As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 49

Senator Kearney 

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A BILL

To amend sections 2152.17, 2152.72, 2929.14, and

1

5103.0319 and to enact section 2941.1422 of the

2

Revised Code to require the imposition of a

3

ten-year prison term upon a person who discharges

4

a firearm while committing an offense and causes

5

injury or death to a child.

6

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

Section 1. That sections 2152.17, 2152.72, 2929.14, and	7
5103.0319 be amended and section 2941.1422 of the Revised Code be	8
enacted to read as follows:	9

Sec. 2152.17.  (A) Subject to division (D) of this section,	10
if a child is adjudicated a delinquent child for committing an	11
act, other than a violation of section 2923.12 of the Revised	12
Code, that would be a felony if committed by an adult and if the	13
court determines that, if the child was an adult, the child would	14
be guilty of a specification of the type set forth in section	15
2941.141, 2941.144, 2941.145, 2941.146, 2941.1412, 2941.1414, or	16
2941.1415, or 2941.1422 of the Revised Code, in addition to any	17
commitment or other disposition the court imposes for the	18
underlying delinquent act, all of the following apply:	19

(1) If the court determines that the child would be guilty of	20
a specification of the type set forth in section 2941.141 of the	21
Revised Code, the court may commit the child to the department of	22
youth services for the specification for a definite period of up	23
to one year.	24

(2) If the court determines that the child would be guilty of	25
a specification of the type set forth in section 2941.145 of the	26
Revised Code or if the delinquent act is a violation of division	27
(A)(1) or (2) of section 2903.06 of the Revised Code and the court	28
determines that the child would be guilty of a specification of	29
the type set forth in section 2941.1415 of the Revised Code, the	30
court shall commit the child to the department of youth services	31
for the specification for a definite period of not less than one	32
and not more than three years, and the court also shall commit the	33
child to the department for the underlying delinquent act under	34
sections 2152.11 to 2152.16 of the Revised Code.	35

(3) If the court determines that the child would be guilty of	36
a specification of the type set forth in section 2941.144,	37
2941.146, or 2941.1412, or 2941.1422 of the Revised Code or if the	38
delinquent act is a violation of division (A)(1) or (2) of section	39
2903.06 of the Revised Code and the court determines that the	40
child would be guilty of a specification of the type set forth in	41
section 2941.1414 of the Revised Code, the court shall commit the	42
child to the department of youth services for the specification	43
for a definite period of not less than one and not more than five	44
years, and the court also shall commit the child to the department	45
for the underlying delinquent act under sections 2152.11 to	46
2152.16 of the Revised Code.	47

(B) Division (A) of this section also applies to a child who	48
is an accomplice to the same extent the firearm specifications	49
would apply to an adult accomplice in a criminal proceeding.	50

(C) If a child is adjudicated a delinquent child for	51
committing an act that would be aggravated murder, murder, or a	52
first, second, or third degree felony offense of violence if	53
committed by an adult and if the court determines that, if the	54
child was an adult, the child would be guilty of a specification	55
of the type set forth in section 2941.142 of the Revised Code in	56
relation to the act for which the child was adjudicated a	57
delinquent child, the court shall commit the child for the	58
specification to the legal custody of the department of youth	59
services for institutionalization in a secure facility for a	60
definite period of not less than one and not more than three	61
years, subject to division (D)(2) of this section, and the court	62
also shall commit the child to the department for the underlying	63
delinquent act.	64

(D)(1) If the child is adjudicated a delinquent child for	65
committing an act that would be an offense of violence that is a	66
felony if committed by an adult and is committed to the legal	67
custody of the department of youth services pursuant to division	68
(A)(1) of section 2152.16 of the Revised Code and if the court	69
determines that the child, if the child was an adult, would be	70
guilty of a specification of the type set forth in section	71
2941.1411 of the Revised Code in relation to the act for which the	72
child was adjudicated a delinquent child, the court may commit the	73
child to the custody of the department of youth services for	74
institutionalization in a secure facility for up to two years,	75
subject to division (D)(2) of this section.	76

(2) A court that imposes a period of commitment under	77
division (A) of this section is not precluded from imposing an	78
additional period of commitment under division (C) or (D)(1) of	79
this section, a court that imposes a period of commitment under	80
division (C) of this section is not precluded from imposing an	81
additional period of commitment under division (A) or (D)(1) of	82
this section, and a court that imposes a period of commitment	83
under division (D)(1) of this section is not precluded from	84
imposing an additional period of commitment under division (A) or	85
(C) of this section.	86

(E) The court shall not commit a child to the legal custody	87
of the department of youth services for a specification pursuant	88
to this section for a period that exceeds five years for any one	89
delinquent act. Any commitment imposed pursuant to division (A),	90
(B), (C), or (D)(1) of this section shall be in addition to, and	91
shall be served consecutively with and prior to, a period of	92
commitment ordered under this chapter for the underlying	93
delinquent act, and each commitment imposed pursuant to division	94
(A), (B), (C), or (D)(1) of this section shall be in addition to,	95
and shall be served consecutively with, any other period of	96
commitment imposed under those divisions. If a commitment is	97
imposed under division (A) or (B) of this section and a commitment	98
also is imposed under division (C) of this section, the period	99
imposed under division (A) or (B) of this section shall be served	100
prior to the period imposed under division (C) of this section.	101

In each case in which a court makes a disposition under this	102
section, the court retains control over the commitment for the	103
entire period of the commitment.	104

The total of all the periods of commitment imposed for any	105
specification under this section and for the underlying offense	106
shall not exceed the child's attainment of twenty-one years of	107
age.	108

(F) If a child is adjudicated a delinquent child for	109
committing two or more acts that would be felonies if committed by	110
an adult and if the court entering the delinquent child	111
adjudication orders the commitment of the child for two or more of	112
those acts to the legal custody of the department of youth	113
services for institutionalization in a secure facility pursuant to	114
section 2152.13 or 2152.16 of the Revised Code, the court may	115
order that all of the periods of commitment imposed under those	116
sections for those acts be served consecutively in the legal	117
custody of the department of youth services, provided that those	118
periods of commitment shall be in addition to and commence	119
immediately following the expiration of a period of commitment	120
that the court imposes pursuant to division (A), (B), (C), or	121
(D)(1) of this section. A court shall not commit a delinquent	122
child to the legal custody of the department of youth services	123
under this division for a period that exceeds the child's	124
attainment of twenty-one years of age.	125

Sec. 2152.72.  (A) This section applies only to a child who	126
is or previously has been adjudicated a delinquent child for an	127
act to which any of the following applies:	128

(1) The act is a violation of section 2903.01, 2903.02,	129
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or	130
2907.05 of the Revised Code.	131

(2) The act is a violation of section 2923.01 of the Revised	132
Code and involved an attempt to commit aggravated murder or	133
murder.	134

(3) The act would be a felony if committed by an adult, and	135
the court determined that the child, if an adult, would be guilty	136
of a specification found in section 2941.141, 2941.144, or	137
2941.145, or 2941.1422 of the Revised Code or in another section	138
of the Revised Code that relates to the possession or use of a	139
firearm during the commission of the act for which the child was	140
adjudicated a delinquent child.	141

(4) The act would be an offense of violence that is a felony	142
if committed by an adult, and the court determined that the child,	143
if an adult, would be guilty of a specification found in section	144
2941.1411 of the Revised Code or in another section of the Revised	145
Code that relates to the wearing or carrying of body armor during	146
the commission of the act for which the child was adjudicated a	147
delinquent child.	148

(B)(1) Except as provided in division (E) of this section, a	149
public children services agency, private child placing agency,	150
private noncustodial agency, or court, the department of youth	151
services, or another private or government entity shall not place	152
a child in a certified foster home or for adoption until it	153
provides the foster caregivers or prospective adoptive parents	154
with all of the following:	155

(a) A written report describing the child's social history;

156

(b) A written report describing all the acts committed by the	157
child the entity knows of that resulted in the child being	158
adjudicated a delinquent child and the disposition made by the	159
court, unless the records pertaining to the acts have been sealed	160
pursuant to section 2151.356 of the Revised Code;	161

(c) A written report describing any other violent act	162
committed by the child of which the entity is aware;	163

(d) The substantial and material conclusions and	164
recommendations of any psychiatric or psychological examination	165
conducted on the child or, if no psychological or psychiatric	166
examination of the child is available, the substantial and	167
material conclusions and recommendations of an examination to	168
detect mental and emotional disorders conducted in compliance with	169
the requirements of Chapter 4757. of the Revised Code by an	170
independent social worker, social worker, professional clinical	171
counselor, or professional counselor licensed under that chapter.	172
The entity shall not provide any part of a psychological,	173
psychiatric, or mental and emotional disorder examination to the	174
foster caregivers or prospective adoptive parents other than the	175
substantial and material conclusions.	176

(2) Notwithstanding sections 2151.356 to 2151.358 of the	177
Revised Code, if records of an adjudication that a child is a	178
delinquent child have been sealed pursuant to those sections and	179
an entity knows the records have been sealed, the entity shall	180
provide the foster caregivers or prospective adoptive parents a	181
written statement that the records of a prior adjudication have	182
been sealed.	183

(C)(1) The entity that places the child in a certified foster	184
home or for adoption shall conduct a psychological examination of	185
the child unless either of the following applies:	186

(a) An entity is not required to conduct the examination if	187
an examination was conducted no more than one year prior to the	188
child's placement, and division (C)(1)(b) of this section does not	189
apply.	190

(b) An entity is not required to conduct the examination if a	191
foster caregiver seeks to adopt the foster caregiver's foster	192
child, and an examination was conducted no more than two years	193
prior to the date the foster caregiver seeks to adopt the child.	194

(2) No later than sixty days after placing the child, the	195
entity shall provide the foster caregiver or prospective adoptive	196
parents a written report detailing the substantial and material	197
conclusions and recommendations of the examination conducted	198
pursuant to this division.	199

(D)(1) Except as provided in divisions (D)(2) and (3) of this	200
section, the expenses of conducting the examinations and preparing	201
the reports and assessment required by division (B) or (C) of this	202
section shall be paid by the entity that places the child in the	203
certified foster home or for adoption.	204

(2) When a juvenile court grants temporary or permanent	205
custody of a child pursuant to any section of the Revised Code,	206
including section 2151.33, 2151.353, 2151.354, or 2152.19 of the	207
Revised Code, to a public children services agency or private	208
child placing agency, the court shall provide the agency the	209
information described in division (B) of this section, pay the	210
expenses of preparing that information, and, if a new examination	211
is required to be conducted, pay the expenses of conducting the	212
examination described in division (C) of this section. On receipt	213
of the information described in division (B) of this section, the	214
agency shall provide to the court written acknowledgment that the	215
agency received the information. The court shall keep the	216
acknowledgment and provide a copy to the agency. On the motion of	217
the agency, the court may terminate the order granting temporary	218
or permanent custody of the child to that agency, if the court	219
does not provide the information described in division (B) of this	220
section.	221

(3) If one of the following entities is placing a child in a	222
certified foster home or for adoption with the assistance of or by	223
contracting with a public children services agency, private child	224
placing agency, or a private noncustodial agency, the entity shall	225
provide the agency with the information described in division (B)	226
of this section, pay the expenses of preparing that information,	227
and, if a new examination is required to be conducted, pay the	228
expenses of conducting the examination described in division (C)	229
of this section:	230

(a) The department of youth services if the placement is	231
pursuant to any section of the Revised Code including section	232
2152.22, 5139.06, 5139.07, 5139.38, or 5139.39 of the Revised	233
Code;	234

(b) A juvenile court with temporary or permanent custody of a	235
child pursuant to section 2151.354 or 2152.19 of the Revised Code;	236

(c) A public children services agency or private child	237
placing agency with temporary or permanent custody of the child.	238

The agency receiving the information described in division	239
(B) of this section shall provide the entity described in division	240
(D)(3)(a) to (c) of this section that sent the information written	241
acknowledgment that the agency received the information and	242
provided it to the foster caregivers or prospective adoptive	243
parents. The entity shall keep the acknowledgment and provide a	244
copy to the agency. An entity that places a child in a certified	245
foster home or for adoption with the assistance of or by	246
contracting with an agency remains responsible to provide the	247
information described in division (B) of this section to the	248
foster caregivers or prospective adoptive parents unless the	249
entity receives written acknowledgment that the agency provided	250
the information.	251

(E) If a child is placed in a certified foster home as a	252
result of an emergency removal of the child from home pursuant to	253
division (D) of section 2151.31 of the Revised Code, an emergency	254
change in the child's case plan pursuant to division (E)(3) of	255
section 2151.412 of the Revised Code, or an emergency placement by	256
the department of youth services pursuant to this chapter or	257
Chapter 5139. of the Revised Code, the entity that places the	258
child in the certified foster home shall provide the information	259
described in division (B) of this section no later than ninety-six	260
hours after the child is placed in the certified foster home.	261

(F) On receipt of the information described in divisions (B)	262
and (C) of this section, the foster caregiver or prospective	263
adoptive parents shall provide to the entity that places the child	264
in the foster caregiver's or prospective adoptive parents' home a	265
written acknowledgment that the foster caregiver or prospective	266
adoptive parents received the information. The entity shall keep	267
the acknowledgment and provide a copy to the foster caregiver or	268
prospective adoptive parents.	269

(G) No person employed by an entity subject to this section	270
and made responsible by that entity for the child's placement in a	271
certified foster home or for adoption shall fail to provide the	272
foster caregivers or prospective adoptive parents with the	273
information required by divisions (B) and (C) of this section.	274

(H) It is not a violation of any duty of confidentiality	275
provided for in the Revised Code or a code of professional	276
responsibility for a person or government entity to provide the	277
substantial and material conclusions and recommendations of a	278
psychiatric or psychological examination, or an examination to	279
detect mental and emotional disorders, in accordance with division	280
(B)(1)(d) or (C) of this section.	281

(I) As used in this section:

282

(1) "Body armor" has the same meaning as in section 2941.1411	283
of the Revised Code.	284

(2) "Firearm" has the same meaning as in section 2923.11 of	285
the Revised Code.	286

Sec. 2929.14.  (A) Except as provided in division (C),	287
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (D)(7), (G), (I),	288
(J), or (L) of this section and except in relation to an offense	289
for which a sentence of death or life imprisonment is to be	290
imposed, if the court imposing a sentence upon an offender for a	291
felony elects or is required to impose a prison term on the	292
offender pursuant to this chapter, the court shall impose a	293
definite prison term that shall be one of the following:	294

(1) For a felony of the first degree, the prison term shall	295
be three, four, five, six, seven, eight, nine, or ten years.	296

(2) For a felony of the second degree, the prison term shall	297
be two, three, four, five, six, seven, or eight years.	298

(3) For a felony of the third degree, the prison term shall	299
be one, two, three, four, or five years.	300

(4) For a felony of the fourth degree, the prison term shall	301
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	302
fourteen, fifteen, sixteen, seventeen, or eighteen months.	303

(5) For a felony of the fifth degree, the prison term shall	304
be six, seven, eight, nine, ten, eleven, or twelve months.	305

(B) Except as provided in division (C), (D)(1), (D)(2),	306
(D)(3), (D)(5), (D)(6), (D)(7), (G), (I), (J), or (L) of this	307
section, in section 2907.02 or 2907.05 of the Revised Code, or	308
in Chapter 2925. of the Revised Code, if the court imposing a	309
sentence upon an offender for a felony elects or is required to	310
impose a prison term on the offender, the court shall impose the	311
shortest prison term authorized for the offense pursuant to	312
division (A) of this section, unless one or more of the following	313
applies:	314

(1) The offender was serving a prison term at the time of the	315
offense, or the offender previously had served a prison term.	316

(2) The court finds on the record that the shortest prison	317
term will demean the seriousness of the offender's conduct or will	318
not adequately protect the public from future crime by the	319
offender or others.	320

(C) Except as provided in division (G) or (L) of this section	321
or in Chapter 2925. of the Revised Code, the court imposing a	322
sentence upon an offender for a felony may impose the longest	323
prison term authorized for the offense pursuant to division (A) of	324
this section only upon offenders who committed the worst forms of	325
the offense, upon offenders who pose the greatest likelihood of	326
committing future crimes, upon certain major drug offenders under	327
division (D)(3) of this section, and upon certain repeat violent	328
offenders in accordance with division (D)(2) of this section.	329

(D)(1)(a) Except as provided in division (D)(1)(e) of this	330
section, if an offender who is convicted of or pleads guilty to a	331
felony also is convicted of or pleads guilty to a specification of	332
the type described in section 2941.141, 2941.144, or 2941.145 of	333
the Revised Code, the court shall impose on the offender one of	334
the following prison terms:	335

(i) A prison term of six years if the specification is of the	336
type described in section 2941.144 of the Revised Code that	337
charges the offender with having a firearm that is an automatic	338
firearm or that was equipped with a firearm muffler or silencer on	339
or about the offender's person or under the offender's control	340
while committing the felony;	341

(ii) A prison term of three years if the specification is of	342
the type described in section 2941.145 of the Revised Code that	343
charges the offender with having a firearm on or about the	344
offender's person or under the offender's control while committing	345
the offense and displaying the firearm, brandishing the firearm,	346
indicating that the offender possessed the firearm, or using it to	347
facilitate the offense;	348

(iii) A prison term of one year if the specification is of	349
the type described in section 2941.141 of the Revised Code that	350
charges the offender with having a firearm on or about the	351
offender's person or under the offender's control while committing	352
the felony.	353

(b) If a court imposes a prison term on an offender under	354
division (D)(1)(a) of this section, the prison term shall not be	355
reduced pursuant to section 2929.20, section 2967.193, or any	356
other provision of Chapter 2967. or Chapter 5120. of the Revised	357
Code. Except as provided in division (D)(1)(g) of this section, a	358
court shall not impose more than one prison term on an offender	359
under division (D)(1)(a) of this section for felonies committed as	360
part of the same act or transaction.	361

(c) Except as provided in division (D)(1)(e) of this section,	362
if an offender who is convicted of or pleads guilty to a violation	363
of section 2923.161 of the Revised Code or to a felony that	364
includes, as an essential element, purposely or knowingly causing	365
or attempting to cause the death of or physical harm to another,	366
also is convicted of or pleads guilty to a specification of the	367
type described in section 2941.146 of the Revised Code that	368
charges the offender with committing the offense by discharging a	369
firearm from a motor vehicle other than a manufactured home, the	370
court, after imposing a prison term on the offender for the	371
violation of section 2923.161 of the Revised Code or for the other	372
felony offense under division (A), (D)(2), or (D)(3) of this	373
section, shall impose an additional prison term of five years upon	374
the offender that shall not be reduced pursuant to section	375
2929.20, section 2967.193, or any other provision of Chapter 2967.	376
or Chapter 5120. of the Revised Code. A court shall not impose	377
more than one additional prison term on an offender under division	378
(D)(1)(c) of this section for felonies committed as part of the	379
same act or transaction. If a court imposes an additional prison	380
term on an offender under division (D)(1)(c) of this section	381
relative to an offense, the court also shall impose a prison term	382
under division (D)(1)(a) of this section relative to the same	383
offense, provided the criteria specified in that division for	384
imposing an additional prison term are satisfied relative to the	385
offender and the offense.	386

(d) If an offender who is convicted of or pleads guilty to	387
an offense of violence that is a felony also is convicted of or	388
pleads guilty to a specification of the type described in section	389
2941.1411 of the Revised Code that charges the offender with	390
wearing or carrying body armor while committing the felony offense	391
of violence, the court shall impose on the offender a prison term	392
of two years. The prison term so imposed shall not be reduced	393
pursuant to section 2929.20, section 2967.193, or any other	394
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	395
court shall not impose more than one prison term on an offender	396
under division (D)(1)(d) of this section for felonies committed as	397
part of the same act or transaction. If a court imposes an	398
additional prison term under division (D)(1)(a) or (c) of this	399
section, the court is not precluded from imposing an additional	400
prison term under division (D)(1)(d) of this section.	401

(e) The court shall not impose any of the prison terms	402
described in division (D)(1)(a) of this section or any of the	403
additional prison terms described in division (D)(1)(c) of this	404
section upon an offender for a violation of section 2923.12 or	405
2923.123 of the Revised Code. The court shall not impose any of	406
the prison terms described in division (D)(1)(a) or (b) of this	407
section upon an offender for a violation of section 2923.122 that	408
involves a deadly weapon that is a firearm other than a dangerous	409
ordnance, section 2923.16, or section 2923.121 of the Revised	410
Code. The court shall not impose any of the prison terms described	411
in division (D)(1)(a) of this section or any of the additional	412
prison terms described in division (D)(1)(c) of this section upon	413
an offender for a violation of section 2923.13 of the Revised Code	414
unless all of the following apply:	415

(i) The offender previously has been convicted of aggravated	416
murder, murder, or any felony of the first or second degree.	417

(ii) Less than five years have passed since the offender was	418
released from prison or post-release control, whichever is later,	419
for the prior offense.	420

(f) If an offender is convicted of or pleads guilty to a	421
felony that includes, as an essential element, causing or	422
attempting to cause the death of or physical harm to another and	423
also is convicted of or pleads guilty to a specification of the	424
type described in section 2941.1412 of the Revised Code that	425
charges the offender with committing the offense by discharging a	426
firearm at a peace officer as defined in section 2935.01 of the	427
Revised Code or a corrections officer, as defined in section	428
2941.1412 of the Revised Code, the court, after imposing a prison	429
term on the offender for the felony offense under division (A),	430
(D)(2), or (D)(3) of this section, shall impose an additional	431
prison term of seven years upon the offender that shall not be	432
reduced pursuant to section 2929.20, section 2967.193, or any	433
other provision of Chapter 2967. or Chapter 5120. of the Revised	434
Code. If an offender is convicted of or pleads guilty to two or	435
more felonies that include, as an essential element, causing or	436
attempting to cause the death or physical harm to another and	437
also is convicted of or pleads guilty to a specification of the	438
type described under division (D)(1)(f) of this section in	439
connection with two or more of the felonies of which the offender	440
is convicted or to which the offender pleads guilty, the	441
sentencing court shall impose on the offender the prison term	442
specified under division (D)(1)(f) of this section for each of	443
two of the specifications of which the offender is convicted or	444
to which the offender pleads guilty and, in its discretion, also	445
may impose on the offender the prison term specified under that	446
division for any or all of the remaining specifications. If a	447
court imposes an additional prison term on an offender under	448
division (D)(1)(f) of this section relative to an offense, the	449
court shall not impose a prison term under division (D)(1)(a) or	450
(c) of this section relative to the same offense.	451

(g) If an offender is convicted of or pleads guilty to two	452
or more felonies, if one or more of those felonies is aggravated	453
murder, murder, attempted aggravated murder, attempted murder,	454
aggravated robbery, felonious assault, or rape, and if the	455
offender is convicted of or pleads guilty to a specification of	456
the type described under division (D)(1)(a) of this section in	457
connection with two or more of the felonies, the sentencing court	458
shall impose on the offender the prison term specified under	459
division (D)(1)(a) of this section for each of the two most	460
serious specifications of which the offender is convicted or to	461
which the offender pleads guilty and, in its discretion, also may	462
impose on the offender the prison term specified under that	463
division for any or all of the remaining specifications.	464

(2)(a) If division (D)(2)(b) of this section does not apply,	465
the court may impose on an offender, in addition to the longest	466
prison term authorized or required for the offense, an additional	467
definite prison term of one, two, three, four, five, six, seven,	468
eight, nine, or ten years if all of the following criteria are	469
met:	470

(i) The offender is convicted of or pleads guilty to a	471
specification of the type described in section 2941.149 of the	472
Revised Code that the offender is a repeat violent offender.	473

(ii) The offense of which the offender currently is convicted	474
or to which the offender currently pleads guilty is aggravated	475
murder and the court does not impose a sentence of death or life	476
imprisonment without parole, murder, terrorism and the court does	477
not impose a sentence of life imprisonment without parole, any	478
felony of the first degree that is an offense of violence and the	479
court does not impose a sentence of life imprisonment without	480
parole, or any felony of the second degree that is an offense of	481
violence and the trier of fact finds that the offense involved an	482
attempt to cause or a threat to cause serious physical harm to a	483
person or resulted in serious physical harm to a person.	484

(iii) The court imposes the longest prison term for the	485
offense that is not life imprisonment without parole.	486

(iv) The court finds that the prison terms imposed pursuant	487
to division (D)(2)(a)(iii) of this section and, if applicable,	488
division (D)(1) or (3) of this section are inadequate to punish	489
the offender and protect the public from future crime, because the	490
applicable factors under section 2929.12 of the Revised Code	491
indicating a greater likelihood of recidivism outweigh the	492
applicable factors under that section indicating a lesser	493
likelihood of recidivism.	494

(v) The court finds that the prison terms imposed pursuant to	495
division (D)(2)(a)(iii) of this section and, if applicable,	496
division (D)(1) or (3) of this section are demeaning to the	497
seriousness of the offense, because one or more of the factors	498
under section 2929.12 of the Revised Code indicating that the	499
offender's conduct is more serious than conduct normally	500
constituting the offense are present, and they outweigh the	501
applicable factors under that section indicating that the	502
offender's conduct is less serious than conduct normally	503
constituting the offense.	504

(b) The court shall impose on an offender the longest prison	505
term authorized or required for the offense and shall impose on	506
the offender an additional definite prison term of one, two,	507
three, four, five, six, seven, eight, nine, or ten years if all of	508
the following criteria are met:	509

(i) The offender is convicted of or pleads guilty to a	510
specification of the type described in section 2941.149 of the	511
Revised Code that the offender is a repeat violent offender.	512

(ii) The offender within the preceding twenty years has been	513
convicted of or pleaded guilty to three or more offenses described	514
in division (DD)(1) of section 2929.01 of the Revised Code,	515
including all offenses described in that division of which the	516
offender is convicted or to which the offender pleads guilty in	517
the current prosecution and all offenses described in that	518
division of which the offender previously has been convicted or to	519
which the offender previously pleaded guilty, whether prosecuted	520
together or separately.	521

(iii) The offense or offenses of which the offender currently	522
is convicted or to which the offender currently pleads guilty is	523
aggravated murder and the court does not impose a sentence of	524
death or life imprisonment without parole, murder, terrorism and	525
the court does not impose a sentence of life imprisonment without	526
parole, any felony of the first degree that is an offense of	527
violence and the court does not impose a sentence of life	528
imprisonment without parole, or any felony of the second degree	529
that is an offense of violence and the trier of fact finds that	530
the offense involved an attempt to cause or a threat to cause	531
serious physical harm to a person or resulted in serious physical	532
harm to a person.	533

(c) For purposes of division (D)(2)(b) of this section, two	534
or more offenses committed at the same time or as part of the same	535
act or event shall be considered one offense, and that one offense	536
shall be the offense with the greatest penalty.	537

(d) A sentence imposed under division (D)(2)(a) or (b) of	538
this section shall not be reduced pursuant to section 2929.20 or	539
section 2967.193, or any other provision of Chapter 2967. or	540
Chapter 5120. of the Revised Code. The offender shall serve an	541
additional prison term imposed under this section consecutively to	542
and prior to the prison term imposed for the underlying offense.	543

(e) When imposing a sentence pursuant to division (D)(2)(a)	544
or (b) of this section, the court shall state its findings	545
explaining the imposed sentence.	546

(3)(a) Except when an offender commits a violation of section	547
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	548
the violation is life imprisonment or commits a violation of	549
section 2903.02 of the Revised Code, if the offender commits a	550
violation of section 2925.03 or 2925.11 of the Revised Code and	551
that section classifies the offender as a major drug offender and	552
requires the imposition of a ten-year prison term on the offender,	553
if the offender commits a felony violation of section 2925.02,	554
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	555
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	556
division (C) of section 4729.51, or division (J) of section	557
4729.54 of the Revised Code that includes the sale, offer to sell,	558
or possession of a schedule I or II controlled substance, with the	559
exception of marihuana, and the court imposing sentence upon the	560
offender finds that the offender is guilty of a specification of	561
the type described in section 2941.1410 of the Revised Code	562
charging that the offender is a major drug offender, if the court	563
imposing sentence upon an offender for a felony finds that the	564
offender is guilty of corrupt activity with the most serious	565
offense in the pattern of corrupt activity being a felony of the	566
first degree, or if the offender is guilty of an attempted	567
violation of section 2907.02 of the Revised Code and, had the	568
offender completed the violation of section 2907.02 of the Revised	569
Code that was attempted, the offender would have been subject to a	570
sentence of life imprisonment or life imprisonment without parole	571
for the violation of section 2907.02 of the Revised Code, the	572
court shall impose upon the offender for the felony violation a	573
ten-year prison term that cannot be reduced pursuant to section	574
2929.20 or Chapter 2967. or 5120. of the Revised Code.	575

(b) The court imposing a prison term on an offender under	576
division (D)(3)(a) of this section may impose an additional prison	577
term of one, two, three, four, five, six, seven, eight, nine, or	578
ten years, if the court, with respect to the term imposed under	579
division (D)(3)(a) of this section and, if applicable, divisions	580
(D)(1) and (2) of this section, makes both of the findings set	581
forth in divisions (D)(2)(a)(iv) and (v) of this section.	582

(4) If the offender is being sentenced for a third or fourth	583
degree felony OVI offense under division (G)(2) of section 2929.13	584
of the Revised Code, the sentencing court shall impose upon the	585
offender a mandatory prison term in accordance with that division.	586
In addition to the mandatory prison term, if the offender is being	587
sentenced for a fourth degree felony OVI offense, the court,	588
notwithstanding division (A)(4) of this section, may sentence the	589
offender to a definite prison term of not less than six months and	590
not more than thirty months, and if the offender is being	591
sentenced for a third degree felony OVI offense, the sentencing	592
court may sentence the offender to an additional prison term of	593
any duration specified in division (A)(3) of this section. In	594
either case, the additional prison term imposed shall be reduced	595
by the sixty or one hundred twenty days imposed upon the offender	596
as the mandatory prison term. The total of the additional prison	597
term imposed under division (D)(4) of this section plus the sixty	598
or one hundred twenty days imposed as the mandatory prison term	599
shall equal a definite term in the range of six months to thirty	600
months for a fourth degree felony OVI offense and shall equal one	601
of the authorized prison terms specified in division (A)(3) of	602
this section for a third degree felony OVI offense. If the court	603
imposes an additional prison term under division (D)(4) of this	604
section, the offender shall serve the additional prison term after	605
the offender has served the mandatory prison term required for the	606
offense. In addition to the mandatory prison term or mandatory and	607
additional prison term imposed as described in division (D)(4) of	608
this section, the court also may sentence the offender to a	609
community control sanction under section 2929.16 or 2929.17 of the	610
Revised Code, but the offender shall serve all of the prison terms	611
so imposed prior to serving the community control sanction.	612

If the offender is being sentenced for a fourth degree felony	613
OVI offense under division (G)(1) of section 2929.13 of the	614
Revised Code and the court imposes a mandatory term of local	615
incarceration, the court may impose a prison term as described in	616
division (A)(1) of that section.	617

(5) If an offender is convicted of or pleads guilty to a	618
violation of division (A)(1) or (2) of section 2903.06 of the	619
Revised Code and also is convicted of or pleads guilty to a	620
specification of the type described in section 2941.1414 of the	621
Revised Code that charges that the victim of the offense is a	622
peace officer, as defined in section 2935.01 of the Revised Code,	623
or an investigator of the bureau of criminal identification and	624
investigation, as defined in section 2903.11 of the Revised Code,	625
the court shall impose on the offender a prison term of five	626
years. If a court imposes a prison term on an offender under	627
division (D)(5) of this section, the prison term shall not be	628
reduced pursuant to section 2929.20, section 2967.193, or any	629
other provision of Chapter 2967. or Chapter 5120. of the Revised	630
Code. A court shall not impose more than one prison term on an	631
offender under division (D)(5) of this section for felonies	632
committed as part of the same act.	633

(6) If an offender is convicted of or pleads guilty to a	634
violation of division (A)(1) or (2) of section 2903.06 of the	635
Revised Code and also is convicted of or pleads guilty to a	636
specification of the type described in section 2941.1415 of the	637
Revised Code that charges that the offender previously has been	638
convicted of or pleaded guilty to three or more violations of	639
division (A) or (B) of section 4511.19 of the Revised Code or an	640
equivalent offense, as defined in section 2941.1415 of the Revised	641
Code, or three or more violations of any combination of those	642
divisions and offenses, the court shall impose on the offender a	643
prison term of three years. If a court imposes a prison term on an	644
offender under division (D)(6) of this section, the prison term	645
shall not be reduced pursuant to section 2929.20, section	646
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	647
of the Revised Code. A court shall not impose more than one prison	648
term on an offender under division (D)(6) of this section for	649
felonies committed as part of the same act.	650

(7) If an offender is convicted of or pleads guilty to a	651
felony and also is convicted of or pleads guilty to a	652
specification of the type described in section 2941.1422 of the	653
Revised Code that charges that the offender discharged a firearm	654
while committing the offense and that the discharge of the firearm	655
caused injury or death to a child who was under the age of	656
eighteen years at the time of the commission of the offense, the	657
court shall impose on the offender a prison term of ten years. If	658
a court imposes a prison term on an offender under division (D)(7)	659
of this section, the prison term shall not be reduced pursuant to	660
section 2929.20, section 2967.193, or any other provision of	661
Chapter 2967. or Chapter 5120. of the Revised Code. A court shall	662
not impose more than one prison term on an offender under division	663
(D)(7) of this section for felonies committed as part of the same	664
act.	665

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	666
mandatory prison term is imposed upon an offender pursuant to	667
division (D)(1)(a) of this section for having a firearm on or	668
about the offender's person or under the offender's control while	669
committing a felony, if a mandatory prison term is imposed upon an	670
offender pursuant to division (D)(1)(c) of this section for	671
committing a felony specified in that division by discharging a	672
firearm from a motor vehicle, or if both types of mandatory prison	673
terms are imposed, the offender shall serve any mandatory prison	674
term imposed under either division consecutively to any other	675
mandatory prison term imposed under either division or under	676
division (D)(1)(d) of this section, consecutively to and prior to	677
any prison term imposed for the underlying felony pursuant to	678
division (A), (D)(2), or (D)(3) of this section or any other	679
section of the Revised Code, and consecutively to any other prison	680
term or mandatory prison term previously or subsequently imposed	681
upon the offender.	682

(b) If a mandatory prison term is imposed upon an offender	683
pursuant to division (D)(1)(d) of this section for wearing or	684
carrying body armor while committing an offense of violence that	685
is a felony, the offender shall serve the mandatory term so	686
imposed consecutively to any other mandatory prison term imposed	687
under that division or under division (D)(1)(a) or (c) of this	688
section, consecutively to and prior to any prison term imposed for	689
the underlying felony under division (A), (D)(2), or (D)(3) of	690
this section or any other section of the Revised Code, and	691
consecutively to any other prison term or mandatory prison term	692
previously or subsequently imposed upon the offender.	693

(c) If a mandatory prison term is imposed upon an offender	694
pursuant to division (D)(1)(f) of this section, the offender shall	695
serve the mandatory prison term so imposed consecutively to and	696
prior to any prison term imposed for the underlying felony under	697
division (A), (D)(2), or (D)(3) of this section or any other	698
section of the Revised Code, and consecutively to any other prison	699
term or mandatory prison term previously or subsequently imposed	700
upon the offender.	701

(2) If an offender who is an inmate in a jail, prison, or	702
other residential detention facility violates section 2917.02,	703
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	704
who is under detention at a detention facility commits a felony	705
violation of section 2923.131 of the Revised Code, or if an	706
offender who is an inmate in a jail, prison, or other residential	707
detention facility or is under detention at a detention facility	708
commits another felony while the offender is an escapee in	709
violation of section 2921.34 of the Revised Code, any prison term	710
imposed upon the offender for one of those violations shall be	711
served by the offender consecutively to the prison term or term of	712
imprisonment the offender was serving when the offender committed	713
that offense and to any other prison term previously or	714
subsequently imposed upon the offender.	715

(3) If a prison term is imposed for a violation of division	716
(B) of section 2911.01 of the Revised Code, a violation of	717
division (A) of section 2913.02 of the Revised Code in which the	718
stolen property is a firearm or dangerous ordnance, or a felony	719
violation of division (B) of section 2921.331 of the Revised Code,	720
the offender shall serve that prison term consecutively to any	721
other prison term or mandatory prison term previously or	722
subsequently imposed upon the offender.	723

(4) If multiple prison terms are imposed on an offender for	724
convictions of multiple offenses, the court may require the	725
offender to serve the prison terms consecutively if the court	726
finds that the consecutive service is necessary to protect the	727
public from future crime or to punish the offender and that	728
consecutive sentences are not disproportionate to the seriousness	729
of the offender's conduct and to the danger the offender poses to	730
the public, and if the court also finds any of the following:	731

(a) The offender committed one or more of the multiple	732
offenses while the offender was awaiting trial or sentencing, was	733
under a sanction imposed pursuant to section 2929.16, 2929.17, or	734
2929.18 of the Revised Code, or was under post-release control for	735
a prior offense.	736

(b) At least two of the multiple offenses were committed as	737
part of one or more courses of conduct, and the harm caused by two	738
or more of the multiple offenses so committed was so great or	739
unusual that no single prison term for any of the offenses	740
committed as part of any of the courses of conduct adequately	741
reflects the seriousness of the offender's conduct.	742

(c) The offender's history of criminal conduct demonstrates	743
that consecutive sentences are necessary to protect the public	744
from future crime by the offender.	745

(5) If a mandatory prison term is imposed upon an offender	746
pursuant to division (D)(5) or (6) of this section, the offender	747
shall serve the mandatory prison term consecutively to and prior	748
to any prison term imposed for the underlying violation of	749
division (A)(1) or (2) of section 2903.06 of the Revised Code	750
pursuant to division (A) of this section or section 2929.142 of	751
the Revised Code. If a mandatory prison term is imposed upon an	752
offender pursuant to division (D)(5) of this section, and if a	753
mandatory prison term also is imposed upon the offender pursuant	754
to division (D)(6) of this section in relation to the same	755
violation, the offender shall serve the mandatory prison term	756
imposed pursuant to division (D)(5) of this section consecutively	757
to and prior to the mandatory prison term imposed pursuant to	758
division (D)(6) of this section and consecutively to and prior to	759
any prison term imposed for the underlying violation of division	760
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	761
division (A) of this section or section 2929.142 of the Revised	762
Code.	763

(6) If a mandatory prison term is imposed upon an offender	764
pursuant to division (D)(7) of this section, the offender shall	765
serve the mandatory prison term consecutively to and prior to any	766
prison term imposed for the underlying offense.	767

(7) When consecutive prison terms are imposed pursuant to	768
division (E)(1), (2), (3), (4), or (5), or (6) or division (J)(1)	769
or (2) of this section, the term to be served is the aggregate	770
of all of the terms so imposed.	771

(F)(1) If a court imposes a prison term for a felony of the	772
first degree, for a felony of the second degree, for a felony sex	773
offense, or for a felony of the third degree that is not a felony	774
sex offense and in the commission of which the offender caused or	775
threatened to cause physical harm to a person, it shall include in	776
the sentence a requirement that the offender be subject to a	777
period of post-release control after the offender's release from	778
imprisonment, in accordance with that division. If a court imposes	779
a sentence including a prison term of a type described in this	780
division on or after July 11, 2006, the failure of a court to	781
include a post-release control requirement in the sentence	782
pursuant to this division does not negate, limit, or otherwise	783
affect the mandatory period of post-release control that is	784
required for the offender under division (B) of section 2967.28 of	785
the Revised Code. Section 2929.191 of the Revised Code applies if,	786
prior to July 11, 2006, a court imposed a sentence including a	787
prison term of a type described in this division and failed to	788
include in the sentence pursuant to this division a statement	789
regarding post-release control.	790

(2) If a court imposes a prison term for a felony of the	791
third, fourth, or fifth degree that is not subject to division	792
(F)(1) of this section, it shall include in the sentence a	793
requirement that the offender be subject to a period of	794
post-release control after the offender's release from	795
imprisonment, in accordance with that division, if the parole	796
board determines that a period of post-release control is	797
necessary. Section 2929.191 of the Revised Code applies if, prior	798
to July 11, 2006, a court imposed a sentence including a prison	799
term of a type described in this division and failed to include in	800
the sentence pursuant to this division a statement regarding	801
post-release control.	802

(G) The court shall impose sentence upon the offender in	803
accordance with section 2971.03 of the Revised Code, and Chapter	804
2971. of the Revised Code applies regarding the prison term or	805
term of life imprisonment without parole imposed upon the offender	806
and the service of that term of imprisonment if any of the	807
following apply:	808

(1) A person is convicted of or pleads guilty to a violent	809
sex offense or a designated homicide, assault, or kidnapping	810
offense, and, in relation to that offense, the offender is	811
adjudicated a sexually violent predator.	812

(2) A person is convicted of or pleads guilty to a violation	813
of division (A)(1)(b) of section 2907.02 of the Revised Code	814
committed on or after January 2, 2007, and either the court does	815
not impose a sentence of life without parole when authorized	816
pursuant to division (B) of section 2907.02 of the Revised Code,	817
or division (B) of section 2907.02 of the Revised Code provides	818
that the court shall not sentence the offender pursuant to	819
section 2971.03 of the Revised Code.	820

(3) A person is convicted of or pleads guilty to attempted	821
rape committed on or after January 2, 2007, and a specification	822
of the type described in section 2941.1418, 2941.1419, or	823
2941.1420 of the Revised Code.	824

(4) A person is convicted of or pleads guilty to a violation	825
of section 2905.01 of the Revised Code committed on or after	826
January 1, 2008, and that section requires the court to sentence	827
the offender pursuant to section 2971.03 of the Revised Code.	828

(5) A person is convicted of or pleads guilty to aggravated	829
murder committed on or after January 1, 2008, and division	830
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),	831
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or	832
(E)(1)(d) of section 2929.03, or division (A) or (B) of section	833
2929.06 of the Revised Code requires the court to sentence the	834
offender pursuant to division (B)(3) of section 2971.03 of the	835
Revised Code.	836

(6) A person is convicted of or pleads guilty to murder	837
committed on or after January 1, 2008, and division (B)(2) of	838
section 2929.02 of the Revised Code requires the court to	839
sentence the offender pursuant to section 2971.03 of the Revised	840
Code.	841

(H) If a person who has been convicted of or pleaded guilty	842
to a felony is sentenced to a prison term or term of imprisonment	843
under this section, sections 2929.02 to 2929.06 of the Revised	844
Code, section 2929.142 of the Revised Code, section 2971.03 of the	845
Revised Code, or any other provision of law, section 5120.163 of	846
the Revised Code applies regarding the person while the person is	847
confined in a state correctional institution.	848

(I) If an offender who is convicted of or pleads guilty to a	849
felony that is an offense of violence also is convicted of or	850
pleads guilty to a specification of the type described in section	851
2941.142 of the Revised Code that charges the offender with having	852
committed the felony while participating in a criminal gang, the	853
court shall impose upon the offender an additional prison term of	854
one, two, or three years.	855

(J)(1) If an offender who is convicted of or pleads guilty to	856
aggravated murder, murder, or a felony of the first, second, or	857
third degree that is an offense of violence also is convicted of	858
or pleads guilty to a specification of the type described in	859
section 2941.143 of the Revised Code that charges the offender	860
with having committed the offense in a school safety zone or	861
towards a person in a school safety zone, the court shall impose	862
upon the offender an additional prison term of two years. The	863
offender shall serve the additional two years consecutively to and	864
prior to the prison term imposed for the underlying offense.	865

(2)(a) If an offender is convicted of or pleads guilty to a	866
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	867
of the Revised Code and to a specification of the type described	868
in section 2941.1421 of the Revised Code and if the court imposes	869
a prison term on the offender for the felony violation, the court	870
may impose upon the offender an additional prison term as follows:	871

(i) Subject to division (J)(2)(a)(ii) of this section, an	872
additional prison term of one, two, three, four, five, or six	873
months;	874

(ii) If the offender previously has been convicted of or	875
pleaded guilty to one or more felony or misdemeanor violations of	876
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	877
Revised Code and also was convicted of or pleaded guilty to a	878
specification of the type described in section 2941.1421 of the	879
Revised Code regarding one or more of those violations, an	880
additional prison term of one, two, three, four, five, six, seven,	881
eight, nine, ten, eleven, or twelve months.	882

(b) In lieu of imposing an additional prison term under	883
division (J)(2)(a) of this section, the court may directly impose	884
on the offender a sanction that requires the offender to wear a	885
real-time processing, continual tracking electronic monitoring	886
device during the period of time specified by the court. The	887
period of time specified by the court shall equal the duration of	888
an additional prison term that the court could have imposed upon	889
the offender under division (J)(2)(a) of this section. A sanction	890
imposed under this division shall commence on the date specified	891
by the court, provided that the sanction shall not commence until	892
after the offender has served the prison term imposed for the	893
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	894
of the Revised Code and any residential sanction imposed for the	895
violation under section 2929.16 of the Revised Code. A sanction	896
imposed under this division shall be considered to be a community	897
control sanction for purposes of section 2929.15 of the Revised	898
Code, and all provisions of the Revised Code that pertain to	899
community control sanctions shall apply to a sanction imposed	900
under this division, except to the extent that they would by their	901
nature be clearly inapplicable. The offender shall pay all costs	902
associated with a sanction imposed under this division, including	903
the cost of the use of the monitoring device.	904

(K) At the time of sentencing, the court may recommend the	905
offender for placement in a program of shock incarceration under	906
section 5120.031 of the Revised Code or for placement in an	907
intensive program prison under section 5120.032 of the Revised	908
Code, disapprove placement of the offender in a program of shock	909
incarceration or an intensive program prison of that nature, or	910
make no recommendation on placement of the offender. In no case	911
shall the department of rehabilitation and correction place the	912
offender in a program or prison of that nature unless the	913
department determines as specified in section 5120.031 or 5120.032	914
of the Revised Code, whichever is applicable, that the offender is	915
eligible for the placement.	916

If the court disapproves placement of the offender in a	917
program or prison of that nature, the department of rehabilitation	918
and correction shall not place the offender in any program of	919
shock incarceration or intensive program prison.	920

If the court recommends placement of the offender in a	921
program of shock incarceration or in an intensive program prison,	922
and if the offender is subsequently placed in the recommended	923
program or prison, the department shall notify the court of the	924
placement and shall include with the notice a brief description of	925
the placement.	926

If the court recommends placement of the offender in a	927
program of shock incarceration or in an intensive program prison	928
and the department does not subsequently place the offender in the	929
recommended program or prison, the department shall send a notice	930
to the court indicating why the offender was not placed in the	931
recommended program or prison.	932

If the court does not make a recommendation under this	933
division with respect to an offender and if the department	934
determines as specified in section 5120.031 or 5120.032 of the	935
Revised Code, whichever is applicable, that the offender is	936
eligible for placement in a program or prison of that nature, the	937
department shall screen the offender and determine if there is an	938
available program of shock incarceration or an intensive program	939
prison for which the offender is suited. If there is an available	940
program of shock incarceration or an intensive program prison for	941
which the offender is suited, the department shall notify the	942
court of the proposed placement of the offender as specified in	943
section 5120.031 or 5120.032 of the Revised Code and shall include	944
with the notice a brief description of the placement. The court	945
shall have ten days from receipt of the notice to disapprove the	946
placement.	947

(L) If a person is convicted of or pleads guilty to	948
aggravated vehicular homicide in violation of division (A)(1) of	949
section 2903.06 of the Revised Code and division (B)(2)(c) of that	950
section applies, the person shall be sentenced pursuant to section	951
2929.142 of the Revised Code.	952

Sec. 2941.1422.  (A) Imposition of a ten-year mandatory	953
prison term upon an offender under division (D)(7) of section	954
2929.14 of the Revised Code is precluded unless the indictment,	955
count in the indictment, or information charging the offense	956
specifies that the offender discharged a firearm while committing	957
the offense and the discharge of the firearm caused injury or	958
death to a child who was under the age of eighteen years at the	959
time of the commission of the offense. The specification shall be	960
stated at the end of the body of the indictment, count, or	961
information and shall be in substantially the following form:	962

"SPECIFICATION (or, SPECIFICATION OF THE FIRST COUNT).

963

The Grand Jurors (or insert the person's or the prosecuting	964
attorney's name when appropriate) further find and specify that	965
(set forth that the offender discharged a firearm while committing	966
the offense and the discharge of the firearm caused injury or	967
death to a child who was under the age of eighteen years at the	968
time of the commission of the offense)."	969

(B) The specification described in division (A) of this	970
section may be used in a delinquent child proceeding in the manner	971
and for the purpose described in section 2152.17 of the Revised	972
Code.	973

(C) As used in this section, "firearm" has the same meaning	974
as in section 2923.11 of the Revised Code.	975

Sec. 5103.0319.  (A) No foster caregiver or prospective	976
foster caregiver shall fail to notify the recommending agency that	977
recommended or is recommending the foster caregiver or prospective	978
foster caregiver for certification in writing if a person at least	979
twelve years of age but less than eighteen years of age residing	980
with the foster caregiver or prospective foster caregiver has been	981
convicted of or pleaded guilty to any of the following or has been	982
adjudicated to be a delinquent child for committing an act that if	983
committed by an adult would have constituted such a violation:	984

(1) A violation of section 2903.01, 2903.02, 2903.03,	985
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	986
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	987
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	988
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	989
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	990
2919.24, 2919.25, 2923.12, 2923,13, 2923.161, 2925.02, 2925.03,	991
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	992
violation of section 2905.04 of the Revised Code as it existed	993
prior to July 1, 1996, a violation of section 2919.23 of the	994
Revised Code that would have been a violation of section 2905.04	995
of the Revised Code as it existed prior to July 1, 1996, had the	996
violation been committed prior to that date, a violation of	997
section 2925.11 of the Revised Code that is not a minor drug	998
possession offense, a violation of section 2923.01 of the Revised	999
Code that involved an attempt to commit aggravated murder or	1000
murder, an OVI or OVUAC violation if the person previously was	1001
convicted of or pleaded guilty to one or more OVI or OVUAC	1002
violations within the three years immediately preceding the	1003
current violation, or felonious sexual penetration in violation of	1004
former section 2907.12 of the Revised Code;	1005

(2) An offense that would be a felony if committed by an	1006
adult and the court determined that the child, if an adult, would	1007
be guilty of a specification found in section 2941.141, 2941.144,	1008
or 2941.145, or 2941.1422 of the Revised Code or in another	1009
section of the Revised Code that relates to the possession or use	1010
of a firearm, as defined in section 2923.11 of the Revised Code,	1011
during the commission of the act for which the child was	1012
adjudicated a delinquent child;	1013

(3) A violation of an existing or former law of this state,	1014
any other state, or the United States that is substantially	1015
equivalent to any of the offenses described in division (A)(1) or	1016
(2) of this section.	1017

(B) If a recommending agency learns that a foster caregiver	1018
has failed to comply with division (A) of this section, it shall	1019
notify the department of job and family services and the	1020
department shall revoke the foster caregiver's foster home	1021
certificate.	1022

(C) As used in this section, "OVI or OVUAC violation" means a	1023
violation of section 4511.19 of the Revised Code or a violation of	1024
an existing or former law of this state, any other state, or the	1025
United States that is substantially equivalent to section 4511.19	1026
of the Revised Code.	1027

Section 2. That existing sections 2152.17, 2152.72, 2929.14,	1028
and 5103.0319 of the Revised Code are hereby repealed.	1029

Section 3.  Section 2929.14 of the Revised Code is presented	1030
in this act as a composite of the section as amended by both Sub.	1031
S.B. 184 and Sub. S.B. 220 of the 127th General Assembly. The	1032
General Assembly, applying the principle stated in division (B)	1033
of section 1.52 of the Revised Code that amendments are to be	1034
harmonized if reasonably capable of simultaneous operation, finds	1035
that the composite is the resulting version of the section in	1036
effect prior to the effective date of the section as presented in	1037
this act.	1038