Reported by the Senate Judiciary Committee

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 62

Representative Gonzales 

Cosponsors: Representatives Winburn, Garland, Pillich, Uecker, Adams, R., Antonio, Baker, Barnes, Beck, Brenner, Celeste, Clyde, Combs, Driehaus, Fedor, Gerberry, Hackett, Hagan, C., Johnson, Luckie, Lundy, Milkovich, Newbold, Patmon, Reece, Ruhl, Schuring, Sears, Slesnick, Stinziano, Szollosi, Weddington, Yuko Speaker Batchelder 

Senators Wagoner, Oelslager, LaRose 

---

A BILL

To amend sections 2903.13 and 2929.13 and to enact

1

section 3727.18 of the Revised Code to authorize a

2

$5,000 fine for assault when the victim is a

3

hospital health care professional, health care

4

worker, or security officer whom the offender

5

knows or has reasonable cause to know is such a

6

professional, worker, or officer, the victim is

7

engaged in the performance of the victim's duties,

8

and the hospital offers de-escalation or crisis

9

intervention training; to increase the penalty for

10

assault to a felony of the fifth degree when

11

committed against any of the specified hospital

12

personnel in the specified circumstances if the

13

offender previously was convicted of a specified

14

assault or homicide offense committed in those

15

circumstances; to authorize a $5,000 fine for

16

assault when the victim is a judge, magistrate,

17

prosecutor, or court official or employee whom the

18

offender knows or has reasonable cause to know is

19

a judge, magistrate, prosecutor, or court official

20

or employee and the victim is engaged in the

21

performance of the victim's duties; to increase

22

the penalty for assault to a felony of the fifth

23

degree when committed against any of the specified

24

justice system personnel in the specified

25

circumstances if the offender previously was

26

convicted of a specified assault or homicide

27

offense committed against any of the specified

28

justice system personnel in the specified

29

circumstances; to include felony assault when

30

committed against any of the specified hospital or

31

justice system personnel in the specified

32

circumstances within the community control

33

presumption of the Felony Sentencing Law; to make

34

clarifying changes in that presumption; and to

35

authorize hospitals to post a warning sign

36

indicating that abuse or assault of staff will not

37

be tolerated and might result in a felony

38

conviction.

39

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

Section 1. That sections 2903.13 and 2929.13 be amended and	40
section 3727.18 of the Revised Code be enacted to read as follows:	41

Sec. 2903.13.  (A) No person shall knowingly cause or attempt	42
to cause physical harm to another or to another's unborn.	43

(B) No person shall recklessly cause serious physical harm to	44
another or to another's unborn.	45

(C)(1) Whoever violates this section is guilty of assault,	46
and the court shall sentence the offender as provided in this	47
division and divisions (C)(1), (2), (3), (4), (5), and (6), (7),	48
and (8) of this section. Except as otherwise provided in division	49
(C)(1), (2), (3), (4), or (5), (6), or (7) of this section,	50
assault is a misdemeanor of the first degree.	51

(1)(2) Except as otherwise provided in this division, if the	52
offense is committed by a caretaker against a functionally	53
impaired person under the caretaker's care, assault is a felony of	54
the fourth degree. If the offense is committed by a caretaker	55
against a functionally impaired person under the caretaker's care,	56
if the offender previously has been convicted of or pleaded guilty	57
to a violation of this section or section 2903.11 or 2903.16 of	58
the Revised Code, and if in relation to the previous conviction	59
the offender was a caretaker and the victim was a functionally	60
impaired person under the offender's care, assault is a felony of	61
the third degree.	62

(2)(3) If the offense is committed in any of the following	63
circumstances, assault is a felony of the fifth degree:	64

(a) The offense occurs in or on the grounds of a state	65
correctional institution or an institution of the department of	66
youth services, the victim of the offense is an employee of the	67
department of rehabilitation and correction, the department of	68
youth services, or a probation department or is on the premises of	69
the particular institution for business purposes or as a visitor,	70
and the offense is committed by a person incarcerated in the state	71
correctional institution, by a person institutionalized in the	72
department of youth services institution pursuant to a commitment	73
to the department of youth services, by a parolee, by an offender	74
under transitional control, under a community control sanction, or	75
on an escorted visit, by a person under post-release control, or	76
by an offender under any other type of supervision by a government	77
agency.	78

(b) The offense occurs in or on the grounds of a local	79
correctional facility, the victim of the offense is an employee of	80
the local correctional facility or a probation department or is on	81
the premises of the facility for business purposes or as a	82
visitor, and the offense is committed by a person who is under	83
custody in the facility subsequent to the person's arrest for any	84
crime or delinquent act, subsequent to the person's being charged	85
with or convicted of any crime, or subsequent to the person's	86
being alleged to be or adjudicated a delinquent child.	87

(c) The offense occurs off the grounds of a state	88
correctional institution and off the grounds of an institution of	89
the department of youth services, the victim of the offense is an	90
employee of the department of rehabilitation and correction, the	91
department of youth services, or a probation department, the	92
offense occurs during the employee's official work hours and while	93
the employee is engaged in official work responsibilities, and the	94
offense is committed by a person incarcerated in a state	95
correctional institution or institutionalized in the department of	96
youth services who temporarily is outside of the institution for	97
any purpose, by a parolee, by an offender under transitional	98
control, under a community control sanction, or on an escorted	99
visit, by a person under post-release control, or by an offender	100
under any other type of supervision by a government agency.	101

(d) The offense occurs off the grounds of a local	102
correctional facility, the victim of the offense is an employee of	103
the local correctional facility or a probation department, the	104
offense occurs during the employee's official work hours and while	105
the employee is engaged in official work responsibilities, and the	106
offense is committed by a person who is under custody in the	107
facility subsequent to the person's arrest for any crime or	108
delinquent act, subsequent to the person being charged with or	109
convicted of any crime, or subsequent to the person being alleged	110
to be or adjudicated a delinquent child and who temporarily is	111
outside of the facility for any purpose or by a parolee, by an	112
offender under transitional control, under a community control	113
sanction, or on an escorted visit, by a person under post-release	114
control, or by an offender under any other type of supervision by	115
a government agency.	116

(e) The victim of the offense is a school teacher or	117
administrator or a school bus operator, and the offense occurs in	118
a school, on school premises, in a school building, on a school	119
bus, or while the victim is outside of school premises or a school	120
bus and is engaged in duties or official responsibilities	121
associated with the victim's employment or position as a school	122
teacher or administrator or a school bus operator, including, but	123
not limited to, driving, accompanying, or chaperoning students at	124
or on class or field trips, athletic events, or other school	125
extracurricular activities or functions outside of school	126
premises.	127

(3)(4) If the victim of the offense is a peace officer or an	128
investigator of the bureau of criminal identification and	129
investigation, a firefighter, or a person performing emergency	130
medical service, while in the performance of their official	131
duties, assault is a felony of the fourth degree.	132

(4)(5) If the victim of the offense is a peace officer or an	133
investigator of the bureau of criminal identification and	134
investigation and if the victim suffered serious physical harm as	135
a result of the commission of the offense, assault is a felony of	136
the fourth degree, and the court, pursuant to division (F) of	137
section 2929.13 of the Revised Code, shall impose as a mandatory	138
prison term one of the prison terms prescribed for a felony of the	139
fourth degree that is at least twelve months in duration.	140

(5)(6) If the victim of the offense is an officer or employee	141
of a public children services agency or a private child placing	142
agency and the offense relates to the officer's or employee's	143
performance or anticipated performance of official	144
responsibilities or duties, assault is either a felony of the	145
fifth degree or, if the offender previously has been convicted of	146
or pleaded guilty to an offense of violence, the victim of that	147
prior offense was an officer or employee of a public children	148
services agency or private child placing agency, and that prior	149
offense related to the officer's or employee's performance or	150
anticipated performance of official responsibilities or duties, a	151
felony of the fourth degree.	152

(6)(7) If the victim of the offense is a health care	153
professional of a hospital, a health care worker of a hospital, or	154
a security officer of a hospital whom the offender knows or has	155
reasonable cause to know is a health care professional of a	156
hospital, a health care worker of a hospital, or a security	157
officer of a hospital, if the victim is engaged in the performance	158
of the victim's duties, and if the hospital offers de-escalation	159
or crisis intervention training for such professionals, workers,	160
or officers, assault is one of the following:	161

(a) Except as otherwise provided in division (C)(7)(b) of	162
this section, assault committed in the specified circumstances is	163
a misdemeanor of the first degree. Notwithstanding the fine	164
specified in division (A)(2)(b) of section 2929.28 of the Revised	165
Code for a misdemeanor of the first degree, in sentencing the	166
offender under this division and if the court decides to impose a	167
fine, the court may impose upon the offender a fine of not more	168
than five thousand dollars.	169

(b) If the offender previously has been convicted of or	170
pleaded guilty to one or more assault or homicide offenses	171
committed against hospital personnel, assault committed in the	172
specified circumstances is a felony of the fifth degree.	173

(8) If the victim of the offense is a judge, magistrate,	174
prosecutor, or court official or employee whom the offender knows	175
or has reasonable cause to know is a judge, magistrate,	176
prosecutor, or court official or employee, and if the victim is	177
engaged in the performance of the victim's duties, assault is one	178
of the following:	179

(a) Except as otherwise provided in division (C)(7)(b) of	180
this section, assault committed in the specified circumstances is	181
a misdemeanor of the first degree. In sentencing the offender	182
under this division, if the court decides to impose a fine,	183
notwithstanding the fine specified in division (A)(2)(b) of	184
section 2929.28 of the Revised Code for a misdemeanor of the first	185
degree, the court may impose upon the offender a fine of not more	186
than five thousand dollars.	187

(b) If the offender previously has been convicted of or	188
pleaded guilty to one or more assault or homicide offenses	189
committed against justice system personnel, assault committed in	190
the specified circumstances is a felony of the fifth degree.	191

(9) If an offender who is convicted of or pleads guilty to	192
assault when it is a misdemeanor also is convicted of or pleads	193
guilty to a specification as described in section 2941.1423 of the	194
Revised Code that was included in the indictment, count in the	195
indictment, or information charging the offense, the court shall	196
sentence the offender to a mandatory jail term as provided in	197
division (G) of section 2929.24 of the Revised Code.	198

If an offender who is convicted of or pleads guilty to	199
assault when it is a felony also is convicted of or pleads guilty	200
to a specification as described in section 2941.1423 of the	201
Revised Code that was included in the indictment, count in the	202
indictment, or information charging the offense, except as	203
otherwise provided in division (C)(4)(5) of this section, the	204
court shall sentence the offender to a mandatory prison term as	205
provided in division (B)(8) of section 2929.14 of the Revised	206
Code.	207

(D) As used in this section:

208

(1) "Peace officer" has the same meaning as in section	209
2935.01 of the Revised Code.	210

(2) "Firefighter" has the same meaning as in section 3937.41	211
of the Revised Code.	212

(3) "Emergency medical service" has the same meaning as in	213
section 4765.01 of the Revised Code.	214

(4) "Local correctional facility" means a county,	215
multicounty, municipal, municipal-county, or multicounty-municipal	216
jail or workhouse, a minimum security jail established under	217
section 341.23 or 753.21 of the Revised Code, or another county,	218
multicounty, municipal, municipal-county, or multicounty-municipal	219
facility used for the custody of persons arrested for any crime or	220
delinquent act, persons charged with or convicted of any crime, or	221
persons alleged to be or adjudicated a delinquent child.	222

(5) "Employee of a local correctional facility" means a	223
person who is an employee of the political subdivision or of one	224
or more of the affiliated political subdivisions that operates the	225
local correctional facility and who operates or assists in the	226
operation of the facility.	227

(6) "School teacher or administrator" means either of the	228
following:	229

(a) A person who is employed in the public schools of the	230
state under a contract described in section 3319.08 of the Revised	231
Code in a position in which the person is required to have a	232
certificate issued pursuant to sections 3319.22 to 3319.311 of the	233
Revised Code.	234

(b) A person who is employed by a nonpublic school for which	235
the state board of education prescribes minimum standards under	236
section 3301.07 of the Revised Code and who is certificated in	237
accordance with section 3301.071 of the Revised Code.	238

(7) "Community control sanction" has the same meaning as in	239
section 2929.01 of the Revised Code.	240

(8) "Escorted visit" means an escorted visit granted under	241
section 2967.27 of the Revised Code.	242

(9) "Post-release control" and "transitional control" have	243
the same meanings as in section 2967.01 of the Revised Code.	244

(10) "Investigator of the bureau of criminal identification	245
and investigation" has the same meaning as in section 2903.11 of	246
the Revised Code.	247

(11) "Health care professional" and "health care worker" have	248
the same meanings as in section 2305.234 of the Revised Code.	249

(12) "Assault or homicide offense committed against hospital	250
personnel" means a violation of this section or of section	251
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or	252
2903.14 of the Revised Code committed in circumstances in which	253
all of the following apply:	254

(a) The victim of the offense was a health care professional	255
of a hospital, a health care worker of a hospital, or a security	256
officer of a hospital.	257

(b) The offender knew or had reasonable cause to know that	258
the victim was a health care professional of a hospital, a health	259
care worker of a hospital, or a security officer of a hospital.	260

(c) The victim was engaged in the performance of the victim's	261
duties.	262

(d) The hospital offered de-escalation or crisis intervention	263
training for such professionals, workers, or officers.	264

(13) "De-escalation or crisis intervention training" means	265
de-escalation or crisis intervention training for health care	266
professionals of a hospital, health care workers of a hospital,	267
and security officers of a hospital to facilitate interaction with	268
patients, members of a patient's family, and visitors, including	269
those with mental impairments.	270

(14) "Assault or homicide offense committed against justice	271
system personnel" means a violation of this section or of section	272
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or	273
2903.14 of the Revised Code committed in circumstances in which	274
the victim of the offense was a judge, magistrate, prosecutor, or	275
court official or employee whom the offender knew or had	276
reasonable cause to know was a judge, magistrate, prosecutor, or	277
court official or employee, and the victim was engaged in the	278
performance of the victim's duties.	279

(15) "Court official or employee" means any official or	280
employee of a court created under the constitution or statutes of	281
this state or of a United States court located in this state.	282

(16) "Judge" means a judge of a court created under the	283
constitution or statutes of this state or of a United States court	284
located in this state.	285

(17) "Magistrate" means an individual who is appointed by a	286
court of record of this state and who has the powers and may	287
perform the functions specified in Civil Rule 53, Criminal Rule	288
19, or Juvenile Rule 40, or an individual who is appointed by a	289
United States court located in this state who has similar powers	290
and functions.	291

(18) "Prosecutor" has the same meaning as in section 2935.01	292
of the Revised Code.	293

(19)(a) "Hospital" means, subject to division (D)(19)(b) of	294
this section, an institution classified as a hospital under	295
section 3701.01 of the Revised Code in which are provided to	296
patients diagnostic, medical, surgical, obstetrical, psychiatric,	297
or rehabilitation care or a hospital operated by a health	298
maintenance organization.	299

(b) "Hospital" does not include any of the following:

300

(i) A facility licensed under Chapter 3721. of the Revised	301
Code, a health care facility operated by the department of mental	302
health or the department of developmental disabilities, a health	303
maintenance organization that does not operate a hospital, or the	304
office of any private, licensed health care professional, whether	305
organized for individual or group practice;	306

(ii) An institution for the sick that is operated exclusively	307
for patients who use spiritual means for healing and for whom the	308
acceptance of medical care is inconsistent with their religious	309
beliefs, accredited by a national accrediting organization, exempt	310
from federal income taxation under section 501 of the "Internal	311
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended,	312
and providing twenty-four-hour nursing care pursuant to the	313
exemption in division (E) of section 4723.32 of the Revised Code	314
from the licensing requirements of Chapter 4723. of the Revised	315
Code.	316

(20) "Health maintenance organization" has the same meaning	317
as in section 3727.01 of the Revised Code.	318

Sec. 2929.13.  (A) Except as provided in division (E), (F),	319
or (G) of this section and unless a specific sanction is required	320
to be imposed or is precluded from being imposed pursuant to law,	321
a court that imposes a sentence upon an offender for a felony may	322
impose any sanction or combination of sanctions on the offender	323
that are provided in sections 2929.14 to 2929.18 of the Revised	324
Code.	325

If the offender is eligible to be sentenced to community	326
control sanctions, the court shall consider the appropriateness of	327
imposing a financial sanction pursuant to section 2929.18 of the	328
Revised Code or a sanction of community service pursuant to	329
section 2929.17 of the Revised Code as the sole sanction for the	330
offense. Except as otherwise provided in this division, if the	331
court is required to impose a mandatory prison term for the	332
offense for which sentence is being imposed, the court also shall	333
impose any financial sanction pursuant to section 2929.18 of the	334
Revised Code that is required for the offense and may impose any	335
other financial sanction pursuant to that section but may not	336
impose any additional sanction or combination of sanctions under	337
section 2929.16 or 2929.17 of the Revised Code.	338

If the offender is being sentenced for a fourth degree felony	339
OVI offense or for a third degree felony OVI offense, in addition	340
to the mandatory term of local incarceration or the mandatory	341
prison term required for the offense by division (G)(1) or (2) of	342
this section, the court shall impose upon the offender a mandatory	343
fine in accordance with division (B)(3) of section 2929.18 of the	344
Revised Code and may impose whichever of the following is	345
applicable:	346

(1) For a fourth degree felony OVI offense for which sentence	347
is imposed under division (G)(1) of this section, an additional	348
community control sanction or combination of community control	349
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	350
the court imposes upon the offender a community control sanction	351
and the offender violates any condition of the community control	352
sanction, the court may take any action prescribed in division (B)	353
of section 2929.15 of the Revised Code relative to the offender,	354
including imposing a prison term on the offender pursuant to that	355
division.	356

(2) For a third or fourth degree felony OVI offense for which	357
sentence is imposed under division (G)(2) of this section, an	358
additional prison term as described in division (B)(4) of section	359
2929.14 of the Revised Code or a community control sanction as	360
described in division (G)(2) of this section.	361

(B)(1)(a) Except as provided in division (B)(1)(b) of this	362
section, if an offender is convicted of or pleads guilty to a	363
felony of the fourth or fifth degree that is not an offense of	364
violence or that is a qualifying assault offense, the court shall	365
sentence the offender to a community control sanction of at least	366
one year's duration if all of the following apply:	367

(i) The offender previously has not been convicted of or	368
pleaded guilty to a felony offense or to an offense of violence	369
that is a misdemeanor and that the offender committed within two	370
years prior to the offense for which sentence is being imposed.	371

(ii) The most serious charge against the offender at the time	372
of sentencing is a felony of the fourth or fifth degree.	373

(iii) If the court made a request of the department of	374
rehabilitation and correction pursuant to division (B)(1)(c) of	375
this section, the department, within the forty-five-day period	376
specified in that division, provided the court with the names of,	377
contact information for, and program details of one or more	378
community control sanctions of at least one year's duration that	379
are available for persons sentenced by the court.	380

(b) The court has discretion to impose a prison term upon an	381
offender who is convicted of or pleads guilty to a felony of the	382
fourth or fifth degree that is not an offense of violence or that	383
is a qualifying assault offense if any of the following apply:	384

(i) The offender committed the offense while having a firearm	385
on or about the offender's person or under the offender's control.	386

(ii) TheIf the offense is a qualifying assault offense, the	387
offender caused serious physical harm to another person while	388
committing the offense, and, if the offense is not a qualifying	389
assault offense, the offender caused physical harm to another	390
person while committing the offense.	391

(iii) The offender violated a term of the conditions of bond	392
as set by the court.	393

(iv) The court made a request of the department of	394
rehabilitation and correction pursuant to division (B)(1)(c) of	395
this section, and the department, within the forty-five-day period	396
specified in that division, did not provide the court with the	397
name of, contact information for, and program details of any	398
community control sanction of at least one year's duration that is	399
available for persons sentenced by the court.	400

(c) If a court that is sentencing an offender who is	401
convicted of or pleads guilty to a felony of the fourth or fifth	402
degree that is not an offense of violence or that is a qualifying	403
assault offense believes that no community control sanctions are	404
available for its use that, if imposed on the offender, will	405
adequately fulfill the overriding principles and purposes of	406
sentencing, the court shall contact the department of	407
rehabilitation and correction and ask the department to provide	408
the court with the names of, contact information for, and program	409
details of one or more community control sanctions of at least one	410
year's duration that are available for persons sentenced by the	411
court. Not later than forty-five days after receipt of a request	412
from a court under this division, the department shall provide the	413
court with the names of, contact information for, and program	414
details of one or more community control sanctions of at least one	415
year's duration that are available for persons sentenced by the	416
court, if any. Upon making a request under this division that	417
relates to a particular offender, a court shall defer sentencing	418
of that offender until it receives from the department the names	419
of, contact information for, and program details of one or more	420
community control sanctions of at least one year's duration that	421
are available for persons sentenced by the court or for forty-five	422
days, whichever is the earlier.	423

If the department provides the court with the names of,	424
contact information for, and program details of one or more	425
community control sanctions of at least one year's duration that	426
are available for persons sentenced by the court within the	427
forty-five-day period specified in this division, the court shall	428
impose upon the offender a community control sanction under	429
division (B)(1)(a) of this section, subject to divisionsexcept	430
that the court may impose a prison term under division (B)(1)(b)	431
of this section if a factor described in division (B)(1)(b)(i) and	432
or (ii) of this section applies. If the department does not	433
provide the court with the names of, contact information for, and	434
program details of one or more community control sanctions of at	435
least one year's duration that are available for persons sentenced	436
by the court within the forty-five-day period specified in this	437
division, the court may impose upon the offender a prison term	438
under division (B)(1)(b)(iii)(iv) of this section.	439

(d) A sentencing court may impose an additional penalty under	440
division (B) of section 2929.15 of the Revised Code upon an	441
offender sentenced to a community control sanction under division	442
(B)(1)(a) of this section if the offender violates the conditions	443
of the community control sanction, violates a law, or leaves the	444
state without the permission of the court or the offender's	445
probation officer.	446

(2) If division (B)(1) of this section does not apply, except	447
as provided in division (B)(3), (E), (F), or (G) of this section,	448
in sentencing an offender for a felony of the fourth or fifth	449
degree, the sentencing court shall determine whether any of the	450
following apply:	451

(a) In committing the offense, the offender caused physical	452
harm to a person.	453

(b) In committing the offense, the offender attempted to	454
cause or made an actual threat of physical harm to a person with a	455
deadly weapon.	456

(c) In committing the offense, the offender attempted to	457
cause or made an actual threat of physical harm to a person, and	458
the offender previously was convicted of an offense that caused	459
physical harm to a person.	460

(d) The offender held a public office or position of trust	461
and the offense related to that office or position; the offender's	462
position obliged the offender to prevent the offense or to bring	463
those committing it to justice; or the offender's professional	464
reputation or position facilitated the offense or was likely to	465
influence the future conduct of others.	466

(e) The offender committed the offense for hire or as part of	467
an organized criminal activity.	468

(f) The offense is a sex offense that is a fourth or fifth	469
degree felony violation of section 2907.03, 2907.04, 2907.05,	470
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	471
Revised Code.	472

(g) The offender at the time of the offense was serving, or	473
the offender previously had served, a prison term.	474

(h) The offender committed the offense while under a	475
community control sanction, while on probation, or while released	476
from custody on a bond or personal recognizance.	477

(i) The offender committed the offense while in possession of	478
a firearm.	479

(3)(a) If the court makes a finding described in division	480
(B)(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	481
section and if the court, after considering the factors set forth	482
in section 2929.12 of the Revised Code, finds that a prison term	483
is consistent with the purposes and principles of sentencing set	484
forth in section 2929.11 of the Revised Code and finds that the	485
offender is not amenable to an available community control	486
sanction, the court shall impose a prison term upon the offender.	487

(b) Except as provided in division (E), (F), or (G) of this	488
section, if the court does not make a finding described in	489
division (B)(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	490
this section and if the court, after considering the factors set	491
forth in section 2929.12 of the Revised Code, finds that a	492
community control sanction or combination of community control	493
sanctions is consistent with the purposes and principles of	494
sentencing set forth in section 2929.11 of the Revised Code, the	495
court shall impose a community control sanction or combination of	496
community control sanctions upon the offender.	497

(C) Except as provided in division (D), (E), (F), or (G) of	498
this section, in determining whether to impose a prison term as a	499
sanction for a felony of the third degree or a felony drug offense	500
that is a violation of a provision of Chapter 2925. of the Revised	501
Code and that is specified as being subject to this division for	502
purposes of sentencing, the sentencing court shall comply with the	503
purposes and principles of sentencing under section 2929.11 of the	504
Revised Code and with section 2929.12 of the Revised Code.	505

(D)(1) Except as provided in division (E) or (F) of this	506
section, for a felony of the first or second degree, for a felony	507
drug offense that is a violation of any provision of Chapter	508
2925., 3719., or 4729. of the Revised Code for which a presumption	509
in favor of a prison term is specified as being applicable, and	510
for a violation of division (A)(4) or (B) of section 2907.05 of	511
the Revised Code for which a presumption in favor of a prison term	512
is specified as being applicable, it is presumed that a prison	513
term is necessary in order to comply with the purposes and	514
principles of sentencing under section 2929.11 of the Revised	515
Code. Division (D)(2) of this section does not apply to a	516
presumption established under this division for a violation of	517
division (A)(4) of section 2907.05 of the Revised Code.	518

(2) Notwithstanding the presumption established under	519
division (D)(1) of this section for the offenses listed in that	520
division other than a violation of division (A)(4) or (B) of	521
section 2907.05 of the Revised Code, the sentencing court may	522
impose a community control sanction or a combination of community	523
control sanctions instead of a prison term on an offender for a	524
felony of the first or second degree or for a felony drug offense	525
that is a violation of any provision of Chapter 2925., 3719., or	526
4729. of the Revised Code for which a presumption in favor of a	527
prison term is specified as being applicable if it makes both of	528
the following findings:	529

(a) A community control sanction or a combination of	530
community control sanctions would adequately punish the offender	531
and protect the public from future crime, because the applicable	532
factors under section 2929.12 of the Revised Code indicating a	533
lesser likelihood of recidivism outweigh the applicable factors	534
under that section indicating a greater likelihood of recidivism.	535

(b) A community control sanction or a combination of	536
community control sanctions would not demean the seriousness of	537
the offense, because one or more factors under section 2929.12 of	538
the Revised Code that indicate that the offender's conduct was	539
less serious than conduct normally constituting the offense are	540
applicable, and they outweigh the applicable factors under that	541
section that indicate that the offender's conduct was more serious	542
than conduct normally constituting the offense.	543

(E)(1) Except as provided in division (F) of this section,	544
for any drug offense that is a violation of any provision of	545
Chapter 2925. of the Revised Code and that is a felony of the	546
third, fourth, or fifth degree, the applicability of a presumption	547
under division (D) of this section in favor of a prison term or of	548
division (B) or (C) of this section in determining whether to	549
impose a prison term for the offense shall be determined as	550
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	551
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	552
Revised Code, whichever is applicable regarding the violation.	553

(2) If an offender who was convicted of or pleaded guilty to	554
a felony violates the conditions of a community control sanction	555
imposed for the offense solely by reason of producing positive	556
results on a drug test, the court, as punishment for the violation	557
of the sanction, shall not order that the offender be imprisoned	558
unless the court determines on the record either of the following:	559

(a) The offender had been ordered as a sanction for the	560
felony to participate in a drug treatment program, in a drug	561
education program, or in narcotics anonymous or a similar program,	562
and the offender continued to use illegal drugs after a reasonable	563
period of participation in the program.	564

(b) The imprisonment of the offender for the violation is	565
consistent with the purposes and principles of sentencing set	566
forth in section 2929.11 of the Revised Code.	567

(3) A court that sentences an offender for a drug abuse	568
offense that is a felony of the third, fourth, or fifth degree may	569
require that the offender be assessed by a properly credentialed	570
professional within a specified period of time. The court shall	571
require the professional to file a written assessment of the	572
offender with the court. If the offender is eligible for a	573
community control sanction and after considering the written	574
assessment, the court may impose a community control sanction that	575
includes treatment and recovery support services authorized by	576
section 3793.02 of the Revised Code. If the court imposes	577
treatment and recovery support services as a community control	578
sanction, the court shall direct the level and type of treatment	579
and recovery support services after considering the assessment and	580
recommendation of treatment and recovery support services	581
providers.	582

(F) Notwithstanding divisions (A) to (E) of this section, the	583
court shall impose a prison term or terms under sections 2929.02	584
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	585
of the Revised Code and except as specifically provided in section	586
2929.20, divisions (C) to (I) of section 2967.19, or section	587
2967.191 of the Revised Code or when parole is authorized for the	588
offense under section 2967.13 of the Revised Code shall not reduce	589
the term or terms pursuant to section 2929.20, section 2967.19,	590
section 2967.193, or any other provision of Chapter 2967. or	591
Chapter 5120. of the Revised Code for any of the following	592
offenses:	593

(1) Aggravated murder when death is not imposed or murder;

594

(2) Any rape, regardless of whether force was involved and	595
regardless of the age of the victim, or an attempt to commit rape	596
if, had the offender completed the rape that was attempted, the	597
offender would have been guilty of a violation of division	598
(A)(1)(b) of section 2907.02 of the Revised Code and would be	599
sentenced under section 2971.03 of the Revised Code;	600

(3) Gross sexual imposition or sexual battery, if the victim	601
is less than thirteen years of age and if any of the following	602
applies:	603

(a) Regarding gross sexual imposition, the offender	604
previously was convicted of or pleaded guilty to rape, the former	605
offense of felonious sexual penetration, gross sexual imposition,	606
or sexual battery, and the victim of the previous offense was less	607
than thirteen years of age;	608

(b) Regarding gross sexual imposition, the offense was	609
committed on or after August 3, 2006, and evidence other than the	610
testimony of the victim was admitted in the case corroborating the	611
violation.	612

(c) Regarding sexual battery, either of the following	613
applies:	614

(i) The offense was committed prior to August 3, 2006, the	615
offender previously was convicted of or pleaded guilty to rape,	616
the former offense of felonious sexual penetration, or sexual	617
battery, and the victim of the previous offense was less than	618
thirteen years of age.	619

(ii) The offense was committed on or after August 3, 2006.

620

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	621
2903.11, 2903.12, 2903.13, or 2907.07 of the Revised Code if the	622
section requires the imposition of a prison term;	623

(5) A first, second, or third degree felony drug offense for	624
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	625
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	626
4729.99 of the Revised Code, whichever is applicable regarding the	627
violation, requires the imposition of a mandatory prison term;	628

(6) Any offense that is a first or second degree felony and	629
that is not set forth in division (F)(1), (2), (3), or (4) of this	630
section, if the offender previously was convicted of or pleaded	631
guilty to aggravated murder, murder, any first or second degree	632
felony, or an offense under an existing or former law of this	633
state, another state, or the United States that is or was	634
substantially equivalent to one of those offenses;	635

(7) Any offense that is a third degree felony and either is a	636
violation of section 2903.04 of the Revised Code or an attempt to	637
commit a felony of the second degree that is an offense of	638
violence and involved an attempt to cause serious physical harm to	639
a person or that resulted in serious physical harm to a person if	640
the offender previously was convicted of or pleaded guilty to any	641
of the following offenses:	642

(a) Aggravated murder, murder, involuntary manslaughter,	643
rape, felonious sexual penetration as it existed under section	644
2907.12 of the Revised Code prior to September 3, 1996, a felony	645
of the first or second degree that resulted in the death of a	646
person or in physical harm to a person, or complicity in or an	647
attempt to commit any of those offenses;	648

(b) An offense under an existing or former law of this state,	649
another state, or the United States that is or was substantially	650
equivalent to an offense listed in division (F)(7)(a) of this	651
section that resulted in the death of a person or in physical harm	652
to a person.	653

(8) Any offense, other than a violation of section 2923.12 of	654
the Revised Code, that is a felony, if the offender had a firearm	655
on or about the offender's person or under the offender's control	656
while committing the felony, with respect to a portion of the	657
sentence imposed pursuant to division (B)(1)(a) of section 2929.14	658
of the Revised Code for having the firearm;	659

(9) Any offense of violence that is a felony, if the offender	660
wore or carried body armor while committing the felony offense of	661
violence, with respect to the portion of the sentence imposed	662
pursuant to division (B)(1)(d) of section 2929.14 of the Revised	663
Code for wearing or carrying the body armor;	664

(10) Corrupt activity in violation of section 2923.32 of the	665
Revised Code when the most serious offense in the pattern of	666
corrupt activity that is the basis of the offense is a felony of	667
the first degree;	668

(11) Any violent sex offense or designated homicide, assault,	669
or kidnapping offense if, in relation to that offense, the	670
offender is adjudicated a sexually violent predator;	671

(12) A violation of division (A)(1) or (2) of section 2921.36	672
of the Revised Code, or a violation of division (C) of that	673
section involving an item listed in division (A)(1) or (2) of that	674
section, if the offender is an officer or employee of the	675
department of rehabilitation and correction;	676

(13) A violation of division (A)(1) or (2) of section 2903.06	677
of the Revised Code if the victim of the offense is a peace	678
officer, as defined in section 2935.01 of the Revised Code, or an	679
investigator of the bureau of criminal identification and	680
investigation, as defined in section 2903.11 of the Revised Code,	681
with respect to the portion of the sentence imposed pursuant to	682
division (B)(5) of section 2929.14 of the Revised Code;	683

(14) A violation of division (A)(1) or (2) of section 2903.06	684
of the Revised Code if the offender has been convicted of or	685
pleaded guilty to three or more violations of division (A) or (B)	686
of section 4511.19 of the Revised Code or an equivalent offense,	687
as defined in section 2941.1415 of the Revised Code, or three or	688
more violations of any combination of those divisions and	689
offenses, with respect to the portion of the sentence imposed	690
pursuant to division (B)(6) of section 2929.14 of the Revised	691
Code;	692

(15) Kidnapping, in the circumstances specified in section	693
2971.03 of the Revised Code and when no other provision of	694
division (F) of this section applies;	695

(16) Kidnapping, abduction, compelling prostitution,	696
promoting prostitution, engaging in a pattern of corrupt activity,	697
illegal use of a minor in a nudity-oriented material or	698
performance in violation of division (A)(1) or (2) of section	699
2907.323 of the Revised Code, or endangering children in violation	700
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	701
the Revised Code, if the offender is convicted of or pleads guilty	702
to a specification as described in section 2941.1422 of the	703
Revised Code that was included in the indictment, count in the	704
indictment, or information charging the offense;	705

(17) A felony violation of division (A) or (B) of section	706
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	707
that section, and division (D)(6) of that section, require the	708
imposition of a prison term;	709

(18) A felony violation of section 2903.11, 2903.12, or	710
2903.13 of the Revised Code, if the victim of the offense was a	711
woman that the offender knew was pregnant at the time of the	712
violation, with respect to a portion of the sentence imposed	713
pursuant to division (B)(8) of section 2929.14 of the Revised	714
Code.	715

(G) Notwithstanding divisions (A) to (E) of this section, if	716
an offender is being sentenced for a fourth degree felony OVI	717
offense or for a third degree felony OVI offense, the court shall	718
impose upon the offender a mandatory term of local incarceration	719
or a mandatory prison term in accordance with the following:	720

(1) If the offender is being sentenced for a fourth degree	721
felony OVI offense and if the offender has not been convicted of	722
and has not pleaded guilty to a specification of the type	723
described in section 2941.1413 of the Revised Code, the court may	724
impose upon the offender a mandatory term of local incarceration	725
of sixty days or one hundred twenty days as specified in division	726
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	727
not reduce the term pursuant to section 2929.20, 2967.193, or any	728
other provision of the Revised Code. The court that imposes a	729
mandatory term of local incarceration under this division shall	730
specify whether the term is to be served in a jail, a	731
community-based correctional facility, a halfway house, or an	732
alternative residential facility, and the offender shall serve the	733
term in the type of facility specified by the court. A mandatory	734
term of local incarceration imposed under division (G)(1) of this	735
section is not subject to any other Revised Code provision that	736
pertains to a prison term except as provided in division (A)(1) of	737
this section.	738

(2) If the offender is being sentenced for a third degree	739
felony OVI offense, or if the offender is being sentenced for a	740
fourth degree felony OVI offense and the court does not impose a	741
mandatory term of local incarceration under division (G)(1) of	742
this section, the court shall impose upon the offender a mandatory	743
prison term of one, two, three, four, or five years if the	744
offender also is convicted of or also pleads guilty to a	745
specification of the type described in section 2941.1413 of the	746
Revised Code or shall impose upon the offender a mandatory prison	747
term of sixty days or one hundred twenty days as specified in	748
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	749
if the offender has not been convicted of and has not pleaded	750
guilty to a specification of that type. Subject to divisions (C)	751
to (I) of section 2967.19 of the Revised Code, the court shall not	752
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or	753
any other provision of the Revised Code. The offender shall serve	754
the one-, two-, three-, four-, or five-year mandatory prison term	755
consecutively to and prior to the prison term imposed for the	756
underlying offense and consecutively to any other mandatory prison	757
term imposed in relation to the offense. In no case shall an	758
offender who once has been sentenced to a mandatory term of local	759
incarceration pursuant to division (G)(1) of this section for a	760
fourth degree felony OVI offense be sentenced to another mandatory	761
term of local incarceration under that division for any violation	762
of division (A) of section 4511.19 of the Revised Code. In	763
addition to the mandatory prison term described in division (G)(2)	764
of this section, the court may sentence the offender to a	765
community control sanction under section 2929.16 or 2929.17 of the	766
Revised Code, but the offender shall serve the prison term prior	767
to serving the community control sanction. The department of	768
rehabilitation and correction may place an offender sentenced to a	769
mandatory prison term under this division in an intensive program	770
prison established pursuant to section 5120.033 of the Revised	771
Code if the department gave the sentencing judge prior notice of	772
its intent to place the offender in an intensive program prison	773
established under that section and if the judge did not notify the	774
department that the judge disapproved the placement. Upon the	775
establishment of the initial intensive program prison pursuant to	776
section 5120.033 of the Revised Code that is privately operated	777
and managed by a contractor pursuant to a contract entered into	778
under section 9.06 of the Revised Code, both of the following	779
apply:	780

(a) The department of rehabilitation and correction shall	781
make a reasonable effort to ensure that a sufficient number of	782
offenders sentenced to a mandatory prison term under this division	783
are placed in the privately operated and managed prison so that	784
the privately operated and managed prison has full occupancy.	785

(b) Unless the privately operated and managed prison has full	786
occupancy, the department of rehabilitation and correction shall	787
not place any offender sentenced to a mandatory prison term under	788
this division in any intensive program prison established pursuant	789
to section 5120.033 of the Revised Code other than the privately	790
operated and managed prison.	791

(H) If an offender is being sentenced for a sexually oriented	792
offense or child-victim oriented offense that is a felony	793
committed on or after January 1, 1997, the judge shall require the	794
offender to submit to a DNA specimen collection procedure pursuant	795
to section 2901.07 of the Revised Code.	796

(I) If an offender is being sentenced for a sexually oriented	797
offense or a child-victim oriented offense committed on or after	798
January 1, 1997, the judge shall include in the sentence a summary	799
of the offender's duties imposed under sections 2950.04, 2950.041,	800
2950.05, and 2950.06 of the Revised Code and the duration of the	801
duties. The judge shall inform the offender, at the time of	802
sentencing, of those duties and of their duration. If required	803
under division (A)(2) of section 2950.03 of the Revised Code, the	804
judge shall perform the duties specified in that section, or, if	805
required under division (A)(6) of section 2950.03 of the Revised	806
Code, the judge shall perform the duties specified in that	807
division.	808

(J)(1) Except as provided in division (J)(2) of this section,	809
when considering sentencing factors under this section in relation	810
to an offender who is convicted of or pleads guilty to an attempt	811
to commit an offense in violation of section 2923.02 of the	812
Revised Code, the sentencing court shall consider the factors	813
applicable to the felony category of the violation of section	814
2923.02 of the Revised Code instead of the factors applicable to	815
the felony category of the offense attempted.	816

(2) When considering sentencing factors under this section in	817
relation to an offender who is convicted of or pleads guilty to an	818
attempt to commit a drug abuse offense for which the penalty is	819
determined by the amount or number of unit doses of the controlled	820
substance involved in the drug abuse offense, the sentencing court	821
shall consider the factors applicable to the felony category that	822
the drug abuse offense attempted would be if that drug abuse	823
offense had been committed and had involved an amount or number of	824
unit doses of the controlled substance that is within the next	825
lower range of controlled substance amounts than was involved in	826
the attempt.	827

(K) As used in this section, "drug:

828

(1) "Drug abuse offense" has the same meaning as in section	829
2925.01 of the Revised Code.	830

(2) "Qualifying assault offense" means a violation of section	831
2903.13 of the Revised Code for which the penalty provision in	832
division (C)(7)(b) or (C)(8)(b) of that section applies.	833

(L) At the time of sentencing an offender for any sexually	834
oriented offense, if the offender is a tier III sex	835
offender/child-victim offender relative to that offense and the	836
offender does not serve a prison term or jail term, the court may	837
require that the offender be monitored by means of a global	838
positioning device. If the court requires such monitoring, the	839
cost of monitoring shall be borne by the offender. If the offender	840
is indigent, the cost of compliance shall be paid by the crime	841
victims reparations fund.	842

Sec. 3727.18.  (A) Any hospital may post the notice described	843
in division (B) of this section in accordance with this division.	844
A hospital that decides to post the notice shall consider posting	845
it in a conspicuous location in all of the following areas:	846

(1) Major waiting room areas, including the waiting room	847
areas of the emergency department, the labor and delivery	848
department, the surgical department or unit, and the intensive	849
care unit;	850

(2) The main entrance to the hospital;

851

(3) Any other area that the hospital determines to be	852
appropriate.	853

(B) A notice posted pursuant to division (A) of this section	854
shall include, at a minimum, all of the following statements and	855
information:	856

"WE WILL NOT TOLERATE	857

any form of threatening or	858

aggressive behavior	859

toward our staff.	860

Assaults against our staff might	861

result in a felony conviction.	862

All staff have the right to carry out	863

their work without fearing for their safety."	864

Section 2.  That existing sections 2903.13 and 2929.13 of the	865
Revised Code are hereby repealed.	866