, has the responsibility of protecting, or	3266
insures the property that will be destroyed or damaged;	3267

(5) Knowingly makes the telecommunication to the recipient of	3268
the telecommunication, to another person at the premises to which	3269
the telecommunication is made, or to those premises, and the	3270
recipient or another person at those premises previously has told	3271
the caller not to make a telecommunication to those premises or to	3272
any persons at those premises.	3273

(B) No person shall make or cause to be made a	3274
telecommunication, or permit a telecommunication to be made from a	3275
telecommunications device under the person's control, with purpose	3276
to abuse, threaten, or harass another person.	3277

(C)(1) Whoever violates this section is guilty of	3278
telecommunications harassment.	3279

(2) A violation of division (A)(1), (2), (3), or (5) or (B)	3280
of this section is a misdemeanor of the first degree on a first	3281
offense and a felony of the fifth degree on each subsequent	3282
offense.	3283

(3) Except as otherwise provided in division (C)(3) of this	3284
section, a violation of division (A)(4) of this section is a	3285
misdemeanor of the first degree on a first offense and a felony of	3286
the fifth degree on each subsequent offense. If a violation of	3287
division (A)(4) of this section results in economic harm of ~~five~~	3288
~~hundred~~one thousand dollars or more but less than ~~five~~seven	3289
thousand five hundred dollars, telecommunications harassment is	3290
a felony of the fifth degree. If a violation of division (A)(4)	3291
of this section results in economic harm of ~~five~~seven thousand	3292
five hundred dollars or more but less than one hundred fifty	3293
thousand dollars, telecommunications harassment is a felony of	3294
the fourth degree. If a violation of division (A)(4) of this	3295
section results in economic harm of one hundred fifty thousand	3296
dollars or more, telecommunications harassment is a felony of	3297
the third degree.	3298

(D) No cause of action may be asserted in any court of this	3299
state against any provider of a telecommunications service or	3300
information service, or against any officer, employee, or agent of	3301
a telecommunication service or information service, for any	3302
injury, death, or loss to person or property that allegedly arises	3303
out of the provider's, officer's, employee's, or agent's provision	3304
of information, facilities, or assistance in accordance with the	3305
terms of a court order that is issued in relation to the	3306
investigation or prosecution of an alleged violation of this	3307
section or section 4931.31 of the Revised Code. A provider of a	3308
telecommunications service or information service, or an officer,	3309
employee, or agent of a telecommunications service or information	3310
service, is immune from any civil or criminal liability for	3311
injury, death, or loss to person or property that allegedly arises	3312
out of the provider's, officer's, employee's, or agent's provision	3313
of information, facilities, or assistance in accordance with the	3314
terms of a court order that is issued in relation to the	3315
investigation or prosecution of an alleged violation of this	3316
section or section 4931.31 of the Revised Code.	3317

(E) As used in this section:

3318

(1) "Economic harm" means all direct, incidental, and	3319
consequential pecuniary harm suffered by a victim as a result of	3320
criminal conduct. "Economic harm" includes, but is not limited to,	3321
all of the following:	3322

(a) All wages, salaries, or other compensation lost as a	3323
result of the criminal conduct;	3324

(b) The cost of all wages, salaries, or other compensation	3325
paid to employees for time those employees are prevented from	3326
working as a result of the criminal conduct;	3327

(c) The overhead costs incurred for the time that a business	3328
is shut down as a result of the criminal conduct;	3329

(d) The loss of value to tangible or intangible property that	3330
was damaged as a result of the criminal conduct.	3331

(2) "Caller" means the person described in division (A) of	3332
this section who makes or causes to be made a telecommunication or	3333
who permits a telecommunication to be made from a	3334
telecommunications device under that person's control.	3335

(3) "Telecommunication" and "telecommunications device" have	3336
the same meanings as in section 2913.01 of the Revised Code.	3337

(4) "Sexual activity" has the same meaning as in section	3338
2907.01 of the Revised Code.	3339

(F) Nothing in this section prohibits a person from making a	3340
telecommunication to a debtor that is in compliance with the "Fair	3341
Debt Collection Practices Act," 91 Stat. 874 (1977), 15 U.S.C.	3342
1692, as amended, or the "Telephone Consumer Protection Act," 105	3343
Stat. 2395 (1991), 47 U.S.C. 227, as amended.	3344

Sec. 2917.31. (A) No person shall cause the evacuation of	3345
any public place, or otherwise cause serious public inconvenience	3346
or alarm, by doing any of the following:	3347

(1) Initiating or circulating a report or warning of an	3348
alleged or impending fire, explosion, crime, or other catastrophe,	3349
knowing that such report or warning is false;	3350

(2) Threatening to commit any offense of violence;

3351

(3) Committing any offense, with reckless disregard of the	3352
likelihood that its commission will cause serious public	3353
inconvenience or alarm.	3354

(B) Division (A)(1) of this section does not apply to any	3355
person conducting an authorized fire or emergency drill.	3356

(C)(1) Whoever violates this section is guilty of inducing	3357
panic.	3358

(2) Except as otherwise provided in division (C)(3), (4),	3359
(5), (6), (7), or (8) of this section, inducing panic is a	3360
misdemeanor of the first degree.	3361

(3) Except as otherwise provided in division (C)(4), (5),	3362
(6), (7), or (8) of this section, if a violation of this section	3363
results in physical harm to any person, inducing panic is a felony	3364
of the fourth degree.	3365

(4) Except as otherwise provided in division (C)(5), (6),	3366
(7), or (8) of this section, if a violation of this section	3367
results in economic harm, the penalty shall be determined as	3368
follows:	3369

(a) If the violation results in economic harm of ~~five~~	3370
~~hundred~~one thousand dollars or more but less than ~~five~~seven	3371
thousand five hundred dollars and if division (C)(3) of this	3372
section does not apply, inducing panic is a felony of the fifth	3373
degree.	3374

(b) If the violation results in economic harm of ~~five~~seven	3375
thousand five hundred dollars or more but less than one hundred	3376
fifty thousand dollars, inducing panic is a felony of the fourth	3377
degree.	3378

(c) If the violation results in economic harm of one hundred	3379
fifty thousand dollars or more, inducing panic is a felony of the	3380
third degree.	3381

(5) If the public place involved in a violation of division	3382
(A)(1) of this section is a school or an institution of higher	3383
education, inducing panic is a felony of the second degree.	3384

(6) If the violation pertains to a purported, threatened, or	3385
actual use of a weapon of mass destruction, and except as	3386
otherwise provided in division (C)(5), (7), or (8) of this	3387
section, inducing panic is a felony of the fourth degree.	3388

(7) If the violation pertains to a purported, threatened, or	3389
actual use of a weapon of mass destruction, and except as	3390
otherwise provided in division (C)(5) of this section, if a	3391
violation of this section results in physical harm to any person,	3392
inducing panic is a felony of the third degree.	3393

(8) If the violation pertains to a purported, threatened, or	3394
actual use of a weapon of mass destruction, and except as	3395
otherwise provided in division (C)(5) of this section, if a	3396
violation of this section results in economic harm of one hundred	3397
thousand dollars or more, inducing panic is a felony of the third	3398
degree.	3399

(D)(1) It is not a defense to a charge under this section	3400
that pertains to a purported or threatened use of a weapon of mass	3401
destruction that the offender did not possess or have the ability	3402
to use a weapon of mass destruction or that what was represented	3403
to be a weapon of mass destruction was not a weapon of mass	3404
destruction.	3405

(2) Any act that is a violation of this section and any other	3406
section of the Revised Code may be prosecuted under this section,	3407
the other section, or both sections.	3408

(E) As used in this section:

3409

(1) "Economic harm" means any of the following:

3410

(a) All direct, incidental, and consequential pecuniary harm	3411
suffered by a victim as a result of criminal conduct. "Economic	3412
harm" as described in this division includes, but is not limited	3413
to, all of the following:	3414

(i) All wages, salaries, or other compensation lost as a	3415
result of the criminal conduct;	3416

(ii) The cost of all wages, salaries, or other compensation	3417
paid to employees for time those employees are prevented from	3418
working as a result of the criminal conduct;	3419

(iii) The overhead costs incurred for the time that a	3420
business is shut down as a result of the criminal conduct;	3421

(iv) The loss of value to tangible or intangible property	3422
that was damaged as a result of the criminal conduct.	3423

(b) All costs incurred by the state or any political	3424
subdivision as a result of, or in making any response to, the	3425
criminal conduct that constituted the violation of this section or	3426
section 2917.32 of the Revised Code, including, but not limited	3427
to, all costs so incurred by any law enforcement officers,	3428
firefighters, rescue personnel, or emergency medical services	3429
personnel of the state or the political subdivision.	3430

(2) "School" means any school operated by a board of	3431
education or any school for which the state board of education	3432
prescribes minimum standards under section 3301.07 of the Revised	3433
Code, whether or not any instruction, extracurricular activities,	3434
or training provided by the school is being conducted at the time	3435
a violation of this section is committed.	3436

(3) "Weapon of mass destruction" means any of the following:

3437

(a) Any weapon that is designed or intended to cause death or	3438
serious physical harm through the release, dissemination, or	3439
impact of toxic or poisonous chemicals, or their precursors;	3440

(b) Any weapon involving a disease organism or biological	3441
agent;	3442

(c) Any weapon that is designed to release radiation or	3443
radioactivity at a level dangerous to human life;	3444

(d) Any of the following, except to the extent that the item	3445
or device in question is expressly excepted from the definition of	3446
"destructive device" pursuant to 18 U.S.C. 921(a)(4) and	3447
regulations issued under that section:	3448

(i) Any explosive, incendiary, or poison gas bomb, grenade,	3449
rocket having a propellant charge of more than four ounces,	3450
missile having an explosive or incendiary charge of more than	3451
one-quarter ounce, mine, or similar device;	3452

(ii) Any combination of parts either designed or intended for	3453
use in converting any item or device into any item or device	3454
described in division (E)(3)(d)(i) of this section and from which	3455
an item or device described in that division may be readily	3456
assembled.	3457

(4) "Biological agent" has the same meaning as in section	3458
2917.33 of the Revised Code.	3459

(5) "Emergency medical services personnel" has the same	3460
meaning as in section 2133.21 of the Revised Code.	3461

(6) "Institution of higher education" means any of the	3462
following:	3463

(a) A state university or college as defined in division	3464
(A)(1) of section 3345.12 of the Revised Code, community college,	3465
state community college, university branch, or technical college;	3466

(b) A private, nonprofit college, university or other	3467
post-secondary institution located in this state that possesses a	3468
certificate of authorization issued by the Ohio board of regents	3469
pursuant to Chapter 1713. of the Revised Code;	3470

(c) A post-secondary institution with a certificate of	3471
registration issued by the state board of career colleges and	3472
schools under Chapter 3332. of the Revised Code.	3473

Sec. 2917.32. (A) No person shall do any of the following:

3474

(1) Initiate or circulate a report or warning of an alleged	3475
or impending fire, explosion, crime, or other catastrophe, knowing	3476
that the report or warning is false and likely to cause public	3477
inconvenience or alarm;	3478

(2) Knowingly cause a false alarm of fire or other emergency	3479
to be transmitted to or within any organization, public or	3480
private, for dealing with emergencies involving a risk of physical	3481
harm to persons or property;	3482

(3) Report to any law enforcement agency an alleged offense	3483
or other incident within its concern, knowing that such offense	3484
did not occur.	3485

(B) This section does not apply to any person conducting an	3486
authorized fire or emergency drill.	3487

(C)(1) Whoever violates this section is guilty of making	3488
false alarms.	3489

(2) Except as otherwise provided in division (C)(3), (4),	3490
(5), or (6) of this section, making false alarms is a misdemeanor	3491
of the first degree.	3492

(3) Except as otherwise provided in division (C)(4) of this	3493
section, if a violation of this section results in economic harm	3494
of ~~five hundred~~one thousand dollars or more but less than ~~five~~	3495
seven thousand five hundred dollars, making false alarms is a	3496
felony of the fifth degree.	3497

(4) If a violation of this section pertains to a purported,	3498
threatened, or actual use of a weapon of mass destruction, making	3499
false alarms is a felony of the third degree.	3500

(5) If a violation of this section results in economic harm	3501
of ~~five~~seven thousand five hundred dollars or more but less than	3502
one hundred fifty thousand dollars and if division (C)(4) of this	3503
section does not apply, making false alarms is a felony of the	3504
fourth degree.	3505

(6) If a violation of this section results in economic harm	3506
of one hundred fifty thousand dollars or more, making false alarms	3507
is a felony of the third degree.	3508

(D)(1) It is not a defense to a charge under this section	3509
that pertains to a purported or threatened use of a weapon of mass	3510
destruction that the offender did not possess or have the ability	3511
to use a weapon of mass destruction or that what was represented	3512
to be a weapon of mass destruction was not a weapon of mass	3513
destruction.	3514

(2) Any act that is a violation of this section and any other	3515
section of the Revised Code may be prosecuted under this section,	3516
the other section, or both sections.	3517

(E) As used in this section, "economic harm" and "weapon of	3518
mass destruction" have the same meanings as in section 2917.31 of	3519
the Revised Code.	3520

Sec. 2919.21. (A) No person shall abandon, or fail to	3521
provide adequate support to:	3522

(1) The person's spouse, as required by law;

3523

(2) The person's child who is under age eighteen, or mentally	3524
or physically handicapped child who is under age twenty-one;	3525

(3) The person's aged or infirm parent or adoptive parent,	3526
who from lack of ability and means is unable to provide adequately	3527
for the parent's own support.	3528

(B) No person shall abandon, or fail to provide support as	3529
established by a court order to, another person whom, by court	3530
order or decree, the person is legally obligated to support.	3531

(C) No person shall aid, abet, induce, cause, encourage, or	3532
contribute to a child or a ward of the juvenile court becoming a	3533
dependent child, as defined in section 2151.04 of the Revised	3534
Code, or a neglected child, as defined in section 2151.03 of the	3535
Revised Code.	3536

(D) It is an affirmative defense to a charge of failure to	3537
provide adequate support under division (A) of this section or a	3538
charge of failure to provide support established by a court order	3539
under division (B) of this section that the accused was unable to	3540
provide adequate support or the established support but did	3541
provide the support that was within the accused's ability and	3542
means.	3543

(E) It is an affirmative defense to a charge under division	3544
(A)(3) of this section that the parent abandoned the accused or	3545
failed to support the accused as required by law, while the	3546
accused was under age eighteen, or was mentally or physically	3547
handicapped and under age twenty-one.	3548

(F) It is not a defense to a charge under division (B) of	3549
this section that the person whom a court has ordered the accused	3550
to support is being adequately supported by someone other than the	3551
accused.	3552

(G)(1) Except as otherwise provided in this division, whoever	3553
violates division (A) or (B) of this section is guilty of	3554
nonsupport of dependents, a misdemeanor of the first degree. If	3555
the offender previously has been convicted of or pleaded guilty to	3556
a violation of division (A)(2) or (B) of this section or if the	3557
offender has failed to provide support under division (A)(2) or	3558
(B) of this section for a total accumulated period of twenty-six	3559
weeks out of one hundred four consecutive weeks, whether or not	3560
the twenty-six weeks were consecutive, then a violation of	3561
division (A)(2) or (B) of this section is a felony of the fifth	3562
degree. If the offender previously has been convicted of or	3563
pleaded guilty to a felony violation of this section, a violation	3564
of division (A)(2) or (B) of this section is a felony of the	3565
fourth degree. If	3566

If the violation of division (A) or (B) of this section is a	3567
felony, all of the following apply to the sentencing of the	3568
offender:	3569

(a) Except as otherwise provided in division (G)(1)(b) of	3570
this section, the court in imposing sentence on the offender shall	3571
first consider placing the offender on one or more community	3572
control sanctions under section 2929.16, 2929.17, or 2929.18 of	3573
the Revised Code, with an emphasis under the sanctions on	3574
intervention for nonsupport, obtaining or maintaining employment,	3575
or another related condition.	3576

(b) The preference for placement on community control	3577
sanctions described in division (G)(1)(a) of this section does not	3578
apply to any offender to whom one or more of the following	3579
applies:	3580

(i) The court determines that the imposition of a prison term	3581
on the offender is consistent with the purposes and principles of	3582
sentencing set forth in section 2929.11 of the Revised Code.	3583

(ii) The offender previously was convicted of or pleaded	3584
guilty to a violation of this section that was a felony, the	3585
conviction or guilty plea occurred on or after the effective date	3586
of this amendment, and the offender was sentenced to a prison term	3587
for that violation.	3588

(iii) The offender previously was convicted of or pleaded	3589
guilty to a violation of this section that was a felony, the	3590
conviction or guilty plea occurred on or after the effective date	3591
of this amendment, the offender was sentenced to one or more	3592
community control sanctions of a type described in division	3593
(G)(1)(a) of this section for that violation, and the offender	3594
failed to comply with the conditions of any of those community	3595
control sanctions.	3596

(2) If the offender is guilty of nonsupport of dependents by	3597
reason of failing to provide support to the offender's child as	3598
required by a child support order issued on or after April 15,	3599
1985, pursuant to section 2151.23, 2151.231, 2151.232, 2151.33,	3600
3105.21, 3109.05, 3111.13, 3113.04, 3113.31, or 3115.31 of the	3601
Revised Code, the court, in addition to any other sentence	3602
imposed, shall assess all court costs arising out of the charge	3603
against the person and require the person to pay any reasonable	3604
attorney's fees of any adverse party other than the state, as	3605
determined by the court, that arose in relation to the charge.	3606

~~(2)~~(3) Whoever violates division (C) of this section is	3607
guilty of contributing to the nonsupport of dependents, a	3608
misdemeanor of the first degree. Each day of violation of division	3609
(C) of this section is a separate offense.	3610

Sec. 2921.13. (A) No person shall knowingly make a false	3611
statement, or knowingly swear or affirm the truth of a false	3612
statement previously made, when any of the following applies:	3613

(1) The statement is made in any official proceeding.

3614

(2) The statement is made with purpose to incriminate	3615
another.	3616

(3) The statement is made with purpose to mislead a public	3617
official in performing the public official's official function.	3618

(4) The statement is made with purpose to secure the payment	3619
of unemployment compensation; Ohio works first; prevention,	3620
retention, and contingency benefits and services; disability	3621
financial assistance; retirement benefits; economic development	3622
assistance, as defined in section 9.66 of the Revised Code; or	3623
other benefits administered by a governmental agency or paid out	3624
of a public treasury.	3625

(5) The statement is made with purpose to secure the issuance	3626
by a governmental agency of a license, permit, authorization,	3627
certificate, registration, release, or provider agreement.	3628

(6) The statement is sworn or affirmed before a notary public	3629
or another person empowered to administer oaths.	3630

(7) The statement is in writing on or in connection with a	3631
report or return that is required or authorized by law.	3632

(8) The statement is in writing and is made with purpose to	3633
induce another to extend credit to or employ the offender, to	3634
confer any degree, diploma, certificate of attainment, award of	3635
excellence, or honor on the offender, or to extend to or bestow	3636
upon the offender any other valuable benefit or distinction, when	3637
the person to whom the statement is directed relies upon it to	3638
that person's detriment.	3639

(9) The statement is made with purpose to commit or	3640
facilitate the commission of a theft offense.	3641

(10) The statement is knowingly made to a probate court in	3642
connection with any action, proceeding, or other matter within its	3643
jurisdiction, either orally or in a written document, including,	3644
but not limited to, an application, petition, complaint, or other	3645
pleading, or an inventory, account, or report.	3646

(11) The statement is made on an account, form, record,	3647
stamp, label, or other writing that is required by law.	3648

(12) The statement is made in connection with the purchase of	3649
a firearm, as defined in section 2923.11 of the Revised Code, and	3650
in conjunction with the furnishing to the seller of the firearm of	3651
a fictitious or altered driver's or commercial driver's license or	3652
permit, a fictitious or altered identification card, or any other	3653
document that contains false information about the purchaser's	3654
identity.	3655

(13) The statement is made in a document or instrument of	3656
writing that purports to be a judgment, lien, or claim of	3657
indebtedness and is filed or recorded with the secretary of state,	3658
a county recorder, or the clerk of a court of record.	3659

(14) The statement is made with purpose to obtain an Ohio's	3660
best Rx program enrollment card under section 173.773 of the	3661
Revised Code or a payment under section 173.801 of the Revised	3662
Code.	3663

(15) The statement is made in an application filed with a	3664
county sheriff pursuant to section 2923.125 of the Revised Code in	3665
order to obtain or renew a license to carry a concealed handgun or	3666
is made in an affidavit submitted to a county sheriff to obtain a	3667
temporary emergency license to carry a concealed handgun under	3668
section 2923.1213 of the Revised Code.	3669

(16) The statement is required under section 5743.71 of the	3670
Revised Code in connection with the person's purchase of	3671
cigarettes or tobacco products in a delivery sale.	3672

(B) No person, in connection with the purchase of a firearm,	3673
as defined in section 2923.11 of the Revised Code, shall knowingly	3674
furnish to the seller of the firearm a fictitious or altered	3675
driver's or commercial driver's license or permit, a fictitious or	3676
altered identification card, or any other document that contains	3677
false information about the purchaser's identity.	3678

(C) No person, in an attempt to obtain a license to carry a	3679
concealed handgun under section 2923.125 of the Revised Code,	3680
shall knowingly present to a sheriff a fictitious or altered	3681
document that purports to be certification of the person's	3682
competence in handling a handgun as described in division (B)(3)	3683
of section 2923.125 of the Revised Code.	3684

(D) It is no defense to a charge under division (A)(6) of	3685
this section that the oath or affirmation was administered or	3686
taken in an irregular manner.	3687

(E) If contradictory statements relating to the same fact are	3688
made by the offender within the period of the statute of	3689
limitations for falsification, it is not necessary for the	3690
prosecution to prove which statement was false but only that one	3691
or the other was false.	3692

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	3693
(6), (7), (8), (10), (11), (13), (14), or (16) of this section is	3694
guilty of falsification, a misdemeanor of the first degree.	3695

(2) Whoever violates division (A)(9) of this section is	3696
guilty of falsification in a theft offense. Except as otherwise	3697
provided in this division, falsification in a theft offense is a	3698
misdemeanor of the first degree. If the value of the property or	3699
services stolen is ~~five hundred~~one thousand dollars or more and	3700
is less than ~~five~~seven thousand five hundred dollars,	3701
falsification in a theft offense is a felony of the fifth degree.	3702
If the value of the property or services stolen is ~~five~~seven	3703
thousand five hundred dollars or more and is less than one	3704
hundred fifty thousand dollars, falsification in a theft offense	3705
is a felony of the fourth degree. If the value of the property or	3706
services stolen is one hundred fifty thousand dollars or more,	3707
falsification in a theft offense is a felony of the third degree.	3708

(3) Whoever violates division (A)(12) or (B) of this section	3709
is guilty of falsification to purchase a firearm, a felony of the	3710
fifth degree.	3711

(4) Whoever violates division (A)(15) or (C) of this section	3712
is guilty of falsification to obtain a concealed handgun license,	3713
a felony of the fourth degree.	3714

(G) A person who violates this section is liable in a civil	3715
action to any person harmed by the violation for injury, death, or	3716
loss to person or property incurred as a result of the commission	3717
of the offense and for reasonable attorney's fees, court costs,	3718
and other expenses incurred as a result of prosecuting the civil	3719
action commenced under this division. A civil action under this	3720
division is not the exclusive remedy of a person who incurs	3721
injury, death, or loss to person or property as a result of a	3722
violation of this section.	3723

Sec. 2921.34. (A)(1) No person, knowing the person is under	3724
detention, other than supervised release detention, or being	3725
reckless in that regard, shall purposely break or attempt to break	3726
the detention, or purposely fail to return to detention, either	3727
following temporary leave granted for a specific purpose or	3728
limited period, or at the time required when serving a sentence	3729
in intermittent confinement.	3730

(2)(a) Division (A)(2)(b) of this section applies to any	3731
person who is sentenced to a prison term pursuant to division	3732
(A)(3) or (B) of section 2971.03 of the Revised Code.	3733

(b) No person to whom this division applies, for whom the	3734
requirement that the entire prison term imposed upon the person	3735
pursuant to division (A)(3) or (B) of section 2971.03 of the	3736
Revised Code be served in a state correctional institution has	3737
been modified pursuant to section 2971.05 of the Revised Code, and	3738
who, pursuant to that modification, is restricted to a geographic	3739
area, knowing that the person is under a geographic restriction or	3740
being reckless in that regard, shall purposely leave the	3741
geographic area to which the restriction applies or purposely fail	3742
to return to that geographic area following a temporary leave	3743
granted for a specific purpose or for a limited period of time.	3744

(3) No person, knowing the person is under supervised release	3745
detention or being reckless in that regard, shall purposely break	3746
or attempt to break the supervised release detention or purposely	3747
fail to return to the supervised release detention, either	3748
following temporary leave granted for a specific purpose or	3749
limited period, or at the time required when serving a sentence in	3750
intermittent confinement, if the purposeful breaking, attempting	3751
to break, or failure to return is for a period in excess of nine	3752
consecutive months.	3753

(B)(1) If a person, knowing the person is under supervised	3754
release detention or being reckless in that regard, purposely	3755
breaks or attempts to break the supervised release detention or	3756
purposely fails to return to the supervised release detention,	3757
either following temporary leave granted for a specific purpose	3758
or limited period, or at the time required when serving a	3759
sentence in intermittent confinement, and if the purposeful	3760
breaking, attempting to break, or failure to return is for a	3761
period that does not exceed nine consecutive months, the person	3762
is subject to administrative sanctions that may be imposed by the	3763
adult parole authority under section 2967.15 of the Revised Code.	3764

(2) Irregularity in bringing about or maintaining detention,	3765
or lack of jurisdiction of the committing or detaining authority,	3766
is not a defense to a charge under this section if the detention	3767
is pursuant to judicial order or in a detention facility. In the	3768
case of any other detention, irregularity or lack of jurisdiction	3769
is an affirmative defense only if either of the following occurs:	3770

~~(1)~~(a) The escape involved no substantial risk of harm to the	3771
person or property of another.	3772

~~(2)~~(b) The detaining authority knew or should have known	3773
there was no legal basis or authority for the detention.	3774

3775

(1) If the offender, at the time of the commission of the	3776
offense, was under detention as an alleged or adjudicated	3777
delinquent child or unruly child and if the act for which the	3778
offender was under detention would not be a felony if committed by	3779
an adult, escape is a misdemeanor of the first degree.	3780

(2) If the offender, at the time of the commission of the	3781
offense, was under detention in any other manner or if the	3782
offender is a person for whom the requirement that the entire	3783
prison term imposed upon the person pursuant to division (A)(3) or	3784
(B) of section 2971.03 of the Revised Code be served in a state	3785
correctional institution has been modified pursuant to section	3786
2971.05 of the Revised Code, escape is one of the following:	3787

(a) A felony of the second degree, when the most serious	3788
offense for which the person was under detention or for which the	3789
person had been sentenced to the prison term under division	3790
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or	3791
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	3792
is aggravated murder, murder, or a felony of the first or second	3793
degree or, if the person was under detention as an alleged or	3794
adjudicated delinquent child, when the most serious act for which	3795
the person was under detention would be aggravated murder, murder,	3796
or a felony of the first or second degree if committed by an	3797
adult;	3798

(b) A felony of the third degree, when the most serious	3799
offense for which the person was under detention or for which the	3800
person had been sentenced to the prison term under division	3801
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or	3802
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	3803
is a felony of the third, fourth, or fifth degree or an	3804
unclassified felony or, if the person was under detention as an	3805
alleged or adjudicated delinquent child, when the most serious act	3806
for which the person was under detention would be a felony of the	3807
third, fourth, or fifth degree or an unclassified felony if	3808
committed by an adult;	3809

(c) A felony of the fifth degree, when any of the following	3810
applies:	3811

(i) The most serious offense for which the person was under	3812
detention is a misdemeanor.	3813

(ii) The person was found not guilty by reason of insanity,	3814
and the person's detention consisted of hospitalization,	3815
institutionalization, or confinement in a facility under an order	3816
made pursuant to or under authority of section 2945.40, 2945.401,	3817
or 2945.402 of the Revised Code.	3818

(d) A misdemeanor of the first degree, when the most serious	3819
offense for which the person was under detention is a misdemeanor	3820
and when the person fails to return to detention at a specified	3821
time following temporary leave granted for a specific purpose or	3822
limited period or at the time required when serving a sentence in	3823
intermittent confinement.	3824

(D) As used in this section, "supervised release detention"	3825
means detention that is supervision of a person by an employee of	3826
the department of rehabilitation and correction while the person	3827
is on any type of release from a state correctional institution,	3828
other than transitional control under section 2967.26 of the	3829
Revised Code or placement in a community-based correctional	3830
facility by the parole board under section 2967.28 of the Revised	3831
Code.	3832

Sec. 2921.41. (A) No public official or party official	3833
shall commit any theft offense, as defined in division (K) of	3834
section 2913.01 of the Revised Code, when either of the following	3835
applies:	3836

(1) The offender uses the offender's office in aid of	3837
committing the offense or permits or assents to its use in aid of	3838
committing the offense;	3839

(2) The property or service involved is owned by this state,	3840
any other state, the United States, a county, a municipal	3841
corporation, a township, or any political subdivision, department,	3842
or agency of any of them, is owned by a political party, or is	3843
part of a political campaign fund.	3844

(B) Whoever violates this section is guilty of theft in	3845
office. Except as otherwise provided in this division, theft in	3846
office is a felony of the fifth degree. If the value of property	3847
or services stolen is ~~five hundred~~one thousand dollars or more	3848
and is less than ~~five~~seven thousand five hundred dollars, theft	3849
in office is a felony of the fourth degree. If the value of	3850
property or services stolen is ~~five~~seven thousand five hundred	3851
dollars or more, theft in office is a felony of the third	3852
degree.	3853

(C)(1) A public official or party official who pleads guilty	3854
to theft in office and whose plea is accepted by the court or a	3855
public official or party official against whom a verdict or	3856
finding of guilt for committing theft in office is returned is	3857
forever disqualified from holding any public office,	3858
employment, or position of trust in this state.	3859

(2)(a) A court that imposes sentence for a violation of this	3860
section based on conduct described in division (A)(2) of this	3861
section shall require the public official or party official who is	3862
convicted of or pleads guilty to the offense to make restitution	3863
for all of the property or the service that is the subject of the	3864
offense, in addition to the term of imprisonment and any fine	3865
imposed. A court that imposes sentence for a violation of this	3866
section based on conduct described in division (A)(1) of this	3867
section and that determines at trial that this state or a	3868
political subdivision of this state if the offender is a public	3869
official, or a political party in the United States or this state	3870
if the offender is a party official, suffered actual loss as a	3871
result of the offense shall require the offender to make	3872
restitution to the state, political subdivision, or political	3873
party for all of the actual loss experienced, in addition to the	3874
term of imprisonment and any fine imposed.	3875

(b)(i) In any case in which a sentencing court is required to	3876
order restitution under division (C)(2)(a) of this section and in	3877
which the offender, at the time of the commission of the offense	3878
or at any other time, was a member of the public employees	3879
retirement system, the Ohio police and fire pension fund, the	3880
state teachers retirement system, the school employees retirement	3881
system, or the state highway patrol retirement system; was an	3882
electing employee, as defined in section 3305.01 of the Revised	3883
Code, participating in an alternative retirement plan provided	3884
pursuant to Chapter 3305. of the Revised Code; was a participating	3885
employee or continuing member, as defined in section 148.01 of the	3886
Revised Code, in a deferred compensation program offered by the	3887
Ohio public employees deferred compensation board; was an officer	3888
or employee of a municipal corporation who was a participant in a	3889
deferred compensation program offered by that municipal	3890
corporation; was an officer or employee of a government unit, as	3891
defined in section 148.06 of the Revised Code, who was a	3892
participant in a deferred compensation program offered by that	3893
government unit, or was a participating employee, continuing	3894
member, or participant in any deferred compensation program	3895
described in this division and a member of a retirement system	3896
specified in this division or a retirement system of a municipal	3897
corporation, the entity to which restitution is to be made may	3898
file a motion with the sentencing court specifying any retirement	3899
system, any provider as defined in section 3305.01 of the Revised	3900
Code, and any deferred compensation program of which the offender	3901
was a member, electing employee, participating employee,	3902
continuing member, or participant and requesting the court to	3903
issue an order requiring the specified retirement system, the	3904
specified provider under the alternative retirement plan, or the	3905
specified deferred compensation program, or, if more than one is	3906
specified in the motion, the applicable combination of these, to	3907
withhold the amount required as restitution from any payment that	3908
is to be made under a pension, annuity, or allowance, under an	3909
option in the alternative retirement plan, under a participant	3910
account, as defined in section 148.01 of the Revised Code, or	3911
under any other type of benefit, other than a survivorship	3912
benefit, that has been or is in the future granted to the	3913
offender, from any payment of accumulated employee contributions	3914
standing to the offender's credit with that retirement system,	3915
that provider of the option under the alternative retirement plan,	3916
or that deferred compensation program, or, if more than one is	3917
specified in the motion, the applicable combination of these, and	3918
from any payment of any other amounts to be paid to the offender	3919
upon the offender's withdrawal of the offender's contributions	3920
pursuant to Chapter 145., 148., 742., 3307., 3309., or 5505. of	3921
the Revised Code. A motion described in this division may be filed	3922
at any time subsequent to the conviction of the offender or entry	3923
of a guilty plea. Upon the filing of the motion, the clerk of the	3924
court in which the motion is filed shall notify the offender, the	3925
specified retirement system, the specified provider under the	3926
alternative retirement plan, or the specified deferred	3927
compensation program, or, if more than one is specified in the	3928
motion, the applicable combination of these, in writing, of all of	3929
the following: that the motion was filed; that the offender will	3930
be granted a hearing on the issuance of the requested order if the	3931
offender files a written request for a hearing with the clerk	3932
prior to the expiration of thirty days after the offender receives	3933
the notice; that, if a hearing is requested, the court will	3934
schedule a hearing as soon as possible and notify the offender,	3935
any specified retirement system, any specified provider under an	3936
alternative retirement plan, and any specified deferred	3937
compensation program of the date, time, and place of the hearing;	3938
that, if a hearing is conducted, it will be limited only to a	3939
consideration of whether the offender can show good cause why the	3940
requested order should not be issued; that, if a hearing is	3941
conducted, the court will not issue the requested order if the	3942
court determines, based on evidence presented at the hearing by	3943
the offender, that there is good cause for the requested order not	3944
to be issued; that the court will issue the requested order if a	3945
hearing is not requested or if a hearing is conducted but the	3946
court does not determine, based on evidence presented at the	3947
hearing by the offender, that there is good cause for the	3948
requested order not to be issued; and that, if the requested order	3949
is issued, any retirement system, any provider under an	3950
alternative retirement plan, and any deferred compensation program	3951
specified in the motion will be required to withhold the amount	3952
required as restitution from payments to the offender.	3953

(ii) In any case in which a sentencing court is required to	3954
order restitution under division (C)(2)(a) of this section and in	3955
which a motion requesting the issuance of a withholding order as	3956
described in division (C)(2)(b)(i) of this section is filed, the	3957
offender may receive a hearing on the motion by delivering a	3958
written request for a hearing to the court prior to the expiration	3959
of thirty days after the offender's receipt of the notice provided	3960
pursuant to division (C)(2)(b)(i) of this section. If a request	3961
for a hearing is made by the offender within the prescribed time,	3962
the court shall schedule a hearing as soon as possible after the	3963
request is made and shall notify the offender, the specified	3964
retirement system, the specified provider under the alternative	3965
retirement plan, or the specified deferred compensation program,	3966
or, if more than one is specified in the motion, the applicable	3967
combination of these, of the date, time, and place of the hearing.	3968
A hearing scheduled under this division shall be limited to a	3969
consideration of whether there is good cause, based on evidence	3970
presented by the offender, for the requested order not to be	3971
issued. If the court determines, based on evidence presented by	3972
the offender, that there is good cause for the order not to be	3973
issued, the court shall deny the motion and shall not issue the	3974
requested order. If the offender does not request a hearing	3975
within the prescribed time or if the court conducts a hearing but	3976
does not determine, based on evidence presented by the offender,	3977
that there is good cause for the order not to be issued, the court	3978
shall order the specified retirement system, the specified	3979
provider under the alternative retirement plan, or the specified	3980
deferred compensation program, or, if more than one is specified	3981
in the motion, the applicable combination of these, to withhold	3982
the amount required as restitution under division (C)(2)(a) of	3983
this section from any payments to be made under a pension,	3984
annuity, or allowance, under a participant account, as defined in	3985
section 148.01 of the Revised Code, under an option in the	3986
alternative retirement plan, or under any other type of benefit,	3987
other than a survivorship benefit, that has been or is in the	3988
future granted to the offender, from any payment of accumulated	3989
employee contributions standing to the offender's credit with that	3990
retirement system, that provider under the alternative retirement	3991
plan, or that deferred compensation program, or, if more than one	3992
is specified in the motion, the applicable combination of these,	3993
and from any payment of any other amounts to be paid to the	3994
offender upon the offender's withdrawal of the offender's	3995
contributions pursuant to Chapter 145., 148., 742., 3307., 3309.,	3996
or 5505. of the Revised Code, and to continue the withholding for	3997
that purpose, in accordance with the order, out of each payment to	3998
be made on or after the date of issuance of the order, until	3999
further order of the court. Upon receipt of an order issued under	4000
this division, the public employees retirement system, the Ohio	4001
police and fire pension fund, the state teachers retirement	4002
system, the school employees retirement system, the state highway	4003
patrol retirement system, a municipal corporation retirement	4004
system, the provider under the alternative retirement plan, and	4005
the deferred compensation program offered by the Ohio public	4006
employees deferred compensation board, a municipal corporation, or	4007
a government unit, as defined in section 148.06 of the Revised	4008
Code, whichever are applicable, shall withhold the amount required	4009
as restitution, in accordance with the order, from any such	4010
payments and immediately shall forward the amount withheld to the	4011
clerk of the court in which the order was issued for payment to	4012
the entity to which restitution is to be made.	4013

(iii) Service of a notice required by division (C)(2)(b)(i)	4014
or (ii) of this section shall be effected in the same manner as	4015
provided in the Rules of Civil Procedure for the service of	4016
process.	4017

(D) Upon the filing of charges against a person under this	4018
section, the prosecutor, as defined in section 2935.01 of the	4019
Revised Code, who is assigned the case shall send written notice	4020
that charges have been filed against that person to the public	4021
employees retirement system, the Ohio police and fire pension	4022
fund, the state teachers retirement system, the school employees	4023
retirement system, the state highway patrol retirement system, the	4024
provider under an alternative retirement plan, any municipal	4025
corporation retirement system in this state, and the deferred	4026
compensation program offered by the Ohio public employees deferred	4027
compensation board, a municipal corporation, or a government unit,	4028
as defined in section 148.06 of the Revised Code. The written	4029
notice shall specifically identify the person charged.	4030

Sec. 2923.31. As used in sections 2923.31 to 2923.36 of the	4031
Revised Code:	4032

(A) "Beneficial interest" means any of the following:

4033

(1) The interest of a person as a beneficiary under a trust	4034
in which the trustee holds title to personal or real property;	4035

(2) The interest of a person as a beneficiary under any other	4036
trust arrangement under which any other person holds title to	4037
personal or real property for the benefit of such person;	4038

(3) The interest of a person under any other form of express	4039
fiduciary arrangement under which any other person holds title to	4040
personal or real property for the benefit of such person.	4041

"Beneficial interest" does not include the interest of a	4042
stockholder in a corporation or the interest of a partner in	4043
either a general or limited partnership.	4044

(B) "Costs of investigation and prosecution" and "costs of	4045
investigation and litigation" mean all of the costs incurred by	4046
the state or a county or municipal corporation under sections	4047
2923.31 to 2923.36 of the Revised Code in the prosecution and	4048
investigation of any criminal action or in the litigation and	4049
investigation of any civil action, and includes, but is not	4050
limited to, the costs of resources and personnel.	4051

(C) "Enterprise" includes any individual, sole	4052
proprietorship, partnership, limited partnership, corporation,	4053
trust, union, government agency, or other legal entity, or any	4054
organization, association, or group of persons associated in fact	4055
although not a legal entity. "Enterprise" includes illicit as well	4056
as licit enterprises.	4057

(D) "Innocent person" includes any bona fide purchaser of	4058
property that is allegedly involved in a violation of section	4059
2923.32 of the Revised Code, including any person who establishes	4060
a valid claim to or interest in the property in accordance with	4061
division (E) of section 2981.04 of the Revised Code, and any	4062
victim of an alleged violation of that section or of any	4063
underlying offense involved in an alleged violation of that	4064
section.	4065

(E) "Pattern of corrupt activity" means two or more incidents	4066
of corrupt activity, whether or not there has been a prior	4067
conviction, that are related to the affairs of the same	4068
enterprise, are not isolated, and are not so closely related to	4069
each other and connected in time and place that they constitute a	4070
single event.	4071

At least one of the incidents forming the pattern shall occur	4072
on or after January 1, 1986. Unless any incident was an aggravated	4073
murder or murder, the last of the incidents forming the pattern	4074
shall occur within six years after the commission of any prior	4075
incident forming the pattern, excluding any period of imprisonment	4076
served by any person engaging in the corrupt activity.	4077

For the purposes of the criminal penalties that may be	4078
imposed pursuant to section 2923.32 of the Revised Code, at least	4079
one of the incidents forming the pattern shall constitute a felony	4080
under the laws of this state in existence at the time it was	4081
committed or, if committed in violation of the laws of the United	4082
States or of any other state, shall constitute a felony under the	4083
law of the United States or the other state and would be a	4084
criminal offense under the law of this state if committed in this	4085
state.	4086

(F) "Pecuniary value" means money, a negotiable instrument, a	4087
commercial interest, or anything of value, as defined in section	4088
1.03 of the Revised Code, or any other property or service that	4089
has a value in excess of one hundred dollars.	4090

(G) "Person" means any person, as defined in section 1.59 of	4091
the Revised Code, and any governmental officer, employee, or	4092
entity.	4093

(H) "Personal property" means any personal property, any	4094
interest in personal property, or any right, including, but not	4095
limited to, bank accounts, debts, corporate stocks, patents, or	4096
copyrights. Personal property and any beneficial interest in	4097
personal property are deemed to be located where the trustee of	4098
the property, the personal property, or the instrument evidencing	4099
the right is located.	4100

(I) "Corrupt activity" means engaging in, attempting to	4101
engage in, conspiring to engage in, or soliciting, coercing, or	4102
intimidating another person to engage in any of the following:	4103

(1) Conduct defined as "racketeering activity" under the	4104
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.	4105
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;	4106

(2) Conduct constituting any of the following:

4107

(a) A violation of section 1315.55, 1322.02, 2903.01,	4108
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,	4109
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03,	4110
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	4111
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05,	4112
2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32,	4113
2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division	4114
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2)	4115
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of	4116
section 1707.44; division (A)(1) or (2) of section 2923.20;	4117
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or	4118
4719.06; division (C), (D), or (E) of section 4719.07; section	4119
4719.08; or division (A) of section 4719.09 of the Revised Code.	4120

(b) Any violation of section 3769.11, 3769.15, 3769.16, or	4121
3769.19 of the Revised Code as it existed prior to July 1, 1996,	4122
any violation of section 2915.02 of the Revised Code that occurs	4123
on or after July 1, 1996, and that, had it occurred prior to that	4124
date, would have been a violation of section 3769.11 of the	4125
Revised Code as it existed prior to that date, or any violation of	4126
section 2915.05 of the Revised Code that occurs on or after July	4127
1, 1996, and that, had it occurred prior to that date, would have	4128
been a violation of section 3769.15, 3769.16, or 3769.19 of the	4129
Revised Code as it existed prior to that date.	4130

(c) Any violation of section 2907.21, 2907.22, 2907.31,	4131
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,	4132
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37	4133
of the Revised Code, any violation of section 2925.11 of the	4134
Revised Code that is a felony of the first, second, third, or	4135
fourth degree and that occurs on or after July 1, 1996, any	4136
violation of section 2915.02 of the Revised Code that occurred	4137
prior to July 1, 1996, any violation of section 2915.02 of the	4138
Revised Code that occurs on or after July 1, 1996, and that, had	4139
it occurred prior to that date, would not have been a violation of	4140
section 3769.11 of the Revised Code as it existed prior to that	4141
date, any violation of section 2915.06 of the Revised Code as it	4142
existed prior to July 1, 1996, or any violation of division (B) of	4143
section 2915.05 of the Revised Code as it exists on and after July	4144
1, 1996, when the proceeds of the violation, the payments made in	4145
the violation, the amount of a claim for payment or for any other	4146
benefit that is false or deceptive and that is involved in the	4147
violation, or the value of the contraband or other property	4148
illegally possessed, sold, or purchased in the violation exceeds	4149
~~five hundred~~one thousand dollars, or any combination of	4150
violations described in division (I)(2)(c) of this section when	4151
the total proceeds of the combination of violations, payments made	4152
in the combination of violations, amount of the claims for payment	4153
or for other benefits that is false or deceptive and that is	4154
involved in the combination of violations, or value of the	4155
contraband or other property illegally possessed, sold, or	4156
purchased in the combination of violations exceeds ~~five hundred~~	4157
one thousand dollars;	4158

(d) Any violation of section 5743.112 of the Revised Code	4159
when the amount of unpaid tax exceeds one hundred dollars;	4160

(e) Any violation or combination of violations of section	4161
2907.32 of the Revised Code involving any material or performance	4162
containing a display of bestiality or of sexual conduct, as	4163
defined in section 2907.01 of the Revised Code, that is explicit	4164
and depicted with clearly visible penetration of the genitals or	4165
clearly visible penetration by the penis of any orifice when the	4166
total proceeds of the violation or combination of violations, the	4167
payments made in the violation or combination of violations, or	4168
the value of the contraband or other property illegally possessed,	4169
sold, or purchased in the violation or combination of violations	4170
exceeds ~~five hundred~~one thousand dollars;	4171

(f) Any combination of violations described in division	4172
(I)(2)(c) of this section and violations of section 2907.32 of the	4173
Revised Code involving any material or performance containing a	4174
display of bestiality or of sexual conduct, as defined in section	4175
2907.01 of the Revised Code, that is explicit and depicted with	4176
clearly visible penetration of the genitals or clearly visible	4177
penetration by the penis of any orifice when the total proceeds of	4178
the combination of violations, payments made in the combination of	4179
violations, amount of the claims for payment or for other benefits	4180
that is false or deceptive and that is involved in the combination	4181
of violations, or value of the contraband or other property	4182
illegally possessed, sold, or purchased in the combination of	4183
violations exceeds ~~five hundred~~one thousand dollars.	4184

(3) Conduct constituting a violation of any law of any state	4185
other than this state that is substantially similar to the conduct	4186
described in division (I)(2) of this section, provided the	4187
defendant was convicted of the conduct in a criminal proceeding in	4188
the other state;	4189

(4) Animal or ecological terrorism;

4190

(5)(a) Conduct constituting any of the following:

4191

(i) Organized retail theft;

4192

(ii) Conduct that constitutes one or more violations of any	4193
law of any state other than this state, that is substantially	4194
similar to organized retail theft, and that if committed in this	4195
state would be organized retail theft, if the defendant was	4196
convicted of or pleaded guilty to the conduct in a criminal	4197
proceeding in the other state.	4198

(b) By enacting division (I)(5)(a) of this section, it is the	4199
intent of the general assembly to add organized retail theft and	4200
the conduct described in division (I)(5)(a)(ii) of this section as	4201
conduct constituting corrupt activity. The enactment of division	4202
(I)(5)(a) of this section and the addition by division (I)(5)(a)	4203
of this section of organized retail theft and the conduct	4204
described in division (I)(5)(a)(ii) of this section as conduct	4205
constituting corrupt activity does not limit or preclude, and	4206
shall not be construed as limiting or precluding, any prosecution	4207
for a violation of section 2923.32 of the Revised Code that is	4208
based on one or more violations of section 2913.02 or 2913.51 of	4209
the Revised Code, one or more similar offenses under the laws of	4210
this state or any other state, or any combination of any of those	4211
violations or similar offenses, even though the conduct	4212
constituting the basis for those violations or offenses could be	4213
construed as also constituting organized retail theft or conduct	4214
of the type described in division (I)(5)(a)(ii) of this section.	4215

(J) "Real property" means any real property or any interest	4216
in real property, including, but not limited to, any lease of, or	4217
mortgage upon, real property. Real property and any beneficial	4218
interest in it is deemed to be located where the real property is	4219
located.	4220

(K) "Trustee" means any of the following:

4221

(1) Any person acting as trustee under a trust in which the	4222
trustee holds title to personal or real property;	4223

(2) Any person who holds title to personal or real property	4224
for which any other person has a beneficial interest;	4225

(3) Any successor trustee.

4226

"Trustee" does not include an assignee or trustee for an	4227
insolvent debtor or an executor, administrator, administrator with	4228
the will annexed, testamentary trustee, guardian, or committee,	4229
appointed by, under the control of, or accountable to a court.	4230

(L) "Unlawful debt" means any money or other thing of value	4231
constituting principal or interest of a debt that is legally	4232
unenforceable in this state in whole or in part because the debt	4233
was incurred or contracted in violation of any federal or state	4234
law relating to the business of gambling activity or relating to	4235
the business of lending money at an usurious rate unless the	4236
creditor proves, by a preponderance of the evidence, that the	4237
usurious rate was not intentionally set and that it resulted from	4238
a good faith error by the creditor, notwithstanding the	4239
maintenance of procedures that were adopted by the creditor to	4240
avoid an error of that nature.	4241

(M) "Animal activity" means any activity that involves the	4242
use of animals or animal parts, including, but not limited to,	4243
hunting, fishing, trapping, traveling, camping, the production,	4244
preparation, or processing of food or food products, clothing or	4245
garment manufacturing, medical research, other research,	4246
entertainment, recreation, agriculture, biotechnology, or service	4247
activity that involves the use of animals or animal parts.	4248

(N) "Animal facility" means a vehicle, building, structure,	4249
nature preserve, or other premises in which an animal is lawfully	4250
kept, handled, housed, exhibited, bred, or offered for sale,	4251
including, but not limited to, a zoo, rodeo, circus, amusement	4252
park, hunting preserve, or premises in which a horse or dog event	4253
is held.	4254

(O) "Animal or ecological terrorism" means the commission of	4255
any felony that involves causing or creating a substantial risk of	4256
physical harm to any property of another, the use of a deadly	4257
weapon or dangerous ordnance, or purposely, knowingly, or	4258
recklessly causing serious physical harm to property and that	4259
involves an intent to obstruct, impede, or deter any person from	4260
participating in a lawful animal activity, from mining, foresting,	4261
harvesting, gathering, or processing natural resources, or from	4262
being lawfully present in or on an animal facility or research	4263
facility.	4264

(P) "Research facility" means a place, laboratory,	4265
institution, medical care facility, government facility, or public	4266
or private educational institution in which a scientific test,	4267
experiment, or investigation involving the use of animals or other	4268
living organisms is lawfully carried out, conducted, or	4269
attempted.	4270

(Q) "Organized retail theft" means the theft of retail	4271
property with a retail value of ~~five hundred~~one thousand dollars	4272
or more from one or more retail establishments with the intent to	4273
sell, deliver, or transfer that property to a retail property	4274
fence.	4275

(R) "Retail property" means any tangible personal property	4276
displayed, held, stored, or offered for sale in or by a retail	4277
establishment.	4278

(S) "Retail property fence" means a person who possesses,	4279
procures, receives, or conceals retail property that was	4280
represented to the person as being stolen or that the person knows	4281
or believes to be stolen.	4282

(T) "Retail value" means the full retail value of the retail	4283
property. In determining whether the retail value of retail	4284
property equals or exceeds ~~five hundred~~one thousand dollars, the	4285
value of all retail property stolen from the retail establishment	4286
or retail establishments by the same person or persons within	4287
any one-hundred-eighty-day period shall be aggregated.	4288

Sec. 2925.01. As used in this chapter:

4289

(A) "Administer," "controlled substance," "dispense,"	4290
"distribute," "hypodermic," "manufacturer," "official written	4291
order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"	4292
"schedule II," "schedule III," "schedule IV," "schedule V," and	4293
"wholesaler" have the same meanings as in section 3719.01 of the	4294
Revised Code.	4295

(B) "Drug dependent person" and "drug of abuse" have the same	4296
meanings as in section 3719.011 of the Revised Code.	4297

(C) "Drug," "dangerous drug," "licensed health professional	4298
authorized to prescribe drugs," and "prescription" have the same	4299
meanings as in section 4729.01 of the Revised Code.	4300

(D) "Bulk amount" of a controlled substance means any of the	4301
following:	4302

(1) For any compound, mixture, preparation, or substance	4303
included in schedule I, schedule II, or schedule III, with the	4304
exception of marihuana, cocaine, L.S.D., heroin, and hashish and	4305
except as provided in division (D)(2) or (5) of this section,	4306
whichever of the following is applicable:	4307

(a) An amount equal to or exceeding ten grams or twenty-five	4308
unit doses of a compound, mixture, preparation, or substance that	4309
is or contains any amount of a schedule I opiate or opium	4310
derivative;	4311

(b) An amount equal to or exceeding ten grams of a compound,	4312
mixture, preparation, or substance that is or contains any amount	4313
of raw or gum opium;	4314

(c) An amount equal to or exceeding thirty grams or ten unit	4315
doses of a compound, mixture, preparation, or substance that is or	4316
contains any amount of a schedule I hallucinogen other than	4317
tetrahydrocannabinol or lysergic acid amide, or a schedule I	4318
stimulant or depressant;	4319

(d) An amount equal to or exceeding twenty grams or five	4320
times the maximum daily dose in the usual dose range specified in	4321
a standard pharmaceutical reference manual of a compound, mixture,	4322
preparation, or substance that is or contains any amount of a	4323
schedule II opiate or opium derivative;	4324

(e) An amount equal to or exceeding five grams or ten unit	4325
doses of a compound, mixture, preparation, or substance that is or	4326
contains any amount of phencyclidine;	4327

(f) An amount equal to or exceeding one hundred twenty grams	4328
or thirty times the maximum daily dose in the usual dose range	4329
specified in a standard pharmaceutical reference manual of a	4330
compound, mixture, preparation, or substance that is or contains	4331
any amount of a schedule II stimulant that is in a final dosage	4332
form manufactured by a person authorized by the "Federal Food,	4333
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as	4334
amended, and the federal drug abuse control laws, as defined in	4335
section 3719.01 of the Revised Code, that is or contains any	4336
amount of a schedule II depressant substance or a schedule II	4337
hallucinogenic substance;	4338

(g) An amount equal to or exceeding three grams of a	4339
compound, mixture, preparation, or substance that is or contains	4340
any amount of a schedule II stimulant, or any of its salts or	4341
isomers, that is not in a final dosage form manufactured by a	4342
person authorized by the Federal Food, Drug, and Cosmetic Act and	4343
the federal drug abuse control laws.	4344

(2) An amount equal to or exceeding one hundred twenty grams	4345
or thirty times the maximum daily dose in the usual dose range	4346
specified in a standard pharmaceutical reference manual of a	4347
compound, mixture, preparation, or substance that is or contains	4348
any amount of a schedule III or IV substance other than an	4349
anabolic steroid or a schedule III opiate or opium derivative;	4350

(3) An amount equal to or exceeding twenty grams or five	4351
times the maximum daily dose in the usual dose range specified in	4352
a standard pharmaceutical reference manual of a compound, mixture,	4353
preparation, or substance that is or contains any amount of a	4354
schedule III opiate or opium derivative;	4355

(4) An amount equal to or exceeding two hundred fifty	4356
milliliters or two hundred fifty grams of a compound, mixture,	4357
preparation, or substance that is or contains any amount of a	4358
schedule V substance;	4359

(5) An amount equal to or exceeding two hundred solid dosage	4360
units, sixteen grams, or sixteen milliliters of a compound,	4361
mixture, preparation, or substance that is or contains any amount	4362
of a schedule III anabolic steroid.	4363

(E) "Unit dose" means an amount or unit of a compound,	4364
mixture, or preparation containing a controlled substance that is	4365
separately identifiable and in a form that indicates that it is	4366
the amount or unit by which the controlled substance is separately	4367
administered to or taken by an individual.	4368

(F) "Cultivate" includes planting, watering, fertilizing, or	4369
tilling.	4370

(G) "Drug abuse offense" means any of the following:

4371

(1) A violation of division (A) of section 2913.02 that	4372
constitutes theft of drugs, or a violation of section 2925.02,	4373
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,	4374
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or	4375
2925.37 of the Revised Code;	4376

(2) A violation of an existing or former law of this or any	4377
other state or of the United States that is substantially	4378
equivalent to any section listed in division (G)(1) of this	4379
section;	4380

(3) An offense under an existing or former law of this or any	4381
other state, or of the United States, of which planting,	4382
cultivating, harvesting, processing, making, manufacturing,	4383
producing, shipping, transporting, delivering, acquiring,	4384
possessing, storing, distributing, dispensing, selling, inducing	4385
another to use, administering to another, using, or otherwise	4386
dealing with a controlled substance is an element;	4387

(4) A conspiracy to commit, attempt to commit, or complicity	4388
in committing or attempting to commit any offense under division	4389
(G)(1), (2), or (3) of this section.	4390

(H) "Felony drug abuse offense" means any drug abuse offense	4391
that would constitute a felony under the laws of this state, any	4392
other state, or the United States.	4393

(I) "Harmful intoxicant" does not include beer or	4394
intoxicating liquor but means any of the following:	4395

(1) Any compound, mixture, preparation, or substance the gas,	4396
fumes, or vapor of which when inhaled can induce intoxication,	4397
excitement, giddiness, irrational behavior, depression,	4398
stupefaction, paralysis, unconsciousness, asphyxiation, or other	4399
harmful physiological effects, and includes, but is not limited	4400
to, any of the following:	4401

(a) Any volatile organic solvent, plastic cement, model	4402
cement, fingernail polish remover, lacquer thinner, cleaning	4403
fluid, gasoline, or other preparation containing a volatile	4404
organic solvent;	4405

(b) Any aerosol propellant;

4406

4407

(d) Any anesthetic gas.

4408

(2) Gamma Butyrolactone;

4409

(3) 1,4 Butanediol.

4410

(J) "Manufacture" means to plant, cultivate, harvest,	4411
process, make, prepare, or otherwise engage in any part of the	4412
production of a drug, by propagation, extraction, chemical	4413
synthesis, or compounding, or any combination of the same, and	4414
includes packaging, repackaging, labeling, and other activities	4415
incident to production.	4416

(K) "Possess" or "possession" means having control over a	4417
thing or substance, but may not be inferred solely from mere	4418
access to the thing or substance through ownership or occupation	4419
of the premises upon which the thing or substance is found.	4420

(L) "Sample drug" means a drug or pharmaceutical preparation	4421
that would be hazardous to health or safety if used without the	4422
supervision of a licensed health professional authorized to	4423
prescribe drugs, or a drug of abuse, and that, at one time, had	4424
been placed in a container plainly marked as a sample by a	4425
manufacturer.	4426

(M) "Standard pharmaceutical reference manual" means the	4427
current edition, with cumulative changes if any, of any of the	4428
following reference works:	4429

(1) "The National Formulary";

4430

(2) "The United States Pharmacopeia," prepared by authority	4431
of the United States Pharmacopeial Convention, Inc.;	4432

(3) Other standard references that are approved by the state	4433
board of pharmacy.	4434

(N) "Juvenile" means a person under eighteen years of age.

4435

(O) "Counterfeit controlled substance" means any of the	4436
following:	4437

(1) Any drug that bears, or whose container or label bears, a	4438
trademark, trade name, or other identifying mark used without	4439
authorization of the owner of rights to that trademark, trade	4440
name, or identifying mark;	4441

(2) Any unmarked or unlabeled substance that is represented	4442
to be a controlled substance manufactured, processed, packed, or	4443
distributed by a person other than the person that manufactured,	4444
processed, packed, or distributed it;	4445

(3) Any substance that is represented to be a controlled	4446
substance but is not a controlled substance or is a different	4447
controlled substance;	4448

(4) Any substance other than a controlled substance that a	4449
reasonable person would believe to be a controlled substance	4450
because of its similarity in shape, size, and color, or its	4451
markings, labeling, packaging, distribution, or the price for	4452
which it is sold or offered for sale.	4453

(P) An offense is "committed in the vicinity of a school" if	4454
the offender commits the offense on school premises, in a school	4455
building, or within one thousand feet of the boundaries of any	4456
school premises, regardless of whether the offender knows the	4457
offense is being committed on school premises, in a school	4458
building, or within one thousand feet of the boundaries of any	4459
school premises.	4460

(Q) "School" means any school operated by a board of	4461
education, any community school established under Chapter 3314. of	4462
the Revised Code, or any nonpublic school for which the state	4463
board of education prescribes minimum standards under section	4464
3301.07 of the Revised Code, whether or not any instruction,	4465
extracurricular activities, or training provided by the school is	4466
being conducted at the time a criminal offense is committed.	4467

(R) "School premises" means either of the following:

4468

(1) The parcel of real property on which any school is	4469
situated, whether or not any instruction, extracurricular	4470
activities, or training provided by the school is being conducted	4471
on the premises at the time a criminal offense is committed;	4472

(2) Any other parcel of real property that is owned or leased	4473
by a board of education of a school, the governing authority of a	4474
community school established under Chapter 3314. of the Revised	4475
Code, or the governing body of a nonpublic school for which the	4476
state board of education prescribes minimum standards under	4477
section 3301.07 of the Revised Code and on which some of the	4478
instruction, extracurricular activities, or training of the school	4479
is conducted, whether or not any instruction, extracurricular	4480
activities, or training provided by the school is being conducted	4481
on the parcel of real property at the time a criminal offense is	4482
committed.	4483

(S) "School building" means any building in which any of the	4484
instruction, extracurricular activities, or training provided by a	4485
school is conducted, whether or not any instruction,	4486
extracurricular activities, or training provided by the school is	4487
being conducted in the school building at the time a criminal	4488
offense is committed.	4489

(T) "Disciplinary counsel" means the disciplinary counsel	4490
appointed by the board of commissioners on grievances and	4491
discipline of the supreme court under the Rules for the Government	4492
of the Bar of Ohio.	4493

(U) "Certified grievance committee" means a duly constituted	4494
and organized committee of the Ohio state bar association or of	4495
one or more local bar associations of the state of Ohio that	4496
complies with the criteria set forth in Rule V, section 6 of the	4497
Rules for the Government of the Bar of Ohio.	4498

(V) "Professional license" means any license, permit,	4499
certificate, registration, qualification, admission, temporary	4500
license, temporary permit, temporary certificate, or temporary	4501
registration that is described in divisions (W)(1) to (36) of this	4502
section and that qualifies a person as a professionally licensed	4503
person.	4504

(W) "Professionally licensed person" means any of the	4505
following:	4506

(1) A person who has obtained a license as a manufacturer of	4507
controlled substances or a wholesaler of controlled substances	4508
under Chapter 3719. of the Revised Code;	4509

(2) A person who has received a certificate or temporary	4510
certificate as a certified public accountant or who has registered	4511
as a public accountant under Chapter 4701. of the Revised Code and	4512
who holds an Ohio permit issued under that chapter;	4513

(3) A person who holds a certificate of qualification to	4514
practice architecture issued or renewed and registered under	4515
Chapter 4703. of the Revised Code;	4516

(4) A person who is registered as a landscape architect under	4517
Chapter 4703. of the Revised Code or who holds a permit as a	4518
landscape architect issued under that chapter;	4519

(5) A person licensed under Chapter 4707. of the Revised	4520
Code;	4521

(6) A person who has been issued a certificate of	4522
registration as a registered barber under Chapter 4709. of the	4523
Revised Code;	4524

(7) A person licensed and regulated to engage in the business	4525
of a debt pooling company by a legislative authority, under	4526
authority of Chapter 4710. of the Revised Code;	4527

(8) A person who has been issued a cosmetologist's license,	4528
hair designer's license, manicurist's license, esthetician's	4529
license, natural hair stylist's license, managing cosmetologist's	4530
license, managing hair designer's license, managing manicurist's	4531
license, managing esthetician's license, managing natural hair	4532
stylist's license, cosmetology instructor's license, hair design	4533
instructor's license, manicurist instructor's license, esthetics	4534
instructor's license, natural hair style instructor's license,	4535
independent contractor's license, or tanning facility permit under	4536
Chapter 4713. of the Revised Code;	4537

(9) A person who has been issued a license to practice	4538
dentistry, a general anesthesia permit, a conscious intravenous	4539
sedation permit, a limited resident's license, a limited teaching	4540
license, a dental hygienist's license, or a dental hygienist's	4541
teacher's certificate under Chapter 4715. of the Revised Code;	4542

(10) A person who has been issued an embalmer's license, a	4543
funeral director's license, a funeral home license, or a crematory	4544
license, or who has been registered for an embalmer's or funeral	4545
director's apprenticeship under Chapter 4717. of the Revised Code;	4546

(11) A person who has been licensed as a registered nurse or	4547
practical nurse, or who has been issued a certificate for the	4548
practice of nurse-midwifery under Chapter 4723. of the Revised	4549
Code;	4550

(12) A person who has been licensed to practice optometry or	4551
to engage in optical dispensing under Chapter 4725. of the Revised	4552
Code;	4553

(13) A person licensed to act as a pawnbroker under Chapter	4554
4727. of the Revised Code;	4555

(14) A person licensed to act as a precious metals dealer	4556
under Chapter 4728. of the Revised Code;	4557

(15) A person licensed as a pharmacist, a pharmacy intern, a	4558
wholesale distributor of dangerous drugs, or a terminal	4559
distributor of dangerous drugs under Chapter 4729. of the Revised	4560
Code;	4561

(16) A person who is authorized to practice as a physician	4562
assistant under Chapter 4730. of the Revised Code;	4563

(17) A person who has been issued a certificate to practice	4564
medicine and surgery, osteopathic medicine and surgery, a limited	4565
branch of medicine, or podiatry under Chapter 4731. of the Revised	4566
Code;	4567

(18) A person licensed as a psychologist or school	4568
psychologist under Chapter 4732. of the Revised Code;	4569

(19) A person registered to practice the profession of	4570
engineering or surveying under Chapter 4733. of the Revised Code;	4571

(20) A person who has been issued a license to practice	4572
chiropractic under Chapter 4734. of the Revised Code;	4573

(21) A person licensed to act as a real estate broker or real	4574
estate salesperson under Chapter 4735. of the Revised Code;	4575

(22) A person registered as a registered sanitarian under	4576
Chapter 4736. of the Revised Code;	4577

(23) A person licensed to operate or maintain a junkyard	4578
under Chapter 4737. of the Revised Code;	4579

(24) A person who has been issued a motor vehicle salvage	4580
dealer's license under Chapter 4738. of the Revised Code;	4581

(25) A person who has been licensed to act as a steam	4582
engineer under Chapter 4739. of the Revised Code;	4583

(26) A person who has been issued a license or temporary	4584
permit to practice veterinary medicine or any of its branches, or	4585
who is registered as a graduate animal technician under Chapter	4586
4741. of the Revised Code;	4587

(27) A person who has been issued a hearing aid dealer's or	4588
fitter's license or trainee permit under Chapter 4747. of the	4589
Revised Code;	4590

(28) A person who has been issued a class A, class B, or	4591
class C license or who has been registered as an investigator or	4592
security guard employee under Chapter 4749. of the Revised Code;	4593

(29) A person licensed and registered to practice as a	4594
nursing home administrator under Chapter 4751. of the Revised	4595
Code;	4596

(30) A person licensed to practice as a speech-language	4597
pathologist or audiologist under Chapter 4753. of the Revised	4598
Code;	4599

(31) A person issued a license as an occupational therapist	4600
or physical therapist under Chapter 4755. of the Revised Code;	4601

(32) A person who is licensed as a professional clinical	4602
counselor or professional counselor, licensed as a social worker	4603
or independent social worker, or registered as a social work	4604
assistant under Chapter 4757. of the Revised Code;	4605

(33) A person issued a license to practice dietetics under	4606
Chapter 4759. of the Revised Code;	4607

(34) A person who has been issued a license or limited permit	4608
to practice respiratory therapy under Chapter 4761. of the Revised	4609
Code;	4610

(35) A person who has been issued a real estate appraiser	4611
certificate under Chapter 4763. of the Revised Code;	4612

(36) A person who has been admitted to the bar by order of	4613
the supreme court in compliance with its prescribed and published	4614
rules.	4615

(X) "Cocaine" means any of the following:

4616

(1) A cocaine salt, isomer, or derivative, a salt of a	4617
cocaine isomer or derivative, or the base form of cocaine;	4618

(2) Coca leaves or a salt, compound, derivative, or	4619
preparation of coca leaves, including ecgonine, a salt, isomer, or	4620
derivative of ecgonine, or a salt of an isomer or derivative of	4621
ecgonine;	4622

(3) A salt, compound, derivative, or preparation of a	4623
substance identified in division (X)(1) or (2) of this section	4624
that is chemically equivalent to or identical with any of those	4625
substances, except that the substances shall not include	4626
decocainized coca leaves or extraction of coca leaves if the	4627
extractions do not contain cocaine or ecgonine.	4628

(Y) "L.S.D." means lysergic acid diethylamide.

4629

(Z) "Hashish" means the resin or a preparation of the resin	4630
contained in marihuana, whether in solid form or in a liquid	4631
concentrate, liquid extract, or liquid distillate form.	4632

(AA) "Marihuana" has the same meaning as in section 3719.01	4633
of the Revised Code, except that it does not include hashish.	4634

(BB) An offense is "committed in the vicinity of a juvenile"	4635
if the offender commits the offense within one hundred feet of a	4636
juvenile or within the view of a juvenile, regardless of whether	4637
the offender knows the age of the juvenile, whether the offender	4638
knows the offense is being committed within one hundred feet of or	4639
within view of the juvenile, or whether the juvenile actually	4640
views the commission of the offense.	4641

(CC) "Presumption for a prison term" or "presumption that a	4642
prison term shall be imposed" means a presumption, as described in	4643
division (D) of section 2929.13 of the Revised Code, that a prison	4644
term is a necessary sanction for a felony in order to comply with	4645
the purposes and principles of sentencing under section 2929.11 of	4646
the Revised Code.	4647

(DD) "Major drug offender" has the same meaning as in section	4648
2929.01 of the Revised Code.	4649

(EE) "Minor drug possession offense" means either of the	4650
following:	4651

(1) A violation of section 2925.11 of the Revised Code as it	4652
existed prior to July 1, 1996;	4653

(2) A violation of section 2925.11 of the Revised Code as it	4654
exists on and after July 1, 1996, that is a misdemeanor or a	4655
felony of the fifth degree.	4656

(FF) "Mandatory prison term" has the same meaning as in	4657
section 2929.01 of the Revised Code.	4658

(GG) ~~"Crack cocaine" means a compound, mixture, preparation,~~	4659
~~or substance that is or contains any amount of cocaine that is~~	4660
~~analytically identified as the base form of cocaine or that is in~~	4661
~~a form that resembles rocks or pebbles generally intended for~~	4662
~~individual use.~~	4663

~~(HH)~~ "Adulterate" means to cause a drug to be adulterated as	4664
described in section 3715.63 of the Revised Code.	4665

~~(II)~~(HH) "Public premises" means any hotel, restaurant,	4666
tavern, store, arena, hall, or other place of public	4667
accommodation, business, amusement, or resort.	4668

~~(JJ)~~(II) "Methamphetamine" means methamphetamine, any salt,	4669
isomer, or salt of an isomer of methamphetamine, or any compound,	4670
mixture, preparation, or substance containing methamphetamine or	4671
any salt, isomer, or salt of an isomer of methamphetamine.	4672

~~(KK)~~(JJ) "Lawful prescription" means a prescription that is	4673
issued for a legitimate medical purpose by a licensed health	4674
professional authorized to prescribe drugs, that is not altered or	4675
forged, and that was not obtained by means of deception or by the	4676
commission of any theft offense.	4677

~~(LL)~~(KK) "Deception" and "theft offense" have the same	4678
meanings as in section 2913.01 of the Revised Code.	4679

Sec. 2925.03. (A) No person shall knowingly do any of the	4680
following:	4681

(1) Sell or offer to sell a controlled substance;

4682

(2) Prepare for shipment, ship, transport, deliver, prepare	4683
for distribution, or distribute a controlled substance, when the	4684
offender knows or has reasonable cause to believe that the	4685
controlled substance is intended for sale or resale by the	4686
offender or another person.	4687

(B) This section does not apply to any of the following:

4688

(1) Manufacturers, licensed health professionals authorized	4689
to prescribe drugs, pharmacists, owners of pharmacies, and other	4690
persons whose conduct is in accordance with Chapters 3719., 4715.,	4691
4723., 4729., 4730., 4731., and 4741. of the Revised Code;	4692

(2) If the offense involves an anabolic steroid, any person	4693
who is conducting or participating in a research project involving	4694
the use of an anabolic steroid if the project has been approved by	4695
the United States food and drug administration;	4696

(3) Any person who sells, offers for sale, prescribes,	4697
dispenses, or administers for livestock or other nonhuman species	4698
an anabolic steroid that is expressly intended for administration	4699
through implants to livestock or other nonhuman species and	4700
approved for that purpose under the "Federal Food, Drug, and	4701
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	4702
and is sold, offered for sale, prescribed, dispensed, or	4703
administered for that purpose in accordance with that act.	4704

(C) Whoever violates division (A) of this section is guilty	4705
of one of the following:	4706

(1) If the drug involved in the violation is any compound,	4707
mixture, preparation, or substance included in schedule I or	4708
schedule II, with the exception of marihuana, cocaine, L.S.D.,	4709
heroin, and hashish, whoever violates division (A) of this section	4710
is guilty of aggravated trafficking in drugs. The penalty for the	4711
offense shall be determined as follows:	4712

(a) Except as otherwise provided in division (C)(1)(b), (c),	4713
(d), (e), or (f) of this section, aggravated trafficking in drugs	4714
is a felony of the fourth degree, and division (C) of section	4715
2929.13 of the Revised Code applies in determining whether to	4716
impose a prison term on the offender.	4717

(b) Except as otherwise provided in division (C)(1)(c), (d),	4718
(e), or (f) of this section, if the offense was committed in the	4719
vicinity of a school or in the vicinity of a juvenile, aggravated	4720
trafficking in drugs is a felony of the third degree, and division	4721
(C) of section 2929.13 of the Revised Code applies in determining	4722
whether to impose a prison term on the offender.	4723

(c) Except as otherwise provided in this division, if the	4724
amount of the drug involved equals or exceeds the bulk amount but	4725
is less than five times the bulk amount, aggravated trafficking in	4726
drugs is a felony of the third degree, and the court shall impose	4727
as a mandatory prison term one of the prison terms prescribed for	4728
a felony of the third degree. If the amount of the drug involved	4729
is within that range and if the offense was committed in the	4730
vicinity of a school or in the vicinity of a juvenile, aggravated	4731
trafficking in drugs is a felony of the second degree, and the	4732
court shall impose as a mandatory prison term one of the prison	4733
terms prescribed for a felony of the second degree.	4734

(d) Except as otherwise provided in this division, if the	4735
amount of the drug involved equals or exceeds five times the bulk	4736
amount but is less than fifty times the bulk amount, aggravated	4737
trafficking in drugs is a felony of the second degree, and the	4738
court shall impose as a mandatory prison term one of the prison	4739
terms prescribed for a felony of the second degree. If the amount	4740
of the drug involved is within that range and if the offense was	4741
committed in the vicinity of a school or in the vicinity of a	4742
juvenile, aggravated trafficking in drugs is a felony of the first	4743
degree, and the court shall impose as a mandatory prison term one	4744
of the prison terms prescribed for a felony of the first degree.	4745

(e) If the amount of the drug involved equals or exceeds	4746
fifty times the bulk amount but is less than one hundred times the	4747
bulk amount and regardless of whether the offense was committed in	4748
the vicinity of a school or in the vicinity of a juvenile,	4749
aggravated trafficking in drugs is a felony of the first degree,	4750
and the court shall impose as a mandatory prison term one of the	4751
prison terms prescribed for a felony of the first degree.	4752

(f) If the amount of the drug involved equals or exceeds one	4753
hundred times the bulk amount and regardless of whether the	4754
offense was committed in the vicinity of a school or in the	4755
vicinity of a juvenile, aggravated trafficking in drugs is a	4756
felony of the first degree, the offender is a major drug offender,	4757
and the court shall impose as a mandatory prison term the maximum	4758
prison term prescribed for a felony of the first degree and may	4759
impose an additional prison term prescribed for a major drug	4760
offender under division (D)(3)(b) of section 2929.14 of the	4761
Revised Code.	4762

(2) If the drug involved in the violation is any compound,	4763
mixture, preparation, or substance included in schedule III, IV,	4764
or V, whoever violates division (A) of this section is guilty of	4765
trafficking in drugs. The penalty for the offense shall be	4766
determined as follows:	4767

(a) Except as otherwise provided in division (C)(2)(b), (c),	4768
(d), or (e) of this section, trafficking in drugs is a felony of	4769
the fifth degree, and division (C) of section 2929.13 of the	4770
Revised Code applies in determining whether to impose a prison	4771
term on the offender.	4772

(b) Except as otherwise provided in division (C)(2)(c), (d),	4773
or (e) of this section, if the offense was committed in the	4774
vicinity of a school or in the vicinity of a juvenile, trafficking	4775
in drugs is a felony of the fourth degree, and division (C) of	4776
section 2929.13 of the Revised Code applies in determining whether	4777
to impose a prison term on the offender.	4778

(c) Except as otherwise provided in this division, if the	4779
amount of the drug involved equals or exceeds the bulk amount but	4780
is less than five times the bulk amount, trafficking in drugs is a	4781
felony of the fourth degree, and there is a presumption for a	4782
prison term for the offense. If the amount of the drug involved is	4783
within that range and if the offense was committed in the vicinity	4784
of a school or in the vicinity of a juvenile, trafficking in drugs	4785
is a felony of the third degree, and there is a presumption for a	4786
prison term for the offense.	4787

(d) Except as otherwise provided in this division, if the	4788
amount of the drug involved equals or exceeds five times the bulk	4789
amount but is less than fifty times the bulk amount, trafficking	4790
in drugs is a felony of the third degree, and there is a	4791
presumption for a prison term for the offense. If the amount of	4792
the drug involved is within that range and if the offense was	4793
committed in the vicinity of a school or in the vicinity of a	4794
juvenile, trafficking in drugs is a felony of the second degree,	4795
and there is a presumption for a prison term for the offense.	4796

(e) Except as otherwise provided in this division, if the	4797
amount of the drug involved equals or exceeds fifty times the bulk	4798
amount, trafficking in drugs is a felony of the second degree, and	4799
the court shall impose as a mandatory prison term one of the	4800
prison terms prescribed for a felony of the second degree. If the	4801
amount of the drug involved equals or exceeds fifty times the bulk	4802
amount and if the offense was committed in the vicinity of a	4803
school or in the vicinity of a juvenile, trafficking in drugs is a	4804
felony of the first degree, and the court shall impose as a	4805
mandatory prison term one of the prison terms prescribed for a	4806
felony of the first degree.	4807

(3) If the drug involved in the violation is marihuana or a	4808
compound, mixture, preparation, or substance containing marihuana	4809
other than hashish, whoever violates division (A) of this section	4810
is guilty of trafficking in marihuana. The penalty for the offense	4811
shall be determined as follows:	4812

(a) Except as otherwise provided in division (C)(3)(b), (c),	4813
(d), (e), (f), or (g), or (h) of this section, trafficking in	4814
marihuana is a felony of the fifth degree, and division ~~(C)~~(B) of	4815
section 2929.13 of the Revised Code applies in determining whether	4816
to impose a prison term on the offender.	4817

(b) Except as otherwise provided in division (C)(3)(c), (d),	4818
(e), (f), or (g), or (h) of this section, if the offense was	4819
committed in the vicinity of a school or in the vicinity of a	4820
juvenile, trafficking in marihuana is a felony of the fourth	4821
degree, and division ~~(C)~~(B) of section 2929.13 of the Revised Code	4822
applies in determining whether to impose a prison term on the	4823
offender.	4824

(c) Except as otherwise provided in this division, if the	4825
amount of the drug involved equals or exceeds two hundred grams	4826
but is less than one thousand grams, trafficking in marihuana is a	4827
felony of the fourth degree, and division ~~(C)~~(B) of section	4828
2929.13 of the Revised Code applies in determining whether to	4829
impose a prison term on the offender. If the amount of the drug	4830
involved is within that range and if the offense was committed in	4831
the vicinity of a school or in the vicinity of a juvenile,	4832
trafficking in marihuana is a felony of the third degree, and	4833
division (C) of section 2929.13 of the Revised Code applies in	4834
determining whether to impose a prison term on the offender.	4835

(d) Except as otherwise provided in this division, if the	4836
amount of the drug involved equals or exceeds one thousand grams	4837
but is less than five thousand grams, trafficking in marihuana is	4838
a felony of the third degree, and division (C) of section 2929.13	4839
of the Revised Code applies in determining whether to impose a	4840
prison term on the offender. If the amount of the drug involved is	4841
within that range and if the offense was committed in the vicinity	4842
of a school or in the vicinity of a juvenile, trafficking in	4843
marihuana is a felony of the second degree, and there is a	4844
presumption that a prison term shall be imposed for the offense.	4845

(e) Except as otherwise provided in this division, if the	4846
amount of the drug involved equals or exceeds five thousand grams	4847
but is less than twenty thousand grams, trafficking in marihuana	4848
is a felony of the third degree, and there is a presumption that a	4849
prison term shall be imposed for the offense. If the amount of the	4850
drug involved is within that range and if the offense was	4851
committed in the vicinity of a school or in the vicinity of a	4852
juvenile, trafficking in marihuana is a felony of the second	4853
degree, and there is a presumption that a prison term shall be	4854
imposed for the offense.	4855

(f) Except as otherwise provided in this division, if the	4856
amount of the drug involved equals or exceeds twenty thousand	4857
grams but is less than forty thousand grams, trafficking in	4858
marihuana is a felony of the second degree, and the court shall	4859
impose a mandatory prison term of five, six, seven, or eight	4860
years. If the amount of the drug involved is within that range and	4861
if the offense was committed in the vicinity of a school or in the	4862
vicinity of a juvenile, trafficking in marihuana is a felony of	4863
the first degree, and the court shall impose as a mandatory prison	4864
term the maximum prison term prescribed for a felony of the first	4865
degree.	4866

(g) Except as otherwise provided in this division, if the	4867
amount of the drug involved equals or exceeds forty thousand	4868
grams, trafficking in marihuana is a felony of the second degree,	4869
and the court shall impose as a mandatory prison term the maximum	4870
prison term prescribed for a felony of the second degree. If the	4871
amount of the drug involved equals or exceeds ~~twenty~~forty	4872
thousand grams and if the offense was committed in the vicinity of	4873
a school or in the vicinity of a juvenile, trafficking in	4874
marihuana is a felony of the first degree, and the court shall	4875
impose as a mandatory prison term the maximum prison term	4876
prescribed for a felony of the first degree.	4877

~~(g)~~(h) Except as otherwise provided in this division, if the	4878
offense involves a gift of twenty grams or less of marihuana,	4879
trafficking in marihuana is a minor misdemeanor upon a first	4880
offense and a misdemeanor of the third degree upon a subsequent	4881
offense. If the offense involves a gift of twenty grams or less of	4882
marihuana and if the offense was committed in the vicinity of a	4883
school or in the vicinity of a juvenile, trafficking in marihuana	4884
is a misdemeanor of the third degree.	4885

(4) If the drug involved in the violation is cocaine or a	4886
compound, mixture, preparation, or substance containing cocaine,	4887
whoever violates division (A) of this section is guilty of	4888
trafficking in cocaine. The penalty for the offense shall be	4889
determined as follows:	4890

(a) Except as otherwise provided in division (C)(4)(b), (c),	4891
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	4892
felony of the fifth degree, and division (C) of section 2929.13 of	4893
the Revised Code applies in determining whether to impose a prison	4894
term on the offender.	4895

(b) Except as otherwise provided in division (C)(4)(c), (d),	4896
(e), (f), or (g) of this section, if the offense was committed in	4897
the vicinity of a school or in the vicinity of a juvenile,	4898
trafficking in cocaine is a felony of the fourth degree, and	4899
division (C) of section 2929.13 of the Revised Code applies in	4900
determining whether to impose a prison term on the offender.	4901

(c) Except as otherwise provided in this division, if the	4902
amount of the drug involved equals or exceeds five grams but is	4903
less than ten grams of cocaine ~~that is not crack cocaine or equals~~	4904
~~or exceeds one gram but is less than five grams of crack cocaine~~,	4905
trafficking in cocaine is a felony of the fourth degree, and there	4906
is a presumption for a prison term for the offense. If the amount	4907
of the drug involved is within ~~one of those ranges~~that range and	4908
if the offense was committed in the vicinity of a school or in the	4909
vicinity of a juvenile, trafficking in cocaine is a felony of the	4910
third degree, and there is a presumption for a prison term for the	4911
offense.	4912

(d) Except as otherwise provided in this division, if the	4913
amount of the drug involved equals or exceeds ten grams but is	4914
less than ~~one hundred~~twenty grams of cocaine ~~that is not crack~~	4915
~~cocaine or equals or exceeds five grams but is less than ten grams~~	4916
~~of crack cocaine~~, trafficking in cocaine is a felony of the third	4917
degree, and the court shall impose as a mandatory prison term one	4918
of the prison terms prescribed for a felony of the third degree.	4919
If the amount of the drug involved is within ~~one of those ranges~~	4920
that range and if the offense was committed in the vicinity of a	4921
school or in the vicinity of a juvenile, trafficking in cocaine is	4922
a felony of the second degree, and the court shall impose as a	4923
mandatory prison term one of the prison terms prescribed for a	4924
felony of the second degree.	4925

(e) Except as otherwise provided in this division, if the	4926
amount of the drug involved equals or exceeds ~~one hundred~~twenty	4927
grams but is less than ~~five hundred~~twenty-seven grams of cocaine	4928
~~that is not crack cocaine or equals or exceeds ten grams but is~~	4929
~~less than twenty-five grams of crack cocaine~~, trafficking in	4930
cocaine is a felony of the second degree, and the court shall	4931
impose as a mandatory prison term one of the prison terms	4932
prescribed for a felony of the second degree. If the amount of the	4933
drug involved is within ~~one of those ranges~~that range and if the	4934
offense was committed in the vicinity of a school or in the	4935
vicinity of a juvenile, trafficking in cocaine is a felony of	4936
the first degree, and the court shall impose as a mandatory	4937
prison term one of the prison terms prescribed for a felony of	4938
the first degree.	4939

(f) If the amount of the drug involved equals or exceeds ~~five~~	4940
~~hundred~~twenty-seven grams but is less than one ~~thousand~~hundred	4941
grams of cocaine ~~that is not crack cocaine or equals or exceeds~~	4942
~~twenty-five grams but is less than one hundred grams of crack~~	4943
~~cocaine~~ and regardless of whether the offense was committed in	4944
the vicinity of a school or in the vicinity of a juvenile,	4945
trafficking in cocaine is a felony of the first degree, and the	4946
court shall impose as a mandatory prison term one of the prison	4947
terms prescribed for a felony of the first degree.	4948

(g) If the amount of the drug involved equals or exceeds one	4949
~~thousand~~hundred grams of cocaine ~~that is not crack cocaine or~~	4950
~~equals or exceeds one hundred grams of crack cocaine~~ and	4951
regardless of whether the offense was committed in the vicinity of	4952
a school or in the vicinity of a juvenile, trafficking in cocaine	4953
is a felony of the first degree, the offender is a major drug	4954
offender, and the court shall impose as a mandatory prison term	4955
the maximum prison term prescribed for a felony of the first	4956
degree and may impose an additional mandatory prison term	4957
prescribed for a major drug offender under division (D)(3)(b) of	4958
section 2929.14 of the Revised Code.	4959

(5) If the drug involved in the violation is L.S.D. or a	4960
compound, mixture, preparation, or substance containing L.S.D.,	4961
whoever violates division (A) of this section is guilty of	4962
trafficking in L.S.D. The penalty for the offense shall be	4963
determined as follows:	4964

(a) Except as otherwise provided in division (C)(5)(b), (c),	4965
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	4966
felony of the fifth degree, and division (C) of section 2929.13 of	4967
the Revised Code applies in determining whether to impose a prison	4968
term on the offender.	4969

(b) Except as otherwise provided in division (C)(5)(c), (d),	4970
(e), (f), or (g) of this section, if the offense was committed in	4971
the vicinity of a school or in the vicinity of a juvenile,	4972
trafficking in L.S.D. is a felony of the fourth degree, and	4973
division (C) of section 2929.13 of the Revised Code applies in	4974
determining whether to impose a prison term on the offender.	4975

(c) Except as otherwise provided in this division, if the	4976
amount of the drug involved equals or exceeds ten unit doses but	4977
is less than fifty unit doses of L.S.D. in a solid form or equals	4978
or exceeds one gram but is less than five grams of L.S.D. in a	4979
liquid concentrate, liquid extract, or liquid distillate form,	4980
trafficking in L.S.D. is a felony of the fourth degree, and there	4981
is a presumption for a prison term for the offense. If the amount	4982
of the drug involved is within that range and if the offense was	4983
committed in the vicinity of a school or in the vicinity of a	4984
juvenile, trafficking in L.S.D. is a felony of the third degree,	4985
and there is a presumption for a prison term for the offense.	4986

(d) Except as otherwise provided in this division, if the	4987
amount of the drug involved equals or exceeds fifty unit doses but	4988
is less than two hundred fifty unit doses of L.S.D. in a solid	4989
form or equals or exceeds five grams but is less than twenty-five	4990
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	4991
distillate form, trafficking in L.S.D. is a felony of the third	4992
degree, and the court shall impose as a mandatory prison term one	4993
of the prison terms prescribed for a felony of the third degree.	4994
If the amount of the drug involved is within that range and if the	4995
offense was committed in the vicinity of a school or in the	4996
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	4997
second degree, and the court shall impose as a mandatory prison	4998
term one of the prison terms prescribed for a felony of the second	4999
degree.	5000

(e) Except as otherwise provided in this division, if the	5001
amount of the drug involved equals or exceeds two hundred fifty	5002
unit doses but is less than one thousand unit doses of L.S.D. in a	5003
solid form or equals or exceeds twenty-five grams but is less than	5004
one hundred grams of L.S.D. in a liquid concentrate, liquid	5005
extract, or liquid distillate form, trafficking in L.S.D. is a	5006
felony of the second degree, and the court shall impose as a	5007
mandatory prison term one of the prison terms prescribed for a	5008
felony of the second degree. If the amount of the drug involved is	5009
within that range and if the offense was committed in the vicinity	5010
of a school or in the vicinity of a juvenile, trafficking in	5011
L.S.D. is a felony of the first degree, and the court shall impose	5012
as a mandatory prison term one of the prison terms prescribed for	5013
a felony of the first degree.	5014

(f) If the amount of the drug involved equals or exceeds one	5015
thousand unit doses but is less than five thousand unit doses of	5016
L.S.D. in a solid form or equals or exceeds one hundred grams but	5017
is less than five hundred grams of L.S.D. in a liquid concentrate,	5018
liquid extract, or liquid distillate form and regardless of	5019
whether the offense was committed in the vicinity of a school or	5020
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	5021
of the first degree, and the court shall impose as a mandatory	5022
prison term one of the prison terms prescribed for a felony of the	5023
first degree.	5024

(g) If the amount of the drug involved equals or exceeds five	5025
thousand unit doses of L.S.D. in a solid form or equals or exceeds	5026
five hundred grams of L.S.D. in a liquid concentrate, liquid	5027
extract, or liquid distillate form and regardless of whether the	5028
offense was committed in the vicinity of a school or in the	5029
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	5030
first degree, the offender is a major drug offender, and the court	5031
shall impose as a mandatory prison term the maximum prison term	5032
prescribed for a felony of the first degree and may impose an	5033
additional mandatory prison term prescribed for a major drug	5034
offender under division (D)(3)(b) of section 2929.14 of the	5035
Revised Code.	5036

(6) If the drug involved in the violation is heroin or a	5037
compound, mixture, preparation, or substance containing heroin,	5038
whoever violates division (A) of this section is guilty of	5039
trafficking in heroin. The penalty for the offense shall be	5040
determined as follows:	5041

(a) Except as otherwise provided in division (C)(6)(b), (c),	5042
(d), (e), (f), or (g) of this section, trafficking in heroin is a	5043
felony of the fifth degree, and division (C) of section 2929.13 of	5044
the Revised Code applies in determining whether to impose a prison	5045
term on the offender.	5046

(b) Except as otherwise provided in division (C)(6)(c), (d),	5047
(e), (f), or (g) of this section, if the offense was committed in	5048
the vicinity of a school or in the vicinity of a juvenile,	5049
trafficking in heroin is a felony of the fourth degree, and	5050
division (C) of section 2929.13 of the Revised Code applies in	5051
determining whether to impose a prison term on the offender.	5052

(c) Except as otherwise provided in this division, if the	5053
amount of the drug involved equals or exceeds ten unit doses but	5054
is less than fifty unit doses or equals or exceeds one gram but is	5055
less than five grams, trafficking in heroin is a felony of the	5056
fourth degree, and there is a presumption for a prison term for	5057
the offense. If the amount of the drug involved is within that	5058
range and if the offense was committed in the vicinity of a school	5059
or in the vicinity of a juvenile, trafficking in heroin is a	5060
felony of the third degree, and there is a presumption for a	5061
prison term for the offense.	5062

(d) Except as otherwise provided in this division, if the	5063
amount of the drug involved equals or exceeds fifty unit doses but	5064
is less than one hundred unit doses or equals or exceeds five	5065
grams but is less than ten grams, trafficking in heroin is a	5066
felony of the third degree, and there is a presumption for a	5067
prison term for the offense. If the amount of the drug involved	5068
is within that range and if the offense was committed in the	5069
vicinity of a school or in the vicinity of a juvenile, trafficking	5070
in heroin is a felony of the second degree, and there is a	5071
presumption for a prison term for the offense.	5072

(e) Except as otherwise provided in this division, if the	5073
amount of the drug involved equals or exceeds one hundred unit	5074
doses but is less than five hundred unit doses or equals or	5075
exceeds ten grams but is less than fifty grams, trafficking in	5076
heroin is a felony of the second degree, and the court shall	5077
impose as a mandatory prison term one of the prison terms	5078
prescribed for a felony of the second degree. If the amount of the	5079
drug involved is within that range and if the offense was	5080
committed in the vicinity of a school or in the vicinity of a	5081
juvenile, trafficking in heroin is a felony of the first degree,	5082
and the court shall impose as a mandatory prison term one of the	5083
prison terms prescribed for a felony of the first degree.	5084

(f) If the amount of the drug involved equals or exceeds five	5085
hundred unit doses but is less than two thousand five hundred unit	5086
doses or equals or exceeds fifty grams but is less than two	5087
hundred fifty grams and regardless of whether the offense was	5088
committed in the vicinity of a school or in the vicinity of a	5089
juvenile, trafficking in heroin is a felony of the first degree,	5090
and the court shall impose as a mandatory prison term one of the	5091
prison terms prescribed for a felony of the first degree.	5092

(g) If the amount of the drug involved equals or exceeds two	5093
thousand five hundred unit doses or equals or exceeds two hundred	5094
fifty grams and regardless of whether the offense was committed in	5095
the vicinity of a school or in the vicinity of a juvenile,	5096
trafficking in heroin is a felony of the first degree, the	5097
offender is a major drug offender, and the court shall impose as a	5098
mandatory prison term the maximum prison term prescribed for a	5099
felony of the first degree and may impose an additional mandatory	5100
prison term prescribed for a major drug offender under division	5101
(D)(3)(b) of section 2929.14 of the Revised Code.	5102

(7) If the drug involved in the violation is hashish or a	5103
compound, mixture, preparation, or substance containing hashish,	5104
whoever violates division (A) of this section is guilty of	5105
trafficking in hashish. The penalty for the offense shall be	5106
determined as follows:	5107

(a) Except as otherwise provided in division (C)(7)(b), (c),	5108
(d), (e), or (f), or (g) of this section, trafficking in hashish	5109
is a felony of the fifth degree, and division ~~(C)~~(B) of section	5110
2929.13 of the Revised Code applies in determining whether to	5111
impose a prison term on the offender.	5112

(b) Except as otherwise provided in division (C)(7)(c), (d),	5113
(e), or (f), or (g) of this section, if the offense was committed	5114
in the vicinity of a school or in the vicinity of a juvenile,	5115
trafficking in hashish is a felony of the fourth degree, and	5116
division ~~(C)~~(B) of section 2929.13 of the Revised Code applies in	5117
determining whether to impose a prison term on the offender.	5118

(c) Except as otherwise provided in this division, if the	5119
amount of the drug involved equals or exceeds ten grams but is	5120
less than fifty grams of hashish in a solid form or equals or	5121
exceeds two grams but is less than ten grams of hashish in a	5122
liquid concentrate, liquid extract, or liquid distillate form,	5123
trafficking in hashish is a felony of the fourth degree, and	5124
division ~~(C)~~(B) of section 2929.13 of the Revised Code applies in	5125
determining whether to impose a prison term on the offender. If	5126
the amount of the drug involved is within that range and if the	5127
offense was committed in the vicinity of a school or in the	5128
vicinity of a juvenile, trafficking in hashish is a felony of the	5129
third degree, and division (C) of section 2929.13 of the Revised	5130
Code applies in determining whether to impose a prison term on the	5131
offender.	5132

(d) Except as otherwise provided in this division, if the	5133
amount of the drug involved equals or exceeds fifty grams but is	5134
less than two hundred fifty grams of hashish in a solid form or	5135
equals or exceeds ten grams but is less than fifty grams of	5136
hashish in a liquid concentrate, liquid extract, or liquid	5137
distillate form, trafficking in hashish is a felony of the third	5138
degree, and division (C) of section 2929.13 of the Revised Code	5139
applies in determining whether to impose a prison term on the	5140
offender. If the amount of the drug involved is within that range	5141
and if the offense was committed in the vicinity of a school or in	5142
the vicinity of a juvenile, trafficking in hashish is a felony of	5143
the second degree, and there is a presumption that a prison term	5144
shall be imposed for the offense.	5145

(e) Except as otherwise provided in this division, if the	5146
amount of the drug involved equals or exceeds two hundred fifty	5147
grams but is less than one thousand grams of hashish in a solid	5148
form or equals or exceeds fifty grams but is less than two hundred	5149
grams of hashish in a liquid concentrate, liquid extract, or	5150
liquid distillate form, trafficking in hashish is a felony of the	5151
third degree, and there is a presumption that a prison term shall	5152
be imposed for the offense. If the amount of the drug involved is	5153
within that range and if the offense was committed in the vicinity	5154
of a school or in the vicinity of a juvenile, trafficking in	5155
hashish is a felony of the second degree, and there is a	5156
presumption that a prison term shall be imposed for the offense.	5157

(f) Except as otherwise provided in this division, if the	5158
amount of the drug involved equals or exceeds one thousand grams	5159
but is less than two thousand grams of hashish in a solid form or	5160
equals or exceeds two hundred grams but is less than four hundred	5161
grams of hashish in a liquid concentrate, liquid extract, or	5162
liquid distillate form trafficking in hashish is a felony of the	5163
second degree, and the court shall impose a mandatory prison term	5164
of five, six, seven, or eight years. If the amount of the drug	5165
involved is within that range and if the offense was committed in	5166
the vicinity of a school or in the vicinity of a juvenile,	5167
trafficking in hashish is a felony of the first degree, and the	5168
court shall impose as a mandatory prison term the maximum prison	5169
term prescribed for a felony of the first degree.	5170

(g) Except as otherwise provided in this division, if the	5171
amount of the drug involved equals or exceeds two thousand grams	5172
of hashish in a solid form or equals or exceeds four hundred grams	5173
of hashish in a liquid concentrate, liquid extract, or liquid	5174
distillate form, trafficking in hashish is a felony of the second	5175
degree, and the court shall impose as a mandatory prison term the	5176
maximum prison term prescribed for a felony of the second degree.	5177
If the amount of the drug involved ~~is within that range~~equals or	5178
exceeds two thousand grams of hashish in a solid form or equals or	5179
exceeds four hundred grams of hashish in a liquid concentrate,	5180
liquid extract, or liquid distillate form and if the offense was	5181
committed in the vicinity of a school or in the vicinity of a	5182
juvenile, trafficking in hashish is a felony of the first degree,	5183
and the court shall impose as a mandatory prison term the maximum	5184
prison term prescribed for a felony of the first degree.	5185

(D) In addition to any prison term authorized or required by	5186
division (C) of this section and sections 2929.13 and 2929.14 of	5187
the Revised Code, and in addition to any other sanction imposed	5188
for the offense under this section or sections 2929.11 to 2929.18	5189
of the Revised Code, the court that sentences an offender who is	5190
convicted of or pleads guilty to a violation of division (A) of	5191
this section shall do all of the following that are applicable	5192
regarding the offender:	5193

(1) If the violation of division (A) of this section is a	5194
felony of the first, second, or third degree, the court shall	5195
impose upon the offender the mandatory fine specified for the	5196
offense under division (B)(1) of section 2929.18 of the Revised	5197
Code unless, as specified in that division, the court determines	5198
that the offender is indigent. Except as otherwise provided in	5199
division (H)(1) of this section, a mandatory fine or any other	5200
fine imposed for a violation of this section is subject to	5201
division (F) of this section. If a person is charged with a	5202
violation of this section that is a felony of the first, second,	5203
or third degree, posts bail, and forfeits the bail, the clerk of	5204
the court shall pay the forfeited bail pursuant to divisions	5205
(D)(1) and (F) of this section, as if the forfeited bail was a	5206
fine imposed for a violation of this section. If any amount of the	5207
forfeited bail remains after that payment and if a fine is imposed	5208
under division (H)(1) of this section, the clerk of the court	5209
shall pay the remaining amount of the forfeited bail pursuant to	5210
divisions (H)(2) and (3) of this section, as if that remaining	5211
amount was a fine imposed under division (H)(1) of this section.	5212

(2) The court shall suspend the driver's or commercial	5213
driver's license or permit of the offender in accordance with	5214
division (G) of this section.	5215

(3) If the offender is a professionally licensed person, the	5216
court immediately shall comply with section 2925.38 of the Revised	5217
Code.	5218

(E) When a person is charged with the sale of or offer to	5219
sell a bulk amount or a multiple of a bulk amount of a controlled	5220
substance, the jury, or the court trying the accused, shall	5221
determine the amount of the controlled substance involved at the	5222
time of the offense and, if a guilty verdict is returned, shall	5223
return the findings as part of the verdict. In any such case, it	5224
is unnecessary to find and return the exact amount of the	5225
controlled substance involved, and it is sufficient if the finding	5226
and return is to the effect that the amount of the controlled	5227
substance involved is the requisite amount, or that the amount of	5228
the controlled substance involved is less than the requisite	5229
amount.	5230

(F)(1) Notwithstanding any contrary provision of section	5231
3719.21 of the Revised Code and except as provided in division (H)	5232
of this section, the clerk of the court shall pay any mandatory	5233
fine imposed pursuant to division (D)(1) of this section and any	5234
fine other than a mandatory fine that is imposed for a violation	5235
of this section pursuant to division (A) or (B)(5) of section	5236
2929.18 of the Revised Code to the county, township, municipal	5237
corporation, park district, as created pursuant to section 511.18	5238
or 1545.04 of the Revised Code, or state law enforcement agencies	5239
in this state that primarily were responsible for or involved in	5240
making the arrest of, and in prosecuting, the offender. However,	5241
the clerk shall not pay a mandatory fine so imposed to a law	5242
enforcement agency unless the agency has adopted a written	5243
internal control policy under division (F)(2) of this section that	5244
addresses the use of the fine moneys that it receives. Each agency	5245
shall use the mandatory fines so paid to subsidize the agency's	5246
law enforcement efforts that pertain to drug offenses, in	5247
accordance with the written internal control policy adopted by the	5248
recipient agency under division (F)(2) of this section.	5249

(2)(a) Prior to receiving any fine moneys under division	5250
(F)(1) of this section or division (B) of section 2925.42 of the	5251
Revised Code, a law enforcement agency shall adopt a written	5252
internal control policy that addresses the agency's use and	5253
disposition of all fine moneys so received and that provides for	5254
the keeping of detailed financial records of the receipts of those	5255
fine moneys, the general types of expenditures made out of those	5256
fine moneys, and the specific amount of each general type of	5257
expenditure. The policy shall not provide for or permit the	5258
identification of any specific expenditure that is made in an	5259
ongoing investigation. All financial records of the receipts of	5260
those fine moneys, the general types of expenditures made out of	5261
those fine moneys, and the specific amount of each general type of	5262
expenditure by an agency are public records open for inspection	5263
under section 149.43 of the Revised Code. Additionally, a written	5264
internal control policy adopted under this division is such a	5265
public record, and the agency that adopted it shall comply with	5266
it.	5267

(b) Each law enforcement agency that receives in any calendar	5268
year any fine moneys under division (F)(1) of this section or	5269
division (B) of section 2925.42 of the Revised Code shall prepare	5270
a report covering the calendar year that cumulates all of the	5271
information contained in all of the public financial records kept	5272
by the agency pursuant to division (F)(2)(a) of this section for	5273
that calendar year, and shall send a copy of the cumulative	5274
report, no later than the first day of March in the calendar year	5275
following the calendar year covered by the report, to the attorney	5276
general. Each report received by the attorney general is a public	5277
record open for inspection under section 149.43 of the Revised	5278
Code. Not later than the fifteenth day of April in the calendar	5279
year in which the reports are received, the attorney general shall	5280
send to the president of the senate and the speaker of the house	5281
of representatives a written notification that does all of the	5282
following:	5283

(i) Indicates that the attorney general has received from law	5284
enforcement agencies reports of the type described in this	5285
division that cover the previous calendar year and indicates that	5286
the reports were received under this division;	5287

(ii) Indicates that the reports are open for inspection under	5288
section 149.43 of the Revised Code;	5289

(iii) Indicates that the attorney general will provide a copy	5290
of any or all of the reports to the president of the senate or the	5291
speaker of the house of representatives upon request.	5292

(3) As used in division (F) of this section:

5293

(a) "Law enforcement agencies" includes, but is not limited	5294
to, the state board of pharmacy and the office of a prosecutor.	5295

(b) "Prosecutor" has the same meaning as in section 2935.01	5296
of the Revised Code.	5297

(G) When required under division (D)(2) of this section or	5298
any other provision of this chapter, the court shall suspend for	5299
not less than six months or more than five years the driver's or	5300
commercial driver's license or permit of any person who is	5301
convicted of or pleads guilty to any violation of this section or	5302
any other specified provision of this chapter. If an offender's	5303
driver's or commercial driver's license or permit is suspended	5304
pursuant to this division, the offender, at any time after the	5305
expiration of two years from the day on which the offender's	5306
sentence was imposed or from the day on which the offender finally	5307
was released from a prison term under the sentence, whichever is	5308
later, may file a motion with the sentencing court requesting	5309
termination of the suspension; upon the filing of such a motion	5310
and the court's finding of good cause for the termination, the	5311
court may terminate the suspension.	5312

(H)(1) In addition to any prison term authorized or required	5313
by division (C) of this section and sections 2929.13 and 2929.14	5314
of the Revised Code, in addition to any other penalty or sanction	5315
imposed for the offense under this section or sections 2929.11 to	5316
2929.18 of the Revised Code, and in addition to the forfeiture of	5317
property in connection with the offense as prescribed in Chapter	5318
2981. of the Revised Code, the court that sentences an offender	5319
who is convicted of or pleads guilty to a violation of division	5320
(A) of this section may impose upon the offender an additional	5321
fine specified for the offense in division (B)(4) of section	5322
2929.18 of the Revised Code. A fine imposed under division (H)(1)	5323
of this section is not subject to division (F) of this section and	5324
shall be used solely for the support of one or more eligible	5325
alcohol and drug addiction programs in accordance with divisions	5326
(H)(2) and (3) of this section.	5327

(2) The court that imposes a fine under division (H)(1) of	5328
this section shall specify in the judgment that imposes the fine	5329
one or more eligible alcohol and drug addiction programs for the	5330
support of which the fine money is to be used. No alcohol and drug	5331
addiction program shall receive or use money paid or collected in	5332
satisfaction of a fine imposed under division (H)(1) of this	5333
section unless the program is specified in the judgment that	5334
imposes the fine. No alcohol and drug addiction program shall be	5335
specified in the judgment unless the program is an eligible	5336
alcohol and drug addiction program and, except as otherwise	5337
provided in division (H)(2) of this section, unless the program is	5338
located in the county in which the court that imposes the fine is	5339
located or in a county that is immediately contiguous to the	5340
county in which that court is located. If no eligible alcohol and	5341
drug addiction program is located in any of those counties, the	5342
judgment may specify an eligible alcohol and drug addiction	5343
program that is located anywhere within this state.	5344

(3) Notwithstanding any contrary provision of section 3719.21	5345
of the Revised Code, the clerk of the court shall pay any fine	5346
imposed under division (H)(1) of this section to the eligible	5347
alcohol and drug addiction program specified pursuant to division	5348
(H)(2) of this section in the judgment. The eligible alcohol and	5349
drug addiction program that receives the fine moneys shall use the	5350
moneys only for the alcohol and drug addiction services identified	5351
in the application for certification under section 3793.06 of the	5352
Revised Code or in the application for a license under section	5353
3793.11 of the Revised Code filed with the department of alcohol	5354
and drug addiction services by the alcohol and drug addiction	5355
program specified in the judgment.	5356

(4) Each alcohol and drug addiction program that receives in	5357
a calendar year any fine moneys under division (H)(3) of this	5358
section shall file an annual report covering that calendar year	5359
with the court of common pleas and the board of county	5360
commissioners of the county in which the program is located, with	5361
the court of common pleas and the board of county commissioners of	5362
each county from which the program received the moneys if that	5363
county is different from the county in which the program is	5364
located, and with the attorney general. The alcohol and drug	5365
addiction program shall file the report no later than the first	5366
day of March in the calendar year following the calendar year in	5367
which the program received the fine moneys. The report shall	5368
include statistics on the number of persons served by the alcohol	5369
and drug addiction program, identify the types of alcohol and drug	5370
addiction services provided to those persons, and include a	5371
specific accounting of the purposes for which the fine moneys	5372
received were used. No information contained in the report shall	5373
identify, or enable a person to determine the identity of, any	5374
person served by the alcohol and drug addiction program. Each	5375
report received by a court of common pleas, a board of county	5376
commissioners, or the attorney general is a public record open for	5377
inspection under section 149.43 of the Revised Code.	5378

(5) As used in divisions (H)(1) to (5) of this section:

5379

(a) "Alcohol and drug addiction program" and "alcohol and	5380
drug addiction services" have the same meanings as in section	5381
3793.01 of the Revised Code.	5382

(b) "Eligible alcohol and drug addiction program" means an	5383
alcohol and drug addiction program that is certified under section	5384
3793.06 of the Revised Code or licensed under section 3793.11 of	5385
the Revised Code by the department of alcohol and drug addiction	5386
services.	5387

(I) As used in this section, "drug" includes any substance	5388
that is represented to be a drug.	5389

Sec. 2925.05. (A) No person shall knowingly provide money or	5390
other items of value to another person with the purpose that the	5391
recipient of the money or items of value use them to obtain any	5392
controlled substance for the purpose of violating section 2925.04	5393
of the Revised Code or for the purpose of selling or offering to	5394
sell the controlled substance in the following amount:	5395

(1) If the drug to be sold or offered for sale is any	5396
compound, mixture, preparation, or substance included in schedule	5397
I or II, with the exception of marihuana, cocaine, L.S.D., heroin,	5398
and hashish, or schedule III, IV, or V, an amount of the drug that	5399
equals or exceeds the bulk amount of the drug;	5400

(2) If the drug to be sold or offered for sale is marihuana	5401
or a compound, mixture, preparation, or substance other than	5402
hashish containing marihuana, an amount of the marihuana that	5403
equals or exceeds two hundred grams;	5404

(3) If the drug to be sold or offered for sale is cocaine or	5405
a compound, mixture, preparation, or substance containing cocaine,	5406
an amount of the cocaine that equals or exceeds five grams ~~if the~~	5407
~~cocaine is not crack cocaine or equals or exceeds one gram if the~~	5408
~~cocaine is crack cocaine~~;	5409

(4) If the drug to be sold or offered for sale is L.S.D. or a	5410
compound, mixture, preparation, or substance containing L.S.D., an	5411
amount of the L.S.D. that equals or exceeds ten unit doses if the	5412
L.S.D. is in a solid form or equals or exceeds one gram if the	5413
L.S.D. is in a liquid concentrate, liquid extract, or liquid	5414
distillate form;	5415

(5) If the drug to be sold or offered for sale is heroin or a	5416
compound, mixture, preparation, or substance containing heroin, an	5417
amount of the heroin that equals or exceeds ten unit doses or	5418
equals or exceeds one gram;	5419

(6) If the drug to be sold or offered for sale is hashish or	5420
a compound, mixture, preparation, or substance containing hashish,	5421
an amount of the hashish that equals or exceeds ten grams if the	5422
hashish is in a solid form or equals or exceeds two grams if the	5423
hashish is in a liquid concentrate, liquid extract, or liquid	5424
distillate form.	5425

(B) This section does not apply to any person listed in	5426
division (B)(1), (2), or (3) of section 2925.03 of the Revised	5427
Code to the extent and under the circumstances described in those	5428
divisions.	5429

(C)(1) If the drug involved in the violation is any compound,	5430
mixture, preparation, or substance included in schedule I or II,	5431
with the exception of marihuana, whoever violates division (A) of	5432
this section is guilty of aggravated funding of drug trafficking,	5433
a felony of the first degree, and, subject to division (E) of this	5434
section, the court shall impose as a mandatory prison term one of	5435
the prison terms prescribed for a felony of the first degree.	5436

(2) If the drug involved in the violation is any compound,	5437
mixture, preparation, or substance included in schedule III, IV,	5438
or V, whoever violates division (A) of this section is guilty of	5439
funding of drug trafficking, a felony of the second degree, and	5440
the court shall impose as a mandatory prison term one of the	5441
prison terms prescribed for a felony of the second degree.	5442

(3) If the drug involved in the violation is marihuana,	5443
whoever violates division (A) of this section is guilty of funding	5444
of marihuana trafficking, a felony of the third degree, and the	5445
court shall impose as a mandatory prison term one of the prison	5446
terms prescribed for a felony of the third degree.	5447

(D) In addition to any prison term authorized or required by	5448
division (C) or (E) of this section and sections 2929.13 and	5449
2929.14 of the Revised Code and in addition to any other sanction	5450
imposed for the offense under this section or sections 2929.11 to	5451
2929.18 of the Revised Code, the court that sentences an offender	5452
who is convicted of or pleads guilty to a violation of division	5453
(A) of this section shall do all of the following that are	5454
applicable regarding the offender:	5455

(1) The court shall impose the mandatory fine specified for	5456
the offense under division (B)(1) of section 2929.18 of the	5457
Revised Code unless, as specified in that division, the court	5458
determines that the offender is indigent. The clerk of the court	5459
shall pay a mandatory fine or other fine imposed for a violation	5460
of this section pursuant to division (A) of section 2929.18 of the	5461
Revised Code in accordance with and subject to the requirements of	5462
division (F) of section 2925.03 of the Revised Code. The agency	5463
that receives the fine shall use the fine in accordance with	5464
division (F) of section 2925.03 of the Revised Code. If a person	5465
is charged with a violation of this section, posts bail, and	5466
forfeits the bail, the forfeited bail shall be paid as if the	5467
forfeited bail were a fine imposed for a violation of this	5468
section.	5469

(2) The court shall suspend the offender's driver's or	5470
commercial driver's license or permit in accordance with division	5471
(G) of section 2925.03 of the Revised Code. If an offender's	5472
driver's or commercial driver's license or permit is suspended in	5473
accordance with that division, the offender may request	5474
termination of, and the court may terminate, the suspension in	5475
accordance with that division.	5476

(3) If the offender is a professionally licensed person, the	5477
court immediately shall comply with section 2925.38 of the Revised	5478
Code.	5479

(E) Notwithstanding the prison term otherwise authorized or	5480
required for the offense under division (C) of this section and	5481
sections 2929.13 and 2929.14 of the Revised Code, if the violation	5482
of division (A) of this section involves the sale, offer to sell,	5483
or possession of a schedule I or II controlled substance, with the	5484
exception of marihuana, and if the court imposing sentence upon	5485
the offender finds that the offender as a result of the violation	5486
is a major drug offender and is guilty of a specification of the	5487
type described in section 2941.1410 of the Revised Code, the	5488
court, in lieu of the prison term otherwise authorized or	5489
required, shall impose upon the offender the mandatory prison term	5490
specified in division (D)(3)(a) of section 2929.14 of the Revised	5491
Code and may impose an additional prison term under division	5492
(D)(3)(b) of that section.	5493

Sec. 2925.11. (A) No person shall knowingly obtain, possess,	5494
or use a controlled substance.	5495

(B) This section does not apply to any of the following:

5496

(1) Manufacturers, licensed health professionals authorized	5497
to prescribe drugs, pharmacists, owners of pharmacies, and other	5498
persons whose conduct was in accordance with Chapters 3719.,	5499
4715., 4723., 4729., 4730., 4731., and 4741. of the Revised Code;	5500

(2) If the offense involves an anabolic steroid, any person	5501
who is conducting or participating in a research project involving	5502
the use of an anabolic steroid if the project has been approved by	5503
the United States food and drug administration;	5504

(3) Any person who sells, offers for sale, prescribes,	5505
dispenses, or administers for livestock or other nonhuman species	5506
an anabolic steroid that is expressly intended for administration	5507
through implants to livestock or other nonhuman species and	5508
approved for that purpose under the "Federal Food, Drug, and	5509
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	5510
and is sold, offered for sale, prescribed, dispensed, or	5511
administered for that purpose in accordance with that act;	5512

(4) Any person who obtained the controlled substance pursuant	5513
to a lawful prescription issued by a licensed health professional	5514
authorized to prescribe drugs.	5515

(C) Whoever violates division (A) of this section is guilty	5516
of one of the following:	5517

(1) If the drug involved in the violation is a compound,	5518
mixture, preparation, or substance included in schedule I or II,	5519
with the exception of marihuana, cocaine, L.S.D., heroin, and	5520
hashish, whoever violates division (A) of this section is guilty	5521
of aggravated possession of drugs. The penalty for the offense	5522
shall be determined as follows:	5523

(a) Except as otherwise provided in division (C)(1)(b), (c),	5524
(d), or (e) of this section, aggravated possession of drugs is a	5525
felony of the fifth degree, and division (B) of section 2929.13 of	5526
the Revised Code applies in determining whether to impose a prison	5527
term on the offender.	5528

(b) If the amount of the drug involved equals or exceeds the	5529
bulk amount but is less than five times the bulk amount,	5530
aggravated possession of drugs is a felony of the third degree,	5531
and there is a presumption for a prison term for the offense.	5532

(c) If the amount of the drug involved equals or exceeds five	5533
times the bulk amount but is less than fifty times the bulk	5534
amount, aggravated possession of drugs is a felony of the second	5535
degree, and the court shall impose as a mandatory prison term one	5536
of the prison terms prescribed for a felony of the second degree.	5537

(d) If the amount of the drug involved equals or exceeds	5538
fifty times the bulk amount but is less than one hundred times the	5539
bulk amount, aggravated possession of drugs is a felony of the	5540
first degree, and the court shall impose as a mandatory prison	5541
term one of the prison terms prescribed for a felony of the first	5542
degree.	5543

(e) If the amount of the drug involved equals or exceeds one	5544
hundred times the bulk amount, aggravated possession of drugs is a	5545
felony of the first degree, the offender is a major drug offender,	5546
and the court shall impose as a mandatory prison term the maximum	5547
prison term prescribed for a felony of the first degree and may	5548
impose an additional mandatory prison term prescribed for a major	5549
drug offender under division (D)(3)(b) of section 2929.14 of the	5550
Revised Code.	5551

(2) If the drug involved in the violation is a compound,	5552
mixture, preparation, or substance included in schedule III, IV,	5553
or V, whoever violates division (A) of this section is guilty of	5554
possession of drugs. The penalty for the offense shall be	5555
determined as follows:	5556

(a) Except as otherwise provided in division (C)(2)(b), (c),	5557
or (d) of this section, possession of drugs is a misdemeanor of	5558
the first degree or, if the offender previously has been	5559
convicted of a drug abuse offense, a felony of the fifth degree.	5560

(b) If the amount of the drug involved equals or exceeds the	5561
bulk amount but is less than five times the bulk amount,	5562
possession of drugs is a felony of the fourth degree, and division	5563
(C) of section 2929.13 of the Revised Code applies in determining	5564
whether to impose a prison term on the offender.	5565

(c) If the amount of the drug involved equals or exceeds five	5566
times the bulk amount but is less than fifty times the bulk	5567
amount, possession of drugs is a felony of the third degree, and	5568
there is a presumption for a prison term for the offense.	5569

(d) If the amount of the drug involved equals or exceeds	5570
fifty times the bulk amount, possession of drugs is a felony of	5571
the second degree, and the court shall impose upon the offender as	5572
a mandatory prison term one of the prison terms prescribed for a	5573
felony of the second degree.	5574

(3) If the drug involved in the violation is marihuana or a	5575
compound, mixture, preparation, or substance containing marihuana	5576
other than hashish, whoever violates division (A) of this section	5577
is guilty of possession of marihuana. The penalty for the offense	5578
shall be determined as follows:	5579

(a) Except as otherwise provided in division (C)(3)(b), (c),	5580
(d), (e), or (f), or (g) of this section, possession of marihuana	5581
is a minor misdemeanor.	5582

(b) If the amount of the drug involved equals or exceeds one	5583
hundred grams but is less than two hundred grams, possession of	5584
marihuana is a misdemeanor of the fourth degree.	5585

(c) If the amount of the drug involved equals or exceeds two	5586
hundred grams but is less than one thousand grams, possession of	5587
marihuana is a felony of the fifth degree, and division (B) of	5588
section 2929.13 of the Revised Code applies in determining whether	5589
to impose a prison term on the offender.	5590

(d) If the amount of the drug involved equals or exceeds one	5591
thousand grams but is less than five thousand grams, possession of	5592
marihuana is a felony of the third degree, and division (C) of	5593
section 2929.13 of the Revised Code applies in determining whether	5594
to impose a prison term on the offender.	5595

(e) If the amount of the drug involved equals or exceeds five	5596
thousand grams but is less than twenty thousand grams, possession	5597
of marihuana is a felony of the third degree, and there is a	5598
presumption that a prison term shall be imposed for the offense.	5599

(f) If the amount of the drug involved equals or exceeds	5600
twenty thousand grams but is less than forty thousand grams,	5601
possession of marihuana is a felony of the second degree, and the	5602
court shall impose a mandatory prison term of five, six, seven, or	5603
eight years.	5604

(g) If the amount of the drug involved equals or exceeds	5605
forty thousand grams, possession of marihuana is a felony of the	5606
second degree, and the court shall impose as a mandatory prison	5607
term the maximum prison term prescribed for a felony of the second	5608
degree.	5609

(4) If the drug involved in the violation is cocaine or a	5610
compound, mixture, preparation, or substance containing cocaine,	5611
whoever violates division (A) of this section is guilty of	5612
possession of cocaine. The penalty for the offense shall be	5613
determined as follows:	5614

(a) Except as otherwise provided in division (C)(4)(b), (c),	5615
(d), (e), or (f) of this section, possession of cocaine is a	5616
felony of the fifth degree, and division (B) of section 2929.13 of	5617
the Revised Code applies in determining whether to impose a prison	5618
term on the offender.	5619

(b) If the amount of the drug involved equals or exceeds five	5620
grams but is less than ~~twenty-five~~ten grams of cocaine ~~that is~~	5621
~~not crack cocaine or equals or exceeds one gram but is less than~~	5622
~~five grams of crack cocaine~~, possession of cocaine is a felony of	5623
the fourth degree, and ~~there is a presumption for a prison term~~	5624
~~for the offense~~division (B) of section 2929.13 of the Revised	5625
Code applies in determining whether to impose a prison term on	5626
the offender.	5627

(c) If the amount of the drug involved equals or exceeds	5628
~~twenty-five~~ten grams but is less than ~~one hundred~~twenty grams of	5629
cocaine ~~that is not crack cocaine or equals or exceeds five grams~~	5630
~~but is less than ten grams of crack cocaine~~, possession of cocaine	5631
is a felony of the third degree, and the court shall impose as a	5632
mandatory prison term one of the prison terms prescribed for a	5633
felony of the third degree.	5634

(d) If the amount of the drug involved equals or exceeds ~~one~~	5635
~~hundred~~twenty grams but is less than ~~five hundred~~twenty-seven	5636
grams of cocaine ~~that is not crack cocaine or equals or exceeds~~	5637
~~ten grams but is less than twenty-five grams of crack cocaine~~,	5638
possession of cocaine is a felony of the second degree, and the	5639
court shall impose as a mandatory prison term one of the prison	5640
terms prescribed for a felony of the second degree.	5641

(e) If the amount of the drug involved equals or exceeds ~~five~~	5642
~~hundred~~twenty-seven grams but is less than one ~~thousand~~hundred	5643
grams of cocaine ~~that is not crack cocaine or equals or exceeds~~	5644
~~twenty-five grams but is less than one hundred grams of crack~~	5645
~~cocaine~~, possession of cocaine is a felony of the first degree,	5646
and the court shall impose as a mandatory prison term one of the	5647
prison terms prescribed for a felony of the first degree.	5648

(f) If the amount of the drug involved equals or exceeds one	5649
~~thousand~~hundred grams of cocaine ~~that is not crack cocaine or~~	5650
~~equals or exceeds one hundred grams of crack cocaine~~, possession	5651
of cocaine is a felony of the first degree, the offender is a	5652
major drug offender, and the court shall impose as a mandatory	5653
prison term the maximum prison term prescribed for a felony of the	5654
first degree and may impose an additional mandatory prison term	5655
prescribed for a major drug offender under division (D)(3)(b) of	5656
section 2929.14 of the Revised Code.	5657

(5) If the drug involved in the violation is L.S.D., whoever	5658
violates division (A) of this section is guilty of possession of	5659
L.S.D. The penalty for the offense shall be determined as follows:	5660

(a) Except as otherwise provided in division (C)(5)(b), (c),	5661
(d), (e), or (f) of this section, possession of L.S.D. is a felony	5662
of the fifth degree, and division (B) of section 2929.13 of the	5663
Revised Code applies in determining whether to impose a prison	5664
term on the offender.	5665

(b) If the amount of L.S.D. involved equals or exceeds ten	5666
unit doses but is less than fifty unit doses of L.S.D. in a solid	5667
form or equals or exceeds one gram but is less than five grams of	5668
L.S.D. in a liquid concentrate, liquid extract, or liquid	5669
distillate form, possession of L.S.D. is a felony of the fourth	5670
degree, and division (C) of section 2929.13 of the Revised Code	5671
applies in determining whether to impose a prison term on the	5672
offender.	5673

(c) If the amount of L.S.D. involved equals or exceeds fifty	5674
unit doses, but is less than two hundred fifty unit doses of	5675
L.S.D. in a solid form or equals or exceeds five grams but is less	5676
than twenty-five grams of L.S.D. in a liquid concentrate, liquid	5677
extract, or liquid distillate form, possession of L.S.D. is a	5678
felony of the third degree, and there is a presumption for a	5679
prison term for the offense.	5680

(d) If the amount of L.S.D. involved equals or exceeds two	5681
hundred fifty unit doses but is less than one thousand unit doses	5682
of L.S.D. in a solid form or equals or exceeds twenty-five grams	5683
but is less than one hundred grams of L.S.D. in a liquid	5684
concentrate, liquid extract, or liquid distillate form, possession	5685
of L.S.D. is a felony of the second degree, and the court shall	5686
impose as a mandatory prison term one of the prison terms	5687
prescribed for a felony of the second degree.	5688

(e) If the amount of L.S.D. involved equals or exceeds one	5689
thousand unit doses but is less than five thousand unit doses of	5690
L.S.D. in a solid form or equals or exceeds one hundred grams but	5691
is less than five hundred grams of L.S.D. in a liquid concentrate,	5692
liquid extract, or liquid distillate form, possession of L.S.D. is	5693
a felony of the first degree, and the court shall impose as a	5694
mandatory prison term one of the prison terms prescribed for a	5695
felony of the first degree.	5696

(f) If the amount of L.S.D. involved equals or exceeds five	5697
thousand unit doses of L.S.D. in a solid form or equals or exceeds	5698
five hundred grams of L.S.D. in a liquid concentrate, liquid	5699
extract, or liquid distillate form, possession of L.S.D. is a	5700
felony of the first degree, the offender is a major drug offender,	5701
and the court shall impose as a mandatory prison term the maximum	5702
prison term prescribed for a felony of the first degree and may	5703
impose an additional mandatory prison term prescribed for a major	5704
drug offender under division (D)(3)(b) of section 2929.14 of the	5705
Revised Code.	5706

(6) If the drug involved in the violation is heroin or a	5707
compound, mixture, preparation, or substance containing heroin,	5708
whoever violates division (A) of this section is guilty of	5709
possession of heroin. The penalty for the offense shall be	5710
determined as follows:	5711

(a) Except as otherwise provided in division (C)(6)(b), (c),	5712
(d), (e), or (f) of this section, possession of heroin is a felony	5713
of the fifth degree, and division (B) of section 2929.13 of the	5714
Revised Code applies in determining whether to impose a prison	5715
term on the offender.	5716

(b) If the amount of the drug involved equals or exceeds ten	5717
unit doses but is less than fifty unit doses or equals or exceeds	5718
one gram but is less than five grams, possession of heroin is a	5719
felony of the fourth degree, and division (C) of section 2929.13	5720
of the Revised Code applies in determining whether to impose a	5721
prison term on the offender.	5722

(c) If the amount of the drug involved equals or exceeds	5723
fifty unit doses but is less than one hundred unit doses or equals	5724
or exceeds five grams but is less than ten grams, possession of	5725
heroin is a felony of the third degree, and there is a presumption	5726
for a prison term for the offense.	5727

(d) If the amount of the drug involved equals or exceeds one	5728
hundred unit doses but is less than five hundred unit doses or	5729
equals or exceeds ten grams but is less than fifty grams,	5730
possession of heroin is a felony of the second degree, and the	5731
court shall impose as a mandatory prison term one of the prison	5732
terms prescribed for a felony of the second degree.	5733

(e) If the amount of the drug involved equals or exceeds five	5734
hundred unit doses but is less than two thousand five hundred unit	5735
doses or equals or exceeds fifty grams but is less than two	5736
hundred fifty grams, possession of heroin is a felony of the first	5737
degree, and the court shall impose as a mandatory prison term one	5738
of the prison terms prescribed for a felony of the first degree.	5739

(f) If the amount of the drug involved equals or exceeds two	5740
thousand five hundred unit doses or equals or exceeds two hundred	5741
fifty grams, possession of heroin is a felony of the first degree,	5742
the offender is a major drug offender, and the court shall impose	5743
as a mandatory prison term the maximum prison term prescribed for	5744
a felony of the first degree and may impose an additional	5745
mandatory prison term prescribed for a major drug offender under	5746
division (D)(3)(b) of section 2929.14 of the Revised Code.	5747

(7) If the drug involved in the violation is hashish or a	5748
compound, mixture, preparation, or substance containing hashish,	5749
whoever violates division (A) of this section is guilty of	5750
possession of hashish. The penalty for the offense shall be	5751
determined as follows:	5752

(a) Except as otherwise provided in division (C)(7)(b), (c),	5753
(d), (e), or (f), or (g) of this section, possession of hashish is	5754
a minor misdemeanor.	5755

(b) If the amount of the drug involved equals or exceeds five	5756
grams but is less than ten grams of hashish in a solid form or	5757
equals or exceeds one gram but is less than two grams of hashish	5758
in a liquid concentrate, liquid extract, or liquid distillate	5759
form, possession of hashish is a misdemeanor of the fourth degree.	5760

(c) If the amount of the drug involved equals or exceeds ten	5761
grams but is less than fifty grams of hashish in a solid form or	5762
equals or exceeds two grams but is less than ten grams of hashish	5763
in a liquid concentrate, liquid extract, or liquid distillate	5764
form, possession of hashish is a felony of the fifth degree, and	5765
division (B) of section 2929.13 of the Revised Code applies in	5766
determining whether to impose a prison term on the offender.	5767

(d) If the amount of the drug involved equals or exceeds	5768
fifty grams but is less than two hundred fifty grams of hashish in	5769
a solid form or equals or exceeds ten grams but is less than fifty	5770
grams of hashish in a liquid concentrate, liquid extract, or	5771
liquid distillate form, possession of hashish is a felony of the	5772
third degree, and division (C) of section 2929.13 of the Revised	5773
Code applies in determining whether to impose a prison term on the	5774
offender.	5775

(e) If the amount of the drug involved equals or exceeds two	5776
hundred fifty grams but is less than one thousand grams of hashish	5777
in a solid form or equals or exceeds fifty grams but is less than	5778
two hundred grams of hashish in a liquid concentrate, liquid	5779
extract, or liquid distillate form, possession of hashish is a	5780
felony of the third degree, and there is a presumption that a	5781
prison term shall be imposed for the offense.	5782

(f) If the amount of the drug involved equals or exceeds one	5783
thousand grams but is less than two thousand grams of hashish in a	5784
solid form or equals or exceeds two hundred grams but is less than	5785
four hundred grams of hashish in a liquid concentrate, liquid	5786
extract, or liquid distillate form possession of hashish is a	5787
felony of the second degree, and the court shall impose a	5788
mandatory prison term of five, six, seven, or eight years.	5789

(g) If the amount of the drug involved equals or exceeds two	5790
thousand grams of hashish in a solid form or equals or exceeds	5791
four hundred grams of hashish in a liquid concentrate, liquid	5792
extract, or liquid distillate form, possession of hashish is a	5793
felony of the second degree, and the court shall impose as a	5794
mandatory prison term the maximum prison term prescribed for a	5795
felony of the second degree.	5796

(D) Arrest or conviction for a minor misdemeanor violation of	5797
this section does not constitute a criminal record and need not be	5798
reported by the person so arrested or convicted in response to any	5799
inquiries about the person's criminal record, including any	5800
inquiries contained in any application for employment, license, or	5801
other right or privilege, or made in connection with the person's	5802
appearance as a witness.	5803

(E) In addition to any prison term or jail term authorized or	5804
required by division (C) of this section and sections 2929.13,	5805
2929.14, 2929.22, 2929.24, and 2929.25 of the Revised Code and in	5806
addition to any other sanction that is imposed for the offense	5807
under this section, sections 2929.11 to 2929.18, or sections	5808
2929.21 to 2929.28 of the Revised Code, the court that sentences	5809
an offender who is convicted of or pleads guilty to a violation of	5810
division (A) of this section shall do all of the following that	5811
are applicable regarding the offender:	5812

(1)(a) If the violation is a felony of the first, second, or	5813
third degree, the court shall impose upon the offender the	5814
mandatory fine specified for the offense under division (B)(1) of	5815
section 2929.18 of the Revised Code unless, as specified in that	5816
division, the court determines that the offender is indigent.	5817

(b) Notwithstanding any contrary provision of section 3719.21	5818
of the Revised Code, the clerk of the court shall pay a mandatory	5819
fine or other fine imposed for a violation of this section	5820
pursuant to division (A) of section 2929.18 of the Revised Code in	5821
accordance with and subject to the requirements of division (F) of	5822
section 2925.03 of the Revised Code. The agency that receives the	5823
fine shall use the fine as specified in division (F) of section	5824
2925.03 of the Revised Code.	5825

(c) If a person is charged with a violation of this section	5826
that is a felony of the first, second, or third degree, posts	5827
bail, and forfeits the bail, the clerk shall pay the forfeited	5828
bail pursuant to division (E)(1)(b) of this section as if it were	5829
a mandatory fine imposed under division (E)(1)(a) of this section.	5830

(2) The court shall suspend for not less than six months or	5831
more than five years the offender's driver's or commercial	5832
driver's license or permit.	5833

(3) If the offender is a professionally licensed person, in	5834
addition to any other sanction imposed for a violation of this	5835
section, the court immediately shall comply with section 2925.38	5836
of the Revised Code.	5837

(F) It is an affirmative defense, as provided in section	5838
2901.05 of the Revised Code, to a charge of a fourth degree felony	5839
violation under this section that the controlled substance that	5840
gave rise to the charge is in an amount, is in a form, is	5841
prepared, compounded, or mixed with substances that are not	5842
controlled substances in a manner, or is possessed under any other	5843
circumstances, that indicate that the substance was possessed	5844
solely for personal use. Notwithstanding any contrary provision	5845
of this section, if, in accordance with section 2901.05 of the	5846
Revised Code, an accused who is charged with a fourth degree	5847
felony violation of division (C)(2), (4), (5), or (6) of this	5848
section sustains the burden of going forward with evidence of and	5849
establishes by a preponderance of the evidence the affirmative	5850
defense described in this division, the accused may be prosecuted	5851
for and may plead guilty to or be convicted of a misdemeanor	5852
violation of division (C)(2) of this section or a fifth degree	5853
felony violation of division (C)(4), (5), or (6) of this section	5854
respectively.	5855

(G) When a person is charged with possessing a bulk amount or	5856
multiple of a bulk amount, division (E) of section 2925.03 of the	5857
Revised Code applies regarding the determination of the amount of	5858
the controlled substance involved at the time of the offense.	5859

Sec. 2929.01. As used in this chapter:

5860

(A)(1) "Alternative residential facility" means, subject to	5861
division (A)(2) of this section, any facility other than an	5862
offender's home or residence in which an offender is assigned to	5863
live and that satisfies all of the following criteria:	5864

(a) It provides programs through which the offender may seek	5865
or maintain employment or may receive education, training,	5866
treatment, or habilitation.	5867

(b) It has received the appropriate license or certificate	5868
for any specialized education, training, treatment, habilitation,	5869
or other service that it provides from the government agency that	5870
is responsible for licensing or certifying that type of education,	5871
training, treatment, habilitation, or service.	5872

(2) "Alternative residential facility" does not include a	5873
community-based correctional facility, jail, halfway house, or	5874
prison.	5875

(B) "Basic probation supervision" means a requirement that	5876
the offender maintain contact with a person appointed to supervise	5877
the offender in accordance with sanctions imposed by the court or	5878
imposed by the parole board pursuant to section 2967.28 of the	5879
Revised Code. "Basic probation supervision" includes basic parole	5880
supervision and basic post-release control supervision.	5881

(C) "Cocaine," ~~"crack cocaine,"~~ "hashish," "L.S.D.," and	5882
"unit dose" have the same meanings as in section 2925.01 of the	5883
Revised Code.	5884

(D) "Community-based correctional facility" means a	5885
community-based correctional facility and program or district	5886
community-based correctional facility and program developed	5887
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	5888

(E) "Community control sanction" means a sanction that is not	5889
a prison term and that is described in section 2929.15, 2929.16,	5890
2929.17, or 2929.18 of the Revised Code or a sanction that is not	5891
a jail term and that is described in section 2929.26, 2929.27, or	5892
2929.28 of the Revised Code. "Community control sanction"	5893
includes probation if the sentence involved was imposed for a	5894
felony that was committed prior to July 1, 1996, or if the	5895
sentence involved was imposed for a misdemeanor that was committed	5896
prior to January 1, 2004.	5897

(F) "Controlled substance," "marihuana," "schedule I," and	5898
"schedule II" have the same meanings as in section 3719.01 of the	5899
Revised Code.	5900

(G) "Curfew" means a requirement that an offender during a	5901
specified period of time be at a designated place.	5902

(H) "Day reporting" means a sanction pursuant to which an	5903
offender is required each day to report to and leave a center or	5904
other approved reporting location at specified times in order to	5905
participate in work, education or training, treatment, and other	5906
approved programs at the center or outside the center.	5907

(I) "Deadly weapon" has the same meaning as in section	5908
2923.11 of the Revised Code.	5909

(J) "Drug and alcohol use monitoring" means a program under	5910
which an offender agrees to submit to random chemical analysis of	5911
the offender's blood, breath, or urine to determine whether the	5912
offender has ingested any alcohol or other drugs.	5913

(K) "Drug treatment program" means any program under which a	5914
person undergoes assessment and treatment designed to reduce or	5915
completely eliminate the person's physical or emotional reliance	5916
upon alcohol, another drug, or alcohol and another drug and under	5917
which the person may be required to receive assessment and	5918
treatment on an outpatient basis or may be required to reside at a	5919
facility other than the person's home or residence while	5920
undergoing assessment and treatment.	5921

(L) "Economic loss" means any economic detriment suffered by	5922
a victim as a direct and proximate result of the commission of an	5923
offense and includes any loss of income due to lost time at work	5924
because of any injury caused to the victim, and any property	5925
loss, medical cost, or funeral expense incurred as a result of	5926
the commission of the offense. "Economic loss" does not include	5927
non-economic loss or any punitive or exemplary damages.	5928

(M) "Education or training" includes study at, or in	5929
conjunction with a program offered by, a university, college, or	5930
technical college or vocational study and also includes the	5931
completion of primary school, secondary school, and literacy	5932
curricula or their equivalent.	5933

(N) "Firearm" has the same meaning as in section 2923.11 of	5934
the Revised Code.	5935

(O) "Halfway house" means a facility licensed by the division	5936
of parole and community services of the department of	5937
rehabilitation and correction pursuant to section 2967.14 of the	5938
Revised Code as a suitable facility for the care and treatment of	5939
adult offenders.	5940

(P) "House arrest" means a period of confinement of an	5941
offender that is in the offender's home or in other premises	5942
specified by the sentencing court or by the parole board pursuant	5943
to section 2967.28 of the Revised Code and during which all of the	5944
following apply:	5945

(1) The offender is required to remain in the offender's home	5946
or other specified premises for the specified period of	5947
confinement, except for periods of time during which the offender	5948
is at the offender's place of employment or at other premises as	5949
authorized by the sentencing court or by the parole board.	5950

(2) The offender is required to report periodically to a	5951
person designated by the court or parole board.	5952

(3) The offender is subject to any other restrictions and	5953
requirements that may be imposed by the sentencing court or by the	5954
parole board.	5955

(Q) "Intensive probation supervision" means a requirement	5956
that an offender maintain frequent contact with a person appointed	5957
by the court, or by the parole board pursuant to section 2967.28	5958
of the Revised Code, to supervise the offender while the offender	5959
is seeking or maintaining necessary employment and participating	5960
in training, education, and treatment programs as required in the	5961
court's or parole board's order. "Intensive probation supervision"	5962
includes intensive parole supervision and intensive post-release	5963
control supervision.	5964

(R) "Jail" means a jail, workhouse, minimum security jail, or	5965
other residential facility used for the confinement of alleged or	5966
convicted offenders that is operated by a political subdivision or	5967
a combination of political subdivisions of this state.	5968

(S) "Jail term" means the term in a jail that a sentencing	5969
court imposes or is authorized to impose pursuant to section	5970
2929.24 or 2929.25 of the Revised Code or pursuant to any other	5971
provision of the Revised Code that authorizes a term in a jail for	5972
a misdemeanor conviction.	5973

(T) "Mandatory jail term" means the term in a jail that a	5974
sentencing court is required to impose pursuant to division (G) of	5975
section 1547.99 of the Revised Code, division (E) of section	5976
2903.06 or division (D) of section 2903.08 of the Revised Code,	5977
division (E) or (G) of section 2929.24 of the Revised Code,	5978
division (B) of section 4510.14 of the Revised Code, or division	5979
(G) of section 4511.19 of the Revised Code or pursuant to any	5980
other provision of the Revised Code that requires a term in a	5981
jail for a misdemeanor conviction.	5982

(U) "Delinquent child" has the same meaning as in section	5983
2152.02 of the Revised Code.	5984

(V) "License violation report" means a report that is made by	5985
a sentencing court, or by the parole board pursuant to section	5986
2967.28 of the Revised Code, to the regulatory or licensing board	5987
or agency that issued an offender a professional license or a	5988
license or permit to do business in this state and that specifies	5989
that the offender has been convicted of or pleaded guilty to an	5990
offense that may violate the conditions under which the offender's	5991
professional license or license or permit to do business in this	5992
state was granted or an offense for which the offender's	5993
professional license or license or permit to do business in this	5994
state may be revoked or suspended.	5995

(W) "Major drug offender" means an offender who is convicted	5996
of or pleads guilty to the possession of, sale of, or offer to	5997
sell any drug, compound, mixture, preparation, or substance that	5998
consists of or contains at least one thousand grams of hashish;	5999
at least one hundred grams of ~~crack~~ cocaine; ~~at least one~~	6000
~~thousand grams of cocaine that is not crack cocaine;~~ at least two	6001
thousand five hundred unit doses or two hundred fifty grams of	6002
heroin; at least five thousand unit doses of L.S.D. or five	6003
hundred grams of L.S.D. in a liquid concentrate, liquid extract,	6004
or liquid distillate form; or at least one hundred times the	6005
amount of any other schedule I or II controlled substance other	6006
than marihuana that is necessary to commit a felony of the third	6007
degree pursuant to section 2925.03, 2925.04, 2925.05, or 2925.11	6008
of the Revised Code that is based on the possession of, sale of,	6009
or offer to sell the controlled substance.	6010

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

6011

(1) Subject to division (X)(2) of this section, the term in	6012
prison that must be imposed for the offenses or circumstances set	6013
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section	6014
2929.13 and division (D) of section 2929.14 of the Revised Code.	6015
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	6016
and 2925.11 of the Revised Code, unless the maximum or another	6017
specific term is required under section 2929.14 or 2929.142 of the	6018
Revised Code, a mandatory prison term described in this division	6019
may be any prison term authorized for the level of offense.	6020

(2) The term of sixty or one hundred twenty days in prison	6021
that a sentencing court is required to impose for a third or	6022
fourth degree felony OVI offense pursuant to division (G)(2) of	6023
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	6024
of the Revised Code or the term of one, two, three, four, or five	6025
years in prison that a sentencing court is required to impose	6026
pursuant to division (G)(2) of section 2929.13 of the Revised	6027
Code.	6028

(3) The term in prison imposed pursuant to division (A) of	6029
section 2971.03 of the Revised Code for the offenses and in the	6030
circumstances described in division (F)(11) of section 2929.13 of	6031
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	6032
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	6033
2971.03 of the Revised Code and that term as modified or	6034
terminated pursuant to section 2971.05 of the Revised Code.	6035

(Y) "Monitored time" means a period of time during which an	6036
offender continues to be under the control of the sentencing	6037
court or parole board, subject to no conditions other than leading	6038
a law-abiding life.	6039

(Z) "Offender" means a person who, in this state, is	6040
convicted of or pleads guilty to a felony or a misdemeanor.	6041

(AA) "Prison" means a residential facility used for the	6042
confinement of convicted felony offenders that is under the	6043
control of the department of rehabilitation and correction but	6044
does not include a violation sanction center operated under	6045
authority of section 2967.141 of the Revised Code.	6046

(BB) "Prison term" includes either of the following sanctions	6047
for an offender:	6048

(1) A stated prison term;

6049

(2) A term in a prison shortened by, or with the approval of,	6050
the sentencing court pursuant to section 2929.20, 2967.26,	6051
5120.031, 5120.032, or 5120.073 of the Revised Code.	6052

(CC) "Repeat violent offender" means a person about whom both	6053
of the following apply:	6054

(1) The person is being sentenced for committing or for	6055
complicity in committing any of the following:	6056

(a) Aggravated murder, murder, any felony of the first or	6057
second degree that is an offense of violence, or an attempt to	6058
commit any of these offenses if the attempt is a felony of the	6059
first or second degree;	6060

(b) An offense under an existing or former law of this state,	6061
another state, or the United States that is or was substantially	6062
equivalent to an offense described in division (CC)(1)(a) of this	6063
section.	6064

(2) The person previously was convicted of or pleaded guilty	6065
to an offense described in division (CC)(1)(a) or (b) of this	6066
section.	6067

(DD) "Sanction" means any penalty imposed upon an offender	6068
who is convicted of or pleads guilty to an offense, as punishment	6069
for the offense. "Sanction" includes any sanction imposed	6070
pursuant to any provision of sections 2929.14 to 2929.18 or	6071
2929.24 to 2929.28 of the Revised Code.	6072

(EE) "Sentence" means the sanction or combination of	6073
sanctions imposed by the sentencing court on an offender who is	6074
convicted of or pleads guilty to an offense.	6075

(FF) "Stated prison term" means the prison term, mandatory	6076
prison term, or combination of all prison terms and mandatory	6077
prison terms imposed by the sentencing court pursuant to section	6078
2929.14, 2929.142, or 2971.03 of the Revised Code or under section	6079
2919.25 of the Revised Code. "Stated prison term" includes any	6080
credit received by the offender for time spent in jail awaiting	6081
trial, sentencing, or transfer to prison for the offense and any	6082
time spent under house arrest or house arrest with electronic	6083
monitoring imposed after earning credits pursuant to section	6084
2967.193 of the Revised Code.	6085

(GG) "Victim-offender mediation" means a reconciliation or	6086
mediation program that involves an offender and the victim of the	6087
offense committed by the offender and that includes a meeting in	6088
which the offender and the victim may discuss the offense,	6089
discuss restitution, and consider other sanctions for the offense.	6090

(HH) "Fourth degree felony OVI offense" means a violation of	6091
division (A) of section 4511.19 of the Revised Code that, under	6092
division (G) of that section, is a felony of the fourth degree.	6093

(II) "Mandatory term of local incarceration" means the term	6094
of sixty or one hundred twenty days in a jail, a community-based	6095
correctional facility, a halfway house, or an alternative	6096
residential facility that a sentencing court may impose upon a	6097
person who is convicted of or pleads guilty to a fourth degree	6098
felony OVI offense pursuant to division (G)(1) of section 2929.13	6099
of the Revised Code and division (G)(1)(d) or (e) of section	6100
4511.19 of the Revised Code.	6101

(JJ) "Designated homicide, assault, or kidnapping offense,"	6102
"violent sex offense," "sexual motivation specification,"	6103
"sexually violent offense," "sexually violent predator," and	6104
"sexually violent predator specification" have the same meanings	6105
as in section 2971.01 of the Revised Code.	6106

(KK) "Sexually oriented offense," "child-victim oriented	6107
offense," and "tier III sex offender/child-victim offender," have	6108
the same meanings as in section 2950.01 of the Revised Code.	6109

(LL) An offense is "committed in the vicinity of a child" if	6110
the offender commits the offense within thirty feet of or within	6111
the same residential unit as a child who is under eighteen years	6112
of age, regardless of whether the offender knows the age of the	6113
child or whether the offender knows the offense is being	6114
committed within thirty feet of or within the same residential	6115
unit as the child and regardless of whether the child actually	6116
views the commission of the offense.	6117

(MM) "Family or household member" has the same meaning as in	6118
section 2919.25 of the Revised Code.	6119

(NN) "Motor vehicle" and "manufactured home" have the same	6120
meanings as in section 4501.01 of the Revised Code.	6121

(OO) "Detention" and "detention facility" have the same	6122
meanings as in section 2921.01 of the Revised Code.	6123

(PP) "Third degree felony OVI offense" means a violation of	6124
division (A) of section 4511.19 of the Revised Code that, under	6125
division (G) of that section, is a felony of the third degree.	6126

(QQ) "Random drug testing" has the same meaning as in section	6127
5120.63 of the Revised Code.	6128

(RR) "Felony sex offense" has the same meaning as in section	6129
2967.28 of the Revised Code.	6130

(SS) "Body armor" has the same meaning as in section	6131
2941.1411 of the Revised Code.	6132

(TT) "Electronic monitoring" means monitoring through the use	6133
of an electronic monitoring device.	6134

(UU) "Electronic monitoring device" means any of the	6135
following:	6136

(1) Any device that can be operated by electrical or battery	6137
power and that conforms with all of the following:	6138

(a) The device has a transmitter that can be attached to a	6139
person, that will transmit a specified signal to a receiver of the	6140
type described in division (UU)(1)(b) of this section if the	6141
transmitter is removed from the person, turned off, or altered in	6142
any manner without prior court approval in relation to electronic	6143
monitoring or without prior approval of the department of	6144
rehabilitation and correction in relation to the use of an	6145
electronic monitoring device for an inmate on transitional control	6146
or otherwise is tampered with, that can transmit continuously and	6147
periodically a signal to that receiver when the person is within a	6148
specified distance from the receiver, and that can transmit an	6149
appropriate signal to that receiver if the person to whom it is	6150
attached travels a specified distance from that receiver.	6151

(b) The device has a receiver that can receive continuously	6152
the signals transmitted by a transmitter of the type described in	6153
division (UU)(1)(a) of this section, can transmit continuously	6154
those signals by telephone to a central monitoring computer of the	6155
type described in division (UU)(1)(c) of this section, and can	6156
transmit continuously an appropriate signal to that central	6157
monitoring computer if the receiver is turned off or altered	6158
without prior court approval or otherwise tampered with.	6159

(c) The device has a central monitoring computer that can	6160
receive continuously the signals transmitted by telephone by a	6161
receiver of the type described in division (UU)(1)(b) of this	6162
section and can monitor continuously the person to whom an	6163
electronic monitoring device of the type described in division	6164
(UU)(1)(a) of this section is attached.	6165

(2) Any device that is not a device of the type described in	6166
division (UU)(1) of this section and that conforms with all of	6167
the following:	6168

(a) The device includes a transmitter and receiver that can	6169
monitor and determine the location of a subject person at any	6170
time, or at a designated point in time, through the use of a	6171
central monitoring computer or through other electronic means.	6172

(b) The device includes a transmitter and receiver that can	6173
determine at any time, or at a designated point in time, through	6174
the use of a central monitoring computer or other electronic means	6175
the fact that the transmitter is turned off or altered in any	6176
manner without prior approval of the court in relation to the	6177
electronic monitoring or without prior approval of the department	6178
of rehabilitation and correction in relation to the use of an	6179
electronic monitoring device for an inmate on transitional control	6180
or otherwise is tampered with.	6181

(3) Any type of technology that can adequately track or	6182
determine the location of a subject person at any time and that is	6183
approved by the director of rehabilitation and correction,	6184
including, but not limited to, any satellite technology, voice	6185
tracking system, or retinal scanning system that is so approved.	6186

(VV) "Non-economic loss" means nonpecuniary harm suffered by	6187
a victim of an offense as a result of or related to the	6188
commission of the offense, including, but not limited to, pain	6189
and suffering; loss of society, consortium, companionship, care,	6190
assistance, attention, protection, advice, guidance, counsel,	6191
instruction, training, or education; mental anguish; and any	6192
other intangible loss.	6193

(WW) "Prosecutor" has the same meaning as in section 2935.01	6194
of the Revised Code.	6195

(XX) "Continuous alcohol monitoring" means the ability to	6196
automatically test and periodically transmit alcohol consumption	6197
levels and tamper attempts at least every hour, regardless of the	6198
location of the person who is being monitored.	6199

(YY) A person is "adjudicated a sexually violent predator"	6200
if the person is convicted of or pleads guilty to a violent sex	6201
offense and also is convicted of or pleads guilty to a sexually	6202
violent predator specification that was included in the	6203
indictment, count in the indictment, or information charging that	6204
violent sex offense or if the person is convicted of or pleads	6205
guilty to a designated homicide, assault, or kidnapping offense	6206
and also is convicted of or pleads guilty to both a sexual	6207
motivation specification and a sexually violent predator	6208
specification that were included in the indictment, count in the	6209
indictment, or information charging that designated homicide,	6210
assault, or kidnapping offense.	6211

(ZZ) An offense is "committed in proximity to a school" if	6212
the offender commits the offense in a school safety zone or	6213
within five hundred feet of any school building or the boundaries	6214
of any school premises, regardless of whether the offender knows	6215
the offense is being committed in a school safety zone or within	6216
five hundred feet of any school building or the boundaries of any	6217
school premises.	6218

(AAA) "Human trafficking" means a scheme or plan to which all	6219
of the following apply:	6220

(1) Its object is to compel a victim or victims to engage in	6221
sexual activity for hire, to engage in a performance that is	6222
obscene, sexually oriented, or nudity oriented, or to be a model	6223
or participant in the production of material that is obscene,	6224
sexually oriented, or nudity oriented.	6225

(2) It involves at least two felony offenses, whether or not	6226
there has been a prior conviction for any of the felony offenses,	6227
to which all of the following apply:	6228

(a) Each of the felony offenses is a violation of section	6229
2905.01, 2905.02, 2907.21, 2907.22, or 2923.32, division (A)(1) or	6230
(2) of section 2907.323, or division (B)(1), (2), (3), (4), or (5)	6231
of section 2919.22 of the Revised Code or is a violation of a law	6232
of any state other than this state that is substantially similar	6233
to any of the sections or divisions of the Revised Code identified	6234
in this division.	6235

(b) At least one of the felony offenses was committed in this	6236
state.	6237

(c) The felony offenses are related to the same scheme or	6238
plan, are not isolated instances, and are not so closely related	6239
to each other and connected in time and place that they constitute	6240
a single event or transaction.	6241

(BBB) "Material," "nudity," "obscene," "performance," and	6242
"sexual activity" have the same meanings as in section 2907.01 of	6243
the Revised Code.	6244

(CCC) "Material that is obscene, sexually oriented, or nudity	6245
oriented" means any material that is obscene, that shows a person	6246
participating or engaging in sexual activity, masturbation, or	6247
bestiality, or that shows a person in a state of nudity.	6248

(DDD) "Performance that is obscene, sexually oriented, or	6249
nudity oriented" means any performance that is obscene, that shows	6250
a person participating or engaging in sexual activity,	6251
masturbation, or bestiality, or that shows a person in a state of	6252
nudity.	6253

Sec. 2929.13. (A) Except as provided in division (E), (F),	6254
or (G) of this section and unless a specific sanction is required	6255
to be imposed or is precluded from being imposed pursuant to law,	6256
a court that imposes a sentence upon an offender for a felony may	6257
impose any sanction or combination of sanctions on the offender	6258
that are provided in sections 2929.14 to 2929.18 of the Revised	6259
Code. The sentence shall not impose an unnecessary burden on state	6260
or local government resources.	6261

If the offender is eligible to be sentenced to community	6262
control sanctions, the court shall consider the appropriateness of	6263
imposing a financial sanction pursuant to section 2929.18 of the	6264
Revised Code or a sanction of community service pursuant to	6265
section 2929.17 of the Revised Code as the sole sanction for the	6266
offense. Except as otherwise provided in this division, if the	6267
court is required to impose a mandatory prison term for the	6268
offense for which sentence is being imposed, the court also shall	6269
impose any financial sanction pursuant to section 2929.18 of the	6270
Revised Code that is required for the offense and may impose any	6271
other financial sanction pursuant to that section but may not	6272
impose any additional sanction or combination of sanctions under	6273
section 2929.16 or 2929.17 of the Revised Code.	6274

If the offender is being sentenced for a fourth degree felony	6275
OVI offense or for a third degree felony OVI offense, in addition	6276
to the mandatory term of local incarceration or the mandatory	6277
prison term required for the offense by division (G)(1) or (2) of	6278
this section, the court shall impose upon the offender a mandatory	6279
fine in accordance with division (B)(3) of section 2929.18 of the	6280
Revised Code and may impose whichever of the following is	6281
applicable:	6282

(1) For a fourth degree felony OVI offense for which sentence	6283
is imposed under division (G)(1) of this section, an additional	6284
community control sanction or combination of community control	6285
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	6286
the court imposes upon the offender a community control sanction	6287
and the offender violates any condition of the community control	6288
sanction, the court may take any action prescribed in division (B)	6289
of section 2929.15 of the Revised Code relative to the offender,	6290
including imposing a prison term on the offender pursuant to that	6291
division.	6292

(2) For a third or fourth degree felony OVI offense for which	6293
sentence is imposed under division (G)(2) of this section, an	6294
additional prison term as described in division (D)(4) of section	6295
2929.14 of the Revised Code or a community control sanction as	6296
described in division (G)(2) of this section.	6297

(B)(1) Except as provided in division (B)(2), (E), (F), or	6298
(G) of this section, in sentencing an offender for a felony of the	6299
fourth or fifth degree, the sentencing court shall determine	6300
whether any of the following apply:	6301

(a) In committing the offense, the offender caused physical	6302
harm to a person.	6303

(b) In committing the offense, the offender attempted to	6304
cause or made an actual threat of physical harm to a person with a	6305
deadly weapon.	6306

(c) In committing the offense, the offender attempted to	6307
cause or made an actual threat of physical harm to a person, and	6308
the offender previously was convicted of an offense that caused	6309
physical harm to a person.	6310

(d) The offender held a public office or position of trust	6311
and the offense related to that office or position; the offender's	6312
position obliged the offender to prevent the offense or to bring	6313
those committing it to justice; or the offender's professional	6314
reputation or position facilitated the offense or was likely to	6315
influence the future conduct of others.	6316

(e) The offender committed the offense for hire or as part of	6317
an organized criminal activity.	6318

(f) The offense is a sex offense that is a fourth or fifth	6319
degree felony violation of section 2907.03, 2907.04, 2907.05,	6320
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	6321
Revised Code.	6322

(g) The offender at the time of the offense was serving, or	6323
the offender previously had served, a prison term.	6324

(h) The offender committed the offense while under a	6325
community control sanction, while on probation, or while released	6326
from custody on a bond or personal recognizance.	6327

(i) The offender committed the offense while in possession of	6328
a firearm.	6329

(2)(a) If the court makes a finding described in division	6330
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	6331
section and if the court, after considering the factors set forth	6332
in section 2929.12 of the Revised Code, finds that a prison term	6333
is consistent with the purposes and principles of sentencing set	6334
forth in section 2929.11 of the Revised Code and finds that the	6335
offender is not amenable to an available community control	6336
sanction, the court shall impose a prison term upon the offender.	6337

(b) Except as provided in division (E), (F), or (G) of this	6338
section, if the court does not make a finding described in	6339
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	6340
this section and if the court, after considering the factors set	6341
forth in section 2929.12 of the Revised Code, finds that a	6342
community control sanction or combination of community control	6343
sanctions is consistent with the purposes and principles of	6344
sentencing set forth in section 2929.11 of the Revised Code, the	6345
court shall impose a community control sanction or combination of	6346
community control sanctions upon the offender.	6347

(C) Except as provided in division (D), (E), (F), or (G) of	6348
this section, in determining whether to impose a prison term as a	6349
sanction for a felony of the third degree or a felony drug offense	6350
that is a violation of a provision of Chapter 2925. of the Revised	6351
Code and that is specified as being subject to this division for	6352
purposes of sentencing, the sentencing court shall comply with the	6353
purposes and principles of sentencing under section 2929.11 of the	6354
Revised Code and with section 2929.12 of the Revised Code.	6355

(D)(1) Except as provided in division (E) or (F) of this	6356
section, for a felony of the first or second degree, for a felony	6357
drug offense that is a violation of any provision of Chapter	6358
2925., 3719., or 4729. of the Revised Code for which a presumption	6359
in favor of a prison term is specified as being applicable, and	6360
for a violation of division (A)(4) or (B) of section 2907.05 of	6361
the Revised Code for which a presumption in favor of a prison term	6362
is specified as being applicable, it is presumed that a prison	6363
term is necessary in order to comply with the purposes and	6364
principles of sentencing under section 2929.11 of the Revised	6365
Code. Division (D)(2) of this section does not apply to a	6366
presumption established under this division for a violation of	6367
division (A)(4) of section 2907.05 of the Revised Code.	6368

(2) Notwithstanding the presumption established under	6369
division (D)(1) of this section for the offenses listed in that	6370
division other than a violation of division (A)(4) or (B) of	6371
section 2907.05 of the Revised Code, the sentencing court may	6372
impose a community control sanction or a combination of community	6373
control sanctions instead of a prison term on an offender for a	6374
felony of the first or second degree or for a felony drug offense	6375
that is a violation of any provision of Chapter 2925., 3719., or	6376
4729. of the Revised Code for which a presumption in favor of a	6377
prison term is specified as being applicable if it makes both of	6378
the following findings:	6379

(a) A community control sanction or a combination of	6380
community control sanctions would adequately punish the offender	6381
and protect the public from future crime, because the applicable	6382
factors under section 2929.12 of the Revised Code indicating a	6383
lesser likelihood of recidivism outweigh the applicable factors	6384
under that section indicating a greater likelihood of recidivism.	6385

(b) A community control sanction or a combination of	6386
community control sanctions would not demean the seriousness of	6387
the offense, because one or more factors under section 2929.12 of	6388
the Revised Code that indicate that the offender's conduct was	6389
less serious than conduct normally constituting the offense are	6390
applicable, and they outweigh the applicable factors under that	6391
section that indicate that the offender's conduct was more serious	6392
than conduct normally constituting the offense.	6393

(E)(1) Except as provided in division (F) of this section,	6394
for any drug offense that is a violation of any provision of	6395
Chapter 2925. of the Revised Code and that is a felony of the	6396
third, fourth, or fifth degree, the applicability of a presumption	6397
under division (D) of this section in favor of a prison term or of	6398
division (B) or (C) of this section in determining whether to	6399
impose a prison term for the offense shall be determined as	6400
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	6401
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	6402
Revised Code, whichever is applicable regarding the violation.	6403

(2) If an offender who was convicted of or pleaded guilty to	6404
a felony violates the conditions of a community control sanction	6405
imposed for the offense solely by reason of producing positive	6406
results on a drug test, the court, as punishment for the violation	6407
of the sanction, shall not order that the offender be imprisoned	6408
unless the court determines on the record either of the following:	6409

(a) The offender had been ordered as a sanction for the	6410
felony to participate in a drug treatment program, in a drug	6411
education program, or in narcotics anonymous or a similar program,	6412
and the offender continued to use illegal drugs after a reasonable	6413
period of participation in the program.	6414

(b) The imprisonment of the offender for the violation is	6415
consistent with the purposes and principles of sentencing set	6416
forth in section 2929.11 of the Revised Code.	6417

(3) A court that sentences an offender for a drug abuse	6418
offense that is a felony of the third, fourth, or fifth degree	6419
may require that the offender be assessed by a properly	6420
credentialed professional within a specified period of time. The	6421
court shall require the professional to file a written assessment	6422
of the offender with the court. If the offender is eligible for a	6423
community control sanction and after considering the written	6424
assessment, the court may impose a community control sanction	6425
that includes treatment and recovery support services authorized	6426
by section 3793.02 of the Revised Code. If the court imposes	6427
treatment and recovery support services as a community control	6428
sanction, the court shall direct the level and type of treatment	6429
and recovery support services after considering the assessment and	6430
recommendation of treatment and recovery support services	6431
providers.	6432

(F) Notwithstanding divisions (A) to (E) of this section, the	6433
court shall impose a prison term or terms under sections 2929.02	6434
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	6435
of the Revised Code and except as specifically provided in section	6436
2929.20, division (K) of section 2967.19, or section 2967.191 of	6437
the Revised Code or when parole is authorized for the offense	6438
under section 2967.13 of the Revised Code shall not reduce the	6439
term or terms pursuant to section 2929.20, section 2967.19,	6440
section 2967.193, or any other provision of Chapter 2967. or	6441
Chapter 5120. of the Revised Code for any of the following	6442
offenses:	6443

(1) Aggravated murder when death is not imposed or murder;

6444

(2) Any rape, regardless of whether force was involved and	6445
regardless of the age of the victim, or an attempt to commit rape	6446
if, had the offender completed the rape that was attempted, the	6447
offender would have been guilty of a violation of division	6448
(A)(1)(b) of section 2907.02 of the Revised Code and would be	6449
sentenced under section 2971.03 of the Revised Code;	6450

(3) Gross sexual imposition or sexual battery, if the victim	6451
is less than thirteen years of age and if any of the following	6452
applies:	6453

(a) Regarding gross sexual imposition, the offender	6454
previously was convicted of or pleaded guilty to rape, the former	6455
offense of felonious sexual penetration, gross sexual imposition,	6456
or sexual battery, and the victim of the previous offense was	6457
less than thirteen years of age;	6458

(b) Regarding gross sexual imposition, the offense was	6459
committed on or after August 3, 2006, and evidence other than the	6460
testimony of the victim was admitted in the case corroborating the	6461
violation.	6462

(c) Regarding sexual battery, either of the following	6463
applies:	6464

(i) The offense was committed prior to August 3, 2006, the	6465
offender previously was convicted of or pleaded guilty to rape,	6466
the former offense of felonious sexual penetration, or sexual	6467
battery, and the victim of the previous offense was less than	6468
thirteen years of age.	6469

(ii) The offense was committed on or after August 3, 2006.

6470

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	6471
2903.11, 2903.12, 2903.13, or 2907.07 of the Revised Code if the	6472
section requires the imposition of a prison term;	6473

(5) A first, second, or third degree felony drug offense for	6474
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	6475
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	6476
4729.99 of the Revised Code, whichever is applicable regarding the	6477
violation, requires the imposition of a mandatory prison term;	6478

(6) Any offense that is a first or second degree felony and	6479
that is not set forth in division (F)(1), (2), (3), or (4) of this	6480
section, if the offender previously was convicted of or pleaded	6481
guilty to aggravated murder, murder, any first or second degree	6482
felony, or an offense under an existing or former law of this	6483
state, another state, or the United States that is or was	6484
substantially equivalent to one of those offenses;	6485

(7) Any offense that is a third degree felony and either is	6486
a violation of section 2903.04 of the Revised Code or an attempt	6487
to commit a felony of the second degree that is an offense of	6488
violence and involved an attempt to cause serious physical harm to	6489
a person or that resulted in serious physical harm to a person if	6490
the offender previously was convicted of or pleaded guilty to any	6491
of the following offenses:	6492

(a) Aggravated murder, murder, involuntary manslaughter,	6493
rape, felonious sexual penetration as it existed under section	6494
2907.12 of the Revised Code prior to September 3, 1996, a felony	6495
of the first or second degree that resulted in the death of a	6496
person or in physical harm to a person, or complicity in or an	6497
attempt to commit any of those offenses;	6498

(b) An offense under an existing or former law of this state,	6499
another state, or the United States that is or was substantially	6500
equivalent to an offense listed in division (F)(7)(a) of this	6501
section that resulted in the death of a person or in physical harm	6502
to a person.	6503

(8) Any offense, other than a violation of section 2923.12 of	6504
the Revised Code, that is a felony, if the offender had a firearm	6505
on or about the offender's person or under the offender's control	6506
while committing the felony, with respect to a portion of the	6507
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	6508
of the Revised Code for having the firearm;	6509

(9) Any offense of violence that is a felony, if the offender	6510
wore or carried body armor while committing the felony offense of	6511
violence, with respect to the portion of the sentence imposed	6512
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	6513
Code for wearing or carrying the body armor;	6514

(10) Corrupt activity in violation of section 2923.32 of the	6515
Revised Code when the most serious offense in the pattern of	6516
corrupt activity that is the basis of the offense is a felony of	6517
the first degree;	6518

(11) Any violent sex offense or designated homicide, assault,	6519
or kidnapping offense if, in relation to that offense, the	6520
offender is adjudicated a sexually violent predator;	6521

(12) A violation of division (A)(1) or (2) of section 2921.36	6522
of the Revised Code, or a violation of division (C) of that	6523
section involving an item listed in division (A)(1) or (2) of that	6524
section, if the offender is an officer or employee of the	6525
department of rehabilitation and correction;	6526

(13) A violation of division (A)(1) or (2) of section 2903.06	6527
of the Revised Code if the victim of the offense is a peace	6528
officer, as defined in section 2935.01 of the Revised Code, or an	6529
investigator of the bureau of criminal identification and	6530
investigation, as defined in section 2903.11 of the Revised Code,	6531
with respect to the portion of the sentence imposed pursuant to	6532
division (D)(5) of section 2929.14 of the Revised Code;	6533

(14) A violation of division (A)(1) or (2) of section 2903.06	6534
of the Revised Code if the offender has been convicted of or	6535
pleaded guilty to three or more violations of division (A) or (B)	6536
of section 4511.19 of the Revised Code or an equivalent offense,	6537
as defined in section 2941.1415 of the Revised Code, or three or	6538
more violations of any combination of those divisions and	6539
offenses, with respect to the portion of the sentence imposed	6540
pursuant to division (D)(6) of section 2929.14 of the Revised	6541
Code;	6542

(15) Kidnapping, in the circumstances specified in section	6543
2971.03 of the Revised Code and when no other provision of	6544
division (F) of this section applies;	6545

(16) Kidnapping, abduction, compelling prostitution,	6546
promoting prostitution, engaging in a pattern of corrupt activity,	6547
illegal use of a minor in a nudity-oriented material or	6548
performance in violation of division (A)(1) or (2) of section	6549
2907.323 of the Revised Code, or endangering children in violation	6550
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	6551
the Revised Code, if the offender is convicted of or pleads	6552
guilty to a specification as described in section 2941.1422 of	6553
the Revised Code that was included in the indictment, count in	6554
the indictment, or information charging the offense;	6555

(17) A felony violation of division (A) or (B) of section	6556
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	6557
that section, and division (A)(6) of that section, require the	6558
imposition of a prison term;	6559

(18) A felony violation of section 2903.11, 2903.12, or	6560
2903.13 of the Revised Code, if the victim of the offense was a	6561
woman that the offender knew was pregnant at the time of the	6562
violation, with respect to a portion of the sentence imposed	6563
pursuant to division (D)(8) of section 2929.14 of the Revised	6564
Code.	6565

(G) Notwithstanding divisions (A) to (E) of this section, if	6566
an offender is being sentenced for a fourth degree felony OVI	6567
offense or for a third degree felony OVI offense, the court shall	6568
impose upon the offender a mandatory term of local incarceration	6569
or a mandatory prison term in accordance with the following:	6570

(1) If the offender is being sentenced for a fourth degree	6571
felony OVI offense and if the offender has not been convicted of	6572
and has not pleaded guilty to a specification of the type	6573
described in section 2941.1413 of the Revised Code, the court may	6574
impose upon the offender a mandatory term of local incarceration	6575
of sixty days or one hundred twenty days as specified in division	6576
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	6577
not reduce the term pursuant to section 2929.20, 2967.193, or any	6578
other provision of the Revised Code. The court that imposes a	6579
mandatory term of local incarceration under this division shall	6580
specify whether the term is to be served in a jail, a	6581
community-based correctional facility, a halfway house, or an	6582
alternative residential facility, and the offender shall serve the	6583
term in the type of facility specified by the court. A mandatory	6584
term of local incarceration imposed under division (G)(1) of this	6585
section is not subject to any other Revised Code provision that	6586
pertains to a prison term except as provided in division (A)(1)	6587
of this section.	6588

(2) If the offender is being sentenced for a third degree	6589
felony OVI offense, or if the offender is being sentenced for a	6590
fourth degree felony OVI offense and the court does not impose a	6591
mandatory term of local incarceration under division (G)(1) of	6592
this section, the court shall impose upon the offender a mandatory	6593
prison term of one, two, three, four, or five years if the	6594
offender also is convicted of or also pleads guilty to a	6595
specification of the type described in section 2941.1413 of the	6596
Revised Code or shall impose upon the offender a mandatory prison	6597
term of sixty days or one hundred twenty days as specified in	6598
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	6599
if the offender has not been convicted of and has not pleaded	6600
guilty to a specification of that type. ~~The~~Subject to division	6601
(K) of section 2967.19 of the Revised Code, the court shall not	6602
reduce the term pursuant to section 2929.20, 2967.19, 2967.193,	6603
or any other provision of the Revised Code. The offender shall	6604
serve the one-, two-, three-, four-, or five-year mandatory	6605
prison term consecutively to and prior to the prison term	6606
imposed for the underlying offense and consecutively to any	6607
other mandatory prison term imposed in relation to the offense.	6608
In no case shall an offender who once has been sentenced to a	6609
mandatory term of local incarceration pursuant to division (G)(1)	6610
of this section for a fourth degree felony OVI offense be	6611
sentenced to another mandatory term of local incarceration under	6612
that division for any violation of division (A) of section	6613
4511.19 of the Revised Code. In addition to the mandatory prison	6614
term described in division (G)(2) of this section, the court may	6615
sentence the offender to a community control sanction under	6616
section 2929.16 or 2929.17 of the Revised Code, but the offender	6617
shall serve the prison term prior to serving the community	6618
control sanction. The department of rehabilitation and correction	6619
may place an offender sentenced to a mandatory prison term under	6620
this division in an intensive program prison established pursuant	6621
to section 5120.033 of the Revised Code if the department gave the	6622
sentencing judge prior notice of its intent to place the offender	6623
in an intensive program prison established under that section and	6624
if the judge did not notify the department that the judge	6625
disapproved the placement. Upon the establishment of the initial	6626
intensive program prison pursuant to section 5120.033 of the	6627
Revised Code that is privately operated and managed by a	6628
contractor pursuant to a contract entered into under section 9.06	6629
of the Revised Code, both of the following apply:	6630

(a) The department of rehabilitation and correction shall	6631
make a reasonable effort to ensure that a sufficient number of	6632
offenders sentenced to a mandatory prison term under this division	6633
are placed in the privately operated and managed prison so that	6634
the privately operated and managed prison has full occupancy.	6635

(b) Unless the privately operated and managed prison has full	6636
occupancy, the department of rehabilitation and correction shall	6637
not place any offender sentenced to a mandatory prison term under	6638
this division in any intensive program prison established pursuant	6639
to section 5120.033 of the Revised Code other than the privately	6640
operated and managed prison.	6641

(H) If an offender is being sentenced for a sexually oriented	6642
offense or child-victim oriented offense that is a felony	6643
committed on or after January 1, 1997, the judge shall require the	6644
offender to submit to a DNA specimen collection procedure pursuant	6645
to section 2901.07 of the Revised Code.	6646

(I) If an offender is being sentenced for a sexually oriented	6647
offense or a child-victim oriented offense committed on or after	6648
January 1, 1997, the judge shall include in the sentence a	6649
summary of the offender's duties imposed under sections 2950.04,	6650
2950.041, 2950.05, and 2950.06 of the Revised Code and the	6651
duration of the duties. The judge shall inform the offender, at	6652
the time of sentencing, of those duties and of their duration. If	6653
required under division (A)(2) of section 2950.03 of the Revised	6654
Code, the judge shall perform the duties specified in that	6655
section, or, if required under division (A)(6) of section 2950.03	6656
of the Revised Code, the judge shall perform the duties specified	6657
in that division.	6658

(J)(1) Except as provided in division (J)(2) of this section,	6659
when considering sentencing factors under this section in relation	6660
to an offender who is convicted of or pleads guilty to an attempt	6661
to commit an offense in violation of section 2923.02 of the	6662
Revised Code, the sentencing court shall consider the factors	6663
applicable to the felony category of the violation of section	6664
2923.02 of the Revised Code instead of the factors applicable to	6665
the felony category of the offense attempted.	6666

(2) When considering sentencing factors under this section in	6667
relation to an offender who is convicted of or pleads guilty to an	6668
attempt to commit a drug abuse offense for which the penalty is	6669
determined by the amount or number of unit doses of the controlled	6670
substance involved in the drug abuse offense, the sentencing court	6671
shall consider the factors applicable to the felony category that	6672
the drug abuse offense attempted would be if that drug abuse	6673
offense had been committed and had involved an amount or number of	6674
unit doses of the controlled substance that is within the next	6675
lower range of controlled substance amounts than was involved in	6676
the attempt.	6677

(K) As used in this section, "drug abuse offense" has the	6678
same meaning as in section 2925.01 of the Revised Code.	6679

(L) At the time of sentencing an offender for any sexually	6680
oriented offense, if the offender is a tier III sex	6681
offender/child-victim offender relative to that offense and the	6682
offender does not serve a prison term or jail term, the court may	6683
require that the offender be monitored by means of a global	6684
positioning device. If the court requires such monitoring, the	6685
cost of monitoring shall be borne by the offender. If the	6686
offender is indigent, the cost of compliance shall be paid by the	6687
crime victims reparations fund.	6688

Sec. 2929.14. (A) Except as provided in division (C),	6689
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (D)(7), (D)(8),	6690
(G), (I), (J), or (L) of this section or in division (D)(6) of	6691
section 2919.25 of the Revised Code and except in relation to an	6692
offense for which a sentence of death or life imprisonment is	6693
to be imposed, if the court imposing a sentence upon an	6694
offender for a felony elects or is required to impose a prison	6695
term on the offender pursuant to this chapter, the court shall	6696
impose a definite prison term that shall be one of the	6697
following:	6698

(1) For a felony of the first degree, the prison term shall	6699
be three, four, five, six, seven, eight, nine, or ten years.	6700

(2) For a felony of the second degree, the prison term shall	6701
be two, three, four, five, six, seven, or eight years.	6702

(3) For a felony of the third degree, the prison term shall	6703
be one, two, three, four, or five years.	6704

(4) For a felony of the fourth degree, the prison term shall	6705
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	6706
fourteen, fifteen, sixteen, seventeen, or eighteen months.	6707

(5) For a felony of the fifth degree, the prison term shall	6708
be six, seven, eight, nine, ten, eleven, or twelve months.	6709

(B) Except as provided in division (C), (D)(1), (D)(2),	6710
(D)(3), (D)(5), (D)(6), (D)(7), (D)(8), (G), (I), (J), or (L) of	6711
this section, in section 2907.02 , 2907.05, or 2919.25 of the	6712
Revised Code, or in Chapter 2925. of the Revised Code, if the	6713
court imposing a sentence upon an offender for a felony elects	6714
or is required to impose a prison term on the offender, the	6715
court shall impose the shortest prison term authorized for the	6716
offense pursuant to division (A) of this section, unless one or	6717
more of the following applies:	6718

(1) The offender was serving a prison term at the time of the	6719
offense, or the offender previously had served a prison term.	6720

(2) The court finds on the record that the shortest prison	6721
term will demean the seriousness of the offender's conduct or will	6722
not adequately protect the public from future crime by the	6723
offender or others.	6724

(C) Except as provided in division (D)(7), (D)(8), (G), or	6725
(L) of this section, in section 2919.25 of the Revised Code, or	6726
in Chapter 2925. of the Revised Code, the court imposing a	6727
sentence upon an offender for a felony may impose the longest	6728
prison term authorized for the offense pursuant to division (A)	6729
of this section only upon offenders who committed the worst forms	6730
of the offense, upon offenders who pose the greatest likelihood	6731
of committing future crimes, upon certain major drug offenders	6732
under division (D)(3) of this section, and upon certain repeat	6733
violent offenders in accordance with division (D)(2) of this	6734
section.	6735

(D)(1)(a) Except as provided in division (D)(1)(e) of this	6736
section, if an offender who is convicted of or pleads guilty to a	6737
felony also is convicted of or pleads guilty to a specification of	6738
the type described in section 2941.141, 2941.144, or 2941.145 of	6739
the Revised Code, the court shall impose on the offender one of	6740
the following prison terms:	6741

(i) A prison term of six years if the specification is of the	6742
type described in section 2941.144 of the Revised Code that	6743
charges the offender with having a firearm that is an automatic	6744
firearm or that was equipped with a firearm muffler or silencer on	6745
or about the offender's person or under the offender's control	6746
while committing the felony;	6747

(ii) A prison term of three years if the specification is of	6748
the type described in section 2941.145 of the Revised Code that	6749
charges the offender with having a firearm on or about the	6750
offender's person or under the offender's control while committing	6751
the offense and displaying the firearm, brandishing the firearm,	6752
indicating that the offender possessed the firearm, or using it to	6753
facilitate the offense;	6754

(iii) A prison term of one year if the specification is of	6755
the type described in section 2941.141 of the Revised Code that	6756
charges the offender with having a firearm on or about the	6757
offender's person or under the offender's control while committing	6758
the felony.	6759

(b) If a court imposes a prison term on an offender under	6760
division (D)(1)(a) of this section, subject to division (K) of	6761
section 2967.19 of the Revised Code, the prison term shall not be	6762
reduced pursuant to section 2967.19, section 2929.20, section	6763
2967.193, or any other provision of Chapter 2967. or Chapter	6764
5120. of the Revised Code. Except as provided in division	6765
(D)(1)(g) of this section, a court shall not impose more than	6766
one prison term on an offender under division (D)(1)(a) of this	6767
section for felonies committed as part of the same act or	6768
transaction.	6769

(c) Except as provided in division (D)(1)(e) of this section,	6770
if an offender who is convicted of or pleads guilty to a violation	6771
of section 2923.161 of the Revised Code or to a felony that	6772
includes, as an essential element, purposely or knowingly causing	6773
or attempting to cause the death of or physical harm to another,	6774
also is convicted of or pleads guilty to a specification of the	6775
type described in section 2941.146 of the Revised Code that	6776
charges the offender with committing the offense by discharging a	6777
firearm from a motor vehicle other than a manufactured home, the	6778
court, after imposing a prison term on the offender for the	6779
violation of section 2923.161 of the Revised Code or for the other	6780
felony offense under division (A), (D)(2), or (D)(3) of this	6781
section, shall impose an additional prison term of five years upon	6782
the offender that,subject to division (K) of section 2967.19 of	6783
the Revised Code, shall not be reduced pursuant to section	6784
2929.20, section 2967.19, section 2967.193, or any other provision	6785
of Chapter 2967. or Chapter 5120. of the Revised Code. A court	6786
shall not impose more than one additional prison term on an	6787
offender under division (D)(1)(c) of this section for felonies	6788
committed as part of the same act or transaction. If a court	6789
imposes an additional prison term on an offender under division	6790
(D)(1)(c) of this section relative to an offense, the court also	6791
shall impose a prison term under division (D)(1)(a) of this	6792
section relative to the same offense, provided the criteria	6793
specified in that division for imposing an additional prison term	6794
are satisfied relative to the offender and the offense.	6795

(d) If an offender who is convicted of or pleads guilty to	6796
an offense of violence that is a felony also is convicted of or	6797
pleads guilty to a specification of the type described in section	6798
2941.1411 of the Revised Code that charges the offender with	6799
wearing or carrying body armor while committing the felony offense	6800
of violence, the court shall impose on the offender a prison term	6801
of two years. The prison term so imposed, subject to division (K)	6802
of section 2967.19 of the Revised Code, shall not be reduced	6803
pursuant to section 2929.20, section 2967.19, section 2967.193, or	6804
any other provision of Chapter 2967. or Chapter 5120. of the	6805
Revised Code. A court shall not impose more than one prison term	6806
on an offender under division (D)(1)(d) of this section for	6807
felonies committed as part of the same act or transaction. If a	6808
court imposes an additional prison term under division (D)(1)(a)	6809
or (c) of this section, the court is not precluded from imposing	6810
an additional prison term under division (D)(1)(d) of this	6811
section.	6812

(e) The court shall not impose any of the prison terms	6813
described in division (D)(1)(a) of this section or any of the	6814
additional prison terms described in division (D)(1)(c) of this	6815
section upon an offender for a violation of section 2923.12 or	6816
2923.123 of the Revised Code. The court shall not impose any of	6817
the prison terms described in division (D)(1)(a) or (b) of this	6818
section upon an offender for a violation of section 2923.122 that	6819
involves a deadly weapon that is a firearm other than a dangerous	6820
ordnance, section 2923.16, or section 2923.121 of the Revised	6821
Code. The court shall not impose any of the prison terms described	6822
in division (D)(1)(a) of this section or any of the additional	6823
prison terms described in division (D)(1)(c) of this section upon	6824
an offender for a violation of section 2923.13 of the Revised Code	6825
unless all of the following apply:	6826

(i) The offender previously has been convicted of aggravated	6827
murder, murder, or any felony of the first or second degree.	6828

(ii) Less than five years have passed since the offender was	6829
released from prison or post-release control, whichever is later,	6830
for the prior offense.	6831

(f) If an offender is convicted of or pleads guilty to a	6832
felony that includes, as an essential element, causing or	6833
attempting to cause the death of or physical harm to another and	6834
also is convicted of or pleads guilty to a specification of the	6835
type described in section 2941.1412 of the Revised Code that	6836
charges the offender with committing the offense by discharging a	6837
firearm at a peace officer as defined in section 2935.01 of the	6838
Revised Code or a corrections officer, as defined in section	6839
2941.1412 of the Revised Code, the court, after imposing a prison	6840
term on the offender for the felony offense under division (A),	6841
(D)(2), or (D)(3) of this section, shall impose an additional	6842
prison term of seven years upon the offender that, subject to	6843
division (K) of section 2967.28 of the Revised Code, shall not be	6844
reduced pursuant to section 2929.20, section 2967.19, section	6845
2967.193, or any other provision of Chapter 2967. or Chapter	6846
5120. of the Revised Code. If an offender is convicted of or	6847
pleads guilty to two or more felonies that include, as an	6848
essential element, causing or attempting to cause the death or	6849
physical harm to another and also is convicted of or pleads	6850
guilty to a specification of the type described under division	6851
(D)(1)(f) of this section in connection with two or more of the	6852
felonies of which the offender is convicted or to which the	6853
offender pleads guilty, the sentencing court shall impose on the	6854
offender the prison term specified under division (D)(1)(f) of	6855
this section for each of two of the specifications of which the	6856
offender is convicted or to which the offender pleads guilty	6857
and, in its discretion, also may impose on the offender the	6858
prison term specified under that division for any or all of the	6859
remaining specifications. If a court imposes an additional	6860
prison term on an offender under division (D)(1)(f) of this	6861
section relative to an offense, the court shall not impose a	6862
prison term under division (D)(1)(a) or (c) of this section	6863
relative to the same offense.	6864

(g) If an offender is convicted of or pleads guilty to two	6865
or more felonies, if one or more of those felonies is aggravated	6866
murder, murder, attempted aggravated murder, attempted murder,	6867
aggravated robbery, felonious assault, or rape, and if the	6868
offender is convicted of or pleads guilty to a specification of	6869
the type described under division (D)(1)(a) of this section in	6870
connection with two or more of the felonies, the sentencing court	6871
shall impose on the offender the prison term specified under	6872
division (D)(1)(a) of this section for each of the two most	6873
serious specifications of which the offender is convicted or to	6874
which the offender pleads guilty and, in its discretion, also may	6875
impose on the offender the prison term specified under that	6876
division for any or all of the remaining specifications.	6877

(2)(a) If division (D)(2)(b) of this section does not apply,	6878
the court may impose on an offender, in addition to the longest	6879
prison term authorized or required for the offense, an additional	6880
definite prison term of one, two, three, four, five, six, seven,	6881
eight, nine, or ten years if all of the following criteria are	6882
met:	6883

(i) The offender is convicted of or pleads guilty to a	6884
specification of the type described in section 2941.149 of the	6885
Revised Code that the offender is a repeat violent offender.	6886

(ii) The offense of which the offender currently is convicted	6887
or to which the offender currently pleads guilty is aggravated	6888
murder and the court does not impose a sentence of death or life	6889
imprisonment without parole, murder, terrorism and the court does	6890
not impose a sentence of life imprisonment without parole, any	6891
felony of the first degree that is an offense of violence and the	6892
court does not impose a sentence of life imprisonment without	6893
parole, or any felony of the second degree that is an offense of	6894
violence and the trier of fact finds that the offense involved an	6895
attempt to cause or a threat to cause serious physical harm to a	6896
person or resulted in serious physical harm to a person.	6897

(iii) The court imposes the longest prison term for the	6898
offense that is not life imprisonment without parole.	6899

(iv) The court finds that the prison terms imposed pursuant	6900
to division (D)(2)(a)(iii) of this section and, if applicable,	6901
division (D)(1) or (3) of this section are inadequate to punish	6902
the offender and protect the public from future crime, because the	6903
applicable factors under section 2929.12 of the Revised Code	6904
indicating a greater likelihood of recidivism outweigh the	6905
applicable factors under that section indicating a lesser	6906
likelihood of recidivism.	6907

(v) The court finds that the prison terms imposed pursuant	6908
to division (D)(2)(a)(iii) of this section and, if applicable,	6909
division (D)(1) or (3) of this section are demeaning to the	6910
seriousness of the offense, because one or more of the factors	6911
under section 2929.12 of the Revised Code indicating that the	6912
offender's conduct is more serious than conduct normally	6913
constituting the offense are present, and they outweigh the	6914
applicable factors under that section indicating that the	6915
offender's conduct is less serious than conduct normally	6916
constituting the offense.	6917

(b) The court shall impose on an offender the longest prison	6918
term authorized or required for the offense and shall impose on	6919
the offender an additional definite prison term of one, two,	6920
three, four, five, six, seven, eight, nine, or ten years if all of	6921
the following criteria are met:	6922

(i) The offender is convicted of or pleads guilty to a	6923
specification of the type described in section 2941.149 of the	6924
Revised Code that the offender is a repeat violent offender.	6925

(ii) The offender within the preceding twenty years has been	6926
convicted of or pleaded guilty to three or more offenses described	6927
in division (CC)(1) of section 2929.01 of the Revised Code,	6928
including all offenses described in that division of which the	6929
offender is convicted or to which the offender pleads guilty in	6930
the current prosecution and all offenses described in that	6931
division of which the offender previously has been convicted or to	6932
which the offender previously pleaded guilty, whether prosecuted	6933
together or separately.	6934

(iii) The offense or offenses of which the offender currently	6935
is convicted or to which the offender currently pleads guilty is	6936
aggravated murder and the court does not impose a sentence of	6937
death or life imprisonment without parole, murder, terrorism and	6938
the court does not impose a sentence of life imprisonment without	6939
parole, any felony of the first degree that is an offense of	6940
violence and the court does not impose a sentence of life	6941
imprisonment without parole, or any felony of the second degree	6942
that is an offense of violence and the trier of fact finds that	6943
the offense involved an attempt to cause or a threat to cause	6944
serious physical harm to a person or resulted in serious physical	6945
harm to a person.	6946

(c) For purposes of division (D)(2)(b) of this section, two	6947
or more offenses committed at the same time or as part of the same	6948
act or event shall be considered one offense, and that one offense	6949
shall be the offense with the greatest penalty.	6950

(d) A sentence imposed under division (D)(2)(a) or (b) of	6951
this section, subject to division (K) of section 2967.19 of the	6952
Revised Code, shall not be reduced pursuant to section 2929.20,	6953
section 2967.19, or section 2967.193, or any other provision of	6954
Chapter 2967. or Chapter 5120. of the Revised Code. The offender	6955
shall serve an additional prison term imposed under this section	6956
consecutively to and prior to the prison term imposed for the	6957
underlying offense.	6958

(e) When imposing a sentence pursuant to division (D)(2)(a)	6959
or (b) of this section, the court shall state its findings	6960
explaining the imposed sentence.	6961

(3)(a) Except when an offender commits a violation of section	6962
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	6963
the violation is life imprisonment or commits a violation of	6964
section 2903.02 of the Revised Code, if the offender commits a	6965
violation of section 2925.03 or 2925.11 of the Revised Code and	6966
that section classifies the offender as a major drug offender and	6967
requires the imposition of a ten-year prison term on the offender,	6968
if the offender commits a felony violation of section 2925.02,	6969
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	6970
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	6971
division (C) of section 4729.51, or division (J) of section	6972
4729.54 of the Revised Code that includes the sale, offer to sell,	6973
or possession of a schedule I or II controlled substance, with the	6974
exception of marihuana, and the court imposing sentence upon the	6975
offender finds that the offender is guilty of a specification of	6976
the type described in section 2941.1410 of the Revised Code	6977
charging that the offender is a major drug offender, if the court	6978
imposing sentence upon an offender for a felony finds that the	6979
offender is guilty of corrupt activity with the most serious	6980
offense in the pattern of corrupt activity being a felony of the	6981
first degree, or if the offender is guilty of an attempted	6982
violation of section 2907.02 of the Revised Code and, had the	6983
offender completed the violation of section 2907.02 of the Revised	6984
Code that was attempted, the offender would have been subject to a	6985
sentence of life imprisonment or life imprisonment without parole	6986
for the violation of section 2907.02 of the Revised Code, the	6987
court shall impose upon the offender for the felony violation a	6988
ten-year prison term that, subject to division (K) of section	6989
2967.19 of the Revised Code, cannot be reduced pursuant to section	6990
2929.20, section 2967.19, or any other provision of Chapter 2967.	6991
or 5120. of the Revised Code.	6992

(b) The court imposing a prison term on an offender under	6993
division (D)(3)(a) of this section may impose an additional prison	6994
term of one, two, three, four, five, six, seven, eight, nine, or	6995
ten years, if the court, with respect to the term imposed under	6996
division (D)(3)(a) of this section and, if applicable, divisions	6997
(D)(1) and (2) of this section, makes both of the findings set	6998
forth in divisions (D)(2)(a)(iv) and (v) of this section.	6999

(4) If the offender is being sentenced for a third or fourth	7000
degree felony OVI offense under division (G)(2) of section 2929.13	7001
of the Revised Code, the sentencing court shall impose upon the	7002
offender a mandatory prison term in accordance with that division.	7003
In addition to the mandatory prison term, if the offender is being	7004
sentenced for a fourth degree felony OVI offense, the court,	7005
notwithstanding division (A)(4) of this section, may sentence the	7006
offender to a definite prison term of not less than six months and	7007
not more than thirty months, and if the offender is being	7008
sentenced for a third degree felony OVI offense, the sentencing	7009
court may sentence the offender to an additional prison term of	7010
any duration specified in division (A)(3) of this section. In	7011
either case, the additional prison term imposed shall be reduced	7012
by the sixty or one hundred twenty days imposed upon the offender	7013
as the mandatory prison term. The total of the additional prison	7014
term imposed under division (D)(4) of this section plus the sixty	7015
or one hundred twenty days imposed as the mandatory prison term	7016
shall equal a definite term in the range of six months to thirty	7017
months for a fourth degree felony OVI offense and shall equal one	7018
of the authorized prison terms specified in division (A)(3) of	7019
this section for a third degree felony OVI offense. If the court	7020
imposes an additional prison term under division (D)(4) of this	7021
section, the offender shall serve the additional prison term after	7022
the offender has served the mandatory prison term required for the	7023
offense. In addition to the mandatory prison term or mandatory and	7024
additional prison term imposed as described in division (D)(4) of	7025
this section, the court also may sentence the offender to a	7026
community control sanction under section 2929.16 or 2929.17 of the	7027
Revised Code, but the offender shall serve all of the prison terms	7028
so imposed prior to serving the community control sanction.	7029

If the offender is being sentenced for a fourth degree felony	7030
OVI offense under division (G)(1) of section 2929.13 of the	7031
Revised Code and the court imposes a mandatory term of local	7032
incarceration, the court may impose a prison term as described in	7033
division (A)(1) of that section.	7034

(5) If an offender is convicted of or pleads guilty to a	7035
violation of division (A)(1) or (2) of section 2903.06 of the	7036
Revised Code and also is convicted of or pleads guilty to a	7037
specification of the type described in section 2941.1414 of the	7038
Revised Code that charges that the victim of the offense is a	7039
peace officer, as defined in section 2935.01 of the Revised Code,	7040
or an investigator of the bureau of criminal identification and	7041
investigation, as defined in section 2903.11 of the Revised Code,	7042
the court shall impose on the offender a prison term of five	7043
years. If a court imposes a prison term on an offender under	7044
division (D)(5) of this section, the prison term, subject to	7045
division (K) of section 2967.19 of the Revised Code, shall not be	7046
reduced pursuant to section 2929.20, section 2967.19, section	7047
2967.193, or any other provision of Chapter 2967. or Chapter	7048
5120. of the Revised Code. A court shall not impose more than one	7049
prison term on an offender under division (D)(5) of this section	7050
for felonies committed as part of the same act.	7051

(6) If an offender is convicted of or pleads guilty to a	7052
violation of division (A)(1) or (2) of section 2903.06 of the	7053
Revised Code and also is convicted of or pleads guilty to a	7054
specification of the type described in section 2941.1415 of the	7055
Revised Code that charges that the offender previously has been	7056
convicted of or pleaded guilty to three or more violations of	7057
division (A) or (B) of section 4511.19 of the Revised Code or an	7058
equivalent offense, as defined in section 2941.1415 of the Revised	7059
Code, or three or more violations of any combination of those	7060
divisions and offenses, the court shall impose on the offender a	7061
prison term of three years. If a court imposes a prison term on an	7062
offender under division (D)(6) of this section, the prison term,	7063
subject to division (K) of section 2967.19 of the Revised Code,	7064
shall not be reduced pursuant to section 2929.20, section 2967.19,	7065
section 2967.193, or any other provision of Chapter 2967. or	7066
Chapter 5120. of the Revised Code. A court shall not impose more	7067
than one prison term on an offender under division (D)(6) of	7068
this section for felonies committed as part of the same act.	7069

(7)(a) If an offender is convicted of or pleads guilty to a	7070
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22,	7071
or 2923.32, division (A)(1) or (2) of section 2907.323, or	7072
division (B)(1), (2), (3), (4), or (5) of section 2919.22 of the	7073
Revised Code and also is convicted of or pleads guilty to a	7074
specification of the type described in section 2941.1422 of the	7075
Revised Code that charges that the offender knowingly committed	7076
the offense in furtherance of human trafficking, the court shall	7077
impose on the offender a mandatory prison term that is one of	7078
the following:	7079

(i) If the offense is a felony of the first degree, a	7080
definite prison term of not less than five years and not greater	7081
than ten years;	7082

(ii) If the offense is a felony of the second or third	7083
degree, a definite prison term of not less than three years and	7084
not greater than the maximum prison term allowed for the offense	7085
by division (A) of section 2929.14 of the Revised Code;	7086

(iii) If the offense is a felony of the fourth or fifth	7087
degree, a definite prison term that is the maximum prison term	7088
allowed for the offense by division (A) of section 2929.14 of the	7089
Revised Code.	7090

(b) ~~The~~Subject to division (K) of section 2967.19 of the	7091
Revised Code, the prison term imposed under division (D)(7)(a) of	7092
this section shall not be reduced pursuant to section 2929.20,	7093
section 2967.19, section 2967.193, or any other provision of	7094
Chapter 2967. of the Revised Code. A court shall not impose	7095
more than one prison term on an offender under division	7096
(D)(7)(a) of this section for felonies committed as part of the	7097
same act, scheme, or plan.	7098

(8) If an offender is convicted of or pleads guilty to a	7099
felony violation of section 2903.11, 2903.12, or 2903.13 of the	7100
Revised Code and also is convicted of or pleads guilty to a	7101
specification of the type described in section 2941.1423 of the	7102
Revised Code that charges that the victim of the violation was a	7103
woman whom the offender knew was pregnant at the time of the	7104
violation, notwithstanding the range of prison terms prescribed in	7105
division (A) of this section for felonies of the same degree as	7106
the violation, the court shall impose on the offender a mandatory	7107
prison term that is either a definite prison term of six months	7108
or one of the prison terms prescribed in section 2929.14 of the	7109
Revised Code for felonies of the same degree as the violation.	7110

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	7111
mandatory prison term is imposed upon an offender pursuant to	7112
division (D)(1)(a) of this section for having a firearm on or	7113
about the offender's person or under the offender's control while	7114
committing a felony, if a mandatory prison term is imposed upon an	7115
offender pursuant to division (D)(1)(c) of this section for	7116
committing a felony specified in that division by discharging a	7117
firearm from a motor vehicle, or if both types of mandatory prison	7118
terms are imposed, the offender shall serve any mandatory prison	7119
term imposed under either division consecutively to any other	7120
mandatory prison term imposed under either division or under	7121
division (D)(1)(d) of this section, consecutively to and prior to	7122
any prison term imposed for the underlying felony pursuant to	7123
division (A), (D)(2), or (D)(3) of this section or any other	7124
section of the Revised Code, and consecutively to any other prison	7125
term or mandatory prison term previously or subsequently imposed	7126
upon the offender.	7127

(b) If a mandatory prison term is imposed upon an offender	7128
pursuant to division (D)(1)(d) of this section for wearing or	7129
carrying body armor while committing an offense of violence that	7130
is a felony, the offender shall serve the mandatory term so	7131
imposed consecutively to any other mandatory prison term imposed	7132
under that division or under division (D)(1)(a) or (c) of this	7133
section, consecutively to and prior to any prison term imposed for	7134
the underlying felony under division (A), (D)(2), or (D)(3) of	7135
this section or any other section of the Revised Code, and	7136
consecutively to any other prison term or mandatory prison term	7137
previously or subsequently imposed upon the offender.	7138

(c) If a mandatory prison term is imposed upon an offender	7139
pursuant to division (D)(1)(f) of this section, the offender shall	7140
serve the mandatory prison term so imposed consecutively to and	7141
prior to any prison term imposed for the underlying felony under	7142
division (A), (D)(2), or (D)(3) of this section or any other	7143
section of the Revised Code, and consecutively to any other prison	7144
term or mandatory prison term previously or subsequently imposed	7145
upon the offender.	7146

(d) If a mandatory prison term is imposed upon an offender	7147
pursuant to division (D)(7) or (8) of this section, the offender	7148
shall serve the mandatory prison term so imposed consecutively to	7149
any other mandatory prison term imposed under that division or	7150
under any other provision of law and consecutively to any other	7151
prison term or mandatory prison term previously or subsequently	7152
imposed upon the offender.	7153

(2) If an offender who is an inmate in a jail, prison, or	7154
other residential detention facility violates section 2917.02,	7155
2917.03, ~~2921.34,~~ or 2921.35 of the Revised Code or division	7156
(A)(1) or (2) of section 2921.34 of the Revised Code, if an	7157
offender who is under detention at a detention facility commits a	7158
felony violation of section 2923.131 of the Revised Code, or if an	7159
offender who is an inmate in a jail, prison, or other residential	7160
detention facility or is under detention at a detention facility	7161
commits another felony while the offender is an escapee in	7162
violation of division (A)(1) or (2) of section 2921.34 of the	7163
Revised Code, any prison term imposed upon the offender for one of	7164
those violations shall be served by the offender consecutively to	7165
the prison term or term of imprisonment the offender was serving	7166
when the offender committed that offense and to any other prison	7167
term previously or subsequently imposed upon the offender.	7168

(3) If a prison term is imposed for a violation of division	7169
(B) of section 2911.01 of the Revised Code, a violation of	7170
division (A) of section 2913.02 of the Revised Code in which the	7171
stolen property is a firearm or dangerous ordnance, or a felony	7172
violation of division (B) of section 2921.331 of the Revised Code,	7173
the offender shall serve that prison term consecutively to any	7174
other prison term or mandatory prison term previously or	7175
subsequently imposed upon the offender.	7176

(4) If multiple prison terms are imposed on an offender for	7177
convictions of multiple offenses, the court may require the	7178
offender to serve the prison terms consecutively if the court	7179
finds that the consecutive service is necessary to protect the	7180
public from future crime or to punish the offender and that	7181
consecutive sentences are not disproportionate to the seriousness	7182
of the offender's conduct and to the danger the offender poses to	7183
the public, and if the court also finds any of the following:	7184

(a) The offender committed one or more of the multiple	7185
offenses while the offender was awaiting trial or sentencing, was	7186
under a sanction imposed pursuant to section 2929.16, 2929.17, or	7187
2929.18 of the Revised Code, or was under post-release control for	7188
a prior offense.	7189

(b) At least two of the multiple offenses were committed as	7190
part of one or more courses of conduct, and the harm caused by two	7191
or more of the multiple offenses so committed was so great or	7192
unusual that no single prison term for any of the offenses	7193
committed as part of any of the courses of conduct adequately	7194
reflects the seriousness of the offender's conduct.	7195

(c) The offender's history of criminal conduct demonstrates	7196
that consecutive sentences are necessary to protect the public	7197
from future crime by the offender.	7198

(5) If a mandatory prison term is imposed upon an offender	7199
pursuant to division (D)(5) or (6) of this section, the offender	7200
shall serve the mandatory prison term consecutively to and prior	7201
to any prison term imposed for the underlying violation of	7202
division (A)(1) or (2) of section 2903.06 of the Revised Code	7203
pursuant to division (A) of this section or section 2929.142 of	7204
the Revised Code. If a mandatory prison term is imposed upon an	7205
offender pursuant to division (D)(5) of this section, and if a	7206
mandatory prison term also is imposed upon the offender pursuant	7207
to division (D)(6) of this section in relation to the same	7208
violation, the offender shall serve the mandatory prison term	7209
imposed pursuant to division (D)(5) of this section consecutively	7210
to and prior to the mandatory prison term imposed pursuant to	7211
division (D)(6) of this section and consecutively to and prior to	7212
any prison term imposed for the underlying violation of division	7213
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	7214
division (A) of this section or section 2929.142 of the Revised	7215
Code.	7216

(6) When consecutive prison terms are imposed pursuant to	7217
division (E)(1), (2), (3), (4), or (5) or division (J)(1) or (2)	7218
of this section, the term to be served is the aggregate of all of	7219
the terms so imposed.	7220

(F)(1) If a court imposes a prison term for a felony of the	7221
first degree, for a felony of the second degree, for a felony sex	7222
offense, or for a felony of the third degree that is not a felony	7223
sex offense and in the commission of which the offender caused or	7224
threatened to cause physical harm to a person, it shall include in	7225
the sentence a requirement that the offender be subject to a	7226
period of post-release control after the offender's release from	7227
imprisonment, in accordance with that division. If a court imposes	7228
a sentence including a prison term of a type described in this	7229
division on or after July 11, 2006, the failure of a court to	7230
include a post-release control requirement in the sentence	7231
pursuant to this division does not negate, limit, or otherwise	7232
affect the mandatory period of post-release control that is	7233
required for the offender under division (B) of section 2967.28 of	7234
the Revised Code. Section 2929.191 of the Revised Code applies if,	7235
prior to July 11, 2006, a court imposed a sentence including a	7236
prison term of a type described in this division and failed to	7237
include in the sentence pursuant to this division a statement	7238
regarding post-release control.	7239

(2) If a court imposes a prison term for a felony of the	7240
third, fourth, or fifth degree that is not subject to division	7241
(F)(1) of this section, it shall include in the sentence a	7242
requirement that the offender be subject to a period of	7243
post-release control after the offender's release from	7244
imprisonment, in accordance with that division, if the parole	7245
board determines that a period of post-release control is	7246
necessary. Section 2929.191 of the Revised Code applies if, prior	7247
to July 11, 2006, a court imposed a sentence including a prison	7248
term of a type described in this division and failed to include in	7249
the sentence pursuant to this division a statement regarding	7250
post-release control.	7251

(G) The court shall impose sentence upon the offender in	7252
accordance with section 2971.03 of the Revised Code, and Chapter	7253
2971. of the Revised Code applies regarding the prison term or	7254
term of life imprisonment without parole imposed upon the offender	7255
and the service of that term of imprisonment if any of the	7256
following apply:	7257

(1) A person is convicted of or pleads guilty to a violent	7258
sex offense or a designated homicide, assault, or kidnapping	7259
offense, and, in relation to that offense, the offender is	7260
adjudicated a sexually violent predator.	7261

(2) A person is convicted of or pleads guilty to a violation	7262
of division (A)(1)(b) of section 2907.02 of the Revised Code	7263
committed on or after January 2, 2007, and either the court does	7264
not impose a sentence of life without parole when authorized	7265
pursuant to division (B) of section 2907.02 of the Revised Code,	7266
or division (B) of section 2907.02 of the Revised Code provides	7267
that the court shall not sentence the offender pursuant to	7268
section 2971.03 of the Revised Code.	7269

(3) A person is convicted of or pleads guilty to attempted	7270
rape committed on or after January 2, 2007, and a specification	7271
of the type described in section 2941.1418, 2941.1419, or	7272
2941.1420 of the Revised Code.	7273

(4) A person is convicted of or pleads guilty to a violation	7274
of section 2905.01 of the Revised Code committed on or after	7275
January 1, 2008, and that section requires the court to sentence	7276
the offender pursuant to section 2971.03 of the Revised Code.	7277

(5) A person is convicted of or pleads guilty to aggravated	7278
murder committed on or after January 1, 2008, and division	7279
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),	7280
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or	7281
(E)(1)(d) of section 2929.03, or division (A) or (B) of section	7282
2929.06 of the Revised Code requires the court to sentence the	7283
offender pursuant to division (B)(3) of section 2971.03 of the	7284
Revised Code.	7285

(6) A person is convicted of or pleads guilty to murder	7286
committed on or after January 1, 2008, and division (B)(2) of	7287
section 2929.02 of the Revised Code requires the court to	7288
sentence the offender pursuant to section 2971.03 of the Revised	7289
Code.	7290

(H) If a person who has been convicted of or pleaded guilty	7291
to a felony is sentenced to a prison term or term of imprisonment	7292
under this section, sections 2929.02 to 2929.06 of the Revised	7293
Code, section 2929.142 of the Revised Code, section 2971.03 of the	7294
Revised Code, or any other provision of law, section 5120.163 of	7295
the Revised Code applies regarding the person while the person is	7296
confined in a state correctional institution.	7297

(I) If an offender who is convicted of or pleads guilty to a	7298
felony that is an offense of violence also is convicted of or	7299
pleads guilty to a specification of the type described in section	7300
2941.142 of the Revised Code that charges the offender with having	7301
committed the felony while participating in a criminal gang, the	7302
court shall impose upon the offender an additional prison term of	7303
one, two, or three years.	7304

(J)(1) If an offender who is convicted of or pleads guilty to	7305
aggravated murder, murder, or a felony of the first, second, or	7306
third degree that is an offense of violence also is convicted of	7307
or pleads guilty to a specification of the type described in	7308
section 2941.143 of the Revised Code that charges the offender	7309
with having committed the offense in a school safety zone or	7310
towards a person in a school safety zone, the court shall impose	7311
upon the offender an additional prison term of two years. The	7312
offender shall serve the additional two years consecutively to and	7313
prior to the prison term imposed for the underlying offense.	7314

(2)(a) If an offender is convicted of or pleads guilty to a	7315
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	7316
of the Revised Code and to a specification of the type described	7317
in section 2941.1421 of the Revised Code and if the court imposes	7318
a prison term on the offender for the felony violation, the court	7319
may impose upon the offender an additional prison term as follows:	7320

(i) Subject to division (J)(2)(a)(ii) of this section, an	7321
additional prison term of one, two, three, four, five, or six	7322
months;	7323

(ii) If the offender previously has been convicted of or	7324
pleaded guilty to one or more felony or misdemeanor violations of	7325
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	7326
Revised Code and also was convicted of or pleaded guilty to a	7327
specification of the type described in section 2941.1421 of the	7328
Revised Code regarding one or more of those violations, an	7329
additional prison term of one, two, three, four, five, six, seven,	7330
eight, nine, ten, eleven, or twelve months.	7331

(b) In lieu of imposing an additional prison term under	7332
division (J)(2)(a) of this section, the court may directly impose	7333
on the offender a sanction that requires the offender to wear a	7334
real-time processing, continual tracking electronic monitoring	7335
device during the period of time specified by the court. The	7336
period of time specified by the court shall equal the duration of	7337
an additional prison term that the court could have imposed upon	7338
the offender under division (J)(2)(a) of this section. A sanction	7339
imposed under this division shall commence on the date specified	7340
by the court, provided that the sanction shall not commence until	7341
after the offender has served the prison term imposed for the	7342
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	7343
of the Revised Code and any residential sanction imposed for the	7344
violation under section 2929.16 of the Revised Code. A sanction	7345
imposed under this division shall be considered to be a community	7346
control sanction for purposes of section 2929.15 of the Revised	7347
Code, and all provisions of the Revised Code that pertain to	7348
community control sanctions shall apply to a sanction imposed	7349
under this division, except to the extent that they would by their	7350
nature be clearly inapplicable. The offender shall pay all costs	7351
associated with a sanction imposed under this division, including	7352
the cost of the use of the monitoring device.	7353

(K) At the time of sentencing, the court may recommend the	7354
offender for placement in a program of shock incarceration under	7355
section 5120.031 of the Revised Code or for placement in an	7356
intensive program prison under section 5120.032 of the Revised	7357
Code, disapprove placement of the offender in a program of shock	7358
incarceration or an intensive program prison of that nature, or	7359
make no recommendation on placement of the offender. In no case	7360
shall the department of rehabilitation and correction place the	7361
offender in a program or prison of that nature unless the	7362
department determines as specified in section 5120.031 or 5120.032	7363
of the Revised Code, whichever is applicable, that the offender is	7364
eligible for the placement.	7365

If the court disapproves placement of the offender in a	7366
program or prison of that nature, the department of rehabilitation	7367
and correction shall not place the offender in any program of	7368
shock incarceration or intensive program prison.	7369

If the court recommends placement of the offender in a	7370
program of shock incarceration or in an intensive program prison,	7371
and if the offender is subsequently placed in the recommended	7372
program or prison, the department shall notify the court of the	7373
placement and shall include with the notice a brief description of	7374
the placement.	7375

If the court recommends placement of the offender in a	7376
program of shock incarceration or in an intensive program prison	7377
and the department does not subsequently place the offender in the	7378
recommended program or prison, the department shall send a notice	7379
to the court indicating why the offender was not placed in the	7380
recommended program or prison.	7381

If the court does not make a recommendation under this	7382
division with respect to an offender and if the department	7383
determines as specified in section 5120.031 or 5120.032 of the	7384
Revised Code, whichever is applicable, that the offender is	7385
eligible for placement in a program or prison of that nature, the	7386
department shall screen the offender and determine if there is an	7387
available program of shock incarceration or an intensive program	7388
prison for which the offender is suited. If there is an available	7389
program of shock incarceration or an intensive program prison for	7390
which the offender is suited, the department shall notify the	7391
court of the proposed placement of the offender as specified in	7392
section 5120.031 or 5120.032 of the Revised Code and shall include	7393
with the notice a brief description of the placement. The court	7394
shall have ten days from receipt of the notice to disapprove the	7395
placement.	7396

(L) If a person is convicted of or pleads guilty to	7397
aggravated vehicular homicide in violation of division (A)(1) of	7398
section 2903.06 of the Revised Code and division (B)(2)(c) of that	7399
section applies, the person shall be sentenced pursuant to section	7400
2929.142 of the Revised Code.	7401

Sec. 2929.20. (A) As used in this section:

7402

(1)(a) Except as provided in division (A)(1)(b) of this	7403
section, "eligible offender" means any person who, on or after	7404
April 7, 2009, is serving a stated prison term ofthat includes	7405
one or more nonmandatory prison terms that in the aggregate are	7406
ten years or less ~~when either of the following applies:~~	7407

~~(i) The stated prison term does not include a mandatory~~	7408
~~prison term.~~	7409

~~(ii) The stated prison term includes a mandatory prison~~	7410
~~term, and the person has served the mandatory prison term~~.	7411

(b) "Eligible offender" does not include any person who, on	7412
or after April 7, 2009, is serving a stated prison term for any	7413
of the following criminal offenses that was a felony and was	7414
committed while the person held a public office in this state:	7415

(i) A violation of section 2921.02, 2921.03, 2921.05,	7416
2921.31, 2921.32, 2921.41, 2921.42, or 2923.32 of the Revised	7417
Code;	7418

(ii) A violation of section 2913.42, 2921.04, 2921.11, or	7419
2921.12 of the Revised Code, when the conduct constituting the	7420
violation was related to the duties of the offender's public	7421
office or to the offender's actions as a public official holding	7422
that public office;	7423

(iii) A violation of an existing or former municipal	7424
ordinance or law of this or any other state or the United States	7425
that is substantially equivalent to any violation listed in	7426
division (A)(1)(b)(i) of this section;	7427

(iv) A violation of an existing or former municipal ordinance	7428
or law of this or any other state or the United States that is	7429
substantially equivalent to any violation listed in division	7430
(A)(1)(b)(ii) of this section, when the conduct constituting the	7431
violation was related to the duties of the offender's public	7432
office or to the offender's actions as a public official holding	7433
that public office;	7434

(v) A conspiracy to commit, attempt to commit, or complicity	7435
in committing any offense listed in division (A)(1)(b)(i) or	7436
described in division (A)(1)(b)(iii) of this section;	7437

(vi) A conspiracy to commit, attempt to commit, or complicity	7438
in committing any offense listed in division (A)(1)(b)(ii) or	7439
described in division (A)(1)(b)(iv) of this section, if the	7440
conduct constituting the offense that was the subject of the	7441
conspiracy, that would have constituted the offense attempted, or	7442
constituting the offense in which the offender was complicit was	7443
or would have been related to the duties of the offender's public	7444
office or to the offender's actions as a public official holding	7445
that public office.	7446

(2) "Nonmandatory prison term" means a prison term that is	7447
not a mandatory prison term.	7448

(3) "Public office" means any elected federal, state, or	7449
local government office in this state.	7450

(B) On the motion of an eligible offender or upon its own	7451
motion, the sentencing court may reduce the eligible offender's	7452
~~stated~~aggregated nonmandatory prison term or terms of ten years	7453
or less through a judicial release under this section.	7454

(C) An eligible offender may file a motion for judicial	7455
release with the sentencing court within the following applicable	7456
periods:	7457

(1) If the ~~stated~~aggregated nonmandatory prison term or	7458
terms is less than two years, the eligible offender may file the	7459
motion ~~not earlier than thirty days~~ after the offender is	7460
~~delivered to a state correctional institution or, if the prison~~	7461
~~term includes a mandatory prison term or terms, not earlier than~~	7462
has served thirty days ~~after the expiration of all mandatory~~	7463
~~prison terms~~of the aggregated nonmandatory prison term or terms.	7464

(2) If the ~~stated~~aggregated nonmandatory prison term or	7465
terms is at least two years but less than five years, the	7466
eligible offender may file the motion ~~not earlier than one~~	7467
~~hundred eighty days~~ after the offender ~~is delivered to a state~~	7468
~~correctional institution or, if the prison term includes a~~	7469
~~mandatory prison term or terms, not earlier than~~has served one	7470
hundred eighty days ~~after the expiration of all mandatory prison~~	7471
~~terms~~of the aggregated nonmandatory prison term or terms.	7472

(3) If the aggregated nonmandatory prison term or terms is	7473
five years, the eligible offender may file the motion after the	7474
eligible offender has served four years of the aggregated	7475
nonmandatory prison term or terms.	7476

(4) If the ~~stated~~aggregated nonmandatory prison term or	7477
terms is more than five years ~~or more~~ but not more than ten	7478
years, the eligible offender may file the motion ~~not earlier than~~	7479
~~five years~~ after the eligible offender ~~is delivered to a state~~	7480
~~correctional institution or, if the prison term includes a~~	7481
~~mandatory prison term or terms, not earlier than~~has served five	7482
years ~~after the expiration of all mandatory prison~~of the	7483
aggregated nonmandatory prison term or terms.	7484

(D) Upon receipt of a timely motion for judicial release	7485
filed by an eligible offender under division (C) of this section	7486
or upon the sentencing court's own motion made within the	7487
appropriate time specified in that division, the court may deny	7488
the motion without a hearing or schedule a hearing on the motion.	7489
The court shall not grant the motion without a hearing. If a court	7490
denies a motion without a hearing, the court later may consider	7491
judicial release for that eligible offender on a subsequent motion	7492
filed by that eligible offender unless the court denies the motion	7493
with prejudice. If a court denies a motion with prejudice, the	7494
court may later consider judicial release on its own motion. If a	7495
court denies a motion after a hearing, the court shall not	7496
consider a subsequent motion for that eligible offender. The court	7497
shall hold only one hearing for any eligible offender.	7498

A hearing under this section shall be conducted in open court	7499
within sixty days after the motion is filed, provided that the	7500
court may delay the hearing for one hundred eighty additional	7501
days. If the court holds a hearing, the court shall enter a ruling	7502
on the motion within ten days after the hearing. If the court	7503
denies the motion without a hearing, the court shall enter its	7504
ruling on the motion within sixty days after the motion is filed.	7505

(E) If a court schedules a hearing under division (D) of this	7506
section, the court shall notify the eligible offender and the head	7507
of the state correctional institution in which the eligible	7508
offender is confined prior to the hearing. The head of the state	7509
correctional institution immediately shall notify the appropriate	7510
person at the department of rehabilitation and correction of the	7511
hearing, and the department within twenty-four hours after	7512
receipt of the notice, shall post on the database it maintains	7513
pursuant to section 5120.66 of the Revised Code the offender's	7514
name and all of the information specified in division	7515
(A)(1)(c)(i) of that section. If the court schedules a hearing	7516
for judicial release, the court promptly shall give notice of the	7517
hearing to the prosecuting attorney of the county in which the	7518
eligible offender was indicted. Upon receipt of the notice from	7519
the court, the prosecuting attorney shall notify the victim of the	7520
offense or the victim's representative pursuant to section 2930.16	7521
of the Revised Code.	7522

(F) Upon an offender's successful completion of	7523
rehabilitative activities, the head of the state correctional	7524
institution may notify the sentencing court of the successful	7525
completion of the activities.	7526

(G) Prior to the date of the hearing on a motion for judicial	7527
release under this section, the head of the state correctional	7528
institution in which the eligible offender is confined shall send	7529
to the court a report on the eligible offender's conduct in the	7530
institution and in any institution from which the eligible	7531
offender may have been transferred. The report shall cover the	7532
eligible offender's participation in school, vocational training,	7533
work, treatment, and other rehabilitative activities and any	7534
disciplinary action taken against the eligible offender. The	7535
report shall be made part of the record of the hearing.	7536

(H) If the court grants a hearing on a motion for judicial	7537
release under this section, the eligible offender shall attend the	7538
hearing if ordered to do so by the court. Upon receipt of a copy	7539
of the journal entry containing the order, the head of the state	7540
correctional institution in which the eligible offender is	7541
incarcerated shall deliver the eligible offender to the sheriff of	7542
the county in which the hearing is to be held. The sheriff shall	7543
convey the eligible offender to and from the hearing.	7544

(I) At the hearing on a motion for judicial release under	7545
this section, the court shall afford the eligible offender and the	7546
eligible offender's attorney an opportunity to present written	7547
and, if present, oral information relevant to the motion. The	7548
court shall afford a similar opportunity to the prosecuting	7549
attorney, the victim or the victim's representative, as defined in	7550
section 2930.01 of the Revised Code, and any other person the	7551
court determines is likely to present additional relevant	7552
information. The court shall consider any statement of a victim	7553
made pursuant to section 2930.14 or 2930.17 of the Revised Code,	7554
any victim impact statement prepared pursuant to section 2947.051	7555
of the Revised Code, and any report made under division (G) of	7556
this section. The court may consider any written statement of any	7557
person submitted to the court pursuant to division (L) of this	7558
section. After ruling on the motion, the court shall notify the	7559
victim of the ruling in accordance with sections 2930.03 and	7560
2930.16 of the Revised Code.	7561

(J)(1) A court shall not grant a judicial release under this	7562
section to an eligible offender who is imprisoned for a felony of	7563
the first or second degree, or to an eligible offender who	7564
committed an offense under Chapter 2925. or 3719. of the Revised	7565
Code and for whom there was a presumption under section 2929.13 of	7566
the Revised Code in favor of a prison term, unless the court, with	7567
reference to factors under section 2929.12 of the Revised Code,	7568
finds both of the following:	7569

(a) That a sanction other than a prison term would adequately	7570
punish the offender and protect the public from future criminal	7571
violations by the eligible offender because the applicable factors	7572
indicating a lesser likelihood of recidivism outweigh the	7573
applicable factors indicating a greater likelihood of recidivism;	7574

(b) That a sanction other than a prison term would not demean	7575
the seriousness of the offense because factors indicating that the	7576
eligible offender's conduct in committing the offense was less	7577
serious than conduct normally constituting the offense outweigh	7578
factors indicating that the eligible offender's conduct was more	7579
serious than conduct normally constituting the offense.	7580

(2) A court that grants a judicial release to an eligible	7581
offender under division (J)(1) of this section shall specify on	7582
the record both findings required in that division and also shall	7583
list all the factors described in that division that were	7584
presented at the hearing.	7585

(K) If the court grants a motion for judicial release under	7586
this section, the court shall order the release of the eligible	7587
offender, shall place the eligible offender under an appropriate	7588
community control sanction, under appropriate conditions, and	7589
under the supervision of the department of probation serving the	7590
court and shall reserve the right to reimpose the sentence that it	7591
reduced if the offender violates the sanction. If the court	7592
reimposes the reduced sentence, it may do so either concurrently	7593
with, or consecutive to, any new sentence imposed upon the	7594
eligible offender as a result of the violation that is a new	7595
offense. The period of community control shall be no longer than	7596
five years. The court, in its discretion, may reduce the period	7597
of community control by the amount of time the eligible offender	7598
spent in jail or prison for the offense and in prison. If the	7599
court made any findings pursuant to division (J)(1) of this	7600
section, the court shall serve a copy of the findings upon counsel	7601
for the parties within fifteen days after the date on which the	7602
court grants the motion for judicial release.	7603

If the court grants a motion for judicial release, the court	7604
shall notify the appropriate person at the department of	7605
rehabilitation and correction, and the department shall post	7606
notice of the release on the database it maintains pursuant to	7607
section 5120.66 of the Revised Code.	7608

(L) In addition to and independent of the right of a victim	7609
to make a statement pursuant to section 2930.14, 2930.17, or	7610
2946.051 of the Revised Code and any right of a person to present	7611
written information or make a statement pursuant to division (I)	7612
of this section, any person may submit to the court, at any time	7613
prior to the hearing on the offender's motion for judicial	7614
release, a written statement concerning the effects of the	7615
offender's crime or crimes, the circumstances surrounding the	7616
crime or crimes, the manner in which the crime or crimes were	7617
perpetrated, and the person's opinion as to whether the offender	7618
should be released.	7619

(M) The changes to this section that are made on the	7620
effective date of this division apply to any judicial release	7621
decision made on or after the effective date of this division for	7622
any eligible offender.	7623

Sec. 2929.26. (A) Except when a mandatory jail term is	7624
required by law, the court imposing a sentence for a misdemeanor,	7625
other than a minor misdemeanor, may impose upon the offender any	7626
community residential sanction or combination of community	7627
residential sanctions under this section. Community residential	7628
sanctions include, but are not limited to, the following:	7629

(1) A term of up to one hundred eighty days in a halfway	7630
house or a term in a halfway house not to exceed the longest jail	7631
term available for the offense, whichever is shorter, if the	7632
political subdivision that would have responsibility for paying	7633
the costs of confining the offender in a jail has entered into a	7634
contract with the halfway house for use of the facility for	7635
misdemeanor offenders;	7636

(2) A term of up to one hundred eighty days in an alternative	7637
residential facility or a term in an alternative residential	7638
facility not to exceed the longest jail term available for the	7639
offense, whichever is shorter. The court may specify the level of	7640
security in the alternative residential facility that is needed	7641
for the offender.	7642

(3) If the offender is an eligible offender, as defined in	7643
section 307.932 of the Revised Code, a term of up to thirty days	7644
in a community alternative sentencing center or district community	7645
alternative sentencing center established and operated in	7646
accordance with that section, in the circumstances specified in	7647
that section, with one of the conditions of the sanction being	7648
that the offender complete in the center the entire term imposed.	7649

(B) ~~The~~A sentence to a community residential sanction under	7650
division (A)(3) of this section shall be in accordance with	7651
section 307.932 of the Revised Code. In all other cases, the court	7652
that sentences an offender to a community residential sanction	7653
under this section may do either or both of the following:	7654

(1) Permit the offender to serve the offender's sentence in	7655
intermittent confinement, overnight, on weekends or at any other	7656
time or times that will allow the offender to continue at the	7657
offender's occupation or care for the offender's family;	7658

(2) Authorize the offender to be released so that the	7659
offender may seek or maintain employment, receive education or	7660
training, receive treatment, perform community service, or	7661
otherwise fulfill an obligation imposed by law or by the court. A	7662
release pursuant to this division shall be only for the duration	7663
of time that is needed to fulfill the purpose of the release and	7664
for travel that reasonably is necessary to fulfill the purposes of	7665
the release.	7666

(C) The court may order that a reasonable portion of the	7667
income earned by the offender upon a release pursuant to division	7668
(B) of this section be applied to any financial sanction imposed	7669
under section 2929.28 of the Revised Code.	7670

(D) No court shall sentence any person to a prison term for a	7671
misdemeanor or minor misdemeanor or to a jail term for a minor	7672
misdemeanor.	7673

(E) If a court sentences a person who has been convicted of	7674
or pleaded guilty to a misdemeanor to a community residential	7675
sanction as described in division (A) of this section, at the time	7676
of reception and at other times the person in charge of the	7677
operation of the halfway house, alternative residential facility,	7678
community alternative sentencing center, district community	7679
alternative sentencing center, or other place at which the	7680
offender will serve the residential sanction determines to be	7681
appropriate, the person in charge of the operation of the halfway	7682
house, alternative residential facility, community alternative	7683
sentencing center, district community alternative sentencing	7684
center, or other place may cause the convicted offender to be	7685
examined and tested for tuberculosis, HIV infection, hepatitis,	7686
including, but not limited to, hepatitis A, B, and C, and other	7687
contagious diseases. The person in charge of the operation of the	7688
halfway house, alternative residential facility, community	7689
alternative sentencing center, district community alternative	7690
sentencing center, or other place at which the offender will serve	7691
the residential sanction may cause a convicted offender in the	7692
halfway house, alternative residential facility, community	7693
alternative sentencing center, district community alternative	7694
sentencing center, or other place who refuses to be tested or	7695
treated for tuberculosis, HIV infection, hepatitis, including, but	7696
not limited to, hepatitis A, B, and C, or another contagious	7697
disease to be tested and treated involuntarily.	7698

(F) A political subdivision may enter into a contract with a	7699
halfway house for use of the halfway house to house misdemeanor	7700
offenders under a sanction imposed under division (A)(1) of this	7701
section.	7702

Sec. 2929.34. (A) A person who is convicted of or pleads	7703
guilty to aggravated murder, murder, or an offense punishable by	7704
life imprisonment and who is sentenced to a term of life	7705
imprisonment or a prison term pursuant to that conviction shall	7706
serve that term in an institution under the control of the	7707
department of rehabilitation and correction.	7708

(B)(1) A person who is convicted of or pleads guilty to a	7709
felony other than aggravated murder, murder, or an offense	7710
punishable by life imprisonment and who is sentenced to a term of	7711
imprisonment or a prison term pursuant to that conviction shall	7712
serve that term as follows:	7713

(a) Subject to divisions (B)(1)(b) and (B)(2) of this	7714
section, in an institution under the control of the department of	7715
rehabilitation and correction if the term is a prison term or as	7716
otherwise determined by the sentencing court pursuant to section	7717
2929.16 of the Revised Code if the term is not a prison term;	7718

(b) In a facility of a type described in division (G)(1) of	7719
section 2929.13 of the Revised Code, if the offender is sentenced	7720
pursuant to that division.	7721

(2) If the term is a prison term, the person may be	7722
imprisoned in a jail that is not a minimum security jail pursuant	7723
to agreement under section 5120.161 of the Revised Code between	7724
the department of rehabilitation and correction and the local	7725
authority that operates the jail.	7726

(C) A person who is convicted of or pleads guilty to one or	7727
more misdemeanors and who is sentenced to a jail term or term of	7728
imprisonment pursuant to the conviction or convictions shall serve	7729
that term in a county, multicounty, municipal, municipal-county,	7730
or multicounty-municipal jail or workhouse; in a community	7731
alternative sentencing center or district community alternative	7732
sentencing center when authorized by section 307.932 of the	7733
Revised Code; or, if the misdemeanor or misdemeanors are not	7734
offenses of violence, in a minimum security jail.	7735

(D) Nothing in this section prohibits the commitment,	7736
referral, or sentencing of a person who is convicted of or pleads	7737
guilty to a felony to a community-based correctional facility.	7738

Sec. 2930.16. (A) If a defendant is incarcerated, a victim	7739
in a case who has requested to receive notice under this section	7740
shall be given notice of the incarceration of the defendant. If an	7741
alleged juvenile offender is committed to the temporary custody of	7742
a school, camp, institution, or other facility operated for the	7743
care of delinquent children or to the legal custody of the	7744
department of youth services, a victim in a case who has requested	7745
to receive notice under this section shall be given notice of the	7746
commitment. Promptly after sentence is imposed upon the defendant	7747
or the commitment of the alleged juvenile offender is ordered, the	7748
prosecutor in the case shall notify the victim of the date on	7749
which the defendant will be released from confinement or the	7750
prosecutor's reasonable estimate of that date or the date on which	7751
the alleged juvenile offender will have served the minimum period	7752
of commitment or the prosecutor's reasonable estimate of that	7753
date. The prosecutor also shall notify the victim of the name of	7754
the custodial agency of the defendant or alleged juvenile offender	7755
and tell the victim how to contact that custodial agency. If the	7756
custodial agency is the department of rehabilitation and	7757
correction, the prosecutor shall notify the victim of the services	7758
offered by the office of victims' services pursuant to section	7759
5120.60 of the Revised Code. If the custodial agency is the	7760
department of youth services, the prosecutor shall notify the	7761
victim of the services provided by the office of victims' services	7762
within the release authority of the department pursuant to section	7763
5139.55 of the Revised Code and the victim's right pursuant to	7764
section 5139.56 of the Revised Code to submit a written request to	7765
the release authority to be notified of actions the release	7766
authority takes with respect to the alleged juvenile offender. The	7767
victim shall keep the custodial agency informed of the victim's	7768
current address and telephone number.	7769

(B)(1) Upon the victim's request, the prosecutor promptly	7770
shall notify the victim of any hearing for judicial release of the	7771
defendant pursuant to section 2929.20 of the Revised Code, of any	7772
hearing for release of the defendant pursuant to section 2967.19	7773
of the Revised Code, or of any hearing for judicial release or	7774
early release of the alleged juvenile offender pursuant to	7775
section 2151.38 of the Revised Code and of the victim's right to	7776
make a statement under those sections. The court shall notify the	7777
victim of its ruling in each of those hearings and on each of	7778
those applications.	7779

(2) If an offender is sentenced to a prison term pursuant to	7780
division (A)(3) or (B) of section 2971.03 of the Revised Code,	7781
upon the request of the victim of the crime, the prosecutor	7782
promptly shall notify the victim of any hearing to be conducted	7783
pursuant to section 2971.05 of the Revised Code to determine	7784
whether to modify the requirement that the offender serve the	7785
entire prison term in a state correctional facility in accordance	7786
with division (C) of that section, whether to continue, revise,	7787
or revoke any existing modification of that requirement, or	7788
whether to terminate the prison term in accordance with division	7789
(D) of that section. The court shall notify the victim of any	7790
order issued at the conclusion of the hearing.	7791

(C) Upon the victim's request made at any time before the	7792
particular notice would be due, the custodial agency of a	7793
defendant or alleged juvenile offender shall give the victim any	7794
of the following notices that is applicable:	7795

(1) At least three weeks before the adult parole authority	7796
recommends a pardon or commutation of sentence for the defendant	7797
or at least three weeks prior to a hearing before the adult parole	7798
authority regarding a grant of parole to the defendant, notice of	7799
the victim's right to submit a statement regarding the impact of	7800
the defendant's release in accordance with section 2967.12 of the	7801
Revised Code and, if applicable, of the victim's right to appear	7802
at a full board hearing of the parole board to give testimony as	7803
authorized by section 5149.101 of the Revised Code;	7804

(2) At least three weeks before the defendant is transferred	7805
to transitional control under section 2967.26 of the Revised Code,	7806
notice of the pendency of the transfer and of the victim's right	7807
under that section to submit a statement regarding the impact of	7808
the transfer;	7809

(3) At least thirty days before the release authority of the	7810
department of youth services holds a release review, release	7811
hearing, or discharge review for the alleged juvenile offender,	7812
notice of the pendency of the review or hearing, of the victim's	7813
right to make an oral or written statement regarding the impact of	7814
the crime upon the victim or regarding the possible release or	7815
discharge, and, if the notice pertains to a hearing, of the	7816
victim's right to attend and make statements or comments at the	7817
hearing as authorized by section 5139.56 of the Revised Code;	7818

(4) Prompt notice of the defendant's or alleged juvenile	7819
offender's escape from a facility of the custodial agency in which	7820
the defendant was incarcerated or in which the alleged juvenile	7821
offender was placed after commitment, of the defendant's or	7822
alleged juvenile offender's absence without leave from a mental	7823
health or mental retardation and developmental disabilities	7824
facility or from other custody, and of the capture of the	7825
defendant or alleged juvenile offender after an escape or absence;	7826

(5) Notice of the defendant's or alleged juvenile offender's	7827
death while in confinement or custody;	7828

(6) Notice of the defendant's or alleged juvenile offender's	7829
release from confinement or custody and the terms and conditions	7830
of the release.	7831

Sec. 2930.17. (A) In determining whether to grant a judicial	7832
release to a defendant from a prison term pursuant to section	7833
2929.20 of the Revised Code at a time before the defendant's	7834
stated prison term expires, in determining whether to grant a	7835
release to an offender from a prison term pursuant to section	7836
2967.19 of the Revised Code at a time before the offender's stated	7837
prison term expires, or in determining whether to grant a judicial	7838
release or early release to an alleged juvenile offender from a	7839
commitment to the department of youth services pursuant to section	7840
2151.38 of the Revised Code, the court shall permit a victim of a	7841
crime or specified delinquent act for which the defendant or	7842
alleged juvenile offender was incarcerated or committed to make a	7843
statement, in addition to any other statement made under this	7844
chapter, concerning the effects of that crime or specified	7845
delinquent act on the victim, the circumstances surrounding the	7846
crime or specified delinquent act, the manner in which the crime	7847
or specified delinquent act was perpetrated, and the victim's	7848
opinion whether the defendant or alleged juvenile offender should	7849
be released. The victim may make the statement in writing or	7850
orally, at the court's discretion. The court shall give the	7851
defendant or alleged juvenile offender and either the adult parole	7852
authority or the department of youth services, whichever is	7853
applicable, a copy of any written impact statement made by the	7854
victim under this division.	7855

(B) In deciding whether to grant a judicial release or early	7856
release to the defendant or alleged juvenile offender, the court	7857
shall consider a statement made by the victim under division (A)	7858
of this section or section 2930.14 or 2947.051 of the Revised	7859
Code.	7860

Sec. 2950.99. (A)(1)(a) Except as otherwise provided in	7861
division (A)(1)(b) of this section, whoever violates a prohibition	7862
in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised	7863
Code shall be punished as follows:	7864

(i) If the most serious sexually oriented offense that was	7865
the basis of the registration, notice of intent to reside, change	7866
of address notification, or address verification requirement that	7867
was violated under the prohibition is aggravated murder or murder	7868
if committed by an adult or a comparable category of offense	7869
committed in another jurisdiction, the offender is guilty of a	7870
felony of the first degree.	7871

(ii) If the most serious sexually oriented offense or	7872
child-victim oriented offense that was the basis of the	7873
registration, notice of intent to reside, change of address	7874
notification, or address verification requirement that was	7875
violated under the prohibition is a felony of the first, second,	7876
third, or fourth degree if committed by an adult or a comparable	7877
category of offense committed in another jurisdiction, the	7878
offender is guilty of a felony of the same degree as the most	7879
serious sexually oriented offense or child-victim oriented	7880
offense that was the basis of the registration, notice of intent	7881
to reside, change of address, or address verification requirement	7882
that was violated under the prohibition, or, if the most serious	7883
sexually oriented offense or child-victim oriented offense that	7884
was the basis of the registration, notice of intent to reside,	7885
change of address, or address verification requirement that was	7886
violated under the prohibition is a comparable category of	7887
offense committed in another jurisdiction, the offender is guilty	7888
of a felony of the same degree as that offense committed in the	7889
other jurisdiction would constitute if committed in this state.	7890

(iii) If the most serious sexually oriented offense or	7891
child-victim oriented offense that was the basis of the	7892
registration, notice of intent to reside, change of address	7893
notification, or address verification requirement that was	7894
violated under the prohibition is a felony of the fifth degree or	7895
a misdemeanor if committed by an adult or a comparable category	7896
of offense committed in another jurisdiction, the offender is	7897
guilty of a felony of the fourth degree.	7898

(b) If the offender previously has been convicted of or	7899
pleaded guilty to, or previously has been adjudicated a delinquent	7900
child for committing, a violation of a prohibition in section	7901
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code,	7902
whoever violates a prohibition in section 2950.04, 2950.041,	7903
2950.05, or 2950.06 of the Revised Code shall be punished as	7904
follows:	7905

(i) If the most serious sexually oriented offense that was	7906
the basis of the registration, notice of intent to reside, change	7907
of address notification, or address verification requirement that	7908
was violated under the prohibition is aggravated murder or murder	7909
if committed by an adult or a comparable category of offense	7910
committed in another jurisdiction, the offender is guilty of a	7911
felony of the first degree.	7912

(ii) If the most serious sexually oriented offense or	7913
child-victim oriented offense that was the basis of the	7914
registration, notice of intent to reside, change of address	7915
notification, or address verification requirement that was	7916
violated under the prohibition is a felony of the first, second,	7917
or third degree if committed by an adult or a comparable category	7918
of offense committed in another jurisdiction, the offender is	7919
guilty of a felony of the same degree as the most serious	7920
sexually oriented offense or child-victim oriented offense that	7921
was the basis of the registration, notice of intent to reside,	7922
change of address, or address verification requirement that was	7923
violated under the prohibition, or, if the most serious sexually	7924
oriented offense or child-victim oriented offense that was the	7925
basis of the registration, notice of intent to reside, change of	7926
address, or address verification requirement that was violated	7927
under the prohibition is a comparable category of offense	7928
committed in another jurisdiction, the offender is guilty of a	7929
felony of the same degree as that offense committed in the other	7930
jurisdiction would constitute if committed in this state.	7931

(iii) If the most serious sexually oriented offense or	7932
child-victim oriented offense that was the basis of the	7933
registration, notice of intent to reside, change of address	7934
notification, or address verification requirement that was	7935
violated under the prohibition is a felony of the fourth or fifth	7936
degree if committed by an adult or a comparable category of	7937
offense committed in another jurisdiction, the offender is guilty	7938
of a felony of the third degree.	7939

(iv) If the most serious sexually oriented offense or	7940
child-victim oriented offense that was the basis of the	7941
registration, notice of intent to reside, change of address	7942
notification, or address verification requirement that was	7943
violated under the prohibition is a misdemeanor if committed by an	7944
adult or a comparable category of offense committed in another	7945
jurisdiction, the offender is guilty of a felony of the fourth	7946
degree.	7947

(2)(a) In addition to any penalty or sanction imposed under	7948
division (A)(1) of this section or any other provision of law for	7949
a violation of a prohibition in section 2950.04, 2950.041,	7950
2950.05, or 2950.06 of the Revised Code, if the offender or	7951
delinquent child is subject to a community control sanction, is on	7952
parole, is subject to one or more post-release control sanctions,	7953
or is subject to any other type of supervised release at the time	7954
of the violation, the violation shall constitute a violation of	7955
the terms and conditions of the community control sanction,	7956
parole, post-release control sanction, or other type of supervised	7957
release.	7958

(b) In addition to any penalty or sanction imposed under	7959
division (A)(1)(b)(i), (ii), or (iii) of this section or any other	7960
provision of law for a violation of a prohibition in section	7961
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, if the	7962
offender previously has been convicted of or pleaded guilty to, or	7963
previously has been adjudicated a delinquent child for committing,	7964
a violation of a prohibition in section 2950.04, 2950.041,	7965
2950.05, or 2950.06 of the Revised Code when the most serious	7966
sexually oriented offense or child-victim oriented offense that	7967
was the basis of the requirement that was violated under the	7968
prohibition is a felony if committed by an adult or a comparable	7969
category of offense committed in another jurisdiction, the court	7970
imposing a sentence upon the offender shall impose a definite	7971
prison term of no less than three years. The definite prison term	7972
imposed under this section is not restricted by division (B) of	7973
section 2929.14 of the Revised Code and, subject to division (K)	7974
of section 2967.19 of the Revised Code, shall not be reduced to	7975
less than three years pursuant to any provision of Chapter 2967.	7976
or any other provision of the Revised Code.	7977

(3) As used in division (A)(1) of this section, "comparable	7978
category of offense committed in another jurisdiction" means a	7979
sexually oriented offense or child-victim oriented offense that	7980
was the basis of the registration, notice of intent to reside,	7981
change of address notification, or address verification	7982
requirement that was violated, that is a violation of an existing	7983
or former law of another state or the United States, an existing	7984
or former law applicable in a military court or in an Indian	7985
tribal court, or an existing or former law of any nation other	7986
than the United States, and that, if it had been committed in this	7987
state, would constitute or would have constituted aggravated	7988
murder or murder for purposes of division (A)(1)(a)(i) of this	7989
section, a felony of the first, second, third, or fourth degree	7990
for purposes of division (A)(1)(a)(ii) of this section, a felony	7991
of the fifth degree or a misdemeanor for purposes of division	7992
(A)(1)(a)(iii) of this section, aggravated murder or murder for	7993
purposes of division (A)(1)(b)(i) of this section, a felony of	7994
the first, second, or third degree for purposes of division	7995
(A)(1)(b)(ii) of this section, a felony of the fourth or fifth	7996
degree for purposes of division (A)(1)(b)(iii) of this section,	7997
or a misdemeanor for purposes of division (A)(1)(b)(iv) of this	7998
section.	7999

(B) If a person violates a prohibition in section 2950.04,	8000
2950.041, 2950.05, or 2950.06 of the Revised Code that applies to	8001
the person as a result of the person being adjudicated a	8002
delinquent child and being classified a juvenile offender	8003
registrant or an out-of-state juvenile offender registrant, both	8004
of the following apply:	8005

(1) If the violation occurs while the person is under	8006
eighteen years of age, the person is subject to proceedings under	8007
Chapter 2152. of the Revised Code based on the violation.	8008

(2) If the violation occurs while the person is eighteen	8009
years of age or older, the person is subject to criminal	8010
prosecution based on the violation.	8011

(C) Whoever violates division (C) of section 2950.13 of the	8012
Revised Code is guilty of a misdemeanor of the first degree.	8013

Sec. 2951.041. (A)(1) If an offender is charged with a	8014
criminal offense, including but not limited to a violation of	8015
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of	8016
the Revised Code, and the court has reason to believe that drug or	8017
alcohol usage by the offender was a factor leading to the	8018
~~offender's~~ criminal offense with which the offender is charged or	8019
that, at the time of committing that offense, the offender had a	8020
mental illness or was a mentally retarded person and that the	8021
mental illness or status as a mentally retarded person was a	8022
factor leading to the offender's criminal behavior, the court may	8023
accept, prior to the entry of a guilty plea, the offender's	8024
request for intervention in lieu of conviction. The request shall	8025
include a statement from the offender as to whether the offender	8026
is alleging that drug or alcohol usage by the offender was a	8027
factor leading to the criminal offense with which the offender is	8028
charged or is alleging that, at the time of committing that	8029
offense, the offender had a mental illness or was a mentally	8030
retarded person and that the mental illness or status as a	8031
mentally retarded person was a factor leading to the criminal	8032
offense with which the offender is charged. The request also shall	8033
include a waiver of the defendant's right to a speedy trial, the	8034
preliminary hearing, the time period within which the grand jury	8035
may consider an indictment against the offender, and arraignment,	8036
unless the hearing, indictment, or arraignment has already	8037
occurred. The court may reject an offender's request without a	8038
hearing. If the court elects to consider an offender's request,	8039
the court shall conduct a hearing to determine whether the	8040
offender is eligible under this section for intervention in lieu	8041
of conviction and shall stay all criminal proceedings pending the	8042
outcome of the hearing. If the court schedules a hearing, the	8043
court shall order an assessment of the offender for the purpose of	8044
determining the offender's eligibility for intervention in lieu of	8045
conviction and recommending an appropriate intervention plan.	8046

If the offender alleges that drug or alcohol usage by the	8047
offender was a factor leading to the criminal offense with which	8048
the offender is charged, the court may order that the offender be	8049
assessed by a program certified pursuant to section 3793.06 of	8050
the Revised Code or a properly credentialed professional for the	8051
purpose of determining the offender's eligibility for	8052
intervention in lieu of conviction and recommending an	8053
appropriate intervention plan. The program or the properly	8054
credentialed professional shall provide a written assessment of	8055
the offender to the court.	8056

(2) The victim notification provisions of division (C) of	8057
section 2930.08 of the Revised Code apply in relation to any	8058
hearing held under division (A)(1) of this section.	8059

(B) An offender is eligible for intervention in lieu of	8060
conviction if the court finds all of the following:	8061

(1) The offender previously has not been convicted of or	8062
pleaded guilty to a felony offense of violence or previously has	8063
been convicted of or pleaded guilty to any felony that is not an	8064
offense of violence and the prosecuting attorney recommends that	8065
the offender be found eligible for participation in intervention	8066
in lieu of treatment under this section, previously has not been	8067
through intervention in lieu of conviction under this section	8068
or any similar regimen, and is charged with a felony for which	8069
the court, upon conviction, would impose sentence under division	8070
(B)(2)(b) of section 2929.13 of the Revised Code or with a	8071
misdemeanor.	8072

(2) The offense is not a felony of the first, second, or	8073
third degree, is not an offense of violence, is not a violation of	8074
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	8075
not a violation of division (A)(1) of section 2903.08 of the	8076
Revised Code, is not a violation of division (A) of section	8077
4511.19 of the Revised Code or a municipal ordinance that is	8078
substantially similar to that division, and is not an offense for	8079
which a sentencing court is required to impose a mandatory prison	8080
term, a mandatory term of local incarceration, or a mandatory term	8081
of imprisonment in a jail.	8082

(3) The offender is not charged with a violation of section	8083
2925.02, ~~2925.03,~~ 2925.04, or 2925.06 of the Revised Code, is not	8084
charged with a violation of section 2925.03 of the Revised Code	8085
that is a felony of the first, second, third, or fourth degree,	8086
and is not charged with a violation of section 2925.11 of the	8087
Revised Code that is a felony of the first, second, or third	8088
degree.	8089

(4) ~~The offender is not charged with a violation of section~~	8090
~~2925.11 of the Revised Code that is a felony of the fourth degree,~~	8091
~~or the offender is charged with a violation of that section that~~	8092
~~is a felony of the fourth degree and the prosecutor in the case~~	8093
~~has recommended that the offender be classified as being eligible~~	8094
~~for intervention in lieu of conviction under this section.~~	8095

~~(5) The~~If an offender alleges that drug or alcohol usage by	8096
the offender was a factor leading to the criminal offense with	8097
which the offender is charged, the court has ordered that the	8098
offender ~~has been~~be assessed by ~~an appropriately licensed~~	8099
~~provider, certified facility, or licensed and credentialed~~	8100
~~professional, including, but not limited to, a program licensed~~	8101
~~by the department of alcohol and drug addiction services pursuant~~	8102
~~to section 3793.11 of the Revised Code,~~ a program certified by	8103
~~that department~~ pursuant to section 3793.06 of the Revised Code,	8104
~~a public or private hospital, the United States department of~~	8105
~~veterans affairs, another appropriate agency of the government of~~	8106
~~the United States, or a licensed physician, psychiatrist,~~	8107
~~psychologist, independent social worker, professional counselor,~~	8108
~~or chemical dependency counselor~~or a properly credentialed	8109
professional for the purpose of determining the offender's	8110
eligibility for intervention in lieu of conviction and	8111
recommending an appropriate intervention plan, the offender has	8112
been assessed by a program of that nature or a properly	8113
credentialed professional in accordance with the court's order,	8114
and the program or properly credentialed professional has filed	8115
the written assessment of the offender with the court.	8116

(5) If an offender alleges that, at the time of committing	8117
the criminal offense with which the offender is charged, the	8118
offender had a mental illness or was a mentally retarded person	8119
and that the mental illness or status as a mentally retarded	8120
person was a factor leading to that offense, the offender has been	8121
assessed by a psychiatrist, psychologist, independent social	8122
worker, or professional clinical counselor for the purpose of	8123
determining the offender's eligibility for intervention in lieu of	8124
conviction and recommending an appropriate intervention plan.	8125

(6) The offender's drug orusage, alcohol usage, mental	8126
illness, or mental retardation, whichever is applicable, was a	8127
factor leading to the criminal offense with which the offender is	8128
charged, intervention in lieu of conviction would not demean the	8129
seriousness of the offense, and intervention would substantially	8130
reduce the likelihood of any future criminal activity.	8131

(7) The alleged victim of the offense was not sixty-five	8132
years of age or older, permanently and totally disabled, under	8133
thirteen years of age, or a peace officer engaged in the officer's	8134
official duties at the time of the alleged offense.	8135

(8) If the offender is charged with a violation of section	8136
2925.24 of the Revised Code, the alleged violation did not result	8137
in physical harm to any person, and the offender previously has	8138
not been treated for drug abuse.	8139

(9) The offender is willing to comply with all terms and	8140
conditions imposed by the court pursuant to division (D) of this	8141
section.	8142

(C) At the conclusion of a hearing held pursuant to division	8143
(A) of this section, the court shall enter its determination as to	8144
whether the offender is eligible for intervention in lieu of	8145
conviction and as to whether to grant the offender's request. If	8146
the court finds under division (B) of this section that the	8147
offender is eligible for intervention in lieu of conviction and	8148
grants the offender's request, the court shall accept the	8149
offender's plea of guilty and waiver of the defendant's right to a	8150
speedy trial, the preliminary hearing, the time period within	8151
which the grand jury may consider an indictment against the	8152
offender, and arraignment, unless the hearing, indictment, or	8153
arraignment has already occurred. In addition, the court then may	8154
stay all criminal proceedings and order the offender to comply	8155
with all terms and conditions imposed by the court pursuant to	8156
division (D) of this section. If the court finds that the offender	8157
is not eligible or does not grant the offender's request, the	8158
criminal proceedings against the offender shall proceed as if the	8159
offender's request for intervention in lieu of conviction had not	8160
been made.	8161

(D) If the court grants an offender's request for	8162
intervention in lieu of conviction, the court shall place the	8163
offender under the general control and supervision of the county	8164
probation department, the adult parole authority, or another	8165
appropriate local probation or court services agency, if one	8166
exists, as if the offender was subject to a community control	8167
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	8168
Revised Code. The court shall establish an intervention plan for	8169
the offender. The terms and conditions of the intervention plan	8170
shall require the offender, for at least one year from the date on	8171
which the court grants the order of intervention in lieu of	8172
conviction, to abstain from the use of illegal drugs and alcohol,	8173
to participate in treatment and recovery support services, and to	8174
submit to regular random testing for drug and alcohol use and may	8175
include any other treatment terms and conditions, or terms and	8176
conditions similar to community control sanctions, which may	8177
include community service or restitution, that are ordered by the	8178
court.	8179

(E) If the court grants an offender's request for	8180
intervention in lieu of conviction and the court finds that the	8181
offender has successfully completed the intervention plan for the	8182
offender, including the requirement that the offender abstain from	8183
using illegal drugs and alcohol for a period of at least one year	8184
from the date on which the court granted the order of intervention	8185
in lieu of conviction, the requirement that the offender	8186
participate in treatment and recovery support services, and all	8187
other terms and conditions ordered by the court, the court shall	8188
dismiss the proceedings against the offender. Successful	8189
completion of the intervention plan and period of abstinence under	8190
this section shall be without adjudication of guilt and is not a	8191
criminal conviction for purposes of any disqualification or	8192
disability imposed by law and upon conviction of a crime, and the	8193
court may order the sealing of records related to the offense in	8194
question in the manner provided in sections 2953.31 to 2953.36 of	8195
the Revised Code.	8196

(F) If the court grants an offender's request for	8197
intervention in lieu of conviction and the offender fails to	8198
comply with any term or condition imposed as part of the	8199
intervention plan for the offender, the supervising authority for	8200
the offender promptly shall advise the court of this failure, and	8201
the court shall hold a hearing to determine whether the offender	8202
failed to comply with any term or condition imposed as part of the	8203
plan. If the court determines that the offender has failed to	8204
comply with any of those terms and conditions, it shall enter a	8205
finding of guilty and shall impose an appropriate sanction under	8206
Chapter 2929. of the Revised Code. If the court sentences the	8207
offender to a prison term, the court, after consulting with the	8208
department of rehabilitation and correction regarding the	8209
availability of services, may order continued court-supervised	8210
activity and treatment of the offender during the prison term and,	8211
upon consideration of reports received from the department	8212
concerning the offender's progress in the program of activity and	8213
treatment, may consider judicial release under section 2929.20 of	8214
the Revised Code.	8215

(G) As used in this section:

8216

(1) "Community control sanction" has the same meaning as in	8217
section 2929.01 of the Revised Code.	8218

(2) "Intervention in lieu of conviction" means any	8219
court-supervised activity that complies with this section.	8220

(3) "Peace officer" has the same meaning as in section	8221
2935.01 of the Revised Code.	8222

(4) "Mental illness" and "psychiatrist" have the same	8223
meanings as in section 5122.01 of the Revised Code.	8224

(5) "Mentally retarded person" has the same meaning as in	8225
section 5123.01 of the Revised Code.	8226

(6) "Psychologist" has the same meaning as in section 4732.01	8227
of the Revised Code.	8228

Sec. 2967.05. (A) As used in this section:

8229

(1) "Imminent danger of death" means that the inmate has a	8230
medically diagnosable condition that will cause death to occur	8231
within a short period of time.	8232

As used in division (A)(1) of this section, "within a short	8233
period of time" means generally within six months.	8234

(2)(a) "Medically incapacitated" means any diagnosable	8235
medical condition, including mental dementia and severe, permanent	8236
medical or cognitive disability, that prevents the inmate from	8237
completing activities of daily living without significant	8238
assistance, that incapacitates the inmate to the extent that	8239
institutional confinement does not offer additional restrictions,	8240
that is likely to continue throughout the entire period of parole,	8241
and that is unlikely to improve noticeably.	8242

(b) "Medically incapacitated" does not include conditions	8243
related solely to mental illness unless the mental illness is	8244
accompanied by injury, disease, or organic defect.	8245

(3)(a) "Terminal illness" means a condition that satisfies	8246
all of the following criteria:	8247

(i) The condition is irreversible and incurable and is caused	8248
by disease, illness, or injury from which the inmate is unlikely	8249
to recover.	8250

(ii) In accordance with reasonable medical standards and a	8251
reasonable degree of medical certainty, the condition is likely to	8252
cause death to the inmate within twelve months.	8253

(iii) Institutional confinement of the inmate does not offer	8254
additional protections for public safety or against the inmate's	8255
risk to reoffend.	8256

(b) The department of rehabilitation and correction shall	8257
adopt rules pursuant to Chapter 119. of the Revised Code to	8258
implement the definition of "terminal illness" in division	8259
(A)(3)(a) of this section.	8260

(B) Upon the recommendation of the director of	8261
rehabilitation and correction, accompanied by a certificate of the	8262
attending physician that an inmate is terminally ill, medically	8263
incapacitated, or in imminent danger of death, the governor may	8264
order the inmate's release ~~as if~~ on indefinite parole on or	8265
after a specified date, reserving the right to return the inmate	8266
to the institution pursuant to this section. The inmate shall not	8267
be released until an appropriate placement in a skilled nursing	8268
facility has been secured for the inmate and the skilled nursing	8269
facility has secured a funding source for the placement. The	8270
department of job and family services shall give priority to the	8271
processing and determination of an inmate's eligibility for	8272
initial or continued medicaid funding under this section. The	8273
department of job and family services' processing and	8274
determination of the inmate's eligibility may be based solely on	8275
identifying information provided by the department of	8276
rehabilitation and correction. In addition to the reimbursement	8277
otherwise provided to a skilled nursing facility under Chapter	8278
5111. of the Revised Code, the department of job and family	8279
services, through the medicaid program, shall reimburse a skilled	8280
nursing facility that provides care to inmates under this section	8281
for reasonable additional costs incurred by the facility in	8282
providing the security required by division (D)(1)(e) of this	8283
section and will take all necessary steps to implement the payment	8284
of these additional costs. An inmate shall not be released to a	8285
skilled nursing facility until the inmate has undergone	8286
preadmission screening and resident review and the level of care	8287
review and determination process established under the	8288
Administrative Code and has been determined to meet the criteria	8289
for skilled nursing care. A skilled nursing facility shall meet	8290
the requirements set forth in division (D) of this section. If,	8291
subsequent to the inmate's release, the inmate's health	8292
improves so that the inmate is no longer terminally ill,	8293
medically incapacitated, or in imminent danger of death, the	8294
inmate shall be returned, by order of the governor, to the	8295
institution from which the inmate was released. If the inmate	8296
violates any rules or conditions applicable to the inmate, the	8297
inmate may be returned to an institution under the control of the	8298
department of rehabilitation and correction. The governor may	8299
direct the adult parole authority to investigate or cause to be	8300
investigated the inmate and make a recommendation in the manner	8301
set forth in section 2967.03 of the Revised Code. An inmate	8302
released under this section shall be subject to supervision by	8303
the adult parole authority in accordance with any recommendation	8304
of the adult parole authority that is approved by the governor.	8305
The adult parole authority shall adopt rules pursuant to section	8306
119.03 of the Revised Code to establish the procedure for	8307
medical release of an inmate when an inmate is terminally ill,	8308
medically incapacitated, or in imminent danger of death.	8309

(C) No inmate is eligible for release under this section if	8310
the inmate is serving a death sentence, a sentence of life without	8311
parole, or a sentence under Chapter 2971. of the Revised Code for	8312
a felony of the first or second degree~~, a sentence for aggravated~~	8313
~~murder or murder, or a mandatory prison term for an offense of~~	8314
~~violence or any specification described in Chapter 2941. of the~~	8315
~~Revised Code~~.	8316

(D)(1) An inmate shall not be released to a skilled nursing	8317
facility under this section unless the skilled nursing facility	8318
meets all of the following requirements:	8319

(a) The skilled nursing facility is certified as a skilled	8320
nursing facility under Title XVIII or XIX of the "Social Security	8321
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and has	8322
obtained any approval or authorization needed for its operation as	8323
described in division (E) of this section.	8324

(b) The skilled nursing facility is under contract with the	8325
department of rehabilitation and correction solely for the care of	8326
inmates released under this section and is certified by the	8327
department.	8328

(c) The skilled nursing facility is located in Ohio, and the	8329
facility's location presents a minimal risk to public safety.	8330

(d) The skilled nursing facility is operated by a licensed	8331
nursing home administrator who has a minimum of six years of	8332
active licensure, a master's degree in healthcare administration,	8333
and experience in the administration of an assisted living	8334
program, a home care program, a skilled nursing facility, a	8335
hospice care program, and a long term acute care hospital.	8336

(e) Employees of the facility or a contractor provide	8337
security to the skilled nursing facility. The security staff shall	8338
be directed by a person with at least thirty years of experience	8339
as a law enforcement officer with a law enforcement agency	8340
employing a minimum of five hundred law enforcement officers,	8341
whose experience includes a minimum of five years of supervisory	8342
experience.	8343

(2) The department of health shall issue a certificate of	8344
need to the operator of a skilled nursing facility that accepts	8345
inmates under this section.	8346

(E) The department of job and family services shall apply to	8347
the centers for medicare and medicaid services of the United	8348
States department of health and human services for any approval or	8349
other authorization needed for the operation of the skilled	8350
nursing facility to be used to provide care to inmates under this	8351
section, and for a statement of the applicable parameters for	8352
operation of the facility. The department shall notify the	8353
facility and the department of rehabilitation and correction of	8354
the grant by the centers of any such approval or authorization	8355
needed for the facility and of the applicable parameters for its	8356
operation.	8357

(F) Sections 3721.10 to 3721.18 of the Revised Code do not	8358
apply to an inmate receiving care in a skilled nursing facility	8359
under divisions (B) to (D) of this section.	8360

Sec. 2967.14. (A) The department of rehabilitation and	8361
correction or the adult parole authority may require or allow a	8362
parolee or, a releasee, or a prisoner otherwise released from a	8363
state correctional institution to reside in a halfway house or	8364
other suitable community residential center that has been licensed	8365
by the division of parole and community services pursuant to	8366
division (C) of this section during a part or for the entire	8367
period of the offender's or parolee's conditional release or of	8368
the releasee's term of post-release control. The court of common	8369
pleas that placed an offender under a sanction consisting of a	8370
term in a halfway house or in an alternative residential sanction	8371
may require the offender to reside in a halfway house or other	8372
suitable community residential center that is designated by the	8373
court and that has been licensed by the division pursuant to	8374
division (C) of this section during a part or for the entire	8375
period of the offender's residential sanction.	8376

(B) The division of parole and community services may	8377
negotiate and enter into agreements with any public or private	8378
agency or a department or political subdivision of the state that	8379
operates a halfway house, reentry center, or community residential	8380
center that has been licensed by the division pursuant to division	8381
(C) of this section. An agreement under this division shall	8382
provide for the purchase of beds, shall set limits of supervision	8383
and levels of occupancy, and shall determine the scope of services	8384
for all eligible offenders, including those subject to a	8385
residential sanction, as defined in rules adopted by the director	8386
of rehabilitation and correction in accordance with Chapter 119.	8387
of the Revised Code, or those released from prison without	8388
supervision. ~~The payments for beds and services shall be equal to~~	8389
~~the halfway house's or community residential center's average~~	8390
~~daily per capita costs with its facility at full occupancy.~~ The	8391
payments for beds and services shall not exceed the total	8392
operating costs of the halfway house, reentry center, or community	8393
residential center during the term of an agreement. The director	8394
of rehabilitation and correction shall adopt rules in accordance	8395
with Chapter 119. of the Revised Code for determining includable	8396
and excludable costs and income to be used in computing the	8397
agency's average daily per capita costs with its facility at full	8398
occupancy.	8399

The department of rehabilitation and correction may use no	8400
more than ten per cent of the amount appropriated to the	8401
department each fiscal year for the halfway house, reentry center,	8402
and community residential center program to pay for contracts for	8403
nonresidential services for offenders under the supervision of the	8404
adult parole authority. The nonresidential services may include,	8405
but are not limited to, treatment for substance abuse, mental	8406
health counseling, ~~and~~ counseling for sex offenders, and	8407
electronic monitoring services.	8408

(C) The division of parole and community services may license	8409
a halfway house, reentry center, or community residential center	8410
as a suitable facility for the care and treatment of adult	8411
offenders, including offenders sentenced under section 2929.16 or	8412
2929.26 of the Revised Code, only if the halfway house, reentry	8413
center, or community residential center complies with the	8414
standards that the division adopts in accordance with Chapter 119.	8415
of the Revised Code for the licensure of halfway houses, reentry	8416
centers, and community residential centers. The division shall	8417
annually inspect each licensed halfway house, licensed reentry	8418
center, and licensed community residential center to determine if	8419
it is in compliance with the licensure standards.	8420

Sec. 2967.19. (A) The director of rehabilitation and	8421
correction may petition the sentencing court for the release from	8422
prison of any offender confined in a state correctional	8423
institution under a stated prison term of one year or more who has	8424
served at least eighty-five per cent of the offender's stated	8425
prison term and is eligible under division (B) of this section	8426
for a release under this section. If the director wishes to submit	8427
a petition for release under this section, the director shall	8428
submit the petition not earlier than ninety days prior to the date	8429
on which the offender has served eighty-five per cent of the	8430
offender's stated prison term. The director's submission of a	8431
petition for release under this section constitutes a	8432
recommendation by the director that the court strongly consider	8433
release of the offender consistent with the purposes and	8434
principles of sentencing set forth in section 2929.13 of the	8435
Revised Code.	8436

(B) Except as otherwise provided in this division, an	8437
offender serving a stated prison term of one year or more is	8438
eligible for release from prison under this section. An offender	8439
is not eligible for release from prison under this section if the	8440
offender is serving a term of life imprisonment, including any	8441
term of life imprisonment that has parole eligibility, if the	8442
offender is serving a mandatory prison term imposed under division	8443
(D)(1)(a), (D)(1)(c), (D)(1)(f), (D)(1)(g), or (D)(2) of section	8444
2929.14 of the Revised Code, or if the offender is serving a	8445
prison term for any of the following:	8446

(1) Aggravated murder, murder, voluntary manslaughter,	8447
involuntary manslaughter, felonious assault, kidnapping, rape,	8448
aggravated arson, or aggravated robbery;	8449

(2) Complicity in, an attempt to commit, or conspiracy to	8450
commit any offense listed in division (B)(1) of this section;	8451

(3) Any offense that is a felony of the first or second	8452
degree, that is not described in division (B)(1) or (2) of this	8453
section, and for which the offender is not serving a term of life	8454
imprisonment if the offender previously has been convicted of or	8455
pleaded guilty to aggravated murder, murder, any felony of the	8456
first or second degree, or any offense under an existing or former	8457
law of this state, another state, or the United States that is or	8458
was substantially equivalent to aggravated murder, murder, or a	8459
felony of the first or second degree;	8460

(4) Any felony, other than carrying a concealed weapon, that	8461
was committed while the person had a firearm, as defined in	8462
section 2923.11 of the Revised Code, on or about the offender's	8463
person or under the offender's control;	8464

(5) Any violation of section 2925.03 of the Revised Code that	8465
is a felony of the first or second degree;	8466

(6) Engaging in a pattern of corrupt activity in violation of	8467
section 2923.32 of the Revised Code.	8468

(C) The director shall include with any petition submitted to	8469
the sentencing court under this section an institutional summary	8470
report that covers the offender's participation while confined in	8471
a state correctional institution in school, training, work,	8472
treatment, and other rehabilitative activities and any	8473
disciplinary action taken against the offender while so confined.	8474
The director shall include with the petition a post-release	8475
control assessment and placement plan, when relevant, and any	8476
other documentation requested by the court, if available.	8477

(D) When the director submits a petition under this section	8478
for release of an offender, the department promptly shall give	8479
notice of the petition to the prosecuting attorney of the county	8480
in which the offender was indicted and to any victim of the	8481
offender or victim's representative of any victim of the offender	8482
who is registered with the office of victim's services.	8483

The department also shall post notice of the petition on the	8484
database it maintains under section 5120.66 of the Revised Code	8485
and include information on where a person may send comments	8486
regarding the petition.	8487

(E) Upon receipt of a petition for release of an offender	8488
submitted by the director under this section, the court may deny	8489
the petition without a hearing. The court shall not grant a	8490
petition for release of an offender without a hearing. If a court	8491
denies a petition for release of an offender without a hearing,	8492
the court may later consider release of that offender on a	8493
subsequent petition. The court shall enter its ruling within	8494
thirty days after the petition is filed.	8495

(F) If the court grants a hearing on a petition for release	8496
of an offender, the court shall notify the head of the state	8497
correctional institution in which the offender is confined of the	8498
hearing prior to the hearing. If the court makes a journal entry	8499
ordering the offender to be conveyed to the hearing, except as	8500
otherwise provided in this division, the head of the correctional	8501
institution shall deliver the offender to the sheriff of the	8502
county in which the hearing is to be held, and the sheriff shall	8503
convey the offender to and from the hearing. Upon the court's own	8504
motion or the motion of the offender or the prosecuting attorney	8505
of the county in which the offender was indicted, the court may	8506
permit the offender to appear at the hearing by video conferencing	8507
equipment if equipment of that nature is available and compatible.	8508

Upon receipt of notice from a court of a hearing on the	8509
release of an offender under this division, the head of the state	8510
correctional institution in which the offender is confined	8511
immediately shall notify the appropriate person at the department	8512
of rehabilitation and correction of the hearing, and the	8513
department within twenty-four hours after receipt of the notice	8514
shall post on the database it maintains pursuant to section	8515
5120.66 of the Revised Code the offender's name and all of the	8516
information specified in division (A)(1)(c)(i) of that section. If	8517
the court grants a hearing on a petition for release of an	8518
offender under this section, the court promptly shall give notice	8519
of the hearing to the prosecuting attorney of the county in which	8520
the offender was indicted. Upon receipt of the notice from the	8521
court, the prosecuting attorney shall notify pursuant to section	8522
2930.16 of the Revised Code any victim of the offender or the	8523
victim's representative of the hearing.	8524

(G) If the court grants a hearing on a petition for release	8525
of an offender under this section, at the hearing, the court shall	8526
afford the offender and the offender's attorney an opportunity to	8527
present written information and, if present, oral information	8528
relevant to the motion. The court shall afford a similar	8529
opportunity to the prosecuting attorney, victim or victim's	8530
representative, as defined in section 2930.01 of the Revised Code,	8531
and any other person the court determines is likely to present	8532
additional relevant information. If the court pursuant to division	8533
(F) of this section permits the offender to appear at the hearing	8534
by video conferencing equipment, the offender's opportunity to	8535
present oral information shall be as a part of the video	8536
conferencing. The court shall consider any statement of a victim	8537
made under section 2930.14 or 2930.17 of the Revised Code, any	8538
victim impact statement prepared under 2947.051 of the Revised	8539
Code, and any report, plan, and other documentation submitted by	8540
the director under division (C) of this section. After ruling on	8541
the motion, the court shall notify the victim in accordance with	8542
sections 2930.03 and 2930.16 of the Revised Code.	8543

(H) If the court grants a petition for release of an offender	8544
under this section, it shall order the offender's release under	8545
the supervision of the adult parole authority. The court shall not	8546
make a release under this section effective prior to the date on	8547
which the offender has served at least eighty-five per cent of the	8548
offender's stated prison term. If the sentence under which the	8549
offender is confined in a state correctional institution and	8550
from which the offender is being released was imposed for a	8551
felony of the first or second degree, the court shall order that	8552
the offender be monitored by means of a global positioning	8553
device, with the cost of monitoring borne by the offender	8554
through the imposition of supervision fees under section 5120.56	8555
of the Revised Code. If the offender is indigent, the cost shall	8556
be paid out of the reparations fund created under section	8557
2743.191 of the Revised Code. The initial period of supervision	8558
by the adult parole authority and the monitoring of the offender	8559
by means of a global positioning device when ordered shall	8560
conclude on the date of expiration of the stated prison term	8561
from which the offender was released. If the parole board	8562
imposed a period of post-release control on the offender under	8563
section 2967.28 of the Revised Code, upon the conclusion of that	8564
initial period of supervision and that initial period of	8565
monitoring when ordered, the offender shall be placed on	8566
post-release control in accordance with the post-release control	8567
sanctions the board imposed on the offender under that section.	8568

If the court grants a petition for release of an offender	8569
under this section, it shall notify the appropriate person at the	8570
department of rehabilitation and correction of the release, and	8571
the department shall post notice of the release on the database it	8572
maintains pursuant to section 5120.66 of the Revised Code.	8573

(I) Within ninety days after the effective date of this	8574
section, the chair of the parole board or the chair's designee	8575
shall review the cases of all parole-eligible inmates who are age	8576
sixty-five or older and who have had a statutory first parole	8577
consideration hearing.	8578

(J) Upon completion of the review described in division (I)	8579
of this section, the chair of the parole board shall present to	8580
the board the cases of the offenders described in that division.	8581
Upon presentation of the case of an offender, the board, by	8582
majority vote, may choose to rehear the offender's case for	8583
possible release on parole.	8584

(K)(1) An offender who is serving a mandatory prison term	8585
imposed under a provision other than division (D)(1)(a),	8586
(D)(1)(c), (D)(1)(f), (D)(1)(g), or (D)(2) of section 2929.14 of	8587
the Revised Code is not automatically ineligible as a result of	8588
the offender's service of that term for release from prison under	8589
this section.	8590

(2) An offender who is serving a mandatory prison term	8591
imposed under division (D)(1)(a), (D)(1)(c), (D)(1)(f), (D)(1)(g),	8592
or (D)(2) of section 2929.14 of the Revised Code and one or more	8593
other prison terms or mandatory prison terms may be eligible for	8594
release from prison under this section after the offender has	8595
served all mandatory prison terms imposed under division	8596
(D)(1)(a), (D)(1)(c), (D)(1)(f), (D)(1)(g), or (D)(2) of section	8597
2929.14 of the Revised Code, if the offender otherwise is eligible	8598
for the release under divisions (B) and (K)(1) of this section.	8599

(L) The department shall adopt under Chapter 119. of the	8600
Revised Code any rules necessary to implement this section.	8601

Sec. 2967.193. (A) Except as provided in division (C) of	8602
this section or in section 2929.13, 2929.14, or 2967.13 of the	8603
Revised Code and subject to the maximum total specified in this	8604
section, a person confined in a state correctional institution	8605
may earn one day or five days of credit, determined based on the	8606
category set forth in division (D)(1), (2), or (3) of this	8607
section in which the person is included, as a deduction from the	8608
person's stated prison term for each ~~full~~completed month during	8609
which the person productively participates in an education	8610
program, vocational training, employment in prison industries, or	8611
treatment for substance abuse~~, treatment as a sex offender, or any~~	8612
~~other constructive program~~as developed by the department with	8613
specific standards for performance by prisoners. ~~At the end of~~	8614
~~each calendar month in which a prisoner productively participates~~	8615
~~in a program or activity listed in this division, the department~~	8616
~~of rehabilitation and correction shall deduct one day from the~~	8617
~~date on which the prisoner's stated prison term will expire.~~The	8618
total number of days of credit that a person may earn under this	8619
section shall not exceed eight per cent of the total number of	8620
days in the person's stated prison term. If the prisoner	8621
violates prison rules, the department may deny the prisoner a	8622
credit that otherwise could have been awarded to the prisoner or	8623
may withdraw one or more credits previously earned by the	8624
prisoner.	8625

~~If a prisoner is released before the expiration of the~~	8626
~~prisoner's stated prison term by reason of credit earned under~~	8627
~~this section, the department shall retain control of the prisoner~~	8628
~~by means of an appropriate post-release control sanction imposed~~	8629
~~by the parole board until the end of the stated prison term if~~	8630
~~the parole board imposes a post-release control sanction~~	8631
~~pursuant to section 2967.28 of the Revised Code. If the parole~~	8632
~~board is not required to impose a post-release control sanction~~	8633
~~under section 2967.28 of the Revised Code, the parole board may~~	8634
~~elect not to impose a post-release control sanction on the~~	8635
~~prisoner.~~	8636

(B) The department of rehabilitation and correction shall	8637
adopt rules that specify the programs or activities for which	8638
credit may be earned under this section, the criteria for	8639
determining productive participation in the programs or activities	8640
and for awarding credit, and the criteria for denying or	8641
withdrawing previously earned credit as a result of a violation of	8642
prison rules.	8643

(C) No person who is serving a sentence of life imprisonment	8644
without parole imposed pursuant to section 2929.03 or 2929.06 of	8645
the Revised Code or, who is serving a prison term or a term of	8646
life imprisonment without parole imposed pursuant to section	8647
2971.03 of the Revised Code, or who is serving a sentence for a	8648
sexually oriented offense shall be awarded any days of credit	8649
under division (A) of this section.	8650

(D) The determination of whether a person confined in a	8651
state correctional institution may earn one day of credit or five	8652
days of credit under division (A) of this section for each	8653
completed month during which the person productively participates	8654
in a program specified under that division shall be made in	8655
accordance with the following:	8656

(1) The offender may earn one day of credit under division	8657
(A) of this section, except as provided in division (C) of this	8658
section or in section 2929.13, 2929.14, or 2967.13 of the Revised	8659
Code, if the most serious offense for which the offender is	8660
confined is any of the following that is a felony of the first or	8661
second degree:	8662

(a) A violation of section 2903.11, 2903.15, 2905.01,	8663
2907.21, 2907.24, 2907.25, 2909.02, 2909.09, 2909.10, 2909.101,	8664
2909.26, 2909.27, 2909.29, 2911.01, 2911.02, 2911.11, 2911.12,	8665
2919.13, 2919.151, 2919.22, 2921.34, 2923.01, 2923.131, 2923.162,	8666
2923.32, 2925.24, or 2927.24 of the Revised Code;	8667

(b) A conspiracy or attempt to commit, or complicity in	8668
committing, aggravated murder, murder, any other offense for	8669
which the maximum penalty is death or imprisonment for life, or	8670
any offense listed in division (D)(1)(a) of this section.	8671

(2) The offender may earn five days of credit under division	8672
(A) of this section, except as provided in division (C) of this	8673
section or in section 2929.13, 2929.14, or 2967.13 of the Revised	8674
Code, if the most serious offense for which the offender is	8675
confined is a felony of the first or second degree and division	8676
(D)(1) of this section does not apply to the offender.	8677

(3) The offender may earn five days of credit under division	8678
(A) of this section, except as provided in division (C) of this	8679
section or in section 2929.13, 2929.14, or 2967.13 of the Revised	8680
Code, if the most serious offense for which the offender is	8681
confined is a felony of the third, fourth, or fifth degree or an	8682
unclassified felony.	8683

(E) As used in this section, "sexually oriented offense" has	8684
the same meaning as in section 2950.01 of the Revised Code.	8685

Sec. 2967.28. (A) As used in this section:

8686

(1) "Monitored time" means the monitored time sanction	8687
specified in section 2929.17 of the Revised Code.	8688

(2) "Deadly weapon" and "dangerous ordnance" have the same	8689
meanings as in section 2923.11 of the Revised Code.	8690

(3) "Felony sex offense" means a violation of a section	8691
contained in Chapter 2907. of the Revised Code that is a felony.	8692

(B) Each sentence to a prison term for a felony of the first	8693
degree, for a felony of the second degree, for a felony sex	8694
offense, or for a felony of the third degree that is not a felony	8695
sex offense and in the commission of which the offender caused or	8696
threatened to cause physical harm to a person shall include a	8697
requirement that the offender be subject to a period of	8698
post-release control imposed by the parole board after the	8699
offender's release from imprisonment. If a court imposes a	8700
sentence including a prison term of a type described in this	8701
division on or after July 11, 2006, the failure of a sentencing	8702
court to notify the offender pursuant to division (B)(3)(c) of	8703
section 2929.19 of the Revised Code of this requirement or to	8704
include in the judgment of conviction entered on the journal a	8705
statement that the offender's sentence includes this requirement	8706
does not negate, limit, or otherwise affect the mandatory period	8707
of supervision that is required for the offender under this	8708
division. Section 2929.191 of the Revised Code applies if, prior	8709
to July 11, 2006, a court imposed a sentence including a prison	8710
term of a type described in this division and failed to notify	8711
the offender pursuant to division (B)(3)(c) of section 2929.19 of	8712
the Revised Code regarding post-release control or to include in	8713
the judgment of conviction entered on the journal or in the	8714
sentence pursuant to division (F)(1) of section 2929.14 of the	8715
Revised Code a statement regarding post-release control. Unless	8716
reduced by the parole board pursuant to division (D) of this	8717
section when authorized under that division, a period of	8718
post-release control required by this division for an offender	8719
shall be of one of the following periods:	8720

(1) For a felony of the first degree or for a felony sex	8721
offense, five years;	8722

(2) For a felony of the second degree that is not a felony	8723
sex offense, three years;	8724

(3) For a felony of the third degree that is not a felony sex	8725
offense and in the commission of which the offender caused or	8726
threatened physical harm to a person, three years.	8727

(C) Any sentence to a prison term for a felony of the third,	8728
fourth, or fifth degree that is not subject to division (B)(1) or	8729
(3) of this section shall include a requirement that the offender	8730
be subject to a period of post-release control of up to three	8731
years after the offender's release from imprisonment, if the	8732
parole board, in accordance with division (D) of this section,	8733
determines that a period of post-release control is necessary for	8734
that offender. Section 2929.191 of the Revised Code applies if,	8735
prior to July 11, 2006, a court imposed a sentence including a	8736
prison term of a type described in this division and failed to	8737
notify the offender pursuant to division (B)(3)(d) of section	8738
2929.19 of the Revised Code regarding post-release control or to	8739
include in the judgment of conviction entered on the journal or	8740
in the sentence pursuant to division (F)(2) of section 2929.14 of	8741
the Revised Code a statement regarding post-release control.	8742
Pursuant to an agreement entered into under section 2967.29 of	8743
the Revised Code, a court of common pleas or parole board may	8744
impose sanctions or conditions on an offender who is placed on	8745
post-release control under this division.	8746

(D)(1) Before the prisoner is released from imprisonment, the	8747
parole board or, pursuant to an agreement under section 2967.29 of	8748
the Revised Code, the court shall impose upon a prisoner described	8749
in division (B) of this section, may impose upon a prisoner	8750
described in division (C) of this section, and shall impose upon a	8751
prisoner described in division (B)(2)(b) of section 5120.031 or in	8752
division (B)(1) of section 5120.032 of the Revised Code, one or	8753
more post-release control sanctions to apply during the prisoner's	8754
period of post-release control. Whenever the board or court	8755
imposes one or more post-release control sanctions upon a	8756
prisoner, the board or court, in addition to imposing the	8757
sanctions, also shall include as a condition of the post-release	8758
control that the offender not leave the state without permission	8759
of the court or the offender's parole or probation officer and	8760
that the offender abide by the law. The board or court may impose	8761
any other conditions of release under a post-release control	8762
sanction that the board or court considers appropriate, and the	8763
conditions of release may include any community residential	8764
sanction, community nonresidential sanction, or financial	8765
sanction that the sentencing court was authorized to impose	8766
pursuant to sections 2929.16, 2929.17, and 2929.18 of the Revised	8767
Code. Prior to the release of a prisoner for whom it will impose	8768
one or more post-release control sanctions under this division,	8769
the parole board or court shall review the prisoner's criminal	8770
history, all juvenile court adjudications finding the prisoner,	8771
while a juvenile, to be a delinquent child, and the record of the	8772
prisoner's conduct while imprisoned. The parole board or court	8773
shall consider any recommendation regarding post-release control	8774
sanctions for the prisoner made by the office of victims'	8775
services. After considering those materials, the board or court	8776
shall determine, for a prisoner described in division (B) of this	8777
section, division (B)(2)(b) of section 5120.031, or division	8778
(B)(1) of section 5120.032 of the Revised Code, which post-release	8779
control sanction or combination of post-release control sanctions	8780
is reasonable under the circumstances or, for a prisoner described	8781
in division (C) of this section, whether a post-release control	8782
sanction is necessary and, if so, which post-release control	8783
sanction or combination of post-release control sanctions is	8784
reasonable under the circumstances. In the case of a prisoner	8785
convicted of a felony of the fourth or fifth degree other than a	8786
felony sex offense, the board or court shall presume that	8787
monitored time is the appropriate post-release control sanction	8788
unless the board or court determines that a more restrictive	8789
sanction is warranted. A post-release control sanction imposed	8790
under this division takes effect upon the prisoner's release from	8791
imprisonment.	8792

Regardless of whether the prisoner was sentenced to the	8793
prison term prior to, on, or after July 11, 2006, prior to the	8794
release of a prisoner for whom it will impose one or more	8795
post-release control sanctions under this division, the parole	8796
board shall notify the prisoner that, if the prisoner violates	8797
any sanction so imposed or any condition of post-release control	8798
described in division (B) of section 2967.131 of the Revised Code	8799
that is imposed on the prisoner, the parole board may impose a	8800
prison term of up to one-half of the stated prison term	8801
originally imposed upon the prisoner.	8802

(2) If a prisoner who is placed on post-release control under	8803
this section is released before the expiration of the prisoner's	8804
stated prison term by reason of credit earned under section	8805
2967.193 of the Revised Code and if the prisoner earned sixty or	8806
more days of credit, the adult parole authority shall supervise	8807
the offender with an active global positioning system device for	8808
the first fourteen days after the offender's release from	8809
imprisonment. This division does not prohibit or limit the	8810
imposition of any post-release control sanction otherwise	8811
authorized by this section.	8812

(3) At any time after a prisoner is released from	8813
imprisonment and during the period of post-release control	8814
applicable to the releasee, the adult parole authority or,	8815
pursuant to an agreement under section 2967.29 of the Revised	8816
Code, the court may review the releasee's behavior under the	8817
post-release control sanctions imposed upon the releasee under	8818
this section. The authority or court may determine, based upon the	8819
review and in accordance with the standards established under	8820
division (E) of this section, that a more restrictive or a less	8821
restrictive sanction is appropriate and may impose a different	8822
sanction. The authority also may recommend that the parole board	8823
or court increase or reduce the duration of the period of	8824
post-release control imposed by the court. If the authority	8825
recommends that the board or court increase the duration of	8826
post-release control, the board or court shall review the	8827
releasee's behavior and may increase the duration of the period	8828
of post-release control imposed by the court up to eight years.	8829
If the authority recommends that the board or court reduce the	8830
duration of control for an offense described in division (B) or	8831
(C) of this section, the board or court shall review the	8832
releasee's behavior and may reduce the duration of the period of	8833
control imposed by the court. In no case shall the board or court	8834
reduce the duration of the period of control imposed for an	8835
offense described in division (B)(1) of this section to a period	8836
less than the length of the stated prison term originally imposed,	8837
and in no case shall the board or court permit the releasee to	8838
leave the state without permission of the court or the releasee's	8839
parole or probation officer.	8840

(E) The department of rehabilitation and correction, in	8841
accordance with Chapter 119. of the Revised Code, shall adopt	8842
rules that do all of the following:	8843

(1) Establish standards for the imposition by the parole	8844
board of post-release control sanctions under this section that	8845
are consistent with the overriding purposes and sentencing	8846
principles set forth in section 2929.11 of the Revised Code and	8847
that are appropriate to the needs of releasees;	8848

(2) Establish standards by which the parole board can	8849
determine which prisoners described in division (C) of this	8850
section should be placed under a period of post-release control;	8851

(3) Establish standards to be used by the parole board in	8852
reducing the duration of the period of post-release control	8853
imposed by the court when authorized under division (D) of this	8854
section, in imposing a more restrictive post-release control	8855
sanction than monitored time upon a prisoner convicted of a felony	8856
of the fourth or fifth degree other than a felony sex offense, or	8857
in imposing a less restrictive control sanction upon a releasee	8858
based on the releasee's activities including, but not limited to,	8859
remaining free from criminal activity and from the abuse of	8860
alcohol or other drugs, successfully participating in approved	8861
rehabilitation programs, maintaining employment, and paying	8862
restitution to the victim or meeting the terms of other financial	8863
sanctions;	8864

(4) Establish standards to be used by the adult parole	8865
authority in modifying a releasee's post-release control sanctions	8866
pursuant to division (D)(2) of this section;	8867

(5) Establish standards to be used by the adult parole	8868
authority or parole board in imposing further sanctions under	8869
division (F) of this section on releasees who violate post-release	8870
control sanctions, including standards that do the following:	8871

(a) Classify violations according to the degree of	8872
seriousness;	8873

(b) Define the circumstances under which formal action by the	8874
parole board is warranted;	8875

8876

(d) Ensure procedural due process to an alleged violator;

8877

(e) Prescribe nonresidential community control sanctions for	8878
most misdemeanor and technical violations;	8879

(f) Provide procedures for the return of a releasee to	8880
imprisonment for violations of post-release control.	8881

(F)(1) Whenever the parole board imposes one or more	8882
post-release control sanctions upon an offender under this	8883
section, the offender upon release from imprisonment shall be	8884
under the general jurisdiction of the adult parole authority and	8885
generally shall be supervised by the field services section	8886
through its staff of parole and field officers as described in	8887
section 5149.04 of the Revised Code, as if the offender had been	8888
placed on parole. If the offender upon release from imprisonment	8889
violates the post-release control sanction or any conditions	8890
described in division (A) of section 2967.131 of the Revised Code	8891
that are imposed on the offender, the public or private person or	8892
entity that operates or administers the sanction or the program or	8893
activity that comprises the sanction shall report the violation	8894
directly to the adult parole authority or to the officer of the	8895
authority who supervises the offender. The authority's officers	8896
may treat the offender as if the offender were on parole and in	8897
violation of the parole, and otherwise shall comply with this	8898
section.	8899

(2) If the adult parole authority or, pursuant to an	8900
agreement under section 2967.29 of the Revised Code, the court	8901
determines that a releasee has violated a post-release control	8902
sanction or any conditions described in division (A) of section	8903
2967.131 of the Revised Code imposed upon the releasee and that a	8904
more restrictive sanction is appropriate, the authority or court	8905
may impose a more restrictive sanction upon the releasee, in	8906
accordance with the standards established under division (E) of	8907
this section or in accordance with the agreement made under	8908
section 2967.29 of the Revised Code, or may report the violation	8909
to the parole board for a hearing pursuant to division (F)(3) of	8910
this section. The authority or court may not, pursuant to this	8911
division, increase the duration of the releasee's post-release	8912
control or impose as a post-release control sanction a	8913
residential sanction that includes a prison term, but the	8914
authority or court may impose on the releasee any other	8915
residential sanction, nonresidential sanction, or financial	8916
sanction that the sentencing court was authorized to impose	8917
pursuant to sections 2929.16, 2929.17, and 2929.18 of the Revised	8918
Code.	8919

(3) The parole board or, pursuant to an agreement under	8920
section 2967.29 of the Revised Code, the court may hold a hearing	8921
on any alleged violation by a releasee of a post-release control	8922
sanction or any conditions described in division (A) of section	8923
2967.131 of the Revised Code that are imposed upon the releasee.	8924
If after the hearing the board or court finds that the releasee	8925
violated the sanction or condition, the board or court may	8926
increase the duration of the releasee's post-release control up to	8927
the maximum duration authorized by division (B) or (C) of this	8928
section or impose a more restrictive post-release control	8929
sanction. When appropriate, the board or court may impose as a	8930
post-release control sanction a residential sanction that includes	8931
a prison term. The board or court shall consider a prison term as	8932
a post-release control sanction imposed for a violation of	8933
post-release control when the violation involves a deadly weapon	8934
or dangerous ordnance, physical harm or attempted serious physical	8935
harm to a person, or sexual misconduct, or when the releasee	8936
committed repeated violations of post-release control sanctions.	8937
Unless a releasee's stated prison term was reduced pursuant to	8938
section 5120.032 of the Revised Code, the period of a prison term	8939
that is imposed as a post-release control sanction under this	8940
division shall not exceed nine months, and the maximum cumulative	8941
prison term for all violations under this division shall not	8942
exceed one-half of the stated prison term originally imposed upon	8943
the offender as part of this sentence. If a releasee's stated	8944
prison term was reduced pursuant to section 5120.032 of the	8945
Revised Code, the period of a prison term that is imposed as a	8946
post-release control sanction under this division and the maximum	8947
cumulative prison term for all violations under this division	8948
shall not exceed the period of time not served in prison under the	8949
sentence imposed by the court. The period of a prison term that is	8950
imposed as a post-release control sanction under this division	8951
shall not count as, or be credited toward, the remaining period of	8952
post-release control.	8953

If an offender is imprisoned for a felony committed while	8954
under post-release control supervision and is again released on	8955
post-release control for a period of time determined by division	8956
(F)(4)(d) of this section, the maximum cumulative prison term for	8957
all violations under this division shall not exceed one-half of	8958
the total stated prison terms of the earlier felony, reduced by	8959
any prison term administratively imposed by the parole board or	8960
court, plus one-half of the total stated prison term of the new	8961
felony.	8962

(4) Any period of post-release control shall commence upon an	8963
offender's actual release from prison. If an offender is serving	8964
an indefinite prison term or a life sentence in addition to a	8965
stated prison term, the offender shall serve the period of	8966
post-release control in the following manner:	8967

(a) If a period of post-release control is imposed upon the	8968
offender and if the offender also is subject to a period of parole	8969
under a life sentence or an indefinite sentence, and if the period	8970
of post-release control ends prior to the period of parole, the	8971
offender shall be supervised on parole. The offender shall receive	8972
credit for post-release control supervision during the period of	8973
parole. The offender is not eligible for final release under	8974
section 2967.16 of the Revised Code until the post-release control	8975
period otherwise would have ended.	8976

(b) If a period of post-release control is imposed upon the	8977
offender and if the offender also is subject to a period of parole	8978
under an indefinite sentence, and if the period of parole ends	8979
prior to the period of post-release control, the offender shall be	8980
supervised on post-release control. The requirements of parole	8981
supervision shall be satisfied during the post-release control	8982
period.	8983

(c) If an offender is subject to more than one period of	8984
post-release control, the period of post-release control for all	8985
of the sentences shall be the period of post-release control that	8986
expires last, as determined by the parole board or court. Periods	8987
of post-release control shall be served concurrently and shall not	8988
be imposed consecutively to each other.	8989

(d) The period of post-release control for a releasee who	8990
commits a felony while under post-release control for an earlier	8991
felony shall be the longer of the period of post-release control	8992
specified for the new felony under division (B) or (C) of this	8993
section or the time remaining under the period of post-release	8994
control imposed for the earlier felony as determined by the parole	8995
board or court.	8996

Sec. 2981.07. (A) No person shall destroy, damage, remove,	8997
or transfer property that is subject to forfeiture or otherwise	8998
take any action in regard to property that is subject to	8999
forfeiture with purpose to do any of the following:	9000

(1) Prevent or impair the state's or political subdivision's	9001
lawful authority to take the property into its custody or control	9002
under this chapter or to continue holding the property under its	9003
lawful custody or control;	9004

(2) Impair or defeat the court's continuing jurisdiction over	9005
the person and property;	9006

(3) Devalue property that the person knows, or has reasonable	9007
cause to believe, is subject to forfeiture proceedings under this	9008
chapter.	9009

(B)(1) Whoever violates this section is guilty of	9010
interference with or diminishing forfeitable property.	9011

(2) Except as otherwise provided in divisions (B)(3), (4),	9012
and (5) of this section, interference with or diminishing	9013
forfeitable property is a misdemeanor of the first degree.	9014

(3) If the value of the property is ~~five hundred~~one thousand	9015
dollars or more but less than ~~five~~seven thousand five hundred	9016
dollars, interference with or diminishing forfeitable property	9017
is a felony of the fifth degree.	9018

(4) If the value of the property is ~~five~~seven thousand five	9019
hundred dollars or more but less than one hundred fifty thousand	9020
dollars, interference with or diminishing forfeitable property	9021
is a felony of the fourth degree.	9022

(5) If the value of the property is one hundred fifty	9023
thousand dollars or more, interference with or diminishing	9024
forfeitable property is a felony of the third degree.	9025

Sec. 4507.51. (A)(1) Every application for an	9026
identification card or duplicate shall be made on a form	9027
furnished by the registrar of motor vehicles, shall be signed by	9028
the applicant, and by the applicant's parent or guardian if the	9029
applicant is under eighteen years of age, and shall contain the	9030
following information pertaining to the applicant: name, date of	9031
birth, sex, general description including the applicant's height,	9032
weight, hair color, and eye color, address, and social security	9033
number. The application also shall state whether an applicant	9034
wishes to certify willingness to make an anatomical gift under	9035
section 2108.05 of the Revised Code and shall include information	9036
about the requirements of sections 2108.01 to 2108.29 of the	9037
Revised Code that apply to persons who are less than eighteen	9038
years of age. The statement regarding willingness to make such a	9039
donation shall be given no consideration in the decision of	9040
whether to issue an identification card. Each applicant shall be	9041
photographed in color at the time of making application.	9042

(2)(a) The application also shall state whether the applicant	9043
has executed a valid durable power of attorney for health care	9044
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	9045
executed a declaration governing the use or continuation, or the	9046
withholding or withdrawal, of life-sustaining treatment pursuant	9047
to sections 2133.01 to 2133.15 of the Revised Code and, if the	9048
applicant has executed either type of instrument, whether the	9049
applicant wishes the identification card issued to indicate that	9050
the applicant has executed the instrument.	9051

(b) On and after October 7, 2009, the application also shall	9052
state whether the applicant is a veteran, active duty, or	9053
reservist of the armed forces of the United States and, if the	9054
applicant is such, whether the applicant wishes the	9055
identification card issued to indicate that the applicant is a	9056
veteran, active duty, or reservist of the armed forces of the	9057
United States by a military designation on the identification	9058
card.	9059

(3) The registrar or deputy registrar, in accordance with	9060
section 3503.11 of the Revised Code, shall register as an elector	9061
any person who applies for an identification card or duplicate if	9062
the applicant is eligible and wishes to be registered as an	9063
elector. The decision of an applicant whether to register as an	9064
elector shall be given no consideration in the decision of whether	9065
to issue the applicant an identification card or duplicate.	9066

(B) The application for an identification card or duplicate	9067
shall be filed in the office of the registrar or deputy registrar.	9068
Each applicant shall present documentary evidence as required by	9069
the registrar of the applicant's age and identity, and the	9070
applicant shall swear that all information given is true. An	9071
identification card issued by the department of rehabilitation and	9072
correction under section 5120.59 of the Revised Code shall be	9073
sufficient documentary evidence under this division upon	9074
verification of the applicant's social security number by the	9075
registrar or a deputy registrar. Upon issuing an identification	9076
card under this section for a person who has been issued an	9077
identification card under section 5120.59 of the Revised Code,	9078
the registrar or deputy registrar shall destroy the	9079
identification card issued under section 5120.59 of the Revised	9080
Code.	9081

All applications for an identification card or duplicate	9082
shall be filed in duplicate, and if submitted to a deputy	9083
registrar, a copy shall be forwarded to the registrar. The	9084
registrar shall prescribe rules for the manner in which a deputy	9085
registrar is to file and maintain applications and other records.	9086
The registrar shall maintain a suitable, indexed record of all	9087
applications denied and cards issued or canceled.	9088

(C) In addition to any other information it contains, on and	9089
after the date that is fifteen months after the effective date of	9090
this amendment, the form furnished by the registrar of motor	9091
vehicles for an application for an identification card or	9092
duplicate shall inform applicants that the applicant must present	9093
a copy of the applicant's DD-214 or an equivalent document in	9094
order to qualify to have the card or duplicate indicate that the	9095
applicant is an honorably discharged veteran of the armed forces	9096
of the United States based on a request made pursuant to division	9097
(A)(2)(b) of this section.	9098

Sec. 5120.035. (A) As used in this section:

9099

(1) "Alcohol and drug addiction services" has the same	9100
meaning as in section 3793.01 of the Revised Code.	9101

(2) "Second Chance Act" means the "Second Chance Act of 2007:	9102
Community Safety Through Recidivism Prevention," 122 Stat. 657, 42	9103
U.S.C. 17501, et seq., as now or hereafter amended.	9104

(B) The department of rehabilitation and correction, together	9105
with the department of alcohol and drug addiction services as the	9106
single state authority for alcohol and drug addiction services,	9107
shall develop an implementation plan related to any funding	9108
approved by the bureau of justice assistance of the United States	9109
department of justice through the Second Chance Act related to	9110
reentry of offenders into the community. The department of	9111
rehabilitation and correction, together with the department of	9112
alcohol and drug addiction services, shall develop the plan not	9113
later than ninety days after either of the departments is notified	9114
by the United States department of justice that this state will	9115
receive funding through the Second Chance Act. The implementation	9116
plan shall include, but is not limited to, all of the following:	9117

(1) A process and funding system for the reentry of offenders	9118
seeking alcohol and drug addiction services;	9119

(2) The planning, development, implementation, outcomes,	9120
monitoring, regulation, and evaluation of a statewide system for	9121
clinically appropriate alcohol and drug addiction services.	9122

Sec. 5120.07. (A) There is hereby created the ex-offender	9123
reentry coalition consisting of the following seventeen members or	9124
their designees:	9125

(1) The director of rehabilitation and correction;

9126

(2) The director of aging;

9127

(3) The director of alcohol and drug addiction services;

9128

(4) The director of development;

9129

(5) The superintendent of public instruction;

9130

(6) The director of health;

9131

(7) The director of job and family services;

9132

(8) The director of mental health;

9133

(9) The director of mental retardation and developmental	9134
disabilities;	9135

(10) The director of public safety;

9136

(11) The director of youth services;

9137

(12) The chancellor of the Ohio board of regents;

9138

(13) ~~The director~~A representative or member of the	9139
governor's ~~office of external affairs and economic opportunity~~	9140
staff;	9141

(14) ~~The director of the governor's office of faith-based and~~	9142
~~community initiatives;~~	9143

~~(15)~~ The director of the rehabilitation services commission;

9144

~~(16)~~(15) The director of the department of commerce;

9145

~~(17)~~(16) The executive director of a health care licensing	9146
board created under Title XLVII of the Revised Code, as appointed	9147
by the chairperson of the coalition;	9148

(17) The director of veterans services.

9149

(B) The members of the coalition shall serve without	9150
compensation. The director of rehabilitation and correction or the	9151
director's designee shall be the chairperson of the coalition.	9152

(C) In consultation with persons interested and involved in	9153
the reentry of ex-offenders into the community, including but not	9154
limited to, service providers, community-based organizations, and	9155
local governments, the coalition shall identify and examine social	9156
service barriers and other obstacles to the reentry of	9157
ex-offenders into the community. Not later than one year after ~~the~~	9158
~~effective date of this act~~April 7, 2009, and on or before the	9159
same date of each year thereafter, the coalition shall submit to	9160
the speaker of the house of representatives and the president of	9161
the senate a report, including recommendations for legislative	9162
action, the activities of the coalition, and the barriers	9163
affecting the successful reentry of ex-offenders into the	9164
community. The report shall analyze the effects of those	9165
barriers on ex-offenders and on their children and other family	9166
members in various areas, including but not limited to, the	9167
following:	9168

(1) Admission to public and other housing;

9169

(2) Child support obligations and procedures;

9170

(3) Parental incarceration and family reunification;

9171

(4) Social security benefits, veterans' benefits, food	9172
stamps, and other forms of public assistance;	9173

(5) Employment;

9174

(6) Education programs and financial assistance;

9175

(7) Substance abuse, mental health, and sex offender	9176
treatment programs and financial assistance;	9177

(8) Civic and political participation;

9178

(9) Other collateral consequences under the Revised Code or	9179
the Ohio administrative code law that may result from a criminal	9180
conviction.	9181

Sec. 5120.10. (A)(1) The director of rehabilitation and	9182
correction, by rule, shall promulgate minimum standards for jails	9183
in Ohio, including minimum security jails dedicated under section	9184
341.34 or 753.21 of the Revised Code. Whenever the director files	9185
a rule or an amendment to a rule in final form with both the	9186
secretary of state and the director of the legislative service	9187
commission pursuant to section 111.15 of the Revised Code, the	9188
director of rehabilitation and correction promptly shall send a	9189
copy of the rule or amendment, if the rule or amendment pertains	9190
to minimum jail standards, by ordinary mail to the political	9191
subdivisions or affiliations of political subdivisions that	9192
operate jails to which the standards apply.	9193

(2) The rules promulgated in accordance with division (A)(1)	9194
of this section shall serve as criteria for the investigative and	9195
supervisory powers and duties vested by division (D) of this	9196
section in the division of parole and community services of the	9197
department of rehabilitation and correction or in another division	9198
of the department to which those powers and duties are assigned.	9199

(B) The director may initiate an action in the court of	9200
common pleas of the county in which a facility that is subject to	9201
the rules promulgated under division (A)(1) of this section is	9202
situated to enjoin compliance with the minimum standards for jails	9203
or with the minimum standards and minimum renovation,	9204
modification, and construction criteria for minimum security	9205
jails.	9206

(C) Upon the request of an administrator of a jail facility,	9207
the chief executive of a municipal corporation, or a board of	9208
county commissioners, the director of rehabilitation and	9209
correction or the director's designee shall grant a variance from	9210
the minimum standards for jails in Ohio for a facility that is	9211
subject to one of those minimum standards when the director	9212
determines that strict compliance with the minimum standards would	9213
cause unusual, practical difficulties or financial hardship, that	9214
existing or alternative practices meet the intent of the minimum	9215
standards, and that granting a variance would not seriously affect	9216
the security of the facility, the supervision of the inmates, or	9217
the safe, healthful operation of the facility. If the director or	9218
the director's designee denies a variance, the applicant may	9219
appeal the denial pursuant to section 119.12 of the Revised Code.	9220

(D) The following powers and duties shall be exercised by the	9221
division of parole and community services unless assigned to	9222
another division by the director:	9223

(1) The investigation and supervision of county and municipal	9224
jails, workhouses, minimum security jails, and other correctional	9225
institutions and agencies;	9226

(2) The review and approval of plans submitted to the	9227
department of rehabilitation and correction pursuant to division	9228
(E) of this section;	9229

(3) The management and supervision of the adult parole	9230
authority created by section 5149.02 of the Revised Code;	9231

(4) The review and approval of proposals for community-based	9232
correctional facilities and programs and district community-based	9233
correctional facilities and programs that are submitted pursuant	9234
to division (B) of section 2301.51 of the Revised Code;	9235

(5) The distribution of funds made available to the division	9236
for purposes of assisting in the renovation, maintenance, and	9237
operation of community-based correctional facilities and programs	9238
and district community-based correctional facilities and programs	9239
in accordance with section 5120.112 of the Revised Code;	9240

(6) The performance of the duty imposed upon the department	9241
of rehabilitation and correction in section 5149.31 of the Revised	9242
Code to establish and administer a program of subsidies to	9243
eligible municipal corporations, counties, and groups of	9244
contiguous counties for the development, implementation, and	9245
operation of community-based corrections programs;	9246

(7) Licensing halfway houses and community residential	9247
centers for the care and treatment of adult offenders in	9248
accordance with section 2967.14 of the Revised Code;	9249

(8) Contracting with a public or private agency or a	9250
department or political subdivision of the state that operates a	9251
licensed halfway house or community residential center for the	9252
provision of housing, supervision, and other services to parolees,	9253
releasees, persons placed under a residential sanction, persons	9254
under transitional control, and other eligible offenders in	9255
accordance with section 2967.14 of the Revised Code.	9256

Other powers and duties may be assigned by the director of	9257
rehabilitation and correction to the division of parole and	9258
community services. This section does not apply to the department	9259
of youth services or its institutions or employees.	9260

(E) No plan for any new jail, workhouse, or lockup, and no	9261
plan for a substantial addition or alteration to an existing jail,	9262
workhouse, or lockup, shall be adopted unless the officials	9263
responsible for adopting the plan have submitted the plan to the	9264
department of rehabilitation and correction for approval, and the	9265
department has approved the plan as provided in division (D)(2) of	9266
this section.	9267

(F) The division of parole and community services shall	9268
review, approve, and certify proposals for community	9269
alternative sentencing centers and district community	9270
alternative sentencing centers that are submitted pursuant to	9271
section 307.932 of the Revised Code.	9272

Sec. 5120.111. With respect to community-based correctional	9273
facilities and programs and district community-based correctional	9274
facilities and programs authorized under section 2301.51 of the	9275
Revised Code and to community alternative sentencing centers and	9276
district community alternative sentencing centers authorized	9277
under section 307.932 of the Revised Code, the department of	9278
rehabilitation and correction shall do all of the following:	9279

(A) Adopt rules, under Chapter 119. of the Revised Code, that	9280
serve as criteria for the operation of community-based	9281
correctional facilities and programs and district community-based	9282
correctional facilities and programs approved in accordance with	9283
sections 2301.51 and 5120.10 of the Revised Code;	9284

(B) Adopt rules, under Chapter 119. of the Revised Code,	9285
governing the procedures for the submission of proposals for the	9286
establishment of community-based correctional facilities and	9287
programs and district community-based correctional facilities and	9288
programs to the division of parole and community services under	9289
division (B) of section 2301.51 of the Revised Code or for the	9290
establishment and operation of community alternative sentencing	9291
centers and district community alternative sentencing centers	9292
under section 307.932 of the Revised Code and adopt rules under	9293
Chapter 119. of the Revised Code that establish certification	9294
guidelines for community alternative sentencing centers and	9295
district community alternative sentencing centers under section	9296
307.932 of the Revised Code;	9297

(C) Prescribe forms that are to be used by facility governing	9298
boards of community-based correctional facilities and programs and	9299
district community-based correctional facilities and programs in	9300
making application for state financial assistance under section	9301
2301.56 of the Revised Code;	9302

(D) Adopt rules, under Chapter 119. of the Revised Code, that	9303
prescribe the standards of operation for the facilities and	9304
programs that must be satisfied for ~~the~~community-based	9305
correctional facilities and programs and district community-based	9306
correctional facilities and programs to be eligible for state	9307
financial assistance;	9308

(E) Through the division of parole and community services,	9309
accept and review proposals for the establishment of ~~the~~	9310
community-based correctional facilities and programs and district	9311
community-based correctional facilities and programs and approve	9312
those proposals that satisfy the minimum requirements contained in	9313
section 2301.52 of the Revised Code; and administer the program	9314
for state financial assistance to the facilities and programs in	9315
accordance with section 5120.112 of the Revised Code;	9316

(F) Accept, through the division of parole and community	9317
services, and review proposals for the establishment and	9318
operation of community alternative sentencing centers and	9319
district community alternative sentencing centers and approve	9320
and certify those proposals that satisfy the requirements	9321
contained in section 307.932 of the Revised Code.	9322

Sec. 5120.113. (A) For each inmate committed to the	9323
department of rehabilitation and correction, except as provided	9324
in division (B) of this section, the department shall prepare a	9325
written reentry plan for the inmate to help guide the inmate's	9326
rehabilitation program during imprisonment, to assist in the	9327
inmate's reentry into the community, and to assess the inmate's	9328
needs upon release.	9329

(B) Division (A) of this section does not apply to an inmate	9330
who has been sentenced to life imprisonment without parole or who	9331
has been sentenced to death. Division (A) of this section does not	9332
apply to any inmate who is expected to be imprisoned for thirty	9333
days or less, but the department may prepare a written reentry	9334
plan of the type described in that division if the department	9335
determines that the plan is needed.	9336

(C) The department may collect, if available, any social and	9337
other information that will aid in the preparation of reentry	9338
plans under this section.	9339

(D) In the event the department does not prepare a written	9340
reentry plan as specified in division (A) of this section, or	9341
makes a decision to not prepare a written reentry plan under	9342
division (B) of this section or to not collect information under	9343
division (C) of this section, that fact does not give rise to a	9344
claim for damages against the state, the department, the director	9345
of the department, or any employee of the department.	9346

Sec. 5120.59. Before a prisoner is released from a state	9347
correctional institution, the department of rehabilitation and	9348
correction shall attempt to verify the prisoner's identification	9349
and social security number. If the department is not able to	9350
verify the prisoner's identification and social security number,	9351
if the prisoner has no other documentary evidence required by the	9352
registrar of motor vehicles for the issuance of an identification	9353
card under section 4507.50 of the Revised Code, and if the	9354
department determines that the prisoner is legally living in the	9355
United States, the department shall issue to the prisoner upon	9356
the prisoner's release an identification card that the prisoner	9357
may present to the registrar or a deputy registrar of motor	9358
vehicles ~~to obtain an identification card under section 4507.50~~	9359
~~of the Revised Code. The director of rehabilitation and~~	9360
~~correction may adopt rules for the implementation of this~~	9361
~~section~~.	9362

Sec. 5120.60. (A) There is hereby created in the division of	9363
parole and community services the office of ~~victims'~~victim	9364
services.	9365

(B) The office shall provide assistance to victims of crime,	9366
victims' representatives designated under section 2930.02 of the	9367
Revised Code, and members of the victim's family. The assistance	9368
shall include, but not be limited to, providing information about	9369
the policies and procedures of the department of rehabilitation	9370
and correction and the status of offenders under the department's	9371
jurisdiction.	9372

(C) The office shall also make available publications that	9373
will assist victims in contacting staff of the department about	9374
problems with offenders under the supervision of the adult parole	9375
authority or confined in state correctional institutions under the	9376
department's jurisdiction.	9377

(D) The office shall employ a ~~victims~~victim coordinator who	9378
shall administer the office's functions. The ~~victims~~victim	9379
coordinator shall be in the unclassified civil service and report	9380
directly to the chief of the division.	9381

(E) The office shall also employ at least three persons in	9382
the unclassified civil service whose primary duties shall be to	9383
help parole board hearing officers identify victims' issues and to	9384
make recommendations to the parole board in accordance with rules	9385
adopted by the department. ~~The member of the parole board~~	9386
~~appointed pursuant to division (B) of section 5149.10 of the~~	9387
~~Revised Code shall approve the hiring of the employees of the~~	9388
~~office.~~	9389

(F) The office shall coordinate its activities with the	9390
member of the parole board appointed pursuant to division (B) of	9391
section 5149.10 of the Revised Code. The ~~victims~~victim	9392
coordinator and other employees of the office shall have full	9393
access to records of prisoners under the department's	9394
jurisdiction.	9395

(G) Information provided to the office of victim services by	9396
victims of crime or a victim representative designated under	9397
section 2930.02 of the Revised Code for the purpose of program	9398
participation, of receiving services, or to communicate acts of an	9399
inmate or person under the supervision of the adult parole	9400
authority that threaten the safety and security of the victim	9401
shall be confidential and is not a public record under section	9402
149.43 of the Revised Code.	9403

(H)(1) If a person who was convicted of or pleaded guilty to	9404
an offense of violence that is a felony escapes from a	9405
correctional institution under the control of the department of	9406
rehabilitation and correction or otherwise escapes from the	9407
custody of the department, the office of victim services shall	9408
notify each victim of the offense or offenses committed by that	9409
person of that person's escape and, if applicable, of that	9410
person's subsequent apprehension. The office shall give this	9411
notice as soon as practicable after the escape and the office	9412
identifies and locates the victim. The office shall give this	9413
notice to each victim of the escaped person, regardless of whether	9414
the victim is registered for notification with the office, unless	9415
the victim has specifically notified the office that the victim	9416
does not wish to be notified regarding the person.	9417

The office may give the notice required by this division by	9418
telephone, in person, or by e-mail or other electronic means. If	9419
the office cannot locate a victim to whom notice is to be	9420
provided under this division, the office shall send the notice in	9421
writing to the last known address of that victim.	9422

(2) If a person escapes as described in division (H)(1) of	9423
this section, the office of victim services may request assistance	9424
from the prosecuting attorney of the county in which the person	9425
was convicted of or pleaded guilty to the offense in identifying	9426
and locating the victim of the offense.	9427

(I) Any reference in any Revised Code section other than this	9428
section to the "office of victims' services" of the division of	9429
parole and community services or of the department of	9430
rehabilitation and correction shall be construed as being a	9431
reference to, and meaning, the office of victim services created	9432
by division (A) of this section.	9433

(J) As used in this section, "crime," "member of the victim's	9434
family," and "victim" have the meanings given in section 2930.01	9435
of the Revised Code.	9436

Sec. 5120.66. (A) Within ninety days after November 23,	9437
2005, but not before January 1, 2006, the department of	9438
rehabilitation and correction shall establish and operate on the	9439
internet a database that contains all of the following:	9440

(1) For each inmate in the custody of the department under a	9441
sentence imposed for a conviction of or plea of guilty to any	9442
offense, all of the following information:	9443

(a) The inmate's name;

9444

(b) For each offense for which the inmate was sentenced to a	9445
prison term or term of imprisonment and is in the department's	9446
custody, the name of the offense, the Revised Code section of	9447
which the offense is a violation, the gender of each victim of the	9448
offense if those facts are known, whether each victim of the	9449
offense was an adult or child if those facts are known, the range	9450
of the possible prison terms or term of imprisonment that could	9451
have been imposed for the offense, the actual prison term or term	9452
of imprisonment imposed for the offense, the county in which the	9453
offense was committed, the date on which the inmate began serving	9454
the prison term or term of imprisonment imposed for the offense,	9455
and either the date on which the inmate will be eligible for	9456
parole relative to the offense if the prison term or term of	9457
imprisonment is an indefinite term or life term or the date on	9458
which the term ends if the prison term is a definite term;	9459

(c) All of the following information that is applicable	9460
regarding the inmate:	9461

(i) If known to the department prior to the conduct of any	9462
hearing for judicial release of the defendant pursuant to section	9463
2929.20 of the Revised Code in relation to any prison term or term	9464
of imprisonment the inmate is serving for any offense or any	9465
hearing for release of the defendant pursuant to section 2967.19	9466
of the Revised Code in relation to any such term, notice of the	9467
fact that the inmate will be having a hearing regarding a	9468
possible grant of judicial release or release, the date of the	9469
hearing, and the right of any person pursuant to division (J) of	9470
~~that~~ section 2929.20 or division (G) of section 2967.19 of the	9471
Revised Code, whichever is applicable, to submit to the court a	9472
written statement regarding the possible judicial release;or	9473
release. The department also shall post notice of the filing of	9474
any petition for release of the inmate pursuant to section 2967.19	9475
of the Revised Code, as required by division (D) of that section.	9476

(ii) If the inmate is serving a prison term pursuant to	9477
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	9478
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	9479
Code, prior to the conduct of any hearing pursuant to section	9480
2971.05 of the Revised Code to determine whether to modify the	9481
requirement that the inmate serve the entire prison term in a	9482
state correctional facility in accordance with division (C) of	9483
that section, whether to continue, revise, or revoke any existing	9484
modification of that requirement, or whether to terminate the	9485
prison term in accordance with division (D) of that section,	9486
notice of the fact that the inmate will be having a hearing	9487
regarding those determinations and of the date of the hearing;	9488

(iii) At least three weeks before the adult parole authority	9489
recommends a pardon or commutation of sentence for the inmate or	9490
at least three weeks prior to a hearing before the adult parole	9491
authority regarding a grant of parole to the inmate in relation to	9492
any prison term or term of imprisonment the inmate is serving for	9493
any offense, notice of the fact that the inmate might be under	9494
consideration for a pardon or commutation of sentence or will be	9495
having a hearing regarding a possible grant of parole, of the date	9496
of any hearing regarding a possible grant of parole, and of the	9497
right of any person to submit a written statement regarding the	9498
pending action;	9499

(iv) At least three weeks before the inmate is transferred to	9500
transitional control under section 2967.26 of the Revised Code	9501
in relation to any prison term or term of imprisonment the	9502
inmate is serving for any offense, notice of the pendency of the	9503
transfer, of the date of the possible transfer, and of the right	9504
of any person to submit a statement regarding the possible	9505
transfer;	9506

(v) Prompt notice of the inmate's escape from any facility in	9507
which the inmate was incarcerated and of the capture of the inmate	9508
after an escape;	9509

(vi) Notice of the inmate's death while in confinement;

9510

(vii) Prior to the release of the inmate from confinement,	9511
notice of the fact that the inmate will be released, of the date	9512
of the release, and, if applicable, of the standard terms and	9513
conditions of the release;	9514

(viii) Notice of the inmate's judicial release pursuant to	9515
section 2929.20 of the Revised Code or release pursuant to section	9516
2967.19 of the Revised Code.	9517

(2) Information as to where a person can send written	9518
statements of the types referred to in divisions (A)(1)(c)(i),	9519
(iii), and (iv) of this section.	9520

(B)(1) The department shall update the database required	9521
under division (A) of this section every twenty-four hours to	9522
ensure that the information it contains is accurate and current.	9523

(2) The database required under division (A) of this section	9524
is a public record open for inspection under section 149.43 of the	9525
Revised Code. The department shall make the database searchable by	9526
inmate name and by the county and zip code where the offender	9527
intends to reside after release from a state correctional	9528
institution if this information is known to the department.	9529

(3) The database required under division (A) of this section	9530
may contain information regarding inmates who are listed in the	9531
database in addition to the information described in that	9532
division.	9533

(4) No information included on the database required under	9534
division (A) of this section shall identify or enable the	9535
identification of any victim of any offense committed by an	9536
inmate.	9537

(C) The failure of the department to comply with the	9538
requirements of division (A) or (B) of this section does not give	9539
any rights or any grounds for appeal or post-conviction relief to	9540
any inmate.	9541

(D) This section, and the related provisions of sections	9542
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted	9543
in the act in which this section was enacted, shall be known as	9544
"Laura's Law."	9545

Sec. 5149.01. As used in Chapter 5149. of the Revised Code:

9546

(A) "Authority" means the adult parole authority created by	9547
section 5149.02 of the Revised Code.	9548

(B) "State correctional institution," "pardon,"	9549
"commutation," "reprieve," "parole," "head of a state correctional	9550
institution," "convict," "prisoner," "parolee," "final release,"	9551
and "parole violator" have the same meanings as in section 2967.01	9552
of the Revised Code.	9553

(C) "Full board hearing" means a parole board hearing	9554
conducted by a ~~minimum~~majority of ~~seven~~ parole board members as	9555
described in section 5149.101 of the Revised Code.	9556

Sec. 5149.10. (A)(1) The parole board shall consist of up	9557
to twelve members, one of whom shall be designated as chairperson	9558
by the director of the department of rehabilitation and correction	9559
and who shall continue as chairperson until a successor is	9560
designated, and any other personnel that are necessary for the	9561
orderly performance of the duties of the board. In addition to the	9562
rules authorized by section 5149.02 of the Revised Code, the chief	9563
of the adult parole authority, subject to the approval of the	9564
chief of the division of parole and community services and subject	9565
to this section, shall adopt rules governing the proceedings of	9566
the parole board. The rules shall provide for the convening of	9567
full board hearings, the procedures to be followed in full board	9568
hearings, and general procedures to be followed in other hearings	9569
of the board and by the board's hearing officers. The rules also	9570
shall require agreement by a majority of all the board members to	9571
any recommendation of clemency transmitted to the governor.	9572

(2) When the board members sit as a full board, the	9573
chairperson shall preside. The chairperson shall also allocate the	9574
work of the parole board among the board members. The full board	9575
shall meet at least once each month. In the case of a tie vote on	9576
the full board, the chief of the adult parole authority shall	9577
cast the deciding vote. The chairperson may designate a person to	9578
serve in the chairperson's place.	9579

(3)(a) Except for the chairperson, except for the member	9580
appointed under division (B) of this section, and except as	9581
otherwise provided in division (A)(3)(b) of this section, a	9582
member appointed to the parole board shall be appointed to a	9583
six-year term. A member shall hold office from the date of	9584
appointment until the end of the term for which the member was	9585
appointed. A member is eligible for reappointment for another	9586
six-year term that may or may not be consecutive to the first	9587
six-year term. A member is not eligible for reappointment after	9588
serving two six-year terms whether or not served consecutively.	9589
Vacancies shall be filled in the same manner provided for	9590
original appointments. Any member appointed under this division	9591
to fill a vacancy occurring prior to the expiration date of the	9592
term for which the member's predecessor was appointed shall begin	9593
that member's first six-year term upon appointment, regardless of	9594
the time remaining in the term of the member's predecessor. A	9595
member appointed under this division shall continue in office	9596
subsequent to the expiration date of the member's term until the	9597
member's successor takes office or until a period of sixty days	9598
has elapsed, whichever occurs first.	9599

(b) A member of the parole board on the effective date of	9600
this amendment who has served on the board less than six years	9601
shall have the time so served applied toward a six-year term and	9602
at the end of that six-year term shall be eligible for	9603
reappointment to an additional six-year term. A member of the	9604
parole board on the effective date of this amendment who has	9605
served on the board at least six years but less than twelve years	9606
shall have six of the years so served applied toward the first	9607
six-year term and the remaining time so served applied toward a	9608
second six-year term, shall serve the remainder of that second	9609
six-year term, and at the end of that second six-year term shall	9610
not be eligible for reappointment. A member of the parole board on	9611
the effective date of this amendment who has served on the board	9612
twelve years or longer shall serve until a successor member is	9613
appointed or a period of six months after the effective date of	9614
this amendment has elapsed, whichever occurs first, and after the	9615
end of that service shall be eligible for reappointment to an	9616
additional six-year term.	9617

(4) Except as otherwise provided in division (B) of this	9618
section, no person shall be appointed a member of the board who is	9619
not qualified by education or experience in correctional work,	9620
including law enforcement, prosecution of offenses, advocating for	9621
the rights of victims of crime, probation, or parole, in law, in	9622
social work, or in a combination of the three categories.	9623

(B) The director of rehabilitation and correction, in	9624
consultation with the governor, shall appoint one member of the	9625
board, who shall be a person who has been a victim of crime or who	9626
is a member of a victim's family or who represents an organization	9627
that advocates for the rights of victims of crime. After	9628
appointment, this member shall be an unclassified employee of the	9629
department of rehabilitation and correction.	9630

The initial appointment shall be for a term ending four years	9631
after July 1, 1996. Thereafter, the term of office of the member	9632
appointed under this division shall be for four years, with each	9633
term ending on the same day of the same month as did the term	9634
that it succeeds. The member shall hold office from the date of	9635
appointment until the end of the term for which the member was	9636
appointed and may be reappointed. Vacancies shall be filled in	9637
the manner provided for original appointments. Any member	9638
appointed under this division to fill a vacancy occurring prior	9639
to the expiration date of the term for which the member's	9640
predecessor was appointed shall hold office as a member for the	9641
remainder of that term. The member appointed under this division	9642
shall continue in office subsequent to the expiration date of the	9643
member's term until the member's successor takes office or until	9644
a period of sixty days has elapsed, whichever occurs first.	9645

The member appointed under this division shall be compensated	9646
in the same manner as other board members and shall be reimbursed	9647
for actual and necessary expenses incurred in the performance of	9648
the members' duties. The member may vote on all cases heard by the	9649
full board under section 5149.101 of the Revised Code, has such	9650
duties as are assigned by the chairperson of the board, and shall	9651
coordinate the member's activities with the office of victims'	9652
services created under section 5120.60 of the Revised Code.	9653

As used in this division, "crime," "member of the victim's	9654
family," and "victim" have the meanings given in section 2930.01	9655
of the Revised Code.	9656

(C) The chairperson shall submit all recommendations for or	9657
against clemency directly to the governor.	9658

(D) The chairperson shall transmit to the chief of the adult	9659
parole authority all determinations for or against parole made by	9660
the board. Parole determinations are final and are not subject to	9661
review or change by the chief.	9662

(E) In addition to its duties pertaining to parole and	9663
clemency, if an offender is sentenced to a prison term pursuant to	9664
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	9665
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	9666
Code, the parole board shall have control over the offender's	9667
service of the prison term during the entire term unless the board	9668
terminates its control in accordance with section 2971.04 of the	9669
Revised Code. The parole board may terminate its control over the	9670
offender's service of the prison term only in accordance with	9671
section 2971.04 of the Revised Code.	9672

Sec. 5149.33. No municipal corporation, county, or group of	9673
counties receiving a subsidy under division (A) of section 5149.31	9674
of the Revised Code shall reduce, by the amount of the subsidy it	9675
receives or by a greater or lesser amount, the amount of local,	9676
nonfederal funds it expends for corrections, including, but not	9677
limited to, the amount of local, nonfederal funds it expends for	9678
the operation of the county, multicounty, municipal,	9679
municipal-county, or multicounty-municipal jail or workhouse, for	9680
any county or municipal probation department, or for any community	9681
corrections program. Each subsidy shall be used to make	9682
corrections expenditures in excess of those being made from local,	9683
nonfederal funds. No subsidy or portion of a subsidy shall be used	9684
to make capital improvements. If a recipient violates this	9685
section, the department of rehabilitation and correction ~~shall~~may	9686
discontinue subsidy payments to the recipient.	9687

Sec. 5149.34. (A)(1) If a county desires to receive a	9688
subsidy from a subsidy program established under division (A) of	9689
section 5149.31 of the Revised Code for community corrections	9690
programs as described in division (B) of that section, the board	9691
of county commissioners of the county shall establish, by a	9692
resolution as described in this division, and maintain a local	9693
corrections planning board that, except as provided in division	9694
(A)(2) of this section, shall include an administrator of a	9695
county, multicounty, municipal, municipal-county, or	9696
multicounty-municipal jail or workhouse located in the county,; a	9697
county commissioner of that county,; a judge of the court of	9698
common pleas of that county,; a judge of a municipal court or	9699
county court of that county,; an attorney whose practice of law	9700
primarily involves the representation of criminal defendants,; the	9701
chief law enforcement officer of the largest municipal corporation	9702
located in the county,; the county sheriff,; one or more	9703
prosecutors, as defined in section 2935.01 of the Revised Code,;	9704
the executive director of the board of alcohol, drug addiction,	9705
and mental health services serving that county or the executive	9706
director's designee, or the executive directors of both the	9707
community mental health board and the alcohol and drug addiction	9708
services board serving that county or their designees, whichever	9709
is applicable; the executive director of the county board of	9710
mental retardation and developmental disabilities of that county	9711
or the executive director's designee; an administrator of a	9712
halfway house serving that county, if any, or the administrator's	9713
designee; an administrator of a community-based correctional	9714
facility, if any, serving the court of common pleas of that county	9715
or the administrator's designee; an administrator of a community	9716
corrections act-funded program in that county, if any, or the	9717
administrator's designee; one or more representatives of the	9718
public, one of whom shall be a victim of crime,; one or more	9719
additional representatives of the law enforcement community,; one	9720
or more additional representatives of the judiciary,; one or more	9721
additional representatives of the field of corrections,; and	9722
officials from the largest municipal corporation located in the	9723
county. A majority of the members of the board shall be employed	9724
in the adult criminal justice field. At least two members of the	9725
board shall be members of the largest racial minority population,	9726
if any, in the county, and at least two other members of the board	9727
shall be women. The resolution shall state the number and nature	9728
of the members, the duration of their terms, the manner of filling	9729
vacancies on the board, and the compensation, if any, that members	9730
are to receive. The board of county commissioners also may	9731
specify, as part of the resolution, any other duties the local	9732
corrections planning board is to assume.	9733

(2) If, for good cause shown, including, but not limited to,	9734
the refusal of a specified individual to serve on a local	9735
corrections planning board, a particular county is not able to	9736
satisfy the requirements specified in division (A)(1) of this	9737
section for the composition of such a board, the director of	9738
rehabilitation and correction may waive the requirements to the	9739
extent necessary and approve a composition for the board that	9740
otherwise is consistent with the requirements.	9741

(B) Each local corrections planning board established	9742
pursuant to division (A) of this section shall adopt within	9743
eighteen months after its establishment, and from time to time	9744
shall revise, a comprehensive plan for the development,	9745
implementation, and operation of corrections services in the	9746
county. The plan shall be adopted and revised after consideration	9747
has been given to the impact that it will have or has had on the	9748
populations of state correctional institutions and county,	9749
multicounty, municipal, municipal-county, or multicounty-municipal	9750
jails or workhouses in the county, and shall be designed to unify	9751
or coordinate corrections services in the county and to reduce the	9752
number of persons committed, consistent with the standards adopted	9753
under division (B) of section 5149.31 of the Revised Code, from	9754
that county to state correctional institutions and to county,	9755
multicounty, municipal, municipal-county, or multicounty-municipal	9756
jails or workhouses. The plan and any revisions to the plan shall	9757
be submitted to the board of county commissioners of the county in	9758
which the local corrections planning board is located for	9759
approval.	9760

If a county has a community-based correctional facility and	9761
program established in accordance with sections 2301.51 to 2301.58	9762
of the Revised Code, the budgets of the facility and program shall	9763
not be subject to approval by the local corrections planning	9764
board, but instead shall continue to be determined in accordance	9765
with those sections. However, the local corrections planning board	9766
shall include the facility and program as part of the	9767
comprehensive plan adopted and revised pursuant to this division.	9768

(C) As used in this section, "halfway house" and	9769
"community-based correctional facility" have the same meanings as	9770
in section 2929.01 of the Revised Code.	9771

Section 2. That existing sections 109.42, 307.93, 309.18,	9772
926.99, 1333.99, 1707.99, 1716.99, 2743.191, 2909.03, 2909.05,	9773
2909.11, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	9774
2913.32, 2913.34, 2913.40, 2913.401, 2913.42, 2913.421, 2913.43,	9775
2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2913.61,	9776
2915.05, 2917.21, 2917.31, 2917.32, 2919.21, 2921.13, 2921.34,	9777
2921.41, 2923.31, 2925.01, 2925.03, 2925.05, 2925.11, 2929.01,	9778
2929.13, 2929.14, 2929.20, 2929.26, 2929.34, 2930.16, 2930.17,	9779
2950.99, 2951.041, 2967.05, 2967.14, 2967.193, 2967.28, 2981.07,	9780
4507.51, 5120.07, 5120.10, 5120.111, 5120.59, 5120.60, 5120.66,	9781
5149.01, 5149.10, 5149.33, and 5149.34 of the Revised Code are	9782
hereby repealed.	9783

Section 3. The amendment of section 5120.07 of the Revised	9784
Code by Sections 1 and 2 of this act is not intended to supersede	9785
the earlier repeal of that section, with the delayed effective	9786
date of December 31, 2011.	9787

Section 4. The amendments to sections 2925.01, 2925.03,	9788
2925.05, and 2925.11 of the Revised Code, and to division (W) of	9789
section 2929.01 of the Revised Code, that are made in this act	9790
apply to a person who commits an offense involving marihuana,	9791
cocaine, or hashish on or after the effective date of this act and	9792
to a person to whom division (B) of section 1.58 of the Revised	9793
Code makes the amendments applicable.	9794

The provisions of sections 2925.01, 2925.03, 2925.05, and	9795
2925.11 of the Revised Code, and of division (W) of section	9796
2929.01 of the Revised Code, in existence prior to the effective	9797
date of this act shall apply to a person upon whom a court imposed	9798
sentence prior to the effective date of this act for an offense	9799
involving marihuana, cocaine, or hashish. The amendments to	9800
sections 2925.01, 2925.03, 2925.05, and 2925.11 of the Revised	9801
Code, and to division (W) of section 2929.01 of the Revised Code,	9802
that are made in this act do not apply to a person upon whom a	9803
court imposed sentence prior to the effective date of this act	9804
for an offense involving marihuana, cocaine, or hashish.	9805

Section 5. The amendments to sections 926.99, 1333.99,	9806
1707.99, 1716.99, 2909.03, 2909.05, 2909.11, 2913.02, 2913.03,	9807
2913.04, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40,	9808
2913.401, 2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47,	9809
2913.48, 2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31,	9810
2917.32, 2921.13, 2921.41, 2923.31, and 2981.07 of the Revised	9811
Code that are made in this act apply to a person who commits an	9812
offense specified or penalized under those sections on or after	9813
the effective date of this section and to a person to whom	9814
division (B) of section 1.58 of the Revised Code makes the	9815
amendment applicable.	9816

The provisions of sections 926.99, 1333.99, 1707.99, 1716.99,	9817
2909.03, 2909.05, 2909.11, 2913.02, 2913.03, 2913.04, 2913.11,	9818
2913.21, 2913.31, 2913.32, 2913.34, 2913.40, 2913.401, 2913.42,	9819
2913.421, 2913.43, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49,	9820
2913.51, 2913.61, 2915.05, 2917.21, 2917.31, 2917.32, 2921.13,	9821
2921.41, 2923.31, and 2981.07 of the Revised Code in existence	9822
prior to the effective date of this section shall apply to a	9823
person upon whom a court imposed sentence prior to the effective	9824
date of this section for an offense specified or penalized under	9825
those sections. The amendments to sections 926.99, 1333.99,	9826
1707.99, 1716.99, 2909.03, 2909.05, 2909.11, 2913.02, 2913.03,	9827
2913.04, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40,	9828
2913.401, 2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47,	9829
2913.48, 2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31,	9830
2917.32, 2921.13, 2921.41, 2923.31, and 2981.07 of the Revised	9831
Code that are made in this section do not apply to a person	9832
who upon whom a court imposed sentence prior to the effective	9833
date of this section for an offense specified or penalized	9834
under those sections.	9835

Section 6. Section 1716.99 of the Revised Code is presented	9836
in this act as a composite of the section as amended by both Am.	9837
Sub. H.B. 59 and Sub. S.B. 2 of the 123rd General Assembly.	9838
Section 2913.46 of the Revised Code is presented in this act as a	9839
composite of the section as amended by Am. Sub. S.B. 107, Am. Sub.	9840
S.B. 269, and Am. Sub. S.B. 293, all of the 121st General	9841
Assembly. Section 2917.21 of the Revised Code is presented in this	9842
act as a composite of the section as amended by both Am. Sub. H.B.	9843
565 and Sub. S.B. 215 of the 122nd General Assembly. Sections	9844
2929.01, 2929.13, and 2929.14 of the Revised Code are presented in	9845
this act as composites of the sections as amended by both Am. Sub.	9846
H.B. 130 and Am. Sub. H.B. 280 of the 127th General Assembly.	9847
Section 2929.20 of the Revised Code is presented in this act as a	9848
composite of the section as amended by both Am. Sub. H.B. 130 and	9849
Sub. S.B. 108 of the 127th General Assembly. Section 2967.193 of	9850
the Revised Code is presented in this act as a composite of the	9851
section as amended by both Am. Sub. S.B. 269 and Am. Sub. H.B. 180	9852
of the 121st General Assembly. The General Assembly, applying the	9853
principle stated in division (B) of section 1.52 of the Revised	9854
Code that amendments are to be harmonized if reasonably capable of	9855
simultaneous operation, finds that the composites are the	9856
resulting versions of the sections in effect prior to the	9857
effective date of the sections as presented in this act.	9858