H. B. No. 86 As Introduced

As Introduced

129th General Assembly

Regular Session

2011-2012

H. B. No. 86

Representatives Blessing, Heard

A BILL

To amend sections 109.42, 307.93, 309.18, 341.12,

926.99, 1333.99, 1707.99, 1716.99, 2743.191,

2909.03, 2909.05, 2909.11, 2913.01, 2913.02,

2913.03, 2913.04, 2913.11, 2913.21, 2913.31,

2913.32, 2913.34, 2913.40, 2913.401, 2913.42,

2913.421, 2913.43, 2913.45, 2913.46, 2913.47,

2913.48, 2913.49, 2913.51, 2913.61, 2915.05,

2917.21, 2917.31, 2917.32, 2919.21, 2921.13,

2921.34, 2921.41, 2923.31, 2925.01, 2925.03,

2925.05, 2925.11, 2929.01, 2929.13, 2929.14,

2929.20, 2929.26, 2929.34, 2930.16, 2930.17,

2950.99, 2951.041, 2967.05, 2967.14, 2967.193,

2967.28, 2981.07, 4507.51, 5120.07, 5120.10,

5120.111, 5120.59, 5120.60, 5120.66, 5149.01,

5149.10, 5149.33, and 5149.34 and to enact

sections 307.932, 2967.19, 5120.035, and 5120.113

of the Revised Code to increase from $500 to

$1,000 the threshold amount for determining

increased penalties for theft-related offenses and

for certain elements of "vandalism" and "engaging

in a pattern of corrupt activity"; to increase by

50% the other threshold amounts for determining

increased penalties for those offenses; to revise

and clarify the law regarding prosecution of

multiple theft, Medicaid fraud, workers'

compensation fraud, and similar offenses and the

valuation of property or services involved; to

include workers' compensation fraud as a theft

offense; to provide that if "nonsupport of

dependents" is based on an abandonment of or

failure to support a child or a person to whom a

court order requires support and is a felony the

sentencing court generally must first consider

placing the offender on one or more community

control sanctions; to eliminate the difference in

criminal penalties for crack cocaine and powder

cocaine; to revise some of the penalties for

trafficking in marihuana or hashish and for

possession of marihuana, cocaine, or hashish; to

revise procedures for notification of victims when

violent offenders escape from the Department of

Rehabilitation and Correction; to modify the

number of Parole Board members required to conduct

a full Board hearing; to limit a member of the

Parole Board who is not the Chairperson or a

victim representative to two six-year terms; to

revise the eligibility criteria for, and

procedures governing, intervention in lieu of

conviction; to revise the eligibility criteria for

judicial release; to reduce the penalty for the

offense of "escape" when it involves certain

conduct by a person under supervised release by

the Department; to revise the procedure for

prisoners in state correctional institutions to

earn days of credit for productive participation

in specified prison programs and the number of

days of credit that may be earned; to require GPS

monitoring of a prisoner placed on post-release

control who was released early from prison due to

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

mechanism for the possible release with sentencing

court approval of certain Department inmates who

have served at least 85% of their prison term; to

expand the membership of a county's local

corrections planning board; to expand the

authorization to transfer certain Ohio prisoners

for pretrial confinement to a contiguous county in

an adjoining state to also apply to postconviction

confinement and confinement upon civil process; to

make changes regarding halfway houses and

community residential centers and authorize

reentry centers; to allow placement in a skilled

nursing facility for care of an inmate who is

released on indefinite parole due to being in

imminent danger of death, medically incapacitated,

or terminally ill; to provide for the

establishment and operation of community

alternative sentencing centers for misdemeanants

sentenced directly to the centers under a

community residential sanction or an OVI term of

confinement not exceeding 30 days; to change the

membership of the Ex-offender Reentry Coalition by

reducing the number and functions of members from

the Governor's office and adding the Director of

Veterans Services; to remove judges from the

membership of a corrections commission and instead

have them form an advisory board; to require the

Department to develop a reentry plan for each

inmate committed to the Department who was not

sentenced to a term of life without parole or a

sentence of death and who is expected to be

imprisoned for more than 30 days; to revise the

procedures governing the Department's issuance of

an inmate identification card upon an inmate's

release and the use of such a card to obtain a

state identification card; to authorize, instead

of require, the Department to discontinue subsidy

payment to a political subdivision that reduces

local funding for corrections by the amount of a

community-based corrections subsidy or that uses a

100

subsidy for capital improvements; to require the

101

Department, together with the Department of

102

Alcohol and Drug Addiction Services, to develop an

103

implementation plan related to funding through the

104

federal Second Chance Act related to community

105

reentry of offenders; and to specify that the

106

report and recommendations of the Council of State

107

Governments' Justice Reinvestment in Ohio Study is

108

to be considered in the bill.

109

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

Section 1. That sections 109.42, 307.93, 309.18, 341.12,	110
926.99, 1333.99, 1707.99, 1716.99, 2743.191, 2909.03, 2909.05,	111
2909.11, 2913.01, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	112
2913.31, 2913.32, 2913.34, 2913.40, 2913.401, 2913.42, 2913.421,	113
2913.43, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51,	114
2913.61, 2915.05, 2917.21, 2917.31, 2917.32, 2919.21, 2921.13,	115
2921.34, 2921.41, 2923.31, 2925.01, 2925.03, 2925.05, 2925.11,	116
2929.01, 2929.13, 2929.14, 2929.20, 2929.26, 2929.34, 2930.16,	117
2930.17, 2950.99, 2951.041, 2967.05, 2967.14, 2967.193, 2967.28,	118
2981.07, 4507.51, 5120.07, 5120.10, 5120.111, 5120.59, 5120.60,	119
5120.66, 5149.01, 5149.10, 5149.33, and 5149.34 be amended and	120
sections 307.932, 2967.19, 5120.035, and 5120.113 of the Revised	121
Code be enacted to read as follows:	122

Sec. 109.42. (A) The attorney general shall prepare and have	123
printed a pamphlet that contains a compilation of all statutes	124
relative to victim's rights in which the attorney general lists	125
and explains the statutes in the form of a victim's bill of	126
rights. The attorney general shall distribute the pamphlet to all	127
sheriffs, marshals, municipal corporation and township police	128
departments, constables, and other law enforcement agencies, to	129
all prosecuting attorneys, city directors of law, village	130
solicitors, and other similar chief legal officers of municipal	131
corporations, and to organizations that represent or provide	132
services for victims of crime. The victim's bill of rights set	133
forth in the pamphlet shall contain a description of all of the	134
rights of victims that are provided for in Chapter 2930. or in any	135
other section of the Revised Code and shall include, but not be	136
limited to, all of the following:	137

(1) The right of a victim or a victim's representative to	138
attend a proceeding before a grand jury, in a juvenile case, or in	139
a criminal case pursuant to a subpoena without being discharged	140
from the victim's or representative's employment, having the	141
victim's or representative's employment terminated, having the	142
victim's or representative's pay decreased or withheld, or	143
otherwise being punished, penalized, or threatened as a result of	144
time lost from regular employment because of the victim's or	145
representative's attendance at the proceeding pursuant to the	146
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or	147
2945.451 of the Revised Code;	148

(2) The potential availability pursuant to section 2151.359	149
or 2152.61 of the Revised Code of a forfeited recognizance to pay	150
damages caused by a child when the delinquency of the child or	151
child's violation of probation or community control is found to be	152
proximately caused by the failure of the child's parent or	153
guardian to subject the child to reasonable parental authority or	154
to faithfully discharge the conditions of probation or community	155
control;	156

(3) The availability of awards of reparations pursuant to	157
sections 2743.51 to 2743.72 of the Revised Code for injuries	158
caused by criminal offenses;	159

(4) The right of the victim in certain criminal or juvenile	160
cases or a victim's representative to receive, pursuant to section	161
2930.06 of the Revised Code, notice of the date, time, and place	162
of the trial or delinquency proceeding in the case or, if there	163
will not be a trial or delinquency proceeding, information from	164
the prosecutor, as defined in section 2930.01 of the Revised Code,	165
regarding the disposition of the case;	166

(5) The right of the victim in certain criminal or juvenile	167
cases or a victim's representative to receive, pursuant to section	168
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the	169
name of the person charged with the violation, the case or docket	170
number assigned to the charge, and a telephone number or numbers	171
that can be called to obtain information about the disposition of	172
the case;	173

(6) The right of the victim in certain criminal or juvenile	174
cases or of the victim's representative pursuant to section	175
2930.13 or 2930.14 of the Revised Code, subject to any reasonable	176
terms set by the court as authorized under section 2930.14 of the	177
Revised Code, to make a statement about the victimization and, if	178
applicable, a statement relative to the sentencing or disposition	179
of the offender;	180

(7) The opportunity to obtain a court order, pursuant to	181
section 2945.04 of the Revised Code, to prevent or stop the	182
commission of the offense of intimidation of a crime victim or	183
witness or an offense against the person or property of the	184
complainant, or of the complainant's ward or child;	185

(8) The right of the victim in certain criminal or juvenile	186
cases or a victim's representative pursuant to sections 2151.38,	187
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to	188
receive notice of a pending motion for judicial release, release	189
pursuant to section 2967.19 of the Revised Code, or other early	190
release of the person who committed the offense against the	191
victim, to make an oral or written statement at the court hearing	192
on the motion, and to be notified of the court's decision on the	193
motion;	194

(9) The right of the victim in certain criminal or juvenile	195
cases or a victim's representative pursuant to section 2930.16,	196
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice	197
of any pending commutation, pardon, parole, transitional control,	198
discharge, other form of authorized release, post-release control,	199
or supervised release for the person who committed the offense	200
against the victim or any application for release of that person	201
and to send a written statement relative to the victimization and	202
the pending action to the adult parole authority or the release	203
authority of the department of youth services;	204

(10) The right of the victim to bring a civil action pursuant	205
to sections 2969.01 to 2969.06 of the Revised Code to obtain money	206
from the offender's profit fund;	207

(11) The right, pursuant to section 3109.09 of the Revised	208
Code, to maintain a civil action to recover compensatory damages	209
not exceeding ten thousand dollars and costs from the parent of a	210
minor who willfully damages property through the commission of an	211
act that would be a theft offense, as defined in section 2913.01	212
of the Revised Code, if committed by an adult;	213

(12) The right, pursuant to section 3109.10 of the Revised	214
Code, to maintain a civil action to recover compensatory damages	215
not exceeding ten thousand dollars and costs from the parent of a	216
minor who willfully and maliciously assaults a person;	217

(13) The possibility of receiving restitution from an	218
offender or a delinquent child pursuant to section 2152.20,	219
2929.18, or 2929.28 of the Revised Code;	220

(14) The right of the victim in certain criminal or juvenile	221
cases or a victim's representative, pursuant to section 2930.16 of	222
the Revised Code, to receive notice of the escape from confinement	223
or custody of the person who committed the offense, to receive	224
that notice from the custodial agency of the person at the	225
victim's last address or telephone number provided to the	226
custodial agency, and to receive notice that, if either the	227
victim's address or telephone number changes, it is in the	228
victim's interest to provide the new address or telephone number	229
to the custodial agency;	230

(15) The right of a victim of domestic violence to seek the	231
issuance of a civil protection order pursuant to section 3113.31	232
of the Revised Code, the right of a victim of a violation of	233
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22	234
of the Revised Code, a violation of a substantially similar	235
municipal ordinance, or an offense of violence who is a family or	236
household member of the offender at the time of the offense to	237
seek the issuance of a temporary protection order pursuant to	238
section 2919.26 of the Revised Code, and the right of both types	239
of victims to be accompanied by a victim advocate during court	240
proceedings;	241

(16) The right of a victim of a sexually oriented offense or	242
of a child-victim oriented offense that is committed by a person	243
who is convicted of, pleads guilty to, or is adjudicated a	244
delinquent child for committing the offense and who is in a	245
category specified in division (B) of section 2950.10 of the	246
Revised Code to receive, pursuant to that section, notice that the	247
person has registered with a sheriff under section 2950.04,	248
2950.041, or 2950.05 of the Revised Code and notice of the	249
person's name, the person's residence that is registered, and the	250
offender's school, institution of higher education, or place of	251
employment address or addresses that are registered, the person's	252
photograph, and a summary of the manner in which the victim must	253
make a request to receive the notice. As used in this division,	254
"sexually oriented offense" and "child-victim oriented offense"	255
have the same meanings as in section 2950.01 of the Revised Code.	256

(17) The right of a victim of certain sexually violent	257
offenses committed by an offender who also is convicted of or	258
pleads guilty to a sexually violent predator specification and who	259
is sentenced to a prison term pursuant to division (A)(3) of	260
section 2971.03 of the Revised Code, of a victim of a violation of	261
division (A)(1)(b) of section 2907.02 of the Revised Code	262
committed on or after January 2, 2007, by an offender who is	263
sentenced for the violation pursuant to division (B)(1)(a), (b),	264
or (c) of section 2971.03 of the Revised Code, of a victim of an	265
attempted rape committed on or after January 2, 2007, by an	266
offender who also is convicted of or pleads guilty to a	267
specification of the type described in section 2941.1418,	268
2941.1419, or 2941.1420 of the Revised Code and is sentenced for	269
the violation pursuant to division (B)(2)(a), (b), or (c) of	270
section 2971.03 of the Revised Code, and of a victim of an offense	271
that is described in division (B)(3)(a), (b), (c), or (d) of	272
section 2971.03 of the Revised Code and is committed by an	273
offender who is sentenced pursuant to one of those divisions to	274
receive, pursuant to section 2930.16 of the Revised Code, notice	275
of a hearing to determine whether to modify the requirement that	276
the offender serve the entire prison term in a state correctional	277
facility, whether to continue, revise, or revoke any existing	278
modification of that requirement, or whether to terminate the	279
prison term. As used in this division, "sexually violent offense"	280
and "sexually violent predator specification" have the same	281
meanings as in section 2971.01 of the Revised Code.	282

(B)(1)(a) Subject to division (B)(1)(c) of this section, a	283
prosecuting attorney, assistant prosecuting attorney, city	284
director of law, assistant city director of law, village	285
solicitor, assistant village solicitor, or similar chief legal	286
officer of a municipal corporation or an assistant of any of those	287
officers who prosecutes an offense committed in this state, upon	288
first contact with the victim of the offense, the victim's family,	289
or the victim's dependents, shall give the victim, the victim's	290
family, or the victim's dependents a copy of the pamphlet prepared	291
pursuant to division (A) of this section and explain, upon	292
request, the information in the pamphlet to the victim, the	293
victim's family, or the victim's dependents.	294

(b) Subject to division (B)(1)(c) of this section, a law	295
enforcement agency that investigates an offense or delinquent act	296
committed in this state shall give the victim of the offense or	297
delinquent act, the victim's family, or the victim's dependents a	298
copy of the pamphlet prepared pursuant to division (A) of this	299
section at one of the following times:	300

(i) Upon first contact with the victim, the victim's family,	301
or the victim's dependents;	302

(ii) If the offense or delinquent act is an offense of	303
violence, if the circumstances of the offense or delinquent act	304
and the condition of the victim, the victim's family, or the	305
victim's dependents indicate that the victim, the victim's family,	306
or the victim's dependents will not be able to understand the	307
significance of the pamphlet upon first contact with the agency,	308
and if the agency anticipates that it will have an additional	309
contact with the victim, the victim's family, or the victim's	310
dependents, upon the agency's second contact with the victim, the	311
victim's family, or the victim's dependents.	312

If the agency does not give the victim, the victim's family,	313
or the victim's dependents a copy of the pamphlet upon first	314
contact with them and does not have a second contact with the	315
victim, the victim's family, or the victim's dependents, the	316
agency shall mail a copy of the pamphlet to the victim, the	317
victim's family, or the victim's dependents at their last known	318
address.	319

(c) In complying on and after December 9, 1994, with the	320
duties imposed by division (B)(1)(a) or (b) of this section, an	321
official or a law enforcement agency shall use copies of the	322
pamphlet that are in the official's or agency's possession on	323
December 9, 1994, until the official or agency has distributed all	324
of those copies. After the official or agency has distributed all	325
of those copies, the official or agency shall use only copies of	326
the pamphlet that contain at least the information described in	327
divisions (A)(1) to (17) of this section.	328

(2) The failure of a law enforcement agency or of a	329
prosecuting attorney, assistant prosecuting attorney, city	330
director of law, assistant city director of law, village	331
solicitor, assistant village solicitor, or similar chief legal	332
officer of a municipal corporation or an assistant to any of those	333
officers to give, as required by division (B)(1) of this section,	334
the victim of an offense or delinquent act, the victim's family,	335
or the victim's dependents a copy of the pamphlet prepared	336
pursuant to division (A) of this section does not give the victim,	337
the victim's family, the victim's dependents, or a victim's	338
representative any rights under section 2743.51 to 2743.72,	339
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the	340
Revised Code or under any other provision of the Revised Code and	341
does not affect any right under those sections.	342

(3) A law enforcement agency, a prosecuting attorney or	343
assistant prosecuting attorney, or a city director of law,	344
assistant city director of law, village solicitor, assistant	345
village solicitor, or similar chief legal officer of a municipal	346
corporation that distributes a copy of the pamphlet prepared	347
pursuant to division (A) of this section shall not be required to	348
distribute a copy of an information card or other printed material	349
provided by the clerk of the court of claims pursuant to section	350
2743.71 of the Revised Code.	351

(C) The cost of printing and distributing the pamphlet	352
prepared pursuant to division (A) of this section shall be paid	353
out of the reparations fund, created pursuant to section 2743.191	354
of the Revised Code, in accordance with division (D) of that	355
section.	356

(D) As used in this section:

357

(1) "Victim's representative" has the same meaning as in	358
section 2930.01 of the Revised Code;	359

(2) "Victim advocate" has the same meaning as in section	360
2919.26 of the Revised Code.	361

Sec. 307.93. (A) The boards of county commissioners of two	362
or more adjacent counties may contract for the joint establishment	363
of a multicounty correctional center, and the board of county	364
commissioners of a county or the boards of two or more counties	365
may contract with any municipal corporation or municipal	366
corporations located in that county or those counties for the	367
joint establishment of a municipal-county or multicounty-municipal	368
correctional center. The center shall augment county and, where	369
applicable, municipal jail programs and facilities by providing	370
custody and rehabilitative programs for those persons under the	371
charge of the sheriff of any of the contracting counties or of the	372
officer or officers of the contracting municipal corporation or	373
municipal corporations having charge of persons incarcerated in	374
the municipal jail, workhouse, or other correctional facility who,	375
in the opinion of the sentencing court, need programs of custody	376
and rehabilitation not available at the county or municipal jail	377
and by providing custody and rehabilitative programs in accordance	378
with division (C) of this section, if applicable. The contract may	379
include, but need not be limited to, provisions regarding the	380
acquisition, construction, maintenance, repair, termination of	381
operations, and administration of the center. The contract shall	382
prescribe the manner of funding of, and debt assumption for, the	383
center and the standards and procedures to be followed in the	384
operation of the center. Except as provided in division (H) of	385
this section, the contracting counties and municipal corporations	386
shall form a corrections commission to oversee the administration	387
of the center. Members of the commission shall consist of the	388
sheriff of each participating county, ~~the president~~a member of	389
the board of county commissioners of each participating county,	390
~~the presiding judge of the court of common pleas of each~~	391
~~participating county, or, if the court of common pleas of a~~	392
~~participating county has only one judge, then that judge,~~ the	393
chief of police of each participating municipal corporation, and	394
the mayor or city manager of each participating municipal	395
corporation~~, and the presiding judge or the sole judge of the~~	396
~~municipal court of each participating municipal corporation~~. Any	397
of the foregoing officers may appoint a designee to serve in the	398
officer's place on the corrections commission. The standards and	399
procedures shall be formulated and agreed to by the commission and	400
may be amended at any time during the life of the contract by	401
agreement of the parties to the contract upon the advice of the	402
commission. The standards and procedures formulated by the	403
commission shall include, but need not be limited to, designation	404
of the person in charge of the center, designation of a fiscal	405
agent, the categories of employees to be employed at the center,	406
the appointing authority of the center, and the standards of	407
treatment and security to be maintained at the center. The person	408
in charge of, and all persons employed to work at, the center	409
shall have all the powers of police officers that are necessary	410
for the proper performance of the duties relating to their	411
positions at the center.	412

(B)(1) Upon the establishment of a corrections commission	413
under division (A) of this section, the judges specified in this	414
division shall form a judicial advisory board for the purpose of	415
making recommendations to the corrections commission on issues of	416
bed allocation, expansion of the center that the corrections	417
commission oversees, and other issues concerning the	418
administration of sentences or any other matter determined to be	419
appropriate by the corrections commission. The judges who shall	420
form the judicial advisory board for a corrections commission are	421
the administrative judge of the general division of the court of	422
common pleas of each county participating in the corrections	423
center, the presiding judge of the municipal court of each	424
municipal corporation participating in the corrections center, and	425
the presiding judge of each county court of each county	426
participating in the corrections center. Any of the foregoing	427
judges may appoint a designee to serve in the judge's place on the	428
judicial advisory board, provided that the designee shall be a	429
judge of the same court as the judge who makes the appointment.	430
The judicial advisory board for a corrections commission shall	431
meet with the corrections commission at least once each year.	432

(2) Each board of county commissioners that enters a contract	433
under division (A) of this section may appoint a building	434
commission pursuant to section 153.21 of the Revised Code. If any	435
commissions are appointed, they shall function jointly in the	436
construction of a multicounty or multicounty-municipal	437
correctional center with all the powers and duties authorized by	438
law.	439

(C) Prior to the acceptance for custody and rehabilitation	440
into a center established under this section of any persons who	441
are designated by the department of rehabilitation and correction,	442
who plead guilty to or are convicted of a felony of the fourth or	443
fifth degree, and who satisfy the other requirements listed in	444
section 5120.161 of the Revised Code, the corrections commission	445
of a center established under this section shall enter into an	446
agreement with the department of rehabilitation and correction	447
under section 5120.161 of the Revised Code for the custody and	448
rehabilitation in the center of persons who are designated by the	449
department, who plead guilty to or are convicted of a felony of	450
the fourth or fifth degree, and who satisfy the other requirements	451
listed in that section, in exchange for a per diem fee per person.	452
Persons incarcerated in the center pursuant to an agreement	453
entered into under this division shall be subject to supervision	454
and control in the manner described in section 5120.161 of the	455
Revised Code. This division does not affect the authority of a	456
court to directly sentence a person who is convicted of or pleads	457
guilty to a felony to the center in accordance with section	458
2929.16 of the Revised Code.	459

(D) Pursuant to section 2929.37 of the Revised Code, each	460
board of county commissioners and the legislative authority of	461
each municipal corporation that enters into a contract under	462
division (A) of this section may require a person who was	463
convicted of an offense, who is under the charge of the sheriff of	464
their county or of the officer or officers of the contracting	465
municipal corporation or municipal corporations having charge of	466
persons incarcerated in the municipal jail, workhouse, or other	467
correctional facility, and who is confined in the multicounty,	468
municipal-county, or multicounty-municipal correctional center as	469
provided in that division, to reimburse the applicable county or	470
municipal corporation for its expenses incurred by reason of the	471
person's confinement in the center.	472

(E) Notwithstanding any contrary provision in this section or	473
section 2929.18, 2929.28, or 2929.37 of the Revised Code, the	474
corrections commission of a center may establish a policy that	475
complies with section 2929.38 of the Revised Code and that	476
requires any person who is not indigent and who is confined in the	477
multicounty, municipal-county, or multicounty-municipal	478
correctional center to pay a reception fee, a fee for medical	479
treatment or service requested by and provided to that person, or	480
the fee for a random drug test assessed under division (E) of	481
section 341.26 of the Revised Code.	482

(F)(1) The corrections commission of a center established	483
under this section may establish a commissary for the center. The	484
commissary may be established either in-house or by another	485
arrangement. If a commissary is established, all persons	486
incarcerated in the center shall receive commissary privileges. A	487
person's purchases from the commissary shall be deducted from the	488
person's account record in the center's business office. The	489
commissary shall provide for the distribution to indigent persons	490
incarcerated in the center of necessary hygiene articles and	491
writing materials.	492

(2) If a commissary is established, the corrections	493
commission of a center established under this section shall	494
establish a commissary fund for the center. The management of	495
funds in the commissary fund shall be strictly controlled in	496
accordance with procedures adopted by the auditor of state.	497
Commissary fund revenue over and above operating costs and reserve	498
shall be considered profits. All profits from the commissary fund	499
shall be used to purchase supplies and equipment for the benefit	500
of persons incarcerated in the center and to pay salary and	501
benefits for employees of the center, or for any other persons,	502
who work in or are employed for the sole purpose of providing	503
service to the commissary. The corrections commission shall adopt	504
rules and regulations for the operation of any commissary fund it	505
establishes.	506

(G) In lieu of forming a corrections commission to administer	507
a multicounty correctional center or a municipal-county or	508
multicounty-municipal correctional center, the boards of county	509
commissioners and the legislative authorities of the municipal	510
corporations contracting to establish the center may also agree to	511
contract for the private operation and management of the center as	512
provided in section 9.06 of the Revised Code, but only if the	513
center houses only misdemeanant inmates. In order to enter into a	514
contract under section 9.06 of the Revised Code, all the boards	515
and legislative authorities establishing the center shall approve	516
and be parties to the contract.	517

(H) If a person who is convicted of or pleads guilty to an	518
offense is sentenced to a term in a multicounty correctional	519
center or a municipal-county or multicounty-municipal correctional	520
center or is incarcerated in the center in the manner described in	521
division (C) of this section, or if a person who is arrested for	522
an offense, and who has been denied bail or has had bail set and	523
has not been released on bail is confined in a multicounty	524
correctional center or a municipal-county or multicounty-municipal	525
correctional center pending trial, at the time of reception and at	526
other times the officer, officers, or other person in charge of	527
the operation of the center determines to be appropriate, the	528
officer, officers, or other person in charge of the operation of	529
the center may cause the convicted or accused offender to be	530
examined and tested for tuberculosis, HIV infection, hepatitis,	531
including but not limited to hepatitis A, B, and C, and other	532
contagious diseases. The officer, officers, or other person in	533
charge of the operation of the center may cause a convicted or	534
accused offender in the center who refuses to be tested or treated	535
for tuberculosis, HIV infection, hepatitis, including but not	536
limited to hepatitis A, B, and C, or another contagious disease to	537
be tested and treated involuntarily.	538

(I) As used in this section, "multicounty-municipal" means	539
more than one county and a municipal corporation, or more than one	540
municipal corporation and a county, or more than one municipal	541
corporation and more than one county.	542

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

543

(1) "Division of parole and community services" means the	544
division of parole and community services of the department of	545
rehabilitation and correction.	546

(2) "Eligible offender" means, in relation to a particular	547
community alternative sentencing center or district community	548
alternative sentencing center established and operated under	549
division (E) of this section, an offender who has been convicted	550
of or pleaded guilty to a qualifying misdemeanor offense, for whom	551
no provision of the Revised Code or ordinance of a municipal	552
corporation other than section 4511.19 of the Revised Code or an	553
ordinance of a municipal corporation that provides the penalties	554
for a municipal OVI offense of the municipal corporation requires	555
the imposition of a mandatory jail term for that qualifying	556
misdemeanor offense, and who is eligible to be sentenced directly	557
to that center and admitted to it under rules adopted under	558
division (G) of this section by the board of county commissioners	559
or affiliated group of boards of county commissioners that	560
established and operates that center.	561

(3) "Municipal OVI offense" has the same meaning as in	562
section 4511.181 of the Revised Code.	563

(4) "OVI term of confinement" means a term of confinement	564
imposed for a violation of section 4511.19 of the Revised Code or	565
for a municipal OVI offense, including any mandatory jail term or	566
mandatory term of local incarceration imposed for that violation	567
or offense.	568

(5) "Community residential sanction" means a community	569
residential sanction imposed under section 2929.26 of the Revised	570
Code for a misdemeanor violation of a section of the Revised Code	571
or a term of confinement imposed for a misdemeanor violation of a	572
municipal ordinance that is not a jail term.	573

(6) "Qualifying misdemeanor offense" means a violation of any	574
section of the Revised Code that is a misdemeanor or a violation	575
of any ordinance of a municipal corporation located in the county	576
that is a misdemeanor.	577

(B)(1) The board of county commissioners of any county, in	578
consultation with the sheriff of the county, may formulate a	579
proposal for a community alternative sentencing center that, upon	580
implementation by the county or being subcontracted to or operated	581
by a nonprofit organization, would be used for the confinement of	582
eligible offenders sentenced directly to the center by a court	583
located in the county pursuant to a community residential sanction	584
of not more than thirty days or pursuant to an OVI term of	585
confinement of not more than thirty days, and for the purpose of	586
closely monitoring those eligible offenders' adjustment to	587
community supervision. A board that formulates a proposal pursuant	588
to this division shall do so by resolution.	589

(2) The boards of county commissioners of two or more	590
adjoining or neighboring counties, in consultation with the	591
sheriffs of each of those counties, may affiliate and formulate by	592
resolution adopted by each of them a proposal for a district	593
community alternative sentencing center that, upon implementation	594
by the counties or being subcontracted to or operated by a	595
nonprofit organization, would be used for the confinement of	596
eligible offenders sentenced directly to the center by a court	597
located in any of those counties pursuant to a community	598
residential sanction of not more than thirty days or pursuant to	599
an OVI term of confinement of not more than thirty days, and for	600
the purpose of closely monitoring those eligible offenders'	601
adjustment to community supervision. Each board that affiliates	602
with one or more other boards to formulate a proposal pursuant to	603
this division shall formulate the proposal by resolution.	604

(C) Each proposal for a community alternative sentencing	605
center or a district community alternative sentencing center that	606
is formulated under division (B)(1) or (2) of this section shall	607
include proposals for operation of the center and for criteria to	608
define which offenders are eligible to be sentenced directly to	609
the center and admitted to it. At a minimum, the proposed criteria	610
that define which offenders are eligible to be sentenced directly	611
to the center and admitted to it shall provide all of the	612
following:	613

(1) That an offender is eligible to be sentenced directly to	614
the center and admitted to it if the offender has been convicted	615
of or pleaded guilty to a qualifying misdemeanor offense and is	616
sentenced directly to the center for the qualifying misdemeanor	617
offense pursuant to a community residential sanction of not more	618
than thirty days or pursuant to an OVI term of confinement of not	619
more than thirty days by a court that is located in the county or	620
one of the counties served by the board of county commissioners or	621
by any of the affiliated group of boards of county commissioners	622
that submits the proposal;	623

(2) That no offender is eligible to be sentenced directly to	624
the center or admitted to it if, in addition to the community	625
residential sanction or OVI term of confinement described in	626
division (C)(1) of this section, the offender is serving or has	627
been sentenced to serve any other jail term, prison term, or	628
community residential sanction.	629

(D)(1) If a board of county commissioners formulates a	630
proposal for a community alternative sentencing center pursuant to	631
division (B)(1) of this section or an affiliated group of boards	632
of county commissioners formulates a proposal for a district	633
community alternative sentencing center pursuant to division	634
(B)(2) of this section, prior to establishing or operating the	635
center, the board or the affiliated group of boards shall submit	636
the proposal for certification to the division of parole and	637
community services of the department of rehabilitation and	638
correction for approval and certification pursuant to division (F)	639
of section 5120.10 of the Revised Code. The division may approve	640
and certify a center as a suitable facility for the care and	641
treatment of adult offenders only if the center complies with the	642
standards for the certification of the centers that the division	643
adopts by rule in accordance with Chapter 119. of the Revised	644
Code. The division shall inspect each center to which a proposal	645
submitted under this division applies and annually shall inspect	646
each center established or operated under an approved and	647
certified proposal to determine if the proposed or certified	648
center is in compliance with the certification standards. A board	649
or affiliated group of boards shall not establish or operate a	650
center without the division's approval and certification. The	651
approval and certification of a center by the division is not a	652
requirement for, and is not an affirmation that the division or	653
the department of rehabilitation and correction must or will	654
provide, funding for the operation of the center.	655

(2) If a proposal for a community alternative sentencing	656
center or a district community alternative sentencing center that	657
is formulated under division (B)(1) or (2) of this section	658
contemplates the use of an existing facility, or a part of an	659
existing facility, as the center, nothing in this section limits,	660
restricts, or precludes the use of the facility, the part of the	661
facility, or any other part of the facility for any purpose other	662
than as a community alternative sentencing center or district	663
community alternative sentencing center.	664

(E) Upon approval and certification by the division of parole	665
and community services of a proposal for a community alternative	666
sentencing center or for a district community alternative	667
sentencing center submitted to the division under division (D) of	668
this section, the board of county commissioners or the affiliated	669
group of boards of county commissioners that submitted the	670
proposal may establish and operate the center in accordance with	671
the approved and certified proposal, division (G) of this section,	672
and rules adopted under that division. The establishment and	673
operation of the center may be done by subcontracting with a	674
nonprofit organization for the operation of the center.	675

If a board of county commissioners or an affiliated group of	676
boards of county commissioners establishes and operates a	677
community alternative sentencing center or district community	678
alternative sentencing center under this division, except as	679
otherwise provided in this division, the center is not a minimum	680
security jail under section 341.14, section 753.21, or any other	681
provision of the Revised Code, is not a jail or alternative	682
residential facility as defined in section 2929.01 of the Revised	683
Code, is not required to satisfy or comply with minimum standards	684
for minimum security jails or other jails that are promulgated	685
under division (A) of section 5120.10 of the Revised Code, is not	686
a local detention facility as defined in section 2929.36 of the	687
Revised Code, and is not a residential unit as defined in section	688
2950.01 of the Revised Code. The center is a detention facility as	689
defined in sections 2921.01 and 2923.124 of the Revised Code, and	690
an eligible offender confined in the center is under detention as	691
defined in section 2921.01 of the Revised Code. Regarding persons	692
sentenced directly to the center under an OVI term of confinement,	693
the center shall be considered a "jail" or "local correctional	694
facility" for purposes of any provision in section 4511.19 of the	695
Revised Code or in an ordinance of a municipal corporation that	696
requires a mandatory jail term or mandatory term of local	697
incarceration for the violation of section 4511.19 of the Revised	698
Code or the municipal OVI offense, and a direct sentence of a	699
person to the center under an OVI term of confinement shall be	700
considered to be a sentence to a "jail" or "local correctional	701
facility" for purposes of any such provision in section 4511.19 of	702
the Revised Code or in an ordinance of a municipal corporation.	703

(F)(1) If the board of county commissioners of a county that	704
is being served by a community alternative sentencing center	705
established pursuant to division (E) of this section determines	706
that it no longer wants to be served by the center, the board may	707
dissolve the center by adopting a resolution evidencing the	708
determination to dissolve the center and notifying, in writing,	709
the division of parole and community services of the determination	710
to dissolve the center.	711

(2) If the boards of county commissioners of all of the	712
counties served by any district community alternative sentencing	713
center established pursuant to division (E) of this section	714
determine that they no longer want to be served by the center, the	715
boards may dissolve the center by adopting in each county a	716
resolution evidencing the determination to dissolve the center and	717
notifying, in writing, the division of parole and community	718
services of the determination to dissolve the center.	719

(3) If at least one, but not all, of the boards of county	720
commissioners of the counties being served by any district	721
community alternative sentencing center established pursuant to	722
division (E) of this section determines that it no longer wants to	723
be served by the center, the board may terminate its involvement	724
with the center by adopting a resolution evidencing the	725
determination to terminate its involvement with the center and	726
notifying, in writing, the division of parole and community	727
services of the determination to terminate its involvement with	728
the center. If at least one, but not all, of the boards of county	729
commissioners of the counties being served by any community	730
alternative sentencing center terminates its involvement with the	731
center in accordance with this division, the other boards of	732
county commissioners of the counties being served by the center	733
may continue to be served by the center.	734

(G) Upon approval and certification by the division of parole	735
and community services of a proposal for a community alternative	736
sentencing center or for a district community alternative	737
sentencing center submitted to it under division (D) of this	738
section, prior to establishing or operating the center, the board	739
of county commissioners or the affiliated group of boards of	740
county commissioners that submitted the proposal shall adopt rules	741
for the operation of the center. The rules shall include criteria	742
that define which offenders are eligible to be sentenced directly	743
to the center and admitted to it and the criteria so included	744
shall be consistent with the proposed criteria included in the	745
proposal approved and certified by the division.	746

(H) If a board of county commissioners establishes and	747
operates a community alternative sentencing center under division	748
(E) of this section, or an affiliated group of boards of county	749
commissioners establishes and operates a district community	750
alternative sentencing center under that division, all of the	751
following apply:	752

(1) Any court located within the county served by the board	753
that establishes and operates a community correctional center may	754
directly sentence eligible offenders to the center pursuant to a	755
community residential sanction of not more than thirty days or	756
pursuant to an OVI term of confinement of not more than thirty	757
days. Any court located within a county served by any of the	758
boards that establishes and operates a district community	759
correctional center may directly sentence eligible offenders to	760
the center pursuant to a community residential sanction of not	761
more than thirty days or pursuant to an OVI term of confinement of	762
not more than thirty days.	763

(2) Each eligible offender who is sentenced to the center as	764
described in division (H)(1) of this section and admitted to it	765
shall be offered during the eligible offender's confinement at the	766
center educational and vocational services and reentry planning	767
and may be offered any other treatment and rehabilitative services	768
that are available and that the court that sentenced the	769
particular eligible offender to the center and the administrator	770
of the center determine are appropriate based upon the offense for	771
which the eligible offender was sentenced to the community	772
residential sanction and the length of the sanction.	773

(3) Before accepting an eligible offender sentenced to the	774
center by a court, the board or the affiliated group of boards	775
shall enter into an agreement with a political subdivision that	776
operates that court that addresses the cost and payment of medical	777
treatment or services received by eligible offenders sentenced by	778
that court while they are confined in the center. The agreement	779
may provide for the payment of the costs by the particular	780
eligible offender who receives the treatment or services, as	781
described in division (I) of this section.	782

(4) If a court sentences an eligible offender to a center	783
under authority of division (H)(1) of this section, immediately	784
after the sentence is imposed, the eligible offender shall be	785
taken to the probation department that serves the court. The	786
department shall handle any preliminary matters regarding the	787
admission of the eligible offender to the center, including a	788
determination as to whether the eligible offender may be admitted	789
to the center under the criteria included in the rules adopted	790
under division (G) of this section that define which offenders are	791
eligible to be sentenced and admitted to the center. If the	792
eligible offender is accepted for admission to the center, the	793
department shall schedule the eligible offender for the admission	794
and shall provide for the transportation of the offender to the	795
center. If an eligible offender who is sentenced to the center	796
under a community residential sanction is not accepted for	797
admission to the center for any reason, the nonacceptance shall be	798
considered a violation of a condition of the community residential	799
sanction, the eligible offender shall be taken before the court	800
that imposed the sentence, and the court may proceed as specified	801
in division (C)(2) of section 2929.25 of the Revised Code based on	802
the violation or as provided by ordinance of the municipal	803
corporation based on the violation, whichever is applicable. If an	804
eligible offender who is sentenced to the center under an OVI term	805
of confinement is not accepted for admission to the center for any	806
reason, the eligible offender shall be taken before the court that	807
imposed the sentence, and the court shall determine the place at	808
which the offender is to serve the term of confinement. If the	809
eligible offender is admitted to the center, all of the following	810
apply:	811

(a) The admission shall be under the terms and conditions	812
established by the court and the administrator of the center, and	813
the court and the administrator of the center shall provide for	814
the confinement of the eligible offender and supervise the	815
eligible offender as provided in divisions (H)(4)(b) to (f) of	816
this section.	817

(b) The eligible offender shall be confined in the center	818
during any period of time that the eligible offender is not	819
actually working at the eligible offender's approved work release	820
described in division (H)(4)(c) of this section, engaged in	821
community service activities described in division (H)(4)(d) of	822
this section, engaged in authorized vocational training or another	823
authorized educational program, engaged in another program	824
designated by the administrator of the center, or engaged in other	825
activities approved by the court and the administrator of the	826
center.	827

(c) If the court and the administrator of the center	828
determine that work release is appropriate based upon the offense	829
for which the eligible offender was sentenced to the community	830
residential sanction or OVI term of confinement and the length of	831
the sanction or term, the eligible offender may be offered work	832
release from confinement at the center and be released from	833
confinement while engaged in the work release.	834

(d) If the administrator of the center determines that	835
community service is appropriate and if the eligible offender will	836
be confined for more than ten days at the center, the eligible	837
offender may be required to participate in community service	838
activities approved by the political subdivision served by the	839
court. Community service activities that may be required under	840
this division may take place in facilities of the political	841
subdivision that operates the court, in the community, or in both	842
such locales. The eligible offender shall be released from	843
confinement while engaged in the community service activities.	844
Community service activities required under this division shall be	845
supervised by the court or an official designated by the board of	846
county commissioners or affiliated group of boards of county	847
commissioners that established and is operating the center.	848
Community service activities required under this division shall	849
not exceed in duration the period for which the eligible offender	850
will be confined at the center under the community residential	851
sanction or the OVI term of confinement.	852

(e) The confinement of the eligible offender in the center	853
shall be considered for purposes of this division and division	854
(H)(4)(f) of this section as including any period of time	855
described in division (H)(4)(b) of this section when the eligible	856
offender may be outside of the center and shall continue until the	857
expiration of the community residential sanction or OVI term of	858
confinement that the eligible offender is serving upon admission	859
to the center.	860

(f) After the admission and until the expiration of the	861
community residential sanction or OVI term of confinement that the	862
eligible offender is serving upon admission to the center, the	863
eligible offender shall be considered for purposes of any	864
provision in Title XXIX of the Revised Code to be serving the	865
community residential sanction or OVI term of confinement.	866

(5) The administrator of the center, or the administrator's	867
designee, shall post a sign as described in division (A)(4) of	868
section 2923.1212 of the Revised Code in a conspicuous location at	869
the center.	870

(I) The board of county commissioners that establishes and	871
operates a community alternative sentencing center under division	872
(E) of this section, or the affiliated group of boards of county	873
commissioners that establishes and operates a district community	874
alternative sentencing center under that division, may require an	875
eligible offender who is sentenced directly to the center and	876
admitted to it to pay to the county served by the board or the	877
counties served by the affiliated group of boards or the entity	878
operating the center the reasonable expenses incurred by the	879
county or counties, whichever is applicable, in supervising or	880
confining the eligible offender after being sentenced to the	881
center and admitted. Inability to pay those reasonable expenses	882
shall not be grounds for refusing to admit an otherwise eligible	883
offender to the center.	884

(J)(1) If an eligible offender who is directly sentenced to a	885
community alternative sentencing center or district community	886
alternative sentencing center and admitted to the center	887
successfully completes the service of the community residential	888
sanction in the center, the administrator of the center shall	889
notify the court that imposed the sentence, and the court shall	890
enter into the journal that the eligible offender successfully	891
completed the service of the sanction.	892

(2) If an eligible offender who is directly sentenced to a	893
community alternative sentencing center or district community	894
alternative sentencing center and admitted to the center violates	895
any rule established under this section by the board of county	896
commissioners or the affiliated group of boards of county	897
commissioners that establishes and operates the center, violates	898
any condition of the community residential sanction or OVI term of	899
confinement imposed by the sentencing court, or otherwise does not	900
successfully complete the service of the community residential	901
sanction or OVI term of confinement in the center, the	902
administrator of the center shall report the violation or failure	903
to successfully complete the sanction or term directly to the	904
court or to the probation department or probation officer with	905
general control and supervision over the eligible offender. A	906
failure to successfully complete the service of the community	907
residential sanction or OVI term of confinement in the center	908
shall be considered a violation of a condition of the community	909
residential sanction or the OVI term of confinement. If the	910
administrator reports the violation to the probation department or	911
probation officer, the department or officer shall report the	912
violation to the court. Upon its receipt under this division of a	913
report of a violation or failure to complete the sanction by a	914
person sentenced to the center under a community residential	915
sanction, the court may proceed as specified in division (C)(2) of	916
section 2929.25 of the Revised Code based on the violation or as	917
provided by ordinance of the municipal corporation based on the	918
violation, whichever is applicable. Upon its receipt under this	919
division of a report of a violation or failure to complete the	920
term by a person sentenced to the center under an OVI term of	921
confinement, the court shall determine the place at which the	922
offender is to serve the remainder of the term of confinement. The	923
eligible offender shall receive credit towards completing the	924
eligible offender's sentence for the time spent in the center	925
after admission to it.	926

Sec. 309.18. (A) If a prosecuting attorney of a county	927
receives notice from the ~~department of rehabilitation and~~	928
~~correction pursuant to section 5120.14 of the Revised Code that a~~	929
~~person indicted in that county for an offense of violence that is~~	930
~~a felony has escaped from a correctional institution under the~~	931
~~control of the department or otherwise has escaped from the~~	932
~~custody of the department, receives notice from the~~ sheriff of the	933
county pursuant to section 341.011 of the Revised Code that a	934
person indicted for or otherwise charged with an offense of	935
violence that is a felony and that was committed in the county has	936
escaped from the county jail or workhouse or otherwise has escaped	937
from the custody of the sheriff, or receives notice from a chief	938
of police or other chief law enforcement officer of a municipal	939
corporation pursuant to section 753.19 of the Revised Code that a	940
person indicted for or otherwise charged with an offense of	941
violence that is a felony and that was committed in the county has	942
escaped from a jail or workhouse of that municipal corporation or	943
otherwise has escaped from the custody of that municipal	944
corporation, the prosecuting attorney shall notify each victim of	945
an offense of violence that is a felony committed by that person	946
of the person's escape and, if applicable, of ~~his~~the person's	947
subsequent apprehension. The notice of escape shall be given as	948
soon as possible after receipt of the notice from the department,	949
sheriff, or chief law enforcement officer of the municipal	950
corporation and shall be given by telephone or in person, except	951
that, if a prosecuting attorney tries and fails to give the notice	952
of escape by telephone at the victim's last known telephone number	953
or tries and fails to give the notice of escape in person at the	954
victim's last known address, the notice of escape shall be given	955
to the victim at ~~his~~the victim's last known address by certified	956
mail, return receipt requested. The notice of apprehension shall	957
be given as soon as possible after the person is apprehended and	958
shall be given in the same manner as is the notice of escape.	959

Any prosecuting attorney who fails to give any notice	960
required by this ~~section~~division is immune from civil liability	961
for any injury, death, or loss to person or property that might be	962
incurred as a result of that failure to give notice.	963

(B) If a prosecuting attorney of a county receives notice	964
from the department of rehabilitation and correction pursuant to	965
section 5120.14 of the Revised Code or otherwise receives notice	966
from the department that a person who was convicted of or pleaded	967
guilty in that county to an offense of violence that is a felony	968
has escaped from a correctional institution under the control of	969
the department or otherwise has escaped from the custody of the	970
department, and if the office of victim services of the department	971
requests assistance from the prosecuting attorney in identifying	972
and locating the victim of the offense, the prosecuting attorney	973
promptly shall provide the information requested, if available, to	974
the office of victim services.	975

Sec. 341.12. In a county not having a sufficient jail or	976
staff, the sheriff shall convey any person charged with the	977
commission of an offense, sentenced to imprisonment in the county	978
jail, or in custody upon civil process to a jail in any county the	979
sheriff considers most convenient and secure. ~~In the case of a~~	980
~~person who has been charged with an offense and is being held~~	981
~~pending trial~~As used in this paragraph, any county includes a	982
contiguous county in an adjoining state.	983

The sheriff may call such aid as is necessary in guarding,	984
transporting, or returning such person. Whoever neglects or	985
refuses to render such aid, when so called upon, shall forfeit and	986
pay the sum of ten dollars, to be recovered by an action in the	987
name and for the use of the county.	988

Such sheriff and his assistants shall receive such	989
compensation for their services as the county auditor of the	990
county from which such person was removed considers reasonable.	991
The compensation shall be paid from the county treasury on the	992
warrant of the auditor.	993

The receiving sheriff shall not, pursuant to this section,	994
convey the person received to any county other than the one from	995
which the person was removed.	996

Sec. 926.99. (A)(1) Except as provided in division (A)(2) of	997
this section, whoever violates section 926.04 of the Revised Code	998
is guilty of a misdemeanor of the first degree on a first offense	999
and a felony of the fifth degree on each subsequent offense.	1000

(2) A person who violates section 926.04 of the Revised Code	1001
and who is insolvent and financially unable to satisfy a claimant	1002
as defined in section 926.021 of the Revised Code is guilty of a	1003
felony of the fifth degree if the financial obligation owed by the	1004
offender to the claimant is ~~five hundred~~one thousand dollars or	1005
more and is less than ~~five~~seven thousand five hundred dollars. If	1006
the financial obligation is ~~five~~seven thousand five hundred	1007
dollars or more and is less than one hundred fifty thousand	1008
dollars, the offender is guilty of a felony of the fourth degree.	1009
If the financial obligation is one hundred fifty thousand dollars	1010
or more, the offender is guilty of a felony of the third degree.	1011

(B) Whoever violates division (E) or (F) of section 926.20 or	1012
division (A) of section 926.22 of the Revised Code is guilty of a	1013
minor misdemeanor on a first offense and a misdemeanor of the	1014
second degree on each subsequent offense.	1015

(C) Whoever violates division (G) of section 926.20 or	1016
section 926.34 or 926.35 of the Revised Code is guilty of a felony	1017
of the fourth degree.	1018

(D) Whoever violates division (A) of section 926.28 or	1019
division (B) of section 926.29 of the Revised Code is guilty of a	1020
felony of the fifth degree.	1021

(E) Whoever violates section 926.31 of the Revised Code is	1022
guilty of a misdemeanor of the fourth degree.	1023

Sec. 1333.99. (A) Whoever violates sections 1333.01 to	1024
1333.04 of the Revised Code is guilty of a minor misdemeanor.	1025

(B) Whoever violates section 1333.12 or 1333.71 of the	1026
Revised Code is guilty of a misdemeanor of the fourth degree.	1027

(C) Whoever violates section 1333.36 of the Revised Code is	1028
guilty of a misdemeanor of the third degree.	1029

(D) A prosecuting attorney may file an action to restrain any	1030
person found in violation of section 1333.36 of the Revised Code.	1031
Upon the filing of such an action, the common pleas court may	1032
receive evidence of such violation and forthwith grant a temporary	1033
restraining order as may be prayed for, pending a hearing on the	1034
merits of said cause.	1035

(E) Whoever violates division (A)(1) of section 1333.52 or	1036
section 1333.81 of the Revised Code is guilty of a misdemeanor of	1037
the first degree.	1038

(F) Whoever violates division (A)(2) or (B) of section	1039
1333.52 of the Revised Code is guilty of a misdemeanor of the	1040
second degree.	1041

(G) Except as otherwise provided in this division, whoever	1042
violates section 1333.92 of the Revised Code is guilty of a	1043
misdemeanor of the first degree. If the value of the compensation	1044
is ~~five hundred~~one thousand dollars or more and less than ~~five~~	1045
seven thousand five hundred dollars, whoever violates section	1046
1333.92 of the Revised Code is guilty of a felony of the fifth	1047
degree. If the value of the compensation is ~~five~~seven thousand	1048
five hundred dollars or more and less than one hundred fifty	1049
thousand dollars, whoever violates section 1333.92 of the Revised	1050
Code is guilty of a felony of the fourth degree. If the value of	1051
the compensation is one hundred fifty thousand dollars or more,	1052
whoever violates section 1333.92 of the Revised Code is guilty of	1053
a felony of the third degree.	1054

Sec. 1707.99. Whoever commits any act described in division	1055
(A) of section 1707.042 or section 1707.44 of the Revised Code is	1056
guilty of a violation of sections 1707.01 to 1707.45 of the	1057
Revised Code and the following apply to the offender:	1058

(A) If the value of the funds or securities involved in the	1059
offense or the loss to the victim is less than ~~five hundred~~one	1060
thousand dollars, the offender is guilty of a felony of the fifth	1061
degree, and the court may impose upon the offender an additional	1062
fine of not more than two thousand five hundred dollars.	1063

(B) If the value of the funds or securities involved in the	1064
offense or the loss to the victim is ~~five hundred~~one thousand	1065
dollars or more but less than ~~five~~seven thousand five hundred	1066
dollars, the offender is guilty of a felony of the fourth degree,	1067
and the court may impose upon the offender an additional fine of	1068
not more than five thousand dollars.	1069

(C) If the value of the funds or securities involved in the	1070
offense or the loss to the victim is ~~five~~seven thousand five	1071
hundred dollars or more but less than ~~twenty-five~~thirty-seven	1072
thousand five hundred dollars, the offender is guilty of a felony	1073
of the third degree, and the court may impose upon the offender an	1074
additional fine of not more than ten thousand dollars.	1075

(D) If the value of the funds or securities involved in the	1076
offense or the loss to the victim is ~~twenty-five~~thirty-seven	1077
thousand five hundred dollars or more but less than one hundred	1078
fifty thousand dollars, the offender is guilty of a felony of the	1079
second degree, and the court may impose upon the offender an	1080
additional fine of not more than fifteen thousand dollars.	1081

(E) If the value of the funds or securities involved in the	1082
offense or the loss to the victim is one hundred fifty thousand	1083
dollars or more, the offender is guilty of a felony of the first	1084
degree, and the court may impose upon the offender an additional	1085
fine of not more than twenty thousand dollars.	1086

Sec. 1716.99. (A) Whoever violates any provision of sections	1087
1716.02 to 1716.17 of the Revised Code, other than division (A)(1)	1088
of section 1716.14 of the Revised Code, is guilty of a misdemeanor	1089
of the first degree.	1090

Each occurrence of a solicitation of a contribution from any	1091
person in violation of any provision of sections 1716.02 to	1092
1716.17 of the Revised Code, other than division (A)(1) of section	1093
1716.14 of the Revised Code, is considered a separate offense.	1094

(B)(1) Whoever violates division (A)(1) of section 1716.14 of	1095
the Revised Code is guilty of solicitation fraud and shall be	1096
punished as provided in divisions (B)(2) to (4) of this section.	1097

(2) Except as otherwise provided in division (B)(4) of this	1098
section, division (B)(3) of this section applies to solicitation	1099
fraud, and solicitation fraud is one of the following:	1100

(a) Except as otherwise provided in divisions (B)(2)(b) to	1101
(d) of this section, a misdemeanor of the first degree or, if the	1102
offender previously has been convicted of or pleaded guilty to a	1103
theft offense or a violation of division (A)(1) of section 1716.14	1104
of the Revised Code, a felony of the fifth degree.	1105

(b) If the value of the contribution or contributions made in	1106
the violation is ~~five hundred~~one thousand dollars or more but	1107
less than ~~five~~seven thousand five hundred dollars, a felony of	1108
the fifth degree or, if the offender previously has been convicted	1109
of or pleaded guilty to a theft offense or a violation of division	1110
(A)(1) of section 1716.14 of the Revised Code, a felony of the	1111
fourth degree.	1112

(c) If the value of the contribution or contributions made in	1113
the violation is ~~five~~seven thousand five hundred dollars or more	1114
but less than one hundred fifty thousand dollars, a felony of the	1115
fourth degree or, if the offender previously has been convicted of	1116
or pleaded guilty to a theft offense or a violation of division	1117
(A)(1) of section 1716.14 of the Revised Code, a felony of the	1118
third degree.	1119

(d) If the value of the contribution or contributions made in	1120
the violation is one hundred fifty thousand dollars or more, a	1121
felony of the third degree.	1122

(3) When an offender commits a series of offenses in	1123
violation of division (A)(1) of section 1716.14 of the Revised	1124
Code as part of a common scheme or plan to defraud multiple	1125
victims, all of the offenses may be tried as a single offense. If	1126
the offenses are tried as a single offense, the value of the	1127
contributions for purposes of determining the value as required by	1128
division (B)(2) of this section is the aggregate value of all	1129
contributions involved in all offenses in the common scheme or	1130
plan to defraud multiple victims. In prosecuting a single offense	1131
under this division, it is not necessary to separately allege and	1132
prove each offense in the series. Rather, it is sufficient to	1133
allege and prove that the offender, within a given span of time,	1134
committed one or more offenses as part of a common scheme or plan	1135
to defraud multiple victims as described in this division.	1136

(4) If the victim of the offense is an elderly person or	1137
disabled adult, division (B)(4) of this section and section	1138
2913.61 of the Revised Code apply to solicitation fraud, and	1139
solicitation fraud is one of the following:	1140

(a) Except as otherwise provided in divisions (B)(4)(b) to	1141
(d) of this section, a felony of the fifth degree;	1142

(b) If the value of the contributions made in the violation	1143
is ~~five hundred~~one thousand dollars or more and is less than	1144
~~five~~seven thousand five hundred dollars, a felony of the fourth	1145
degree;	1146

(c) If the value of the contributions made in the violation	1147
is ~~five~~seven thousand five hundred dollars or more and is less	1148
than ~~twenty-five~~thirty-seven thousand five hundred dollars, a	1149
felony of the third degree;	1150

(d) If the value of the contributions made in the violation	1151
is ~~twenty-five~~thirty-seven thousand five hundred dollars or more,	1152
a felony of the second degree.	1153

(C) Any person who is found guilty of any act or omission	1154
prohibited under this chapter shall forfeit the bond described in	1155
section 1716.05 or 1716.07 of the Revised Code to the state	1156
treasury to the credit of the charitable law fund established	1157
under section 109.32 of the Revised Code and shall be prohibited	1158
from registering with the attorney general or from serving as a	1159
fund-raising counsel or professional solicitor in this state for a	1160
period of five years after conviction.	1161

Sec. 2743.191. (A)(1) There is hereby created in the state	1162
treasury the reparations fund, which shall be used only for the	1163
following purposes:	1164

(a) The payment of awards of reparations that are granted by	1165
the attorney general;	1166

(b) The compensation of any personnel needed by the attorney	1167
general to administer sections 2743.51 to 2743.72 of the Revised	1168
Code;	1169

(c) The compensation of witnesses as provided in division (J)	1170
of section 2743.65 of the Revised Code;	1171

(d) Other administrative costs of hearing and determining	1172
claims for an award of reparations by the attorney general;	1173

(e) The costs of administering sections 2907.28 and 2969.01	1174
to 2969.06 of the Revised Code;	1175

(f) The costs of investigation and decision-making as	1176
certified by the attorney general;	1177

(g) The provision of state financial assistance to victim	1178
assistance programs in accordance with sections 109.91 and 109.92	1179
of the Revised Code;	1180

(h) The costs of paying the expenses of sex offense-related	1181
examinations and antibiotics pursuant to section 2907.28 of the	1182
Revised Code;	1183

(i) The cost of printing and distributing the pamphlet	1184
prepared by the attorney general pursuant to section 109.42 of the	1185
Revised Code;	1186

(j) Subject to division (D) of section 2743.71 of the Revised	1187
Code, the costs associated with the printing and providing of	1188
information cards or other printed materials to law enforcement	1189
agencies and prosecuting authorities and with publicizing the	1190
availability of awards of reparations pursuant to section 2743.71	1191
of the Revised Code;	1192

(k) The payment of costs of administering a DNA specimen	1193
collection procedure pursuant to sections 2152.74 and 2901.07 of	1194
the Revised Code, of performing DNA analysis of those DNA	1195
specimens, and of entering the resulting DNA records regarding	1196
those analyses into the DNA database pursuant to section 109.573	1197
of the Revised Code;	1198

(l) The payment of actual costs associated with initiatives	1199
by the attorney general for the apprehension, prosecution, and	1200
accountability of offenders, and the enhancing of services to	1201
crime victims. The amount of payments made pursuant to division	1202
(A)(1)(l) of this section during any given fiscal year shall not	1203
exceed five per cent of the balance of the reparations fund at the	1204
close of the immediately previous fiscal year;	1205

(m) The costs of administering the adult parole authority's	1206
supervision pursuant to division (E) of section 2971.05 of the	1207
Revised Code of sexually violent predators who are sentenced to a	1208
prison term pursuant to division (A)(3) of section 2971.03 of the	1209
Revised Code and of offenders who are sentenced to a prison term	1210
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	1211
(c), or (B)(3)(a), (b), (c), or (d) of that section;	1212

(n) Subject to the limit set forth in those sections, the	1213
costs of the installation and monitoring of an electronic	1214
monitoring device used in the monitoring of a respondent pursuant	1215
to an electronic monitoring order issued by a court under division	1216
(E)(1)(b) of section 2151.34 or division (E)(1)(b) of section	1217
2903.214 of the Revised Code if the court determines that the	1218
respondent is indigent or used in the monitoring of an offender	1219
pursuant to an electronic monitoring order issued under division	1220
(B)(5) of section 2919.27 of the Revised Code if the court	1221
determines that the offender is indigent;	1222

(o) The costs of monitoring an offender by means of a global	1223
positioning device, if the offender is released from prison	1224
pursuant to section 2967.19 of the Revised Code, the court orders	1225
monitoring of the offender by the device pursuant to division (I)	1226
of that section, and the court determines that the offender is	1227
indigent.	1228

(2) All costs paid pursuant to section 2743.70 of the Revised	1229
Code, the portions of license reinstatement fees mandated by	1230
division (F)(2)(b) of section 4511.191 of the Revised Code to be	1231
credited to the fund, the portions of the proceeds of the sale of	1232
a forfeited vehicle specified in division (C)(2) of section	1233
4503.234 of the Revised Code, payments collected by the department	1234
of rehabilitation and correction from prisoners who voluntarily	1235
participate in an approved work and training program pursuant to	1236
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	1237
all moneys collected by the state pursuant to its right of	1238
subrogation provided in section 2743.72 of the Revised Code shall	1239
be deposited in the fund.	1240

(B) In making an award of reparations, the attorney general	1241
shall render the award against the state. The award shall be	1242
accomplished only through the following procedure, and the	1243
following procedure may be enforced by writ of mandamus directed	1244
to the appropriate official:	1245

(1) The attorney general shall provide for payment of the	1246
claimant or providers in the amount of the award only if the	1247
amount of the award is fifty dollars or more.	1248

(2) The expense shall be charged against all available	1249
unencumbered moneys in the fund.	1250

(3) If sufficient unencumbered moneys do not exist in the	1251
fund, the attorney general shall make application for payment of	1252
the award out of the emergency purposes account or any other	1253
appropriation for emergencies or contingencies, and payment out of	1254
this account or other appropriation shall be authorized if there	1255
are sufficient moneys greater than the sum total of then pending	1256
emergency purposes account requests or requests for releases from	1257
the other appropriations.	1258

(4) If sufficient moneys do not exist in the account or any	1259
other appropriation for emergencies or contingencies to pay the	1260
award, the attorney general shall request the general assembly to	1261
make an appropriation sufficient to pay the award, and no payment	1262
shall be made until the appropriation has been made. The attorney	1263
general shall make this appropriation request during the current	1264
biennium and during each succeeding biennium until a sufficient	1265
appropriation is made. If, prior to the time that an appropriation	1266
is made by the general assembly pursuant to this division, the	1267
fund has sufficient unencumbered funds to pay the award or part of	1268
the award, the available funds shall be used to pay the award or	1269
part of the award, and the appropriation request shall be amended	1270
to request only sufficient funds to pay that part of the award	1271
that is unpaid.	1272

(C) The attorney general shall not make payment on a decision	1273
or order granting an award until all appeals have been determined	1274
and all rights to appeal exhausted, except as otherwise provided	1275
in this section. If any party to a claim for an award of	1276
reparations appeals from only a portion of an award, and a	1277
remaining portion provides for the payment of money by the state,	1278
that part of the award calling for the payment of money by the	1279
state and not a subject of the appeal shall be processed for	1280
payment as described in this section.	1281

(D) The attorney general shall prepare itemized bills for the	1282
costs of printing and distributing the pamphlet the attorney	1283
general prepares pursuant to section 109.42 of the Revised Code.	1284
The itemized bills shall set forth the name and address of the	1285
persons owed the amounts set forth in them.	1286

(E) As used in this section, "DNA analysis" and "DNA	1287
specimen" have the same meanings as in section 109.573 of the	1288
Revised Code.	1289

Sec. 2909.03. (A) No person, by means of fire or explosion,	1290
shall knowingly do any of the following:	1291

(1) Cause, or create a substantial risk of, physical harm to	1292
any property of another without the other person's consent;	1293

(2) Cause, or create a substantial risk of, physical harm to	1294
any property of the offender or another, with purpose to defraud;	1295

(3) Cause, or create a substantial risk of, physical harm to	1296
the statehouse or a courthouse, school building, or other building	1297
or structure that is owned or controlled by the state, any	1298
political subdivision, or any department, agency, or	1299
instrumentality of the state or a political subdivision, and that	1300
is used for public purposes;	1301

(4) Cause, or create a substantial risk of, physical harm,	1302
through the offer or the acceptance of an agreement for hire or	1303
other consideration, to any property of another without the other	1304
person's consent or to any property of the offender or another	1305
with purpose to defraud;	1306

(5) Cause, or create a substantial risk of, physical harm to	1307
any park, preserve, wildlands, brush-covered land, cut-over land,	1308
forest, timberland, greenlands, woods, or similar real property	1309
that is owned or controlled by another person, the state, or a	1310
political subdivision without the consent of the other person, the	1311
state, or the political subdivision;	1312

(6) With purpose to defraud, cause, or create a substantial	1313
risk of, physical harm to any park, preserve, wildlands,	1314
brush-covered land, cut-over land, forest, timberland, greenlands,	1315
woods, or similar real property that is owned or controlled by the	1316
offender, another person, the state, or a political subdivision.	1317

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

1318

(2) A violation of division (A)(1) of this section is one of	1319
the following:	1320

(a) Except as otherwise provided in division (B)(2)(b) of	1321
this section, a misdemeanor of the first degree;	1322

(b) If the value of the property or the amount of the	1323
physical harm involved is ~~five hundred~~one thousand dollars or	1324
more, a felony of the fourth degree.	1325

(3) A violation of division (A)(2), (3), (5), or (6) of this	1326
section is a felony of the fourth degree.	1327

(4) A violation of division (A)(4) of this section is a	1328
felony of the third degree.	1329

Sec. 2909.05. (A) No person shall knowingly cause serious	1330
physical harm to an occupied structure or any of its contents.	1331

(B)(1) No person shall knowingly cause physical harm to	1332
property that is owned or possessed by another, when either of the	1333
following applies:	1334

(a) The property is used by its owner or possessor in the	1335
owner's or possessor's profession, business, trade, or occupation,	1336
and the value of the property or the amount of physical harm	1337
involved is ~~five hundred~~one thousand dollars or more;	1338

(b) Regardless of the value of the property or the amount of	1339
damage done, the property or its equivalent is necessary in order	1340
for its owner or possessor to engage in the owner's or possessor's	1341
profession, business, trade, or occupation.	1342

(2) No person shall knowingly cause serious physical harm to	1343
property that is owned, leased, or controlled by a governmental	1344
entity. A governmental entity includes, but is not limited to, the	1345
state or a political subdivision of the state, a school district,	1346
the board of trustees of a public library or public university, or	1347
any other body corporate and politic responsible for governmental	1348
activities only in geographical areas smaller than that of the	1349
state.	1350

(C) No person, without privilege to do so, shall knowingly	1351
cause serious physical harm to any tomb, monument, gravestone, or	1352
other similar structure that is used as a memorial for the dead;	1353
to any fence, railing, curb, or other property that is used to	1354
protect, enclose, or ornament any cemetery; or to a cemetery.	1355

(D) No person, without privilege to do so, shall knowingly	1356
cause physical harm to a place of burial by breaking and entering	1357
into a tomb, crypt, casket, or other structure that is used as a	1358
memorial for the dead or as an enclosure for the dead.	1359

(E) Whoever violates this section is guilty of vandalism.	1360
Except as otherwise provided in this division, vandalism is a	1361
felony of the fifth degree that is punishable by a fine of up to	1362
two thousand five hundred dollars in addition to the penalties	1363
specified for a felony of the fifth degree in sections 2929.11 to	1364
2929.18 of the Revised Code. If the value of the property or the	1365
amount of physical harm involved is ~~five~~seven thousand five	1366
hundred dollars or more but less than one hundred fifty thousand	1367
dollars, vandalism is a felony of the fourth degree. If the value	1368
of the property or the amount of physical harm involved is one	1369
hundred fifty thousand dollars or more, vandalism is a felony of	1370
the third degree.	1371

(F) For purposes of this section:

1372

(1) "Cemetery" means any place of burial and includes burial	1373
sites that contain American Indian burial objects placed with or	1374
containing American Indian human remains.	1375

(2) "Serious physical harm" means physical harm to property	1376
that results in loss to the value of the property of ~~five hundred~~	1377
one thousand dollars or more.	1378

Sec. 2909.11. (A) When a person is charged with a violation	1379
of division (A)(1) of section 2909.03 of the Revised Code	1380
involving property value or an amount of physical harm of ~~five~~	1381
~~hundred~~one thousand dollars or more or with a violation of	1382
section 2909.05 of the Revised Code involving property value or an	1383
amount of physical harm of ~~five hundred~~one thousand dollars or	1384
more, the jury or court trying the accused shall determine the	1385
value of the property or amount of physical harm and, if a guilty	1386
verdict is returned, shall return the finding as part of the	1387
verdict. In any such case, it is unnecessary to find or return the	1388
exact value or amount of physical harm, section 2945.75 of the	1389
Revised Code applies, and it is sufficient if either of the	1390
following applies, as appropriate, relative to the finding and	1391
return of the value or amount of physical harm:	1392

(1) If the finding and return relate to a violation of	1393
division (A)(1) of section 2909.03 of the Revised Code and are	1394
that the value or amount of the physical harm was ~~five hundred~~	1395
one thousand dollars or more, the finding and return shall include	1396
a statement that the value or amount was ~~five hundred~~one	1397
thousand dollars or more.	1398

(2) If the finding and return relate to a violation of	1399
division section 2909.05 of the Revised Code and are that the	1400
value or amount of the physical harm was in any of the following	1401
categories, the finding and return shall include one of the	1402
following statements, as appropriate:	1403

(a) If the finding and return are that the value or amount	1404
was one hundred fifty thousand dollars or more, a statement that	1405
the value or amount was one hundred fifty thousand dollars or	1406
more;	1407

(b) If the finding and return are that the value or amount	1408
was ~~five~~seven thousand five hundred dollars or more but less than	1409
one hundred fifty thousand dollars a statement that the value or	1410
amount was ~~five~~seven thousand five hundred dollars or more but	1411
less than one hundred fifty thousand dollars;	1412

(c) If the finding and return are that the value or amount	1413
was ~~five hundred~~one thousand dollars or more but less than ~~five~~	1414
seven thousand five hundred dollars, a statement that the value	1415
or amount was ~~five hundred~~one thousand dollars or more but less	1416
than ~~five~~seven thousand five hundred dollars.	1417

(B) The following criteria shall be used in determining the	1418
value of property or amount of physical harm involved in a	1419
violation of division (A)(1) of section 2909.03 or section 2909.05	1420
of the Revised Code:	1421

(1) If the property is an heirloom, memento, collector's	1422
item, antique, museum piece, manuscript, document, record, or	1423
other thing that is either irreplaceable or is replaceable only on	1424
the expenditure of substantial time, effort, or money, the value	1425
of the property or the amount of physical harm involved is the	1426
amount that would compensate the owner for its loss.	1427

(2) If the property is not covered under division (B)(1) of	1428
this section and the physical harm is such that the property can	1429
be restored substantially to its former condition, the amount of	1430
physical harm involved is the reasonable cost of restoring the	1431
property.	1432

(3) If the property is not covered under division (B)(1) of	1433
this section and the physical harm is such that the property	1434
cannot be restored substantially to its former condition, the	1435
value of the property, in the case of personal property, is the	1436
cost of replacing the property with new property of like kind and	1437
quality, and, in the case of real property or real property	1438
fixtures, is the difference in the fair market value of the	1439
property immediately before and immediately after the offense.	1440

(C) As used in this section, "fair market value" has the same	1441
meaning as in section 2913.61 of the Revised Code.	1442

(D) Prima-facie evidence of the value of property, as	1443
provided in division (E) of section 2913.61 of the Revised Code,	1444
may be used to establish the value of property pursuant to this	1445
section.	1446

Sec. 2913.01. As used in this chapter, unless the context	1447
requires that a term be given a different meaning:	1448

(A) "Deception" means knowingly deceiving another or causing	1449
another to be deceived by any false or misleading representation,	1450
by withholding information, by preventing another from acquiring	1451
information, or by any other conduct, act, or omission that	1452
creates, confirms, or perpetuates a false impression in another,	1453
including a false impression as to law, value, state of mind, or	1454
other objective or subjective fact.	1455

(B) "Defraud" means to knowingly obtain, by deception, some	1456
benefit for oneself or another, or to knowingly cause, by	1457
deception, some detriment to another.	1458

1459

(1) Withhold property of another permanently, or for a period	1460
that appropriates a substantial portion of its value or use, or	1461
with purpose to restore it only upon payment of a reward or other	1462
consideration;	1463

(2) Dispose of property so as to make it unlikely that the	1464
owner will recover it;	1465

(3) Accept, use, or appropriate money, property, or services,	1466
with purpose not to give proper consideration in return for the	1467
money, property, or services, and without reasonable justification	1468
or excuse for not giving proper consideration.	1469

(D) "Owner" means, unless the context requires a different	1470
meaning, any person, other than the actor, who is the owner of,	1471
who has possession or control of, or who has any license or	1472
interest in property or services, even though the ownership,	1473
possession, control, license, or interest is unlawful.	1474

(E) "Services" include labor, personal services, professional	1475
services, rental services, public utility services including	1476
wireless service as defined in division (F)(1) of section 4931.40	1477
of the Revised Code, common carrier services, and food, drink,	1478
transportation, entertainment, and cable television services and,	1479
for purposes of section 2913.04 of the Revised Code, include cable	1480
services as defined in that section.	1481

(F) "Writing" means any computer software, document, letter,	1482
memorandum, note, paper, plate, data, film, or other thing having	1483
in or upon it any written, typewritten, or printed matter, and any	1484
token, stamp, seal, credit card, badge, trademark, label, or other	1485
symbol of value, right, privilege, license, or identification.	1486

(G) "Forge" means to fabricate or create, in whole or in part	1487
and by any means, any spurious writing, or to make, execute,	1488
alter, complete, reproduce, or otherwise purport to authenticate	1489
any writing, when the writing in fact is not authenticated by that	1490
conduct.	1491

(H) "Utter" means to issue, publish, transfer, use, put or	1492
send into circulation, deliver, or display.	1493

(I) "Coin machine" means any mechanical or electronic device	1494
designed to do both of the following:	1495

(1) Receive a coin, bill, or token made for that purpose;

1496

(2) In return for the insertion or deposit of a coin, bill,	1497
or token, automatically dispense property, provide a service, or	1498
grant a license.	1499

(J) "Slug" means an object that, by virtue of its size,	1500
shape, composition, or other quality, is capable of being inserted	1501
or deposited in a coin machine as an improper substitute for a	1502
genuine coin, bill, or token made for that purpose.	1503

(K) "Theft offense" means any of the following:

1504

(1) A violation of section 2911.01, 2911.02, 2911.11,	1505
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,	1506
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	1507
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,	1508
2913.47, 2913.48, former section 2913.47 or 2913.48, or section	1509
2913.51, 2915.05, or 2921.41 of the Revised Code;	1510

(2) A violation of an existing or former municipal ordinance	1511
or law of this or any other state, or of the United States,	1512
substantially equivalent to any section listed in division (K)(1)	1513
of this section or a violation of section 2913.41, 2913.81, or	1514
2915.06 of the Revised Code as it existed prior to July 1, 1996;	1515

(3) An offense under an existing or former municipal	1516
ordinance or law of this or any other state, or of the United	1517
States, involving robbery, burglary, breaking and entering, theft,	1518
embezzlement, wrongful conversion, forgery, counterfeiting,	1519
deceit, or fraud;	1520

(4) A conspiracy or attempt to commit, or complicity in	1521
committing, any offense under division (K)(1), (2), or (3) of this	1522
section.	1523

(L) "Computer services" includes, but is not limited to, the	1524
use of a computer system, computer network, computer program, data	1525
that is prepared for computer use, or data that is contained	1526
within a computer system or computer network.	1527

(M) "Computer" means an electronic device that performs	1528
logical, arithmetic, and memory functions by the manipulation of	1529
electronic or magnetic impulses. "Computer" includes, but is not	1530
limited to, all input, output, processing, storage, computer	1531
program, or communication facilities that are connected, or	1532
related, in a computer system or network to an electronic device	1533
of that nature.	1534

(N) "Computer system" means a computer and related devices,	1535
whether connected or unconnected, including, but not limited to,	1536
data input, output, and storage devices, data communications	1537
links, and computer programs and data that make the system capable	1538
of performing specified special purpose data processing tasks.	1539

(O) "Computer network" means a set of related and remotely	1540
connected computers and communication facilities that includes	1541
more than one computer system that has the capability to transmit	1542
among the connected computers and communication facilities through	1543
the use of computer facilities.	1544

(P) "Computer program" means an ordered set of data	1545
representing coded instructions or statements that, when executed	1546
by a computer, cause the computer to process data.	1547

(Q) "Computer software" means computer programs, procedures,	1548
and other documentation associated with the operation of a	1549
computer system.	1550

(R) "Data" means a representation of information, knowledge,	1551
facts, concepts, or instructions that are being or have been	1552
prepared in a formalized manner and that are intended for use in a	1553
computer, computer system, or computer network. For purposes of	1554
section 2913.47 of the Revised Code, "data" has the additional	1555
meaning set forth in division (A) of that section.	1556

(S) "Cable television service" means any services provided by	1557
or through the facilities of any cable television system or other	1558
similar closed circuit coaxial cable communications system, or any	1559
microwave or similar transmission service used in connection with	1560
any cable television system or other similar closed circuit	1561
coaxial cable communications system.	1562

(T) "Gain access" means to approach, instruct, communicate	1563
with, store data in, retrieve data from, or otherwise make use of	1564
any resources of a computer, computer system, or computer network,	1565
or any cable service or cable system both as defined in section	1566
2913.04 of the Revised Code.	1567

(U) "Credit card" includes, but is not limited to, a card,	1568
code, device, or other means of access to a customer's account for	1569
the purpose of obtaining money, property, labor, or services on	1570
credit, or for initiating an electronic fund transfer at a	1571
point-of-sale terminal, an automated teller machine, or a cash	1572
dispensing machine. It also includes a county procurement card	1573
issued under section 301.29 of the Revised Code.	1574

(V) "Electronic fund transfer" has the same meaning as in 92	1575
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	1576

(W) "Rented property" means personal property in which the	1577
right of possession and use of the property is for a short and	1578
possibly indeterminate term in return for consideration; the	1579
rentee generally controls the duration of possession of the	1580
property, within any applicable minimum or maximum term; and the	1581
amount of consideration generally is determined by the duration of	1582
possession of the property.	1583

(X) "Telecommunication" means the origination, emission,	1584
dissemination, transmission, or reception of data, images,	1585
signals, sounds, or other intelligence or equivalence of	1586
intelligence of any nature over any communications system by any	1587
method, including, but not limited to, a fiber optic, electronic,	1588
magnetic, optical, digital, or analog method.	1589

(Y) "Telecommunications device" means any instrument,	1590
equipment, machine, or other device that facilitates	1591
telecommunication, including, but not limited to, a computer,	1592
computer network, computer chip, computer circuit, scanner,	1593
telephone, cellular telephone, pager, personal communications	1594
device, transponder, receiver, radio, modem, or device that	1595
enables the use of a modem.	1596

(Z) "Telecommunications service" means the providing,	1597
allowing, facilitating, or generating of any form of	1598
telecommunication through the use of a telecommunications device	1599
over a telecommunications system.	1600

(AA) "Counterfeit telecommunications device" means a	1601
telecommunications device that, alone or with another	1602
telecommunications device, has been altered, constructed,	1603
manufactured, or programmed to acquire, intercept, receive, or	1604
otherwise facilitate the use of a telecommunications service or	1605
information service without the authority or consent of the	1606
provider of the telecommunications service or information service.	1607
"Counterfeit telecommunications device" includes, but is not	1608
limited to, a clone telephone, clone microchip, tumbler telephone,	1609
or tumbler microchip; a wireless scanning device capable of	1610
acquiring, intercepting, receiving, or otherwise facilitating the	1611
use of telecommunications service or information service without	1612
immediate detection; or a device, equipment, hardware, or software	1613
designed for, or capable of, altering or changing the electronic	1614
serial number in a wireless telephone.	1615

(BB)(1) "Information service" means, subject to division	1616
(BB)(2) of this section, the offering of a capability for	1617
generating, acquiring, storing, transforming, processing,	1618
retrieving, utilizing, or making available information via	1619
telecommunications, including, but not limited to, electronic	1620
publishing.	1621

(2) "Information service" does not include any use of a	1622
capability of a type described in division (BB)(1) of this section	1623
for the management, control, or operation of a telecommunications	1624
system or the management of a telecommunications service.	1625

(CC) "Elderly person" means a person who is sixty-five years	1626
of age or older.	1627

(DD) "Disabled adult" means a person who is eighteen years of	1628
age or older and has some impairment of body or mind that makes	1629
the person unable to work at any substantially remunerative	1630
employment that the person otherwise would be able to perform and	1631
that will, with reasonable probability, continue for a period of	1632
at least twelve months without any present indication of recovery	1633
from the impairment, or who is eighteen years of age or older and	1634
has been certified as permanently and totally disabled by an	1635
agency of this state or the United States that has the function of	1636
so classifying persons.	1637

(EE) "Firearm" and "dangerous ordnance" have the same	1638
meanings as in section 2923.11 of the Revised Code.	1639

(FF) "Motor vehicle" has the same meaning as in section	1640
4501.01 of the Revised Code.	1641

(GG) "Dangerous drug" has the same meaning as in section	1642
4729.01 of the Revised Code.	1643

(HH) "Drug abuse offense" has the same meaning as in section	1644
2925.01 of the Revised Code.	1645

(II)(1) "Computer hacking" means any of the following:

1646

(a) Gaining access or attempting to gain access to all or	1647
part of a computer, computer system, or a computer network without	1648
express or implied authorization with the intent to defraud or	1649
with intent to commit a crime;	1650

(b) Misusing computer or network services including, but not	1651
limited to, mail transfer programs, file transfer programs, proxy	1652
servers, and web servers by performing functions not authorized by	1653
the owner of the computer, computer system, or computer network or	1654
other person authorized to give consent. As used in this division,	1655
"misuse of computer and network services" includes, but is not	1656
limited to, the unauthorized use of any of the following:	1657

(i) Mail transfer programs to send mail to persons other than	1658
the authorized users of that computer or computer network;	1659

(ii) File transfer program proxy services or proxy servers to	1660
access other computers, computer systems, or computer networks;	1661

(iii) Web servers to redirect users to other web pages or web	1662
servers.	1663

(c)(i) Subject to division (II)(1)(c)(ii) of this section,	1664
using a group of computer programs commonly known as "port	1665
scanners" or "probes" to intentionally access any computer,	1666
computer system, or computer network without the permission of the	1667
owner of the computer, computer system, or computer network or	1668
other person authorized to give consent. The group of computer	1669
programs referred to in this division includes, but is not limited	1670
to, those computer programs that use a computer network to access	1671
a computer, computer system, or another computer network to	1672
determine any of the following: the presence or types of computers	1673
or computer systems on a network; the computer network's	1674
facilities and capabilities; the availability of computer or	1675
network services; the presence or versions of computer software	1676
including, but not limited to, operating systems, computer	1677
services, or computer contaminants; the presence of a known	1678
computer software deficiency that can be used to gain unauthorized	1679
access to a computer, computer system, or computer network; or any	1680
other information about a computer, computer system, or computer	1681
network not necessary for the normal and lawful operation of the	1682
computer initiating the access.	1683

(ii) The group of computer programs referred to in division	1684
(II)(1)(c)(i) of this section does not include standard computer	1685
software used for the normal operation, administration,	1686
management, and test of a computer, computer system, or computer	1687
network including, but not limited to, domain name services, mail	1688
transfer services, and other operating system services, computer	1689
programs commonly called "ping," "tcpdump," and "traceroute" and	1690
other network monitoring and management computer software, and	1691
computer programs commonly known as "nslookup" and "whois" and	1692
other systems administration computer software.	1693

(d) The intentional use of a computer, computer system, or a	1694
computer network in a manner that exceeds any right or permission	1695
granted by the owner of the computer, computer system, or computer	1696
network or other person authorized to give consent.	1697

(2) "Computer hacking" does not include the introduction of a	1698
computer contaminant, as defined in section ~~2909.02~~2909.01 of the	1699
Revised Code, into a computer, computer system, computer program,	1700
or computer network.	1701

(JJ) "Police dog or horse" has the same meaning as in section	1702
2921.321 of the Revised Code.	1703

(KK) "Anhydrous ammonia" is a compound formed by the	1704
combination of two gaseous elements, nitrogen and hydrogen, in the	1705
manner described in this division. Anhydrous ammonia is one part	1706
nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by	1707
weight is fourteen parts nitrogen to three parts hydrogen, which	1708
is approximately eighty-two per cent nitrogen to eighteen per cent	1709
hydrogen.	1710

(LL) "Assistance dog" has the same meaning as in section	1711
955.011 of the Revised Code.	1712

(MM) "Federally licensed firearms dealer" has the same	1713
meaning as in section 5502.63 of the Revised Code.	1714

Sec. 2913.02. (A) No person, with purpose to deprive the	1715
owner of property or services, shall knowingly obtain or exert	1716
control over either the property or services in any of the	1717
following ways:	1718

(1) Without the consent of the owner or person authorized to	1719
give consent;	1720

(2) Beyond the scope of the express or implied consent of the	1721
owner or person authorized to give consent;	1722

(3) By deception;

1723

(4) By threat;

1724

(5) By intimidation.

1725

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

1726

(2) Except as otherwise provided in this division or division	1727
(B)(3), (4), (5), (6), (7), or (8) of this section, a violation of	1728
this section is petty theft, a misdemeanor of the first degree. If	1729
the value of the property or services stolen is ~~five hundred~~one	1730
thousand dollars or more and is less than ~~five~~seven thousand five	1731
hundred dollars or if the property stolen is any of the property	1732
listed in section 2913.71 of the Revised Code, a violation of this	1733
section is theft, a felony of the fifth degree. If the value of	1734
the property or services stolen is ~~five~~seven thousand five	1735
hundred dollars or more and is less than one hundred fifty	1736
thousand dollars, a violation of this section is grand theft, a	1737
felony of the fourth degree. If the value of the property or	1738
services stolen is one hundred fifty thousand dollars or more and	1739
is less than ~~five~~seven hundred fifty thousand dollars, a	1740
violation of this section is aggravated theft, a felony of the	1741
third degree. If the value of the property or services is ~~five~~	1742
seven hundred fifty thousand dollars or more and is less than one	1743
million five hundred thousand dollars, a violation of this section	1744
is aggravated theft, a felony of the second degree. If the value	1745
of the property or services stolen is one million five hundred	1746
thousand dollars or more, a violation of this section is	1747
aggravated theft of one million five hundred thousand dollars or	1748
more, a felony of the first degree.	1749

(3) Except as otherwise provided in division (B)(4), (5),	1750
(6), (7), or (8) of this section, if the victim of the offense is	1751
an elderly person or disabled adult, a violation of this section	1752
is theft from an elderly person or disabled adult, and division	1753
(B)(3) of this section applies. Except as otherwise provided in	1754
this division, theft from an elderly person or disabled adult is a	1755
felony of the fifth degree. If the value of the property or	1756
services stolen is ~~five hundred~~one thousand dollars or more and	1757
is less than ~~five~~seven thousand five hundred dollars, theft from	1758
an elderly person or disabled adult is a felony of the fourth	1759
degree. If the value of the property or services stolen is ~~five~~	1760
seven thousand five hundred dollars or more and is less than	1761
~~twenty-five~~thirty-seven thousand five hundred dollars, theft from	1762
an elderly person or disabled adult is a felony of the third	1763
degree. If the value of the property or services stolen is	1764
~~twenty-five~~thirty-seven thousand five hundred dollars or more and	1765
is less than one hundred fifty thousand dollars, theft from an	1766
elderly person or disabled adult is a felony of the second degree.	1767
If the value of the property or services stolen is one hundred	1768
fifty thousand dollars or more, theft from an elderly person or	1769
disabled adult is a felony of the first degree.	1770

(4) If the property stolen is a firearm or dangerous	1771
ordnance, a violation of this section is grand theft. Except as	1772
otherwise provided in this division, grand theft when the property	1773
stolen is a firearm or dangerous ordnance is a felony of the third	1774
degree, and there is a presumption in favor of the court imposing	1775
a prison term for the offense. If the firearm or dangerous	1776
ordnance was stolen from a federally licensed firearms dealer,	1777
grand theft when the property stolen is a firearm or dangerous	1778
ordnance is a felony of the first degree. The offender shall serve	1779
a prison term imposed for grand theft when the property stolen is	1780
a firearm or dangerous ordnance consecutively to any other prison	1781
term or mandatory prison term previously or subsequently imposed	1782
upon the offender.	1783

(5) If the property stolen is a motor vehicle, a violation of	1784
this section is grand theft of a motor vehicle, a felony of the	1785
fourth degree.	1786

(6) If the property stolen is any dangerous drug, a violation	1787
of this section is theft of drugs, a felony of the fourth degree,	1788
or, if the offender previously has been convicted of a felony drug	1789
abuse offense, a felony of the third degree.	1790

(7) If the property stolen is a police dog or horse or an	1791
assistance dog and the offender knows or should know that the	1792
property stolen is a police dog or horse or an assistance dog, a	1793
violation of this section is theft of a police dog or horse or an	1794
assistance dog, a felony of the third degree.	1795

(8) If the property stolen is anhydrous ammonia, a violation	1796
of this section is theft of anhydrous ammonia, a felony of the	1797
third degree.	1798

(9) In addition to the penalties described in division (B)(2)	1799
of this section, if the offender committed the violation by	1800
causing a motor vehicle to leave the premises of an establishment	1801
at which gasoline is offered for retail sale without the offender	1802
making full payment for gasoline that was dispensed into the fuel	1803
tank of the motor vehicle or into another container, the court may	1804
do one of the following:	1805

(a) Unless division (B)(9)(b) of this section applies,	1806
suspend for not more than six months the offender's driver's	1807
license, probationary driver's license, commercial driver's	1808
license, temporary instruction permit, or nonresident operating	1809
privilege;	1810

(b) If the offender's driver's license, probationary driver's	1811
license, commercial driver's license, temporary instruction	1812
permit, or nonresident operating privilege has previously been	1813
suspended pursuant to division (B)(9)(a) of this section, impose a	1814
class seven suspension of the offender's license, permit, or	1815
privilege from the range specified in division (A)(7) of section	1816
4510.02 of the Revised Code, provided that the suspension shall be	1817
for at least six months.	1818

(10) In addition to the penalties described in division	1819
(B)(2) of this section, if the offender committed the violation by	1820
stealing rented property or rental services, the court may order	1821
that the offender make restitution pursuant to section 2929.18 or	1822
2929.28 of the Revised Code. Restitution may include, but is not	1823
limited to, the cost of repairing or replacing the stolen	1824
property, or the cost of repairing the stolen property and any	1825
loss of revenue resulting from deprivation of the property due to	1826
theft of rental services that is less than or equal to the actual	1827
value of the property at the time it was rented. Evidence of	1828
intent to commit theft of rented property or rental services shall	1829
be determined pursuant to the provisions of section 2913.72 of the	1830
Revised Code.	1831

(C) The sentencing court that suspends an offender's license,	1832
permit, or nonresident operating privilege under division (B)(9)	1833
of this section may grant the offender limited driving privileges	1834
during the period of the suspension in accordance with Chapter	1835
4510. of the Revised Code.	1836

Sec. 2913.03. (A) No person shall knowingly use or operate	1837
an aircraft, motor vehicle, motorcycle, motorboat, or other	1838
motor-propelled vehicle without the consent of the owner or person	1839
authorized to give consent.	1840

(B) No person shall knowingly use or operate an aircraft,	1841
motor vehicle, motorboat, or other motor-propelled vehicle without	1842
the consent of the owner or person authorized to give consent, and	1843
either remove it from this state or keep possession of it for more	1844
than forty-eight hours.	1845

(C) The following are affirmative defenses to a charge under	1846
this section:	1847

(1) At the time of the alleged offense, the actor, though	1848
mistaken, reasonably believed that the actor was authorized to use	1849
or operate the property.	1850

(2) At the time of the alleged offense, the actor reasonably	1851
believed that the owner or person empowered to give consent would	1852
authorize the actor to use or operate the property.	1853

(D)(1) Whoever violates this section is guilty of	1854
unauthorized use of a vehicle.	1855

(2) Except as otherwise provided in division (D)(4) of this	1856
section, a violation of division (A) of this section is a	1857
misdemeanor of the first degree.	1858

(3) Except as otherwise provided in division (D)(4) of this	1859
section, a violation of division (B) of this section is a felony	1860
of the fifth degree.	1861

(4) If the victim of the offense is an elderly person or	1862
disabled adult and if the victim incurs a loss as a result of the	1863
violation, a violation of division (A) or (B) of this section is	1864
whichever of the following is applicable:	1865

(a) Except as otherwise provided in division (D)(4)(b), (c),	1866
or (d)~~, or (e)~~ of this section, a felony of the fifth degree;	1867

(b) If the loss to the victim is ~~five hundred~~one thousand	1868
dollars or more and is less than ~~five~~seven thousand five hundred	1869
dollars, a felony of the fourth degree;	1870

(c) If the loss to the victim is ~~five~~seven thousand five	1871
hundred dollars or more and is less than ~~twenty-five~~thirty-seven	1872
thousand five hundred dollars, a felony of the third degree;	1873

(d) If the loss to the victim is ~~twenty-five~~thirty-seven	1874
thousand five hundred dollars or more, a felony of the second	1875
degree.	1876

Sec. 2913.04. (A) No person shall knowingly use or operate	1877
the property of another without the consent of the owner or person	1878
authorized to give consent.	1879

(B) No person, in any manner and by any means, including, but	1880
not limited to, computer hacking, shall knowingly gain access to,	1881
attempt to gain access to, or cause access to be gained to any	1882
computer, computer system, computer network, cable service, cable	1883
system, telecommunications device, telecommunications service, or	1884
information service without the consent of, or beyond the scope of	1885
the express or implied consent of, the owner of the computer,	1886
computer system, computer network, cable service, cable system,	1887
telecommunications device, telecommunications service, or	1888
information service or other person authorized to give consent.	1889

(C) No person shall knowingly gain access to, attempt to gain	1890
access to, cause access to be granted to, or disseminate	1891
information gained from access to the law enforcement automated	1892
database system created pursuant to section 5503.10 of the Revised	1893
Code without the consent of, or beyond the scope of the express or	1894
implied consent of, the chair of the law enforcement automated	1895
data system steering committee.	1896

(D) No person shall knowingly gain access to, attempt to gain	1897
access to, cause access to be granted to, or disseminate	1898
information gained from access to the Ohio law enforcement gateway	1899
established and operated pursuant to division (C)(1) of section	1900
109.57 of the Revised Code without the consent of, or beyond the	1901
scope of the express or implied consent of, the superintendent of	1902
the bureau of criminal identification and investigation.	1903

(E) The affirmative defenses contained in division (C) of	1904
section 2913.03 of the Revised Code are affirmative defenses to a	1905
charge under this section.	1906

(F)(1) Whoever violates division (A) of this section is	1907
guilty of unauthorized use of property.	1908

(2) Except as otherwise provided in division (F)(3) or (4) of	1909
this section, unauthorized use of property is a misdemeanor of the	1910
fourth degree.	1911

(3) Except as otherwise provided in division (F)(4) of this	1912
section, if unauthorized use of property is committed for the	1913
purpose of devising or executing a scheme to defraud or to obtain	1914
property or services, unauthorized use of property is whichever of	1915
the following is applicable:	1916

(a) Except as otherwise provided in division (F)(3)(b), (c),	1917
or (d) of this section, a misdemeanor of the first degree.	1918

(b) If the value of the property or services or the loss to	1919
the victim is ~~five hundred~~one thousand dollars or more and is	1920
less than ~~five~~seven thousand five hundred dollars, a felony of	1921
the fifth degree.	1922

(c) If the value of the property or services or the loss to	1923
the victim is ~~five~~seven thousand five hundred dollars or more and	1924
is less than one hundred fifty thousand dollars, a felony of the	1925
fourth degree.	1926

(d) If the value of the property or services or the loss to	1927
the victim is one hundred fifty thousand dollars or more, a felony	1928
of the third degree.	1929

(4) If the victim of the offense is an elderly person or	1930
disabled adult, unauthorized use of property is whichever of the	1931
following is applicable:	1932

(a) Except as otherwise provided in division (F)(4)(b), (c),	1933
or (d) of this section, a felony of the fifth degree;	1934

(b) If the value of the property or services or loss to the	1935
victim is ~~five hundred~~one thousand dollars or more and is less	1936
than ~~five~~seven thousand five hundred dollars, a felony of the	1937
fourth degree;	1938

(c) If the value of the property or services or loss to the	1939
victim is ~~five~~seven thousand five hundred dollars or more and is	1940
less than ~~twenty-five~~thirty-seven thousand five hundred dollars,	1941
a felony of the third degree;	1942

(d) If the value of the property or services or loss to the	1943
victim is ~~twenty-five~~thirty-seven thousand five hundred dollars	1944
or more, a felony of the second degree.	1945

(G)(1) Whoever violates division (B) of this section is	1946
guilty of unauthorized use of computer, cable, or	1947
telecommunication property, and shall be punished as provided in	1948
division (G)(2), (3), or (4) of this section.	1949

(2) Except as otherwise provided in division (G)(3) or (4) of	1950
this section, unauthorized use of computer, cable, or	1951
telecommunication property is a felony of the fifth degree.	1952

(3) Except as otherwise provided in division (G)(4) of this	1953
section, if unauthorized use of computer, cable, or	1954
telecommunication property is committed for the purpose of	1955
devising or executing a scheme to defraud or to obtain property or	1956
services, for obtaining money, property, or services by false or	1957
fraudulent pretenses, or for committing any other criminal	1958
offense, unauthorized use of computer, cable, or telecommunication	1959
property is whichever of the following is applicable:	1960

(a) Except as otherwise provided in division (G)(3)(b) of	1961
this section, if the value of the property or services involved or	1962
the loss to the victim is ~~five~~seven thousand five hundred dollars	1963
or more and less than one hundred fifty thousand dollars, a felony	1964
of the fourth degree;	1965

(b) If the value of the property or services involved or the	1966
loss to the victim is one hundred fifty thousand dollars or more,	1967
a felony of the third degree.	1968

(4) If the victim of the offense is an elderly person or	1969
disabled adult, unauthorized use of computer, cable, or	1970
telecommunication property is whichever of the following is	1971
applicable:	1972

(a) Except as otherwise provided in division (G)(4)(b), (c),	1973
or (d) of this section, a felony of the fifth degree;	1974

(b) If the value of the property or services or loss to the	1975
victim is ~~five hundred~~one thousand dollars or more and is less	1976
than ~~five~~seven thousand five hundred dollars, a felony of the	1977
fourth degree;	1978

(c) If the value of the property or services or loss to the	1979
victim is ~~five~~seven thousand five hundred dollars or more and is	1980
less than ~~twenty-five~~thirty-seven thousand five hundred dollars,	1981
a felony of the third degree;	1982

(d) If the value of the property or services or loss to the	1983
victim is ~~twenty-five~~thirty-seven thousand five hundred dollars	1984
or more, a felony of the second degree.	1985

(H) Whoever violates division (C) of this section is guilty	1986
of unauthorized use of the law enforcement automated database	1987
system, a felony of the fifth degree.	1988

(I) Whoever violates division (D) of this section is guilty	1989
of unauthorized use of the Ohio law enforcement gateway, a felony	1990
of the fifth degree.	1991

(J) As used in this section:

1992

(1) "Cable operator" means any person or group of persons	1993
that does either of the following:	1994

(a) Provides cable service over a cable system and directly	1995
or through one or more affiliates owns a significant interest in	1996
that cable system;	1997

(b) Otherwise controls or is responsible for, through any	1998
arrangement, the management and operation of a cable system.	1999

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

2000

(a) The one-way transmission to subscribers of video	2001
programming or of information that a cable operator makes	2002
available to all subscribers generally;	2003

(b) Subscriber interaction, if any, that is required for the	2004
selection or use of video programming or of information that a	2005
cable operator makes available to all subscribers generally, both	2006
as described in division (J)(2)(a) of this section;	2007

2008

(3) "Cable system" means any facility, consisting of a set of	2009
closed transmission paths and associated signal generation,	2010
reception, and control equipment that is designed to provide cable	2011
service that includes video programming and that is provided to	2012
multiple subscribers within a community. "Cable system" does not	2013
include any of the following:	2014

(a) Any facility that serves only to retransmit the	2015
television signals of one or more television broadcast stations;	2016

(b) Any facility that serves subscribers without using any	2017
public right-of-way;	2018

(c) Any facility of a common carrier that, under 47 U.S.C.A.	2019
522(7)(c), is excluded from the term "cable system" as defined in	2020
47 U.S.C.A. 522(7);	2021

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

2022

(e) Any facility of any electric utility used solely for	2023
operating its electric utility system.	2024

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

2025

(1) "Check" includes any form of debit from a demand deposit	2026
account, including, but not limited to any of the following:	2027

(a) A check, bill of exchange, draft, order of withdrawal, or	2028
similar negotiable or non-negotiable instrument;	2029

(b) An electronic check, electronic transaction, debit card	2030
transaction, check card transaction, substitute check, web check,	2031
or any form of automated clearing house transaction.	2032

(2) "Issue a check" means causing any form of debit from a	2033
demand deposit account.	2034

(B) No person, with purpose to defraud, shall issue or	2035
transfer or cause to be issued or transferred a check or other	2036
negotiable instrument, knowing that it will be dishonored or	2037
knowing that a person has ordered or will order stop payment on	2038
the check or other negotiable instrument.	2039

(C) For purposes of this section, a person who issues or	2040
transfers a check or other negotiable instrument is presumed to	2041
know that it will be dishonored if either of the following occurs:	2042

(1) The drawer had no account with the drawee at the time of	2043
issue or the stated date, whichever is later;	2044

(2) The check or other negotiable instrument was properly	2045
refused payment for insufficient funds upon presentment within	2046
thirty days after issue or the stated date, whichever is later,	2047
and the liability of the drawer, indorser, or any party who may be	2048
liable thereon is not discharged by payment or satisfaction within	2049
ten days after receiving notice of dishonor.	2050

(D) For purposes of this section, a person who issues or	2051
transfers a check, bill of exchange, or other draft is presumed to	2052
have the purpose to defraud if the drawer fails to comply with	2053
section 1349.16 of the Revised Code by doing any of the following	2054
when opening a checking account intended for personal, family, or	2055
household purposes at a financial institution:	2056

(1) Falsely stating that the drawer has not been issued a	2057
valid driver's or commercial driver's license or identification	2058
card issued under section 4507.50 of the Revised Code;	2059

(2) Furnishing such license or card, or another	2060
identification document that contains false information;	2061

(3) Making a false statement with respect to the drawer's	2062
current address or any additional relevant information reasonably	2063
required by the financial institution.	2064

(E) In determining the value of the payment for purposes of	2065
division (F) of this section, the court may aggregate all checks	2066
and other negotiable instruments that the offender issued or	2067
transferred or caused to be issued or transferred in violation of	2068
division (A) of this section within a period of one hundred eighty	2069
consecutive days.	2070

(F) Whoever violates this section is guilty of passing bad	2071
checks. Except as otherwise provided in this division, passing bad	2072
checks is a misdemeanor of the first degree. If the check or	2073
checks or other negotiable instrument or instruments are issued or	2074
transferred to a single vendor or single other person for the	2075
payment of ~~five hundred~~one thousand dollars or more but less than	2076
~~five~~seven thousand five hundred dollars or if the check or checks	2077
or other negotiable instrument or instruments are issued or	2078
transferred to multiple vendors or persons for the payment of one	2079
thousand five hundred dollars or more but less than ~~five~~seven	2080
thousand five hundred dollars, passing bad checks is a felony of	2081
the fifth degree. If the check or checks or other negotiable	2082
instrument or instruments are for the payment of ~~five~~seven	2083
thousand five hundred dollars or more but less than one hundred	2084
fifty thousand dollars, passing bad checks is a felony of the	2085
fourth degree. If the check or checks or other negotiable	2086
instrument or instruments are for the payment of one hundred	2087
fifty thousand dollars or more, passing bad checks is a felony of	2088
the third degree.	2089

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

2090

(1) Practice deception for the purpose of procuring the	2091
issuance of a credit card, when a credit card is issued in actual	2092
reliance thereon;	2093

(2) Knowingly buy or sell a credit card from or to a person	2094
other than the issuer.	2095

(B) No person, with purpose to defraud, shall do any of the	2096
following:	2097

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

2098

(2) Obtain property or services by the use of a credit card,	2099
in one or more transactions, knowing or having reasonable cause to	2100
believe that the card has expired or been revoked, or was	2101
obtained, is retained, or is being used in violation of law;	2102

(3) Furnish property or services upon presentation of a	2103
credit card, knowing that the card is being used in violation of	2104
law;	2105

(4) Represent or cause to be represented to the issuer of a	2106
credit card that property or services have been furnished, knowing	2107
that the representation is false.	2108

(C) No person, with purpose to violate this section, shall	2109
receive, possess, control, or dispose of a credit card.	2110

(D)(1) Whoever violates this section is guilty of misuse of	2111
credit cards.	2112

(2) Except as otherwise provided in division (D)(4) of this	2113
section, a violation of division (A), (B)(1), or (C) of this	2114
section is a misdemeanor of the first degree.	2115

(3) Except as otherwise provided in this division or division	2116
(D)(4) of this section, a violation of division (B)(2), (3), or	2117
(4) of this section is a misdemeanor of the first degree. If the	2118
cumulative retail value of the property and services involved in	2119
one or more violations of division (B)(2), (3), or (4) of this	2120
section, which violations involve one or more credit card accounts	2121
and occur within a period of ninety consecutive days commencing on	2122
the date of the first violation, is ~~five hundred~~one thousand	2123
dollars or more and is less than ~~five~~seven thousand five hundred	2124
dollars, misuse of credit cards in violation of any of those	2125
divisions is a felony of the fifth degree. If the cumulative	2126
retail value of the property and services involved in one or more	2127
violations of division (B)(2), (3), or (4) of this section, which	2128
violations involve one or more credit card accounts and occur	2129
within a period of ninety consecutive days commencing on the date	2130
of the first violation, is ~~five~~seven thousand five hundred	2131
dollars or more and is less than one hundred fifty thousand	2132
dollars, misuse of credit cards in violation of any of those	2133
divisions is a felony of the fourth degree. If the cumulative	2134
retail value of the property and services involved in one or more	2135
violations of division (B)(2), (3), or (4) of this section, which	2136
violations involve one or more credit card accounts and occur	2137
within a period of ninety consecutive days commencing on the date	2138
of the first violation, is one hundred fifty thousand dollars or	2139
more, misuse of credit cards in violation of any of those	2140
divisions is a felony of the third degree.	2141

(4) If the victim of the offense is an elderly person or	2142
disabled adult, and if the offense involves a violation of	2143
division (B)(1) or (2) of this section, division (D)(4) of this	2144
section applies. Except as otherwise provided in division (D)(4)	2145
of this section, a violation of division (B)(1) or (2) of this	2146
section is a felony of the fifth degree. If the debt for which the	2147
card is held as security or the cumulative retail value of the	2148
property or services involved in the violation is ~~five hundred~~	2149
one thousand dollars or more and is less than ~~five~~seven thousand	2150
five hundred dollars, a violation of either of those divisions is	2151
a felony of the fourth degree. If the debt for which the card is	2152
held as security or the cumulative retail value of the property or	2153
services involved in the violation is ~~five~~seven thousand five	2154
hundred dollars or more and is less than ~~twenty-five~~thirty-seven	2155
thousand five hundred dollars, a violation of either of those	2156
divisions is a felony of the third degree. If the debt for which	2157
the card is held as security or the cumulative retail value of the	2158
property or services involved in the violation is ~~twenty-five~~	2159
thirty-seven thousand five hundred dollars or more, a violation of	2160
either of those divisions is a felony of the second degree.	2161

Sec. 2913.31. (A) No person, with purpose to defraud, or	2162
knowing that the person is facilitating a fraud, shall do any of	2163
the following:	2164

(1) Forge any writing of another without the other person's	2165
authority;	2166

(2) Forge any writing so that it purports to be genuine when	2167
it actually is spurious, or to be the act of another who did not	2168
authorize that act, or to have been executed at a time or place or	2169
with terms different from what in fact was the case, or to be a	2170
copy of an original when no such original existed;	2171

(3) Utter, or possess with purpose to utter, any writing that	2172
the person knows to have been forged.	2173

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

2174

(1) Forge an identification card;

2175

(2) Sell or otherwise distribute a card that purports to be	2176
an identification card, knowing it to have been forged.	2177

As used in this division, "identification card" means a card	2178
that includes personal information or characteristics of an	2179
individual, a purpose of which is to establish the identity of the	2180
bearer described on the card, whether the words "identity,"	2181
"identification," "identification card," or other similar words	2182
appear on the card.	2183

(C)(1)(a) Whoever violates division (A) of this section is	2184
guilty of forgery.	2185

(b) Except as otherwise provided in this division or division	2186
(C)(1)(c) of this section, forgery is a felony of the fifth	2187
degree. If property or services are involved in the offense or the	2188
victim suffers a loss, forgery is one of the following:	2189

(i) If the value of the property or services or the loss to	2190
the victim is ~~five~~seven thousand five hundred dollars or more and	2191
is less than one hundred fifty thousand dollars, a felony of the	2192
fourth degree;	2193

(ii) If the value of the property or services or the loss to	2194
the victim is one hundred fifty thousand dollars or more, a felony	2195
of the third degree.	2196

(c) If the victim of the offense is an elderly person or	2197
disabled adult, division (C)(1)(c) of this section applies to the	2198
forgery. Except as otherwise provided in division (C)(1)(c) of	2199
this section, forgery is a felony of the fifth degree. If property	2200
or services are involved in the offense or if the victim suffers a	2201
loss, forgery is one of the following:	2202

(i) If the value of the property or services or the loss to	2203
the victim is ~~five hundred~~one thousand dollars or more and is	2204
less than ~~five~~seven thousand five hundred dollars, a felony of	2205
the fourth degree;	2206

(ii) If the value of the property or services or the loss to	2207
the victim is ~~five~~seven thousand five hundred dollars or more and	2208
is less than ~~twenty-five~~thirty-seven thousand five hundred	2209
dollars, a felony of the third degree;	2210

(iii) If the value of the property or services or the loss to	2211
the victim is ~~twenty-five~~thirty-seven thousand five hundred	2212
dollars or more, a felony of the second degree.	2213

(2) Whoever violates division (B) of this section is guilty	2214
of forging identification cards or selling or distributing forged	2215
identification cards. Except as otherwise provided in this	2216
division, forging identification cards or selling or distributing	2217
forged identification cards is a misdemeanor of the first degree.	2218
If the offender previously has been convicted of a violation of	2219
division (B) of this section, forging identification cards or	2220
selling or distributing forged identification cards is a	2221
misdemeanor of the first degree and, in addition, the court shall	2222
impose upon the offender a fine of not less than two hundred fifty	2223
dollars.	2224

Sec. 2913.32. (A) No person, with purpose to defraud, or	2225
knowing that the person is facilitating a fraud, shall do any of	2226
the following:	2227

(1) Make or alter any object so that it appears to have value	2228
because of antiquity, rarity, curiosity, source, or authorship,	2229
which it does not in fact possess;	2230

(2) Practice deception in making, retouching, editing, or	2231
reproducing any photograph, movie film, video tape, phonograph	2232
record, or recording tape;	2233

(3) Falsely or fraudulently make, simulate, forge, alter, or	2234
counterfeit any wrapper, label, stamp, cork, or cap prescribed by	2235
the liquor control commission under Chapters 4301. and 4303. of	2236
the Revised Code, falsely or fraudulently cause to be made,	2237
simulated, forged, altered, or counterfeited any wrapper, label,	2238
stamp, cork, or cap prescribed by the liquor control commission	2239
under Chapters 4301. and 4303. of the Revised Code, or use more	2240
than once any wrapper, label, stamp, cork, or cap prescribed by	2241
the liquor control commission under Chapters 4301. and 4303. of	2242
the Revised Code.	2243

(4) Utter, or possess with purpose to utter, any object that	2244
the person knows to have been simulated as provided in division	2245
(A)(1), (2), or (3) of this section.	2246

(B) Whoever violates this section is guilty of criminal	2247
simulation. Except as otherwise provided in this division,	2248
criminal simulation is a misdemeanor of the first degree. If the	2249
loss to the victim is ~~five hundred~~one thousand dollars or more	2250
and is less than ~~five~~seven thousand five hundred dollars,	2251
criminal simulation is a felony of the fifth degree. If the loss	2252
to the victim is ~~five~~seven thousand five hundred dollars or more	2253
and is less than one hundred fifty thousand dollars, criminal	2254
simulation is a felony of the fourth degree. If the loss to the	2255
victim is one hundred fifty thousand dollars or more, criminal	2256
simulation is a felony of the third degree.	2257

Sec. 2913.34. (A) No person shall knowingly do any of the	2258
following:	2259

(1) Attach, affix, or otherwise use a counterfeit mark in	2260
connection with the manufacture of goods or services, whether or	2261
not the goods or services are intended for sale or resale;	2262

(2) Possess, sell, or offer for sale tools, machines,	2263
instruments, materials, articles, or other items of personal	2264
property with the knowledge that they are designed for the	2265
production or reproduction of counterfeit marks;	2266

(3) Purchase or otherwise acquire goods, and keep or	2267
otherwise have the goods in the person's possession, with the	2268
knowledge that a counterfeit mark is attached to, affixed to, or	2269
otherwise used in connection with the goods and with the intent to	2270
sell or otherwise dispose of the goods;	2271

(4) Sell, offer for sale, or otherwise dispose of goods with	2272
the knowledge that a counterfeit mark is attached to, affixed to,	2273
or otherwise used in connection with the goods;	2274

(5) Sell, offer for sale, or otherwise provide services with	2275
the knowledge that a counterfeit mark is used in connection with	2276
that sale, offer for sale, or other provision of the services.	2277

(B)(1) Whoever violates this section is guilty of trademark	2278
counterfeiting.	2279

(2) Except as otherwise provided in this division, a	2280
violation of division (A)(1) of this section is a felony of the	2281
fifth degree. Except as otherwise provided in this division, if	2282
the cumulative sales price of the goods or services to which or in	2283
connection with which the counterfeit mark is attached, affixed,	2284
or otherwise used in the offense is five thousand dollars or more	2285
but less than one hundred thousand dollars or if the number of	2286
units of goods to which or in connection with which the	2287
counterfeit mark is attached, affixed, or otherwise used in the	2288
offense is more than one hundred units but less than one thousand	2289
units, a violation of division (A)(1) of this section is a felony	2290
of the fourth degree. If the cumulative sales price of the goods	2291
or services to which or in connection with which the counterfeit	2292
mark is attached, affixed, or otherwise used in the offense is one	2293
hundred thousand dollars or more or if the number of units of	2294
goods to which or in connection with which the counterfeit mark is	2295
attached, affixed, or otherwise used in the offense is one	2296
thousand units or more, a violation of division (A)(1) of this	2297
section is a felony of the third degree.	2298

(3) Except as otherwise provided in this division, a	2299
violation of division (A)(2) of this section is a misdemeanor of	2300
the first degree. If the circumstances of the violation indicate	2301
that the tools, machines, instruments, materials, articles, or	2302
other items of personal property involved in the violation were	2303
intended for use in the commission of a felony, a violation of	2304
division (A)(2) of this section is a felony of the fifth degree.	2305

(4) Except as otherwise provided in this division, a	2306
violation of division (A)(3), (4), or (5) of this section is a	2307
misdemeanor of the first degree. Except as otherwise provided in	2308
this division, if the cumulative sales price of the goods or	2309
services to which or in connection with which the counterfeit mark	2310
is attached, affixed, or otherwise used in the offense is ~~five~~	2311
~~hundred~~one thousand dollars or more but less than ~~five~~seven	2312
thousand five hundred dollars, a violation of division (A)(3),	2313
(4), or (5) of this section is a felony of the fifth degree.	2314
Except as otherwise provided in this division, if the cumulative	2315
sales price of the goods or services to which or in connection	2316
with which the counterfeit mark is attached, affixed, or otherwise	2317
used in the offense is ~~five~~seven thousand five hundred dollars	2318
or more but less than one hundred fifty thousand dollars or if the	2319
number of units of goods to which or in connection with which the	2320
counterfeit mark is attached, affixed, or otherwise used in the	2321
offense is more than one hundred units but less than one thousand	2322
units, a violation of division (A)(3), (4), or (5) of this section	2323
is a felony of the fourth degree. If the cumulative sales price of	2324
the goods or services to which or in connection with which the	2325
counterfeit mark is attached, affixed, or otherwise used in the	2326
offense is one hundred fifty thousand dollars or more or if the	2327
number of units of goods to which or in connection with which the	2328
counterfeit mark is attached, affixed, or otherwise used in the	2329
offense is one thousand units or more, a violation of division	2330
(A)(3), (4), or (5) of this section is a felony of the third	2331
degree.	2332

(C) A defendant may assert as an affirmative defense to a	2333
charge of a violation of this section defenses, affirmative	2334
defenses, and limitations on remedies that would be available in a	2335
civil, criminal, or administrative action or proceeding under the	2336
"Lanham Act," 60 Stat. 427-443 (1946), 15 U.S.C. 1051-1127, as	2337
amended, "The Trademark Counterfeiting Act of 1984," 98 Stat.	2338
2178, 18 U.S.C. 2320, as amended, Chapter 1329. or another section	2339
of the Revised Code, or common law.	2340

(D)(1) Law enforcement officers may seize pursuant to	2341
Criminal Rule 41 or Chapter 2933. or 2981. of the Revised Code	2342
either of the following:	2343

(a) Goods to which or in connection with which a person	2344
attached, affixed, otherwise used, or intended to attach, affix,	2345
or otherwise use a counterfeit mark in violation of this section;	2346

(b) Tools, machines, instruments, materials, articles,	2347
vehicles, or other items of personal property that are possessed,	2348
sold, offered for sale, or used in a violation of this section or	2349
in an attempt to commit or complicity in the commission of a	2350
violation of this section.	2351

(2) Notwithstanding any contrary provision of Chapter 2981.	2352
of the Revised Code, if a person is convicted of or pleads guilty	2353
to a violation of this section, an attempt to violate this	2354
section, or complicity in a violation of this section, the court	2355
involved shall declare that the goods described in division	2356
(D)(1)(a) of this section and the personal property described in	2357
division (D)(1)(b) of this section are contraband and are	2358
forfeited. Prior to the court's entry of judgment under Criminal	2359
Rule 32, the owner of a registered trademark or service mark that	2360
is the subject of the counterfeit mark may recommend a manner in	2361
which the forfeited goods and forfeited personal property should	2362
be disposed of. If that owner makes a timely recommendation of a	2363
manner of disposition, the court is not bound by the	2364
recommendation. If that owner makes a timely recommendation of a	2365
manner of disposition, the court may include in its entry of	2366
judgment an order that requires appropriate persons to dispose of	2367
the forfeited goods and forfeited personal property in the	2368
recommended manner. If that owner fails to make a timely	2369
recommendation of a manner of disposition or if that owner makes a	2370
timely recommendation of the manner of disposition but the court	2371
determines to not follow the recommendation, the court shall	2372
include in its entry of judgment an order that requires the law	2373
enforcement agency that employs the law enforcement officer who	2374
seized the forfeited goods or the forfeited personal property to	2375
destroy them or cause their destruction.	2376

(E) This section does not affect the rights of an owner of a	2377
trademark or a service mark, or the enforcement in a civil action	2378
or in administrative proceedings of the rights of an owner of a	2379
trademark or a service mark, under the "Lanham Act," 60 Stat.	2380
427-443 (1946), 15 U.S.C. 1051-1127, as amended, "The Trademark	2381
Counterfeiting Act of 1984," 92 Stat. 2178, 18 U.S.C. 2320, as	2382
amended, Chapter 1329. or another section of the Revised Code, or	2383
common law.	2384

(F) As used in this section:

2385

(1)(a) Except as provided in division (F)(1)(b) of this	2386
section, "counterfeit mark" means a spurious trademark or a	2387
spurious service mark that satisfies both of the following:	2388

(i) It is identical with or substantially indistinguishable	2389
from a mark that is registered on the principal register in the	2390
United States patent and trademark office for the same goods or	2391
services as the goods or services to which or in connection with	2392
which the spurious trademark or spurious service mark is attached,	2393
affixed, or otherwise used or from a mark that is registered with	2394
the secretary of state pursuant to sections 1329.54 to 1329.67 of	2395
the Revised Code for the same goods or services as the goods or	2396
services to which or in connection with which the spurious	2397
trademark or spurious service mark is attached, affixed, or	2398
otherwise used, and the owner of the registration uses the	2399
registered mark, whether or not the offender knows that the mark	2400
is registered in a manner described in division (F)(1)(a)(i) of	2401
this section.	2402

(ii) Its use is likely to cause confusion or mistake or to	2403
deceive other persons.	2404

(b) "Counterfeit mark" does not include a mark or other	2405
designation that is attached to, affixed to, or otherwise used in	2406
connection with goods or services if the holder of the right to	2407
use the mark or other designation authorizes the manufacturer,	2408
producer, or vendor of those goods or services to attach, affix,	2409
or otherwise use the mark or other designation in connection with	2410
those goods or services at the time of their manufacture,	2411
production, or sale.	2412

(2) "Cumulative sales price" means the product of the lowest	2413
single unit sales price charged or sought to be charged by an	2414
offender for goods to which or in connection with which a	2415
counterfeit mark is attached, affixed, or otherwise used or of the	2416
lowest single service transaction price charged or sought to be	2417
charged by an offender for services in connection with which a	2418
counterfeit mark is used, multiplied by the total number of those	2419
goods or services, whether or not units of goods are sold or are	2420
in an offender's possession, custody, or control.	2421

(3) "Registered trademark or service mark" means a trademark	2422
or service mark that is registered in a manner described in	2423
division (F)(1) of this section.	2424

(4) "Trademark" and "service mark" have the same meanings as	2425
in section 1329.54 of the Revised Code.	2426

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

2427

(1) "Statement or representation" means any oral, written,	2428
electronic, electronic impulse, or magnetic communication that is	2429
used to identify an item of goods or a service for which	2430
reimbursement may be made under the medical assistance program or	2431
that states income and expense and is or may be used to determine	2432
a rate of reimbursement under the medical assistance program.	2433

(2) "Medical assistance program" means the program	2434
established by the department of job and family services to	2435
provide medical assistance under section 5111.01 of the Revised	2436
Code and the medicaid program of Title XIX of the "Social Security	2437
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	2438

(3) "Provider" means any person who has signed a provider	2439
agreement with the department of job and family services to	2440
provide goods or services pursuant to the medical assistance	2441
program or any person who has signed an agreement with a party to	2442
such a provider agreement under which the person agrees to provide	2443
goods or services that are reimbursable under the medical	2444
assistance program.	2445

(4) "Provider agreement" means an oral or written agreement	2446
between the department of job and family services and a person in	2447
which the person agrees to provide goods or services under the	2448
medical assistance program.	2449

(5) "Recipient" means any individual who receives goods or	2450
services from a provider under the medical assistance program.	2451

(6) "Records" means any medical, professional, financial, or	2452
business records relating to the treatment or care of any	2453
recipient, to goods or services provided to any recipient, or to	2454
rates paid for goods or services provided to any recipient and any	2455
records that are required by the rules of the director of job and	2456
family services to be kept for the medical assistance program.	2457

(B) No person shall knowingly make or cause to be made a	2458
false or misleading statement or representation for use in	2459
obtaining reimbursement from the medical assistance program.	2460

(C) No person, with purpose to commit fraud or knowing that	2461
the person is facilitating a fraud, shall do either of the	2462
following:	2463

(1) Contrary to the terms of the person's provider agreement,	2464
charge, solicit, accept, or receive for goods or services that the	2465
person provides under the medical assistance program any property,	2466
money, or other consideration in addition to the amount of	2467
reimbursement under the medical assistance program and the	2468
person's provider agreement for the goods or services and any	2469
cost-sharing expenses authorized by section 5111.0112 of the	2470
Revised Code or rules adopted pursuant to section 5111.01,	2471
5111.011, or 5111.02 of the Revised Code.	2472

(2) Solicit, offer, or receive any remuneration, other than	2473
any cost-sharing expenses authorized by section 5111.0112 of the	2474
Revised Code or rules adopted under section 5111.01, 5111.011, or	2475
5111.02 of the Revised Code, in cash or in kind, including, but	2476
not limited to, a kickback or rebate, in connection with the	2477
furnishing of goods or services for which whole or partial	2478
reimbursement is or may be made under the medical assistance	2479
program.	2480

(D) No person, having submitted a claim for or provided goods	2481
or services under the medical assistance program, shall do either	2482
of the following for a period of at least six years after a	2483
reimbursement pursuant to that claim, or a reimbursement for those	2484
goods or services, is received under the medical assistance	2485
program:	2486

(1) Knowingly alter, falsify, destroy, conceal, or remove any	2487
records that are necessary to fully disclose the nature of all	2488
goods or services for which the claim was submitted, or for which	2489
reimbursement was received, by the person;	2490

(2) Knowingly alter, falsify, destroy, conceal, or remove any	2491
records that are necessary to disclose fully all income and	2492
expenditures upon which rates of reimbursements were based for the	2493
person.	2494

(E) Whoever violates this section is guilty of medicaid	2495
fraud. Except as otherwise provided in this division, medicaid	2496
fraud is a misdemeanor of the first degree. If the value of	2497
property, services, or funds obtained in violation of this section	2498
is ~~five hundred~~one thousand dollars or more and is less than ~~five~~	2499
seven thousand five hundred dollars, medicaid fraud is a felony of	2500
the fifth degree. If the value of property, services, or funds	2501
obtained in violation of this section is ~~five~~seven thousand five	2502
hundred dollars or more and is less than one hundred fifty	2503
thousand dollars, medicaid fraud is a felony of the fourth degree.	2504
If the value of the property, services, or funds obtained in	2505
violation of this section is one hundred fifty thousand dollars or	2506
more, medicaid fraud is a felony of the third degree.	2507

(F) Upon application of the governmental agency, office, or	2508
other entity that conducted the investigation and prosecution in a	2509
case under this section, the court shall order any person who is	2510
convicted of a violation of this section for receiving any	2511
reimbursement for furnishing goods or services under the medical	2512
assistance program to which the person is not entitled to pay to	2513
the applicant its cost of investigating and prosecuting the case.	2514
The costs of investigation and prosecution that a defendant is	2515
ordered to pay pursuant to this division shall be in addition to	2516
any other penalties for the receipt of that reimbursement that are	2517
provided in this section, section 5111.03 of the Revised Code, or	2518
any other provision of law.	2519

(G) The provisions of this section are not intended to be	2520
exclusive remedies and do not preclude the use of any other	2521
criminal or civil remedy for any act that is in violation of this	2522
section.	2523

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

2524

(1) "Medicaid benefits" means benefits under the medical	2525
assistance program established under Chapter 5111. of the Revised	2526
Code.	2527

(2) "Property" means any real or personal property or other	2528
asset in which a person has any legal title or interest.	2529

(B) No person shall knowingly do any of the following in an	2530
application for medicaid benefits or in a document that requires a	2531
disclosure of assets for the purpose of determining eligibility to	2532
receive medicaid benefits:	2533

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

2534

(2) Conceal an interest in property;

2535

(3)(a) Except as provided in division (B)(3)(b) of this	2536
section, fail to disclose a transfer of property that occurred	2537
during the period beginning thirty-six months before submission of	2538
the application or document and ending on the date the application	2539
or document was submitted;	2540

(b) Fail to disclose a transfer of property that occurred	2541
during the period beginning sixty months before submission of the	2542
application or document and ending on the date the application or	2543
document was submitted and that was made to an irrevocable trust a	2544
portion of which is not distributable to the applicant for	2545
medicaid benefits or the recipient of medicaid benefits or to a	2546
revocable trust.	2547

(C)(1) Whoever violates this section is guilty of medicaid	2548
eligibility fraud. Except as otherwise provided in this division,	2549
a violation of this section is a misdemeanor of the first degree.	2550
If the value of the medicaid benefits paid as a result of the	2551
violation is ~~five hundred~~one thousand dollars or more and is less	2552
than ~~five~~seven thousand five hundred dollars, a violation of	2553
this section is a felony of the fifth degree. If the value of the	2554
medicaid benefits paid as a result of the violation is ~~five~~seven	2555
thousand five hundred dollars or more and is less than one hundred	2556
fifty thousand dollars, a violation of this section is a felony of	2557
the fourth degree. If the value of the medicaid benefits paid as a	2558
result of the violation is one hundred fifty thousand dollars or	2559
more, a violation of this section is a felony of the third degree.	2560

(2) In addition to imposing a sentence under division (C)(1)	2561
of this section, the court shall order that a person who is guilty	2562
of medicaid eligibility fraud make restitution in the full amount	2563
of any medicaid benefits paid on behalf of an applicant for or	2564
recipient of medicaid benefits for which the applicant or	2565
recipient was not eligible, plus interest at the rate applicable	2566
to judgments on unreimbursed amounts from the date on which the	2567
benefits were paid to the date on which restitution is made.	2568

(3) The remedies and penalties provided in this section are	2569
not exclusive and do not preclude the use of any other criminal or	2570
civil remedy for any act that is in violation of this section.	2571

(D) This section does not apply to a person who fully	2572
disclosed in an application for medicaid benefits or in a document	2573
that requires a disclosure of assets for the purpose of	2574
determining eligibility to receive medicaid benefits all of the	2575
interests in property of the applicant for or recipient of	2576
medicaid benefits, all transfers of property by the applicant for	2577
or recipient of medicaid benefits, and the circumstances of all	2578
those transfers.	2579

(E) Any amounts of medicaid benefits recovered as restitution	2580
under this section and any interest on those amounts shall be	2581
credited to the general revenue fund, and any applicable federal	2582
share shall be returned to the appropriate agency or department of	2583
the United States.	2584

Sec. 2913.42. (A) No person, knowing the person has no	2585
privilege to do so, and with purpose to defraud or knowing that	2586
the person is facilitating a fraud, shall do any of the following:	2587

(1) Falsify, destroy, remove, conceal, alter, deface, or	2588
mutilate any writing, computer software, data, or record;	2589

(2) Utter any writing or record, knowing it to have been	2590
tampered with as provided in division (A)(1) of this section.	2591

(B)(1) Whoever violates this section is guilty of tampering	2592
with records.	2593

(2) Except as provided in division (B)(4) of this section, if	2594
the offense does not involve data or computer software, tampering	2595
with records is whichever of the following is applicable:	2596

(a) If division (B)(2)(b) of this section does not apply, a	2597
misdemeanor of the first degree;	2598

(b) If the writing or record is a will unrevoked at the time	2599
of the offense, a felony of the fifth degree.	2600

(3) Except as provided in division (B)(4) of this section, if	2601
the offense involves a violation of division (A) of this section	2602
involving data or computer software, tampering with records is	2603
whichever of the following is applicable:	2604

(a) Except as otherwise provided in division (B)(3)(b), (c),	2605
or (d) of this section, a misdemeanor of the first degree;	2606

(b) If the value of the data or computer software involved in	2607
the offense or the loss to the victim is ~~five hundred~~one thousand	2608
dollars or more and is less than ~~five~~seven thousand five hundred	2609
dollars, a felony of the fifth degree;	2610

(c) If the value of the data or computer software involved in	2611
the offense or the loss to the victim is ~~five~~seven thousand five	2612
hundred dollars or more and is less than one hundred fifty	2613
thousand dollars, a felony of the fourth degree;	2614

(d) If the value of the data or computer software involved in	2615
the offense or the loss to the victim is one hundred fifty	2616
thousand dollars or more or if the offense is committed for the	2617
purpose of devising or executing a scheme to defraud or to obtain	2618
property or services and the value of the property or services or	2619
the loss to the victim is ~~five~~seven thousand five hundred dollars	2620
or more, a felony of the third degree.	2621

(4) If the writing, data, computer software, or record is	2622
kept by or belongs to a local, state, or federal governmental	2623
entity, a felony of the third degree.	2624

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

2625

(1) "Computer," "computer network," and "computer system"	2626
have the same meanings as in section 2913.01 of the Revised Code.	2627

(2) "Commercial electronic mail message" means any electronic	2628
mail message the primary purpose of which is the commercial	2629
advertisement or promotion of a commercial product or service,	2630
including content on an internet web site operated for a	2631
commercial purpose, but does not include a transactional or	2632
relationship message. The inclusion of a reference to a commercial	2633
entity or a link to the web site of a commercial entity does not,	2634
by itself, cause that message to be treated as a commercial	2635
electronic mail message for the purpose of this section, if the	2636
contents or circumstances of the message indicate a primary	2637
purpose other than commercial advertisement or promotion of a	2638
commercial product or service.	2639

(3) "Domain name" means any alphanumeric designation that is	2640
registered with or assigned by any domain name registrar, domain	2641
name registry, or other domain name registration authority as part	2642
of an electronic address on the internet.	2643

(4) "Electronic mail," "originating address," and "receiving	2644
address" have the same meanings as in section 2307.64 of the	2645
Revised Code.	2646

(5) "Electronic mail message" means each electronic mail	2647
addressed to a discrete addressee.	2648

(6) "Electronic mail service provider" means any person,	2649
including an internet service provider, that is an intermediary in	2650
sending and receiving electronic mail and that provides to the	2651
public electronic mail accounts or online user accounts from which	2652
electronic mail may be sent.	2653

(7) "Header information" means the source, destination, and	2654
routing information attached to an electronic mail message,	2655
including the originating domain name, the originating address,	2656
and technical information that authenticates the sender of an	2657
electronic mail message for computer network security or computer	2658
network management purposes.	2659

(8) "Initiate the transmission" or "initiated" means to	2660
originate or transmit a commercial electronic mail message or to	2661
procure the origination or transmission of that message,	2662
regardless of whether the message reaches its intended recipients,	2663
but does not include actions that constitute routine conveyance of	2664
such message.	2665

(9) "Internet" has the same meaning as in section 341.42 of	2666
the Revised Code.	2667

(10) "Internet protocol address" means the string of numbers	2668
by which locations on the internet are identified by routers or	2669
other computers connected to the internet.	2670

(11) "Materially falsify" means to alter or conceal in a	2671
manner that would impair the ability of a recipient of an	2672
electronic mail message, an electronic mail service provider	2673
processing an electronic mail message on behalf of a recipient, a	2674
person alleging a violation of this section, or a law enforcement	2675
agency to identify, locate, or respond to the person that	2676
initiated the electronic mail message or to investigate an alleged	2677
violation of this section.	2678

(12) "Multiple" means more than ten commercial electronic	2679
mail messages during a twenty-four-hour period, more than one	2680
hundred commercial electronic mail messages during a thirty-day	2681
period, or more than one thousand commercial electronic mail	2682
messages during a one-year period.	2683

(13) "Recipient" means a person who receives a commercial	2684
electronic mail message at any one of the following receiving	2685
addresses:	2686

(a) A receiving address furnished by an electronic mail	2687
service provider that bills for furnishing and maintaining that	2688
receiving address to a mailing address within this state;	2689

(b) A receiving address ordinarily accessed from a computer	2690
located within this state or by a person domiciled within this	2691
state;	2692

(c) Any other receiving address with respect to which this	2693
section can be imposed consistent with the United States	2694
Constitution.	2695

(14) "Routine conveyance" means the transmission, routing,	2696
relaying, handling, or storing, through an automated technical	2697
process, of an electronic mail message for which another person	2698
has identified the recipients or provided the recipient addresses.	2699

(15) "Transactional or relationship message" means an	2700
electronic mail message the primary purpose of which is to do any	2701
of the following:	2702

(a) Facilitate, complete, or confirm a commercial transaction	2703
that the recipient has previously agreed to enter into with the	2704
sender;	2705

(b) Provide warranty information, product recall information,	2706
or safety or security information with respect to a commercial	2707
product or service used or purchased by the recipient;	2708

(c) Provide notification concerning a change in the terms or	2709
features of; a change in the recipient's standing or status with	2710
respect to; or, at regular periodic intervals, account balance	2711
information or other type of account statement with respect to, a	2712
subscription, membership, account, loan, or comparable ongoing	2713
commercial relationship involving the ongoing purchase or use by	2714
the recipient of products or services offered by the sender;	2715

(d) Provide information directly related to an employment	2716
relationship or related benefit plan in which the recipient is	2717
currently involved, participating, or enrolled;	2718

(e) Deliver goods or services, including product updates or	2719
upgrades, that the recipient is entitled to receive under the	2720
terms of a transaction that the recipient has previously agreed to	2721
enter into with the sender.	2722

(B) No person, with regard to commercial electronic mail	2723
messages sent from or to a computer in this state, shall do any of	2724
the following:	2725

(1) Knowingly use a computer to relay or retransmit multiple	2726
commercial electronic mail messages, with the intent to deceive or	2727
mislead recipients or any electronic mail service provider, as to	2728
the origin of those messages;	2729

(2) Knowingly and materially falsify header information in	2730
multiple commercial electronic mail messages and purposely	2731
initiate the transmission of those messages;	2732

(3) Knowingly register, using information that materially	2733
falsifies the identity of the actual registrant, for five or more	2734
electronic mail accounts or online user accounts or two or more	2735
domain names and purposely initiate the transmission of multiple	2736
commercial electronic mail messages from one, or any combination,	2737
of those accounts or domain names;	2738

(4) Knowingly falsely represent the right to use five or more	2739
internet protocol addresses, and purposely initiate the	2740
transmission of multiple commercial electronic mail messages from	2741
those addresses.	2742

(C)(1) Whoever violates division (B) of this section is	2743
guilty of illegally transmitting multiple commercial electronic	2744
mail messages. Except as otherwise provided in division (C)(2) or	2745
(E) of this section, illegally transmitting multiple commercial	2746
electronic mail messages is a felony of the fifth degree.	2747

(2) Illegally transmitting multiple commercial electronic	2748
mail messages is a felony of the fourth degree if any of the	2749
following apply:	2750

(a) Regarding a violation of division (B)(3) of this section,	2751
the offender, using information that materially falsifies the	2752
identity of the actual registrant, knowingly registers for twenty	2753
or more electronic mail accounts or online user accounts or ten or	2754
more domain names, and purposely initiates, or conspires to	2755
initiate, the transmission of multiple commercial electronic mail	2756
messages from the accounts or domain names.	2757

(b) Regarding any violation of division (B) of this section,	2758
the volume of commercial electronic mail messages the offender	2759
transmitted in committing the violation exceeds two hundred and	2760
fifty during any twenty-four-hour period, two thousand five	2761
hundred during any thirty-day period, or twenty-five thousand	2762
during any one-year period.	2763

(c) Regarding any violation of division (B) of this section,	2764
during any one-year period the aggregate loss to the victim or	2765
victims of the violation is ~~five hundred~~one thousand dollars or	2766
more, or during any one-year period the aggregate value of the	2767
property or services obtained by any offender as a result of the	2768
violation is ~~five hundred~~one thousand dollars or more.	2769

(d) Regarding any violation of division (B) of this section,	2770
the offender committed the violation with three or more other	2771
persons with respect to whom the offender was the organizer or	2772
leader of the activity that resulted in the violation.	2773

(e) Regarding any violation of division (B) of this section,	2774
the offender knowingly assisted in the violation through the	2775
provision or selection of electronic mail addresses to which the	2776
commercial electronic mail message was transmitted, if that	2777
offender knew that the electronic mail addresses of the recipients	2778
were obtained using an automated means from an internet web site	2779
or proprietary online service operated by another person, and that	2780
web site or online service included, at the time the electronic	2781
mail addresses were obtained, a notice stating that the operator	2782
of that web site or online service will not transfer addresses	2783
maintained by that web site or online service to any other party	2784
for the purposes of initiating the transmission of, or enabling	2785
others to initiate the transmission of, electronic mail messages.	2786

(f) Regarding any violation of division (B) of this section,	2787
the offender knowingly assisted in the violation through the	2788
provision or selection of electronic mail addresses of the	2789
recipients obtained using an automated means that generates	2790
possible electronic mail addresses by combining names, letters, or	2791
numbers into numerous permutations.	2792

(D)(1) No person, with regard to commercial electronic mail	2793
messages sent from or to a computer in this state, shall knowingly	2794
access a computer without authorization and purposely initiate the	2795
transmission of multiple commercial electronic mail messages from	2796
or through the computer.	2797

(2) Except as otherwise provided in division (E) of this	2798
section, whoever violates division (D)(1) of this section is	2799
guilty of unauthorized access of a computer, a felony of the	2800
fourth degree.	2801

(E) Illegally transmitting multiple commercial electronic	2802
mail messages and unauthorized access of a computer in violation	2803
of this section are felonies of the third degree if the offender	2804
previously has been convicted of a violation of this section, or a	2805
violation of a law of another state or the United States regarding	2806
the transmission of electronic mail messages or unauthorized	2807
access to a computer, or if the offender committed the violation	2808
of this section in the furtherance of a felony.	2809

(F)(1) The attorney general or an electronic mail service	2810
provider that is injured by a violation of this section may bring	2811
a civil action in an appropriate court of common pleas of this	2812
state seeking relief from any person whose conduct violated this	2813
section. The civil action may be commenced at any time within one	2814
year of the date after the act that is the basis of the civil	2815
action.	2816

(2) In a civil action brought by the attorney general	2817
pursuant to division (F)(1) of this section for a violation of	2818
this section, the court may award temporary, preliminary, or	2819
permanent injunctive relief. The court also may impose a civil	2820
penalty against the offender, as the court considers just, in an	2821
amount that is the lesser of: (a) twenty-five thousand dollars for	2822
each day a violation occurs, or (b) not less than two dollars but	2823
not more than eight dollars for each commercial electronic mail	2824
message initiated in violation of this section.	2825

(3) In a civil action brought by an electronic mail service	2826
provider pursuant to division (F)(1) of this section for a	2827
violation of this section, the court may award temporary,	2828
preliminary, or permanent injunctive relief, and also may award	2829
damages in an amount equal to the greater of the following:	2830

(a) The sum of the actual damages incurred by the electronic	2831
mail service provider as a result of a violation of this section,	2832
plus any receipts of the offender that are attributable to a	2833
violation of this section and that were not taken into account in	2834
computing actual damages;	2835

(b) Statutory damages, as the court considers just, in an	2836
amount that is the lesser of: (i) twenty-five thousand dollars for	2837
each day a violation occurs, or (ii) not less than two dollars but	2838
not more than eight dollars for each commercial electronic mail	2839
message initiated in violation of this section.	2840

(4) In assessing damages awarded under division (F)(3) of	2841
this section, the court may consider whether the offender has	2842
established and implemented, with due care, commercially	2843
reasonable practices and procedures designed to effectively	2844
prevent the violation, or the violation occurred despite	2845
commercially reasonable efforts to maintain the practices and	2846
procedures established.	2847

(G) Any equipment, software, or other technology of a person	2848
who violates this section that is used or intended to be used in	2849
the commission of a violation of this section, and any real or	2850
personal property that constitutes or is traceable to the gross	2851
proceeds obtained from the commission of a violation of this	2852
section, is contraband and is subject to seizure and forfeiture	2853
pursuant to Chapter 2981. of the Revised Code.	2854

(H) The attorney general may bring a civil action, pursuant	2855
to the "CAN-SPAM Act of 2003," Pub. L. No. 108-187, 117 Stat.	2856
2699, 15 U.S.C. 7701 et seq., on behalf of the residents of the	2857
state in a district court of the United States that has	2858
jurisdiction for a violation of the CAN-SPAM Act of 2003, but the	2859
attorney general shall not bring a civil action under both this	2860
division and division (F) of this section. If a federal court	2861
dismisses a civil action brought under this division for reasons	2862
other than upon the merits, a civil action may be brought under	2863
division (F) of this section in the appropriate court of common	2864
pleas of this state.	2865

(I) Nothing in this section shall be construed:

2866

(1) To require an electronic mail service provider to block,	2867
transmit, route, relay, handle, or store certain types of	2868
electronic mail messages;	2869

(2) To prevent or limit, in any way, an electronic mail	2870
service provider from adopting a policy regarding electronic mail,	2871
including a policy of declining to transmit certain types of	2872
electronic mail messages, or from enforcing such policy through	2873
technical means, through contract, or pursuant to any remedy	2874
available under any other federal, state, or local criminal or	2875
civil law;	2876

(3) To render lawful any policy adopted under division (I)(2)	2877
of this section that is unlawful under any other law.	2878

Sec. 2913.43. (A) No person, by deception, shall cause	2879
another to execute any writing that disposes of or encumbers	2880
property, or by which a pecuniary obligation is incurred.	2881

(B)(1) Whoever violates this section is guilty of securing	2882
writings by deception.	2883

(2) Except as otherwise provided in this division or division	2884
(B)(3) of this section, securing writings by deception is a	2885
misdemeanor of the first degree. If the value of the property or	2886
the obligation involved is ~~five hundred~~one thousand dollars or	2887
more and less than ~~five~~seven thousand five hundred dollars,	2888
securing writings by deception is a felony of the fifth degree. If	2889
the value of the property or the obligation involved is ~~five~~	2890
seven thousand five hundred dollars or more and is less than one	2891
hundred fifty thousand dollars, securing writings by deception is	2892
a felony of the fourth degree. If the value of the property or the	2893
obligation involved is one hundred fifty thousand dollars or	2894
more, securing writings by deception is a felony of the third	2895
degree.	2896

(3) If the victim of the offense is an elderly person or	2897
disabled adult, division (B)(3) of this section applies. Except as	2898
otherwise provided in division (B)(3) of this section, securing	2899
writings by deception is a felony of the fifth degree. If the	2900
value of the property or obligation involved is ~~five hundred~~one	2901
thousand dollars or more and is less than ~~five~~seven thousand	2902
five hundred dollars, securing writings by deception is a felony	2903
of the fourth degree. If the value of the property or obligation	2904
involved is ~~five~~seven thousand five hundred dollars or more and	2905
is less than ~~twenty-five~~thirty-seven thousand five hundred	2906
dollars, securing writings by deception is a felony of the third	2907
degree. If the value of the property or obligation involved is	2908
~~twenty-five~~thirty-seven thousand five hundred dollars or more,	2909
securing writings by deception is a felony of the second degree.	2910

Sec. 2913.45. (A) No person, with purpose to defraud one or	2911
more of the person's creditors, shall do any of the following:	2912

(1) Remove, conceal, destroy, encumber, convey, or otherwise	2913
deal with any of the person's property;	2914

(2) Misrepresent or refuse to disclose to a fiduciary	2915
appointed to administer or manage the person's affairs or estate,	2916
the existence, amount, or location of any of the person's	2917
property, or any other information regarding such property that	2918
the person is legally required to furnish to the fiduciary.	2919

(B) Whoever violates this section is guilty of defrauding	2920
creditors. Except as otherwise provided in this division,	2921
defrauding creditors is a misdemeanor of the first degree. If the	2922
value of the property involved is ~~five hundred~~one thousand	2923
dollars or more and is less than ~~five~~seven thousand five hundred	2924
dollars, defrauding creditors is a felony of the fifth degree. If	2925
the value of the property involved is ~~five~~seven thousand five	2926
hundred dollars or more and is less than one hundred fifty	2927
thousand dollars, defrauding creditors is a felony of the fourth	2928
degree. If the value of the property involved is one hundred	2929
fifty thousand dollars or more, defrauding creditors is a felony	2930
of the third degree.	2931

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

2932

(a) "Electronically transferred benefit" means the transfer	2933
of supplemental nutrition assistance program benefits or WIC	2934
program benefits through the use of an access device.	2935

(b) "WIC program benefits" includes money, coupons, delivery	2936
verification receipts, other documents, food, or other property	2937
received directly or indirectly pursuant to section 17 of the	2938
"Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as	2939
amended.	2940

(c) "Access device" means any card, plate, code, account	2941
number, or other means of access that can be used, alone or in	2942
conjunction with another access device, to obtain payments,	2943
allotments, benefits, money, goods, or other things of value or	2944
that can be used to initiate a transfer of funds pursuant to	2945
section 5101.33 of the Revised Code and the Food and Nutrition Act	2946
of 2008 (7 U.S.C. 2011 et seq.), or any supplemental food program	2947
administered by any department of this state or any county or	2948
local agency pursuant to section 17 of the "Child Nutrition Act of	2949
1966," 80 Stat. 885, 42 U.S.C.A. 1786, as amended. An "access	2950
device" may include any electronic debit card or other means	2951
authorized by section 5101.33 of the Revised Code.	2952

(d) "Aggregate value of supplemental nutrition assistance	2953
program benefits, WIC program benefits, and electronically	2954
transferred benefits involved in the violation" means the total	2955
face value of any supplemental nutrition assistance program	2956
benefits, plus the total face value of WIC program coupons or	2957
delivery verification receipts, plus the total value of other WIC	2958
program benefits, plus the total value of any electronically	2959
transferred benefit or other access device, involved in the	2960
violation.	2961

(e) "Total value of any electronically transferred benefit or	2962
other access device" means the total value of the payments,	2963
allotments, benefits, money, goods, or other things of value that	2964
may be obtained, or the total value of funds that may be	2965
transferred, by use of any electronically transferred benefit or	2966
other access device at the time of violation.	2967

(2) If supplemental nutrition assistance program benefits,	2968
WIC program benefits, or electronically transferred benefits or	2969
other access devices of various values are used, transferred,	2970
bought, acquired, altered, purchased, possessed, presented for	2971
redemption, or transported in violation of this section over a	2972
period of twelve months, the course of conduct may be charged as	2973
one offense and the values of supplemental nutrition assistance	2974
program benefits, WIC program benefits, or any electronically	2975
transferred benefits or other access devices may be aggregated in	2976
determining the degree of the offense.	2977

(B) No individual shall knowingly possess, buy, sell, use,	2978
alter, accept, or transfer supplemental nutrition assistance	2979
program benefits, WIC program benefits, or any electronically	2980
transferred benefit in any manner not authorized by the Food and	2981
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or section 17 of the	2982
"Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1786, as	2983
amended.	2984

(C) No organization, as defined in division (D) of section	2985
2901.23 of the Revised Code, shall do either of the following:	2986

(1) Knowingly allow an employee or agent to sell, transfer,	2987
or trade items or services, the purchase of which is prohibited by	2988
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq. or	2989
section 17 of the "Child Nutrition Act of 1966," 80 Stat. 885, 42	2990
U.S.C. 1786, as amended, in exchange for supplemental nutrition	2991
assistance program benefits, WIC program benefits, or any	2992
electronically transferred benefit;	2993

(2) Negligently allow an employee or agent to sell, transfer,	2994
or exchange supplemental nutrition assistance program benefits,	2995
WIC program benefits, or any electronically transferred benefit	2996
for anything of value.	2997

(D) Whoever violates this section is guilty of illegal use of	2998
supplemental nutrition assistance program benefits or WIC program	2999
benefits. Except as otherwise provided in this division, illegal	3000
use of supplemental nutrition assistance program benefits or WIC	3001
program benefits is a felony of the fifth degree. If the aggregate	3002
value of the supplemental nutrition assistance program benefits,	3003
WIC program benefits, and electronically transferred benefits	3004
involved in the violation is ~~five hundred~~one thousand dollars or	3005
more and is less than ~~five~~seven thousand five hundred dollars,	3006
illegal use of supplemental nutrition assistance program benefits	3007
or WIC program benefits is a felony of the fourth degree. If the	3008
aggregate value of the supplemental nutrition assistance program	3009
benefits, WIC program benefits, and electronically transferred	3010
benefits involved in the violation is ~~five~~seven thousand five	3011
hundred dollars or more and is less than one hundred fifty	3012
thousand dollars, illegal use of supplemental nutrition assistance	3013
program benefits or WIC program benefits is a felony of the third	3014
degree. If the aggregate value of the supplemental nutrition	3015
assistance program benefits, WIC program benefits, and	3016
electronically transferred benefits involved in the violation is	3017
one hundred fifty thousand dollars or more, illegal use of	3018
supplemental nutrition assistance program benefits or WIC program	3019
benefits is a felony of the second degree.	3020

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

3021

(1) "Data" has the same meaning as in section 2913.01 of the	3022
Revised Code and additionally includes any other representation of	3023
information, knowledge, facts, concepts, or instructions that are	3024
being or have been prepared in a formalized manner.	3025

(2) "Deceptive" means that a statement, in whole or in part,	3026
would cause another to be deceived because it contains a	3027
misleading representation, withholds information, prevents the	3028
acquisition of information, or by any other conduct, act, or	3029
omission creates, confirms, or perpetuates a false impression,	3030
including, but not limited to, a false impression as to law,	3031
value, state of mind, or other objective or subjective fact.	3032

(3) "Insurer" means any person that is authorized to engage	3033
in the business of insurance in this state under Title XXXIX of	3034
the Revised Code, the Ohio fair plan underwriting association	3035
created under section 3929.43 of the Revised Code, any health	3036
insuring corporation, and any legal entity that is self-insured	3037
and provides benefits to its employees or members.	3038

(4) "Policy" means a policy, certificate, contract, or plan	3039
that is issued by an insurer.	3040

(5) "Statement" includes, but is not limited to, any notice,	3041
letter, or memorandum; proof of loss; bill of lading; receipt for	3042
payment; invoice, account, or other financial statement; estimate	3043
of property damage; bill for services; diagnosis or prognosis;	3044
prescription; hospital, medical, or dental chart or other record;	3045
x-ray, photograph, videotape, or movie film; test result; other	3046
evidence of loss, injury, or expense; computer-generated document;	3047
and data in any form.	3048

(B) No person, with purpose to defraud or knowing that the	3049
person is facilitating a fraud, shall do either of the following:	3050

(1) Present to, or cause to be presented to, an insurer any	3051
written or oral statement that is part of, or in support of, an	3052
application for insurance, a claim for payment pursuant to a	3053
policy, or a claim for any other benefit pursuant to a policy,	3054
knowing that the statement, or any part of the statement, is false	3055
or deceptive;	3056

(2) Assist, aid, abet, solicit, procure, or conspire with	3057
another to prepare or make any written or oral statement that is	3058
intended to be presented to an insurer as part of, or in support	3059
of, an application for insurance, a claim for payment pursuant to	3060
a policy, or a claim for any other benefit pursuant to a policy,	3061
knowing that the statement, or any part of the statement, is false	3062
or deceptive.	3063

(C) Whoever violates this section is guilty of insurance	3064
fraud. Except as otherwise provided in this division, insurance	3065
fraud is a misdemeanor of the first degree. If the amount of the	3066
claim that is false or deceptive is ~~five hundred~~one thousand	3067
dollars or more and is less than ~~five~~seven thousand five hundred	3068
dollars, insurance fraud is a felony of the fifth degree. If the	3069
amount of the claim that is false or deceptive is ~~five~~seven	3070
thousand five hundred dollars or more and is less than one hundred	3071
fifty thousand dollars, insurance fraud is a felony of the fourth	3072
degree. If the amount of the claim that is false or deceptive is	3073
one hundred fifty thousand dollars or more, insurance fraud is a	3074
felony of the third degree.	3075

(D) This section shall not be construed to abrogate, waive,	3076
or modify division (A) of section 2317.02 of the Revised Code.	3077

Sec. 2913.48. (A) No person, with purpose to defraud or	3078
knowing that the person is facilitating a fraud, shall do any of	3079
the following:	3080

(1) Receive workers' compensation benefits to which the	3081
person is not entitled;	3082

(2) Make or present or cause to be made or presented a false	3083
or misleading statement with the purpose to secure payment for	3084
goods or services rendered under Chapter 4121., 4123., 4127., or	3085
4131. of the Revised Code or to secure workers' compensation	3086
benefits;	3087

(3) Alter, falsify, destroy, conceal, or remove any record or	3088
document that is necessary to fully establish the validity of any	3089
claim filed with, or necessary to establish the nature and	3090
validity of all goods and services for which reimbursement or	3091
payment was received or is requested from, the bureau of workers'	3092
compensation, or a self-insuring employer under Chapter 4121.,	3093
4123., 4127., or 4131. of the Revised Code;	3094

(4) Enter into an agreement or conspiracy to defraud the	3095
bureau or a self-insuring employer by making or presenting or	3096
causing to be made or presented a false claim for workers'	3097
compensation benefits;	3098

(5) Make or present or cause to be made or presented a false	3099
statement concerning manual codes, classification of employees,	3100
payroll, paid compensation, or number of personnel, when	3101
information of that nature is necessary to determine the actual	3102
workers' compensation premium or assessment owed to the bureau by	3103
an employer;	3104

(6) Alter, forge, or create a workers' compensation	3105
certificate to falsely show current or correct workers'	3106
compensation coverage;	3107

(7) Fail to secure or maintain workers' compensation coverage	3108
as required by Chapter 4123. of the Revised Code with the intent	3109
to defraud the bureau of workers' compensation.	3110

(B) Whoever violates this section is guilty of workers'	3111
compensation fraud. Except as otherwise provided in this division,	3112
a violation of this section is a misdemeanor of the first degree.	3113
If the value of premiums and assessments unpaid pursuant to	3114
actions described in division (A)(5), (6), or (7) of this section,	3115
or of goods, services, property, or money stolen is ~~five hundred~~	3116
one thousand dollars or more and is less than ~~five~~seven thousand	3117
five hundred dollars, a violation of this section is a felony of	3118
the fifth degree. If the value of premiums and assessments unpaid	3119
pursuant to actions described in division (A)(5), (6), or (7) of	3120
this section, or of goods, services, property, or money stolen is	3121
~~five~~seven thousand five hundred dollars or more and is less than	3122
one hundred fifty thousand dollars, a violation of this section is	3123
a felony of the fourth degree. If the value of premiums and	3124
assessments unpaid pursuant to actions described in division	3125
(A)(5), (6), or (7) of this section, or of goods, services,	3126
property, or money stolen is one hundred fifty thousand dollars or	3127
more, a violation of this section is a felony of the third degree.	3128

(C) Upon application of the governmental body that conducted	3129
the investigation and prosecution of a violation of this section,	3130
the court shall order the person who is convicted of the violation	3131
to pay the governmental body its costs of investigating and	3132
prosecuting the case. These costs are in addition to any other	3133
costs or penalty provided in the Revised Code or any other section	3134
of law.	3135

(D) The remedies and penalties provided in this section are	3136
not exclusive remedies and penalties and do not preclude the use	3137
of any other criminal or civil remedy or penalty for any act that	3138
is in violation of this section.	3139

(E) As used in this section:

3140

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

3141

(2) "Goods" includes, but is not limited to, medical	3142
supplies, appliances, rehabilitative equipment, and any other	3143
apparatus or furnishing provided or used in the care, treatment,	3144
or rehabilitation of a claimant for workers' compensation	3145
benefits.	3146

(3) "Services" includes, but is not limited to, any service	3147
provided by any health care provider to a claimant for workers'	3148
compensation benefits and any and all services provided by the	3149
bureau as part of workers' compensation insurance coverage.	3150

(4) "Claim" means any attempt to cause the bureau, an	3151
independent third party with whom the administrator or an employer	3152
contracts under section 4121.44 of the Revised Code, or a	3153
self-insuring employer to make payment or reimbursement for	3154
workers' compensation benefits.	3155

(5) "Employment" means participating in any trade,	3156
occupation, business, service, or profession for substantial	3157
gainful remuneration.	3158

(6) "Employer," "employee," and "self-insuring employer" have	3159
the same meanings as in section 4123.01 of the Revised Code.	3160

(7) "Remuneration" includes, but is not limited to, wages,	3161
commissions, rebates, and any other reward or consideration.	3162

(8) "Statement" includes, but is not limited to, any oral,	3163
written, electronic, electronic impulse, or magnetic communication	3164
notice, letter, memorandum, receipt for payment, invoice, account,	3165
financial statement, or bill for services; a diagnosis, prognosis,	3166
prescription, hospital, medical, or dental chart or other record;	3167
and a computer generated document.	3168

(9) "Records" means any medical, professional, financial, or	3169
business record relating to the treatment or care of any person,	3170
to goods or services provided to any person, or to rates paid for	3171
goods or services provided to any person, or any record that the	3172
administrator of workers' compensation requires pursuant to rule.	3173

(10) "Workers' compensation benefits" means any compensation	3174
or benefits payable under Chapter 4121., 4123., 4127., or 4131. of	3175
the Revised Code.	3176

Sec. 2913.49. (A) As used in this section, "personal	3177
identifying information" includes, but is not limited to, the	3178
following: the name, address, telephone number, driver's license,	3179
driver's license number, commercial driver's license, commercial	3180
driver's license number, state identification card, state	3181
identification card number, social security card, social security	3182
number, birth certificate, place of employment, employee	3183
identification number, mother's maiden name, demand deposit	3184
account number, savings account number, money market account	3185
number, mutual fund account number, other financial account	3186
number, personal identification number, password, or credit card	3187
number of a living or dead individual.	3188

(B) No person, without the express or implied consent of the	3189
other person, shall use, obtain, or possess any personal	3190
identifying information of another person with intent to do either	3191
of the following:	3192

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

3193

(2) Represent the other person's personal identifying	3194
information as the person's own personal identifying information.	3195

(C) No person shall create, obtain, possess, or use the	3196
personal identifying information of any person with the intent to	3197
aid or abet another person in violating division (B) of this	3198
section.	3199

(D) No person, with intent to defraud, shall permit another	3200
person to use the person's own personal identifying information.	3201

(E) No person who is permitted to use another person's	3202
personal identifying information as described in division (D) of	3203
this section shall use, obtain, or possess the other person's	3204
personal identifying information with intent to defraud any person	3205
by doing any act identified in division (B)(1) or (2) of this	3206
section.	3207

(F)(1) It is an affirmative defense to a charge under	3208
division (B) of this section that the person using the personal	3209
identifying information is acting in accordance with a legally	3210
recognized guardianship or conservatorship or as a trustee or	3211
fiduciary.	3212

(2) It is an affirmative defense to a charge under division	3213
(B), (C), (D), or (E) of this section that either of the following	3214
applies:	3215

(a) The person or entity using, obtaining, possessing, or	3216
creating the personal identifying information or permitting it to	3217
be used is a law enforcement agency, authorized fraud personnel,	3218
or a representative of or attorney for a law enforcement agency or	3219
authorized fraud personnel and is using, obtaining, possessing, or	3220
creating the personal identifying information or permitting it to	3221
be used, with prior consent given as specified in this division,	3222
in a bona fide investigation, an information security evaluation,	3223
a pretext calling evaluation, or a similar matter. The prior	3224
consent required under this division shall be given by the person	3225
whose personal identifying information is being used, obtained,	3226
possessed, or created or is being permitted to be used or, if the	3227
person whose personal identifying information is being used,	3228
obtained, possessed, or created or is being permitted to be used	3229
is deceased, by that deceased person's executor, or a member of	3230
that deceased person's family, or that deceased person's attorney.	3231
The prior consent required under this division may be given orally	3232
or in writing by the person whose personal identifying information	3233
is being used, obtained, possessed, or created or is being	3234
permitted to be used or that person's executor, or family member,	3235
or attorney.	3236

(b) The personal identifying information was obtained,	3237
possessed, used, created, or permitted to be used for a lawful	3238
purpose, provided that division (F)(2)(b) of this section does not	3239
apply if the person or entity using, obtaining, possessing, or	3240
creating the personal identifying information or permitting it to	3241
be used is a law enforcement agency, authorized fraud personnel,	3242
or a representative of or attorney for a law enforcement agency or	3243
authorized fraud personnel that is using, obtaining, possessing,	3244
or creating the ~~personnel~~personal identifying information or	3245
permitting it to be used in an investigation, an information	3246
security evaluation, a pretext calling evaluation, or similar	3247
matter.	3248

(G) It is not a defense to a charge under this section that	3249
the person whose personal identifying information was obtained,	3250
possessed, used, created, or permitted to be used was deceased at	3251
the time of the offense.	3252

(H)(1) If an offender commits a violation of division (B),	3253
(D), or (E) of this section and the violation occurs as part of a	3254
course of conduct involving other violations of division (B), (D),	3255
or (E) of this section or violations of, attempts to violate,	3256
conspiracies to violate, or complicity in violations of division	3257
(C) of this section or section 2913.02, 2913.04, 2913.11, 2913.21,	3258
2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code, the	3259
court, in determining the degree of the offense pursuant to	3260
division (I) of this section, may aggregate all credit, property,	3261
or services obtained or sought to be obtained by the offender and	3262
all debts or other legal obligations avoided or sought to be	3263
avoided by the offender in the violations involved in that course	3264
of conduct. The course of conduct may involve one victim or more	3265
than one victim.	3266

(2) If an offender commits a violation of division (C) of	3267
this section and the violation occurs as part of a course of	3268
conduct involving other violations of division (C) of this section	3269
or violations of, attempts to violate, conspiracies to violate, or	3270
complicity in violations of division (B), (D), or (E) of this	3271
section or section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31,	3272
2913.42, 2913.43, or 2921.13 of the Revised Code, the court, in	3273
determining the degree of the offense pursuant to division (I) of	3274
this section, may aggregate all credit, property, or services	3275
obtained or sought to be obtained by the person aided or abetted	3276
and all debts or other legal obligations avoided or sought to be	3277
avoided by the person aided or abetted in the violations involved	3278
in that course of conduct. The course of conduct may involve one	3279
victim or more than one victim.	3280

(I)(1) Whoever violates this section is guilty of identity	3281
fraud.	3282

(2) Except as otherwise provided in this division or division	3283
(I)(3) of this section, identity fraud is a felony of the fifth	3284
degree. If the value of the credit, property, services, debt, or	3285
other legal obligation involved in the violation or course of	3286
conduct is ~~five hundred~~one thousand dollars or more and is less	3287
than ~~five~~seven thousand five hundred dollars, except as otherwise	3288
provided in division (I)(3) of this section, identity fraud is a	3289
felony of the fourth degree. If the value of the credit, property,	3290
services, debt, or other legal obligation involved in the	3291
violation or course of conduct is ~~five~~seven thousand five hundred	3292
dollars or more and is less than one hundred fifty thousand	3293
dollars, except as otherwise provided in division (I)(3) of this	3294
section, identity fraud is a felony of the third degree. If the	3295
value of the credit, property, services, debt, or other legal	3296
obligation involved in the violation or course of conduct is one	3297
hundred fifty thousand dollars or more, except as otherwise	3298
provided in division (I)(3) of this section, identity fraud is a	3299
felony of the second degree.	3300

(3) If the victim of the offense is an elderly person or	3301
disabled adult, a violation of this section is identity fraud	3302
against an elderly person or disabled adult. Except as otherwise	3303
provided in this division, identity fraud against an elderly	3304
person or disabled adult is a felony of the fifth degree. If the	3305
value of the credit, property, services, debt, or other legal	3306
obligation involved in the violation or course of conduct is ~~five~~	3307
~~hundred~~one thousand dollars or more and is less than ~~five~~seven	3308
thousand five hundred dollars, identity fraud against an elderly	3309
person or disabled adult is a felony of the third degree. If the	3310
value of the credit, property, services, debt, or other legal	3311
obligation involved in the violation or course of conduct is ~~five~~	3312
seven thousand five hundred dollars or more and is less than one	3313
hundred fifty thousand dollars, identity fraud against an elderly	3314
person or disabled adult is a felony of the second degree. If the	3315
value of the credit, property, services, debt, or other legal	3316
obligation involved in the violation or course of conduct is one	3317
hundred fifty thousand dollars or more, identity fraud against an	3318
elderly person or disabled adult is a felony of the first degree.	3319

Sec. 2913.51. (A) No person shall receive, retain, or	3320
dispose of property of another knowing or having reasonable cause	3321
to believe that the property has been obtained through commission	3322
of a theft offense.	3323

(B) It is not a defense to a charge of receiving stolen	3324
property in violation of this section that the property was	3325
obtained by means other than through the commission of a theft	3326
offense if the property was explicitly represented to the accused	3327
person as being obtained through the commission of a theft	3328
offense.	3329

(C) Whoever violates this section is guilty of receiving	3330
stolen property. Except as otherwise provided in this division,	3331
receiving stolen property is a misdemeanor of the first degree. If	3332
the value of the property involved is ~~five hundred~~one thousand	3333
dollars or more and is less than ~~five~~seven thousand five hundred	3334
dollars, if the property involved is any of the property listed in	3335
section 2913.71 of the Revised Code, receiving stolen property is	3336
a felony of the fifth degree. If the property involved is a motor	3337
vehicle, as defined in section 4501.01 of the Revised Code, if the	3338
property involved is a dangerous drug, as defined in section	3339
4729.01 of the Revised Code, if the value of the property involved	3340
is ~~five~~seven thousand five hundred dollars or more and is less	3341
than one hundred fifty thousand dollars, or if the property	3342
involved is a firearm or dangerous ordnance, as defined in section	3343
2923.11 of the Revised Code, receiving stolen property is a felony	3344
of the fourth degree. If the value of the property involved is one	3345
hundred fifty thousand dollars or more, receiving stolen property	3346
is a felony of the third degree.	3347

Sec. 2913.61. (A) When a person is charged with a theft	3348
offense, or with a violation of division (A)(1) of section 1716.14	3349
of the Revised Code involving a victim who is an elderly person or	3350
disabled adult that involves property or services valued at ~~five~~	3351
~~hundred~~one thousand dollars or more, property or services valued	3352
at ~~five hundred~~one thousand dollars or more and less than ~~five~~	3353
seven thousand five hundred dollars, property or services valued	3354
at one thousand five hundred dollars or more and less than seven	3355
thousand five hundred dollars, property or services valued at ~~five~~	3356
seven thousand five hundred dollars or more and less than	3357
~~twenty-five~~thirty-seven thousand five hundred dollars, property	3358
or services valued at seven thousand five hundred dollars or more	3359
and less than one hundred fifty thousand dollars, property or	3360
services valued at ~~twenty-five~~thirty-seven thousand five hundred	3361
dollars or more and less than one hundred fifty thousand dollars,	3362
orproperty or services valued at thirty-seven thousand five	3363
hundred dollars or more, property or services valued at one	3364
hundred fifty thousand dollars or more, property or services	3365
valued at one hundred fifty thousand dollars or more and less than	3366
seven hundred fifty thousand dollars, property or services valued	3367
at seven hundred fifty thousand dollars or more and less than one	3368
million five hundred thousand dollars, or property or services	3369
valued at one million five hundred thousand dollars or more, the	3370
jury or court trying the accused shall determine the value of the	3371
property or services as of the time of the offense and, if a	3372
guilty verdict is returned, shall return the finding of value as	3373
part of the verdict. In any case in which the jury or court	3374
determines that the value of the property or services at the time	3375
of the offense was ~~five hundred~~one thousand dollars or more, it	3376
is unnecessary to find and return the exact value, and it is	3377
sufficient if the finding and return is to the effect that the	3378
value of the property or services involved was ~~five hundred~~one	3379
thousand dollars or more and less than ~~five~~seven thousand five	3380
hundred dollars, was one thousand dollars or more and less than	3381
seven thousand five hundred dollars, was ~~five~~seven thousand five	3382
hundred dollars or more and less than ~~twenty-five~~thirty-seven	3383
thousand five hundred dollars, was seven thousand five hundred	3384
dollars or more and less than thirty-seven thousand five hundred	3385
dollars, was seven thousand five hundred dollars or more and less	3386
than one hundred fifty thousand dollars, was ~~twenty-five~~	3387
thirty-seven thousand five hundred dollars or more and less than	3388
one hundred fifty thousand dollars, orwas thirty-seven thousand	3389
five hundred dollars or more and less than one hundred fifty	3390
thousand dollars, was one hundred fifty thousand dollars or more,	3391
was one hundred fifty thousand dollars or more and less than seven	3392
hundred fifty thousand dollars, was seven hundred fifty thousand	3393
dollars or more and less than one million five hundred thousand	3394
dollars, or was one million five hundred thousand dollars or more,	3395
whichever is relevant regarding the offense.	3396

(B) If more than one item of property or services is involved	3397
in a theft offense or in a violation of division (A)(1) of section	3398
1716.14 of the Revised Code involving a victim who is an elderly	3399
person or disabled adult, the value of the property or services	3400
involved for the purpose of determining the value as required by	3401
division (A) of this section is the aggregate value of all	3402
property or services involved in the offense.	3403

(C)(1) When a series of offenses under section 2913.02 of the	3404
Revised Code, or a series of violations of, attempts to commit a	3405
violation of, conspiracies to violate, or complicity in violations	3406
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,	3407
or 2913.04, division (B)(1) or (2) of section 2913.21, or section	3408
2913.31 or 2913.43 of the Revised Code involving a victim who is	3409
an elderly person or disabled adult, is committed by the offender	3410
in the offender's same employment, capacity, or relationship to	3411
another, all of those offenses shall be tried as a single offense.	3412
The value of the property or services involved in the series of	3413
offenses for the purpose of determining the value as required by	3414
division (A) of this section is the aggregate value of all	3415
property and services involved in all offenses in the series.	3416

(2) If an offender commits a series of offenses under section	3417
2913.02 of the Revised Code that involves a common course of	3418
conduct to defraud multiple victims, all of the offenses may be	3419
tried as a single offense. If an offender is being tried for the	3420
commission of a series of violations of, attempts to commit a	3421
violation of, conspiracies to violate, or complicity in violations	3422
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,	3423
or 2913.04, division (B)(1) or (2) of section 2913.21, or section	3424
2913.31 or 2913.43 of the Revised Code, whether committed against	3425
one victim or more than one victim, involving a victim who is an	3426
elderly person or disabled adult, pursuant to a scheme or course	3427
of conduct, all of those offenses may be tried as a single	3428
offense. If the offenses are tried as a single offense, the value	3429
of the property or services involved for the purpose of	3430
determining the value as required by division (A) of this section	3431
is the aggregate value of all property and services involved in	3432
all of the offenses in the course of conduct.	3433

(3) When a series of two or more offenses under section	3434
2913.40, 2913.48, or 2921.41 of the Revised Code is committed by	3435
the offender in the offender's same employment, capacity, or	3436
relationship to another, all of those offenses may be tried as a	3437
single offense. If the offenses are tried as a single offense, the	3438
value of the property or services involved for the purpose of	3439
determining the value as required by division (A) of this section	3440
is the aggregate value of all property and services involved in	3441
all of the offenses in the series of two or more offenses.	3442

(4) In prosecuting a single offense under division (C)(1),	3443
(2), or (3) of this section, it is not necessary to separately	3444
allege and prove each offense in the series. Rather, it is	3445
sufficient to allege and prove that the offender, within a given	3446
span of time, committed one or more theft offenses or violations	3447
of section 2913.40, 2913.48, or 2921.41 of the Revised Code in the	3448
offender's same employment, capacity, or relationship to another	3449
as described in division (C)(1) or (3) of this section, or	3450
committed one or more theft offenses that involve a common course	3451
of conduct to defraud multiple victims or a scheme or course of	3452
conduct as described in division (C)(2) of this section. While it	3453
is not necessary to separately allege and prove each offense in	3454
the series in order to prosecute a single offense under division	3455
(C)(1), (2), or (3) of this section, it remains necessary in	3456
prosecuting them as a single offense to prove the aggregate value	3457
of the property or services in order to meet the requisite	3458
statutory offense level sought by the prosecution.	3459

(D) The following criteria shall be used in determining the	3460
value of property or services involved in a theft offense:	3461

(1) The value of an heirloom, memento, collector's item,	3462
antique, museum piece, manuscript, document, record, or other	3463
thing that has intrinsic worth to its owner and that either is	3464
irreplaceable or is replaceable only on the expenditure of	3465
substantial time, effort, or money, is the amount that would	3466
compensate the owner for its loss.	3467

(2) The value of personal effects and household goods, and of	3468
materials, supplies, equipment, and fixtures used in the	3469
profession, business, trade, occupation, or avocation of its	3470
owner, which property is not covered under division (D)(1) of this	3471
section and which retains substantial utility for its purpose	3472
regardless of its age or condition, is the cost of replacing the	3473
property with new property of like kind and quality.	3474

(3) The value of any real or personal property that is not	3475
covered under division (D)(1) or (2) of this section, and the	3476
value of services, is the fair market value of the property or	3477
services. As used in this section, "fair market value" is the	3478
money consideration that a buyer would give and a seller would	3479
accept for property or services, assuming that the buyer is	3480
willing to buy and the seller is willing to sell, that both are	3481
fully informed as to all facts material to the transaction, and	3482
that neither is under any compulsion to act.	3483

(E) Without limitation on the evidence that may be used to	3484
establish the value of property or services involved in a theft	3485
offense:	3486

(1) When the property involved is personal property held for	3487
sale at wholesale or retail, the price at which the property was	3488
held for sale is prima-facie evidence of its value.	3489

(2) When the property involved is a security or commodity	3490
traded on an exchange, the closing price or, if there is no	3491
closing price, the asked price, given in the latest market	3492
quotation prior to the offense is prima-facie evidence of the	3493
value of the security or commodity.	3494

(3) When the property involved is livestock, poultry, or raw	3495
agricultural products for which a local market price is available,	3496
the latest local market price prior to the offense is prima-facie	3497
evidence of the value of the livestock, poultry, or products.	3498

(4) When the property involved is a negotiable instrument,	3499
the face value is prima-facie evidence of the value of the	3500
instrument.	3501

(5) When the property involved is a warehouse receipt, bill	3502
of lading, pawn ticket, claim check, or other instrument entitling	3503
the holder or bearer to receive property, the face value or, if	3504
there is no face value, the value of the property covered by the	3505
instrument less any payment necessary to receive the property is	3506
prima-facie evidence of the value of the instrument.	3507

(6) When the property involved is a ticket of admission,	3508
ticket for transportation, coupon, token, or other instrument	3509
entitling the holder or bearer to receive property or services,	3510
the face value or, if there is no face value, the value of the	3511
property or services that may be received by the instrument is	3512
prima-facie evidence of the value of the instrument.	3513

(7) When the services involved are gas, electricity, water,	3514
telephone, transportation, shipping, or other services for which	3515
the rate is established by law, the duly established rate is	3516
prima-facie evidence of the value of the services.	3517

(8) When the services involved are services for which the	3518
rate is not established by law, and the offender has been notified	3519
prior to the offense of the rate for the services, either in	3520
writing, orally, or by posting in a manner reasonably calculated	3521
to come to the attention of potential offenders, the rate	3522
contained in the notice is prima-facie evidence of the value of	3523
the services.	3524

Sec. 2915.05. (A) No person, with purpose to defraud or	3525
knowing that the person is facilitating a fraud, shall engage in	3526
conduct designed to corrupt the outcome of any of the following:	3527

(1) The subject of a bet;

3528

(2) A contest of knowledge, skill, or endurance that is not	3529
an athletic or sporting event;	3530

(3) A scheme or game of chance;

3531

(4) Bingo.

3532

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

3533

(1) Offer, give, solicit, or accept anything of value to	3534
corrupt the outcome of an athletic or sporting event;	3535

(2) Engage in conduct designed to corrupt the outcome of an	3536
athletic or sporting event.	3537

(C)(1) Whoever violates division (A) of this section is	3538
guilty of cheating. Except as otherwise provided in this division,	3539
cheating is a misdemeanor of the first degree. If the potential	3540
gain from the cheating is ~~five hundred~~one thousand dollars or	3541
more or if the offender previously has been convicted of any	3542
gambling offense or of any theft offense, as defined in section	3543
2913.01 of the Revised Code, cheating is a felony of the fifth	3544
degree.	3545

(2) Whoever violates division (B) of this section is guilty	3546
of corrupting sports. Corrupting sports is a felony of the fifth	3547
degree on a first offense and a felony of the fourth degree on	3548
each subsequent offense.	3549

Sec. 2917.21. (A) No person shall knowingly make or cause to	3550
be made a telecommunication, or knowingly permit a	3551
telecommunication to be made from a telecommunications device	3552
under the person's control, to another, if the caller does any of	3553
the following:	3554

(1) Fails to identify the caller to the recipient of the	3555
telecommunication and makes the telecommunication with purpose to	3556
harass or abuse any person at the premises to which the	3557
telecommunication is made, whether or not actual communication	3558
takes place between the caller and a recipient;	3559

(2) Describes, suggests, requests, or proposes that the	3560
caller, the recipient of the telecommunication, or any other	3561
person engage in sexual activity, and the recipient or another	3562
person at the premises to which the telecommunication is made has	3563
requested, in a previous telecommunication or in the immediate	3564
telecommunication, that the caller not make a telecommunication to	3565
the recipient or to the premises to which the telecommunication is	3566
made;	3567

(3) During the telecommunication, violates section 2903.21 of	3568
the Revised Code;	3569

(4) Knowingly states to the recipient of the	3570
telecommunication that the caller intends to cause damage to or	3571
destroy public or private property, and the recipient, any member	3572
of the recipient's family, or any other person who resides at the	3573
premises to which the telecommunication is made owns, leases,	3574
resides, or works in, will at the time of the destruction or	3575
damaging be near or in, has the responsibility of protecting, or	3576
insures the property that will be destroyed or damaged;	3577

(5) Knowingly makes the telecommunication to the recipient of	3578
the telecommunication, to another person at the premises to which	3579
the telecommunication is made, or to those premises, and the	3580
recipient or another person at those premises previously has told	3581
the caller not to make a telecommunication to those premises or to	3582
any persons at those premises.	3583

(B) No person shall make or cause to be made a	3584
telecommunication, or permit a telecommunication to be made from a	3585
telecommunications device under the person's control, with purpose	3586
to abuse, threaten, or harass another person.	3587

(C)(1) Whoever violates this section is guilty of	3588
telecommunications harassment.	3589

(2) A violation of division (A)(1), (2), (3), or (5) or (B)	3590
of this section is a misdemeanor of the first degree on a first	3591
offense and a felony of the fifth degree on each subsequent	3592
offense.	3593

(3) Except as otherwise provided in division (C)(3) of this	3594
section, a violation of division (A)(4) of this section is a	3595
misdemeanor of the first degree on a first offense and a felony of	3596
the fifth degree on each subsequent offense. If a violation of	3597
division (A)(4) of this section results in economic harm of ~~five~~	3598
~~hundred~~one thousand dollars or more but less than ~~five~~seven	3599
thousand five hundred dollars, telecommunications harassment is a	3600
felony of the fifth degree. If a violation of division (A)(4) of	3601
this section results in economic harm of ~~five~~seven thousand five	3602
hundred dollars or more but less than one hundred fifty thousand	3603
dollars, telecommunications harassment is a felony of the fourth	3604
degree. If a violation of division (A)(4) of this section results	3605
in economic harm of one hundred fifty thousand dollars or more,	3606
telecommunications harassment is a felony of the third degree.	3607

(D) No cause of action may be asserted in any court of this	3608
state against any provider of a telecommunications service or	3609
information service, or against any officer, employee, or agent of	3610
a telecommunication service or information service, for any	3611
injury, death, or loss to person or property that allegedly arises	3612
out of the provider's, officer's, employee's, or agent's provision	3613
of information, facilities, or assistance in accordance with the	3614
terms of a court order that is issued in relation to the	3615
investigation or prosecution of an alleged violation of this	3616
section. A provider of a telecommunications service or information	3617
service, or an officer, employee, or agent of a telecommunications	3618
service or information service, is immune from any civil or	3619
criminal liability for injury, death, or loss to person or	3620
property that allegedly arises out of the provider's, officer's,	3621
employee's, or agent's provision of information, facilities, or	3622
assistance in accordance with the terms of a court order that is	3623
issued in relation to the investigation or prosecution of an	3624
alleged violation of this section.	3625

(E) As used in this section:

3626

(1) "Economic harm" means all direct, incidental, and	3627
consequential pecuniary harm suffered by a victim as a result of	3628
criminal conduct. "Economic harm" includes, but is not limited to,	3629
all of the following:	3630

(a) All wages, salaries, or other compensation lost as a	3631
result of the criminal conduct;	3632

(b) The cost of all wages, salaries, or other compensation	3633
paid to employees for time those employees are prevented from	3634
working as a result of the criminal conduct;	3635

(c) The overhead costs incurred for the time that a business	3636
is shut down as a result of the criminal conduct;	3637

(d) The loss of value to tangible or intangible property that	3638
was damaged as a result of the criminal conduct.	3639

(2) "Caller" means the person described in division (A) of	3640
this section who makes or causes to be made a telecommunication or	3641
who permits a telecommunication to be made from a	3642
telecommunications device under that person's control.	3643

(3) "Telecommunication" and "telecommunications device" have	3644
the same meanings as in section 2913.01 of the Revised Code.	3645

(4) "Sexual activity" has the same meaning as in section	3646
2907.01 of the Revised Code.	3647

(F) Nothing in this section prohibits a person from making a	3648
telecommunication to a debtor that is in compliance with the "Fair	3649
Debt Collection Practices Act," 91 Stat. 874 (1977), 15 U.S.C.	3650
1692, as amended, or the "Telephone Consumer Protection Act," 105	3651
Stat. 2395 (1991), 47 U.S.C. 227, as amended.	3652

Sec. 2917.31. (A) No person shall cause the evacuation of	3653
any public place, or otherwise cause serious public inconvenience	3654
or alarm, by doing any of the following:	3655

(1) Initiating or circulating a report or warning of an	3656
alleged or impending fire, explosion, crime, or other catastrophe,	3657
knowing that such report or warning is false;	3658

(2) Threatening to commit any offense of violence;

3659

(3) Committing any offense, with reckless disregard of the	3660
likelihood that its commission will cause serious public	3661
inconvenience or alarm.	3662

(B) Division (A)(1) of this section does not apply to any	3663
person conducting an authorized fire or emergency drill.	3664

(C)(1) Whoever violates this section is guilty of inducing	3665
panic.	3666

(2) Except as otherwise provided in division (C)(3), (4),	3667
(5), (6), (7), or (8) of this section, inducing panic is a	3668
misdemeanor of the first degree.	3669

(3) Except as otherwise provided in division (C)(4), (5),	3670
(6), (7), or (8) of this section, if a violation of this section	3671
results in physical harm to any person, inducing panic is a felony	3672
of the fourth degree.	3673

(4) Except as otherwise provided in division (C)(5), (6),	3674
(7), or (8) of this section, if a violation of this section	3675
results in economic harm, the penalty shall be determined as	3676
follows:	3677

(a) If the violation results in economic harm of ~~five hundred~~	3678
one thousand dollars or more but less than ~~five~~seven thousand	3679
five hundred dollars and if division (C)(3) of this section does	3680
not apply, inducing panic is a felony of the fifth degree.	3681

(b) If the violation results in economic harm of ~~five~~seven	3682
thousand five hundred dollars or more but less than one hundred	3683
fifty thousand dollars, inducing panic is a felony of the fourth	3684
degree.	3685

(c) If the violation results in economic harm of one hundred	3686
fifty thousand dollars or more, inducing panic is a felony of the	3687
third degree.	3688

(5) If the public place involved in a violation of division	3689
(A)(1) of this section is a school or an institution of higher	3690
education, inducing panic is a felony of the second degree.	3691

(6) If the violation pertains to a purported, threatened, or	3692
actual use of a weapon of mass destruction, and except as	3693
otherwise provided in division (C)(5), (7), or (8) of this	3694
section, inducing panic is a felony of the fourth degree.	3695

(7) If the violation pertains to a purported, threatened, or	3696
actual use of a weapon of mass destruction, and except as	3697
otherwise provided in division (C)(5) of this section, if a	3698
violation of this section results in physical harm to any person,	3699
inducing panic is a felony of the third degree.	3700

(8) If the violation pertains to a purported, threatened, or	3701
actual use of a weapon of mass destruction, and except as	3702
otherwise provided in division (C)(5) of this section, if a	3703
violation of this section results in economic harm of one hundred	3704
thousand dollars or more, inducing panic is a felony of the third	3705
degree.	3706

(D)(1) It is not a defense to a charge under this section	3707
that pertains to a purported or threatened use of a weapon of mass	3708
destruction that the offender did not possess or have the ability	3709
to use a weapon of mass destruction or that what was represented	3710
to be a weapon of mass destruction was not a weapon of mass	3711
destruction.	3712

(2) Any act that is a violation of this section and any other	3713
section of the Revised Code may be prosecuted under this section,	3714
the other section, or both sections.	3715

(E) As used in this section:

3716

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

3717

(a) All direct, incidental, and consequential pecuniary harm	3718
suffered by a victim as a result of criminal conduct. "Economic	3719
harm" as described in this division includes, but is not limited	3720
to, all of the following:	3721

(i) All wages, salaries, or other compensation lost as a	3722
result of the criminal conduct;	3723

(ii) The cost of all wages, salaries, or other compensation	3724
paid to employees for time those employees are prevented from	3725
working as a result of the criminal conduct;	3726

(iii) The overhead costs incurred for the time that a	3727
business is shut down as a result of the criminal conduct;	3728

(iv) The loss of value to tangible or intangible property	3729
that was damaged as a result of the criminal conduct.	3730

(b) All costs incurred by the state or any political	3731
subdivision as a result of, or in making any response to, the	3732
criminal conduct that constituted the violation of this section or	3733
section 2917.32 of the Revised Code, including, but not limited	3734
to, all costs so incurred by any law enforcement officers,	3735
firefighters, rescue personnel, or emergency medical services	3736
personnel of the state or the political subdivision.	3737

(2) "School" means any school operated by a board of	3738
education or any school for which the state board of education	3739
prescribes minimum standards under section 3301.07 of the Revised	3740
Code, whether or not any instruction, extracurricular activities,	3741
or training provided by the school is being conducted at the time	3742
a violation of this section is committed.	3743

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

3744

(a) Any weapon that is designed or intended to cause death or	3745
serious physical harm through the release, dissemination, or	3746
impact of toxic or poisonous chemicals, or their precursors;	3747

(b) Any weapon involving a disease organism or biological	3748
agent;	3749

(c) Any weapon that is designed to release radiation or	3750
radioactivity at a level dangerous to human life;	3751

(d) Any of the following, except to the extent that the item	3752
or device in question is expressly excepted from the definition of	3753
"destructive device" pursuant to 18 U.S.C. 921(a)(4) and	3754
regulations issued under that section:	3755

(i) Any explosive, incendiary, or poison gas bomb, grenade,	3756
rocket having a propellant charge of more than four ounces,	3757
missile having an explosive or incendiary charge of more than	3758
one-quarter ounce, mine, or similar device;	3759

(ii) Any combination of parts either designed or intended for	3760
use in converting any item or device into any item or device	3761
described in division (E)(3)(d)(i) of this section and from which	3762
an item or device described in that division may be readily	3763
assembled.	3764

(4) "Biological agent" has the same meaning as in section	3765
2917.33 of the Revised Code.	3766

(5) "Emergency medical services personnel" has the same	3767
meaning as in section 2133.21 of the Revised Code.	3768

(6) "Institution of higher education" means any of the	3769
following:	3770

(a) A state university or college as defined in division	3771
(A)(1) of section 3345.12 of the Revised Code, community college,	3772
state community college, university branch, or technical college;	3773

(b) A private, nonprofit college, university or other	3774
post-secondary institution located in this state that possesses a	3775
certificate of authorization issued by the Ohio board of regents	3776
pursuant to Chapter 1713. of the Revised Code;	3777

(c) A post-secondary institution with a certificate of	3778
registration issued by the state board of career colleges and	3779
schools under Chapter 3332. of the Revised Code.	3780

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

3781

(1) Initiate or circulate a report or warning of an alleged	3782
or impending fire, explosion, crime, or other catastrophe, knowing	3783
that the report or warning is false and likely to cause public	3784
inconvenience or alarm;	3785

(2) Knowingly cause a false alarm of fire or other emergency	3786
to be transmitted to or within any organization, public or	3787
private, for dealing with emergencies involving a risk of physical	3788
harm to persons or property;	3789

(3) Report to any law enforcement agency an alleged offense	3790
or other incident within its concern, knowing that such offense	3791
did not occur.	3792

(B) This section does not apply to any person conducting an	3793
authorized fire or emergency drill.	3794

(C)(1) Whoever violates this section is guilty of making	3795
false alarms.	3796

(2) Except as otherwise provided in division (C)(3), (4),	3797
(5), or (6) of this section, making false alarms is a misdemeanor	3798
of the first degree.	3799

(3) Except as otherwise provided in division (C)(4) of this	3800
section, if a violation of this section results in economic harm	3801
of ~~five hundred~~one thousand dollars or more but less than ~~five~~	3802
seven thousand five hundred dollars, making false alarms is a	3803
felony of the fifth degree.	3804

(4) If a violation of this section pertains to a purported,	3805
threatened, or actual use of a weapon of mass destruction, making	3806
false alarms is a felony of the third degree.	3807

(5) If a violation of this section results in economic harm	3808
of ~~five~~seven thousand five hundred dollars or more but less than	3809
one hundred fifty thousand dollars and if division (C)(4) of this	3810
section does not apply, making false alarms is a felony of the	3811
fourth degree.	3812

(6) If a violation of this section results in economic harm	3813
of one hundred fifty thousand dollars or more, making false alarms	3814
is a felony of the third degree.	3815

(D)(1) It is not a defense to a charge under this section	3816
that pertains to a purported or threatened use of a weapon of mass	3817
destruction that the offender did not possess or have the ability	3818
to use a weapon of mass destruction or that what was represented	3819
to be a weapon of mass destruction was not a weapon of mass	3820
destruction.	3821

(2) Any act that is a violation of this section and any other	3822
section of the Revised Code may be prosecuted under this section,	3823
the other section, or both sections.	3824

(E) As used in this section, "economic harm" and "weapon of	3825
mass destruction" have the same meanings as in section 2917.31 of	3826
the Revised Code.	3827

Sec. 2919.21. (A) No person shall abandon, or fail to	3828
provide adequate support to:	3829

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

3830

(2) The person's child who is under age eighteen, or mentally	3831
or physically handicapped child who is under age twenty-one;	3832

(3) The person's aged or infirm parent or adoptive parent,	3833
who from lack of ability and means is unable to provide adequately	3834
for the parent's own support.	3835

(B) No person shall abandon, or fail to provide support as	3836
established by a court order to, another person whom, by court	3837
order or decree, the person is legally obligated to support.	3838

(C) No person shall aid, abet, induce, cause, encourage, or	3839
contribute to a child or a ward of the juvenile court becoming a	3840
dependent child, as defined in section 2151.04 of the Revised	3841
Code, or a neglected child, as defined in section 2151.03 of the	3842
Revised Code.	3843

(D) It is an affirmative defense to a charge of failure to	3844
provide adequate support under division (A) of this section or a	3845
charge of failure to provide support established by a court order	3846
under division (B) of this section that the accused was unable to	3847
provide adequate support or the established support but did	3848
provide the support that was within the accused's ability and	3849
means.	3850

(E) It is an affirmative defense to a charge under division	3851
(A)(3) of this section that the parent abandoned the accused or	3852
failed to support the accused as required by law, while the	3853
accused was under age eighteen, or was mentally or physically	3854
handicapped and under age twenty-one.	3855

(F) It is not a defense to a charge under division (B) of	3856
this section that the person whom a court has ordered the accused	3857
to support is being adequately supported by someone other than the	3858
accused.	3859

(G)(1) Except as otherwise provided in this division, whoever	3860
violates division (A) or (B) of this section is guilty of	3861
nonsupport of dependents, a misdemeanor of the first degree. If	3862
the offender previously has been convicted of or pleaded guilty to	3863
a violation of division (A)(2) or (B) of this section or if the	3864
offender has failed to provide support under division (A)(2) or	3865
(B) of this section for a total accumulated period of twenty-six	3866
weeks out of one hundred four consecutive weeks, whether or not	3867
the twenty-six weeks were consecutive, then a violation of	3868
division (A)(2) or (B) of this section is a felony of the fifth	3869
degree. If the offender previously has been convicted of or	3870
pleaded guilty to a felony violation of this section, a violation	3871
of division (A)(2) or (B) of this section is a felony of the	3872
fourth degree. If	3873

If the violation of division (A) or (B) of this section is a	3874
felony, all of the following apply to the sentencing of the	3875
offender:	3876

(a) Except as otherwise provided in division (G)(1)(b) of	3877
this section, the court in imposing sentence on the offender shall	3878
first consider placing the offender on one or more community	3879
control sanctions under section 2929.16, 2929.17, or 2929.18 of	3880
the Revised Code, with an emphasis under the sanctions on	3881
intervention for nonsupport, obtaining or maintaining employment,	3882
or another related condition.	3883

(b) The preference for placement on community control	3884
sanctions described in division (G)(1)(a) of this section does not	3885
apply to any offender to whom one or more of the following	3886
applies:	3887

(i) The court determines that the imposition of a prison term	3888
on the offender is consistent with the purposes and principles of	3889
sentencing set forth in section 2929.11 of the Revised Code.	3890

(ii) The offender previously was convicted of or pleaded	3891
guilty to a violation of this section that was a felony, the	3892
conviction or guilty plea occurred on or after the effective date	3893
of this amendment, and the offender was sentenced to a prison term	3894
for that violation.	3895

(iii) The offender previously was convicted of or pleaded	3896
guilty to a violation of this section that was a felony, the	3897
conviction or guilty plea occurred on or after the effective date	3898
of this amendment, the offender was sentenced to one or more	3899
community control sanctions of a type described in division	3900
(G)(1)(a) of this section for that violation, and the offender	3901
failed to comply with the conditions of any of those community	3902
control sanctions.	3903

(2) If the offender is guilty of nonsupport of dependents by	3904
reason of failing to provide support to the offender's child as	3905
required by a child support order issued on or after April 15,	3906
1985, pursuant to section 2151.23, 2151.231, 2151.232, 2151.33,	3907
3105.21, 3109.05, 3111.13, 3113.04, 3113.31, or 3115.31 of the	3908
Revised Code, the court, in addition to any other sentence	3909
imposed, shall assess all court costs arising out of the charge	3910
against the person and require the person to pay any reasonable	3911
attorney's fees of any adverse party other than the state, as	3912
determined by the court, that arose in relation to the charge.	3913

~~(2)~~(3) Whoever violates division (C) of this section is	3914
guilty of contributing to the nonsupport of dependents, a	3915
misdemeanor of the first degree. Each day of violation of division	3916
(C) of this section is a separate offense.	3917

Sec. 2921.13. (A) No person shall knowingly make a false	3918
statement, or knowingly swear or affirm the truth of a false	3919
statement previously made, when any of the following applies:	3920

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

3921

(2) The statement is made with purpose to incriminate	3922
another.	3923

(3) The statement is made with purpose to mislead a public	3924
official in performing the public official's official function.	3925

(4) The statement is made with purpose to secure the payment	3926
of unemployment compensation; Ohio works first; prevention,	3927
retention, and contingency benefits and services; disability	3928
financial assistance; retirement benefits; economic development	3929
assistance, as defined in section 9.66 of the Revised Code; or	3930
other benefits administered by a governmental agency or paid out	3931
of a public treasury.	3932

(5) The statement is made with purpose to secure the issuance	3933
by a governmental agency of a license, permit, authorization,	3934
certificate, registration, release, or provider agreement.	3935

(6) The statement is sworn or affirmed before a notary public	3936
or another person empowered to administer oaths.	3937

(7) The statement is in writing on or in connection with a	3938
report or return that is required or authorized by law.	3939

(8) The statement is in writing and is made with purpose to	3940
induce another to extend credit to or employ the offender, to	3941
confer any degree, diploma, certificate of attainment, award of	3942
excellence, or honor on the offender, or to extend to or bestow	3943
upon the offender any other valuable benefit or distinction, when	3944
the person to whom the statement is directed relies upon it to	3945
that person's detriment.	3946

(9) The statement is made with purpose to commit or	3947
facilitate the commission of a theft offense.	3948

(10) The statement is knowingly made to a probate court in	3949
connection with any action, proceeding, or other matter within its	3950
jurisdiction, either orally or in a written document, including,	3951
but not limited to, an application, petition, complaint, or other	3952
pleading, or an inventory, account, or report.	3953

(11) The statement is made on an account, form, record,	3954
stamp, label, or other writing that is required by law.	3955

(12) The statement is made in connection with the purchase of	3956
a firearm, as defined in section 2923.11 of the Revised Code, and	3957
in conjunction with the furnishing to the seller of the firearm of	3958
a fictitious or altered driver's or commercial driver's license or	3959
permit, a fictitious or altered identification card, or any other	3960
document that contains false information about the purchaser's	3961
identity.	3962

(13) The statement is made in a document or instrument of	3963
writing that purports to be a judgment, lien, or claim of	3964
indebtedness and is filed or recorded with the secretary of state,	3965
a county recorder, or the clerk of a court of record.	3966

(14) The statement is made in an application filed with a	3967
county sheriff pursuant to section 2923.125 of the Revised Code in	3968
order to obtain or renew a license to carry a concealed handgun or	3969
is made in an affidavit submitted to a county sheriff to obtain a	3970
temporary emergency license to carry a concealed handgun under	3971
section 2923.1213 of the Revised Code.	3972

(15) The statement is required under section 5743.71 of the	3973
Revised Code in connection with the person's purchase of	3974
cigarettes or tobacco products in a delivery sale.	3975

(B) No person, in connection with the purchase of a firearm,	3976
as defined in section 2923.11 of the Revised Code, shall knowingly	3977
furnish to the seller of the firearm a fictitious or altered	3978
driver's or commercial driver's license or permit, a fictitious or	3979
altered identification card, or any other document that contains	3980
false information about the purchaser's identity.	3981

(C) No person, in an attempt to obtain a license to carry a	3982
concealed handgun under section 2923.125 of the Revised Code,	3983
shall knowingly present to a sheriff a fictitious or altered	3984
document that purports to be certification of the person's	3985
competence in handling a handgun as described in division (B)(3)	3986
of section 2923.125 of the Revised Code.	3987

(D) It is no defense to a charge under division (A)(6) of	3988
this section that the oath or affirmation was administered or	3989
taken in an irregular manner.	3990

(E) If contradictory statements relating to the same fact are	3991
made by the offender within the period of the statute of	3992
limitations for falsification, it is not necessary for the	3993
prosecution to prove which statement was false but only that one	3994
or the other was false.	3995

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	3996
(6), (7), (8), (10), (11), (13), or (15) of this section is guilty	3997
of falsification, a misdemeanor of the first degree.	3998

(2) Whoever violates division (A)(9) of this section is	3999
guilty of falsification in a theft offense. Except as otherwise	4000
provided in this division, falsification in a theft offense is a	4001
misdemeanor of the first degree. If the value of the property or	4002
services stolen is ~~five hundred~~one thousand dollars or more and	4003
is less than ~~five~~seven thousand five hundred dollars,	4004
falsification in a theft offense is a felony of the fifth degree.	4005
If the value of the property or services stolen is ~~five~~seven	4006
thousand five hundred dollars or more and is less than one hundred	4007
fifty thousand dollars, falsification in a theft offense is a	4008
felony of the fourth degree. If the value of the property or	4009
services stolen is one hundred fifty thousand dollars or more,	4010
falsification in a theft offense is a felony of the third degree.	4011

(3) Whoever violates division (A)(12) or (B) of this section	4012
is guilty of falsification to purchase a firearm, a felony of the	4013
fifth degree.	4014

(4) Whoever violates division (A)(14) or (C) of this section	4015
is guilty of falsification to obtain a concealed handgun license,	4016
a felony of the fourth degree.	4017

(G) A person who violates this section is liable in a civil	4018
action to any person harmed by the violation for injury, death, or	4019
loss to person or property incurred as a result of the commission	4020
of the offense and for reasonable attorney's fees, court costs,	4021
and other expenses incurred as a result of prosecuting the civil	4022
action commenced under this division. A civil action under this	4023
division is not the exclusive remedy of a person who incurs	4024
injury, death, or loss to person or property as a result of a	4025
violation of this section.	4026

Sec. 2921.34. (A)(1) No person, knowing the person is under	4027
detention, other than supervised release detention, or being	4028
reckless in that regard, shall purposely break or attempt to break	4029
the detention, or purposely fail to return to detention, either	4030
following temporary leave granted for a specific purpose or	4031
limited period, or at the time required when serving a sentence in	4032
intermittent confinement.	4033

(2)(a) Division (A)(2)(b) of this section applies to any	4034
person who is sentenced to a prison term pursuant to division	4035
(A)(3) or (B) of section 2971.03 of the Revised Code.	4036

(b) No person to whom this division applies, for whom the	4037
requirement that the entire prison term imposed upon the person	4038
pursuant to division (A)(3) or (B) of section 2971.03 of the	4039
Revised Code be served in a state correctional institution has	4040
been modified pursuant to section 2971.05 of the Revised Code, and	4041
who, pursuant to that modification, is restricted to a geographic	4042
area, knowing that the person is under a geographic restriction or	4043
being reckless in that regard, shall purposely leave the	4044
geographic area to which the restriction applies or purposely fail	4045
to return to that geographic area following a temporary leave	4046
granted for a specific purpose or for a limited period of time.	4047

(3) No person, knowing the person is under supervised release	4048
detention or being reckless in that regard, shall purposely break	4049
or attempt to break the supervised release detention or purposely	4050
fail to return to the supervised release detention, either	4051
following temporary leave granted for a specific purpose or	4052
limited period, or at the time required when serving a sentence in	4053
intermittent confinement.	4054

(B) Irregularity in bringing about or maintaining detention,	4055
or lack of jurisdiction of the committing or detaining authority,	4056
is not a defense to a charge under this section if the detention	4057
is pursuant to judicial order or in a detention facility. In the	4058
case of any other detention, irregularity or lack of jurisdiction	4059
is an affirmative defense only if either of the following occurs:	4060

(1) The escape involved no substantial risk of harm to the	4061
person or property of another.	4062

(2) The detaining authority knew or should have known there	4063
was no legal basis or authority for the detention.	4064

4065

(1) If the offender violates division (A)(1) or (2) of this	4066
section, if the offender, at the time of the commission of the	4067
offense, was under detention as an alleged or adjudicated	4068
delinquent child or unruly child, and if the act for which the	4069
offender was under detention would not be a felony if committed by	4070
an adult, escape is a misdemeanor of the first degree.	4071

(2) If the offender violates division (A)(1) or (2) of this	4072
section and if either the offender, at the time of the commission	4073
of the offense, was under detention in any other manner or if the	4074
offender is a person for whom the requirement that the entire	4075
prison term imposed upon the person pursuant to division (A)(3) or	4076
(B) of section 2971.03 of the Revised Code be served in a state	4077
correctional institution has been modified pursuant to section	4078
2971.05 of the Revised Code, escape is one of the following:	4079

(a) A felony of the second degree, when the most serious	4080
offense for which the person was under detention or for which the	4081
person had been sentenced to the prison term under division	4082
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or	4083
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	4084
is aggravated murder, murder, or a felony of the first or second	4085
degree or, if the person was under detention as an alleged or	4086
adjudicated delinquent child, when the most serious act for which	4087
the person was under detention would be aggravated murder, murder,	4088
or a felony of the first or second degree if committed by an	4089
adult;	4090

(b) A felony of the third degree, when the most serious	4091
offense for which the person was under detention or for which the	4092
person had been sentenced to the prison term under division	4093
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or	4094
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	4095
is a felony of the third, fourth, or fifth degree or an	4096
unclassified felony or, if the person was under detention as an	4097
alleged or adjudicated delinquent child, when the most serious act	4098
for which the person was under detention would be a felony of the	4099
third, fourth, or fifth degree or an unclassified felony if	4100
committed by an adult;	4101

(c) A felony of the fifth degree, when any of the following	4102
applies:	4103

(i) The most serious offense for which the person was under	4104
detention is a misdemeanor.	4105

(ii) The person was found not guilty by reason of insanity,	4106
and the person's detention consisted of hospitalization,	4107
institutionalization, or confinement in a facility under an order	4108
made pursuant to or under authority of section 2945.40, 2945.401,	4109
or 2945.402 of the Revised Code.	4110

(d) A misdemeanor of the first degree, when the most serious	4111
offense for which the person was under detention is a misdemeanor	4112
and when the person fails to return to detention at a specified	4113
time following temporary leave granted for a specific purpose or	4114
limited period or at the time required when serving a sentence in	4115
intermittent confinement.	4116

(3) If the offender violates division (A)(3) of this section,	4117
except as otherwise provided in this division, escape is a felony	4118
of the fifth degree. If the offender violates division (A)(3) of	4119
this section and if, at the time of the commission of the offense,	4120
the most serious offense for which the offender was under	4121
supervised release detention was aggravated murder, murder, any	4122
other offense for which a sentence of life imprisonment was	4123
imposed, or a felony of the first or second degree, escape is a	4124
felony of the fourth degree.	4125

(D) As used in this section, "supervised release detention"	4126
means detention that is supervision of a person by an employee of	4127
the department of rehabilitation and correction while the person	4128
is on any type of release from a state correctional institution,	4129
other than transitional control under section 2967.26 of the	4130
Revised Code or placement in a community-based correctional	4131
facility by the parole board under section 2967.28 of the Revised	4132
Code.	4133

Sec. 2921.41. (A) No public official or party official shall	4134
commit any theft offense, as defined in division (K) of section	4135
2913.01 of the Revised Code, when either of the following applies:	4136

(1) The offender uses the offender's office in aid of	4137
committing the offense or permits or assents to its use in aid of	4138
committing the offense;	4139

(2) The property or service involved is owned by this state,	4140
any other state, the United States, a county, a municipal	4141
corporation, a township, or any political subdivision, department,	4142
or agency of any of them, is owned by a political party, or is	4143
part of a political campaign fund.	4144

(B) Whoever violates this section is guilty of theft in	4145
office. Except as otherwise provided in this division, theft in	4146
office is a felony of the fifth degree. If the value of property	4147
or services stolen is ~~five hundred~~one thousand dollars or more	4148
and is less than ~~five~~seven thousand five hundred dollars, theft	4149
in office is a felony of the fourth degree. If the value of	4150
property or services stolen is ~~five~~seven thousand five hundred	4151
dollars or more, theft in office is a felony of the third degree.	4152

(C)(1) A public official or party official who pleads guilty	4153
to theft in office and whose plea is accepted by the court or a	4154
public official or party official against whom a verdict or	4155
finding of guilt for committing theft in office is returned is	4156
forever disqualified from holding any public office, employment,	4157
or position of trust in this state.	4158

(2)(a) A court that imposes sentence for a violation of this	4159
section based on conduct described in division (A)(2) of this	4160
section shall require the public official or party official who is	4161
convicted of or pleads guilty to the offense to make restitution	4162
for all of the property or the service that is the subject of the	4163
offense, in addition to the term of imprisonment and any fine	4164
imposed. A court that imposes sentence for a violation of this	4165
section based on conduct described in division (A)(1) of this	4166
section and that determines at trial that this state or a	4167
political subdivision of this state if the offender is a public	4168
official, or a political party in the United States or this state	4169
if the offender is a party official, suffered actual loss as a	4170
result of the offense shall require the offender to make	4171
restitution to the state, political subdivision, or political	4172
party for all of the actual loss experienced, in addition to the	4173
term of imprisonment and any fine imposed.	4174

(b)(i) In any case in which a sentencing court is required to	4175
order restitution under division (C)(2)(a) of this section and in	4176
which the offender, at the time of the commission of the offense	4177
or at any other time, was a member of the public employees	4178
retirement system, the Ohio police and fire pension fund, the	4179
state teachers retirement system, the school employees retirement	4180
system, or the state highway patrol retirement system; was an	4181
electing employee, as defined in section 3305.01 of the Revised	4182
Code, participating in an alternative retirement plan provided	4183
pursuant to Chapter 3305. of the Revised Code; was a participating	4184
employee or continuing member, as defined in section 148.01 of the	4185
Revised Code, in a deferred compensation program offered by the	4186
Ohio public employees deferred compensation board; was an officer	4187
or employee of a municipal corporation who was a participant in a	4188
deferred compensation program offered by that municipal	4189
corporation; was an officer or employee of a government unit, as	4190
defined in section 148.06 of the Revised Code, who was a	4191
participant in a deferred compensation program offered by that	4192
government unit, or was a participating employee, continuing	4193
member, or participant in any deferred compensation program	4194
described in this division and a member of a retirement system	4195
specified in this division or a retirement system of a municipal	4196
corporation, the entity to which restitution is to be made may	4197
file a motion with the sentencing court specifying any retirement	4198
system, any provider as defined in section 3305.01 of the Revised	4199
Code, and any deferred compensation program of which the offender	4200
was a member, electing employee, participating employee,	4201
continuing member, or participant and requesting the court to	4202
issue an order requiring the specified retirement system, the	4203
specified provider under the alternative retirement plan, or the	4204
specified deferred compensation program, or, if more than one is	4205
specified in the motion, the applicable combination of these, to	4206
withhold the amount required as restitution from any payment that	4207
is to be made under a pension, annuity, or allowance, under an	4208
option in the alternative retirement plan, under a participant	4209
account, as defined in section 148.01 of the Revised Code, or	4210
under any other type of benefit, other than a survivorship	4211
benefit, that has been or is in the future granted to the	4212
offender, from any payment of accumulated employee contributions	4213
standing to the offender's credit with that retirement system,	4214
that provider of the option under the alternative retirement plan,	4215
or that deferred compensation program, or, if more than one is	4216
specified in the motion, the applicable combination of these, and	4217
from any payment of any other amounts to be paid to the offender	4218
upon the offender's withdrawal of the offender's contributions	4219
pursuant to Chapter 145., 148., 742., 3307., 3309., or 5505. of	4220
the Revised Code. A motion described in this division may be filed	4221
at any time subsequent to the conviction of the offender or entry	4222
of a guilty plea. Upon the filing of the motion, the clerk of the	4223
court in which the motion is filed shall notify the offender, the	4224
specified retirement system, the specified provider under the	4225
alternative retirement plan, or the specified deferred	4226
compensation program, or, if more than one is specified in the	4227
motion, the applicable combination of these, in writing, of all of	4228
the following: that the motion was filed; that the offender will	4229
be granted a hearing on the issuance of the requested order if the	4230
offender files a written request for a hearing with the clerk	4231
prior to the expiration of thirty days after the offender receives	4232
the notice; that, if a hearing is requested, the court will	4233
schedule a hearing as soon as possible and notify the offender,	4234
any specified retirement system, any specified provider under an	4235
alternative retirement plan, and any specified deferred	4236
compensation program of the date, time, and place of the hearing;	4237
that, if a hearing is conducted, it will be limited only to a	4238
consideration of whether the offender can show good cause why the	4239
requested order should not be issued; that, if a hearing is	4240
conducted, the court will not issue the requested order if the	4241
court determines, based on evidence presented at the hearing by	4242
the offender, that there is good cause for the requested order not	4243
to be issued; that the court will issue the requested order if a	4244
hearing is not requested or if a hearing is conducted but the	4245
court does not determine, based on evidence presented at the	4246
hearing by the offender, that there is good cause for the	4247
requested order not to be issued; and that, if the requested order	4248
is issued, any retirement system, any provider under an	4249
alternative retirement plan, and any deferred compensation program	4250
specified in the motion will be required to withhold the amount	4251
required as restitution from payments to the offender.	4252

(ii) In any case in which a sentencing court is required to	4253
order restitution under division (C)(2)(a) of this section and in	4254
which a motion requesting the issuance of a withholding order as	4255
described in division (C)(2)(b)(i) of this section is filed, the	4256
offender may receive a hearing on the motion by delivering a	4257
written request for a hearing to the court prior to the expiration	4258
of thirty days after the offender's receipt of the notice provided	4259
pursuant to division (C)(2)(b)(i) of this section. If a request	4260
for a hearing is made by the offender within the prescribed time,	4261
the court shall schedule a hearing as soon as possible after the	4262
request is made and shall notify the offender, the specified	4263
retirement system, the specified provider under the alternative	4264
retirement plan, or the specified deferred compensation program,	4265
or, if more than one is specified in the motion, the applicable	4266
combination of these, of the date, time, and place of the hearing.	4267
A hearing scheduled under this division shall be limited to a	4268
consideration of whether there is good cause, based on evidence	4269
presented by the offender, for the requested order not to be	4270
issued. If the court determines, based on evidence presented by	4271
the offender, that there is good cause for the order not to be	4272
issued, the court shall deny the motion and shall not issue the	4273
requested order. If the offender does not request a hearing within	4274
the prescribed time or if the court conducts a hearing but does	4275
not determine, based on evidence presented by the offender, that	4276
there is good cause for the order not to be issued, the court	4277
shall order the specified retirement system, the specified	4278
provider under the alternative retirement plan, or the specified	4279
deferred compensation program, or, if more than one is specified	4280
in the motion, the applicable combination of these, to withhold	4281
the amount required as restitution under division (C)(2)(a) of	4282
this section from any payments to be made under a pension,	4283
annuity, or allowance, under a participant account, as defined in	4284
section 148.01 of the Revised Code, under an option in the	4285
alternative retirement plan, or under any other type of benefit,	4286
other than a survivorship benefit, that has been or is in the	4287
future granted to the offender, from any payment of accumulated	4288
employee contributions standing to the offender's credit with that	4289
retirement system, that provider under the alternative retirement	4290
plan, or that deferred compensation program, or, if more than one	4291
is specified in the motion, the applicable combination of these,	4292
and from any payment of any other amounts to be paid to the	4293
offender upon the offender's withdrawal of the offender's	4294
contributions pursuant to Chapter 145., 148., 742., 3307., 3309.,	4295
or 5505. of the Revised Code, and to continue the withholding for	4296
that purpose, in accordance with the order, out of each payment to	4297
be made on or after the date of issuance of the order, until	4298
further order of the court. Upon receipt of an order issued under	4299
this division, the public employees retirement system, the Ohio	4300
police and fire pension fund, the state teachers retirement	4301
system, the school employees retirement system, the state highway	4302
patrol retirement system, a municipal corporation retirement	4303
system, the provider under the alternative retirement plan, and	4304
the deferred compensation program offered by the Ohio public	4305
employees deferred compensation board, a municipal corporation, or	4306
a government unit, as defined in section 148.06 of the Revised	4307
Code, whichever are applicable, shall withhold the amount required	4308
as restitution, in accordance with the order, from any such	4309
payments and immediately shall forward the amount withheld to the	4310
clerk of the court in which the order was issued for payment to	4311
the entity to which restitution is to be made.	4312

(iii) Service of a notice required by division (C)(2)(b)(i)	4313
or (ii) of this section shall be effected in the same manner as	4314
provided in the Rules of Civil Procedure for the service of	4315
process.	4316

(D) Upon the filing of charges against a person under this	4317
section, the prosecutor, as defined in section 2935.01 of the	4318
Revised Code, who is assigned the case shall send written notice	4319
that charges have been filed against that person to the public	4320
employees retirement system, the Ohio police and fire pension	4321
fund, the state teachers retirement system, the school employees	4322
retirement system, the state highway patrol retirement system, the	4323
provider under an alternative retirement plan, any municipal	4324
corporation retirement system in this state, and the deferred	4325
compensation program offered by the Ohio public employees deferred	4326
compensation board, a municipal corporation, or a government unit,	4327
as defined in section 148.06 of the Revised Code. The written	4328
notice shall specifically identify the person charged.	4329

Sec. 2923.31. As used in sections 2923.31 to 2923.36 of the	4330
Revised Code:	4331

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

4332

(1) The interest of a person as a beneficiary under a trust	4333
in which the trustee holds title to personal or real property;	4334

(2) The interest of a person as a beneficiary under any other	4335
trust arrangement under which any other person holds title to	4336
personal or real property for the benefit of such person;	4337

(3) The interest of a person under any other form of express	4338
fiduciary arrangement under which any other person holds title to	4339
personal or real property for the benefit of such person.	4340

"Beneficial interest" does not include the interest of a	4341
stockholder in a corporation or the interest of a partner in	4342
either a general or limited partnership.	4343

(B) "Costs of investigation and prosecution" and "costs of	4344
investigation and litigation" mean all of the costs incurred by	4345
the state or a county or municipal corporation under sections	4346
2923.31 to 2923.36 of the Revised Code in the prosecution and	4347
investigation of any criminal action or in the litigation and	4348
investigation of any civil action, and includes, but is not	4349
limited to, the costs of resources and personnel.	4350

(C) "Enterprise" includes any individual, sole	4351
proprietorship, partnership, limited partnership, corporation,	4352
trust, union, government agency, or other legal entity, or any	4353
organization, association, or group of persons associated in fact	4354
although not a legal entity. "Enterprise" includes illicit as well	4355
as licit enterprises.	4356

(D) "Innocent person" includes any bona fide purchaser of	4357
property that is allegedly involved in a violation of section	4358
2923.32 of the Revised Code, including any person who establishes	4359
a valid claim to or interest in the property in accordance with	4360
division (E) of section 2981.04 of the Revised Code, and any	4361
victim of an alleged violation of that section or of any	4362
underlying offense involved in an alleged violation of that	4363
section.	4364

(E) "Pattern of corrupt activity" means two or more incidents	4365
of corrupt activity, whether or not there has been a prior	4366
conviction, that are related to the affairs of the same	4367
enterprise, are not isolated, and are not so closely related to	4368
each other and connected in time and place that they constitute a	4369
single event.	4370

At least one of the incidents forming the pattern shall occur	4371
on or after January 1, 1986. Unless any incident was an aggravated	4372
murder or murder, the last of the incidents forming the pattern	4373
shall occur within six years after the commission of any prior	4374
incident forming the pattern, excluding any period of imprisonment	4375
served by any person engaging in the corrupt activity.	4376

For the purposes of the criminal penalties that may be	4377
imposed pursuant to section 2923.32 of the Revised Code, at least	4378
one of the incidents forming the pattern shall constitute a felony	4379
under the laws of this state in existence at the time it was	4380
committed or, if committed in violation of the laws of the United	4381
States or of any other state, shall constitute a felony under the	4382
law of the United States or the other state and would be a	4383
criminal offense under the law of this state if committed in this	4384
state.	4385

(F) "Pecuniary value" means money, a negotiable instrument, a	4386
commercial interest, or anything of value, as defined in section	4387
1.03 of the Revised Code, or any other property or service that	4388
has a value in excess of one hundred dollars.	4389

(G) "Person" means any person, as defined in section 1.59 of	4390
the Revised Code, and any governmental officer, employee, or	4391
entity.	4392

(H) "Personal property" means any personal property, any	4393
interest in personal property, or any right, including, but not	4394
limited to, bank accounts, debts, corporate stocks, patents, or	4395
copyrights. Personal property and any beneficial interest in	4396
personal property are deemed to be located where the trustee of	4397
the property, the personal property, or the instrument evidencing	4398
the right is located.	4399

(I) "Corrupt activity" means engaging in, attempting to	4400
engage in, conspiring to engage in, or soliciting, coercing, or	4401
intimidating another person to engage in any of the following:	4402

(1) Conduct defined as "racketeering activity" under the	4403
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.	4404
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;	4405

(2) Conduct constituting any of the following:

4406

(a) A violation of section 1315.55, 1322.02, 2903.01,	4407
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,	4408
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03,	4409
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	4410
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05,	4411
2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32,	4412
2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division	4413
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2)	4414
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of	4415
section 1707.44; division (A)(1) or (2) of section 2923.20;	4416
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or	4417
4719.06; division (C), (D), or (E) of section 4719.07; section	4418
4719.08; or division (A) of section 4719.09 of the Revised Code.	4419

(b) Any violation of section 3769.11, 3769.15, 3769.16, or	4420
3769.19 of the Revised Code as it existed prior to July 1, 1996,	4421
any violation of section 2915.02 of the Revised Code that occurs	4422
on or after July 1, 1996, and that, had it occurred prior to that	4423
date, would have been a violation of section 3769.11 of the	4424
Revised Code as it existed prior to that date, or any violation of	4425
section 2915.05 of the Revised Code that occurs on or after July	4426
1, 1996, and that, had it occurred prior to that date, would have	4427
been a violation of section 3769.15, 3769.16, or 3769.19 of the	4428
Revised Code as it existed prior to that date.	4429

(c) Any violation of section 2907.21, 2907.22, 2907.31,	4430
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,	4431
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37	4432
of the Revised Code, any violation of section 2925.11 of the	4433
Revised Code that is a felony of the first, second, third, or	4434
fourth degree and that occurs on or after July 1, 1996, any	4435
violation of section 2915.02 of the Revised Code that occurred	4436
prior to July 1, 1996, any violation of section 2915.02 of the	4437
Revised Code that occurs on or after July 1, 1996, and that, had	4438
it occurred prior to that date, would not have been a violation of	4439
section 3769.11 of the Revised Code as it existed prior to that	4440
date, any violation of section 2915.06 of the Revised Code as it	4441
existed prior to July 1, 1996, or any violation of division (B) of	4442
section 2915.05 of the Revised Code as it exists on and after July	4443
1, 1996, when the proceeds of the violation, the payments made in	4444
the violation, the amount of a claim for payment or for any other	4445
benefit that is false or deceptive and that is involved in the	4446
violation, or the value of the contraband or other property	4447
illegally possessed, sold, or purchased in the violation exceeds	4448
~~five hundred~~one thousand dollars, or any combination of	4449
violations described in division (I)(2)(c) of this section when	4450
the total proceeds of the combination of violations, payments made	4451
in the combination of violations, amount of the claims for payment	4452
or for other benefits that is false or deceptive and that is	4453
involved in the combination of violations, or value of the	4454
contraband or other property illegally possessed, sold, or	4455
purchased in the combination of violations exceeds ~~five hundred~~	4456
one thousand dollars;	4457

(d) Any violation of section 5743.112 of the Revised Code	4458
when the amount of unpaid tax exceeds one hundred dollars;	4459

(e) Any violation or combination of violations of section	4460
2907.32 of the Revised Code involving any material or performance	4461
containing a display of bestiality or of sexual conduct, as	4462
defined in section 2907.01 of the Revised Code, that is explicit	4463
and depicted with clearly visible penetration of the genitals or	4464
clearly visible penetration by the penis of any orifice when the	4465
total proceeds of the violation or combination of violations, the	4466
payments made in the violation or combination of violations, or	4467
the value of the contraband or other property illegally possessed,	4468
sold, or purchased in the violation or combination of violations	4469
exceeds ~~five hundred~~one thousand dollars;	4470

(f) Any combination of violations described in division	4471
(I)(2)(c) of this section and violations of section 2907.32 of the	4472
Revised Code involving any material or performance containing a	4473
display of bestiality or of sexual conduct, as defined in section	4474
2907.01 of the Revised Code, that is explicit and depicted with	4475
clearly visible penetration of the genitals or clearly visible	4476
penetration by the penis of any orifice when the total proceeds of	4477
the combination of violations, payments made in the combination of	4478
violations, amount of the claims for payment or for other benefits	4479
that is false or deceptive and that is involved in the combination	4480
of violations, or value of the contraband or other property	4481
illegally possessed, sold, or purchased in the combination of	4482
violations exceeds ~~five hundred~~one thousand dollars;	4483

(g) Any violation of section 2905.32 of the Revised Code to	4484
the extent the violation is not based solely on the same conduct	4485
that constitutes corrupt activity pursuant to division (I)(2)(c)	4486
of this section due to the conduct being in violation of section	4487
2907.21 of the Revised Code.	4488

(3) Conduct constituting a violation of any law of any state	4489
other than this state that is substantially similar to the conduct	4490
described in division (I)(2) of this section, provided the	4491
defendant was convicted of the conduct in a criminal proceeding in	4492
the other state;	4493

(4) Animal or ecological terrorism;

4494

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

4495

(i) Organized retail theft;

4496

(ii) Conduct that constitutes one or more violations of any	4497
law of any state other than this state, that is substantially	4498
similar to organized retail theft, and that if committed in this	4499
state would be organized retail theft, if the defendant was	4500
convicted of or pleaded guilty to the conduct in a criminal	4501
proceeding in the other state.	4502

(b) By enacting division (I)(5)(a) of this section, it is the	4503
intent of the general assembly to add organized retail theft and	4504
the conduct described in division (I)(5)(a)(ii) of this section as	4505
conduct constituting corrupt activity. The enactment of division	4506
(I)(5)(a) of this section and the addition by division (I)(5)(a)	4507
of this section of organized retail theft and the conduct	4508
described in division (I)(5)(a)(ii) of this section as conduct	4509
constituting corrupt activity does not limit or preclude, and	4510
shall not be construed as limiting or precluding, any prosecution	4511
for a violation of section 2923.32 of the Revised Code that is	4512
based on one or more violations of section 2913.02 or 2913.51 of	4513
the Revised Code, one or more similar offenses under the laws of	4514
this state or any other state, or any combination of any of those	4515
violations or similar offenses, even though the conduct	4516
constituting the basis for those violations or offenses could be	4517
construed as also constituting organized retail theft or conduct	4518
of the type described in division (I)(5)(a)(ii) of this section.	4519

(J) "Real property" means any real property or any interest	4520
in real property, including, but not limited to, any lease of, or	4521
mortgage upon, real property. Real property and any beneficial	4522
interest in it is deemed to be located where the real property is	4523
located.	4524

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

4525

(1) Any person acting as trustee under a trust in which the	4526
trustee holds title to personal or real property;	4527

(2) Any person who holds title to personal or real property	4528
for which any other person has a beneficial interest;	4529

(3) Any successor trustee.

4530

"Trustee" does not include an assignee or trustee for an	4531
insolvent debtor or an executor, administrator, administrator with	4532
the will annexed, testamentary trustee, guardian, or committee,	4533
appointed by, under the control of, or accountable to a court.	4534

(L) "Unlawful debt" means any money or other thing of value	4535
constituting principal or interest of a debt that is legally	4536
unenforceable in this state in whole or in part because the debt	4537
was incurred or contracted in violation of any federal or state	4538
law relating to the business of gambling activity or relating to	4539
the business of lending money at an usurious rate unless the	4540
creditor proves, by a preponderance of the evidence, that the	4541
usurious rate was not intentionally set and that it resulted from	4542
a good faith error by the creditor, notwithstanding the	4543
maintenance of procedures that were adopted by the creditor to	4544
avoid an error of that nature.	4545

(M) "Animal activity" means any activity that involves the	4546
use of animals or animal parts, including, but not limited to,	4547
hunting, fishing, trapping, traveling, camping, the production,	4548
preparation, or processing of food or food products, clothing or	4549
garment manufacturing, medical research, other research,	4550
entertainment, recreation, agriculture, biotechnology, or service	4551
activity that involves the use of animals or animal parts.	4552

(N) "Animal facility" means a vehicle, building, structure,	4553
nature preserve, or other premises in which an animal is lawfully	4554
kept, handled, housed, exhibited, bred, or offered for sale,	4555
including, but not limited to, a zoo, rodeo, circus, amusement	4556
park, hunting preserve, or premises in which a horse or dog event	4557
is held.	4558

(O) "Animal or ecological terrorism" means the commission of	4559
any felony that involves causing or creating a substantial risk of	4560
physical harm to any property of another, the use of a deadly	4561
weapon or dangerous ordnance, or purposely, knowingly, or	4562
recklessly causing serious physical harm to property and that	4563
involves an intent to obstruct, impede, or deter any person from	4564
participating in a lawful animal activity, from mining, foresting,	4565
harvesting, gathering, or processing natural resources, or from	4566
being lawfully present in or on an animal facility or research	4567
facility.	4568

(P) "Research facility" means a place, laboratory,	4569
institution, medical care facility, government facility, or public	4570
or private educational institution in which a scientific test,	4571
experiment, or investigation involving the use of animals or other	4572
living organisms is lawfully carried out, conducted, or attempted.	4573

(Q) "Organized retail theft" means the theft of retail	4574
property with a retail value of ~~five hundred~~one thousand dollars	4575
or more from one or more retail establishments with the intent to	4576
sell, deliver, or transfer that property to a retail property	4577
fence.	4578

(R) "Retail property" means any tangible personal property	4579
displayed, held, stored, or offered for sale in or by a retail	4580
establishment.	4581

(S) "Retail property fence" means a person who possesses,	4582
procures, receives, or conceals retail property that was	4583
represented to the person as being stolen or that the person knows	4584
or believes to be stolen.	4585

(T) "Retail value" means the full retail value of the retail	4586
property. In determining whether the retail value of retail	4587
property equals or exceeds ~~five hundred~~one thousand dollars, the	4588
value of all retail property stolen from the retail establishment	4589
or retail establishments by the same person or persons within any	4590
one-hundred-eighty-day period shall be aggregated.	4591

Sec. 2925.01. As used in this chapter:

4592

(A) "Administer," "controlled substance," "dispense,"	4593
"distribute," "hypodermic," "manufacturer," "official written	4594
order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"	4595
"schedule II," "schedule III," "schedule IV," "schedule V," and	4596
"wholesaler" have the same meanings as in section 3719.01 of the	4597
Revised Code.	4598

(B) "Drug dependent person" and "drug of abuse" have the same	4599
meanings as in section 3719.011 of the Revised Code.	4600

(C) "Drug," "dangerous drug," "licensed health professional	4601
authorized to prescribe drugs," and "prescription" have the same	4602
meanings as in section 4729.01 of the Revised Code.	4603

(D) "Bulk amount" of a controlled substance means any of the	4604
following:	4605

(1) For any compound, mixture, preparation, or substance	4606
included in schedule I, schedule II, or schedule III, with the	4607
exception of marihuana, cocaine, L.S.D., heroin, and hashish and	4608
except as provided in division (D)(2) or (5) of this section,	4609
whichever of the following is applicable:	4610

(a) An amount equal to or exceeding ten grams or twenty-five	4611
unit doses of a compound, mixture, preparation, or substance that	4612
is or contains any amount of a schedule I opiate or opium	4613
derivative;	4614

(b) An amount equal to or exceeding ten grams of a compound,	4615
mixture, preparation, or substance that is or contains any amount	4616
of raw or gum opium;	4617

(c) An amount equal to or exceeding thirty grams or ten unit	4618
doses of a compound, mixture, preparation, or substance that is or	4619
contains any amount of a schedule I hallucinogen other than	4620
tetrahydrocannabinol or lysergic acid amide, or a schedule I	4621
stimulant or depressant;	4622

(d) An amount equal to or exceeding twenty grams or five	4623
times the maximum daily dose in the usual dose range specified in	4624
a standard pharmaceutical reference manual of a compound, mixture,	4625
preparation, or substance that is or contains any amount of a	4626
schedule II opiate or opium derivative;	4627

(e) An amount equal to or exceeding five grams or ten unit	4628
doses of a compound, mixture, preparation, or substance that is or	4629
contains any amount of phencyclidine;	4630

(f) An amount equal to or exceeding one hundred twenty grams	4631
or thirty times the maximum daily dose in the usual dose range	4632
specified in a standard pharmaceutical reference manual of a	4633
compound, mixture, preparation, or substance that is or contains	4634
any amount of a schedule II stimulant that is in a final dosage	4635
form manufactured by a person authorized by the "Federal Food,	4636
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as	4637
amended, and the federal drug abuse control laws, as defined in	4638
section 3719.01 of the Revised Code, that is or contains any	4639
amount of a schedule II depressant substance or a schedule II	4640
hallucinogenic substance;	4641

(g) An amount equal to or exceeding three grams of a	4642
compound, mixture, preparation, or substance that is or contains	4643
any amount of a schedule II stimulant, or any of its salts or	4644
isomers, that is not in a final dosage form manufactured by a	4645
person authorized by the Federal Food, Drug, and Cosmetic Act and	4646
the federal drug abuse control laws.	4647

(2) An amount equal to or exceeding one hundred twenty grams	4648
or thirty times the maximum daily dose in the usual dose range	4649
specified in a standard pharmaceutical reference manual of a	4650
compound, mixture, preparation, or substance that is or contains	4651
any amount of a schedule III or IV substance other than an	4652
anabolic steroid or a schedule III opiate or opium derivative;	4653

(3) An amount equal to or exceeding twenty grams or five	4654
times the maximum daily dose in the usual dose range specified in	4655
a standard pharmaceutical reference manual of a compound, mixture,	4656
preparation, or substance that is or contains any amount of a	4657
schedule III opiate or opium derivative;	4658

(4) An amount equal to or exceeding two hundred fifty	4659
milliliters or two hundred fifty grams of a compound, mixture,	4660
preparation, or substance that is or contains any amount of a	4661
schedule V substance;	4662

(5) An amount equal to or exceeding two hundred solid dosage	4663
units, sixteen grams, or sixteen milliliters of a compound,	4664
mixture, preparation, or substance that is or contains any amount	4665
of a schedule III anabolic steroid.	4666

(E) "Unit dose" means an amount or unit of a compound,	4667
mixture, or preparation containing a controlled substance that is	4668
separately identifiable and in a form that indicates that it is	4669
the amount or unit by which the controlled substance is separately	4670
administered to or taken by an individual.	4671

(F) "Cultivate" includes planting, watering, fertilizing, or	4672
tilling.	4673

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

4674

(1) A violation of division (A) of section 2913.02 that	4675
constitutes theft of drugs, or a violation of section 2925.02,	4676
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,	4677
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or	4678
2925.37 of the Revised Code;	4679

(2) A violation of an existing or former law of this or any	4680
other state or of the United States that is substantially	4681
equivalent to any section listed in division (G)(1) of this	4682
section;	4683

(3) An offense under an existing or former law of this or any	4684
other state, or of the United States, of which planting,	4685
cultivating, harvesting, processing, making, manufacturing,	4686
producing, shipping, transporting, delivering, acquiring,	4687
possessing, storing, distributing, dispensing, selling, inducing	4688
another to use, administering to another, using, or otherwise	4689
dealing with a controlled substance is an element;	4690

(4) A conspiracy to commit, attempt to commit, or complicity	4691
in committing or attempting to commit any offense under division	4692
(G)(1), (2), or (3) of this section.	4693

(H) "Felony drug abuse offense" means any drug abuse offense	4694
that would constitute a felony under the laws of this state, any	4695
other state, or the United States.	4696

(I) "Harmful intoxicant" does not include beer or	4697
intoxicating liquor but means any of the following:	4698

(1) Any compound, mixture, preparation, or substance the gas,	4699
fumes, or vapor of which when inhaled can induce intoxication,	4700
excitement, giddiness, irrational behavior, depression,	4701
stupefaction, paralysis, unconsciousness, asphyxiation, or other	4702
harmful physiological effects, and includes, but is not limited	4703
to, any of the following:	4704

(a) Any volatile organic solvent, plastic cement, model	4705
cement, fingernail polish remover, lacquer thinner, cleaning	4706
fluid, gasoline, or other preparation containing a volatile	4707
organic solvent;	4708

(b) Any aerosol propellant;

4709

4710

(d) Any anesthetic gas.

4711

(2) Gamma Butyrolactone;

4712

(3) 1,4 Butanediol.

4713

(J) "Manufacture" means to plant, cultivate, harvest,	4714
process, make, prepare, or otherwise engage in any part of the	4715
production of a drug, by propagation, extraction, chemical	4716
synthesis, or compounding, or any combination of the same, and	4717
includes packaging, repackaging, labeling, and other activities	4718
incident to production.	4719

(K) "Possess" or "possession" means having control over a	4720
thing or substance, but may not be inferred solely from mere	4721
access to the thing or substance through ownership or occupation	4722
of the premises upon which the thing or substance is found.	4723

(L) "Sample drug" means a drug or pharmaceutical preparation	4724
that would be hazardous to health or safety if used without the	4725
supervision of a licensed health professional authorized to	4726
prescribe drugs, or a drug of abuse, and that, at one time, had	4727
been placed in a container plainly marked as a sample by a	4728
manufacturer.	4729

(M) "Standard pharmaceutical reference manual" means the	4730
current edition, with cumulative changes if any, of any of the	4731
following reference works:	4732

(1) "The National Formulary";

4733

(2) "The United States Pharmacopeia," prepared by authority	4734
of the United States Pharmacopeial Convention, Inc.;	4735

(3) Other standard references that are approved by the state	4736
board of pharmacy.	4737

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

4738

(O) "Counterfeit controlled substance" means any of the	4739
following:	4740

(1) Any drug that bears, or whose container or label bears, a	4741
trademark, trade name, or other identifying mark used without	4742
authorization of the owner of rights to that trademark, trade	4743
name, or identifying mark;	4744

(2) Any unmarked or unlabeled substance that is represented	4745
to be a controlled substance manufactured, processed, packed, or	4746
distributed by a person other than the person that manufactured,	4747
processed, packed, or distributed it;	4748

(3) Any substance that is represented to be a controlled	4749
substance but is not a controlled substance or is a different	4750
controlled substance;	4751

(4) Any substance other than a controlled substance that a	4752
reasonable person would believe to be a controlled substance	4753
because of its similarity in shape, size, and color, or its	4754
markings, labeling, packaging, distribution, or the price for	4755
which it is sold or offered for sale.	4756

(P) An offense is "committed in the vicinity of a school" if	4757
the offender commits the offense on school premises, in a school	4758
building, or within one thousand feet of the boundaries of any	4759
school premises, regardless of whether the offender knows the	4760
offense is being committed on school premises, in a school	4761
building, or within one thousand feet of the boundaries of any	4762
school premises.	4763

(Q) "School" means any school operated by a board of	4764
education, any community school established under Chapter 3314. of	4765
the Revised Code, or any nonpublic school for which the state	4766
board of education prescribes minimum standards under section	4767
3301.07 of the Revised Code, whether or not any instruction,	4768
extracurricular activities, or training provided by the school is	4769
being conducted at the time a criminal offense is committed.	4770

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

4771

(1) The parcel of real property on which any school is	4772
situated, whether or not any instruction, extracurricular	4773
activities, or training provided by the school is being conducted	4774
on the premises at the time a criminal offense is committed;	4775

(2) Any other parcel of real property that is owned or leased	4776
by a board of education of a school, the governing authority of a	4777
community school established under Chapter 3314. of the Revised	4778
Code, or the governing body of a nonpublic school for which the	4779
state board of education prescribes minimum standards under	4780
section 3301.07 of the Revised Code and on which some of the	4781
instruction, extracurricular activities, or training of the school	4782
is conducted, whether or not any instruction, extracurricular	4783
activities, or training provided by the school is being conducted	4784
on the parcel of real property at the time a criminal offense is	4785
committed.	4786

(S) "School building" means any building in which any of the	4787
instruction, extracurricular activities, or training provided by a	4788
school is conducted, whether or not any instruction,	4789
extracurricular activities, or training provided by the school is	4790
being conducted in the school building at the time a criminal	4791
offense is committed.	4792

(T) "Disciplinary counsel" means the disciplinary counsel	4793
appointed by the board of commissioners on grievances and	4794
discipline of the supreme court under the Rules for the Government	4795
of the Bar of Ohio.	4796

(U) "Certified grievance committee" means a duly constituted	4797
and organized committee of the Ohio state bar association or of	4798
one or more local bar associations of the state of Ohio that	4799
complies with the criteria set forth in Rule V, section 6 of the	4800
Rules for the Government of the Bar of Ohio.	4801

(V) "Professional license" means any license, permit,	4802
certificate, registration, qualification, admission, temporary	4803
license, temporary permit, temporary certificate, or temporary	4804
registration that is described in divisions (W)(1) to (36) of this	4805
section and that qualifies a person as a professionally licensed	4806
person.	4807

(W) "Professionally licensed person" means any of the	4808
following:	4809

(1) A person who has obtained a license as a manufacturer of	4810
controlled substances or a wholesaler of controlled substances	4811
under Chapter 3719. of the Revised Code;	4812

(2) A person who has received a certificate or temporary	4813
certificate as a certified public accountant or who has registered	4814
as a public accountant under Chapter 4701. of the Revised Code and	4815
who holds an Ohio permit issued under that chapter;	4816

(3) A person who holds a certificate of qualification to	4817
practice architecture issued or renewed and registered under	4818
Chapter 4703. of the Revised Code;	4819

(4) A person who is registered as a landscape architect under	4820
Chapter 4703. of the Revised Code or who holds a permit as a	4821
landscape architect issued under that chapter;	4822

(5) A person licensed under Chapter 4707. of the Revised	4823
Code;	4824

(6) A person who has been issued a certificate of	4825
registration as a registered barber under Chapter 4709. of the	4826
Revised Code;	4827

(7) A person licensed and regulated to engage in the business	4828
of a debt pooling company by a legislative authority, under	4829
authority of Chapter 4710. of the Revised Code;	4830

(8) A person who has been issued a cosmetologist's license,	4831
hair designer's license, manicurist's license, esthetician's	4832
license, natural hair stylist's license, managing cosmetologist's	4833
license, managing hair designer's license, managing manicurist's	4834
license, managing esthetician's license, managing natural hair	4835
stylist's license, cosmetology instructor's license, hair design	4836
instructor's license, manicurist instructor's license, esthetics	4837
instructor's license, natural hair style instructor's license,	4838
independent contractor's license, or tanning facility permit under	4839
Chapter 4713. of the Revised Code;	4840

(9) A person who has been issued a license to practice	4841
dentistry, a general anesthesia permit, a conscious intravenous	4842
sedation permit, a limited resident's license, a limited teaching	4843
license, a dental hygienist's license, or a dental hygienist's	4844
teacher's certificate under Chapter 4715. of the Revised Code;	4845

(10) A person who has been issued an embalmer's license, a	4846
funeral director's license, a funeral home license, or a crematory	4847
license, or who has been registered for an embalmer's or funeral	4848
director's apprenticeship under Chapter 4717. of the Revised Code;	4849

(11) A person who has been licensed as a registered nurse or	4850
practical nurse, or who has been issued a certificate for the	4851
practice of nurse-midwifery under Chapter 4723. of the Revised	4852
Code;	4853

(12) A person who has been licensed to practice optometry or	4854
to engage in optical dispensing under Chapter 4725. of the Revised	4855
Code;	4856

(13) A person licensed to act as a pawnbroker under Chapter	4857
4727. of the Revised Code;	4858

(14) A person licensed to act as a precious metals dealer	4859
under Chapter 4728. of the Revised Code;	4860

(15) A person licensed as a pharmacist, a pharmacy intern, a	4861
wholesale distributor of dangerous drugs, or a terminal	4862
distributor of dangerous drugs under Chapter 4729. of the Revised	4863
Code;	4864

(16) A person who is authorized to practice as a physician	4865
assistant under Chapter 4730. of the Revised Code;	4866

(17) A person who has been issued a certificate to practice	4867
medicine and surgery, osteopathic medicine and surgery, a limited	4868
branch of medicine, or podiatry under Chapter 4731. of the Revised	4869
Code;	4870

(18) A person licensed as a psychologist or school	4871
psychologist under Chapter 4732. of the Revised Code;	4872

(19) A person registered to practice the profession of	4873
engineering or surveying under Chapter 4733. of the Revised Code;	4874

(20) A person who has been issued a license to practice	4875
chiropractic under Chapter 4734. of the Revised Code;	4876

(21) A person licensed to act as a real estate broker or real	4877
estate salesperson under Chapter 4735. of the Revised Code;	4878

(22) A person registered as a registered sanitarian under	4879
Chapter 4736. of the Revised Code;	4880

(23) A person licensed to operate or maintain a junkyard	4881
under Chapter 4737. of the Revised Code;	4882

(24) A person who has been issued a motor vehicle salvage	4883
dealer's license under Chapter 4738. of the Revised Code;	4884

(25) A person who has been licensed to act as a steam	4885
engineer under Chapter 4739. of the Revised Code;	4886

(26) A person who has been issued a license or temporary	4887
permit to practice veterinary medicine or any of its branches, or	4888
who is registered as a graduate animal technician under Chapter	4889
4741. of the Revised Code;	4890

(27) A person who has been issued a hearing aid dealer's or	4891
fitter's license or trainee permit under Chapter 4747. of the	4892
Revised Code;	4893

(28) A person who has been issued a class A, class B, or	4894
class C license or who has been registered as an investigator or	4895
security guard employee under Chapter 4749. of the Revised Code;	4896

(29) A person licensed and registered to practice as a	4897
nursing home administrator under Chapter 4751. of the Revised	4898
Code;	4899

(30) A person licensed to practice as a speech-language	4900
pathologist or audiologist under Chapter 4753. of the Revised	4901
Code;	4902

(31) A person issued a license as an occupational therapist	4903
or physical therapist under Chapter 4755. of the Revised Code;	4904

(32) A person who is licensed as a professional clinical	4905
counselor or professional counselor, licensed as a social worker	4906
or independent social worker, or registered as a social work	4907
assistant under Chapter 4757. of the Revised Code;	4908

(33) A person issued a license to practice dietetics under	4909
Chapter 4759. of the Revised Code;	4910

(34) A person who has been issued a license or limited permit	4911
to practice respiratory therapy under Chapter 4761. of the Revised	4912
Code;	4913

(35) A person who has been issued a real estate appraiser	4914
certificate under Chapter 4763. of the Revised Code;	4915

(36) A person who has been admitted to the bar by order of	4916
the supreme court in compliance with its prescribed and published	4917
rules.	4918

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

4919

(1) A cocaine salt, isomer, or derivative, a salt of a	4920
cocaine isomer or derivative, or the base form of cocaine;	4921

(2) Coca leaves or a salt, compound, derivative, or	4922
preparation of coca leaves, including ecgonine, a salt, isomer, or	4923
derivative of ecgonine, or a salt of an isomer or derivative of	4924
ecgonine;	4925

(3) A salt, compound, derivative, or preparation of a	4926
substance identified in division (X)(1) or (2) of this section	4927
that is chemically equivalent to or identical with any of those	4928
substances, except that the substances shall not include	4929
decocainized coca leaves or extraction of coca leaves if the	4930
extractions do not contain cocaine or ecgonine.	4931

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

4932

(Z) "Hashish" means the resin or a preparation of the resin	4933
contained in marihuana, whether in solid form or in a liquid	4934
concentrate, liquid extract, or liquid distillate form.	4935

(AA) "Marihuana" has the same meaning as in section 3719.01	4936
of the Revised Code, except that it does not include hashish.	4937

(BB) An offense is "committed in the vicinity of a juvenile"	4938
if the offender commits the offense within one hundred feet of a	4939
juvenile or within the view of a juvenile, regardless of whether	4940
the offender knows the age of the juvenile, whether the offender	4941
knows the offense is being committed within one hundred feet of or	4942
within view of the juvenile, or whether the juvenile actually	4943
views the commission of the offense.	4944

(CC) "Presumption for a prison term" or "presumption that a	4945
prison term shall be imposed" means a presumption, as described in	4946
division (D) of section 2929.13 of the Revised Code, that a prison	4947
term is a necessary sanction for a felony in order to comply with	4948
the purposes and principles of sentencing under section 2929.11 of	4949
the Revised Code.	4950

(DD) "Major drug offender" has the same meaning as in section	4951
2929.01 of the Revised Code.	4952

(EE) "Minor drug possession offense" means either of the	4953
following:	4954

(1) A violation of section 2925.11 of the Revised Code as it	4955
existed prior to July 1, 1996;	4956

(2) A violation of section 2925.11 of the Revised Code as it	4957
exists on and after July 1, 1996, that is a misdemeanor or a	4958
felony of the fifth degree.	4959

(FF) "Mandatory prison term" has the same meaning as in	4960
section 2929.01 of the Revised Code.	4961

(GG) ~~"Crack cocaine" means a compound, mixture, preparation,~~	4962
~~or substance that is or contains any amount of cocaine that is~~	4963
~~analytically identified as the base form of cocaine or that is in~~	4964
~~a form that resembles rocks or pebbles generally intended for~~	4965
~~individual use.~~	4966

~~(HH)~~ "Adulterate" means to cause a drug to be adulterated as	4967
described in section 3715.63 of the Revised Code.	4968

~~(II)~~(HH) "Public premises" means any hotel, restaurant,	4969
tavern, store, arena, hall, or other place of public	4970
accommodation, business, amusement, or resort.	4971

~~(JJ)~~(II) "Methamphetamine" means methamphetamine, any salt,	4972
isomer, or salt of an isomer of methamphetamine, or any compound,	4973
mixture, preparation, or substance containing methamphetamine or	4974
any salt, isomer, or salt of an isomer of methamphetamine.	4975

~~(KK)~~(JJ) "Lawful prescription" means a prescription that is	4976
issued for a legitimate medical purpose by a licensed health	4977
professional authorized to prescribe drugs, that is not altered or	4978
forged, and that was not obtained by means of deception or by the	4979
commission of any theft offense.	4980

~~(LL)~~(KK) "Deception" and "theft offense" have the same	4981
meanings as in section 2913.01 of the Revised Code.	4982

Sec. 2925.03. (A) No person shall knowingly do any of the	4983
following:	4984

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

4985

(2) Prepare for shipment, ship, transport, deliver, prepare	4986
for distribution, or distribute a controlled substance, when the	4987
offender knows or has reasonable cause to believe that the	4988
controlled substance is intended for sale or resale by the	4989
offender or another person.	4990

(B) This section does not apply to any of the following:

4991

(1) Manufacturers, licensed health professionals authorized	4992
to prescribe drugs, pharmacists, owners of pharmacies, and other	4993
persons whose conduct is in accordance with Chapters 3719., 4715.,	4994
4723., 4729., 4730., 4731., and 4741. of the Revised Code;	4995

(2) If the offense involves an anabolic steroid, any person	4996
who is conducting or participating in a research project involving	4997
the use of an anabolic steroid if the project has been approved by	4998
the United States food and drug administration;	4999

(3) Any person who sells, offers for sale, prescribes,	5000
dispenses, or administers for livestock or other nonhuman species	5001
an anabolic steroid that is expressly intended for administration	5002
through implants to livestock or other nonhuman species and	5003
approved for that purpose under the "Federal Food, Drug, and	5004
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	5005
and is sold, offered for sale, prescribed, dispensed, or	5006
administered for that purpose in accordance with that act.	5007

(C) Whoever violates division (A) of this section is guilty	5008
of one of the following:	5009

(1) If the drug involved in the violation is any compound,	5010
mixture, preparation, or substance included in schedule I or	5011
schedule II, with the exception of marihuana, cocaine, L.S.D.,	5012
heroin, and hashish, whoever violates division (A) of this section	5013
is guilty of aggravated trafficking in drugs. The penalty for the	5014
offense shall be determined as follows:	5015

(a) Except as otherwise provided in division (C)(1)(b), (c),	5016
(d), (e), or (f) of this section, aggravated trafficking in drugs	5017
is a felony of the fourth degree, and division (C) of section	5018
2929.13 of the Revised Code applies in determining whether to	5019
impose a prison term on the offender.	5020

(b) Except as otherwise provided in division (C)(1)(c), (d),	5021
(e), or (f) of this section, if the offense was committed in the	5022
vicinity of a school or in the vicinity of a juvenile, aggravated	5023
trafficking in drugs is a felony of the third degree, and division	5024
(C) of section 2929.13 of the Revised Code applies in determining	5025
whether to impose a prison term on the offender.	5026

(c) Except as otherwise provided in this division, if the	5027
amount of the drug involved equals or exceeds the bulk amount but	5028
is less than five times the bulk amount, aggravated trafficking in	5029
drugs is a felony of the third degree, and the court shall impose	5030
as a mandatory prison term one of the prison terms prescribed for	5031
a felony of the third degree. If the amount of the drug involved	5032
is within that range and if the offense was committed in the	5033
vicinity of a school or in the vicinity of a juvenile, aggravated	5034
trafficking in drugs is a felony of the second degree, and the	5035
court shall impose as a mandatory prison term one of the prison	5036
terms prescribed for a felony of the second degree.	5037

(d) Except as otherwise provided in this division, if the	5038
amount of the drug involved equals or exceeds five times the bulk	5039
amount but is less than fifty times the bulk amount, aggravated	5040
trafficking in drugs is a felony of the second degree, and the	5041
court shall impose as a mandatory prison term one of the prison	5042
terms prescribed for a felony of the second degree. If the amount	5043
of the drug involved is within that range and if the offense was	5044
committed in the vicinity of a school or in the vicinity of a	5045
juvenile, aggravated trafficking in drugs is a felony of the first	5046
degree, and the court shall impose as a mandatory prison term one	5047
of the prison terms prescribed for a felony of the first degree.	5048

(e) If the amount of the drug involved equals or exceeds	5049
fifty times the bulk amount but is less than one hundred times the	5050
bulk amount and regardless of whether the offense was committed in	5051
the vicinity of a school or in the vicinity of a juvenile,	5052
aggravated trafficking in drugs is a felony of the first degree,	5053
and the court shall impose as a mandatory prison term one of the	5054
prison terms prescribed for a felony of the first degree.	5055

(f) If the amount of the drug involved equals or exceeds one	5056
hundred times the bulk amount and regardless of whether the	5057
offense was committed in the vicinity of a school or in the	5058
vicinity of a juvenile, aggravated trafficking in drugs is a	5059
felony of the first degree, the offender is a major drug offender,	5060
and the court shall impose as a mandatory prison term the maximum	5061
prison term prescribed for a felony of the first degree and may	5062
impose an additional prison term prescribed for a major drug	5063
offender under division (D)(3)(b) of section 2929.14 of the	5064
Revised Code.	5065

(2) If the drug involved in the violation is any compound,	5066
mixture, preparation, or substance included in schedule III, IV,	5067
or V, whoever violates division (A) of this section is guilty of	5068
trafficking in drugs. The penalty for the offense shall be	5069
determined as follows:	5070

(a) Except as otherwise provided in division (C)(2)(b), (c),	5071
(d), or (e) of this section, trafficking in drugs is a felony of	5072
the fifth degree, and division (C) of section 2929.13 of the	5073
Revised Code applies in determining whether to impose a prison	5074
term on the offender.	5075

(b) Except as otherwise provided in division (C)(2)(c), (d),	5076
or (e) of this section, if the offense was committed in the	5077
vicinity of a school or in the vicinity of a juvenile, trafficking	5078
in drugs is a felony of the fourth degree, and division (C) of	5079
section 2929.13 of the Revised Code applies in determining whether	5080
to impose a prison term on the offender.	5081

(c) Except as otherwise provided in this division, if the	5082
amount of the drug involved equals or exceeds the bulk amount but	5083
is less than five times the bulk amount, trafficking in drugs is a	5084
felony of the fourth degree, and there is a presumption for a	5085
prison term for the offense. If the amount of the drug involved is	5086
within that range and if the offense was committed in the vicinity	5087
of a school or in the vicinity of a juvenile, trafficking in drugs	5088
is a felony of the third degree, and there is a presumption for a	5089
prison term for the offense.	5090

(d) Except as otherwise provided in this division, if the	5091
amount of the drug involved equals or exceeds five times the bulk	5092
amount but is less than fifty times the bulk amount, trafficking	5093
in drugs is a felony of the third degree, and there is a	5094
presumption for a prison term for the offense. If the amount of	5095
the drug involved is within that range and if the offense was	5096
committed in the vicinity of a school or in the vicinity of a	5097
juvenile, trafficking in drugs is a felony of the second degree,	5098
and there is a presumption for a prison term for the offense.	5099

(e) Except as otherwise provided in this division, if the	5100
amount of the drug involved equals or exceeds fifty times the bulk	5101
amount, trafficking in drugs is a felony of the second degree, and	5102
the court shall impose as a mandatory prison term one of the	5103
prison terms prescribed for a felony of the second degree. If the	5104
amount of the drug involved equals or exceeds fifty times the bulk	5105
amount and if the offense was committed in the vicinity of a	5106
school or in the vicinity of a juvenile, trafficking in drugs is a	5107
felony of the first degree, and the court shall impose as a	5108
mandatory prison term one of the prison terms prescribed for a	5109
felony of the first degree.	5110

(3) If the drug involved in the violation is marihuana or a	5111
compound, mixture, preparation, or substance containing marihuana	5112
other than hashish, whoever violates division (A) of this section	5113
is guilty of trafficking in marihuana. The penalty for the offense	5114
shall be determined as follows:	5115

(a) Except as otherwise provided in division (C)(3)(b), (c),	5116
(d), (e), (f), or (g), or (h) of this section, trafficking in	5117
marihuana is a felony of the fifth degree, and division ~~(C)~~(B) of	5118
section 2929.13 of the Revised Code applies in determining whether	5119
to impose a prison term on the offender.	5120

(b) Except as otherwise provided in division (C)(3)(c), (d),	5121
(e), (f), or (g), or (h) of this section, if the offense was	5122
committed in the vicinity of a school or in the vicinity of a	5123
juvenile, trafficking in marihuana is a felony of the fourth	5124
degree, and division ~~(C)~~(B) of section 2929.13 of the Revised Code	5125
applies in determining whether to impose a prison term on the	5126
offender.	5127

(c) Except as otherwise provided in this division, if the	5128
amount of the drug involved equals or exceeds two hundred grams	5129
but is less than one thousand grams, trafficking in marihuana is a	5130
felony of the fourth degree, and division ~~(C)~~(B) of section	5131
2929.13 of the Revised Code applies in determining whether to	5132
impose a prison term on the offender. If the amount of the drug	5133
involved is within that range and if the offense was committed in	5134
the vicinity of a school or in the vicinity of a juvenile,	5135
trafficking in marihuana is a felony of the third degree, and	5136
division (C) of section 2929.13 of the Revised Code applies in	5137
determining whether to impose a prison term on the offender.	5138

(d) Except as otherwise provided in this division, if the	5139
amount of the drug involved equals or exceeds one thousand grams	5140
but is less than five thousand grams, trafficking in marihuana is	5141
a felony of the third degree, and division (C) of section 2929.13	5142
of the Revised Code applies in determining whether to impose a	5143
prison term on the offender. If the amount of the drug involved is	5144
within that range and if the offense was committed in the vicinity	5145
of a school or in the vicinity of a juvenile, trafficking in	5146
marihuana is a felony of the second degree, and there is a	5147
presumption that a prison term shall be imposed for the offense.	5148

(e) Except as otherwise provided in this division, if the	5149
amount of the drug involved equals or exceeds five thousand grams	5150
but is less than twenty thousand grams, trafficking in marihuana	5151
is a felony of the third degree, and there is a presumption that a	5152
prison term shall be imposed for the offense. If the amount of the	5153
drug involved is within that range and if the offense was	5154
committed in the vicinity of a school or in the vicinity of a	5155
juvenile, trafficking in marihuana is a felony of the second	5156
degree, and there is a presumption that a prison term shall be	5157
imposed for the offense.	5158

(f) Except as otherwise provided in this division, if the	5159
amount of the drug involved equals or exceeds twenty thousand	5160
grams but is less than forty thousand grams, trafficking in	5161
marihuana is a felony of the second degree, and the court shall	5162
impose a mandatory prison term of five, six, seven, or eight	5163
years. If the amount of the drug involved is within that range and	5164
if the offense was committed in the vicinity of a school or in the	5165
vicinity of a juvenile, trafficking in marihuana is a felony of	5166
the first degree, and the court shall impose as a mandatory prison	5167
term the maximum prison term prescribed for a felony of the first	5168
degree.	5169

(g) Except as otherwise provided in this division, if the	5170
amount of the drug involved equals or exceeds forty thousand	5171
grams, trafficking in marihuana is a felony of the second degree,	5172
and the court shall impose as a mandatory prison term the maximum	5173
prison term prescribed for a felony of the second degree. If the	5174
amount of the drug involved equals or exceeds ~~twenty~~forty	5175
thousand grams and if the offense was committed in the vicinity of	5176
a school or in the vicinity of a juvenile, trafficking in	5177
marihuana is a felony of the first degree, and the court shall	5178
impose as a mandatory prison term the maximum prison term	5179
prescribed for a felony of the first degree.	5180

~~(g)~~(h) Except as otherwise provided in this division, if the	5181
offense involves a gift of twenty grams or less of marihuana,	5182
trafficking in marihuana is a minor misdemeanor upon a first	5183
offense and a misdemeanor of the third degree upon a subsequent	5184
offense. If the offense involves a gift of twenty grams or less of	5185
marihuana and if the offense was committed in the vicinity of a	5186
school or in the vicinity of a juvenile, trafficking in marihuana	5187
is a misdemeanor of the third degree.	5188

(4) If the drug involved in the violation is cocaine or a	5189
compound, mixture, preparation, or substance containing cocaine,	5190
whoever violates division (A) of this section is guilty of	5191
trafficking in cocaine. The penalty for the offense shall be	5192
determined as follows:	5193

(a) Except as otherwise provided in division (C)(4)(b), (c),	5194
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	5195
felony of the fifth degree, and division (C) of section 2929.13 of	5196
the Revised Code applies in determining whether to impose a prison	5197
term on the offender.	5198

(b) Except as otherwise provided in division (C)(4)(c), (d),	5199
(e), (f), or (g) of this section, if the offense was committed in	5200
the vicinity of a school or in the vicinity of a juvenile,	5201
trafficking in cocaine is a felony of the fourth degree, and	5202
division (C) of section 2929.13 of the Revised Code applies in	5203
determining whether to impose a prison term on the offender.	5204

(c) Except as otherwise provided in this division, if the	5205
amount of the drug involved equals or exceeds five grams but is	5206
less than ten grams of cocaine ~~that is not crack cocaine or equals~~	5207
~~or exceeds one gram but is less than five grams of crack cocaine~~,	5208
trafficking in cocaine is a felony of the fourth degree, and there	5209
is a presumption for a prison term for the offense. If the amount	5210
of the drug involved is within ~~one of those ranges~~that range and	5211
if the offense was committed in the vicinity of a school or in the	5212
vicinity of a juvenile, trafficking in cocaine is a felony of the	5213
third degree, and there is a presumption for a prison term for the	5214
offense.	5215

(d) Except as otherwise provided in this division, if the	5216
amount of the drug involved equals or exceeds ten grams but is	5217
less than ~~one hundred~~twenty grams of cocaine ~~that is not crack~~	5218
~~cocaine or equals or exceeds five grams but is less than ten grams~~	5219
~~of crack cocaine~~, trafficking in cocaine is a felony of the third	5220
degree, and the court shall impose as a mandatory prison term one	5221
of the prison terms prescribed for a felony of the third degree.	5222
If the amount of the drug involved is within ~~one of those ranges~~	5223
that range and if the offense was committed in the vicinity of a	5224
school or in the vicinity of a juvenile, trafficking in cocaine is	5225
a felony of the second degree, and the court shall impose as a	5226
mandatory prison term one of the prison terms prescribed for a	5227
felony of the second degree.	5228

(e) Except as otherwise provided in this division, if the	5229
amount of the drug involved equals or exceeds ~~one hundred~~twenty	5230
grams but is less than ~~five hundred~~twenty-seven grams of cocaine	5231
~~that is not crack cocaine or equals or exceeds ten grams but is~~	5232
~~less than twenty-five grams of crack cocaine~~, trafficking in	5233
cocaine is a felony of the second degree, and the court shall	5234
impose as a mandatory prison term one of the prison terms	5235
prescribed for a felony of the second degree. If the amount of the	5236
drug involved is within ~~one of those ranges~~that range and if the	5237
offense was committed in the vicinity of a school or in the	5238
vicinity of a juvenile, trafficking in cocaine is a felony of the	5239
first degree, and the court shall impose as a mandatory prison	5240
term one of the prison terms prescribed for a felony of the first	5241
degree.	5242

(f) If the amount of the drug involved equals or exceeds ~~five~~	5243
~~hundred~~twenty-seven grams but is less than one ~~thousand~~hundred	5244
grams of cocaine ~~that is not crack cocaine or equals or exceeds~~	5245
~~twenty-five grams but is less than one hundred grams of crack~~	5246
~~cocaine~~ and regardless of whether the offense was committed in the	5247
vicinity of a school or in the vicinity of a juvenile, trafficking	5248
in cocaine is a felony of the first degree, and the court shall	5249
impose as a mandatory prison term one of the prison terms	5250
prescribed for a felony of the first degree.	5251

(g) If the amount of the drug involved equals or exceeds one	5252
~~thousand~~hundred grams of cocaine ~~that is not crack cocaine or~~	5253
~~equals or exceeds one hundred grams of crack cocaine~~ and	5254
regardless of whether the offense was committed in the vicinity of	5255
a school or in the vicinity of a juvenile, trafficking in cocaine	5256
is a felony of the first degree, the offender is a major drug	5257
offender, and the court shall impose as a mandatory prison term	5258
the maximum prison term prescribed for a felony of the first	5259
degree and may impose an additional mandatory prison term	5260
prescribed for a major drug offender under division (D)(3)(b) of	5261
section 2929.14 of the Revised Code.	5262

(5) If the drug involved in the violation is L.S.D. or a	5263
compound, mixture, preparation, or substance containing L.S.D.,	5264
whoever violates division (A) of this section is guilty of	5265
trafficking in L.S.D. The penalty for the offense shall be	5266
determined as follows:	5267

(a) Except as otherwise provided in division (C)(5)(b), (c),	5268
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	5269
felony of the fifth degree, and division (C) of section 2929.13 of	5270
the Revised Code applies in determining whether to impose a prison	5271
term on the offender.	5272

(b) Except as otherwise provided in division (C)(5)(c), (d),	5273
(e), (f), or (g) of this section, if the offense was committed in	5274
the vicinity of a school or in the vicinity of a juvenile,	5275
trafficking in L.S.D. is a felony of the fourth degree, and	5276
division (C) of section 2929.13 of the Revised Code applies in	5277
determining whether to impose a prison term on the offender.	5278

(c) Except as otherwise provided in this division, if the	5279
amount of the drug involved equals or exceeds ten unit doses but	5280
is less than fifty unit doses of L.S.D. in a solid form or equals	5281
or exceeds one gram but is less than five grams of L.S.D. in a	5282
liquid concentrate, liquid extract, or liquid distillate form,	5283
trafficking in L.S.D. is a felony of the fourth degree, and there	5284
is a presumption for a prison term for the offense. If the amount	5285
of the drug involved is within that range and if the offense was	5286
committed in the vicinity of a school or in the vicinity of a	5287
juvenile, trafficking in L.S.D. is a felony of the third degree,	5288
and there is a presumption for a prison term for the offense.	5289

(d) Except as otherwise provided in this division, if the	5290
amount of the drug involved equals or exceeds fifty unit doses but	5291
is less than two hundred fifty unit doses of L.S.D. in a solid	5292
form or equals or exceeds five grams but is less than twenty-five	5293
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	5294
distillate form, trafficking in L.S.D. is a felony of the third	5295
degree, and the court shall impose as a mandatory prison term one	5296
of the prison terms prescribed for a felony of the third degree.	5297
If the amount of the drug involved is within that range and if the	5298
offense was committed in the vicinity of a school or in the	5299
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	5300
second degree, and the court shall impose as a mandatory prison	5301
term one of the prison terms prescribed for a felony of the second	5302
degree.	5303

(e) Except as otherwise provided in this division, if the	5304
amount of the drug involved equals or exceeds two hundred fifty	5305
unit doses but is less than one thousand unit doses of L.S.D. in a	5306
solid form or equals or exceeds twenty-five grams but is less than	5307
one hundred grams of L.S.D. in a liquid concentrate, liquid	5308
extract, or liquid distillate form, trafficking in L.S.D. is a	5309
felony of the second degree, and the court shall impose as a	5310
mandatory prison term one of the prison terms prescribed for a	5311
felony of the second degree. If the amount of the drug involved is	5312
within that range and if the offense was committed in the vicinity	5313
of a school or in the vicinity of a juvenile, trafficking in	5314
L.S.D. is a felony of the first degree, and the court shall impose	5315
as a mandatory prison term one of the prison terms prescribed for	5316
a felony of the first degree.	5317

(f) If the amount of the drug involved equals or exceeds one	5318
thousand unit doses but is less than five thousand unit doses of	5319
L.S.D. in a solid form or equals or exceeds one hundred grams but	5320
is less than five hundred grams of L.S.D. in a liquid concentrate,	5321
liquid extract, or liquid distillate form and regardless of	5322
whether the offense was committed in the vicinity of a school or	5323
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	5324
of the first degree, and the court shall impose as a mandatory	5325
prison term one of the prison terms prescribed for a felony of the	5326
first degree.	5327

(g) If the amount of the drug involved equals or exceeds five	5328
thousand unit doses of L.S.D. in a solid form or equals or exceeds	5329
five hundred grams of L.S.D. in a liquid concentrate, liquid	5330
extract, or liquid distillate form and regardless of whether the	5331
offense was committed in the vicinity of a school or in the	5332
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	5333
first degree, the offender is a major drug offender, and the court	5334
shall impose as a mandatory prison term the maximum prison term	5335
prescribed for a felony of the first degree and may impose an	5336
additional mandatory prison term prescribed for a major drug	5337
offender under division (D)(3)(b) of section 2929.14 of the	5338
Revised Code.	5339

(6) If the drug involved in the violation is heroin or a	5340
compound, mixture, preparation, or substance containing heroin,	5341
whoever violates division (A) of this section is guilty of	5342
trafficking in heroin. The penalty for the offense shall be	5343
determined as follows:	5344

(a) Except as otherwise provided in division (C)(6)(b), (c),	5345
(d), (e), (f), or (g) of this section, trafficking in heroin is a	5346
felony of the fifth degree, and division (C) of section 2929.13 of	5347
the Revised Code applies in determining whether to impose a prison	5348
term on the offender.	5349

(b) Except as otherwise provided in division (C)(6)(c), (d),	5350
(e), (f), or (g) of this section, if the offense was committed in	5351
the vicinity of a school or in the vicinity of a juvenile,	5352
trafficking in heroin is a felony of the fourth degree, and	5353
division (C) of section 2929.13 of the Revised Code applies in	5354
determining whether to impose a prison term on the offender.	5355

(c) Except as otherwise provided in this division, if the	5356
amount of the drug involved equals or exceeds ten unit doses but	5357
is less than fifty unit doses or equals or exceeds one gram but is	5358
less than five grams, trafficking in heroin is a felony of the	5359
fourth degree, and there is a presumption for a prison term for	5360
the offense. If the amount of the drug involved is within that	5361
range and if the offense was committed in the vicinity of a school	5362
or in the vicinity of a juvenile, trafficking in heroin is a	5363
felony of the third degree, and there is a presumption for a	5364
prison term for the offense.	5365

(d) Except as otherwise provided in this division, if the	5366
amount of the drug involved equals or exceeds fifty unit doses but	5367
is less than one hundred unit doses or equals or exceeds five	5368
grams but is less than ten grams, trafficking in heroin is a	5369
felony of the third degree, and there is a presumption for a	5370
prison term for the offense. If the amount of the drug involved is	5371
within that range and if the offense was committed in the vicinity	5372
of a school or in the vicinity of a juvenile, trafficking in	5373
heroin is a felony of the second degree, and there is a	5374
presumption for a prison term for the offense.	5375

(e) Except as otherwise provided in this division, if the	5376
amount of the drug involved equals or exceeds one hundred unit	5377
doses but is less than five hundred unit doses or equals or	5378
exceeds ten grams but is less than fifty grams, trafficking in	5379
heroin is a felony of the second degree, and the court shall	5380
impose as a mandatory prison term one of the prison terms	5381
prescribed for a felony of the second degree. If the amount of the	5382
drug involved is within that range and if the offense was	5383
committed in the vicinity of a school or in the vicinity of a	5384
juvenile, trafficking in heroin is a felony of the first degree,	5385
and the court shall impose as a mandatory prison term one of the	5386
prison terms prescribed for a felony of the first degree.	5387

(f) If the amount of the drug involved equals or exceeds five	5388
hundred unit doses but is less than two thousand five hundred unit	5389
doses or equals or exceeds fifty grams but is less than two	5390
hundred fifty grams and regardless of whether the offense was	5391
committed in the vicinity of a school or in the vicinity of a	5392
juvenile, trafficking in heroin is a felony of the first degree,	5393
and the court shall impose as a mandatory prison term one of the	5394
prison terms prescribed for a felony of the first degree.	5395

(g) If the amount of the drug involved equals or exceeds two	5396
thousand five hundred unit doses or equals or exceeds two hundred	5397
fifty grams and regardless of whether the offense was committed in	5398
the vicinity of a school or in the vicinity of a juvenile,	5399
trafficking in heroin is a felony of the first degree, the	5400
offender is a major drug offender, and the court shall impose as a	5401
mandatory prison term the maximum prison term prescribed for a	5402
felony of the first degree and may impose an additional mandatory	5403
prison term prescribed for a major drug offender under division	5404
(D)(3)(b) of section 2929.14 of the Revised Code.	5405

(7) If the drug involved in the violation is hashish or a	5406
compound, mixture, preparation, or substance containing hashish,	5407
whoever violates division (A) of this section is guilty of	5408
trafficking in hashish. The penalty for the offense shall be	5409
determined as follows:	5410

(a) Except as otherwise provided in division (C)(7)(b), (c),	5411
(d), (e), or (f), or (g) of this section, trafficking in hashish	5412
is a felony of the fifth degree, and division ~~(C)~~(B) of section	5413
2929.13 of the Revised Code applies in determining whether to	5414
impose a prison term on the offender.	5415

(b) Except as otherwise provided in division (C)(7)(c), (d),	5416
(e), or (f), or (g) of this section, if the offense was committed	5417
in the vicinity of a school or in the vicinity of a juvenile,	5418
trafficking in hashish is a felony of the fourth degree, and	5419
division ~~(C)~~(B) of section 2929.13 of the Revised Code applies in	5420
determining whether to impose a prison term on the offender.	5421

(c) Except as otherwise provided in this division, if the	5422
amount of the drug involved equals or exceeds ten grams but is	5423
less than fifty grams of hashish in a solid form or equals or	5424
exceeds two grams but is less than ten grams of hashish in a	5425
liquid concentrate, liquid extract, or liquid distillate form,	5426
trafficking in hashish is a felony of the fourth degree, and	5427
division ~~(C)~~(B) of section 2929.13 of the Revised Code applies in	5428
determining whether to impose a prison term on the offender. If	5429
the amount of the drug involved is within that range and if the	5430
offense was committed in the vicinity of a school or in the	5431
vicinity of a juvenile, trafficking in hashish is a felony of the	5432
third degree, and division (C) of section 2929.13 of the Revised	5433
Code applies in determining whether to impose a prison term on the	5434
offender.	5435

(d) Except as otherwise provided in this division, if the	5436
amount of the drug involved equals or exceeds fifty grams but is	5437
less than two hundred fifty grams of hashish in a solid form or	5438
equals or exceeds ten grams but is less than fifty grams of	5439
hashish in a liquid concentrate, liquid extract, or liquid	5440
distillate form, trafficking in hashish is a felony of the third	5441
degree, and division (C) of section 2929.13 of the Revised Code	5442
applies in determining whether to impose a prison term on the	5443
offender. If the amount of the drug involved is within that range	5444
and if the offense was committed in the vicinity of a school or in	5445
the vicinity of a juvenile, trafficking in hashish is a felony of	5446
the second degree, and there is a presumption that a prison term	5447
shall be imposed for the offense.	5448

(e) Except as otherwise provided in this division, if the	5449
amount of the drug involved equals or exceeds two hundred fifty	5450
grams but is less than one thousand grams of hashish in a solid	5451
form or equals or exceeds fifty grams but is less than two hundred	5452
grams of hashish in a liquid concentrate, liquid extract, or	5453
liquid distillate form, trafficking in hashish is a felony of the	5454
third degree, and there is a presumption that a prison term shall	5455
be imposed for the offense. If the amount of the drug involved is	5456
within that range and if the offense was committed in the vicinity	5457
of a school or in the vicinity of a juvenile, trafficking in	5458
hashish is a felony of the second degree, and there is a	5459
presumption that a prison term shall be imposed for the offense.	5460

(f) Except as otherwise provided in this division, if the	5461
amount of the drug involved equals or exceeds one thousand grams	5462
but is less than two thousand grams of hashish in a solid form or	5463
equals or exceeds two hundred grams but is less than four hundred	5464
grams of hashish in a liquid concentrate, liquid extract, or	5465
liquid distillate form trafficking in hashish is a felony of the	5466
second degree, and the court shall impose a mandatory prison term	5467
of five, six, seven, or eight years. If the amount of the drug	5468
involved is within that range and if the offense was committed in	5469
the vicinity of a school or in the vicinity of a juvenile,	5470
trafficking in hashish is a felony of the first degree, and the	5471
court shall impose as a mandatory prison term the maximum prison	5472
term prescribed for a felony of the first degree.	5473

(g) Except as otherwise provided in this division, if the	5474
amount of the drug involved equals or exceeds two thousand grams	5475
of hashish in a solid form or equals or exceeds four hundred grams	5476
of hashish in a liquid concentrate, liquid extract, or liquid	5477
distillate form, trafficking in hashish is a felony of the second	5478
degree, and the court shall impose as a mandatory prison term the	5479
maximum prison term prescribed for a felony of the second degree.	5480
If the amount of the drug involved ~~is within that range~~equals or	5481
exceeds two thousand grams of hashish in a solid form or equals or	5482
exceeds four hundred grams of hashish in a liquid concentrate,	5483
liquid extract, or liquid distillate form and if the offense was	5484
committed in the vicinity of a school or in the vicinity of a	5485
juvenile, trafficking in hashish is a felony of the first degree,	5486
and the court shall impose as a mandatory prison term the maximum	5487
prison term prescribed for a felony of the first degree.	5488

(D) In addition to any prison term authorized or required by	5489
division (C) of this section and sections 2929.13 and 2929.14 of	5490
the Revised Code, and in addition to any other sanction imposed	5491
for the offense under this section or sections 2929.11 to 2929.18	5492
of the Revised Code, the court that sentences an offender who is	5493
convicted of or pleads guilty to a violation of division (A) of	5494
this section shall do all of the following that are applicable	5495
regarding the offender:	5496

(1) If the violation of division (A) of this section is a	5497
felony of the first, second, or third degree, the court shall	5498
impose upon the offender the mandatory fine specified for the	5499
offense under division (B)(1) of section 2929.18 of the Revised	5500
Code unless, as specified in that division, the court determines	5501
that the offender is indigent. Except as otherwise provided in	5502
division (H)(1) of this section, a mandatory fine or any other	5503
fine imposed for a violation of this section is subject to	5504
division (F) of this section. If a person is charged with a	5505
violation of this section that is a felony of the first, second,	5506
or third degree, posts bail, and forfeits the bail, the clerk of	5507
the court shall pay the forfeited bail pursuant to divisions	5508
(D)(1) and (F) of this section, as if the forfeited bail was a	5509
fine imposed for a violation of this section. If any amount of the	5510
forfeited bail remains after that payment and if a fine is imposed	5511
under division (H)(1) of this section, the clerk of the court	5512
shall pay the remaining amount of the forfeited bail pursuant to	5513
divisions (H)(2) and (3) of this section, as if that remaining	5514
amount was a fine imposed under division (H)(1) of this section.	5515

(2) The court shall suspend the driver's or commercial	5516
driver's license or permit of the offender in accordance with	5517
division (G) of this section.	5518

(3) If the offender is a professionally licensed person, the	5519
court immediately shall comply with section 2925.38 of the Revised	5520
Code.	5521

(E) When a person is charged with the sale of or offer to	5522
sell a bulk amount or a multiple of a bulk amount of a controlled	5523
substance, the jury, or the court trying the accused, shall	5524
determine the amount of the controlled substance involved at the	5525
time of the offense and, if a guilty verdict is returned, shall	5526
return the findings as part of the verdict. In any such case, it	5527
is unnecessary to find and return the exact amount of the	5528
controlled substance involved, and it is sufficient if the finding	5529
and return is to the effect that the amount of the controlled	5530
substance involved is the requisite amount, or that the amount of	5531
the controlled substance involved is less than the requisite	5532
amount.	5533

(F)(1) Notwithstanding any contrary provision of section	5534
3719.21 of the Revised Code and except as provided in division (H)	5535
of this section, the clerk of the court shall pay any mandatory	5536
fine imposed pursuant to division (D)(1) of this section and any	5537
fine other than a mandatory fine that is imposed for a violation	5538
of this section pursuant to division (A) or (B)(5) of section	5539
2929.18 of the Revised Code to the county, township, municipal	5540
corporation, park district, as created pursuant to section 511.18	5541
or 1545.04 of the Revised Code, or state law enforcement agencies	5542
in this state that primarily were responsible for or involved in	5543
making the arrest of, and in prosecuting, the offender. However,	5544
the clerk shall not pay a mandatory fine so imposed to a law	5545
enforcement agency unless the agency has adopted a written	5546
internal control policy under division (F)(2) of this section that	5547
addresses the use of the fine moneys that it receives. Each agency	5548
shall use the mandatory fines so paid to subsidize the agency's	5549
law enforcement efforts that pertain to drug offenses, in	5550
accordance with the written internal control policy adopted by the	5551
recipient agency under division (F)(2) of this section.	5552

(2)(a) Prior to receiving any fine moneys under division	5553
(F)(1) of this section or division (B) of section 2925.42 of the	5554
Revised Code, a law enforcement agency shall adopt a written	5555
internal control policy that addresses the agency's use and	5556
disposition of all fine moneys so received and that provides for	5557
the keeping of detailed financial records of the receipts of those	5558
fine moneys, the general types of expenditures made out of those	5559
fine moneys, and the specific amount of each general type of	5560
expenditure. The policy shall not provide for or permit the	5561
identification of any specific expenditure that is made in an	5562
ongoing investigation. All financial records of the receipts of	5563
those fine moneys, the general types of expenditures made out of	5564
those fine moneys, and the specific amount of each general type of	5565
expenditure by an agency are public records open for inspection	5566
under section 149.43 of the Revised Code. Additionally, a written	5567
internal control policy adopted under this division is such a	5568
public record, and the agency that adopted it shall comply with	5569
it.	5570

(b) Each law enforcement agency that receives in any calendar	5571
year any fine moneys under division (F)(1) of this section or	5572
division (B) of section 2925.42 of the Revised Code shall prepare	5573
a report covering the calendar year that cumulates all of the	5574
information contained in all of the public financial records kept	5575
by the agency pursuant to division (F)(2)(a) of this section for	5576
that calendar year, and shall send a copy of the cumulative	5577
report, no later than the first day of March in the calendar year	5578
following the calendar year covered by the report, to the attorney	5579
general. Each report received by the attorney general is a public	5580
record open for inspection under section 149.43 of the Revised	5581
Code. Not later than the fifteenth day of April in the calendar	5582
year in which the reports are received, the attorney general shall	5583
send to the president of the senate and the speaker of the house	5584
of representatives a written notification that does all of the	5585
following:	5586

(i) Indicates that the attorney general has received from law	5587
enforcement agencies reports of the type described in this	5588
division that cover the previous calendar year and indicates that	5589
the reports were received under this division;	5590

(ii) Indicates that the reports are open for inspection under	5591
section 149.43 of the Revised Code;	5592

(iii) Indicates that the attorney general will provide a copy	5593
of any or all of the reports to the president of the senate or the	5594
speaker of the house of representatives upon request.	5595

(3) As used in division (F) of this section:

5596

(a) "Law enforcement agencies" includes, but is not limited	5597
to, the state board of pharmacy and the office of a prosecutor.	5598

(b) "Prosecutor" has the same meaning as in section 2935.01	5599
of the Revised Code.	5600

(G) When required under division (D)(2) of this section or	5601
any other provision of this chapter, the court shall suspend for	5602
not less than six months or more than five years the driver's or	5603
commercial driver's license or permit of any person who is	5604
convicted of or pleads guilty to any violation of this section or	5605
any other specified provision of this chapter. If an offender's	5606
driver's or commercial driver's license or permit is suspended	5607
pursuant to this division, the offender, at any time after the	5608
expiration of two years from the day on which the offender's	5609
sentence was imposed or from the day on which the offender finally	5610
was released from a prison term under the sentence, whichever is	5611
later, may file a motion with the sentencing court requesting	5612
termination of the suspension; upon the filing of such a motion	5613
and the court's finding of good cause for the termination, the	5614
court may terminate the suspension.	5615

(H)(1) In addition to any prison term authorized or required	5616
by division (C) of this section and sections 2929.13 and 2929.14	5617
of the Revised Code, in addition to any other penalty or sanction	5618
imposed for the offense under this section or sections 2929.11 to	5619
2929.18 of the Revised Code, and in addition to the forfeiture of	5620
property in connection with the offense as prescribed in Chapter	5621
2981. of the Revised Code, the court that sentences an offender	5622
who is convicted of or pleads guilty to a violation of division	5623
(A) of this section may impose upon the offender an additional	5624
fine specified for the offense in division (B)(4) of section	5625
2929.18 of the Revised Code. A fine imposed under division (H)(1)	5626
of this section is not subject to division (F) of this section and	5627
shall be used solely for the support of one or more eligible	5628
alcohol and drug addiction programs in accordance with divisions	5629
(H)(2) and (3) of this section.	5630

(2) The court that imposes a fine under division (H)(1) of	5631
this section shall specify in the judgment that imposes the fine	5632
one or more eligible alcohol and drug addiction programs for the	5633
support of which the fine money is to be used. No alcohol and drug	5634
addiction program shall receive or use money paid or collected in	5635
satisfaction of a fine imposed under division (H)(1) of this	5636
section unless the program is specified in the judgment that	5637
imposes the fine. No alcohol and drug addiction program shall be	5638
specified in the judgment unless the program is an eligible	5639
alcohol and drug addiction program and, except as otherwise	5640
provided in division (H)(2) of this section, unless the program is	5641
located in the county in which the court that imposes the fine is	5642
located or in a county that is immediately contiguous to the	5643
county in which that court is located. If no eligible alcohol and	5644
drug addiction program is located in any of those counties, the	5645
judgment may specify an eligible alcohol and drug addiction	5646
program that is located anywhere within this state.	5647

(3) Notwithstanding any contrary provision of section 3719.21	5648
of the Revised Code, the clerk of the court shall pay any fine	5649
imposed under division (H)(1) of this section to the eligible	5650
alcohol and drug addiction program specified pursuant to division	5651
(H)(2) of this section in the judgment. The eligible alcohol and	5652
drug addiction program that receives the fine moneys shall use the	5653
moneys only for the alcohol and drug addiction services identified	5654
in the application for certification under section 3793.06 of the	5655
Revised Code or in the application for a license under section	5656
3793.11 of the Revised Code filed with the department of alcohol	5657
and drug addiction services by the alcohol and drug addiction	5658
program specified in the judgment.	5659

(4) Each alcohol and drug addiction program that receives in	5660
a calendar year any fine moneys under division (H)(3) of this	5661
section shall file an annual report covering that calendar year	5662
with the court of common pleas and the board of county	5663
commissioners of the county in which the program is located, with	5664
the court of common pleas and the board of county commissioners of	5665
each county from which the program received the moneys if that	5666
county is different from the county in which the program is	5667
located, and with the attorney general. The alcohol and drug	5668
addiction program shall file the report no later than the first	5669
day of March in the calendar year following the calendar year in	5670
which the program received the fine moneys. The report shall	5671
include statistics on the number of persons served by the alcohol	5672
and drug addiction program, identify the types of alcohol and drug	5673
addiction services provided to those persons, and include a	5674
specific accounting of the purposes for which the fine moneys	5675
received were used. No information contained in the report shall	5676
identify, or enable a person to determine the identity of, any	5677
person served by the alcohol and drug addiction program. Each	5678
report received by a court of common pleas, a board of county	5679
commissioners, or the attorney general is a public record open for	5680
inspection under section 149.43 of the Revised Code.	5681

(5) As used in divisions (H)(1) to (5) of this section:

5682

(a) "Alcohol and drug addiction program" and "alcohol and	5683
drug addiction services" have the same meanings as in section	5684
3793.01 of the Revised Code.	5685

(b) "Eligible alcohol and drug addiction program" means an	5686
alcohol and drug addiction program that is certified under section	5687
3793.06 of the Revised Code or licensed under section 3793.11 of	5688
the Revised Code by the department of alcohol and drug addiction	5689
services.	5690

(I) As used in this section, "drug" includes any substance	5691
that is represented to be a drug.	5692

Sec. 2925.05. (A) No person shall knowingly provide money or	5693
other items of value to another person with the purpose that the	5694
recipient of the money or items of value use them to obtain any	5695
controlled substance for the purpose of violating section 2925.04	5696
of the Revised Code or for the purpose of selling or offering to	5697
sell the controlled substance in the following amount:	5698

(1) If the drug to be sold or offered for sale is any	5699
compound, mixture, preparation, or substance included in schedule	5700
I or II, with the exception of marihuana, cocaine, L.S.D., heroin,	5701
and hashish, or schedule III, IV, or V, an amount of the drug that	5702
equals or exceeds the bulk amount of the drug;	5703

(2) If the drug to be sold or offered for sale is marihuana	5704
or a compound, mixture, preparation, or substance other than	5705
hashish containing marihuana, an amount of the marihuana that	5706
equals or exceeds two hundred grams;	5707

(3) If the drug to be sold or offered for sale is cocaine or	5708
a compound, mixture, preparation, or substance containing cocaine,	5709
an amount of the cocaine that equals or exceeds five grams ~~if the~~	5710
~~cocaine is not crack cocaine or equals or exceeds one gram if the~~	5711
~~cocaine is crack cocaine~~;	5712

(4) If the drug to be sold or offered for sale is L.S.D. or a	5713
compound, mixture, preparation, or substance containing L.S.D., an	5714
amount of the L.S.D. that equals or exceeds ten unit doses if the	5715
L.S.D. is in a solid form or equals or exceeds one gram if the	5716
L.S.D. is in a liquid concentrate, liquid extract, or liquid	5717
distillate form;	5718

(5) If the drug to be sold or offered for sale is heroin or a	5719
compound, mixture, preparation, or substance containing heroin, an	5720
amount of the heroin that equals or exceeds ten unit doses or	5721
equals or exceeds one gram;	5722

(6) If the drug to be sold or offered for sale is hashish or	5723
a compound, mixture, preparation, or substance containing hashish,	5724
an amount of the hashish that equals or exceeds ten grams if the	5725
hashish is in a solid form or equals or exceeds two grams if the	5726
hashish is in a liquid concentrate, liquid extract, or liquid	5727
distillate form.	5728

(B) This section does not apply to any person listed in	5729
division (B)(1), (2), or (3) of section 2925.03 of the Revised	5730
Code to the extent and under the circumstances described in those	5731
divisions.	5732

(C)(1) If the drug involved in the violation is any compound,	5733
mixture, preparation, or substance included in schedule I or II,	5734
with the exception of marihuana, whoever violates division (A) of	5735
this section is guilty of aggravated funding of drug trafficking,	5736
a felony of the first degree, and, subject to division (E) of this	5737
section, the court shall impose as a mandatory prison term one of	5738
the prison terms prescribed for a felony of the first degree.	5739

(2) If the drug involved in the violation is any compound,	5740
mixture, preparation, or substance included in schedule III, IV,	5741
or V, whoever violates division (A) of this section is guilty of	5742
funding of drug trafficking, a felony of the second degree, and	5743
the court shall impose as a mandatory prison term one of the	5744
prison terms prescribed for a felony of the second degree.	5745

(3) If the drug involved in the violation is marihuana,	5746
whoever violates division (A) of this section is guilty of funding	5747
of marihuana trafficking, a felony of the third degree, and the	5748
court shall impose as a mandatory prison term one of the prison	5749
terms prescribed for a felony of the third degree.	5750

(D) In addition to any prison term authorized or required by	5751
division (C) or (E) of this section and sections 2929.13 and	5752
2929.14 of the Revised Code and in addition to any other sanction	5753
imposed for the offense under this section or sections 2929.11 to	5754
2929.18 of the Revised Code, the court that sentences an offender	5755
who is convicted of or pleads guilty to a violation of division	5756
(A) of this section shall do all of the following that are	5757
applicable regarding the offender:	5758

(1) The court shall impose the mandatory fine specified for	5759
the offense under division (B)(1) of section 2929.18 of the	5760
Revised Code unless, as specified in that division, the court	5761
determines that the offender is indigent. The clerk of the court	5762
shall pay a mandatory fine or other fine imposed for a violation	5763
of this section pursuant to division (A) of section 2929.18 of the	5764
Revised Code in accordance with and subject to the requirements of	5765
division (F) of section 2925.03 of the Revised Code. The agency	5766
that receives the fine shall use the fine in accordance with	5767
division (F) of section 2925.03 of the Revised Code. If a person	5768
is charged with a violation of this section, posts bail, and	5769
forfeits the bail, the forfeited bail shall be paid as if the	5770
forfeited bail were a fine imposed for a violation of this	5771
section.	5772

(2) The court shall suspend the offender's driver's or	5773
commercial driver's license or permit in accordance with division	5774
(G) of section 2925.03 of the Revised Code. If an offender's	5775
driver's or commercial driver's license or permit is suspended in	5776
accordance with that division, the offender may request	5777
termination of, and the court may terminate, the suspension in	5778
accordance with that division.	5779

(3) If the offender is a professionally licensed person, the	5780
court immediately shall comply with section 2925.38 of the Revised	5781
Code.	5782

(E) Notwithstanding the prison term otherwise authorized or	5783
required for the offense under division (C) of this section and	5784
sections 2929.13 and 2929.14 of the Revised Code, if the violation	5785
of division (A) of this section involves the sale, offer to sell,	5786
or possession of a schedule I or II controlled substance, with the	5787
exception of marihuana, and if the court imposing sentence upon	5788
the offender finds that the offender as a result of the violation	5789
is a major drug offender and is guilty of a specification of the	5790
type described in section 2941.1410 of the Revised Code, the	5791
court, in lieu of the prison term otherwise authorized or	5792
required, shall impose upon the offender the mandatory prison term	5793
specified in division (D)(3)(a) of section 2929.14 of the Revised	5794
Code and may impose an additional prison term under division	5795
(D)(3)(b) of that section.	5796

Sec. 2925.11. (A) No person shall knowingly obtain, possess,	5797
or use a controlled substance.	5798

(B) This section does not apply to any of the following:

5799

(1) Manufacturers, licensed health professionals authorized	5800
to prescribe drugs, pharmacists, owners of pharmacies, and other	5801
persons whose conduct was in accordance with Chapters 3719.,	5802
4715., 4723., 4729., 4730., 4731., and 4741. of the Revised Code;	5803

(2) If the offense involves an anabolic steroid, any person	5804
who is conducting or participating in a research project involving	5805
the use of an anabolic steroid if the project has been approved by	5806
the United States food and drug administration;	5807

(3) Any person who sells, offers for sale, prescribes,	5808
dispenses, or administers for livestock or other nonhuman species	5809
an anabolic steroid that is expressly intended for administration	5810
through implants to livestock or other nonhuman species and	5811
approved for that purpose under the "Federal Food, Drug, and	5812
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	5813
and is sold, offered for sale, prescribed, dispensed, or	5814
administered for that purpose in accordance with that act;	5815

(4) Any person who obtained the controlled substance pursuant	5816
to a lawful prescription issued by a licensed health professional	5817
authorized to prescribe drugs.	5818

(C) Whoever violates division (A) of this section is guilty	5819
of one of the following:	5820

(1) If the drug involved in the violation is a compound,	5821
mixture, preparation, or substance included in schedule I or II,	5822
with the exception of marihuana, cocaine, L.S.D., heroin, and	5823
hashish, whoever violates division (A) of this section is guilty	5824
of aggravated possession of drugs. The penalty for the offense	5825
shall be determined as follows:	5826

(a) Except as otherwise provided in division (C)(1)(b), (c),	5827
(d), or (e) of this section, aggravated possession of drugs is a	5828
felony of the fifth degree, and division (B) of section 2929.13 of	5829
the Revised Code applies in determining whether to impose a prison	5830
term on the offender.	5831

(b) If the amount of the drug involved equals or exceeds the	5832
bulk amount but is less than five times the bulk amount,	5833
aggravated possession of drugs is a felony of the third degree,	5834
and there is a presumption for a prison term for the offense.	5835

(c) If the amount of the drug involved equals or exceeds five	5836
times the bulk amount but is less than fifty times the bulk	5837
amount, aggravated possession of drugs is a felony of the second	5838
degree, and the court shall impose as a mandatory prison term one	5839
of the prison terms prescribed for a felony of the second degree.	5840

(d) If the amount of the drug involved equals or exceeds	5841
fifty times the bulk amount but is less than one hundred times the	5842
bulk amount, aggravated possession of drugs is a felony of the	5843
first degree, and the court shall impose as a mandatory prison	5844
term one of the prison terms prescribed for a felony of the first	5845
degree.	5846

(e) If the amount of the drug involved equals or exceeds one	5847
hundred times the bulk amount, aggravated possession of drugs is a	5848
felony of the first degree, the offender is a major drug offender,	5849
and the court shall impose as a mandatory prison term the maximum	5850
prison term prescribed for a felony of the first degree and may	5851
impose an additional mandatory prison term prescribed for a major	5852
drug offender under division (D)(3)(b) of section 2929.14 of the	5853
Revised Code.	5854

(2) If the drug involved in the violation is a compound,	5855
mixture, preparation, or substance included in schedule III, IV,	5856
or V, whoever violates division (A) of this section is guilty of	5857
possession of drugs. The penalty for the offense shall be	5858
determined as follows:	5859

(a) Except as otherwise provided in division (C)(2)(b), (c),	5860
or (d) of this section, possession of drugs is a misdemeanor of	5861
the first degree or, if the offender previously has been convicted	5862
of a drug abuse offense, a felony of the fifth degree.	5863

(b) If the amount of the drug involved equals or exceeds the	5864
bulk amount but is less than five times the bulk amount,	5865
possession of drugs is a felony of the fourth degree, and division	5866
(C) of section 2929.13 of the Revised Code applies in determining	5867
whether to impose a prison term on the offender.	5868

(c) If the amount of the drug involved equals or exceeds five	5869
times the bulk amount but is less than fifty times the bulk	5870
amount, possession of drugs is a felony of the third degree, and	5871
there is a presumption for a prison term for the offense.	5872

(d) If the amount of the drug involved equals or exceeds	5873
fifty times the bulk amount, possession of drugs is a felony of	5874
the second degree, and the court shall impose upon the offender as	5875
a mandatory prison term one of the prison terms prescribed for a	5876
felony of the second degree.	5877

(3) If the drug involved in the violation is marihuana or a	5878
compound, mixture, preparation, or substance containing marihuana	5879
other than hashish, whoever violates division (A) of this section	5880
is guilty of possession of marihuana. The penalty for the offense	5881
shall be determined as follows:	5882

(a) Except as otherwise provided in division (C)(3)(b), (c),	5883
(d), (e), or (f), or (g) of this section, possession of marihuana	5884
is a minor misdemeanor.	5885

(b) If the amount of the drug involved equals or exceeds one	5886
hundred grams but is less than two hundred grams, possession of	5887
marihuana is a misdemeanor of the fourth degree.	5888

(c) If the amount of the drug involved equals or exceeds two	5889
hundred grams but is less than one thousand grams, possession of	5890
marihuana is a felony of the fifth degree, and division (B) of	5891
section 2929.13 of the Revised Code applies in determining whether	5892
to impose a prison term on the offender.	5893

(d) If the amount of the drug involved equals or exceeds one	5894
thousand grams but is less than five thousand grams, possession of	5895
marihuana is a felony of the third degree, and division (C) of	5896
section 2929.13 of the Revised Code applies in determining whether	5897
to impose a prison term on the offender.	5898

(e) If the amount of the drug involved equals or exceeds five	5899
thousand grams but is less than twenty thousand grams, possession	5900
of marihuana is a felony of the third degree, and there is a	5901
presumption that a prison term shall be imposed for the offense.	5902

(f) If the amount of the drug involved equals or exceeds	5903
twenty thousand grams but is less than forty thousand grams,	5904
possession of marihuana is a felony of the second degree, and the	5905
court shall impose a mandatory prison term of five, six, seven, or	5906
eight years.	5907

(g) If the amount of the drug involved equals or exceeds	5908
forty thousand grams, possession of marihuana is a felony of the	5909
second degree, and the court shall impose as a mandatory prison	5910
term the maximum prison term prescribed for a felony of the second	5911
degree.	5912

(4) If the drug involved in the violation is cocaine or a	5913
compound, mixture, preparation, or substance containing cocaine,	5914
whoever violates division (A) of this section is guilty of	5915
possession of cocaine. The penalty for the offense shall be	5916
determined as follows:	5917

(a) Except as otherwise provided in division (C)(4)(b), (c),	5918
(d), (e), or (f) of this section, possession of cocaine is a	5919
felony of the fifth degree, and division (B) of section 2929.13 of	5920
the Revised Code applies in determining whether to impose a prison	5921
term on the offender.	5922

(b) If the amount of the drug involved equals or exceeds five	5923
grams but is less than ~~twenty-five~~ten grams of cocaine ~~that is~~	5924
~~not crack cocaine or equals or exceeds one gram but is less than~~	5925
~~five grams of crack cocaine~~, possession of cocaine is a felony of	5926
the fourth degree, and ~~there is a presumption for a prison term~~	5927
~~for the offense~~division (B) of section 2929.13 of the Revised	5928
Code applies in determining whether to impose a prison term on the	5929
offender.	5930

(c) If the amount of the drug involved equals or exceeds	5931
~~twenty-five~~ten grams but is less than ~~one hundred~~twenty grams of	5932
cocaine ~~that is not crack cocaine or equals or exceeds five grams~~	5933
~~but is less than ten grams of crack cocaine~~, possession of cocaine	5934
is a felony of the third degree, and the court shall impose as a	5935
mandatory prison term one of the prison terms prescribed for a	5936
felony of the third degree.	5937

(d) If the amount of the drug involved equals or exceeds ~~one~~	5938
~~hundred~~twenty grams but is less than ~~five hundred~~twenty-seven	5939
grams of cocaine ~~that is not crack cocaine or equals or exceeds~~	5940
~~ten grams but is less than twenty-five grams of crack cocaine~~,	5941
possession of cocaine is a felony of the second degree, and the	5942
court shall impose as a mandatory prison term one of the prison	5943
terms prescribed for a felony of the second degree.	5944

(e) If the amount of the drug involved equals or exceeds ~~five~~	5945
~~hundred~~twenty-seven grams but is less than one ~~thousand~~hundred	5946
grams of cocaine ~~that is not crack cocaine or equals or exceeds~~	5947
~~twenty-five grams but is less than one hundred grams of crack~~	5948
~~cocaine~~, possession of cocaine is a felony of the first degree,	5949
and the court shall impose as a mandatory prison term one of the	5950
prison terms prescribed for a felony of the first degree.	5951

(f) If the amount of the drug involved equals or exceeds one	5952
~~thousand~~hundred grams of cocaine ~~that is not crack cocaine or~~	5953
~~equals or exceeds one hundred grams of crack cocaine~~, possession	5954
of cocaine is a felony of the first degree, the offender is a	5955
major drug offender, and the court shall impose as a mandatory	5956
prison term the maximum prison term prescribed for a felony of the	5957
first degree and may impose an additional mandatory prison term	5958
prescribed for a major drug offender under division (D)(3)(b) of	5959
section 2929.14 of the Revised Code.	5960

(5) If the drug involved in the violation is L.S.D., whoever	5961
violates division (A) of this section is guilty of possession of	5962
L.S.D. The penalty for the offense shall be determined as follows:	5963

(a) Except as otherwise provided in division (C)(5)(b), (c),	5964
(d), (e), or (f) of this section, possession of L.S.D. is a felony	5965
of the fifth degree, and division (B) of section 2929.13 of the	5966
Revised Code applies in determining whether to impose a prison	5967
term on the offender.	5968

(b) If the amount of L.S.D. involved equals or exceeds ten	5969
unit doses but is less than fifty unit doses of L.S.D. in a solid	5970
form or equals or exceeds one gram but is less than five grams of	5971
L.S.D. in a liquid concentrate, liquid extract, or liquid	5972
distillate form, possession of L.S.D. is a felony of the fourth	5973
degree, and division (C) of section 2929.13 of the Revised Code	5974
applies in determining whether to impose a prison term on the	5975
offender.	5976

(c) If the amount of L.S.D. involved equals or exceeds fifty	5977
unit doses, but is less than two hundred fifty unit doses of	5978
L.S.D. in a solid form or equals or exceeds five grams but is less	5979
than twenty-five grams of L.S.D. in a liquid concentrate, liquid	5980
extract, or liquid distillate form, possession of L.S.D. is a	5981
felony of the third degree, and there is a presumption for a	5982
prison term for the offense.	5983

(d) If the amount of L.S.D. involved equals or exceeds two	5984
hundred fifty unit doses but is less than one thousand unit doses	5985
of L.S.D. in a solid form or equals or exceeds twenty-five grams	5986
but is less than one hundred grams of L.S.D. in a liquid	5987
concentrate, liquid extract, or liquid distillate form, possession	5988
of L.S.D. is a felony of the second degree, and the court shall	5989
impose as a mandatory prison term one of the prison terms	5990
prescribed for a felony of the second degree.	5991

(e) If the amount of L.S.D. involved equals or exceeds one	5992
thousand unit doses but is less than five thousand unit doses of	5993
L.S.D. in a solid form or equals or exceeds one hundred grams but	5994
is less than five hundred grams of L.S.D. in a liquid concentrate,	5995
liquid extract, or liquid distillate form, possession of L.S.D. is	5996
a felony of the first degree, and the court shall impose as a	5997
mandatory prison term one of the prison terms prescribed for a	5998
felony of the first degree.	5999

(f) If the amount of L.S.D. involved equals or exceeds five	6000
thousand unit doses of L.S.D. in a solid form or equals or exceeds	6001
five hundred grams of L.S.D. in a liquid concentrate, liquid	6002
extract, or liquid distillate form, possession of L.S.D. is a	6003
felony of the first degree, the offender is a major drug offender,	6004
and the court shall impose as a mandatory prison term the maximum	6005
prison term prescribed for a felony of the first degree and may	6006
impose an additional mandatory prison term prescribed for a major	6007
drug offender under division (D)(3)(b) of section 2929.14 of the	6008
Revised Code.	6009

(6) If the drug involved in the violation is heroin or a	6010
compound, mixture, preparation, or substance containing heroin,	6011
whoever violates division (A) of this section is guilty of	6012
possession of heroin. The penalty for the offense shall be	6013
determined as follows:	6014

(a) Except as otherwise provided in division (C)(6)(b), (c),	6015
(d), (e), or (f) of this section, possession of heroin is a felony	6016
of the fifth degree, and division (B) of section 2929.13 of the	6017
Revised Code applies in determining whether to impose a prison	6018
term on the offender.	6019

(b) If the amount of the drug involved equals or exceeds ten	6020
unit doses but is less than fifty unit doses or equals or exceeds	6021
one gram but is less than five grams, possession of heroin is a	6022
felony of the fourth degree, and division (C) of section 2929.13	6023
of the Revised Code applies in determining whether to impose a	6024
prison term on the offender.	6025

(c) If the amount of the drug involved equals or exceeds	6026
fifty unit doses but is less than one hundred unit doses or equals	6027
or exceeds five grams but is less than ten grams, possession of	6028
heroin is a felony of the third degree, and there is a presumption	6029
for a prison term for the offense.	6030

(d) If the amount of the drug involved equals or exceeds one	6031
hundred unit doses but is less than five hundred unit doses or	6032
equals or exceeds ten grams but is less than fifty grams,	6033
possession of heroin is a felony of the second degree, and the	6034
court shall impose as a mandatory prison term one of the prison	6035
terms prescribed for a felony of the second degree.	6036

(e) If the amount of the drug involved equals or exceeds five	6037
hundred unit doses but is less than two thousand five hundred unit	6038
doses or equals or exceeds fifty grams but is less than two	6039
hundred fifty grams, possession of heroin is a felony of the first	6040
degree, and the court shall impose as a mandatory prison term one	6041
of the prison terms prescribed for a felony of the first degree.	6042

(f) If the amount of the drug involved equals or exceeds two	6043
thousand five hundred unit doses or equals or exceeds two hundred	6044
fifty grams, possession of heroin is a felony of the first degree,	6045
the offender is a major drug offender, and the court shall impose	6046
as a mandatory prison term the maximum prison term prescribed for	6047
a felony of the first degree and may impose an additional	6048
mandatory prison term prescribed for a major drug offender under	6049
division (D)(3)(b) of section 2929.14 of the Revised Code.	6050

(7) If the drug involved in the violation is hashish or a	6051
compound, mixture, preparation, or substance containing hashish,	6052
whoever violates division (A) of this section is guilty of	6053
possession of hashish. The penalty for the offense shall be	6054
determined as follows:	6055

(a) Except as otherwise provided in division (C)(7)(b), (c),	6056
(d), (e), or (f), or (g) of this section, possession of hashish is	6057
a minor misdemeanor.	6058

(b) If the amount of the drug involved equals or exceeds five	6059
grams but is less than ten grams of hashish in a solid form or	6060
equals or exceeds one gram but is less than two grams of hashish	6061
in a liquid concentrate, liquid extract, or liquid distillate	6062
form, possession of hashish is a misdemeanor of the fourth degree.	6063

(c) If the amount of the drug involved equals or exceeds ten	6064
grams but is less than fifty grams of hashish in a solid form or	6065
equals or exceeds two grams but is less than ten grams of hashish	6066
in a liquid concentrate, liquid extract, or liquid distillate	6067
form, possession of hashish is a felony of the fifth degree, and	6068
division (B) of section 2929.13 of the Revised Code applies in	6069
determining whether to impose a prison term on the offender.	6070

(d) If the amount of the drug involved equals or exceeds	6071
fifty grams but is less than two hundred fifty grams of hashish in	6072
a solid form or equals or exceeds ten grams but is less than fifty	6073
grams of hashish in a liquid concentrate, liquid extract, or	6074
liquid distillate form, possession of hashish is a felony of the	6075
third degree, and division (C) of section 2929.13 of the Revised	6076
Code applies in determining whether to impose a prison term on the	6077
offender.	6078

(e) If the amount of the drug involved equals or exceeds two	6079
hundred fifty grams but is less than one thousand grams of hashish	6080
in a solid form or equals or exceeds fifty grams but is less than	6081
two hundred grams of hashish in a liquid concentrate, liquid	6082
extract, or liquid distillate form, possession of hashish is a	6083
felony of the third degree, and there is a presumption that a	6084
prison term shall be imposed for the offense.	6085

(f) If the amount of the drug involved equals or exceeds one	6086
thousand grams but is less than two thousand grams of hashish in a	6087
solid form or equals or exceeds two hundred grams but is less than	6088
four hundred grams of hashish in a liquid concentrate, liquid	6089
extract, or liquid distillate form, possession of hashish is a	6090
felony of the second degree, and the court shall impose a	6091
mandatory prison term of five, six, seven, or eight years.	6092

(g) If the amount of the drug involved equals or exceeds two	6093
thousand grams of hashish in a solid form or equals or exceeds	6094
four hundred grams of hashish in a liquid concentrate, liquid	6095
extract, or liquid distillate form, possession of hashish is a	6096
felony of the second degree, and the court shall impose as a	6097
mandatory prison term the maximum prison term prescribed for a	6098
felony of the second degree.	6099

(D) Arrest or conviction for a minor misdemeanor violation of	6100
this section does not constitute a criminal record and need not be	6101
reported by the person so arrested or convicted in response to any	6102
inquiries about the person's criminal record, including any	6103
inquiries contained in any application for employment, license, or	6104
other right or privilege, or made in connection with the person's	6105
appearance as a witness.	6106

(E) In addition to any prison term or jail term authorized or	6107
required by division (C) of this section and sections 2929.13,	6108
2929.14, 2929.22, 2929.24, and 2929.25 of the Revised Code and in	6109
addition to any other sanction that is imposed for the offense	6110
under this section, sections 2929.11 to 2929.18, or sections	6111
2929.21 to 2929.28 of the Revised Code, the court that sentences	6112
an offender who is convicted of or pleads guilty to a violation of	6113
division (A) of this section shall do all of the following that	6114
are applicable regarding the offender:	6115

(1)(a) If the violation is a felony of the first, second, or	6116
third degree, the court shall impose upon the offender the	6117
mandatory fine specified for the offense under division (B)(1) of	6118
section 2929.18 of the Revised Code unless, as specified in that	6119
division, the court determines that the offender is indigent.	6120

(b) Notwithstanding any contrary provision of section 3719.21	6121
of the Revised Code, the clerk of the court shall pay a mandatory	6122
fine or other fine imposed for a violation of this section	6123
pursuant to division (A) of section 2929.18 of the Revised Code in	6124
accordance with and subject to the requirements of division (F) of	6125
section 2925.03 of the Revised Code. The agency that receives the	6126
fine shall use the fine as specified in division (F) of section	6127
2925.03 of the Revised Code.	6128

(c) If a person is charged with a violation of this section	6129
that is a felony of the first, second, or third degree, posts	6130
bail, and forfeits the bail, the clerk shall pay the forfeited	6131
bail pursuant to division (E)(1)(b) of this section as if it were	6132
a mandatory fine imposed under division (E)(1)(a) of this section.	6133

(2) The court shall suspend for not less than six months or	6134
more than five years the offender's driver's or commercial	6135
driver's license or permit.	6136

(3) If the offender is a professionally licensed person, in	6137
addition to any other sanction imposed for a violation of this	6138
section, the court immediately shall comply with section 2925.38	6139
of the Revised Code.	6140

(F) It is an affirmative defense, as provided in section	6141
2901.05 of the Revised Code, to a charge of a fourth degree felony	6142
violation under this section that the controlled substance that	6143
gave rise to the charge is in an amount, is in a form, is	6144
prepared, compounded, or mixed with substances that are not	6145
controlled substances in a manner, or is possessed under any other	6146
circumstances, that indicate that the substance was possessed	6147
solely for personal use. Notwithstanding any contrary provision of	6148
this section, if, in accordance with section 2901.05 of the	6149
Revised Code, an accused who is charged with a fourth degree	6150
felony violation of division (C)(2), (4), (5), or (6) of this	6151
section sustains the burden of going forward with evidence of and	6152
establishes by a preponderance of the evidence the affirmative	6153
defense described in this division, the accused may be prosecuted	6154
for and may plead guilty to or be convicted of a misdemeanor	6155
violation of division (C)(2) of this section or a fifth degree	6156
felony violation of division (C)(4), (5), or (6) of this section	6157
respectively.	6158

(G) When a person is charged with possessing a bulk amount or	6159
multiple of a bulk amount, division (E) of section 2925.03 of the	6160
Revised Code applies regarding the determination of the amount of	6161
the controlled substance involved at the time of the offense.	6162

Sec. 2929.01. As used in this chapter:

6163

(A)(1) "Alternative residential facility" means, subject to	6164
division (A)(2) of this section, any facility other than an	6165
offender's home or residence in which an offender is assigned to	6166
live and that satisfies all of the following criteria:	6167

(a) It provides programs through which the offender may seek	6168
or maintain employment or may receive education, training,	6169
treatment, or habilitation.	6170

(b) It has received the appropriate license or certificate	6171
for any specialized education, training, treatment, habilitation,	6172
or other service that it provides from the government agency that	6173
is responsible for licensing or certifying that type of education,	6174
training, treatment, habilitation, or service.	6175

(2) "Alternative residential facility" does not include a	6176
community-based correctional facility, jail, halfway house, or	6177
prison.	6178

(B) "Basic probation supervision" means a requirement that	6179
the offender maintain contact with a person appointed to supervise	6180
the offender in accordance with sanctions imposed by the court or	6181
imposed by the parole board pursuant to section 2967.28 of the	6182
Revised Code. "Basic probation supervision" includes basic parole	6183
supervision and basic post-release control supervision.	6184

(C) "Cocaine," ~~"crack cocaine,"~~ "hashish," "L.S.D.," and	6185
"unit dose" have the same meanings as in section 2925.01 of the	6186
Revised Code.	6187

(D) "Community-based correctional facility" means a	6188
community-based correctional facility and program or district	6189
community-based correctional facility and program developed	6190
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	6191

(E) "Community control sanction" means a sanction that is not	6192
a prison term and that is described in section 2929.15, 2929.16,	6193
2929.17, or 2929.18 of the Revised Code or a sanction that is not	6194
a jail term and that is described in section 2929.26, 2929.27, or	6195
2929.28 of the Revised Code. "Community control sanction" includes	6196
probation if the sentence involved was imposed for a felony that	6197
was committed prior to July 1, 1996, or if the sentence involved	6198
was imposed for a misdemeanor that was committed prior to January	6199
1, 2004.	6200

(F) "Controlled substance," "marihuana," "schedule I," and	6201
"schedule II" have the same meanings as in section 3719.01 of the	6202
Revised Code.	6203

(G) "Curfew" means a requirement that an offender during a	6204
specified period of time be at a designated place.	6205

(H) "Day reporting" means a sanction pursuant to which an	6206
offender is required each day to report to and leave a center or	6207
other approved reporting location at specified times in order to	6208
participate in work, education or training, treatment, and other	6209
approved programs at the center or outside the center.	6210

(I) "Deadly weapon" has the same meaning as in section	6211
2923.11 of the Revised Code.	6212

(J) "Drug and alcohol use monitoring" means a program under	6213
which an offender agrees to submit to random chemical analysis of	6214
the offender's blood, breath, or urine to determine whether the	6215
offender has ingested any alcohol or other drugs.	6216

(K) "Drug treatment program" means any program under which a	6217
person undergoes assessment and treatment designed to reduce or	6218
completely eliminate the person's physical or emotional reliance	6219
upon alcohol, another drug, or alcohol and another drug and under	6220
which the person may be required to receive assessment and	6221
treatment on an outpatient basis or may be required to reside at a	6222
facility other than the person's home or residence while	6223
undergoing assessment and treatment.	6224

(L) "Economic loss" means any economic detriment suffered by	6225
a victim as a direct and proximate result of the commission of an	6226
offense and includes any loss of income due to lost time at work	6227
because of any injury caused to the victim, and any property loss,	6228
medical cost, or funeral expense incurred as a result of the	6229
commission of the offense. "Economic loss" does not include	6230
non-economic loss or any punitive or exemplary damages.	6231

(M) "Education or training" includes study at, or in	6232
conjunction with a program offered by, a university, college, or	6233
technical college or vocational study and also includes the	6234
completion of primary school, secondary school, and literacy	6235
curricula or their equivalent.	6236

(N) "Firearm" has the same meaning as in section 2923.11 of	6237
the Revised Code.	6238

(O) "Halfway house" means a facility licensed by the division	6239
of parole and community services of the department of	6240
rehabilitation and correction pursuant to section 2967.14 of the	6241
Revised Code as a suitable facility for the care and treatment of	6242
adult offenders.	6243

(P) "House arrest" means a period of confinement of an	6244
offender that is in the offender's home or in other premises	6245
specified by the sentencing court or by the parole board pursuant	6246
to section 2967.28 of the Revised Code and during which all of the	6247
following apply:	6248

(1) The offender is required to remain in the offender's home	6249
or other specified premises for the specified period of	6250
confinement, except for periods of time during which the offender	6251
is at the offender's place of employment or at other premises as	6252
authorized by the sentencing court or by the parole board.	6253

(2) The offender is required to report periodically to a	6254
person designated by the court or parole board.	6255

(3) The offender is subject to any other restrictions and	6256
requirements that may be imposed by the sentencing court or by the	6257
parole board.	6258

(Q) "Intensive probation supervision" means a requirement	6259
that an offender maintain frequent contact with a person appointed	6260
by the court, or by the parole board pursuant to section 2967.28	6261
of the Revised Code, to supervise the offender while the offender	6262
is seeking or maintaining necessary employment and participating	6263
in training, education, and treatment programs as required in the	6264
court's or parole board's order. "Intensive probation supervision"	6265
includes intensive parole supervision and intensive post-release	6266
control supervision.	6267

(R) "Jail" means a jail, workhouse, minimum security jail, or	6268
other residential facility used for the confinement of alleged or	6269
convicted offenders that is operated by a political subdivision or	6270
a combination of political subdivisions of this state.	6271

(S) "Jail term" means the term in a jail that a sentencing	6272
court imposes or is authorized to impose pursuant to section	6273
2929.24 or 2929.25 of the Revised Code or pursuant to any other	6274
provision of the Revised Code that authorizes a term in a jail for	6275
a misdemeanor conviction.	6276

(T) "Mandatory jail term" means the term in a jail that a	6277
sentencing court is required to impose pursuant to division (G) of	6278
section 1547.99 of the Revised Code, division (E) of section	6279
2903.06 or division (D) of section 2903.08 of the Revised Code,	6280
division (E) or (G) of section 2929.24 of the Revised Code,	6281
division (B) of section 4510.14 of the Revised Code, or division	6282
(G) of section 4511.19 of the Revised Code or pursuant to any	6283
other provision of the Revised Code that requires a term in a jail	6284
for a misdemeanor conviction.	6285

(U) "Delinquent child" has the same meaning as in section	6286
2152.02 of the Revised Code.	6287

(V) "License violation report" means a report that is made by	6288
a sentencing court, or by the parole board pursuant to section	6289
2967.28 of the Revised Code, to the regulatory or licensing board	6290
or agency that issued an offender a professional license or a	6291
license or permit to do business in this state and that specifies	6292
that the offender has been convicted of or pleaded guilty to an	6293
offense that may violate the conditions under which the offender's	6294
professional license or license or permit to do business in this	6295
state was granted or an offense for which the offender's	6296
professional license or license or permit to do business in this	6297
state may be revoked or suspended.	6298

(W) "Major drug offender" means an offender who is convicted	6299
of or pleads guilty to the possession of, sale of, or offer to	6300
sell any drug, compound, mixture, preparation, or substance that	6301
consists of or contains at least one thousand grams of hashish; at	6302
least one hundred grams of ~~crack~~ cocaine; ~~at least one thousand~~	6303
~~grams of cocaine that is not crack cocaine;~~ at least two thousand	6304
five hundred unit doses or two hundred fifty grams of heroin; at	6305
least five thousand unit doses of L.S.D. or five hundred grams of	6306
L.S.D. in a liquid concentrate, liquid extract, or liquid	6307
distillate form; or at least one hundred times the amount of any	6308
other schedule I or II controlled substance other than marihuana	6309
that is necessary to commit a felony of the third degree pursuant	6310
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	6311
Code that is based on the possession of, sale of, or offer to sell	6312
the controlled substance.	6313

(X) "Mandatory prison term" means any of the following:

6314

(1) Subject to division (X)(2) of this section, the term in	6315
prison that must be imposed for the offenses or circumstances set	6316
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section	6317
2929.13 and division (D) of section 2929.14 of the Revised Code.	6318
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	6319
and 2925.11 of the Revised Code, unless the maximum or another	6320
specific term is required under section 2929.14 or 2929.142 of the	6321
Revised Code, a mandatory prison term described in this division	6322
may be any prison term authorized for the level of offense.	6323

(2) The term of sixty or one hundred twenty days in prison	6324
that a sentencing court is required to impose for a third or	6325
fourth degree felony OVI offense pursuant to division (G)(2) of	6326
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	6327
of the Revised Code or the term of one, two, three, four, or five	6328
years in prison that a sentencing court is required to impose	6329
pursuant to division (G)(2) of section 2929.13 of the Revised	6330
Code.	6331

(3) The term in prison imposed pursuant to division (A) of	6332
section 2971.03 of the Revised Code for the offenses and in the	6333
circumstances described in division (F)(11) of section 2929.13 of	6334
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	6335
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	6336
2971.03 of the Revised Code and that term as modified or	6337
terminated pursuant to section 2971.05 of the Revised Code.	6338

(Y) "Monitored time" means a period of time during which an	6339
offender continues to be under the control of the sentencing court	6340
or parole board, subject to no conditions other than leading a	6341
law-abiding life.	6342

(Z) "Offender" means a person who, in this state, is	6343
convicted of or pleads guilty to a felony or a misdemeanor.	6344

(AA) "Prison" means a residential facility used for the	6345
confinement of convicted felony offenders that is under the	6346
control of the department of rehabilitation and correction but	6347
does not include a violation sanction center operated under	6348
authority of section 2967.141 of the Revised Code.	6349

(BB) "Prison term" includes either of the following sanctions	6350
for an offender:	6351

(1) A stated prison term;

6352

(2) A term in a prison shortened by, or with the approval of,	6353
the sentencing court pursuant to section 2929.20, 2967.26,	6354
5120.031, 5120.032, or 5120.073 of the Revised Code.	6355

(CC) "Repeat violent offender" means a person about whom both	6356
of the following apply:	6357

(1) The person is being sentenced for committing or for	6358
complicity in committing any of the following:	6359

(a) Aggravated murder, murder, any felony of the first or	6360
second degree that is an offense of violence, or an attempt to	6361
commit any of these offenses if the attempt is a felony of the	6362
first or second degree;	6363

(b) An offense under an existing or former law of this state,	6364
another state, or the United States that is or was substantially	6365
equivalent to an offense described in division (CC)(1)(a) of this	6366
section.	6367

(2) The person previously was convicted of or pleaded guilty	6368
to an offense described in division (CC)(1)(a) or (b) of this	6369
section.	6370

(DD) "Sanction" means any penalty imposed upon an offender	6371
who is convicted of or pleads guilty to an offense, as punishment	6372
for the offense. "Sanction" includes any sanction imposed pursuant	6373
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	6374
2929.28 of the Revised Code.	6375

(EE) "Sentence" means the sanction or combination of	6376
sanctions imposed by the sentencing court on an offender who is	6377
convicted of or pleads guilty to an offense.	6378

(FF) "Stated prison term" means the prison term, mandatory	6379
prison term, or combination of all prison terms and mandatory	6380
prison terms imposed by the sentencing court pursuant to section	6381
2929.14, 2929.142, or 2971.03 of the Revised Code or under section	6382
2919.25 of the Revised Code. "Stated prison term" includes any	6383
credit received by the offender for time spent in jail awaiting	6384
trial, sentencing, or transfer to prison for the offense and any	6385
time spent under house arrest or house arrest with electronic	6386
monitoring imposed after earning credits pursuant to section	6387
2967.193 of the Revised Code.	6388

(GG) "Victim-offender mediation" means a reconciliation or	6389
mediation program that involves an offender and the victim of the	6390
offense committed by the offender and that includes a meeting in	6391
which the offender and the victim may discuss the offense, discuss	6392
restitution, and consider other sanctions for the offense.	6393

(HH) "Fourth degree felony OVI offense" means a violation of	6394
division (A) of section 4511.19 of the Revised Code that, under	6395
division (G) of that section, is a felony of the fourth degree.	6396

(II) "Mandatory term of local incarceration" means the term	6397
of sixty or one hundred twenty days in a jail, a community-based	6398
correctional facility, a halfway house, or an alternative	6399
residential facility that a sentencing court may impose upon a	6400
person who is convicted of or pleads guilty to a fourth degree	6401
felony OVI offense pursuant to division (G)(1) of section 2929.13	6402
of the Revised Code and division (G)(1)(d) or (e) of section	6403
4511.19 of the Revised Code.	6404

(JJ) "Designated homicide, assault, or kidnapping offense,"	6405
"violent sex offense," "sexual motivation specification,"	6406
"sexually violent offense," "sexually violent predator," and	6407
"sexually violent predator specification" have the same meanings	6408
as in section 2971.01 of the Revised Code.	6409

(KK) "Sexually oriented offense," "child-victim oriented	6410
offense," and "tier III sex offender/child-victim offender," have	6411
the same meanings as in section 2950.01 of the Revised Code.	6412

(LL) An offense is "committed in the vicinity of a child" if	6413
the offender commits the offense within thirty feet of or within	6414
the same residential unit as a child who is under eighteen years	6415
of age, regardless of whether the offender knows the age of the	6416
child or whether the offender knows the offense is being committed	6417
within thirty feet of or within the same residential unit as the	6418
child and regardless of whether the child actually views the	6419
commission of the offense.	6420

(MM) "Family or household member" has the same meaning as in	6421
section 2919.25 of the Revised Code.	6422

(NN) "Motor vehicle" and "manufactured home" have the same	6423
meanings as in section 4501.01 of the Revised Code.	6424

(OO) "Detention" and "detention facility" have the same	6425
meanings as in section 2921.01 of the Revised Code.	6426

(PP) "Third degree felony OVI offense" means a violation of	6427
division (A) of section 4511.19 of the Revised Code that, under	6428
division (G) of that section, is a felony of the third degree.	6429

(QQ) "Random drug testing" has the same meaning as in section	6430
5120.63 of the Revised Code.	6431

(RR) "Felony sex offense" has the same meaning as in section	6432
2967.28 of the Revised Code.	6433

(SS) "Body armor" has the same meaning as in section	6434
2941.1411 of the Revised Code.	6435

(TT) "Electronic monitoring" means monitoring through the use	6436
of an electronic monitoring device.	6437

(UU) "Electronic monitoring device" means any of the	6438
following:	6439

(1) Any device that can be operated by electrical or battery	6440
power and that conforms with all of the following:	6441

(a) The device has a transmitter that can be attached to a	6442
person, that will transmit a specified signal to a receiver of the	6443
type described in division (UU)(1)(b) of this section if the	6444
transmitter is removed from the person, turned off, or altered in	6445
any manner without prior court approval in relation to electronic	6446
monitoring or without prior approval of the department of	6447
rehabilitation and correction in relation to the use of an	6448
electronic monitoring device for an inmate on transitional control	6449
or otherwise is tampered with, that can transmit continuously and	6450
periodically a signal to that receiver when the person is within a	6451
specified distance from the receiver, and that can transmit an	6452
appropriate signal to that receiver if the person to whom it is	6453
attached travels a specified distance from that receiver.	6454

(b) The device has a receiver that can receive continuously	6455
the signals transmitted by a transmitter of the type described in	6456
division (UU)(1)(a) of this section, can transmit continuously	6457
those signals by a wireless or landline telephone connection to a	6458
central monitoring computer of the type described in division	6459
(UU)(1)(c) of this section, and can transmit continuously an	6460
appropriate signal to that central monitoring computer if the	6461
device has been turned off or altered without prior court approval	6462
or otherwise tampered with. The device is designed specifically	6463
for use in electronic monitoring, is not a converted wireless	6464
phone or another tracking device that is clearly not designed for	6465
electronic monitoring, and provides a means of text-based or voice	6466
communication with the person.	6467

(c) The device has a central monitoring computer that can	6468
receive continuously the signals transmitted by a wireless or	6469
landline telephone connection by a receiver of the type described	6470
in division (UU)(1)(b) of this section and can monitor	6471
continuously the person to whom an electronic monitoring device of	6472
the type described in division (UU)(1)(a) of this section is	6473
attached.	6474

(2) Any device that is not a device of the type described in	6475
division (UU)(1) of this section and that conforms with all of the	6476
following:	6477

(a) The device includes a transmitter and receiver that can	6478
monitor and determine the location of a subject person at any	6479
time, or at a designated point in time, through the use of a	6480
central monitoring computer or through other electronic means.	6481

(b) The device includes a transmitter and receiver that can	6482
determine at any time, or at a designated point in time, through	6483
the use of a central monitoring computer or other electronic means	6484
the fact that the transmitter is turned off or altered in any	6485
manner without prior approval of the court in relation to the	6486
electronic monitoring or without prior approval of the department	6487
of rehabilitation and correction in relation to the use of an	6488
electronic monitoring device for an inmate on transitional control	6489
or otherwise is tampered with.	6490

(3) Any type of technology that can adequately track or	6491
determine the location of a subject person at any time and that is	6492
approved by the director of rehabilitation and correction,	6493
including, but not limited to, any satellite technology, voice	6494
tracking system, or retinal scanning system that is so approved.	6495

(VV) "Non-economic loss" means nonpecuniary harm suffered by	6496
a victim of an offense as a result of or related to the commission	6497
of the offense, including, but not limited to, pain and suffering;	6498
loss of society, consortium, companionship, care, assistance,	6499
attention, protection, advice, guidance, counsel, instruction,	6500
training, or education; mental anguish; and any other intangible	6501
loss.	6502

(WW) "Prosecutor" has the same meaning as in section 2935.01	6503
of the Revised Code.	6504

(XX) "Continuous alcohol monitoring" means the ability to	6505
automatically test and periodically transmit alcohol consumption	6506
levels and tamper attempts at least every hour, regardless of the	6507
location of the person who is being monitored.	6508

(YY) A person is "adjudicated a sexually violent predator" if	6509
the person is convicted of or pleads guilty to a violent sex	6510
offense and also is convicted of or pleads guilty to a sexually	6511
violent predator specification that was included in the	6512
indictment, count in the indictment, or information charging that	6513
violent sex offense or if the person is convicted of or pleads	6514
guilty to a designated homicide, assault, or kidnapping offense	6515
and also is convicted of or pleads guilty to both a sexual	6516
motivation specification and a sexually violent predator	6517
specification that were included in the indictment, count in the	6518
indictment, or information charging that designated homicide,	6519
assault, or kidnapping offense.	6520

(ZZ) An offense is "committed in proximity to a school" if	6521
the offender commits the offense in a school safety zone or within	6522
five hundred feet of any school building or the boundaries of any	6523
school premises, regardless of whether the offender knows the	6524
offense is being committed in a school safety zone or within five	6525
hundred feet of any school building or the boundaries of any	6526
school premises.	6527

(AAA) "Human trafficking" means a scheme or plan to which all	6528
of the following apply:	6529

(1) Its object is to subject a victim or victims to	6530
involuntary servitude, as defined in section 2905.31 of the	6531
Revised Code, to compel a victim or victims to engage in sexual	6532
activity for hire, to engage in a performance that is obscene,	6533
sexually oriented, or nudity oriented, or to be a model or	6534
participant in the production of material that is obscene,	6535
sexually oriented, or nudity oriented.	6536

(2) It involves at least two felony offenses, whether or not	6537
there has been a prior conviction for any of the felony offenses,	6538
to which all of the following apply:	6539

(a) Each of the felony offenses is a violation of section	6540
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division	6541
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3),	6542
(4), or (5) of section 2919.22 of the Revised Code or is a	6543
violation of a law of any state other than this state that is	6544
substantially similar to any of the sections or divisions of the	6545
Revised Code identified in this division.	6546

(b) At least one of the felony offenses was committed in this	6547
state.	6548

(c) The felony offenses are related to the same scheme or	6549
plan and are not isolated instances.	6550

(BBB) "Material," "nudity," "obscene," "performance," and	6551
"sexual activity" have the same meanings as in section 2907.01 of	6552
the Revised Code.	6553

(CCC) "Material that is obscene, sexually oriented, or nudity	6554
oriented" means any material that is obscene, that shows a person	6555
participating or engaging in sexual activity, masturbation, or	6556
bestiality, or that shows a person in a state of nudity.	6557

(DDD) "Performance that is obscene, sexually oriented, or	6558
nudity oriented" means any performance that is obscene, that shows	6559
a person participating or engaging in sexual activity,	6560
masturbation, or bestiality, or that shows a person in a state of	6561
nudity.	6562

Sec. 2929.13. (A) Except as provided in division (E), (F),	6563
or (G) of this section and unless a specific sanction is required	6564
to be imposed or is precluded from being imposed pursuant to law,	6565
a court that imposes a sentence upon an offender for a felony may	6566
impose any sanction or combination of sanctions on the offender	6567
that are provided in sections 2929.14 to 2929.18 of the Revised	6568
Code. The sentence shall not impose an unnecessary burden on state	6569
or local government resources.	6570

If the offender is eligible to be sentenced to community	6571
control sanctions, the court shall consider the appropriateness of	6572
imposing a financial sanction pursuant to section 2929.18 of the	6573
Revised Code or a sanction of community service pursuant to	6574
section 2929.17 of the Revised Code as the sole sanction for the	6575
offense. Except as otherwise provided in this division, if the	6576
court is required to impose a mandatory prison term for the	6577
offense for which sentence is being imposed, the court also shall	6578
impose any financial sanction pursuant to section 2929.18 of the	6579
Revised Code that is required for the offense and may impose any	6580
other financial sanction pursuant to that section but may not	6581
impose any additional sanction or combination of sanctions under	6582
section 2929.16 or 2929.17 of the Revised Code.	6583

If the offender is being sentenced for a fourth degree felony	6584
OVI offense or for a third degree felony OVI offense, in addition	6585
to the mandatory term of local incarceration or the mandatory	6586
prison term required for the offense by division (G)(1) or (2) of	6587
this section, the court shall impose upon the offender a mandatory	6588
fine in accordance with division (B)(3) of section 2929.18 of the	6589
Revised Code and may impose whichever of the following is	6590
applicable:	6591

(1) For a fourth degree felony OVI offense for which sentence	6592
is imposed under division (G)(1) of this section, an additional	6593
community control sanction or combination of community control	6594
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	6595
the court imposes upon the offender a community control sanction	6596
and the offender violates any condition of the community control	6597
sanction, the court may take any action prescribed in division (B)	6598
of section 2929.15 of the Revised Code relative to the offender,	6599
including imposing a prison term on the offender pursuant to that	6600
division.	6601

(2) For a third or fourth degree felony OVI offense for which	6602
sentence is imposed under division (G)(2) of this section, an	6603
additional prison term as described in division (D)(4) of section	6604
2929.14 of the Revised Code or a community control sanction as	6605
described in division (G)(2) of this section.	6606

(B)(1) Except as provided in division (B)(2), (E), (F), or	6607
(G) of this section, in sentencing an offender for a felony of the	6608
fourth or fifth degree, the sentencing court shall determine	6609
whether any of the following apply:	6610

(a) In committing the offense, the offender caused physical	6611
harm to a person.	6612

(b) In committing the offense, the offender attempted to	6613
cause or made an actual threat of physical harm to a person with a	6614
deadly weapon.	6615

(c) In committing the offense, the offender attempted to	6616
cause or made an actual threat of physical harm to a person, and	6617
the offender previously was convicted of an offense that caused	6618
physical harm to a person.	6619

(d) The offender held a public office or position of trust	6620
and the offense related to that office or position; the offender's	6621
position obliged the offender to prevent the offense or to bring	6622
those committing it to justice; or the offender's professional	6623
reputation or position facilitated the offense or was likely to	6624
influence the future conduct of others.	6625

(e) The offender committed the offense for hire or as part of	6626
an organized criminal activity.	6627

(f) The offense is a sex offense that is a fourth or fifth	6628
degree felony violation of section 2907.03, 2907.04, 2907.05,	6629
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	6630
Revised Code.	6631

(g) The offender at the time of the offense was serving, or	6632
the offender previously had served, a prison term.	6633

(h) The offender committed the offense while under a	6634
community control sanction, while on probation, or while released	6635
from custody on a bond or personal recognizance.	6636

(i) The offender committed the offense while in possession of	6637
a firearm.	6638

(2)(a) If the court makes a finding described in division	6639
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	6640
section and if the court, after considering the factors set forth	6641
in section 2929.12 of the Revised Code, finds that a prison term	6642
is consistent with the purposes and principles of sentencing set	6643
forth in section 2929.11 of the Revised Code and finds that the	6644
offender is not amenable to an available community control	6645
sanction, the court shall impose a prison term upon the offender.	6646

(b) Except as provided in division (E), (F), or (G) of this	6647
section, if the court does not make a finding described in	6648
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	6649
this section and if the court, after considering the factors set	6650
forth in section 2929.12 of the Revised Code, finds that a	6651
community control sanction or combination of community control	6652
sanctions is consistent with the purposes and principles of	6653
sentencing set forth in section 2929.11 of the Revised Code, the	6654
court shall impose a community control sanction or combination of	6655
community control sanctions upon the offender.	6656

(C) Except as provided in division (D), (E), (F), or (G) of	6657
this section, in determining whether to impose a prison term as a	6658
sanction for a felony of the third degree or a felony drug offense	6659
that is a violation of a provision of Chapter 2925. of the Revised	6660
Code and that is specified as being subject to this division for	6661
purposes of sentencing, the sentencing court shall comply with the	6662
purposes and principles of sentencing under section 2929.11 of the	6663
Revised Code and with section 2929.12 of the Revised Code.	6664

(D)(1) Except as provided in division (E) or (F) of this	6665
section, for a felony of the first or second degree, for a felony	6666
drug offense that is a violation of any provision of Chapter	6667
2925., 3719., or 4729. of the Revised Code for which a presumption	6668
in favor of a prison term is specified as being applicable, and	6669
for a violation of division (A)(4) or (B) of section 2907.05 of	6670
the Revised Code for which a presumption in favor of a prison term	6671
is specified as being applicable, it is presumed that a prison	6672
term is necessary in order to comply with the purposes and	6673
principles of sentencing under section 2929.11 of the Revised	6674
Code. Division (D)(2) of this section does not apply to a	6675
presumption established under this division for a violation of	6676
division (A)(4) of section 2907.05 of the Revised Code.	6677

(2) Notwithstanding the presumption established under	6678
division (D)(1) of this section for the offenses listed in that	6679
division other than a violation of division (A)(4) or (B) of	6680
section 2907.05 of the Revised Code, the sentencing court may	6681
impose a community control sanction or a combination of community	6682
control sanctions instead of a prison term on an offender for a	6683
felony of the first or second degree or for a felony drug offense	6684
that is a violation of any provision of Chapter 2925., 3719., or	6685
4729. of the Revised Code for which a presumption in favor of a	6686
prison term is specified as being applicable if it makes both of	6687
the following findings:	6688

(a) A community control sanction or a combination of	6689
community control sanctions would adequately punish the offender	6690
and protect the public from future crime, because the applicable	6691
factors under section 2929.12 of the Revised Code indicating a	6692
lesser likelihood of recidivism outweigh the applicable factors	6693
under that section indicating a greater likelihood of recidivism.	6694

(b) A community control sanction or a combination of	6695
community control sanctions would not demean the seriousness of	6696
the offense, because one or more factors under section 2929.12 of	6697
the Revised Code that indicate that the offender's conduct was	6698
less serious than conduct normally constituting the offense are	6699
applicable, and they outweigh the applicable factors under that	6700
section that indicate that the offender's conduct was more serious	6701
than conduct normally constituting the offense.	6702

(E)(1) Except as provided in division (F) of this section,	6703
for any drug offense that is a violation of any provision of	6704
Chapter 2925. of the Revised Code and that is a felony of the	6705
third, fourth, or fifth degree, the applicability of a presumption	6706
under division (D) of this section in favor of a prison term or of	6707
division (B) or (C) of this section in determining whether to	6708
impose a prison term for the offense shall be determined as	6709
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	6710
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	6711
Revised Code, whichever is applicable regarding the violation.	6712

(2) If an offender who was convicted of or pleaded guilty to	6713
a felony violates the conditions of a community control sanction	6714
imposed for the offense solely by reason of producing positive	6715
results on a drug test, the court, as punishment for the violation	6716
of the sanction, shall not order that the offender be imprisoned	6717
unless the court determines on the record either of the following:	6718

(a) The offender had been ordered as a sanction for the	6719
felony to participate in a drug treatment program, in a drug	6720
education program, or in narcotics anonymous or a similar program,	6721
and the offender continued to use illegal drugs after a reasonable	6722
period of participation in the program.	6723

(b) The imprisonment of the offender for the violation is	6724
consistent with the purposes and principles of sentencing set	6725
forth in section 2929.11 of the Revised Code.	6726

(3) A court that sentences an offender for a drug abuse	6727
offense that is a felony of the third, fourth, or fifth degree may	6728
require that the offender be assessed by a properly credentialed	6729
professional within a specified period of time. The court shall	6730
require the professional to file a written assessment of the	6731
offender with the court. If the offender is eligible for a	6732
community control sanction and after considering the written	6733
assessment, the court may impose a community control sanction that	6734
includes treatment and recovery support services authorized by	6735
section 3793.02 of the Revised Code. If the court imposes	6736
treatment and recovery support services as a community control	6737
sanction, the court shall direct the level and type of treatment	6738
and recovery support services after considering the assessment and	6739
recommendation of treatment and recovery support services	6740
providers.	6741

(F) Notwithstanding divisions (A) to (E) of this section, the	6742
court shall impose a prison term or terms under sections 2929.02	6743
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	6744
of the Revised Code and except as specifically provided in section	6745
2929.20, division (C) of section 2967.19, or section 2967.191 of	6746
the Revised Code or when parole is authorized for the offense	6747
under section 2967.13 of the Revised Code shall not reduce the	6748
term or terms pursuant to section 2929.20, section 2967.19,	6749
section 2967.193, or any other provision of Chapter 2967. or	6750
Chapter 5120. of the Revised Code for any of the following	6751
offenses:	6752

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

6753

(2) Any rape, regardless of whether force was involved and	6754
regardless of the age of the victim, or an attempt to commit rape	6755
if, had the offender completed the rape that was attempted, the	6756
offender would have been guilty of a violation of division	6757
(A)(1)(b) of section 2907.02 of the Revised Code and would be	6758
sentenced under section 2971.03 of the Revised Code;	6759

(3) Gross sexual imposition or sexual battery, if the victim	6760
is less than thirteen years of age and if any of the following	6761
applies:	6762

(a) Regarding gross sexual imposition, the offender	6763
previously was convicted of or pleaded guilty to rape, the former	6764
offense of felonious sexual penetration, gross sexual imposition,	6765
or sexual battery, and the victim of the previous offense was less	6766
than thirteen years of age;	6767

(b) Regarding gross sexual imposition, the offense was	6768
committed on or after August 3, 2006, and evidence other than the	6769
testimony of the victim was admitted in the case corroborating the	6770
violation.	6771

(c) Regarding sexual battery, either of the following	6772
applies:	6773

(i) The offense was committed prior to August 3, 2006, the	6774
offender previously was convicted of or pleaded guilty to rape,	6775
the former offense of felonious sexual penetration, or sexual	6776
battery, and the victim of the previous offense was less than	6777
thirteen years of age.	6778

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

6779

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	6780
2903.11, 2903.12, 2903.13, or 2907.07 of the Revised Code if the	6781
section requires the imposition of a prison term;	6782

(5) A first, second, or third degree felony drug offense for	6783
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	6784
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	6785
4729.99 of the Revised Code, whichever is applicable regarding the	6786
violation, requires the imposition of a mandatory prison term;	6787

(6) Any offense that is a first or second degree felony and	6788
that is not set forth in division (F)(1), (2), (3), or (4) of this	6789
section, if the offender previously was convicted of or pleaded	6790
guilty to aggravated murder, murder, any first or second degree	6791
felony, or an offense under an existing or former law of this	6792
state, another state, or the United States that is or was	6793
substantially equivalent to one of those offenses;	6794

(7) Any offense that is a third degree felony and either is a	6795
violation of section 2903.04 of the Revised Code or an attempt to	6796
commit a felony of the second degree that is an offense of	6797
violence and involved an attempt to cause serious physical harm to	6798
a person or that resulted in serious physical harm to a person if	6799
the offender previously was convicted of or pleaded guilty to any	6800
of the following offenses:	6801

(a) Aggravated murder, murder, involuntary manslaughter,	6802
rape, felonious sexual penetration as it existed under section	6803
2907.12 of the Revised Code prior to September 3, 1996, a felony	6804
of the first or second degree that resulted in the death of a	6805
person or in physical harm to a person, or complicity in or an	6806
attempt to commit any of those offenses;	6807

(b) An offense under an existing or former law of this state,	6808
another state, or the United States that is or was substantially	6809
equivalent to an offense listed in division (F)(7)(a) of this	6810
section that resulted in the death of a person or in physical harm	6811
to a person.	6812

(8) Any offense, other than a violation of section 2923.12 of	6813
the Revised Code, that is a felony, if the offender had a firearm	6814
on or about the offender's person or under the offender's control	6815
while committing the felony, with respect to a portion of the	6816
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	6817
of the Revised Code for having the firearm;	6818

(9) Any offense of violence that is a felony, if the offender	6819
wore or carried body armor while committing the felony offense of	6820
violence, with respect to the portion of the sentence imposed	6821
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	6822
Code for wearing or carrying the body armor;	6823

(10) Corrupt activity in violation of section 2923.32 of the	6824
Revised Code when the most serious offense in the pattern of	6825
corrupt activity that is the basis of the offense is a felony of	6826
the first degree;	6827

(11) Any violent sex offense or designated homicide, assault,	6828
or kidnapping offense if, in relation to that offense, the	6829
offender is adjudicated a sexually violent predator;	6830

(12) A violation of division (A)(1) or (2) of section 2921.36	6831
of the Revised Code, or a violation of division (C) of that	6832
section involving an item listed in division (A)(1) or (2) of that	6833
section, if the offender is an officer or employee of the	6834
department of rehabilitation and correction;	6835

(13) A violation of division (A)(1) or (2) of section 2903.06	6836
of the Revised Code if the victim of the offense is a peace	6837
officer, as defined in section 2935.01 of the Revised Code, or an	6838
investigator of the bureau of criminal identification and	6839
investigation, as defined in section 2903.11 of the Revised Code,	6840
with respect to the portion of the sentence imposed pursuant to	6841
division (D)(5) of section 2929.14 of the Revised Code;	6842

(14) A violation of division (A)(1) or (2) of section 2903.06	6843
of the Revised Code if the offender has been convicted of or	6844
pleaded guilty to three or more violations of division (A) or (B)	6845
of section 4511.19 of the Revised Code or an equivalent offense,	6846
as defined in section 2941.1415 of the Revised Code, or three or	6847
more violations of any combination of those divisions and	6848
offenses, with respect to the portion of the sentence imposed	6849
pursuant to division (D)(6) of section 2929.14 of the Revised	6850
Code;	6851

(15) Kidnapping, in the circumstances specified in section	6852
2971.03 of the Revised Code and when no other provision of	6853
division (F) of this section applies;	6854

(16) Kidnapping, abduction, compelling prostitution,	6855
promoting prostitution, engaging in a pattern of corrupt activity,	6856
illegal use of a minor in a nudity-oriented material or	6857
performance in violation of division (A)(1) or (2) of section	6858
2907.323 of the Revised Code, or endangering children in violation	6859
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	6860
the Revised Code, if the offender is convicted of or pleads guilty	6861
to a specification as described in section 2941.1422 of the	6862
Revised Code that was included in the indictment, count in the	6863
indictment, or information charging the offense;	6864

(17) A felony violation of division (A) or (B) of section	6865
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	6866
that section, and division (D)(6) of that section, require the	6867
imposition of a prison term;	6868

(18) A felony violation of section 2903.11, 2903.12, or	6869
2903.13 of the Revised Code, if the victim of the offense was a	6870
woman that the offender knew was pregnant at the time of the	6871
violation, with respect to a portion of the sentence imposed	6872
pursuant to division (D)(8) of section 2929.14 of the Revised	6873
Code.	6874

(G) Notwithstanding divisions (A) to (E) of this section, if	6875
an offender is being sentenced for a fourth degree felony OVI	6876
offense or for a third degree felony OVI offense, the court shall	6877
impose upon the offender a mandatory term of local incarceration	6878
or a mandatory prison term in accordance with the following:	6879

(1) If the offender is being sentenced for a fourth degree	6880
felony OVI offense and if the offender has not been convicted of	6881
and has not pleaded guilty to a specification of the type	6882
described in section 2941.1413 of the Revised Code, the court may	6883
impose upon the offender a mandatory term of local incarceration	6884
of sixty days or one hundred twenty days as specified in division	6885
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	6886
not reduce the term pursuant to section 2929.20, 2967.193, or any	6887
other provision of the Revised Code. The court that imposes a	6888
mandatory term of local incarceration under this division shall	6889
specify whether the term is to be served in a jail, a	6890
community-based correctional facility, a halfway house, or an	6891
alternative residential facility, and the offender shall serve the	6892
term in the type of facility specified by the court. A mandatory	6893
term of local incarceration imposed under division (G)(1) of this	6894
section is not subject to any other Revised Code provision that	6895
pertains to a prison term except as provided in division (A)(1) of	6896
this section.	6897

(2) If the offender is being sentenced for a third degree	6898
felony OVI offense, or if the offender is being sentenced for a	6899
fourth degree felony OVI offense and the court does not impose a	6900
mandatory term of local incarceration under division (G)(1) of	6901
this section, the court shall impose upon the offender a mandatory	6902
prison term of one, two, three, four, or five years if the	6903
offender also is convicted of or also pleads guilty to a	6904
specification of the type described in section 2941.1413 of the	6905
Revised Code or shall impose upon the offender a mandatory prison	6906
term of sixty days or one hundred twenty days as specified in	6907
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	6908
if the offender has not been convicted of and has not pleaded	6909
guilty to a specification of that type. ~~The~~Subject to division	6910
(C) of section 2967.19 of the Revised Code, the court shall not	6911
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or	6912
any other provision of the Revised Code. The offender shall serve	6913
the one-, two-, three-, four-, or five-year mandatory prison term	6914
consecutively to and prior to the prison term imposed for the	6915
underlying offense and consecutively to any other mandatory prison	6916
term imposed in relation to the offense. In no case shall an	6917
offender who once has been sentenced to a mandatory term of local	6918
incarceration pursuant to division (G)(1) of this section for a	6919
fourth degree felony OVI offense be sentenced to another mandatory	6920
term of local incarceration under that division for any violation	6921
of division (A) of section 4511.19 of the Revised Code. In	6922
addition to the mandatory prison term described in division (G)(2)	6923
of this section, the court may sentence the offender to a	6924
community control sanction under section 2929.16 or 2929.17 of the	6925
Revised Code, but the offender shall serve the prison term prior	6926
to serving the community control sanction. The department of	6927
rehabilitation and correction may place an offender sentenced to a	6928
mandatory prison term under this division in an intensive program	6929
prison established pursuant to section 5120.033 of the Revised	6930
Code if the department gave the sentencing judge prior notice of	6931
its intent to place the offender in an intensive program prison	6932
established under that section and if the judge did not notify the	6933
department that the judge disapproved the placement. Upon the	6934
establishment of the initial intensive program prison pursuant to	6935
section 5120.033 of the Revised Code that is privately operated	6936
and managed by a contractor pursuant to a contract entered into	6937
under section 9.06 of the Revised Code, both of the following	6938
apply:	6939

(a) The department of rehabilitation and correction shall	6940
make a reasonable effort to ensure that a sufficient number of	6941
offenders sentenced to a mandatory prison term under this division	6942
are placed in the privately operated and managed prison so that	6943
the privately operated and managed prison has full occupancy.	6944

(b) Unless the privately operated and managed prison has full	6945
occupancy, the department of rehabilitation and correction shall	6946
not place any offender sentenced to a mandatory prison term under	6947
this division in any intensive program prison established pursuant	6948
to section 5120.033 of the Revised Code other than the privately	6949
operated and managed prison.	6950

(H) If an offender is being sentenced for a sexually oriented	6951
offense or child-victim oriented offense that is a felony	6952
committed on or after January 1, 1997, the judge shall require the	6953
offender to submit to a DNA specimen collection procedure pursuant	6954
to section 2901.07 of the Revised Code.	6955

(I) If an offender is being sentenced for a sexually oriented	6956
offense or a child-victim oriented offense committed on or after	6957
January 1, 1997, the judge shall include in the sentence a summary	6958
of the offender's duties imposed under sections 2950.04, 2950.041,	6959
2950.05, and 2950.06 of the Revised Code and the duration of the	6960
duties. The judge shall inform the offender, at the time of	6961
sentencing, of those duties and of their duration. If required	6962
under division (A)(2) of section 2950.03 of the Revised Code, the	6963
judge shall perform the duties specified in that section, or, if	6964
required under division (A)(6) of section 2950.03 of the Revised	6965
Code, the judge shall perform the duties specified in that	6966
division.	6967

(J)(1) Except as provided in division (J)(2) of this section,	6968
when considering sentencing factors under this section in relation	6969
to an offender who is convicted of or pleads guilty to an attempt	6970
to commit an offense in violation of section 2923.02 of the	6971
Revised Code, the sentencing court shall consider the factors	6972
applicable to the felony category of the violation of section	6973
2923.02 of the Revised Code instead of the factors applicable to	6974
the felony category of the offense attempted.	6975

(2) When considering sentencing factors under this section in	6976
relation to an offender who is convicted of or pleads guilty to an	6977
attempt to commit a drug abuse offense for which the penalty is	6978
determined by the amount or number of unit doses of the controlled	6979
substance involved in the drug abuse offense, the sentencing court	6980
shall consider the factors applicable to the felony category that	6981
the drug abuse offense attempted would be if that drug abuse	6982
offense had been committed and had involved an amount or number of	6983
unit doses of the controlled substance that is within the next	6984
lower range of controlled substance amounts than was involved in	6985
the attempt.	6986

(K) As used in this section, "drug abuse offense" has the	6987
same meaning as in section 2925.01 of the Revised Code.	6988

(L) At the time of sentencing an offender for any sexually	6989
oriented offense, if the offender is a tier III sex	6990
offender/child-victim offender relative to that offense and the	6991
offender does not serve a prison term or jail term, the court may	6992
require that the offender be monitored by means of a global	6993
positioning device. If the court requires such monitoring, the	6994
cost of monitoring shall be borne by the offender. If the offender	6995
is indigent, the cost of compliance shall be paid by the crime	6996
victims reparations fund.	6997

Sec. 2929.14. (A) Except as provided in division (C),	6998
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (D)(7), (D)(8),	6999
(G), (I), (J), or (L) of this section or in division (D)(6) of	7000
section 2919.25 of the Revised Code and except in relation to an	7001
offense for which a sentence of death or life imprisonment is to	7002
be imposed, if the court imposing a sentence upon an offender for	7003
a felony elects or is required to impose a prison term on the	7004
offender pursuant to this chapter, the court shall impose a	7005
definite prison term that shall be one of the following:	7006

(1) For a felony of the first degree, the prison term shall	7007
be three, four, five, six, seven, eight, nine, or ten years.	7008

(2) For a felony of the second degree, the prison term shall	7009
be two, three, four, five, six, seven, or eight years.	7010

(3) For a felony of the third degree, the prison term shall	7011
be one, two, three, four, or five years.	7012

(4) For a felony of the fourth degree, the prison term shall	7013
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	7014
fourteen, fifteen, sixteen, seventeen, or eighteen months.	7015

(5) For a felony of the fifth degree, the prison term shall	7016
be six, seven, eight, nine, ten, eleven, or twelve months.	7017

(B) Except as provided in division (C), (D)(1), (D)(2),	7018
(D)(3), (D)(5), (D)(6), (D)(7), (D)(8), (G), (I), (J), or (L) of	7019
this section, in section 2907.02 , 2907.05, or 2919.25 of the	7020
Revised Code, or in Chapter 2925. of the Revised Code, if the	7021
court imposing a sentence upon an offender for a felony elects or	7022
is required to impose a prison term on the offender, the court	7023
shall impose the shortest prison term authorized for the offense	7024
pursuant to division (A) of this section, unless one or more of	7025
the following applies:	7026

(1) The offender was serving a prison term at the time of the	7027
offense, or the offender previously had served a prison term.	7028

(2) The court finds on the record that the shortest prison	7029
term will demean the seriousness of the offender's conduct or will	7030
not adequately protect the public from future crime by the	7031
offender or others.	7032

(C) Except as provided in division (D)(7), (D)(8), (G), or	7033
(L) of this section, in section 2919.25 of the Revised Code, or in	7034
Chapter 2925. of the Revised Code, the court imposing a sentence	7035
upon an offender for a felony may impose the longest prison term	7036
authorized for the offense pursuant to division (A) of this	7037
section only upon offenders who committed the worst forms of the	7038
offense, upon offenders who pose the greatest likelihood of	7039
committing future crimes, upon certain major drug offenders under	7040
division (D)(3) of this section, and upon certain repeat violent	7041
offenders in accordance with division (D)(2) of this section.	7042

(D)(1)(a) Except as provided in division (D)(1)(e) of this	7043
section, if an offender who is convicted of or pleads guilty to a	7044
felony also is convicted of or pleads guilty to a specification of	7045
the type described in section 2941.141, 2941.144, or 2941.145 of	7046
the Revised Code, the court shall impose on the offender one of	7047
the following prison terms:	7048

(i) A prison term of six years if the specification is of the	7049
type described in section 2941.144 of the Revised Code that	7050
charges the offender with having a firearm that is an automatic	7051
firearm or that was equipped with a firearm muffler or silencer on	7052
or about the offender's person or under the offender's control	7053
while committing the felony;	7054

(ii) A prison term of three years if the specification is of	7055
the type described in section 2941.145 of the Revised Code that	7056
charges the offender with having a firearm on or about the	7057
offender's person or under the offender's control while committing	7058
the offense and displaying the firearm, brandishing the firearm,	7059
indicating that the offender possessed the firearm, or using it to	7060
facilitate the offense;	7061

(iii) A prison term of one year if the specification is of	7062
the type described in section 2941.141 of the Revised Code that	7063
charges the offender with having a firearm on or about the	7064
offender's person or under the offender's control while committing	7065
the felony.	7066

(b) If a court imposes a prison term on an offender under	7067
division (D)(1)(a) of this section, the prison term shall not be	7068
reduced pursuant to section 2967.19, section 2929.20, section	7069
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	7070
of the Revised Code. Except as provided in division (D)(1)(g) of	7071
this section, a court shall not impose more than one prison term	7072
on an offender under division (D)(1)(a) of this section for	7073
felonies committed as part of the same act or transaction.	7074

(c) Except as provided in division (D)(1)(e) of this section,	7075
if an offender who is convicted of or pleads guilty to a violation	7076
of section 2923.161 of the Revised Code or to a felony that	7077
includes, as an essential element, purposely or knowingly causing	7078
or attempting to cause the death of or physical harm to another,	7079
also is convicted of or pleads guilty to a specification of the	7080
type described in section 2941.146 of the Revised Code that	7081
charges the offender with committing the offense by discharging a	7082
firearm from a motor vehicle other than a manufactured home, the	7083
court, after imposing a prison term on the offender for the	7084
violation of section 2923.161 of the Revised Code or for the other	7085
felony offense under division (A), (D)(2), or (D)(3) of this	7086
section, shall impose an additional prison term of five years upon	7087
the offender that shall not be reduced pursuant to section	7088
2929.20, section 2967.19, section 2967.193, or any other provision	7089
of Chapter 2967. or Chapter 5120. of the Revised Code. A court	7090
shall not impose more than one additional prison term on an	7091
offender under division (D)(1)(c) of this section for felonies	7092
committed as part of the same act or transaction. If a court	7093
imposes an additional prison term on an offender under division	7094
(D)(1)(c) of this section relative to an offense, the court also	7095
shall impose a prison term under division (D)(1)(a) of this	7096
section relative to the same offense, provided the criteria	7097
specified in that division for imposing an additional prison term	7098
are satisfied relative to the offender and the offense.	7099

(d) If an offender who is convicted of or pleads guilty to an	7100
offense of violence that is a felony also is convicted of or	7101
pleads guilty to a specification of the type described in section	7102
2941.1411 of the Revised Code that charges the offender with	7103
wearing or carrying body armor while committing the felony offense	7104
of violence, the court shall impose on the offender a prison term	7105
of two years. The prison term so imposed, subject to division (C)	7106
of section 2967.19 of the Revised Code, shall not be reduced	7107
pursuant to section 2929.20, section 2967.19, section 2967.193, or	7108
any other provision of Chapter 2967. or Chapter 5120. of the	7109
Revised Code. A court shall not impose more than one prison term	7110
on an offender under division (D)(1)(d) of this section for	7111
felonies committed as part of the same act or transaction. If a	7112
court imposes an additional prison term under division (D)(1)(a)	7113
or (c) of this section, the court is not precluded from imposing	7114
an additional prison term under division (D)(1)(d) of this	7115
section.	7116

(e) The court shall not impose any of the prison terms	7117
described in division (D)(1)(a) of this section or any of the	7118
additional prison terms described in division (D)(1)(c) of this	7119
section upon an offender for a violation of section 2923.12 or	7120
2923.123 of the Revised Code. The court shall not impose any of	7121
the prison terms described in division (D)(1)(a) or (b) of this	7122
section upon an offender for a violation of section 2923.122 that	7123
involves a deadly weapon that is a firearm other than a dangerous	7124
ordnance, section 2923.16, or section 2923.121 of the Revised	7125
Code. The court shall not impose any of the prison terms described	7126
in division (D)(1)(a) of this section or any of the additional	7127
prison terms described in division (D)(1)(c) of this section upon	7128
an offender for a violation of section 2923.13 of the Revised Code	7129
unless all of the following apply:	7130

(i) The offender previously has been convicted of aggravated	7131
murder, murder, or any felony of the first or second degree.	7132

(ii) Less than five years have passed since the offender was	7133
released from prison or post-release control, whichever is later,	7134
for the prior offense.	7135

(f) If an offender is convicted of or pleads guilty to a	7136
felony that includes, as an essential element, causing or	7137
attempting to cause the death of or physical harm to another and	7138
also is convicted of or pleads guilty to a specification of the	7139
type described in section 2941.1412 of the Revised Code that	7140
charges the offender with committing the offense by discharging a	7141
firearm at a peace officer as defined in section 2935.01 of the	7142
Revised Code or a corrections officer, as defined in section	7143
2941.1412 of the Revised Code, the court, after imposing a prison	7144
term on the offender for the felony offense under division (A),	7145
(D)(2), or (D)(3) of this section, shall impose an additional	7146
prison term of seven years upon the offender that shall not be	7147
reduced pursuant to section 2929.20, section 2967.19, section	7148
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	7149
of the Revised Code. If an offender is convicted of or pleads	7150
guilty to two or more felonies that include, as an essential	7151
element, causing or attempting to cause the death or physical harm	7152
to another and also is convicted of or pleads guilty to a	7153
specification of the type described under division (D)(1)(f) of	7154
this section in connection with two or more of the felonies of	7155
which the offender is convicted or to which the offender pleads	7156
guilty, the sentencing court shall impose on the offender the	7157
prison term specified under division (D)(1)(f) of this section for	7158
each of two of the specifications of which the offender is	7159
convicted or to which the offender pleads guilty and, in its	7160
discretion, also may impose on the offender the prison term	7161
specified under that division for any or all of the remaining	7162
specifications. If a court imposes an additional prison term on an	7163
offender under division (D)(1)(f) of this section relative to an	7164
offense, the court shall not impose a prison term under division	7165
(D)(1)(a) or (c) of this section relative to the same offense.	7166

(g) If an offender is convicted of or pleads guilty to two or	7167
more felonies, if one or more of those felonies is aggravated	7168
murder, murder, attempted aggravated murder, attempted murder,	7169
aggravated robbery, felonious assault, or rape, and if the	7170
offender is convicted of or pleads guilty to a specification of	7171
the type described under division (D)(1)(a) of this section in	7172
connection with two or more of the felonies, the sentencing court	7173
shall impose on the offender the prison term specified under	7174
division (D)(1)(a) of this section for each of the two most	7175
serious specifications of which the offender is convicted or to	7176
which the offender pleads guilty and, in its discretion, also may	7177
impose on the offender the prison term specified under that	7178
division for any or all of the remaining specifications.	7179

(2)(a) If division (D)(2)(b) of this section does not apply,	7180
the court may impose on an offender, in addition to the longest	7181
prison term authorized or required for the offense, an additional	7182
definite prison term of one, two, three, four, five, six, seven,	7183
eight, nine, or ten years if all of the following criteria are	7184
met:	7185

(i) The offender is convicted of or pleads guilty to a	7186
specification of the type described in section 2941.149 of the	7187
Revised Code that the offender is a repeat violent offender.	7188

(ii) The offense of which the offender currently is convicted	7189
or to which the offender currently pleads guilty is aggravated	7190
murder and the court does not impose a sentence of death or life	7191
imprisonment without parole, murder, terrorism and the court does	7192
not impose a sentence of life imprisonment without parole, any	7193
felony of the first degree that is an offense of violence and the	7194
court does not impose a sentence of life imprisonment without	7195
parole, or any felony of the second degree that is an offense of	7196
violence and the trier of fact finds that the offense involved an	7197
attempt to cause or a threat to cause serious physical harm to a	7198
person or resulted in serious physical harm to a person.	7199

(iii) The court imposes the longest prison term for the	7200
offense that is not life imprisonment without parole.	7201

(iv) The court finds that the prison terms imposed pursuant	7202
to division (D)(2)(a)(iii) of this section and, if applicable,	7203
division (D)(1) or (3) of this section are inadequate to punish	7204
the offender and protect the public from future crime, because the	7205
applicable factors under section 2929.12 of the Revised Code	7206
indicating a greater likelihood of recidivism outweigh the	7207
applicable factors under that section indicating a lesser	7208
likelihood of recidivism.	7209

(v) The court finds that the prison terms imposed pursuant to	7210
division (D)(2)(a)(iii) of this section and, if applicable,	7211
division (D)(1) or (3) of this section are demeaning to the	7212
seriousness of the offense, because one or more of the factors	7213
under section 2929.12 of the Revised Code indicating that the	7214
offender's conduct is more serious than conduct normally	7215
constituting the offense are present, and they outweigh the	7216
applicable factors under that section indicating that the	7217
offender's conduct is less serious than conduct normally	7218
constituting the offense.	7219

(b) The court shall impose on an offender the longest prison	7220
term authorized or required for the offense and shall impose on	7221
the offender an additional definite prison term of one, two,	7222
three, four, five, six, seven, eight, nine, or ten years if all of	7223
the following criteria are met:	7224

(i) The offender is convicted of or pleads guilty to a	7225
specification of the type described in section 2941.149 of the	7226
Revised Code that the offender is a repeat violent offender.	7227

(ii) The offender within the preceding twenty years has been	7228
convicted of or pleaded guilty to three or more offenses described	7229
in division (CC)(1) of section 2929.01 of the Revised Code,	7230
including all offenses described in that division of which the	7231
offender is convicted or to which the offender pleads guilty in	7232
the current prosecution and all offenses described in that	7233
division of which the offender previously has been convicted or to	7234
which the offender previously pleaded guilty, whether prosecuted	7235
together or separately.	7236

(iii) The offense or offenses of which the offender currently	7237
is convicted or to which the offender currently pleads guilty is	7238
aggravated murder and the court does not impose a sentence of	7239
death or life imprisonment without parole, murder, terrorism and	7240
the court does not impose a sentence of life imprisonment without	7241
parole, any felony of the first degree that is an offense of	7242
violence and the court does not impose a sentence of life	7243
imprisonment without parole, or any felony of the second degree	7244
that is an offense of violence and the trier of fact finds that	7245
the offense involved an attempt to cause or a threat to cause	7246
serious physical harm to a person or resulted in serious physical	7247
harm to a person.	7248

(c) For purposes of division (D)(2)(b) of this section, two	7249
or more offenses committed at the same time or as part of the same	7250
act or event shall be considered one offense, and that one offense	7251
shall be the offense with the greatest penalty.	7252

(d) A sentence imposed under division (D)(2)(a) or (b) of	7253
this section shall not be reduced pursuant to section 2929.20,	7254
section 2967.19, or section 2967.193, or any other provision of	7255
Chapter 2967. or Chapter 5120. of the Revised Code. The offender	7256
shall serve an additional prison term imposed under this section	7257
consecutively to and prior to the prison term imposed for the	7258
underlying offense.	7259

(e) When imposing a sentence pursuant to division (D)(2)(a)	7260
or (b) of this section, the court shall state its findings	7261
explaining the imposed sentence.	7262

(3)(a) Except when an offender commits a violation of section	7263
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	7264
the violation is life imprisonment or commits a violation of	7265
section 2903.02 of the Revised Code, if the offender commits a	7266
violation of section 2925.03 or 2925.11 of the Revised Code and	7267
that section classifies the offender as a major drug offender and	7268
requires the imposition of a ten-year prison term on the offender,	7269
if the offender commits a felony violation of section 2925.02,	7270
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	7271
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	7272
division (C) of section 4729.51, or division (J) of section	7273
4729.54 of the Revised Code that includes the sale, offer to sell,	7274
or possession of a schedule I or II controlled substance, with the	7275
exception of marihuana, and the court imposing sentence upon the	7276
offender finds that the offender is guilty of a specification of	7277
the type described in section 2941.1410 of the Revised Code	7278
charging that the offender is a major drug offender, if the court	7279
imposing sentence upon an offender for a felony finds that the	7280
offender is guilty of corrupt activity with the most serious	7281
offense in the pattern of corrupt activity being a felony of the	7282
first degree, or if the offender is guilty of an attempted	7283
violation of section 2907.02 of the Revised Code and, had the	7284
offender completed the violation of section 2907.02 of the Revised	7285
Code that was attempted, the offender would have been subject to a	7286
sentence of life imprisonment or life imprisonment without parole	7287
for the violation of section 2907.02 of the Revised Code, the	7288
court shall impose upon the offender for the felony violation a	7289
ten-year prison term that, subject to division (C) of section	7290
2967.19 of the Revised Code, cannot be reduced pursuant to section	7291
2929.20, section 2967.19, or any other provision of Chapter 2967.	7292
or 5120. of the Revised Code.	7293

(b) The court imposing a prison term on an offender under	7294
division (D)(3)(a) of this section may impose an additional prison	7295
term of one, two, three, four, five, six, seven, eight, nine, or	7296
ten years, if the court, with respect to the term imposed under	7297
division (D)(3)(a) of this section and, if applicable, divisions	7298
(D)(1) and (2) of this section, makes both of the findings set	7299
forth in divisions (D)(2)(a)(iv) and (v) of this section.	7300

(4) If the offender is being sentenced for a third or fourth	7301
degree felony OVI offense under division (G)(2) of section 2929.13	7302
of the Revised Code, the sentencing court shall impose upon the	7303
offender a mandatory prison term in accordance with that division.	7304
In addition to the mandatory prison term, if the offender is being	7305
sentenced for a fourth degree felony OVI offense, the court,	7306
notwithstanding division (A)(4) of this section, may sentence the	7307
offender to a definite prison term of not less than six months and	7308
not more than thirty months, and if the offender is being	7309
sentenced for a third degree felony OVI offense, the sentencing	7310
court may sentence the offender to an additional prison term of	7311
any duration specified in division (A)(3) of this section. In	7312
either case, the additional prison term imposed shall be reduced	7313
by the sixty or one hundred twenty days imposed upon the offender	7314
as the mandatory prison term. The total of the additional prison	7315
term imposed under division (D)(4) of this section plus the sixty	7316
or one hundred twenty days imposed as the mandatory prison term	7317
shall equal a definite term in the range of six months to thirty	7318
months for a fourth degree felony OVI offense and shall equal one	7319
of the authorized prison terms specified in division (A)(3) of	7320
this section for a third degree felony OVI offense. If the court	7321
imposes an additional prison term under division (D)(4) of this	7322
section, the offender shall serve the additional prison term after	7323
the offender has served the mandatory prison term required for the	7324
offense. In addition to the mandatory prison term or mandatory and	7325
additional prison term imposed as described in division (D)(4) of	7326
this section, the court also may sentence the offender to a	7327
community control sanction under section 2929.16 or 2929.17 of the	7328
Revised Code, but the offender shall serve all of the prison terms	7329
so imposed prior to serving the community control sanction.	7330

If the offender is being sentenced for a fourth degree felony	7331
OVI offense under division (G)(1) of section 2929.13 of the	7332
Revised Code and the court imposes a mandatory term of local	7333
incarceration, the court may impose a prison term as described in	7334
division (A)(1) of that section.	7335

(5) If an offender is convicted of or pleads guilty to a	7336
violation of division (A)(1) or (2) of section 2903.06 of the	7337
Revised Code and also is convicted of or pleads guilty to a	7338
specification of the type described in section 2941.1414 of the	7339
Revised Code that charges that the victim of the offense is a	7340
peace officer, as defined in section 2935.01 of the Revised Code,	7341
or an investigator of the bureau of criminal identification and	7342
investigation, as defined in section 2903.11 of the Revised Code,	7343
the court shall impose on the offender a prison term of five	7344
years. If a court imposes a prison term on an offender under	7345
division (D)(5) of this section, the prison term, subject to	7346
division (C) of section 2967.19 of the Revised Code, shall not be	7347
reduced pursuant to section 2929.20, section 2967.19, section	7348
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	7349
of the Revised Code. A court shall not impose more than one prison	7350
term on an offender under division (D)(5) of this section for	7351
felonies committed as part of the same act.	7352

(6) If an offender is convicted of or pleads guilty to a	7353
violation of division (A)(1) or (2) of section 2903.06 of the	7354
Revised Code and also is convicted of or pleads guilty to a	7355
specification of the type described in section 2941.1415 of the	7356
Revised Code that charges that the offender previously has been	7357
convicted of or pleaded guilty to three or more violations of	7358
division (A) or (B) of section 4511.19 of the Revised Code or an	7359
equivalent offense, as defined in section 2941.1415 of the Revised	7360
Code, or three or more violations of any combination of those	7361
divisions and offenses, the court shall impose on the offender a	7362
prison term of three years. If a court imposes a prison term on an	7363
offender under division (D)(6) of this section, the prison term,	7364
subject to division (C) of section 2967.19 of the Revised Code,	7365
shall not be reduced pursuant to section 2929.20, section 2967.19,	7366
section 2967.193, or any other provision of Chapter 2967. or	7367
Chapter 5120. of the Revised Code. A court shall not impose more	7368
than one prison term on an offender under division (D)(6) of this	7369
section for felonies committed as part of the same act.	7370

(7)(a) If an offender is convicted of or pleads guilty to a	7371
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or	7372
2923.32, division (A)(1) or (2) of section 2907.323, or division	7373
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised	7374
Code and also is convicted of or pleads guilty to a specification	7375
of the type described in section 2941.1422 of the Revised Code	7376
that charges that the offender knowingly committed the offense in	7377
furtherance of human trafficking, the court shall impose on the	7378
offender a mandatory prison term that is one of the following:	7379

(i) If the offense is a felony of the first degree, a	7380
definite prison term of not less than five years and not greater	7381
than ten years;	7382

(ii) If the offense is a felony of the second or third	7383
degree, a definite prison term of not less than three years and	7384
not greater than the maximum prison term allowed for the offense	7385
by division (A) of section 2929.14 of the Revised Code;	7386

(iii) If the offense is a felony of the fourth or fifth	7387
degree, a definite prison term that is the maximum prison term	7388
allowed for the offense by division (A) of section 2929.14 of the	7389
Revised Code.	7390

(b) ~~The~~Subject to division (C) of section 2967.19 of the	7391
Revised Code, the prison term imposed under division (D)(7)(a) of	7392
this section shall not be reduced pursuant to section 2929.20,	7393
section 2967.19, section 2967.193, or any other provision of	7394
Chapter 2967. of the Revised Code. A court shall not impose more	7395
than one prison term on an offender under division (D)(7)(a) of	7396
this section for felonies committed as part of the same act,	7397
scheme, or plan.	7398

(8) If an offender is convicted of or pleads guilty to a	7399
felony violation of section 2903.11, 2903.12, or 2903.13 of the	7400
Revised Code and also is convicted of or pleads guilty to a	7401
specification of the type described in section 2941.1423 of the	7402
Revised Code that charges that the victim of the violation was a	7403
woman whom the offender knew was pregnant at the time of the	7404
violation, notwithstanding the range of prison terms prescribed in	7405
division (A) of this section for felonies of the same degree as	7406
the violation, the court shall impose on the offender a mandatory	7407
prison term that is either a definite prison term of six months or	7408
one of the prison terms prescribed in section 2929.14 of the	7409
Revised Code for felonies of the same degree as the violation.	7410

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	7411
mandatory prison term is imposed upon an offender pursuant to	7412
division (D)(1)(a) of this section for having a firearm on or	7413
about the offender's person or under the offender's control while	7414
committing a felony, if a mandatory prison term is imposed upon an	7415
offender pursuant to division (D)(1)(c) of this section for	7416
committing a felony specified in that division by discharging a	7417
firearm from a motor vehicle, or if both types of mandatory prison	7418
terms are imposed, the offender shall serve any mandatory prison	7419
term imposed under either division consecutively to any other	7420
mandatory prison term imposed under either division or under	7421
division (D)(1)(d) of this section, consecutively to and prior to	7422
any prison term imposed for the underlying felony pursuant to	7423
division (A), (D)(2), or (D)(3) of this section or any other	7424
section of the Revised Code, and consecutively to any other prison	7425
term or mandatory prison term previously or subsequently imposed	7426
upon the offender.	7427

(b) If a mandatory prison term is imposed upon an offender	7428
pursuant to division (D)(1)(d) of this section for wearing or	7429
carrying body armor while committing an offense of violence that	7430
is a felony, the offender shall serve the mandatory term so	7431
imposed consecutively to any other mandatory prison term imposed	7432
under that division or under division (D)(1)(a) or (c) of this	7433
section, consecutively to and prior to any prison term imposed for	7434
the underlying felony under division (A), (D)(2), or (D)(3) of	7435
this section or any other section of the Revised Code, and	7436
consecutively to any other prison term or mandatory prison term	7437
previously or subsequently imposed upon the offender.	7438

(c) If a mandatory prison term is imposed upon an offender	7439
pursuant to division (D)(1)(f) of this section, the offender shall	7440
serve the mandatory prison term so imposed consecutively to and	7441
prior to any prison term imposed for the underlying felony under	7442
division (A), (D)(2), or (D)(3) of this section or any other	7443
section of the Revised Code, and consecutively to any other prison	7444
term or mandatory prison term previously or subsequently imposed	7445
upon the offender.	7446

(d) If a mandatory prison term is imposed upon an offender	7447
pursuant to division (D)(7) or (8) of this section, the offender	7448
shall serve the mandatory prison term so imposed consecutively to	7449
any other mandatory prison term imposed under that division or	7450
under any other provision of law and consecutively to any other	7451
prison term or mandatory prison term previously or subsequently	7452
imposed upon the offender.	7453

(2) If an offender who is an inmate in a jail, prison, or	7454
other residential detention facility violates section 2917.02,	7455
2917.03, ~~2921.34,~~ or 2921.35 of the Revised Code or division	7456
(A)(1) or (2) of section 2921.34 of the Revised Code, if an	7457
offender who is under detention at a detention facility commits a	7458
felony violation of section 2923.131 of the Revised Code, or if an	7459
offender who is an inmate in a jail, prison, or other residential	7460
detention facility or is under detention at a detention facility	7461
commits another felony while the offender is an escapee in	7462
violation of division (A)(1) or (2) of section 2921.34 of the	7463
Revised Code, any prison term imposed upon the offender for one of	7464
those violations shall be served by the offender consecutively to	7465
the prison term or term of imprisonment the offender was serving	7466
when the offender committed that offense and to any other prison	7467
term previously or subsequently imposed upon the offender.	7468

(3) If a prison term is imposed for a violation of division	7469
(B) of section 2911.01 of the Revised Code, a violation of	7470
division (A) of section 2913.02 of the Revised Code in which the	7471
stolen property is a firearm or dangerous ordnance, or a felony	7472
violation of division (B) of section 2921.331 of the Revised Code,	7473
the offender shall serve that prison term consecutively to any	7474
other prison term or mandatory prison term previously or	7475
subsequently imposed upon the offender.	7476

(4) If multiple prison terms are imposed on an offender for	7477
convictions of multiple offenses, the court may require the	7478
offender to serve the prison terms consecutively if the court	7479
finds that the consecutive service is necessary to protect the	7480
public from future crime or to punish the offender and that	7481
consecutive sentences are not disproportionate to the seriousness	7482
of the offender's conduct and to the danger the offender poses to	7483
the public, and if the court also finds any of the following:	7484

(a) The offender committed one or more of the multiple	7485
offenses while the offender was awaiting trial or sentencing, was	7486
under a sanction imposed pursuant to section 2929.16, 2929.17, or	7487
2929.18 of the Revised Code, or was under post-release control for	7488
a prior offense.	7489

(b) At least two of the multiple offenses were committed as	7490
part of one or more courses of conduct, and the harm caused by two	7491
or more of the multiple offenses so committed was so great or	7492
unusual that no single prison term for any of the offenses	7493
committed as part of any of the courses of conduct adequately	7494
reflects the seriousness of the offender's conduct.	7495

(c) The offender's history of criminal conduct demonstrates	7496
that consecutive sentences are necessary to protect the public	7497
from future crime by the offender.	7498

(5) If a mandatory prison term is imposed upon an offender	7499
pursuant to division (D)(5) or (6) of this section, the offender	7500
shall serve the mandatory prison term consecutively to and prior	7501
to any prison term imposed for the underlying violation of	7502
division (A)(1) or (2) of section 2903.06 of the Revised Code	7503
pursuant to division (A) of this section or section 2929.142 of	7504
the Revised Code. If a mandatory prison term is imposed upon an	7505
offender pursuant to division (D)(5) of this section, and if a	7506
mandatory prison term also is imposed upon the offender pursuant	7507
to division (D)(6) of this section in relation to the same	7508
violation, the offender shall serve the mandatory prison term	7509
imposed pursuant to division (D)(5) of this section consecutively	7510
to and prior to the mandatory prison term imposed pursuant to	7511
division (D)(6) of this section and consecutively to and prior to	7512
any prison term imposed for the underlying violation of division	7513
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	7514
division (A) of this section or section 2929.142 of the Revised	7515
Code.	7516

(6) When consecutive prison terms are imposed pursuant to	7517
division (E)(1), (2), (3), (4), or (5) or division (J)(1) or (2)	7518
of this section, the term to be served is the aggregate of all of	7519
the terms so imposed.	7520

(F)(1) If a court imposes a prison term for a felony of the	7521
first degree, for a felony of the second degree, for a felony sex	7522
offense, or for a felony of the third degree that is not a felony	7523
sex offense and in the commission of which the offender caused or	7524
threatened to cause physical harm to a person, it shall include in	7525
the sentence a requirement that the offender be subject to a	7526
period of post-release control after the offender's release from	7527
imprisonment, in accordance with that division. If a court imposes	7528
a sentence including a prison term of a type described in this	7529
division on or after July 11, 2006, the failure of a court to	7530
include a post-release control requirement in the sentence	7531
pursuant to this division does not negate, limit, or otherwise	7532
affect the mandatory period of post-release control that is	7533
required for the offender under division (B) of section 2967.28 of	7534
the Revised Code. Section 2929.191 of the Revised Code applies if,	7535
prior to July 11, 2006, a court imposed a sentence including a	7536
prison term of a type described in this division and failed to	7537
include in the sentence pursuant to this division a statement	7538
regarding post-release control.	7539

(2) If a court imposes a prison term for a felony of the	7540
third, fourth, or fifth degree that is not subject to division	7541
(F)(1) of this section, it shall include in the sentence a	7542
requirement that the offender be subject to a period of	7543
post-release control after the offender's release from	7544
imprisonment, in accordance with that division, if the parole	7545
board determines that a period of post-release control is	7546
necessary. Section 2929.191 of the Revised Code applies if, prior	7547
to July 11, 2006, a court imposed a sentence including a prison	7548
term of a type described in this division and failed to include in	7549
the sentence pursuant to this division a statement regarding	7550
post-release control.	7551

(G) The court shall impose sentence upon the offender in	7552
accordance with section 2971.03 of the Revised Code, and Chapter	7553
2971. of the Revised Code applies regarding the prison term or	7554
term of life imprisonment without parole imposed upon the offender	7555
and the service of that term of imprisonment if any of the	7556
following apply:	7557

(1) A person is convicted of or pleads guilty to a violent	7558
sex offense or a designated homicide, assault, or kidnapping	7559
offense, and, in relation to that offense, the offender is	7560
adjudicated a sexually violent predator.	7561

(2) A person is convicted of or pleads guilty to a violation	7562
of division (A)(1)(b) of section 2907.02 of the Revised Code	7563
committed on or after January 2, 2007, and either the court does	7564
not impose a sentence of life without parole when authorized	7565
pursuant to division (B) of section 2907.02 of the Revised Code,	7566
or division (B) of section 2907.02 of the Revised Code provides	7567
that the court shall not sentence the offender pursuant to section	7568
2971.03 of the Revised Code.	7569

(3) A person is convicted of or pleads guilty to attempted	7570
rape committed on or after January 2, 2007, and a specification of	7571
the type described in section 2941.1418, 2941.1419, or 2941.1420	7572
of the Revised Code.	7573

(4) A person is convicted of or pleads guilty to a violation	7574
of section 2905.01 of the Revised Code committed on or after	7575
January 1, 2008, and that section requires the court to sentence	7576
the offender pursuant to section 2971.03 of the Revised Code.	7577

(5) A person is convicted of or pleads guilty to aggravated	7578
murder committed on or after January 1, 2008, and division	7579
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),	7580
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or	7581
(E)(1)(d) of section 2929.03, or division (A) or (B) of section	7582
2929.06 of the Revised Code requires the court to sentence the	7583
offender pursuant to division (B)(3) of section 2971.03 of the	7584
Revised Code.	7585

(6) A person is convicted of or pleads guilty to murder	7586
committed on or after January 1, 2008, and division (B)(2) of	7587
section 2929.02 of the Revised Code requires the court to sentence	7588
the offender pursuant to section 2971.03 of the Revised Code.	7589

(H) If a person who has been convicted of or pleaded guilty	7590
to a felony is sentenced to a prison term or term of imprisonment	7591
under this section, sections 2929.02 to 2929.06 of the Revised	7592
Code, section 2929.142 of the Revised Code, section 2971.03 of the	7593
Revised Code, or any other provision of law, section 5120.163 of	7594
the Revised Code applies regarding the person while the person is	7595
confined in a state correctional institution.	7596

(I) If an offender who is convicted of or pleads guilty to a	7597
felony that is an offense of violence also is convicted of or	7598
pleads guilty to a specification of the type described in section	7599
2941.142 of the Revised Code that charges the offender with having	7600
committed the felony while participating in a criminal gang, the	7601
court shall impose upon the offender an additional prison term of	7602
one, two, or three years.	7603

(J)(1) If an offender who is convicted of or pleads guilty to	7604
aggravated murder, murder, or a felony of the first, second, or	7605
third degree that is an offense of violence also is convicted of	7606
or pleads guilty to a specification of the type described in	7607
section 2941.143 of the Revised Code that charges the offender	7608
with having committed the offense in a school safety zone or	7609
towards a person in a school safety zone, the court shall impose	7610
upon the offender an additional prison term of two years. The	7611
offender shall serve the additional two years consecutively to and	7612
prior to the prison term imposed for the underlying offense.	7613

(2)(a) If an offender is convicted of or pleads guilty to a	7614
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	7615
of the Revised Code and to a specification of the type described	7616
in section 2941.1421 of the Revised Code and if the court imposes	7617
a prison term on the offender for the felony violation, the court	7618
may impose upon the offender an additional prison term as follows:	7619

(i) Subject to division (J)(2)(a)(ii) of this section, an	7620
additional prison term of one, two, three, four, five, or six	7621
months;	7622

(ii) If the offender previously has been convicted of or	7623
pleaded guilty to one or more felony or misdemeanor violations of	7624
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	7625
Revised Code and also was convicted of or pleaded guilty to a	7626
specification of the type described in section 2941.1421 of the	7627
Revised Code regarding one or more of those violations, an	7628
additional prison term of one, two, three, four, five, six, seven,	7629
eight, nine, ten, eleven, or twelve months.	7630

(b) In lieu of imposing an additional prison term under	7631
division (J)(2)(a) of this section, the court may directly impose	7632
on the offender a sanction that requires the offender to wear a	7633
real-time processing, continual tracking electronic monitoring	7634
device during the period of time specified by the court. The	7635
period of time specified by the court shall equal the duration of	7636
an additional prison term that the court could have imposed upon	7637
the offender under division (J)(2)(a) of this section. A sanction	7638
imposed under this division shall commence on the date specified	7639
by the court, provided that the sanction shall not commence until	7640
after the offender has served the prison term imposed for the	7641
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	7642
of the Revised Code and any residential sanction imposed for the	7643
violation under section 2929.16 of the Revised Code. A sanction	7644
imposed under this division shall be considered to be a community	7645
control sanction for purposes of section 2929.15 of the Revised	7646
Code, and all provisions of the Revised Code that pertain to	7647
community control sanctions shall apply to a sanction imposed	7648
under this division, except to the extent that they would by their	7649
nature be clearly inapplicable. The offender shall pay all costs	7650
associated with a sanction imposed under this division, including	7651
the cost of the use of the monitoring device.	7652

(K) At the time of sentencing, the court may recommend the	7653
offender for placement in a program of shock incarceration under	7654
section 5120.031 of the Revised Code or for placement in an	7655
intensive program prison under section 5120.032 of the Revised	7656
Code, disapprove placement of the offender in a program of shock	7657
incarceration or an intensive program prison of that nature, or	7658
make no recommendation on placement of the offender. In no case	7659
shall the department of rehabilitation and correction place the	7660
offender in a program or prison of that nature unless the	7661
department determines as specified in section 5120.031 or 5120.032	7662
of the Revised Code, whichever is applicable, that the offender is	7663
eligible for the placement.	7664

If the court disapproves placement of the offender in a	7665
program or prison of that nature, the department of rehabilitation	7666
and correction shall not place the offender in any program of	7667
shock incarceration or intensive program prison.	7668

If the court recommends placement of the offender in a	7669
program of shock incarceration or in an intensive program prison,	7670
and if the offender is subsequently placed in the recommended	7671
program or prison, the department shall notify the court of the	7672
placement and shall include with the notice a brief description of	7673
the placement.	7674

If the court recommends placement of the offender in a	7675
program of shock incarceration or in an intensive program prison	7676
and the department does not subsequently place the offender in the	7677
recommended program or prison, the department shall send a notice	7678
to the court indicating why the offender was not placed in the	7679
recommended program or prison.	7680

If the court does not make a recommendation under this	7681
division with respect to an offender and if the department	7682
determines as specified in section 5120.031 or 5120.032 of the	7683
Revised Code, whichever is applicable, that the offender is	7684
eligible for placement in a program or prison of that nature, the	7685
department shall screen the offender and determine if there is an	7686
available program of shock incarceration or an intensive program	7687
prison for which the offender is suited. If there is an available	7688
program of shock incarceration or an intensive program prison for	7689
which the offender is suited, the department shall notify the	7690
court of the proposed placement of the offender as specified in	7691
section 5120.031 or 5120.032 of the Revised Code and shall include	7692
with the notice a brief description of the placement. The court	7693
shall have ten days from receipt of the notice to disapprove the	7694
placement.	7695

(L) If a person is convicted of or pleads guilty to	7696
aggravated vehicular homicide in violation of division (A)(1) of	7697
section 2903.06 of the Revised Code and division (B)(2)(c) of that	7698
section applies, the person shall be sentenced pursuant to section	7699
2929.142 of the Revised Code.	7700

Sec. 2929.20. (A) As used in this section:

7701

(1)(a) Except as provided in division (A)(1)(b) of this	7702
section, "eligible offender" means any person who, on or after	7703
April 7, 2009, is serving a stated prison term ofthat includes	7704
one or more nonmandatory prison terms that in the aggregate are	7705
ten years or less ~~when either of the following applies:~~	7706

~~(i) The stated prison term does not include a mandatory~~	7707
~~prison term.~~	7708

~~(ii) The stated prison term includes a mandatory prison term,~~	7709
~~and the person has served the mandatory prison term~~.	7710

(b) "Eligible offender" does not include any person who, on	7711
or after April 7, 2009, is serving a stated prison term for any of	7712
the following criminal offenses that was a felony and was	7713
committed while the person held a public office in this state:	7714

(i) A violation of section 2921.02, 2921.03, 2921.05,	7715
2921.31, 2921.32, 2921.41, 2921.42, or 2923.32 of the Revised	7716
Code;	7717

(ii) A violation of section 2913.42, 2921.04, 2921.11, or	7718
2921.12 of the Revised Code, when the conduct constituting the	7719
violation was related to the duties of the offender's public	7720
office or to the offender's actions as a public official holding	7721
that public office;	7722

(iii) A violation of an existing or former municipal	7723
ordinance or law of this or any other state or the United States	7724
that is substantially equivalent to any violation listed in	7725
division (A)(1)(b)(i) of this section;	7726

(iv) A violation of an existing or former municipal ordinance	7727
or law of this or any other state or the United States that is	7728
substantially equivalent to any violation listed in division	7729
(A)(1)(b)(ii) of this section, when the conduct constituting the	7730
violation was related to the duties of the offender's public	7731
office or to the offender's actions as a public official holding	7732
that public office;	7733

(v) A conspiracy to commit, attempt to commit, or complicity	7734
in committing any offense listed in division (A)(1)(b)(i) or	7735
described in division (A)(1)(b)(iii) of this section;	7736

(vi) A conspiracy to commit, attempt to commit, or complicity	7737
in committing any offense listed in division (A)(1)(b)(ii) or	7738
described in division (A)(1)(b)(iv) of this section, if the	7739
conduct constituting the offense that was the subject of the	7740
conspiracy, that would have constituted the offense attempted, or	7741
constituting the offense in which the offender was complicit was	7742
or would have been related to the duties of the offender's public	7743
office or to the offender's actions as a public official holding	7744
that public office.	7745

(2) "Nonmandatory prison term" means a prison term that is	7746
not a mandatory prison term.	7747

(3) "Public office" means any elected federal, state, or	7748
local government office in this state.	7749

(B) On the motion of an eligible offender or upon its own	7750
motion, the sentencing court may reduce the eligible offender's	7751
~~stated~~aggregated nonmandatory prison term or terms of ten years	7752
or less through a judicial release under this section.	7753

(C) An eligible offender may file a motion for judicial	7754
release with the sentencing court within the following applicable	7755
periods:	7756

(1) If the ~~stated~~aggregated nonmandatory prison term or	7757
terms is less than two years, the eligible offender may file the	7758
motion ~~not earlier than thirty days~~ after the offender is	7759
~~delivered to a state correctional institution or, if the prison~~	7760
~~term includes a mandatory prison term or terms, not earlier than~~	7761
has served thirty days ~~after the expiration of all mandatory~~	7762
~~prison terms~~of the aggregated nonmandatory prison term or terms.	7763

(2) If the ~~stated~~aggregated nonmandatory prison term or	7764
terms is at least two years but less than five years, the eligible	7765
offender may file the motion ~~not earlier than one hundred eighty~~	7766
~~days~~ after the offender ~~is delivered to a state correctional~~	7767
~~institution or, if the prison term includes a mandatory prison~~	7768
~~term or terms, not earlier than~~has served one hundred eighty	7769
days ~~after the expiration of all mandatory prison terms~~of the	7770
aggregated nonmandatory prison term or terms.	7771

(3) If the aggregated nonmandatory prison term or terms is	7772
five years, the eligible offender may file the motion after the	7773
eligible offender has served four years of the aggregated	7774
nonmandatory prison term or terms.	7775

(4) If the ~~stated~~aggregated nonmandatory prison term or	7776
terms is more than five years ~~or more~~ but not more than ten years,	7777
the eligible offender may file the motion ~~not earlier than five~~	7778
~~years~~ after the eligible offender ~~is delivered to a state~~	7779
~~correctional institution or, if the prison term includes a~~	7780
~~mandatory prison term or terms, not earlier than~~has served five	7781
years ~~after the expiration of all mandatory prison~~of the	7782
aggregated nonmandatory prison term or terms.	7783

(D) Upon receipt of a timely motion for judicial release	7784
filed by an eligible offender under division (C) of this section	7785
or upon the sentencing court's own motion made within the	7786
appropriate time specified in that division, the court may deny	7787
the motion without a hearing or schedule a hearing on the motion.	7788
The court shall not grant the motion without a hearing. If a court	7789
denies a motion without a hearing, the court later may consider	7790
judicial release for that eligible offender on a subsequent motion	7791
filed by that eligible offender unless the court denies the motion	7792
with prejudice. If a court denies a motion with prejudice, the	7793
court may later consider judicial release on its own motion. If a	7794
court denies a motion after a hearing, the court shall not	7795
consider a subsequent motion for that eligible offender. The court	7796
shall hold only one hearing for any eligible offender.	7797

A hearing under this section shall be conducted in open court	7798
within sixty days after the motion is filed, provided that the	7799
court may delay the hearing for one hundred eighty additional	7800
days. If the court holds a hearing, the court shall enter a ruling	7801
on the motion within ten days after the hearing. If the court	7802
denies the motion without a hearing, the court shall enter its	7803
ruling on the motion within sixty days after the motion is filed.	7804

(E) If a court schedules a hearing under division (D) of this	7805
section, the court shall notify the eligible offender and the head	7806
of the state correctional institution in which the eligible	7807
offender is confined prior to the hearing. The head of the state	7808
correctional institution immediately shall notify the appropriate	7809
person at the department of rehabilitation and correction of the	7810
hearing, and the department within twenty-four hours after receipt	7811
of the notice, shall post on the database it maintains pursuant to	7812
section 5120.66 of the Revised Code the offender's name and all of	7813
the information specified in division (A)(1)(c)(i) of that	7814
section. If the court schedules a hearing for judicial release,	7815
the court promptly shall give notice of the hearing to the	7816
prosecuting attorney of the county in which the eligible offender	7817
was indicted. Upon receipt of the notice from the court, the	7818
prosecuting attorney shall notify the victim of the offense or the	7819
victim's representative pursuant to section 2930.16 of the Revised	7820
Code.	7821

(F) Upon an offender's successful completion of	7822
rehabilitative activities, the head of the state correctional	7823
institution may notify the sentencing court of the successful	7824
completion of the activities.	7825

(G) Prior to the date of the hearing on a motion for judicial	7826
release under this section, the head of the state correctional	7827
institution in which the eligible offender is confined shall send	7828
to the court a report on the eligible offender's conduct in the	7829
institution and in any institution from which the eligible	7830
offender may have been transferred. The report shall cover the	7831
eligible offender's participation in school, vocational training,	7832
work, treatment, and other rehabilitative activities and any	7833
disciplinary action taken against the eligible offender. The	7834
report shall be made part of the record of the hearing.	7835

(H) If the court grants a hearing on a motion for judicial	7836
release under this section, the eligible offender shall attend the	7837
hearing if ordered to do so by the court. Upon receipt of a copy	7838
of the journal entry containing the order, the head of the state	7839
correctional institution in which the eligible offender is	7840
incarcerated shall deliver the eligible offender to the sheriff of	7841
the county in which the hearing is to be held. The sheriff shall	7842
convey the eligible offender to and from the hearing.	7843

(I) At the hearing on a motion for judicial release under	7844
this section, the court shall afford the eligible offender and the	7845
eligible offender's attorney an opportunity to present written	7846
and, if present, oral information relevant to the motion. The	7847
court shall afford a similar opportunity to the prosecuting	7848
attorney, the victim or the victim's representative, as defined in	7849
section 2930.01 of the Revised Code, and any other person the	7850
court determines is likely to present additional relevant	7851
information. The court shall consider any statement of a victim	7852
made pursuant to section 2930.14 or 2930.17 of the Revised Code,	7853
any victim impact statement prepared pursuant to section 2947.051	7854
of the Revised Code, and any report made under division (G) of	7855
this section. The court may consider any written statement of any	7856
person submitted to the court pursuant to division (L) of this	7857
section. After ruling on the motion, the court shall notify the	7858
victim of the ruling in accordance with sections 2930.03 and	7859
2930.16 of the Revised Code.	7860

(J)(1) A court shall not grant a judicial release under this	7861
section to an eligible offender who is imprisoned for a felony of	7862
the first or second degree, or to an eligible offender who	7863
committed an offense under Chapter 2925. or 3719. of the Revised	7864
Code and for whom there was a presumption under section 2929.13 of	7865
the Revised Code in favor of a prison term, unless the court, with	7866
reference to factors under section 2929.12 of the Revised Code,	7867
finds both of the following:	7868

(a) That a sanction other than a prison term would adequately	7869
punish the offender and protect the public from future criminal	7870
violations by the eligible offender because the applicable factors	7871
indicating a lesser likelihood of recidivism outweigh the	7872
applicable factors indicating a greater likelihood of recidivism;	7873

(b) That a sanction other than a prison term would not demean	7874
the seriousness of the offense because factors indicating that the	7875
eligible offender's conduct in committing the offense was less	7876
serious than conduct normally constituting the offense outweigh	7877
factors indicating that the eligible offender's conduct was more	7878
serious than conduct normally constituting the offense.	7879

(2) A court that grants a judicial release to an eligible	7880
offender under division (J)(1) of this section shall specify on	7881
the record both findings required in that division and also shall	7882
list all the factors described in that division that were	7883
presented at the hearing.	7884

(K) If the court grants a motion for judicial release under	7885
this section, the court shall order the release of the eligible	7886
offender, shall place the eligible offender under an appropriate	7887
community control sanction, under appropriate conditions, and	7888
under the supervision of the department of probation serving the	7889
court and shall reserve the right to reimpose the sentence that it	7890
reduced if the offender violates the sanction. If the court	7891
reimposes the reduced sentence, it may do so either concurrently	7892
with, or consecutive to, any new sentence imposed upon the	7893
eligible offender as a result of the violation that is a new	7894
offense. The period of community control shall be no longer than	7895
five years. The court, in its discretion, may reduce the period of	7896
community control by the amount of time the eligible offender	7897
spent in jail or prison for the offense and in prison. If the	7898
court made any findings pursuant to division (J)(1) of this	7899
section, the court shall serve a copy of the findings upon counsel	7900
for the parties within fifteen days after the date on which the	7901
court grants the motion for judicial release.	7902

If the court grants a motion for judicial release, the court	7903
shall notify the appropriate person at the department of	7904
rehabilitation and correction, and the department shall post	7905
notice of the release on the database it maintains pursuant to	7906
section 5120.66 of the Revised Code.	7907

(L) In addition to and independent of the right of a victim	7908
to make a statement pursuant to section 2930.14, 2930.17, or	7909
2946.051 of the Revised Code and any right of a person to present	7910
written information or make a statement pursuant to division (I)	7911
of this section, any person may submit to the court, at any time	7912
prior to the hearing on the offender's motion for judicial	7913
release, a written statement concerning the effects of the	7914
offender's crime or crimes, the circumstances surrounding the	7915
crime or crimes, the manner in which the crime or crimes were	7916
perpetrated, and the person's opinion as to whether the offender	7917
should be released.	7918

(M) The changes to this section that are made on the	7919
effective date of this division apply to any judicial release	7920
decision made on or after the effective date of this division for	7921
any eligible offender.	7922

Sec. 2929.26. (A) Except when a mandatory jail term is	7923
required by law, the court imposing a sentence for a misdemeanor,	7924
other than a minor misdemeanor, may impose upon the offender any	7925
community residential sanction or combination of community	7926
residential sanctions under this section. Community residential	7927
sanctions include, but are not limited to, the following:	7928

(1) A term of up to one hundred eighty days in a halfway	7929
house or a term in a halfway house not to exceed the longest jail	7930
term available for the offense, whichever is shorter, if the	7931
political subdivision that would have responsibility for paying	7932
the costs of confining the offender in a jail has entered into a	7933
contract with the halfway house for use of the facility for	7934
misdemeanor offenders;	7935

(2) A term of up to one hundred eighty days in an alternative	7936
residential facility or a term in an alternative residential	7937
facility not to exceed the longest jail term available for the	7938
offense, whichever is shorter. The court may specify the level of	7939
security in the alternative residential facility that is needed	7940
for the offender.	7941

(3) If the offender is an eligible offender, as defined in	7942
section 307.932 of the Revised Code, a term of up to thirty days	7943
in a community alternative sentencing center or district community	7944
alternative sentencing center established and operated in	7945
accordance with that section, in the circumstances specified in	7946
that section, with one of the conditions of the sanction being	7947
that the offender complete in the center the entire term imposed.	7948

(B) ~~The~~A sentence to a community residential sanction under	7949
division (A)(3) of this section shall be in accordance with	7950
section 307.932 of the Revised Code. In all other cases, the court	7951
that sentences an offender to a community residential sanction	7952
under this section may do either or both of the following:	7953

(1) Permit the offender to serve the offender's sentence in	7954
intermittent confinement, overnight, on weekends or at any other	7955
time or times that will allow the offender to continue at the	7956
offender's occupation or care for the offender's family;	7957

(2) Authorize the offender to be released so that the	7958
offender may seek or maintain employment, receive education or	7959
training, receive treatment, perform community service, or	7960
otherwise fulfill an obligation imposed by law or by the court. A	7961
release pursuant to this division shall be only for the duration	7962
of time that is needed to fulfill the purpose of the release and	7963
for travel that reasonably is necessary to fulfill the purposes of	7964
the release.	7965

(C) The court may order that a reasonable portion of the	7966
income earned by the offender upon a release pursuant to division	7967
(B) of this section be applied to any financial sanction imposed	7968
under section 2929.28 of the Revised Code.	7969

(D) No court shall sentence any person to a prison term for a	7970
misdemeanor or minor misdemeanor or to a jail term for a minor	7971
misdemeanor.	7972

(E) If a court sentences a person who has been convicted of	7973
or pleaded guilty to a misdemeanor to a community residential	7974
sanction as described in division (A) of this section, at the time	7975
of reception and at other times the person in charge of the	7976
operation of the halfway house, alternative residential facility,	7977
community alternative sentencing center, district community	7978
alternative sentencing center, or other place at which the	7979
offender will serve the residential sanction determines to be	7980
appropriate, the person in charge of the operation of the halfway	7981
house, alternative residential facility, community alternative	7982
sentencing center, district community alternative sentencing	7983
center, or other place may cause the convicted offender to be	7984
examined and tested for tuberculosis, HIV infection, hepatitis,	7985
including, but not limited to, hepatitis A, B, and C, and other	7986
contagious diseases. The person in charge of the operation of the	7987
halfway house, alternative residential facility, community	7988
alternative sentencing center, district community alternative	7989
sentencing center, or other place at which the offender will serve	7990
the residential sanction may cause a convicted offender in the	7991
halfway house, alternative residential facility, community	7992
alternative sentencing center, district community alternative	7993
sentencing center, or other place who refuses to be tested or	7994
treated for tuberculosis, HIV infection, hepatitis, including, but	7995
not limited to, hepatitis A, B, and C, or another contagious	7996
disease to be tested and treated involuntarily.	7997

(F) A political subdivision may enter into a contract with a	7998
halfway house for use of the halfway house to house misdemeanor	7999
offenders under a sanction imposed under division (A)(1) of this	8000
section.	8001

Sec. 2929.34. (A) A person who is convicted of or pleads	8002
guilty to aggravated murder, murder, or an offense punishable by	8003
life imprisonment and who is sentenced to a term of life	8004
imprisonment or a prison term pursuant to that conviction shall	8005
serve that term in an institution under the control of the	8006
department of rehabilitation and correction.	8007

(B)(1) A person who is convicted of or pleads guilty to a	8008
felony other than aggravated murder, murder, or an offense	8009
punishable by life imprisonment and who is sentenced to a term of	8010
imprisonment or a prison term pursuant to that conviction shall	8011
serve that term as follows:	8012

(a) Subject to divisions (B)(1)(b) and (B)(2) of this	8013
section, in an institution under the control of the department of	8014
rehabilitation and correction if the term is a prison term or as	8015
otherwise determined by the sentencing court pursuant to section	8016
2929.16 of the Revised Code if the term is not a prison term;	8017

(b) In a facility of a type described in division (G)(1) of	8018
section 2929.13 of the Revised Code, if the offender is sentenced	8019
pursuant to that division.	8020

(2) If the term is a prison term, the person may be	8021
imprisoned in a jail that is not a minimum security jail pursuant	8022
to agreement under section 5120.161 of the Revised Code between	8023
the department of rehabilitation and correction and the local	8024
authority that operates the jail.	8025

(C) A person who is convicted of or pleads guilty to one or	8026
more misdemeanors and who is sentenced to a jail term or term of	8027
imprisonment pursuant to the conviction or convictions shall serve	8028
that term in a county, multicounty, municipal, municipal-county,	8029
or multicounty-municipal jail or workhouse; in a community	8030
alternative sentencing center or district community alternative	8031
sentencing center when authorized by section 307.932 of the	8032
Revised Code; or, if the misdemeanor or misdemeanors are not	8033
offenses of violence, in a minimum security jail.	8034

(D) Nothing in this section prohibits the commitment,	8035
referral, or sentencing of a person who is convicted of or pleads	8036
guilty to a felony to a community-based correctional facility.	8037

Sec. 2930.16. (A) If a defendant is incarcerated, a victim	8038
in a case who has requested to receive notice under this section	8039
shall be given notice of the incarceration of the defendant. If an	8040
alleged juvenile offender is committed to the temporary custody of	8041
a school, camp, institution, or other facility operated for the	8042
care of delinquent children or to the legal custody of the	8043
department of youth services, a victim in a case who has requested	8044
to receive notice under this section shall be given notice of the	8045
commitment. Promptly after sentence is imposed upon the defendant	8046
or the commitment of the alleged juvenile offender is ordered, the	8047
prosecutor in the case shall notify the victim of the date on	8048
which the defendant will be released from confinement or the	8049
prosecutor's reasonable estimate of that date or the date on which	8050
the alleged juvenile offender will have served the minimum period	8051
of commitment or the prosecutor's reasonable estimate of that	8052
date. The prosecutor also shall notify the victim of the name of	8053
the custodial agency of the defendant or alleged juvenile offender	8054
and tell the victim how to contact that custodial agency. If the	8055
custodial agency is the department of rehabilitation and	8056
correction, the prosecutor shall notify the victim of the services	8057
offered by the office of victims' services pursuant to section	8058
5120.60 of the Revised Code. If the custodial agency is the	8059
department of youth services, the prosecutor shall notify the	8060
victim of the services provided by the office of victims' services	8061
within the release authority of the department pursuant to section	8062
5139.55 of the Revised Code and the victim's right pursuant to	8063
section 5139.56 of the Revised Code to submit a written request to	8064
the release authority to be notified of actions the release	8065
authority takes with respect to the alleged juvenile offender. The	8066
victim shall keep the custodial agency informed of the victim's	8067
current address and telephone number.	8068

(B)(1) Upon the victim's request, the prosecutor promptly	8069
shall notify the victim of any hearing for judicial release of the	8070
defendant pursuant to section 2929.20 of the Revised Code, of any	8071
hearing for release of the defendant pursuant to section 2967.19	8072
of the Revised Code, or of any hearing for judicial release or	8073
early release of the alleged juvenile offender pursuant to section	8074
2151.38 of the Revised Code and of the victim's right to make a	8075
statement under those sections. The court shall notify the victim	8076
of its ruling in each of those hearings and on each of those	8077
applications.	8078

(2) If an offender is sentenced to a prison term pursuant to	8079
division (A)(3) or (B) of section 2971.03 of the Revised Code,	8080
upon the request of the victim of the crime, the prosecutor	8081
promptly shall notify the victim of any hearing to be conducted	8082
pursuant to section 2971.05 of the Revised Code to determine	8083
whether to modify the requirement that the offender serve the	8084
entire prison term in a state correctional facility in accordance	8085
with division (C) of that section, whether to continue, revise, or	8086
revoke any existing modification of that requirement, or whether	8087
to terminate the prison term in accordance with division (D) of	8088
that section. The court shall notify the victim of any order	8089
issued at the conclusion of the hearing.	8090

(C) Upon the victim's request made at any time before the	8091
particular notice would be due, the custodial agency of a	8092
defendant or alleged juvenile offender shall give the victim any	8093
of the following notices that is applicable:	8094

(1) At least three weeks before the adult parole authority	8095
recommends a pardon or commutation of sentence for the defendant	8096
or at least three weeks prior to a hearing before the adult parole	8097
authority regarding a grant of parole to the defendant, notice of	8098
the victim's right to submit a statement regarding the impact of	8099
the defendant's release in accordance with section 2967.12 of the	8100
Revised Code and, if applicable, of the victim's right to appear	8101
at a full board hearing of the parole board to give testimony as	8102
authorized by section 5149.101 of the Revised Code;	8103

(2) At least three weeks before the defendant is transferred	8104
to transitional control under section 2967.26 of the Revised Code,	8105
notice of the pendency of the transfer and of the victim's right	8106
under that section to submit a statement regarding the impact of	8107
the transfer;	8108

(3) At least thirty days before the release authority of the	8109
department of youth services holds a release review, release	8110
hearing, or discharge review for the alleged juvenile offender,	8111
notice of the pendency of the review or hearing, of the victim's	8112
right to make an oral or written statement regarding the impact of	8113
the crime upon the victim or regarding the possible release or	8114
discharge, and, if the notice pertains to a hearing, of the	8115
victim's right to attend and make statements or comments at the	8116
hearing as authorized by section 5139.56 of the Revised Code;	8117

(4) Prompt notice of the defendant's or alleged juvenile	8118
offender's escape from a facility of the custodial agency in which	8119
the defendant was incarcerated or in which the alleged juvenile	8120
offender was placed after commitment, of the defendant's or	8121
alleged juvenile offender's absence without leave from a mental	8122
health or mental retardation and developmental disabilities	8123
facility or from other custody, and of the capture of the	8124
defendant or alleged juvenile offender after an escape or absence;	8125

(5) Notice of the defendant's or alleged juvenile offender's	8126
death while in confinement or custody;	8127

(6) Notice of the defendant's or alleged juvenile offender's	8128
release from confinement or custody and the terms and conditions	8129
of the release.	8130

Sec. 2930.17. (A) In determining whether to grant a judicial	8131
release to a defendant from a prison term pursuant to section	8132
2929.20 of the Revised Code at a time before the defendant's	8133
stated prison term expires, in determining whether to grant a	8134
release to an offender from a prison term pursuant to section	8135
2967.19 of the Revised Code at a time before the offender's stated	8136
prison term expires, or in determining whether to grant a judicial	8137
release or early release to an alleged juvenile offender from a	8138
commitment to the department of youth services pursuant to section	8139
2151.38 of the Revised Code, the court shall permit a victim of a	8140
crime or specified delinquent act for which the defendant or	8141
alleged juvenile offender was incarcerated or committed to make a	8142
statement, in addition to any other statement made under this	8143
chapter, concerning the effects of that crime or specified	8144
delinquent act on the victim, the circumstances surrounding the	8145
crime or specified delinquent act, the manner in which the crime	8146
or specified delinquent act was perpetrated, and the victim's	8147
opinion whether the defendant or alleged juvenile offender should	8148
be released. The victim may make the statement in writing or	8149
orally, at the court's discretion. The court shall give the	8150
defendant or alleged juvenile offender and either the adult parole	8151
authority or the department of youth services, whichever is	8152
applicable, a copy of any written impact statement made by the	8153
victim under this division.	8154

(B) In deciding whether to grant a judicial release or early	8155
release to the defendant or alleged juvenile offender, the court	8156
shall consider a statement made by the victim under division (A)	8157
of this section or section 2930.14 or 2947.051 of the Revised	8158
Code.	8159

Sec. 2950.99. (A)(1)(a) Except as otherwise provided in	8160
division (A)(1)(b) of this section, whoever violates a prohibition	8161
in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised	8162
Code shall be punished as follows:	8163

(i) If the most serious sexually oriented offense that was	8164
the basis of the registration, notice of intent to reside, change	8165
of address notification, or address verification requirement that	8166
was violated under the prohibition is aggravated murder or murder	8167
if committed by an adult or a comparable category of offense	8168
committed in another jurisdiction, the offender is guilty of a	8169
felony of the first degree.	8170

(ii) If the most serious sexually oriented offense or	8171
child-victim oriented offense that was the basis of the	8172
registration, notice of intent to reside, change of address	8173
notification, or address verification requirement that was	8174
violated under the prohibition is a felony of the first, second,	8175
third, or fourth degree if committed by an adult or a comparable	8176
category of offense committed in another jurisdiction, the	8177
offender is guilty of a felony of the same degree as the most	8178
serious sexually oriented offense or child-victim oriented offense	8179
that was the basis of the registration, notice of intent to	8180
reside, change of address, or address verification requirement	8181
that was violated under the prohibition, or, if the most serious	8182
sexually oriented offense or child-victim oriented offense that	8183
was the basis of the registration, notice of intent to reside,	8184
change of address, or address verification requirement that was	8185
violated under the prohibition is a comparable category of offense	8186
committed in another jurisdiction, the offender is guilty of a	8187
felony of the same degree as that offense committed in the other	8188
jurisdiction would constitute if committed in this state.	8189

(iii) If the most serious sexually oriented offense or	8190
child-victim oriented offense that was the basis of the	8191
registration, notice of intent to reside, change of address	8192
notification, or address verification requirement that was	8193
violated under the prohibition is a felony of the fifth degree or	8194
a misdemeanor if committed by an adult or a comparable category of	8195
offense committed in another jurisdiction, the offender is guilty	8196
of a felony of the fourth degree.	8197

(b) If the offender previously has been convicted of or	8198
pleaded guilty to, or previously has been adjudicated a delinquent	8199
child for committing, a violation of a prohibition in section	8200
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code,	8201
whoever violates a prohibition in section 2950.04, 2950.041,	8202
2950.05, or 2950.06 of the Revised Code shall be punished as	8203
follows:	8204

(i) If the most serious sexually oriented offense that was	8205
the basis of the registration, notice of intent to reside, change	8206
of address notification, or address verification requirement that	8207
was violated under the prohibition is aggravated murder or murder	8208
if committed by an adult or a comparable category of offense	8209
committed in another jurisdiction, the offender is guilty of a	8210
felony of the first degree.	8211

(ii) If the most serious sexually oriented offense or	8212
child-victim oriented offense that was the basis of the	8213
registration, notice of intent to reside, change of address	8214
notification, or address verification requirement that was	8215
violated under the prohibition is a felony of the first, second,	8216
or third degree if committed by an adult or a comparable category	8217
of offense committed in another jurisdiction, the offender is	8218
guilty of a felony of the same degree as the most serious sexually	8219
oriented offense or child-victim oriented offense that was the	8220
basis of the registration, notice of intent to reside, change of	8221
address, or address verification requirement that was violated	8222
under the prohibition, or, if the most serious sexually oriented	8223
offense or child-victim oriented offense that was the basis of the	8224
registration, notice of intent to reside, change of address, or	8225
address verification requirement that was violated under the	8226
prohibition is a comparable category of offense committed in	8227
another jurisdiction, the offender is guilty of a felony of the	8228
same degree as that offense committed in the other jurisdiction	8229
would constitute if committed in this state.	8230

(iii) If the most serious sexually oriented offense or	8231
child-victim oriented offense that was the basis of the	8232
registration, notice of intent to reside, change of address	8233
notification, or address verification requirement that was	8234
violated under the prohibition is a felony of the fourth or fifth	8235
degree if committed by an adult or a comparable category of	8236
offense committed in another jurisdiction, the offender is guilty	8237
of a felony of the third degree.	8238

(iv) If the most serious sexually oriented offense or	8239
child-victim oriented offense that was the basis of the	8240
registration, notice of intent to reside, change of address	8241
notification, or address verification requirement that was	8242
violated under the prohibition is a misdemeanor if committed by an	8243
adult or a comparable category of offense committed in another	8244
jurisdiction, the offender is guilty of a felony of the fourth	8245
degree.	8246

(2)(a) In addition to any penalty or sanction imposed under	8247
division (A)(1) of this section or any other provision of law for	8248
a violation of a prohibition in section 2950.04, 2950.041,	8249
2950.05, or 2950.06 of the Revised Code, if the offender or	8250
delinquent child is subject to a community control sanction, is on	8251
parole, is subject to one or more post-release control sanctions,	8252
or is subject to any other type of supervised release at the time	8253
of the violation, the violation shall constitute a violation of	8254
the terms and conditions of the community control sanction,	8255
parole, post-release control sanction, or other type of supervised	8256
release.	8257

(b) In addition to any penalty or sanction imposed under	8258
division (A)(1)(b)(i), (ii), or (iii) of this section or any other	8259
provision of law for a violation of a prohibition in section	8260
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, if the	8261
offender previously has been convicted of or pleaded guilty to, or	8262
previously has been adjudicated a delinquent child for committing,	8263
a violation of a prohibition in section 2950.04, 2950.041,	8264
2950.05, or 2950.06 of the Revised Code when the most serious	8265
sexually oriented offense or child-victim oriented offense that	8266
was the basis of the requirement that was violated under the	8267
prohibition is a felony if committed by an adult or a comparable	8268
category of offense committed in another jurisdiction, the court	8269
imposing a sentence upon the offender shall impose a definite	8270
prison term of no less than three years. The definite prison term	8271
imposed under this section is not restricted by division (B) of	8272
section 2929.14 of the Revised Code and, subject to division (C)	8273
of section 2967.19 of the Revised Code, shall not be reduced to	8274
less than three years pursuant to any provision of Chapter 2967.	8275
or any other provision of the Revised Code.	8276

(3) As used in division (A)(1) of this section, "comparable	8277
category of offense committed in another jurisdiction" means a	8278
sexually oriented offense or child-victim oriented offense that	8279
was the basis of the registration, notice of intent to reside,	8280
change of address notification, or address verification	8281
requirement that was violated, that is a violation of an existing	8282
or former law of another state or the United States, an existing	8283
or former law applicable in a military court or in an Indian	8284
tribal court, or an existing or former law of any nation other	8285
than the United States, and that, if it had been committed in this	8286
state, would constitute or would have constituted aggravated	8287
murder or murder for purposes of division (A)(1)(a)(i) of this	8288
section, a felony of the first, second, third, or fourth degree	8289
for purposes of division (A)(1)(a)(ii) of this section, a felony	8290
of the fifth degree or a misdemeanor for purposes of division	8291
(A)(1)(a)(iii) of this section, aggravated murder or murder for	8292
purposes of division (A)(1)(b)(i) of this section, a felony of the	8293
first, second, or third degree for purposes of division	8294
(A)(1)(b)(ii) of this section, a felony of the fourth or fifth	8295
degree for purposes of division (A)(1)(b)(iii) of this section, or	8296
a misdemeanor for purposes of division (A)(1)(b)(iv) of this	8297
section.	8298

(B) If a person violates a prohibition in section 2950.04,	8299
2950.041, 2950.05, or 2950.06 of the Revised Code that applies to	8300
the person as a result of the person being adjudicated a	8301
delinquent child and being classified a juvenile offender	8302
registrant or an out-of-state juvenile offender registrant, both	8303
of the following apply:	8304

(1) If the violation occurs while the person is under	8305
eighteen years of age, the person is subject to proceedings under	8306
Chapter 2152. of the Revised Code based on the violation.	8307

(2) If the violation occurs while the person is eighteen	8308
years of age or older, the person is subject to criminal	8309
prosecution based on the violation.	8310

(C) Whoever violates division (C) of section 2950.13 of the	8311
Revised Code is guilty of a misdemeanor of the first degree.	8312

Sec. 2951.041. (A)(1) If an offender is charged with a	8313
criminal offense, including but not limited to a violation of	8314
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of	8315
the Revised Code, and the court has reason to believe that drug or	8316
alcohol usage by the offender was a factor leading to the	8317
~~offender's~~ criminal offense with which the offender is charged or	8318
that, at the time of committing that offense, the offender had a	8319
mental illness or was a mentally retarded person and that the	8320
mental illness or status as a mentally retarded person was a	8321
factor leading to the offender's criminal behavior, the court may	8322
accept, prior to the entry of a guilty plea, the offender's	8323
request for intervention in lieu of conviction. The request shall	8324
include a statement from the offender as to whether the offender	8325
is alleging that drug or alcohol usage by the offender was a	8326
factor leading to the criminal offense with which the offender is	8327
charged or is alleging that, at the time of committing that	8328
offense, the offender had a mental illness or was a mentally	8329
retarded person and that the mental illness or status as a	8330
mentally retarded person was a factor leading to the criminal	8331
offense with which the offender is charged. The request also shall	8332
include a waiver of the defendant's right to a speedy trial, the	8333
preliminary hearing, the time period within which the grand jury	8334
may consider an indictment against the offender, and arraignment,	8335
unless the hearing, indictment, or arraignment has already	8336
occurred. The court may reject an offender's request without a	8337
hearing. If the court elects to consider an offender's request,	8338
the court shall conduct a hearing to determine whether the	8339
offender is eligible under this section for intervention in lieu	8340
of conviction and shall stay all criminal proceedings pending the	8341
outcome of the hearing. If the court schedules a hearing, the	8342
court shall order an assessment of the offender for the purpose of	8343
determining the offender's eligibility for intervention in lieu of	8344
conviction and recommending an appropriate intervention plan.	8345

If the offender alleges that drug or alcohol usage by the	8346
offender was a factor leading to the criminal offense with which	8347
the offender is charged, the court may order that the offender be	8348
assessed by a program certified pursuant to section 3793.06 of the	8349
Revised Code or a properly credentialed professional for the	8350
purpose of determining the offender's eligibility for intervention	8351
in lieu of conviction and recommending an appropriate intervention	8352
plan. The program or the properly credentialed professional shall	8353
provide a written assessment of the offender to the court.	8354

(2) The victim notification provisions of division (C) of	8355
section 2930.08 of the Revised Code apply in relation to any	8356
hearing held under division (A)(1) of this section.	8357

(B) An offender is eligible for intervention in lieu of	8358
conviction if the court finds all of the following:	8359

(1) The offender previously has not been convicted of or	8360
pleaded guilty to a felony offense of violence or previously has	8361
been convicted of or pleaded guilty to any felony that is not an	8362
offense of violence and the prosecuting attorney recommends that	8363
the offender be found eligible for participation in intervention	8364
in lieu of treatment under this section, previously has not been	8365
through intervention in lieu of conviction under this section or	8366
any similar regimen, and is charged with a felony for which the	8367
court, upon conviction, would impose sentence under division	8368
(B)(2)(b) of section 2929.13 of the Revised Code or with a	8369
misdemeanor.	8370

(2) The offense is not a felony of the first, second, or	8371
third degree, is not an offense of violence, is not a violation of	8372
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	8373
not a violation of division (A)(1) of section 2903.08 of the	8374
Revised Code, is not a violation of division (A) of section	8375
4511.19 of the Revised Code or a municipal ordinance that is	8376
substantially similar to that division, and is not an offense for	8377
which a sentencing court is required to impose a mandatory prison	8378
term, a mandatory term of local incarceration, or a mandatory term	8379
of imprisonment in a jail.	8380

(3) The offender is not charged with a violation of section	8381
2925.02, ~~2925.03,~~ 2925.04, or 2925.06 of the Revised Code, is not	8382
charged with a violation of section 2925.03 of the Revised Code	8383
that is a felony of the first, second, third, or fourth degree,	8384
and is not charged with a violation of section 2925.11 of the	8385
Revised Code that is a felony of the first, second, or third	8386
degree.	8387

(4) ~~The offender is not charged with a violation of section~~	8388
~~2925.11 of the Revised Code that is a felony of the fourth degree,~~	8389
~~or the offender is charged with a violation of that section that~~	8390
~~is a felony of the fourth degree and the prosecutor in the case~~	8391
~~has recommended that the offender be classified as being eligible~~	8392
~~for intervention in lieu of conviction under this section.~~	8393

~~(5) The~~If an offender alleges that drug or alcohol usage by	8394
the offender was a factor leading to the criminal offense with	8395
which the offender is charged, the court has ordered that the	8396
offender ~~has been~~be assessed by ~~an appropriately licensed~~	8397
~~provider, certified facility, or licensed and credentialed~~	8398
~~professional, including, but not limited to, a program licensed by~~	8399
~~the department of alcohol and drug addiction services pursuant to~~	8400
~~section 3793.11 of the Revised Code,~~ a program certified ~~by that~~	8401
~~department~~ pursuant to section 3793.06 of the Revised Code~~, a~~	8402
~~public or private hospital, the United States department of~~	8403
~~veterans affairs, another appropriate agency of the government of~~	8404
~~the United States, or a licensed physician, psychiatrist,~~	8405
~~psychologist, independent social worker, professional counselor,~~	8406
~~or chemical dependency counselor~~or a properly credentialed	8407
professional for the purpose of determining the offender's	8408
eligibility for intervention in lieu of conviction and	8409
recommending an appropriate intervention plan, the offender has	8410
been assessed by a program of that nature or a properly	8411
credentialed professional in accordance with the court's order,	8412
and the program or properly credentialed professional has filed	8413
the written assessment of the offender with the court.	8414

(5) If an offender alleges that, at the time of committing	8415
the criminal offense with which the offender is charged, the	8416
offender had a mental illness or was a mentally retarded person	8417
and that the mental illness or status as a mentally retarded	8418
person was a factor leading to that offense, the offender has been	8419
assessed by a psychiatrist, psychologist, independent social	8420
worker, or professional clinical counselor for the purpose of	8421
determining the offender's eligibility for intervention in lieu of	8422
conviction and recommending an appropriate intervention plan.	8423

(6) The offender's drug orusage, alcohol usage, mental	8424
illness, or mental retardation, whichever is applicable, was a	8425
factor leading to the criminal offense with which the offender is	8426
charged, intervention in lieu of conviction would not demean the	8427
seriousness of the offense, and intervention would substantially	8428
reduce the likelihood of any future criminal activity.	8429

(7) The alleged victim of the offense was not sixty-five	8430
years of age or older, permanently and totally disabled, under	8431
thirteen years of age, or a peace officer engaged in the officer's	8432
official duties at the time of the alleged offense.	8433

(8) If the offender is charged with a violation of section	8434
2925.24 of the Revised Code, the alleged violation did not result	8435
in physical harm to any person, and the offender previously has	8436
not been treated for drug abuse.	8437

(9) The offender is willing to comply with all terms and	8438
conditions imposed by the court pursuant to division (D) of this	8439
section.	8440

(C) At the conclusion of a hearing held pursuant to division	8441
(A) of this section, the court shall enter its determination as to	8442
whether the offender is eligible for intervention in lieu of	8443
conviction and as to whether to grant the offender's request. If	8444
the court finds under division (B) of this section that the	8445
offender is eligible for intervention in lieu of conviction and	8446
grants the offender's request, the court shall accept the	8447
offender's plea of guilty and waiver of the defendant's right to a	8448
speedy trial, the preliminary hearing, the time period within	8449
which the grand jury may consider an indictment against the	8450
offender, and arraignment, unless the hearing, indictment, or	8451
arraignment has already occurred. In addition, the court then may	8452
stay all criminal proceedings and order the offender to comply	8453
with all terms and conditions imposed by the court pursuant to	8454
division (D) of this section. If the court finds that the offender	8455
is not eligible or does not grant the offender's request, the	8456
criminal proceedings against the offender shall proceed as if the	8457
offender's request for intervention in lieu of conviction had not	8458
been made.	8459

(D) If the court grants an offender's request for	8460
intervention in lieu of conviction, the court shall place the	8461
offender under the general control and supervision of the county	8462
probation department, the adult parole authority, or another	8463
appropriate local probation or court services agency, if one	8464
exists, as if the offender was subject to a community control	8465
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	8466
Revised Code. The court shall establish an intervention plan for	8467
the offender. The terms and conditions of the intervention plan	8468
shall require the offender, for at least one year from the date on	8469
which the court grants the order of intervention in lieu of	8470
conviction, to abstain from the use of illegal drugs and alcohol,	8471
to participate in treatment and recovery support services, and to	8472
submit to regular random testing for drug and alcohol use and may	8473
include any other treatment terms and conditions, or terms and	8474
conditions similar to community control sanctions, which may	8475
include community service or restitution, that are ordered by the	8476
court.	8477

(E) If the court grants an offender's request for	8478
intervention in lieu of conviction and the court finds that the	8479
offender has successfully completed the intervention plan for the	8480
offender, including the requirement that the offender abstain from	8481
using illegal drugs and alcohol for a period of at least one year	8482
from the date on which the court granted the order of intervention	8483
in lieu of conviction, the requirement that the offender	8484
participate in treatment and recovery support services, and all	8485
other terms and conditions ordered by the court, the court shall	8486
dismiss the proceedings against the offender. Successful	8487
completion of the intervention plan and period of abstinence under	8488
this section shall be without adjudication of guilt and is not a	8489
criminal conviction for purposes of any disqualification or	8490
disability imposed by law and upon conviction of a crime, and the	8491
court may order the sealing of records related to the offense in	8492
question in the manner provided in sections 2953.31 to 2953.36 of	8493
the Revised Code.	8494

(F) If the court grants an offender's request for	8495
intervention in lieu of conviction and the offender fails to	8496
comply with any term or condition imposed as part of the	8497
intervention plan for the offender, the supervising authority for	8498
the offender promptly shall advise the court of this failure, and	8499
the court shall hold a hearing to determine whether the offender	8500
failed to comply with any term or condition imposed as part of the	8501
plan. If the court determines that the offender has failed to	8502
comply with any of those terms and conditions, it shall enter a	8503
finding of guilty and shall impose an appropriate sanction under	8504
Chapter 2929. of the Revised Code. If the court sentences the	8505
offender to a prison term, the court, after consulting with the	8506
department of rehabilitation and correction regarding the	8507
availability of services, may order continued court-supervised	8508
activity and treatment of the offender during the prison term and,	8509
upon consideration of reports received from the department	8510
concerning the offender's progress in the program of activity and	8511
treatment, may consider judicial release under section 2929.20 of	8512
the Revised Code.	8513

(G) As used in this section:

8514

(1) "Community control sanction" has the same meaning as in	8515
section 2929.01 of the Revised Code.	8516

(2) "Intervention in lieu of conviction" means any	8517
court-supervised activity that complies with this section.	8518

(3) "Peace officer" has the same meaning as in section	8519
2935.01 of the Revised Code.	8520

(4) "Mental illness" and "psychiatrist" have the same	8521
meanings as in section 5122.01 of the Revised Code.	8522

(5) "Mentally retarded person" has the same meaning as in	8523
section 5123.01 of the Revised Code.	8524

(6) "Psychologist" has the same meaning as in section 4732.01	8525
of the Revised Code.	8526

Sec. 2967.05. (A) As used in this section:

8527

(1) "Imminent danger of death" means that the inmate has a	8528
medically diagnosable condition that will cause death to occur	8529
within a short period of time.	8530

As used in division (A)(1) of this section, "within a short	8531
period of time" means generally within six months.	8532

(2)(a) "Medically incapacitated" means any diagnosable	8533
medical condition, including mental dementia and severe, permanent	8534
medical or cognitive disability, that prevents the inmate from	8535
completing activities of daily living without significant	8536
assistance, that incapacitates the inmate to the extent that	8537
institutional confinement does not offer additional restrictions,	8538
that is likely to continue throughout the entire period of parole,	8539
and that is unlikely to improve noticeably.	8540

(b) "Medically incapacitated" does not include conditions	8541
related solely to mental illness unless the mental illness is	8542
accompanied by injury, disease, or organic defect.	8543

(3)(a) "Terminal illness" means a condition that satisfies	8544
all of the following criteria:	8545

(i) The condition is irreversible and incurable and is caused	8546
by disease, illness, or injury from which the inmate is unlikely	8547
to recover.	8548

(ii) In accordance with reasonable medical standards and a	8549
reasonable degree of medical certainty, the condition is likely to	8550
cause death to the inmate within twelve months.	8551

(iii) Institutional confinement of the inmate does not offer	8552
additional protections for public safety or against the inmate's	8553
risk to reoffend.	8554

(b) The department of rehabilitation and correction shall	8555
adopt rules pursuant to Chapter 119. of the Revised Code to	8556
implement the definition of "terminal illness" in division	8557
(A)(3)(a) of this section.	8558

(B)(1) Upon the recommendation of the director of	8559
rehabilitation and correction, accompanied by a certificate of the	8560
attending physician that an inmate is terminally ill, medically	8561
incapacitated, or in imminent danger of death, the governor may	8562
order the inmate's release ~~as if~~ on indefinite parole on or after	8563
a specified date, reserving the right to return the inmate to the	8564
institution pursuant to this section. IfAn inmate ordered to be	8565
released under this section may be released to a skilled nursing	8566
facility or may be released under a general release that is not to	8567
a skilled nursing facility.	8568

(2) An inmate who is to be released under this section to a	8569
skilled nursing facility shall not be released until an	8570
appropriate placement in a skilled nursing facility has been	8571
secured for the inmate and the skilled nursing facility has	8572
secured a funding source for the placement. When an inmate is to	8573
be released under this section to a skilled nursing facility, the	8574
department of job and family services shall give priority to the	8575
processing and determination of an inmate's eligibility for	8576
initial or continued medicaid funding under this section. When an	8577
inmate is to be released under this section to a skilled nursing	8578
facility, the department of job and family services' processing	8579
and determination of the inmate's eligibility may be based solely	8580
on identifying information provided by the department of	8581
rehabilitation and correction. In addition to the reimbursement	8582
otherwise provided to a skilled nursing facility under Chapter	8583
5111. of the Revised Code, the department of job and family	8584
services, through the medicaid program, shall reimburse a skilled	8585
nursing facility that provides care to inmates under this section	8586
for reasonable additional costs incurred by the facility in	8587
providing the security required by division (D)(1)(e) of this	8588
section and will take all necessary steps to implement the payment	8589
of these additional costs. An inmate shall not be released to a	8590
skilled nursing facility used for the placement of inmates under	8591
this division until the inmate has undergone preadmission	8592
screening and resident review and the level of care review and	8593
determination process established under the Administrative Code	8594
and has been determined to meet the criteria for skilled nursing	8595
care. A skilled nursing facility shall meet the requirements set	8596
forth in division (D) of this section.	8597

(3) If an inmate is released under this section to a skilled	8598
nursing facility or is released under this section under a general	8599
release that is not to a skilled nursing facility, and if,	8600
subsequent to the inmate's release, the inmate's health improves	8601
so that the inmate is no longer terminally ill, medically	8602
incapacitated, or in imminent danger of death, the inmate shall be	8603
returned, by order of the governor, to the institution from which	8604
the inmate was released. If the inmate violates any rules or	8605
conditions applicable to the inmate, the inmate may be returned to	8606
an institution under the control of the department of	8607
rehabilitation and correction. The governor may direct the adult	8608
parole authority to investigate or cause to be investigated the	8609
inmate and make a recommendation in the manner set forth in	8610
section 2967.03 of the Revised Code. An inmate released under this	8611
section shall be subject to supervision by the adult parole	8612
authority in accordance with any recommendation of the adult	8613
parole authority that is approved by the governor. The adult	8614
parole authority shall adopt rules pursuant to section 119.03 of	8615
the Revised Code to establish the procedure for medical release of	8616
an inmate when an inmate is terminally ill, medically	8617
incapacitated, or in imminent danger of death.	8618

(C)(1) No inmate is eligible for release under this section	8619
to a skilled nursing facility if the inmate is serving a death	8620
sentence, a sentence of life without parole, or a sentence under	8621
Chapter 2971. of the Revised Code for a felony of the first or	8622
second degree,.	8623

(2) No inmate is eligible for release under this section	8624
under a general release that is not to a skilled nursing facility	8625
if the inmate is serving any type of sentence identified in	8626
division (C)(1) of this section or is serving a sentence for	8627
aggravated murder or murder, or a mandatory prison term for an	8628
offense of violence or any specification described in Chapter	8629
2941. of the Revised Code.	8630

(D)(1) An inmate shall not be released to a skilled nursing	8631
facility under this section unless the skilled nursing facility	8632
meets all of the following requirements:	8633

(a) The skilled nursing facility is certified as a skilled	8634
nursing facility under Title XVIII or XIX of the "Social Security	8635
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and has	8636
obtained any approval or authorization needed for its operation as	8637
described in division (E) of this section.	8638

(b) The skilled nursing facility is under contract with the	8639
department of rehabilitation and correction solely for the care of	8640
inmates released under this section, is certified by the	8641
department, and does not house any person who is not an inmate	8642
released under this section.	8643

(c) The skilled nursing facility is located in Ohio, and the	8644
facility's location presents a minimal risk to public safety.	8645

(d) The skilled nursing facility is operated by a licensed	8646
nursing home administrator who has a minimum of six years of	8647
active licensure, a master's degree in healthcare administration,	8648
and experience in the administration of an assisted living	8649
program, a home care program, a skilled nursing facility, a	8650
hospice care program, and a long term acute care hospital.	8651

(e) Employees of the facility or a contractor provide	8652
security to the skilled nursing facility. The security staff shall	8653
be directed by a person with at least thirty years of experience	8654
as a law enforcement officer with a law enforcement agency	8655
employing a minimum of five hundred law enforcement officers,	8656
whose experience includes a minimum of five years of supervisory	8657
experience.	8658

(3) The department of health shall issue a certificate of	8659
need to the operator of a skilled nursing facility that accepts	8660
inmates under this section.	8661

(E) The department of job and family services shall apply to	8662
the centers for medicare and medicaid services of the United	8663
States department of health and human services for any approval or	8664
other authorization needed for the operation of the skilled	8665
nursing facility to be used to provide care to inmates under this	8666
section, and for a statement of the applicable parameters for	8667
operation of the facility. The department shall notify the	8668
facility and the department of rehabilitation and correction of	8669
the grant by the centers of any such approval or authorization	8670
needed for the facility and of the applicable parameters for its	8671
operation.	8672

(F) Sections 3721.10 to 3721.18 of the Revised Code do not	8673
apply to an inmate receiving care in a skilled nursing facility	8674
under divisions (B) to (D) of this section.	8675

Sec. 2967.14. (A) The department of rehabilitation and	8676
correction or the adult parole authority may require or allow a	8677
parolee or, a releasee, or a prisoner otherwise released from a	8678
state correctional institution to reside in a halfway house or	8679
other suitable community residential center that has been licensed	8680
by the division of parole and community services pursuant to	8681
division (C) of this section during a part or for the entire	8682
period of the offender's or parolee's conditional release or of	8683
the releasee's term of post-release control. The court of common	8684
pleas that placed an offender under a sanction consisting of a	8685
term in a halfway house or in an alternative residential sanction	8686
may require the offender to reside in a halfway house or other	8687
suitable community residential center that is designated by the	8688
court and that has been licensed by the division pursuant to	8689
division (C) of this section during a part or for the entire	8690
period of the offender's residential sanction.	8691

(B) The division of parole and community services may	8692
negotiate and enter into agreements with any public or private	8693
agency or a department or political subdivision of the state that	8694
operates a halfway house, reentry center, or community residential	8695
center that has been licensed by the division pursuant to division	8696
(C) of this section. An agreement under this division shall	8697
provide for the purchase of beds, shall set limits of supervision	8698
and levels of occupancy, and shall determine the scope of services	8699
for all eligible offenders, including those subject to a	8700
residential sanction, as defined in rules adopted by the director	8701
of rehabilitation and correction in accordance with Chapter 119.	8702
of the Revised Code, or those released from prison without	8703
supervision. ~~The payments for beds and services shall be equal to~~	8704
~~the halfway house's or community residential center's average~~	8705
~~daily per capita costs with its facility at full occupancy.~~ The	8706
payments for beds and services shall not exceed the total	8707
operating costs of the halfway house, reentry center, or community	8708
residential center during the term of an agreement. The director	8709
of rehabilitation and correction shall adopt rules in accordance	8710
with Chapter 119. of the Revised Code for determining includable	8711
and excludable costs and income to be used in computing the	8712
agency's average daily per capita costs with its facility at full	8713
occupancy.	8714

The department of rehabilitation and correction may use no	8715
more than ten per cent of the amount appropriated to the	8716
department each fiscal year for the halfway house, reentry center,	8717
and community residential center program to pay for contracts for	8718
nonresidential services for offenders under the supervision of the	8719
adult parole authority. The nonresidential services may include,	8720
but are not limited to, treatment for substance abuse, mental	8721
health counseling, ~~and~~ counseling for sex offenders, and	8722
electronic monitoring services.	8723

(C) The division of parole and community services may license	8724
a halfway house, reentry center, or community residential center	8725
as a suitable facility for the care and treatment of adult	8726
offenders, including offenders sentenced under section 2929.16 or	8727
2929.26 of the Revised Code, only if the halfway house, reentry	8728
center, or community residential center complies with the	8729
standards that the division adopts in accordance with Chapter 119.	8730
of the Revised Code for the licensure of halfway houses, reentry	8731
centers, and community residential centers. The division shall	8732
annually inspect each licensed halfway house, licensed reentry	8733
center, and licensed community residential center to determine if	8734
it is in compliance with the licensure standards.	8735

Sec. 2967.19. (A) As used in this section:

8736

(1) "Deadly weapon" and "dangerous ordnance" have the same	8737
meanings as in section 2923.11 of the Revised.	8738

(2) "Disqualifying prison term" means any of the following:

8739

(a) A prison term imposed for aggravated murder, murder,	8740
voluntary manslaughter, involuntary manslaughter, felonious	8741
assault, kidnapping, rape, aggravated arson, or aggravated	8742
robbery;	8743

(b) A prison term imposed for complicity in, an attempt to	8744
commit, or conspiracy to commit any offense listed in division	8745
(A)(2)(a) of this section;	8746

(c) A prison term of life imprisonment, including any term of	8747
life imprisonment that has parole eligibility;	8748

(d) A prison term imposed for any felony other than carrying	8749
a concealed weapon an essential element of which is any conduct or	8750
failure to act expressly involving any deadly weapon or dangerous	8751
ordnance;	8752

(e) A prison term imposed for any violation of section	8753
2925.03 of the Revised Code that is a felony of the first or	8754
second degree;	8755

(f) A prison term imposed for engaging in a pattern of	8756
corrupt activity in violation of section 2923.32 of the Revised	8757
Code;	8758

(g) A prison term imposed pursuant to section 2971.03 of the	8759
Revised Code.	8760

(3) "Eligible prison term" means any prison term that is not	8761
a disqualifying prison term and is not a restricting prison term.	8762

(4) "Restricting prison term" means any of the following:

8763

(a) A mandatory prison term imposed under division (D)(1)(a),	8764
(D)(1)(c), (D)(1)(f), (D)(1)(g), or (D)(2) of section 2929.14 of	8765
the Revised Code for a specification of the type described in that	8766
division;	8767

(b) In the case of an offender who has been sentenced to a	8768
mandatory prison term for a specification of the type described in	8769
division (A)(4)(a) of this section, the prison term imposed for	8770
the felony offense for which the specification was stated at the	8771
end of the body of the indictment, count in the indictment, or	8772
information charging the offense;	8773

(c) A prison term imposed for any offense that is described	8774
in division (A)(4)(c)(i) of this section if division (A)(4)(c)(ii)	8775
of this section applies to the offender:	8776

(i) The offense is a felony of the first or second degree	8777
that is an offense of violence and that is not described in	8778
division (A)(2)(a) or (b) of this section, an attempt to commit a	8779
felony of the first or second degree that is an offense of	8780
violence and that is not described in division (A)(2)(a) or (b) of	8781
this section if the attempt is a felony of the first or second	8782
degree, or an offense under an existing or former law of this	8783
state, another state, or the United States that is or was	8784
substantially equivalent to any other offense described in this	8785
division.	8786

(ii) The offender previously was convicted of or pleaded	8787
guilty to any offense listed in division (A)(4)(c)(i) of this	8788
section.	8789

(B) The director of rehabilitation and correction may	8790
petition the sentencing court for the release from prison of any	8791
offender confined in a state correctional institution under a	8792
stated prison term who is eligible under division (C) of this	8793
section for a release under this section, who has one year or more	8794
of that stated prison term that remains to be served after the	8795
offender becomes eligible as described in that division, and who	8796
has served at least eighty-five per cent of that stated prison	8797
term that remains to be served after the offender becomes eligible	8798
as described in that division. If the director wishes to submit a	8799
petition for release under this section, the director shall submit	8800
the petition not earlier than ninety days prior to the date on	8801
which the offender has served eighty-five per cent of the	8802
offender's stated prison term that remains to be served after the	8803
offender becomes eligible as described in division (C) of this	8804
section. The director's submission of a petition for release under	8805
this section constitutes a recommendation by the director that the	8806
court strongly consider release of the offender consistent with	8807
the purposes and principles of sentencing set forth in section	8808
2929.13 of the Revised Code.	8809

(C) Except as otherwise provided in this division, an	8810
offender serving a stated prison term of one year or more is	8811
eligible for release from prison under this section upon the	8812
offender's commencement of service of that stated prison term. An	8813
offender serving a stated prison term that includes a	8814
disqualifying prison term is not eligible for release from prison	8815
under this section. An offender serving a stated prison term that	8816
consists solely of one or more restricting prison terms is not	8817
eligible for release under this section. An offender serving a	8818
stated prison term that includes one or more restricting prison	8819
terms and one or more eligible prison terms becomes eligible for	8820
release under this section after having fully served each	8821
restricting prison term. For purposes of determining an offender's	8822
eligibility for release under this section, if the offender's	8823
stated prison term includes consecutive prison terms, any	8824
restricting prison terms shall be deemed served prior to any	8825
eligible prison terms that run consecutively to the restricting	8826
prison terms, and the eligible prison terms are deemed to commence	8827
after all of the restricting prison terms have been fully served.	8828

An offender serving a stated prison term that includes a	8829
mandatory prison term that is not a disqualifying prison term and	8830
is not a restricting prison term is not automatically ineligible	8831
as a result of the offender's service of that mandatory term for	8832
release from prison under this section, and the offender's	8833
eligibility for release from prison under this section is	8834
determined in accordance with this division.	8835

If an offender confined in a state correctional institution	8836
under a stated prison term is eligible for release under this	8837
section as described in this division, if the offender has one	8838
year or more of that stated prison term that remains to be served	8839
after the offender becomes eligible, and if the offender has	8840
served at least eighty-five per cent of that stated prison term	8841
that remains to be served after the offender becomes eligible, the	8842
director of rehabilitation and correction may petition the	8843
sentencing court pursuant to division (B) of this section for the	8844
release from prison of the offender.	8845

(D) The director shall include with any petition submitted to	8846
the sentencing court under this section an institutional summary	8847
report that covers the offender's participation while confined in	8848
a state correctional institution in school, training, work,	8849
treatment, and other rehabilitative activities and any	8850
disciplinary action taken against the offender while so confined.	8851
The director shall include with the petition a post-release	8852
control assessment and placement plan, when relevant, and any	8853
other documentation requested by the court, if available.	8854

(E) When the director submits a petition under this section	8855
for release of an offender, the department promptly shall give	8856
notice of the petition to the prosecuting attorney of the county	8857
in which the offender was indicted and to any victim of the	8858
offender or victim's representative of any victim of the offender	8859
who is registered with the office of victim's services.	8860

The department also shall post notice of the petition on the	8861
database it maintains under section 5120.66 of the Revised Code	8862
and include information on where a person may send comments	8863
regarding the petition.	8864

(F) Upon receipt of a petition for release of an offender	8865
submitted by the director under this section, the court may deny	8866
the petition without a hearing. The court shall not grant a	8867
petition for release of an offender without a hearing. If a court	8868
denies a petition for release of an offender without a hearing,	8869
the court may later consider release of that offender on a	8870
subsequent petition. The court shall enter its ruling within	8871
thirty days after the petition is filed.	8872

(G) If the court grants a hearing on a petition for release	8873
of an offender submitted under this section, the court shall	8874
notify the head of the state correctional institution in which the	8875
offender is confined of the hearing prior to the hearing. If the	8876
court makes a journal entry ordering the offender to be conveyed	8877
to the hearing, except as otherwise provided in this division, the	8878
head of the correctional institution shall deliver the offender to	8879
the sheriff of the county in which the hearing is to be held, and	8880
the sheriff shall convey the offender to and from the hearing.	8881
Upon the court's own motion or the motion of the offender or the	8882
prosecuting attorney of the county in which the offender was	8883
indicted, the court may permit the offender to appear at the	8884
hearing by video conferencing equipment if equipment of that	8885
nature is available and compatible.	8886

Upon receipt of notice from a court of a hearing on the	8887
release of an offender under this division, the head of the state	8888
correctional institution in which the offender is confined	8889
immediately shall notify the appropriate person at the department	8890
of rehabilitation and correction of the hearing, and the	8891
department within twenty-four hours after receipt of the notice	8892
shall post on the database it maintains pursuant to section	8893
5120.66 of the Revised Code the offender's name and all of the	8894
information specified in division (A)(1)(c)(i) of that section. If	8895
the court grants a hearing on a petition for release of an	8896
offender under this section, the court promptly shall give notice	8897
of the hearing to the prosecuting attorney of the county in which	8898
the offender was indicted. Upon receipt of the notice from the	8899
court, the prosecuting attorney shall notify pursuant to section	8900
2930.16 of the Revised Code any victim of the offender or the	8901
victim's representative of the hearing.	8902

(H) If the court grants a hearing on a petition for release	8903
of an offender under this section, at the hearing, the court shall	8904
afford the offender and the offender's attorney an opportunity to	8905
present written information and, if present, oral information	8906
relevant to the motion. The court shall afford a similar	8907
opportunity to the prosecuting attorney, victim or victim's	8908
representative, as defined in section 2930.01 of the Revised Code,	8909
and any other person the court determines is likely to present	8910
additional relevant information. If the court pursuant to division	8911
(G) of this section permits the offender to appear at the hearing	8912
by video conferencing equipment, the offender's opportunity to	8913
present oral information shall be as a part of the video	8914
conferencing. The court shall consider any statement of a victim	8915
made under section 2930.14 or 2930.17 of the Revised Code, any	8916
victim impact statement prepared under 2947.051 of the Revised	8917
Code, and any report, plan, and other documentation submitted by	8918
the director under division (D) of this section. After ruling on	8919
the motion, the court shall notify the victim in accordance with	8920
sections 2930.03 and 2930.16 of the Revised Code.	8921

(I) If the court grants a petition for release of an offender	8922
under this section, it shall order the offender's release under	8923
the supervision of the adult parole authority. The court shall not	8924
make a release under this section effective prior to the date on	8925
which the offender has served at least eighty-five per cent of the	8926
offender's stated prison term that remains to be served after the	8927
offender becomes eligible as described in division (C) of this	8928
section. If the sentence under which the offender is confined in a	8929
state correctional institution and from which the offender is	8930
being released was imposed for a felony of the first or second	8931
degree, the court shall order that the offender be monitored by	8932
means of a global positioning device, with the cost of monitoring	8933
borne by the offender through the imposition of supervision fees	8934
under section 5120.56 of the Revised Code. If the offender is	8935
indigent, the cost shall be paid out of the reparations fund	8936
created under section 2743.191 of the Revised Code. The initial	8937
period of supervision by the adult parole authority and the	8938
monitoring of the offender by means of a global positioning device	8939
when ordered shall conclude on the date of expiration of the	8940
stated prison term from which the offender was released. If the	8941
parole board imposed a period of post-release control on the	8942
offender under section 2967.28 of the Revised Code, upon the	8943
conclusion of that initial period of supervision and that initial	8944
period of monitoring when ordered, the offender shall be placed on	8945
post-release control in accordance with the post-release control	8946
sanctions the board imposed on the offender under that section.	8947

If the court grants a petition for release of an offender	8948
under this section, it shall notify the appropriate person at the	8949
department of rehabilitation and correction of the release, and	8950
the department shall post notice of the release on the database it	8951
maintains pursuant to section 5120.66 of the Revised Code.	8952

(J) Within ninety days after the effective date of this	8953
section, the chair of the parole board or the chair's designee	8954
shall review the cases of all parole-eligible inmates who are age	8955
sixty-five or older and who have had a statutory first parole	8956
consideration hearing.	8957

(K) Upon completion of the review described in division (J)	8958
of this section, the chair of the parole board shall present to	8959
the board the cases of the offenders described in that division.	8960
Upon presentation of the case of an offender, the board, by	8961
majority vote, may choose to rehear the offender's case for	8962
possible release on parole.	8963

(L) The department shall adopt under Chapter 119. of the	8964
Revised Code any rules necessary to implement this section.	8965

Sec. 2967.193. (A) Except as provided in division (C) of	8966
this section or in section 2929.13, 2929.14, or 2967.13 of the	8967
Revised Code and subject to the maximum total specified in this	8968
section, a person confined in a state correctional institution may	8969
earn one day or five days of credit, determined based on the	8970
category set forth in division (D)(1), (2), (3), or (4) of this	8971
section in which the person is included, as a deduction from the	8972
person's stated prison term for each ~~full~~completed month during	8973
which the person productively participates in an education	8974
program, vocational training, employment in prison industries, or	8975
treatment for substance abuse~~, treatment as a sex offender, or any~~	8976
~~other constructive program~~as developed by the department with	8977
specific standards for performance by prisoners. ~~At the end of~~	8978
~~each calendar month in which a prisoner productively participates~~	8979
~~in a program or activity listed in this division, the department~~	8980
~~of rehabilitation and correction shall deduct one day from the~~	8981
~~date on which the prisoner's stated prison term will expire.~~The	8982
total number of days of credit that a person may earn under this	8983
section shall not exceed eight per cent of the total number of	8984
days in the person's stated prison term. If the prisoner violates	8985
prison rules, the department may deny the prisoner a credit that	8986
otherwise could have been awarded to the prisoner or may withdraw	8987
one or more credits previously earned by the prisoner.	8988

~~If a prisoner is released before the expiration of the~~	8989
~~prisoner's stated prison term by reason of credit earned under~~	8990
~~this section, the department shall retain control of the prisoner~~	8991
~~by means of an appropriate post-release control sanction imposed~~	8992
~~by the parole board until the end of the stated prison term if the~~	8993
~~parole board imposes a post-release control sanction pursuant to~~	8994
~~section 2967.28 of the Revised Code. If the parole board is not~~	8995
~~required to impose a post-release control sanction under section~~	8996
~~2967.28 of the Revised Code, the parole board may elect not to~~	8997
~~impose a post-release control sanction on the prisoner.~~	8998

(B) The department of rehabilitation and correction shall	8999
adopt rules that specify the programs or activities for which	9000
credit may be earned under this section, the criteria for	9001
determining productive participation in the programs or activities	9002
and for awarding credit, and the criteria for denying or	9003
withdrawing previously earned credit as a result of a violation of	9004
prison rules.	9005

(C) No person who is serving a sentence of life imprisonment	9006
without parole imposed pursuant to section 2929.03 or 2929.06 of	9007
the Revised Code or, who is serving a prison term or a term of	9008
life imprisonment without parole imposed pursuant to section	9009
2971.03 of the Revised Code, or who is serving a sentence for a	9010
sexually oriented offense that was imposed for a conviction	9011
occurring or guilty plea entered on or after the effective date of	9012
this amendment shall be awarded any days of credit under division	9013
(A) of this section.	9014

(D) The determination of whether a person confined in a state	9015
correctional institution may earn one day of credit or five days	9016
of credit under division (A) of this section for each completed	9017
month during which the person productively participates in a	9018
program specified under that division shall be made in accordance	9019
with the following:	9020

(1) The offender may earn one day of credit under division	9021
(A) of this section, except as provided in division (C) of this	9022
section or in section 2929.13, 2929.14, or 2967.13 of the Revised	9023
Code, if the most serious offense for which the offender is	9024
confined is any of the following that is a felony of the first or	9025
second degree:	9026

(a) A violation of section 2903.11, 2903.15, 2905.01,	9027
2907.24, 2907.25, 2909.02, 2909.09, 2909.10, 2909.101, 2909.26,	9028
2909.27, 2909.29, 2911.01, 2911.02, 2911.11, 2911.12, 2919.13,	9029
2919.151, 2919.22, 2921.34, 2923.01, 2923.131, 2923.162, 2923.32,	9030
2925.24, or 2927.24 of the Revised Code;	9031

(b) A conspiracy or attempt to commit, or complicity in	9032
committing, aggravated murder, murder, any other offense for which	9033
the maximum penalty is death or imprisonment for life, or any	9034
offense listed in division (D)(1)(a) of this section.	9035

(2) The offender may earn one day of credit under division	9036
(A) of this section, except as provided in division (C) of this	9037
section or in section 2929.13, 2929.14, or 2967.13 of the Revised	9038
Code, if the most serious offense for which the offender is	9039
confined is a sexually oriented offense and the offender was	9040
convicted of or pleaded guilty to that offense prior to the	9041
effective date of this amendment.	9042

(3) The offender may earn five days of credit under division	9043
(A) of this section, except as provided in division (C) of this	9044
section or in section 2929.13, 2929.14, or 2967.13 of the Revised	9045
Code, if the most serious offense for which the offender is	9046
confined is a felony of the first or second degree and neither	9047
division (D)(1) nor (2) of this section applies to the offender.	9048

(4) The offender may earn five days of credit under division	9049
(A) of this section, except as provided in division (C) of this	9050
section or in section 2929.13, 2929.14, or 2967.13 of the Revised	9051
Code, if the most serious offense for which the offender is	9052
confined is a felony of the third, fourth, or fifth degree or an	9053
unclassified felony and division (D)(2) of this section does not	9054
apply to the offender.	9055

(E) As used in this section, "sexually oriented offense" has	9056
the same meaning as in section 2950.01 of the Revised Code.	9057

Sec. 2967.28. (A) As used in this section:

9058

(1) "Monitored time" means the monitored time sanction	9059
specified in section 2929.17 of the Revised Code.	9060

(2) "Deadly weapon" and "dangerous ordnance" have the same	9061
meanings as in section 2923.11 of the Revised Code.	9062

(3) "Felony sex offense" means a violation of a section	9063
contained in Chapter 2907. of the Revised Code that is a felony.	9064

(B) Each sentence to a prison term for a felony of the first	9065
degree, for a felony of the second degree, for a felony sex	9066
offense, or for a felony of the third degree that is not a felony	9067
sex offense and in the commission of which the offender caused or	9068
threatened to cause physical harm to a person shall include a	9069
requirement that the offender be subject to a period of	9070
post-release control imposed by the parole board after the	9071
offender's release from imprisonment. If a court imposes a	9072
sentence including a prison term of a type described in this	9073
division on or after July 11, 2006, the failure of a sentencing	9074
court to notify the offender pursuant to division (B)(3)(c) of	9075
section 2929.19 of the Revised Code of this requirement or to	9076
include in the judgment of conviction entered on the journal a	9077
statement that the offender's sentence includes this requirement	9078
does not negate, limit, or otherwise affect the mandatory period	9079
of supervision that is required for the offender under this	9080
division. Section 2929.191 of the Revised Code applies if, prior	9081
to July 11, 2006, a court imposed a sentence including a prison	9082
term of a type described in this division and failed to notify the	9083
offender pursuant to division (B)(3)(c) of section 2929.19 of the	9084
Revised Code regarding post-release control or to include in the	9085
judgment of conviction entered on the journal or in the sentence	9086
pursuant to division (F)(1) of section 2929.14 of the Revised Code	9087
a statement regarding post-release control. Unless reduced by the	9088
parole board pursuant to division (D) of this section when	9089
authorized under that division, a period of post-release control	9090
required by this division for an offender shall be of one of the	9091
following periods:	9092

(1) For a felony of the first degree or for a felony sex	9093
offense, five years;	9094

(2) For a felony of the second degree that is not a felony	9095
sex offense, three years;	9096

(3) For a felony of the third degree that is not a felony sex	9097
offense and in the commission of which the offender caused or	9098
threatened physical harm to a person, three years.	9099

(C) Any sentence to a prison term for a felony of the third,	9100
fourth, or fifth degree that is not subject to division (B)(1) or	9101
(3) of this section shall include a requirement that the offender	9102
be subject to a period of post-release control of up to three	9103
years after the offender's release from imprisonment, if the	9104
parole board, in accordance with division (D) of this section,	9105
determines that a period of post-release control is necessary for	9106
that offender. Section 2929.191 of the Revised Code applies if,	9107
prior to July 11, 2006, a court imposed a sentence including a	9108
prison term of a type described in this division and failed to	9109
notify the offender pursuant to division (B)(3)(d) of section	9110
2929.19 of the Revised Code regarding post-release control or to	9111
include in the judgment of conviction entered on the journal or in	9112
the sentence pursuant to division (F)(2) of section 2929.14 of the	9113
Revised Code a statement regarding post-release control. Pursuant	9114
to an agreement entered into under section 2967.29 of the Revised	9115
Code, a court of common pleas or parole board may impose sanctions	9116
or conditions on an offender who is placed on post-release control	9117
under this division.	9118

(D)(1) Before the prisoner is released from imprisonment, the	9119
parole board or, pursuant to an agreement under section 2967.29 of	9120
the Revised Code, the court shall impose upon a prisoner described	9121
in division (B) of this section, may impose upon a prisoner	9122
described in division (C) of this section, and shall impose upon a	9123
prisoner described in division (B)(2)(b) of section 5120.031 or in	9124
division (B)(1) of section 5120.032 of the Revised Code, one or	9125
more post-release control sanctions to apply during the prisoner's	9126
period of post-release control. Whenever the board or court	9127
imposes one or more post-release control sanctions upon a	9128
prisoner, the board or court, in addition to imposing the	9129
sanctions, also shall include as a condition of the post-release	9130
control that the offender not leave the state without permission	9131
of the court or the offender's parole or probation officer and	9132
that the offender abide by the law. The board or court may impose	9133
any other conditions of release under a post-release control	9134
sanction that the board or court considers appropriate, and the	9135
conditions of release may include any community residential	9136
sanction, community nonresidential sanction, or financial sanction	9137
that the sentencing court was authorized to impose pursuant to	9138
sections 2929.16, 2929.17, and 2929.18 of the Revised Code. Prior	9139
to the release of a prisoner for whom it will impose one or more	9140
post-release control sanctions under this division, the parole	9141
board or court shall review the prisoner's criminal history, all	9142
juvenile court adjudications finding the prisoner, while a	9143
juvenile, to be a delinquent child, and the record of the	9144
prisoner's conduct while imprisoned. The parole board or court	9145
shall consider any recommendation regarding post-release control	9146
sanctions for the prisoner made by the office of victims'	9147
services. After considering those materials, the board or court	9148
shall determine, for a prisoner described in division (B) of this	9149
section, division (B)(2)(b) of section 5120.031, or division	9150
(B)(1) of section 5120.032 of the Revised Code, which post-release	9151
control sanction or combination of post-release control sanctions	9152
is reasonable under the circumstances or, for a prisoner described	9153
in division (C) of this section, whether a post-release control	9154
sanction is necessary and, if so, which post-release control	9155
sanction or combination of post-release control sanctions is	9156
reasonable under the circumstances. In the case of a prisoner	9157
convicted of a felony of the fourth or fifth degree other than a	9158
felony sex offense, the board or court shall presume that	9159
monitored time is the appropriate post-release control sanction	9160
unless the board or court determines that a more restrictive	9161
sanction is warranted. A post-release control sanction imposed	9162
under this division takes effect upon the prisoner's release from	9163
imprisonment.	9164

Regardless of whether the prisoner was sentenced to the	9165
prison term prior to, on, or after July 11, 2006, prior to the	9166
release of a prisoner for whom it will impose one or more	9167
post-release control sanctions under this division, the parole	9168
board shall notify the prisoner that, if the prisoner violates any	9169
sanction so imposed or any condition of post-release control	9170
described in division (B) of section 2967.131 of the Revised Code	9171
that is imposed on the prisoner, the parole board may impose a	9172
prison term of up to one-half of the stated prison term originally	9173
imposed upon the prisoner.	9174

(2) If a prisoner who is placed on post-release control under	9175
this section is released before the expiration of the prisoner's	9176
stated prison term by reason of credit earned under section	9177
2967.193 of the Revised Code and if the prisoner earned sixty or	9178
more days of credit, the adult parole authority shall supervise	9179
the offender with an active global positioning system device for	9180
the first fourteen days after the offender's release from	9181
imprisonment. This division does not prohibit or limit the	9182
imposition of any post-release control sanction otherwise	9183
authorized by this section.	9184

(3) At any time after a prisoner is released from	9185
imprisonment and during the period of post-release control	9186
applicable to the releasee, the adult parole authority or,	9187
pursuant to an agreement under section 2967.29 of the Revised	9188
Code, the court may review the releasee's behavior under the	9189
post-release control sanctions imposed upon the releasee under	9190
this section. The authority or court may determine, based upon the	9191
review and in accordance with the standards established under	9192
division (E) of this section, that a more restrictive or a less	9193
restrictive sanction is appropriate and may impose a different	9194
sanction. The authority also may recommend that the parole board	9195
or court increase or reduce the duration of the period of	9196
post-release control imposed by the court. If the authority	9197
recommends that the board or court increase the duration of	9198
post-release control, the board or court shall review the	9199
releasee's behavior and may increase the duration of the period of	9200
post-release control imposed by the court up to eight years. If	9201
the authority recommends that the board or court reduce the	9202
duration of control for an offense described in division (B) or	9203
(C) of this section, the board or court shall review the	9204
releasee's behavior and may reduce the duration of the period of	9205
control imposed by the court. In no case shall the board or court	9206
reduce the duration of the period of control imposed for an	9207
offense described in division (B)(1) of this section to a period	9208
less than the length of the stated prison term originally imposed,	9209
and in no case shall the board or court permit the releasee to	9210
leave the state without permission of the court or the releasee's	9211
parole or probation officer.	9212

(E) The department of rehabilitation and correction, in	9213
accordance with Chapter 119. of the Revised Code, shall adopt	9214
rules that do all of the following:	9215

(1) Establish standards for the imposition by the parole	9216
board of post-release control sanctions under this section that	9217
are consistent with the overriding purposes and sentencing	9218
principles set forth in section 2929.11 of the Revised Code and	9219
that are appropriate to the needs of releasees;	9220

(2) Establish standards by which the parole board can	9221
determine which prisoners described in division (C) of this	9222
section should be placed under a period of post-release control;	9223

(3) Establish standards to be used by the parole board in	9224
reducing the duration of the period of post-release control	9225
imposed by the court when authorized under division (D) of this	9226
section, in imposing a more restrictive post-release control	9227
sanction than monitored time upon a prisoner convicted of a felony	9228
of the fourth or fifth degree other than a felony sex offense, or	9229
in imposing a less restrictive control sanction upon a releasee	9230
based on the releasee's activities including, but not limited to,	9231
remaining free from criminal activity and from the abuse of	9232
alcohol or other drugs, successfully participating in approved	9233
rehabilitation programs, maintaining employment, and paying	9234
restitution to the victim or meeting the terms of other financial	9235
sanctions;	9236

(4) Establish standards to be used by the adult parole	9237
authority in modifying a releasee's post-release control sanctions	9238
pursuant to division (D)(2) of this section;	9239

(5) Establish standards to be used by the adult parole	9240
authority or parole board in imposing further sanctions under	9241
division (F) of this section on releasees who violate post-release	9242
control sanctions, including standards that do the following:	9243

(a) Classify violations according to the degree of	9244
seriousness;	9245

(b) Define the circumstances under which formal action by the	9246
parole board is warranted;	9247

9248

(d) Ensure procedural due process to an alleged violator;

9249

(e) Prescribe nonresidential community control sanctions for	9250
most misdemeanor and technical violations;	9251

(f) Provide procedures for the return of a releasee to	9252
imprisonment for violations of post-release control.	9253

(F)(1) Whenever the parole board imposes one or more	9254
post-release control sanctions upon an offender under this	9255
section, the offender upon release from imprisonment shall be	9256
under the general jurisdiction of the adult parole authority and	9257
generally shall be supervised by the field services section	9258
through its staff of parole and field officers as described in	9259
section 5149.04 of the Revised Code, as if the offender had been	9260
placed on parole. If the offender upon release from imprisonment	9261
violates the post-release control sanction or any conditions	9262
described in division (A) of section 2967.131 of the Revised Code	9263
that are imposed on the offender, the public or private person or	9264
entity that operates or administers the sanction or the program or	9265
activity that comprises the sanction shall report the violation	9266
directly to the adult parole authority or to the officer of the	9267
authority who supervises the offender. The authority's officers	9268
may treat the offender as if the offender were on parole and in	9269
violation of the parole, and otherwise shall comply with this	9270
section.	9271

(2) If the adult parole authority or, pursuant to an	9272
agreement under section 2967.29 of the Revised Code, the court	9273
determines that a releasee has violated a post-release control	9274
sanction or any conditions described in division (A) of section	9275
2967.131 of the Revised Code imposed upon the releasee and that a	9276
more restrictive sanction is appropriate, the authority or court	9277
may impose a more restrictive sanction upon the releasee, in	9278
accordance with the standards established under division (E) of	9279
this section or in accordance with the agreement made under	9280
section 2967.29 of the Revised Code, or may report the violation	9281
to the parole board for a hearing pursuant to division (F)(3) of	9282
this section. The authority or court may not, pursuant to this	9283
division, increase the duration of the releasee's post-release	9284
control or impose as a post-release control sanction a residential	9285
sanction that includes a prison term, but the authority or court	9286
may impose on the releasee any other residential sanction,	9287
nonresidential sanction, or financial sanction that the sentencing	9288
court was authorized to impose pursuant to sections 2929.16,	9289
2929.17, and 2929.18 of the Revised Code.	9290

(3) The parole board or, pursuant to an agreement under	9291
section 2967.29 of the Revised Code, the court may hold a hearing	9292
on any alleged violation by a releasee of a post-release control	9293
sanction or any conditions described in division (A) of section	9294
2967.131 of the Revised Code that are imposed upon the releasee.	9295
If after the hearing the board or court finds that the releasee	9296
violated the sanction or condition, the board or court may	9297
increase the duration of the releasee's post-release control up to	9298
the maximum duration authorized by division (B) or (C) of this	9299
section or impose a more restrictive post-release control	9300
sanction. When appropriate, the board or court may impose as a	9301
post-release control sanction a residential sanction that includes	9302
a prison term. The board or court shall consider a prison term as	9303
a post-release control sanction imposed for a violation of	9304
post-release control when the violation involves a deadly weapon	9305
or dangerous ordnance, physical harm or attempted serious physical	9306
harm to a person, or sexual misconduct, or when the releasee	9307
committed repeated violations of post-release control sanctions.	9308
Unless a releasee's stated prison term was reduced pursuant to	9309
section 5120.032 of the Revised Code, the period of a prison term	9310
that is imposed as a post-release control sanction under this	9311
division shall not exceed nine months, and the maximum cumulative	9312
prison term for all violations under this division shall not	9313
exceed one-half of the stated prison term originally imposed upon	9314
the offender as part of this sentence. If a releasee's stated	9315
prison term was reduced pursuant to section 5120.032 of the	9316
Revised Code, the period of a prison term that is imposed as a	9317
post-release control sanction under this division and the maximum	9318
cumulative prison term for all violations under this division	9319
shall not exceed the period of time not served in prison under the	9320
sentence imposed by the court. The period of a prison term that is	9321
imposed as a post-release control sanction under this division	9322
shall not count as, or be credited toward, the remaining period of	9323
post-release control.	9324

If an offender is imprisoned for a felony committed while	9325
under post-release control supervision and is again released on	9326
post-release control for a period of time determined by division	9327
(F)(4)(d) of this section, the maximum cumulative prison term for	9328
all violations under this division shall not exceed one-half of	9329
the total stated prison terms of the earlier felony, reduced by	9330
any prison term administratively imposed by the parole board or	9331
court, plus one-half of the total stated prison term of the new	9332
felony.	9333

(4) Any period of post-release control shall commence upon an	9334
offender's actual release from prison. If an offender is serving	9335
an indefinite prison term or a life sentence in addition to a	9336
stated prison term, the offender shall serve the period of	9337
post-release control in the following manner:	9338

(a) If a period of post-release control is imposed upon the	9339
offender and if the offender also is subject to a period of parole	9340
under a life sentence or an indefinite sentence, and if the period	9341
of post-release control ends prior to the period of parole, the	9342
offender shall be supervised on parole. The offender shall receive	9343
credit for post-release control supervision during the period of	9344
parole. The offender is not eligible for final release under	9345
section 2967.16 of the Revised Code until the post-release control	9346
period otherwise would have ended.	9347

(b) If a period of post-release control is imposed upon the	9348
offender and if the offender also is subject to a period of parole	9349
under an indefinite sentence, and if the period of parole ends	9350
prior to the period of post-release control, the offender shall be	9351
supervised on post-release control. The requirements of parole	9352
supervision shall be satisfied during the post-release control	9353
period.	9354

(c) If an offender is subject to more than one period of	9355
post-release control, the period of post-release control for all	9356
of the sentences shall be the period of post-release control that	9357
expires last, as determined by the parole board or court. Periods	9358
of post-release control shall be served concurrently and shall not	9359
be imposed consecutively to each other.	9360

(d) The period of post-release control for a releasee who	9361
commits a felony while under post-release control for an earlier	9362
felony shall be the longer of the period of post-release control	9363
specified for the new felony under division (B) or (C) of this	9364
section or the time remaining under the period of post-release	9365
control imposed for the earlier felony as determined by the parole	9366
board or court.	9367

Sec. 2981.07. (A) No person shall destroy, damage, remove, or	9368
transfer property that is subject to forfeiture or otherwise take	9369
any action in regard to property that is subject to forfeiture	9370
with purpose to do any of the following:	9371

(1) Prevent or impair the state's or political subdivision's	9372
lawful authority to take the property into its custody or control	9373
under this chapter or to continue holding the property under its	9374
lawful custody or control;	9375

(2) Impair or defeat the court's continuing jurisdiction over	9376
the person and property;	9377

(3) Devalue property that the person knows, or has reasonable	9378
cause to believe, is subject to forfeiture proceedings under this	9379
chapter.	9380

(B)(1) Whoever violates this section is guilty of	9381
interference with or diminishing forfeitable property.	9382

(2) Except as otherwise provided in divisions (B)(3), (4),	9383
and (5) of this section, interference with or diminishing	9384
forfeitable property is a misdemeanor of the first degree.	9385

(3) If the value of the property is ~~five hundred~~one thousand	9386
dollars or more but less than ~~five~~seven thousand five hundred	9387
dollars, interference with or diminishing forfeitable property is	9388
a felony of the fifth degree.	9389

(4) If the value of the property is ~~five~~seven thousand five	9390
hundred dollars or more but less than one hundred fifty thousand	9391
dollars, interference with or diminishing forfeitable property is	9392
a felony of the fourth degree.	9393

(5) If the value of the property is one hundred fifty	9394
thousand dollars or more, interference with or diminishing	9395
forfeitable property is a felony of the third degree.	9396

Sec. 4507.51. (A)(1) Every application for an identification	9397
card or duplicate shall be made on a form furnished by the	9398
registrar of motor vehicles, shall be signed by the applicant, and	9399
by the applicant's parent or guardian if the applicant is under	9400
eighteen years of age, and shall contain the following information	9401
pertaining to the applicant: name, date of birth, sex, general	9402
description including the applicant's height, weight, hair color,	9403
and eye color, address, and social security number. The	9404
application also shall state whether an applicant wishes to	9405
certify willingness to make an anatomical gift under section	9406
2108.05 of the Revised Code and shall include information about	9407
the requirements of sections 2108.01 to 2108.29 of the Revised	9408
Code that apply to persons who are less than eighteen years of	9409
age. The statement regarding willingness to make such a donation	9410
shall be given no consideration in the decision of whether to	9411
issue an identification card. Each applicant shall be photographed	9412
in color at the time of making application.	9413

(2)(a) The application also shall state whether the applicant	9414
has executed a valid durable power of attorney for health care	9415
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	9416
executed a declaration governing the use or continuation, or the	9417
withholding or withdrawal, of life-sustaining treatment pursuant	9418
to sections 2133.01 to 2133.15 of the Revised Code and, if the	9419
applicant has executed either type of instrument, whether the	9420
applicant wishes the identification card issued to indicate that	9421
the applicant has executed the instrument.	9422

(b) On and after October 7, 2009, the application also shall	9423
state whether the applicant is a veteran, active duty, or	9424
reservist of the armed forces of the United States and, if the	9425
applicant is such, whether the applicant wishes the identification	9426
card issued to indicate that the applicant is a veteran, active	9427
duty, or reservist of the armed forces of the United States by a	9428
military designation on the identification card.	9429

(3) The registrar or deputy registrar, in accordance with	9430
section 3503.11 of the Revised Code, shall register as an elector	9431
any person who applies for an identification card or duplicate if	9432
the applicant is eligible and wishes to be registered as an	9433
elector. The decision of an applicant whether to register as an	9434
elector shall be given no consideration in the decision of whether	9435
to issue the applicant an identification card or duplicate.	9436

(B) The application for an identification card or duplicate	9437
shall be filed in the office of the registrar or deputy registrar.	9438
Each applicant shall present documentary evidence as required by	9439
the registrar of the applicant's age and identity, and the	9440
applicant shall swear that all information given is true. An	9441
identification card issued by the department of rehabilitation and	9442
correction under section 5120.59 of the Revised Code shall be	9443
sufficient documentary evidence under this division upon	9444
verification of the applicant's social security number by the	9445
registrar or a deputy registrar. Upon issuing an identification	9446
card under this section for a person who has been issued an	9447
identification card under section 5120.59 of the Revised Code, the	9448
registrar or deputy registrar shall destroy the identification	9449
card issued under section 5120.59 of the Revised Code.	9450

All applications for an identification card or duplicate	9451
shall be filed in duplicate, and if submitted to a deputy	9452
registrar, a copy shall be forwarded to the registrar. The	9453
registrar shall prescribe rules for the manner in which a deputy	9454
registrar is to file and maintain applications and other records.	9455
The registrar shall maintain a suitable, indexed record of all	9456
applications denied and cards issued or canceled.	9457

(C) In addition to any other information it contains, on and	9458
after the date that is fifteen months after the effective date of	9459
this amendment, the form furnished by the registrar of motor	9460
vehicles for an application for an identification card or	9461
duplicate shall inform applicants that the applicant must present	9462
a copy of the applicant's DD-214 or an equivalent document in	9463
order to qualify to have the card or duplicate indicate that the	9464
applicant is an honorably discharged veteran of the armed forces	9465
of the United States based on a request made pursuant to division	9466
(A)(2)(b) of this section.	9467

Sec. 5120.035. (A) As used in this section:

9468

(1) "Alcohol and drug addiction services" has the same	9469
meaning as in section 3793.01 of the Revised Code.	9470

(2) "Second Chance Act" means the "Second Chance Act of 2007:	9471
Community Safety Through Recidivism Prevention," 122 Stat. 657, 42	9472
U.S.C. 17501, et seq., as now or hereafter amended.	9473

(B) The department of rehabilitation and correction, together	9474
with the department of alcohol and drug addiction services as the	9475
single state authority for alcohol and drug addiction services,	9476
shall develop an implementation plan related to any funding	9477
approved by the bureau of justice assistance of the United States	9478
department of justice through the Second Chance Act related to	9479
reentry of offenders into the community. The department of	9480
rehabilitation and correction, together with the department of	9481
alcohol and drug addiction services, shall develop the plan not	9482
later than ninety days after either of the departments is notified	9483
by the United States department of justice that this state will	9484
receive funding through the Second Chance Act. The implementation	9485
plan shall include, but is not limited to, all of the following:	9486

(1) A process and funding system for the reentry of offenders	9487
seeking alcohol and drug addiction services;	9488

(2) The planning, development, implementation, outcomes,	9489
monitoring, regulation, and evaluation of a statewide system for	9490
clinically appropriate alcohol and drug addiction services.	9491

Sec. 5120.07. (A) There is hereby created the ex-offender	9492
reentry coalition consisting of the following seventeen members or	9493
their designees:	9494

(1) The director of rehabilitation and correction;

9495

(2) The director of aging;

9496

(3) The director of alcohol and drug addiction services;

9497

(4) The director of development;

9498

(5) The superintendent of public instruction;

9499

(6) The director of health;

9500

(7) The director of job and family services;

9501

(8) The director of mental health;

9502

(9) The director of developmental disabilities;

9503

(10) The director of public safety;

9504

(11) The director of youth services;

9505

(12) The chancellor of the Ohio board of regents;

9506

(13) ~~The director~~A representative or member of the	9507
governor's ~~office of external affairs and economic opportunity~~	9508
staff;	9509

(14) ~~The director of the governor's office of faith-based and~~	9510
~~community initiatives;~~	9511

~~(15)~~ The director of the rehabilitation services commission;

9512

~~(16)~~(15) The director of the department of commerce;

9513

~~(17)~~(16) The executive director of a health care licensing	9514
board created under Title XLVII of the Revised Code, as appointed	9515
by the chairperson of the coalition;	9516

(17) The director of veterans services.

9517

(B) The members of the coalition shall serve without	9518
compensation. The director of rehabilitation and correction or the	9519
director's designee shall be the chairperson of the coalition.	9520

(C) In consultation with persons interested and involved in	9521
the reentry of ex-offenders into the community, including but not	9522
limited to, service providers, community-based organizations, and	9523
local governments, the coalition shall identify and examine social	9524
service barriers and other obstacles to the reentry of	9525
ex-offenders into the community. Not later than one year after	9526
April 7, 2009, and on or before the same date of each year	9527
thereafter, the coalition shall submit to the speaker of the house	9528
of representatives and the president of the senate a report,	9529
including recommendations for legislative action, the activities	9530
of the coalition, and the barriers affecting the successful	9531
reentry of ex-offenders into the community. The report shall	9532
analyze the effects of those barriers on ex-offenders and on their	9533
children and other family members in various areas, including but	9534
not limited to, the following:	9535

(1) Admission to public and other housing;

9536

(2) Child support obligations and procedures;

9537

(3) Parental incarceration and family reunification;

9538

(4) Social security benefits, veterans' benefits, food	9539
stamps, and other forms of public assistance;	9540

(5) Employment;

9541

(6) Education programs and financial assistance;

9542

(7) Substance abuse, mental health, and sex offender	9543
treatment programs and financial assistance;	9544

(8) Civic and political participation;

9545

(9) Other collateral consequences under the Revised Code or	9546
the Ohio administrative code law that may result from a criminal	9547
conviction.	9548

Sec. 5120.10. (A)(1) The director of rehabilitation and	9549
correction, by rule, shall promulgate minimum standards for jails	9550
in Ohio, including minimum security jails dedicated under section	9551
341.34 or 753.21 of the Revised Code. Whenever the director files	9552
a rule or an amendment to a rule in final form with both the	9553
secretary of state and the director of the legislative service	9554
commission pursuant to section 111.15 of the Revised Code, the	9555
director of rehabilitation and correction promptly shall send a	9556
copy of the rule or amendment, if the rule or amendment pertains	9557
to minimum jail standards, by ordinary mail to the political	9558
subdivisions or affiliations of political subdivisions that	9559
operate jails to which the standards apply.	9560

(2) The rules promulgated in accordance with division (A)(1)	9561
of this section shall serve as criteria for the investigative and	9562
supervisory powers and duties vested by division (D) of this	9563
section in the division of parole and community services of the	9564
department of rehabilitation and correction or in another division	9565
of the department to which those powers and duties are assigned.	9566

(B) The director may initiate an action in the court of	9567
common pleas of the county in which a facility that is subject to	9568
the rules promulgated under division (A)(1) of this section is	9569
situated to enjoin compliance with the minimum standards for jails	9570
or with the minimum standards and minimum renovation,	9571
modification, and construction criteria for minimum security	9572
jails.	9573

(C) Upon the request of an administrator of a jail facility,	9574
the chief executive of a municipal corporation, or a board of	9575
county commissioners, the director of rehabilitation and	9576
correction or the director's designee shall grant a variance from	9577
the minimum standards for jails in Ohio for a facility that is	9578
subject to one of those minimum standards when the director	9579
determines that strict compliance with the minimum standards would	9580
cause unusual, practical difficulties or financial hardship, that	9581
existing or alternative practices meet the intent of the minimum	9582
standards, and that granting a variance would not seriously affect	9583
the security of the facility, the supervision of the inmates, or	9584
the safe, healthful operation of the facility. If the director or	9585
the director's designee denies a variance, the applicant may	9586
appeal the denial pursuant to section 119.12 of the Revised Code.	9587

(D) The following powers and duties shall be exercised by the	9588
division of parole and community services unless assigned to	9589
another division by the director:	9590

(1) The investigation and supervision of county and municipal	9591
jails, workhouses, minimum security jails, and other correctional	9592
institutions and agencies;	9593

(2) The review and approval of plans submitted to the	9594
department of rehabilitation and correction pursuant to division	9595
(E) of this section;	9596

(3) The management and supervision of the adult parole	9597
authority created by section 5149.02 of the Revised Code;	9598

(4) The review and approval of proposals for community-based	9599
correctional facilities and programs and district community-based	9600
correctional facilities and programs that are submitted pursuant	9601
to division (B) of section 2301.51 of the Revised Code;	9602

(5) The distribution of funds made available to the division	9603
for purposes of assisting in the renovation, maintenance, and	9604
operation of community-based correctional facilities and programs	9605
and district community-based correctional facilities and programs	9606
in accordance with section 5120.112 of the Revised Code;	9607

(6) The performance of the duty imposed upon the department	9608
of rehabilitation and correction in section 5149.31 of the Revised	9609
Code to establish and administer a program of subsidies to	9610
eligible municipal corporations, counties, and groups of	9611
contiguous counties for the development, implementation, and	9612
operation of community-based corrections programs;	9613

(7) Licensing halfway houses and community residential	9614
centers for the care and treatment of adult offenders in	9615
accordance with section 2967.14 of the Revised Code;	9616

(8) Contracting with a public or private agency or a	9617
department or political subdivision of the state that operates a	9618
licensed halfway house or community residential center for the	9619
provision of housing, supervision, and other services to parolees,	9620
releasees, persons placed under a residential sanction, persons	9621
under transitional control, and other eligible offenders in	9622
accordance with section 2967.14 of the Revised Code.	9623

Other powers and duties may be assigned by the director of	9624
rehabilitation and correction to the division of parole and	9625
community services. This section does not apply to the department	9626
of youth services or its institutions or employees.	9627

(E) No plan for any new jail, workhouse, or lockup, and no	9628
plan for a substantial addition or alteration to an existing jail,	9629
workhouse, or lockup, shall be adopted unless the officials	9630
responsible for adopting the plan have submitted the plan to the	9631
department of rehabilitation and correction for approval, and the	9632
department has approved the plan as provided in division (D)(2) of	9633
this section.	9634

(F) The division of parole and community services shall	9635
review, approve, and certify proposals for community alternative	9636
sentencing centers and district community alternative sentencing	9637
centers that are submitted pursuant to section 307.932 of the	9638
Revised Code.	9639

Sec. 5120.111. With respect to community-based correctional	9640
facilities and programs and district community-based correctional	9641
facilities and programs authorized under section 2301.51 of the	9642
Revised Code and to community alternative sentencing centers and	9643
district community alternative sentencing centers authorized under	9644
section 307.932 of the Revised Code, the department of	9645
rehabilitation and correction shall do all of the following:	9646

(A) Adopt rules, under Chapter 119. of the Revised Code, that	9647
serve as criteria for the operation of community-based	9648
correctional facilities and programs and district community-based	9649
correctional facilities and programs approved in accordance with	9650
sections 2301.51 and 5120.10 of the Revised Code;	9651

(B) Adopt rules, under Chapter 119. of the Revised Code,	9652
governing the procedures for the submission of proposals for the	9653
establishment of community-based correctional facilities and	9654
programs and district community-based correctional facilities and	9655
programs to the division of parole and community services under	9656
division (B) of section 2301.51 of the Revised Code or for the	9657
establishment and operation of community alternative sentencing	9658
centers and district community alternative sentencing centers	9659
under section 307.932 of the Revised Code and adopt rules under	9660
Chapter 119. of the Revised Code that establish certification	9661
guidelines for community alternative sentencing centers and	9662
district community alternative sentencing centers under section	9663
307.932 of the Revised Code;	9664

(C) Prescribe forms that are to be used by facility governing	9665
boards of community-based correctional facilities and programs and	9666
district community-based correctional facilities and programs in	9667
making application for state financial assistance under section	9668
2301.56 of the Revised Code;	9669

(D) Adopt rules, under Chapter 119. of the Revised Code, that	9670
prescribe the standards of operation for the facilities and	9671
programs that must be satisfied for ~~the~~community-based	9672
correctional facilities and programs and district community-based	9673
correctional facilities and programs to be eligible for state	9674
financial assistance;	9675

(E) Through the division of parole and community services,	9676
accept and review proposals for the establishment of ~~the~~	9677
community-based correctional facilities and programs and district	9678
community-based correctional facilities and programs and approve	9679
those proposals that satisfy the minimum requirements contained in	9680
section 2301.52 of the Revised Code; and administer the program	9681
for state financial assistance to the facilities and programs in	9682
accordance with section 5120.112 of the Revised Code;	9683

(F) Accept, through the division of parole and community	9684
services, and review proposals for the establishment and operation	9685
of community alternative sentencing centers and district community	9686
alternative sentencing centers and approve and certify those	9687
proposals that satisfy the requirements contained in section	9688
307.932 of the Revised Code.	9689

Sec. 5120.113. (A) For each inmate committed to the	9690
department of rehabilitation and correction, except as provided in	9691
division (B) of this section, the department shall prepare a	9692
written reentry plan for the inmate to help guide the inmate's	9693
rehabilitation program during imprisonment, to assist in the	9694
inmate's reentry into the community, and to assess the inmate's	9695
needs upon release.	9696

(B) Division (A) of this section does not apply to an inmate	9697
who has been sentenced to life imprisonment without parole or who	9698
has been sentenced to death. Division (A) of this section does not	9699
apply to any inmate who is expected to be imprisoned for thirty	9700
days or less, but the department may prepare a written reentry	9701
plan of the type described in that division if the department	9702
determines that the plan is needed.	9703

(C) The department may collect, if available, any social and	9704
other information that will aid in the preparation of reentry	9705
plans under this section.	9706

(D) In the event the department does not prepare a written	9707
reentry plan as specified in division (A) of this section, or	9708
makes a decision to not prepare a written reentry plan under	9709
division (B) of this section or to not collect information under	9710
division (C) of this section, that fact does not give rise to a	9711
claim for damages against the state, the department, the director	9712
of the department, or any employee of the department.	9713

Sec. 5120.59. Before a prisoner is released from a state	9714
correctional institution, the department of rehabilitation and	9715
correction shall attempt to verify the prisoner's identification	9716
and social security number. If the department is not able to	9717
verify the prisoner's identification and social security number,	9718
if the prisoner has no other documentary evidence required by the	9719
registrar of motor vehicles for the issuance of an identification	9720
card under section 4507.50 of the Revised Code, and if the	9721
department determines that the prisoner is legally living in the	9722
United States, the department shall issue to the prisoner upon the	9723
prisoner's release an identification card that the prisoner may	9724
present to the registrar or a deputy registrar of motor vehicles	9725
~~to obtain an identification card under section 4507.50 of the~~	9726
~~Revised Code. The director of rehabilitation and correction may~~	9727
~~adopt rules for the implementation of this section~~.	9728

Sec. 5120.60. (A) There is hereby created in the division of	9729
parole and community services the office of ~~victims'~~victim	9730
services.	9731

(B) The office shall provide assistance to victims of crime,	9732
victims' representatives designated under section 2930.02 of the	9733
Revised Code, and members of the victim's family. The assistance	9734
shall include, but not be limited to, providing information about	9735
the policies and procedures of the department of rehabilitation	9736
and correction and the status of offenders under the department's	9737
jurisdiction.	9738

(C) The office shall also make available publications that	9739
will assist victims in contacting staff of the department about	9740
problems with offenders under the supervision of the adult parole	9741
authority or confined in state correctional institutions under the	9742
department's jurisdiction.	9743

(D) The office shall employ a ~~victims~~victim coordinator who	9744
shall administer the office's functions. The ~~victims~~victim	9745
coordinator shall be in the unclassified civil service and report	9746
directly to the chief of the division.	9747

(E) The office shall also employ at least three persons in	9748
the unclassified civil service whose primary duties shall be to	9749
help parole board hearing officers identify victims' issues and to	9750
make recommendations to the parole board in accordance with rules	9751
adopted by the department. The member of the parole board	9752
appointed pursuant to division (B) of section 5149.10 of the	9753
Revised Code shall approve the hiring of the employees of the	9754
office.	9755

(F) The office shall coordinate its activities with the	9756
member of the parole board appointed pursuant to division (B) of	9757
section 5149.10 of the Revised Code. The ~~victims~~victim	9758
coordinator and other employees of the office shall have full	9759
access to records of prisoners under the department's	9760
jurisdiction.	9761

(G) Information provided to the office of victim services by	9762
victims of crime or a victim representative designated under	9763
section 2930.02 of the Revised Code for the purpose of program	9764
participation, of receiving services, or to communicate acts of an	9765
inmate or person under the supervision of the adult parole	9766
authority that threaten the safety and security of the victim	9767
shall be confidential and is not a public record under section	9768
149.43 of the Revised Code.	9769

(H)(1) If a person who was convicted of or pleaded guilty to	9770
an offense of violence that is a felony escapes from a	9771
correctional institution under the control of the department of	9772
rehabilitation and correction or otherwise escapes from the	9773
custody of the department, the office of victim services shall	9774
notify each victim of the offense or offenses committed by that	9775
person of that person's escape and, if applicable, of that	9776
person's subsequent apprehension. The office shall give this	9777
notice as soon as practicable after the escape and the office	9778
identifies and locates the victim. The office shall give this	9779
notice to each victim of the escaped person, regardless of whether	9780
the victim is registered for notification with the office, unless	9781
the victim has specifically notified the office that the victim	9782
does not wish to be notified regarding the person.	9783

The office may give the notice required by this division by	9784
telephone, in person, or by e-mail or other electronic means. If	9785
the office cannot locate a victim to whom notice is to be provided	9786
under this division, the office shall send the notice in writing	9787
to the last known address of that victim.	9788

(2) If a person escapes as described in division (H)(1) of	9789
this section, the office of victim services may request assistance	9790
from the prosecuting attorney of the county in which the person	9791
was convicted of or pleaded guilty to the offense in identifying	9792
and locating the victim of the offense.	9793

(I) Any reference in any Revised Code section other than this	9794
section to the "office of victims' services" of the division of	9795
parole and community services or of the department of	9796
rehabilitation and correction shall be construed as being a	9797
reference to, and meaning, the office of victim services created	9798
by division (A) of this section.	9799

(J) As used in this section, "crime," "member of the victim's	9800
family," and "victim" have the meanings given in section 2930.01	9801
of the Revised Code.	9802

Sec. 5120.66. (A) Within ninety days after November 23,	9803
2005, but not before January 1, 2006, the department of	9804
rehabilitation and correction shall establish and operate on the	9805
internet a database that contains all of the following:	9806

(1) For each inmate in the custody of the department under a	9807
sentence imposed for a conviction of or plea of guilty to any	9808
offense, all of the following information:	9809

(a) The inmate's name;

9810

(b) For each offense for which the inmate was sentenced to a	9811
prison term or term of imprisonment and is in the department's	9812
custody, the name of the offense, the Revised Code section of	9813
which the offense is a violation, the gender of each victim of the	9814
offense if those facts are known, whether each victim of the	9815
offense was an adult or child if those facts are known, the range	9816
of the possible prison terms or term of imprisonment that could	9817
have been imposed for the offense, the actual prison term or term	9818
of imprisonment imposed for the offense, the county in which the	9819
offense was committed, the date on which the inmate began serving	9820
the prison term or term of imprisonment imposed for the offense,	9821
and either the date on which the inmate will be eligible for	9822
parole relative to the offense if the prison term or term of	9823
imprisonment is an indefinite term or life term or the date on	9824
which the term ends if the prison term is a definite term;	9825

(c) All of the following information that is applicable	9826
regarding the inmate:	9827

(i) If known to the department prior to the conduct of any	9828
hearing for judicial release of the defendant pursuant to section	9829
2929.20 of the Revised Code in relation to any prison term or term	9830
of imprisonment the inmate is serving for any offense or any	9831
hearing for release of the defendant pursuant to section 2967.19	9832
of the Revised Code in relation to any such term, notice of the	9833
fact that the inmate will be having a hearing regarding a possible	9834
grant of judicial release or release, the date of the hearing, and	9835
the right of any person pursuant to division (J) of ~~that~~ section	9836
2929.20 or division (H) of section 2967.19 of the Revised Code,	9837
whichever is applicable, to submit to the court a written	9838
statement regarding the possible judicial release;or release. The	9839
department also shall post notice of the filing of any petition	9840
for release of the inmate pursuant to section 2967.19 of the	9841
Revised Code, as required by division (E) of that section.	9842

(ii) If the inmate is serving a prison term pursuant to	9843
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	9844
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	9845
Code, prior to the conduct of any hearing pursuant to section	9846
2971.05 of the Revised Code to determine whether to modify the	9847
requirement that the inmate serve the entire prison term in a	9848
state correctional facility in accordance with division (C) of	9849
that section, whether to continue, revise, or revoke any existing	9850
modification of that requirement, or whether to terminate the	9851
prison term in accordance with division (D) of that section,	9852
notice of the fact that the inmate will be having a hearing	9853
regarding those determinations and of the date of the hearing;	9854

(iii) At least three weeks before the adult parole authority	9855
recommends a pardon or commutation of sentence for the inmate or	9856
at least three weeks prior to a hearing before the adult parole	9857
authority regarding a grant of parole to the inmate in relation to	9858
any prison term or term of imprisonment the inmate is serving for	9859
any offense, notice of the fact that the inmate might be under	9860
consideration for a pardon or commutation of sentence or will be	9861
having a hearing regarding a possible grant of parole, of the date	9862
of any hearing regarding a possible grant of parole, and of the	9863
right of any person to submit a written statement regarding the	9864
pending action;	9865

(iv) At least three weeks before the inmate is transferred to	9866
transitional control under section 2967.26 of the Revised Code in	9867
relation to any prison term or term of imprisonment the inmate is	9868
serving for any offense, notice of the pendency of the transfer,	9869
of the date of the possible transfer, and of the right of any	9870
person to submit a statement regarding the possible transfer;	9871

(v) Prompt notice of the inmate's escape from any facility in	9872
which the inmate was incarcerated and of the capture of the inmate	9873
after an escape;	9874

(vi) Notice of the inmate's death while in confinement;

9875

(vii) Prior to the release of the inmate from confinement,	9876
notice of the fact that the inmate will be released, of the date	9877
of the release, and, if applicable, of the standard terms and	9878
conditions of the release;	9879

(viii) Notice of the inmate's judicial release pursuant to	9880
section 2929.20 of the Revised Code or release pursuant to section	9881
2967.19 of the Revised Code.	9882

(2) Information as to where a person can send written	9883
statements of the types referred to in divisions (A)(1)(c)(i),	9884
(iii), and (iv) of this section.	9885

(B)(1) The department shall update the database required	9886
under division (A) of this section every twenty-four hours to	9887
ensure that the information it contains is accurate and current.	9888

(2) The database required under division (A) of this section	9889
is a public record open for inspection under section 149.43 of the	9890
Revised Code. The department shall make the database searchable by	9891
inmate name and by the county and zip code where the offender	9892
intends to reside after release from a state correctional	9893
institution if this information is known to the department.	9894

(3) The database required under division (A) of this section	9895
may contain information regarding inmates who are listed in the	9896
database in addition to the information described in that	9897
division.	9898

(4) No information included on the database required under	9899
division (A) of this section shall identify or enable the	9900
identification of any victim of any offense committed by an	9901
inmate.	9902

(C) The failure of the department to comply with the	9903
requirements of division (A) or (B) of this section does not give	9904
any rights or any grounds for appeal or post-conviction relief to	9905
any inmate.	9906

(D) This section, and the related provisions of sections	9907
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted	9908
in the act in which this section was enacted, shall be known as	9909
"Laura's Law."	9910

Sec. 5149.01. As used in Chapter 5149. of the Revised Code:

9911

(A) "Authority" means the adult parole authority created by	9912
section 5149.02 of the Revised Code.	9913

(B) "State correctional institution," "pardon,"	9914
"commutation," "reprieve," "parole," "head of a state correctional	9915
institution," "convict," "prisoner," "parolee," "final release,"	9916
and "parole violator" have the same meanings as in section 2967.01	9917
of the Revised Code.	9918

(C) "Full board hearing" means a parole board hearing	9919
conducted by a ~~minimum~~majority of ~~seven~~ parole board members as	9920
described in section 5149.101 of the Revised Code.	9921

Sec. 5149.10. (A)(1) The parole board shall consist of up to	9922
twelve members, one of whom shall be designated as chairperson by	9923
the director of the department of rehabilitation and correction	9924
and who shall continue as chairperson until a successor is	9925
designated, and any other personnel that are necessary for the	9926
orderly performance of the duties of the board. In addition to the	9927
rules authorized by section 5149.02 of the Revised Code, the chief	9928
of the adult parole authority, subject to the approval of the	9929
chief of the division of parole and community services and subject	9930
to this section, shall adopt rules governing the proceedings of	9931
the parole board. The rules shall provide for the convening of	9932
full board hearings, the procedures to be followed in full board	9933
hearings, and general procedures to be followed in other hearings	9934
of the board and by the board's hearing officers. The rules also	9935
shall require agreement by a majority of all the board members to	9936
any recommendation of clemency transmitted to the governor.	9937

(2) When the board members sit as a full board, the	9938
chairperson shall preside. The chairperson shall also allocate the	9939
work of the parole board among the board members. The full board	9940
shall meet at least once each month. In the case of a tie vote on	9941
the full board, the chief of the adult parole authority shall cast	9942
the deciding vote. The chairperson may designate a person to serve	9943
in the chairperson's place.	9944

(3)(a) Except for the chairperson, except for the member	9945
appointed under division (B) of this section, and except as	9946
otherwise provided in division (A)(3)(b) of this section, a member	9947
appointed to the parole board shall be appointed to a six-year	9948
term. A member shall hold office from the date of appointment	9949
until the end of the term for which the member was appointed. A	9950
member is eligible for reappointment for another six-year term	9951
that may or may not be consecutive to the first six-year term. A	9952
member is not eligible for reappointment after serving two	9953
six-year terms whether or not served consecutively. Vacancies	9954
shall be filled in the same manner provided for original	9955
appointments. Any member appointed under this division to fill a	9956
vacancy occurring prior to the expiration date of the term for	9957
which the member's predecessor was appointed shall begin that	9958
member's first six-year term upon appointment, regardless of the	9959
time remaining in the term of the member's predecessor. A member	9960
appointed under this division shall continue in office subsequent	9961
to the expiration date of the member's term until the member's	9962
successor takes office or until a period of sixty days has	9963
elapsed, whichever occurs first.	9964

(b) A member of the parole board on the effective date of	9965
this amendment who has served on the board less than six years	9966
shall have the time so served applied toward a six-year term and	9967
at the end of that six-year term shall be eligible for	9968
reappointment to an additional six-year term. A member of the	9969
parole board on the effective date of this amendment who has	9970
served on the board at least six years but less than twelve years	9971
shall have six of the years so served applied toward the first	9972
six-year term and the remaining time so served applied toward a	9973
second six-year term, shall serve the remainder of that second	9974
six-year term, and at the end of that second six-year term shall	9975
not be eligible for reappointment. A member of the parole board on	9976
the effective date of this amendment who has served on the board	9977
twelve years or longer shall serve until a successor member is	9978
appointed or a period of six months after the effective date of	9979
this amendment has elapsed, whichever occurs first, and after the	9980
end of that service shall be eligible for reappointment to an	9981
additional six-year term.	9982

(4) Except as otherwise provided in division (B) of this	9983
section, no person shall be appointed a member of the board who is	9984
not qualified by education or experience in correctional work,	9985
including law enforcement, prosecution of offenses, advocating for	9986
the rights of victims of crime, probation, or parole, in law, in	9987
social work, or in a combination of the three categories.	9988

(B) The director of rehabilitation and correction, in	9989
consultation with the governor, shall appoint one member of the	9990
board, who shall be a person who has been a victim of crime or who	9991
is a member of a victim's family or who represents an organization	9992
that advocates for the rights of victims of crime. After	9993
appointment, this member shall be an unclassified employee of the	9994
department of rehabilitation and correction.	9995

The initial appointment shall be for a term ending four years	9996
after July 1, 1996. Thereafter, the term of office of the member	9997
appointed under this division shall be for four years, with each	9998
term ending on the same day of the same month as did the term that	9999
it succeeds. The member shall hold office from the date of	10000
appointment until the end of the term for which the member was	10001
appointed and may be reappointed. Vacancies shall be filled in the	10002
manner provided for original appointments. Any member appointed	10003
under this division to fill a vacancy occurring prior to the	10004
expiration date of the term for which the member's predecessor was	10005
appointed shall hold office as a member for the remainder of that	10006
term. The member appointed under this division shall continue in	10007
office subsequent to the expiration date of the member's term	10008
until the member's successor takes office or until a period of	10009
sixty days has elapsed, whichever occurs first.	10010

The member appointed under this division shall be compensated	10011
in the same manner as other board members and shall be reimbursed	10012
for actual and necessary expenses incurred in the performance of	10013
the ~~members'~~member's duties. The member may vote on all cases	10014
heard by the full board under section 5149.101 of the Revised	10015
Code, has such duties as are assigned by the chairperson of the	10016
board, and shall coordinate the member's activities with the	10017
office of victims' services created under section 5120.60 of the	10018
Revised Code.	10019

As used in this division, "crime," "member of the victim's	10020
family," and "victim" have the meanings given in section 2930.01	10021
of the Revised Code.	10022

(C) The chairperson shall submit all recommendations for or	10023
against clemency directly to the governor.	10024

(D) The chairperson shall transmit to the chief of the adult	10025
parole authority all determinations for or against parole made by	10026
the board. Parole determinations are final and are not subject to	10027
review or change by the chief.	10028

(E) In addition to its duties pertaining to parole and	10029
clemency, if an offender is sentenced to a prison term pursuant to	10030
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	10031
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	10032
Code, the parole board shall have control over the offender's	10033
service of the prison term during the entire term unless the board	10034
terminates its control in accordance with section 2971.04 of the	10035
Revised Code. The parole board may terminate its control over the	10036
offender's service of the prison term only in accordance with	10037
section 2971.04 of the Revised Code.	10038

Sec. 5149.33. No municipal corporation, county, or group of	10039
counties receiving a subsidy under division (A) of section 5149.31	10040
of the Revised Code shall reduce, by the amount of the subsidy it	10041
receives or by a greater or lesser amount, the amount of local,	10042
nonfederal funds it expends for corrections, including, but not	10043
limited to, the amount of local, nonfederal funds it expends for	10044
the operation of the county, multicounty, municipal,	10045
municipal-county, or multicounty-municipal jail or workhouse, for	10046
any county or municipal probation department, or for any community	10047
corrections program. Each subsidy shall be used to make	10048
corrections expenditures in excess of those being made from local,	10049
nonfederal funds. No subsidy or portion of a subsidy shall be used	10050
to make capital improvements. If a recipient violates this	10051
section, the department of rehabilitation and correction ~~shall~~may	10052
discontinue subsidy payments to the recipient.	10053

Sec. 5149.34. (A)(1) If a county desires to receive a	10054
subsidy from a subsidy program established under division (A) of	10055
section 5149.31 of the Revised Code for community corrections	10056
programs as described in division (B) of that section, the board	10057
of county commissioners of the county shall establish, by a	10058
resolution as described in this division, and maintain a local	10059
corrections planning board that, except as provided in division	10060
(A)(2) of this section, shall include an administrator of a	10061
county, multicounty, municipal, municipal-county, or	10062
multicounty-municipal jail or workhouse located in the county,; a	10063
county commissioner of that county,; a judge of the court of	10064
common pleas of that county,; a judge of a municipal court or	10065
county court of that county,; an attorney whose practice of law	10066
primarily involves the representation of criminal defendants,; the	10067
chief law enforcement officer of the largest municipal corporation	10068
located in the county,; the county sheriff,; one or more	10069
prosecutors, as defined in section 2935.01 of the Revised Code,;	10070
the executive director of the board of alcohol, drug addiction,	10071
and mental health services serving that county or the executive	10072
director's designee, or the executive directors of both the	10073
community mental health board and the alcohol and drug addiction	10074
services board serving that county or their designees, whichever	10075
is applicable; the executive director of the county board of	10076
mental retardation and developmental disabilities of that county	10077
or the executive director's designee; an administrator of a	10078
halfway house serving that county, if any, or the administrator's	10079
designee; an administrator of a community-based correctional	10080
facility, if any, serving the court of common pleas of that county	10081
or the administrator's designee; an administrator of a community	10082
corrections act-funded program in that county, if any, or the	10083
administrator's designee; one or more representatives of the	10084
public, one of whom shall be a victim of crime,; one or more	10085
additional representatives of the law enforcement community,; one	10086
or more additional representatives of the judiciary,; one or more	10087
additional representatives of the field of corrections,; and	10088
officials from the largest municipal corporation located in the	10089
county. A majority of the members of the board shall be employed	10090
in the adult criminal justice field. At least two members of the	10091
board shall be members of the largest racial minority population,	10092
if any, in the county, and at least two other members of the board	10093
shall be women. The resolution shall state the number and nature	10094
of the members, the duration of their terms, the manner of filling	10095
vacancies on the board, and the compensation, if any, that members	10096
are to receive. The board of county commissioners also may	10097
specify, as part of the resolution, any other duties the local	10098
corrections planning board is to assume.	10099

(2) If, for good cause shown, including, but not limited to,	10100
the refusal of a specified individual to serve on a local	10101
corrections planning board, a particular county is not able to	10102
satisfy the requirements specified in division (A)(1) of this	10103
section for the composition of such a board, the director of	10104
rehabilitation and correction may waive the requirements to the	10105
extent necessary and approve a composition for the board that	10106
otherwise is consistent with the requirements.	10107

(B) Each local corrections planning board established	10108
pursuant to division (A) of this section shall adopt within	10109
eighteen months after its establishment, and from time to time	10110
shall revise, a comprehensive plan for the development,	10111
implementation, and operation of corrections services in the	10112
county. The plan shall be adopted and revised after consideration	10113
has been given to the impact that it will have or has had on the	10114
populations of state correctional institutions and county,	10115
multicounty, municipal, municipal-county, or multicounty-municipal	10116
jails or workhouses in the county, and shall be designed to unify	10117
or coordinate corrections services in the county and to reduce the	10118
number of persons committed, consistent with the standards adopted	10119
under division (B) of section 5149.31 of the Revised Code, from	10120
that county to state correctional institutions and to county,	10121
multicounty, municipal, municipal-county, or multicounty-municipal	10122
jails or workhouses. The plan and any revisions to the plan shall	10123
be submitted to the board of county commissioners of the county in	10124
which the local corrections planning board is located for	10125
approval.	10126

If a county has a community-based correctional facility and	10127
program established in accordance with sections 2301.51 to 2301.58	10128
of the Revised Code, the budgets of the facility and program shall	10129
not be subject to approval by the local corrections planning	10130
board, but instead shall continue to be determined in accordance	10131
with those sections. However, the local corrections planning board	10132
shall include the facility and program as part of the	10133
comprehensive plan adopted and revised pursuant to this division.	10134

(C) As used in this section, "halfway house" and	10135
"community-based correctional facility" have the same meanings as	10136
in section 2929.01 of the Revised Code.	10137

Section 2. That existing sections 109.42, 307.93, 309.18,	10138
341.12, 926.99, 1333.99, 1707.99, 1716.99, 2743.191, 2909.03,	10139
2909.05, 2909.11, 2913.01, 2913.02, 2913.03, 2913.04, 2913.11,	10140
2913.21, 2913.31, 2913.32, 2913.34, 2913.40, 2913.401, 2913.42,	10141
2913.421, 2913.43, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49,	10142
2913.51, 2913.61, 2915.05, 2917.21, 2917.31, 2917.32, 2919.21,	10143
2921.13, 2921.34, 2921.41, 2923.31, 2925.01, 2925.03, 2925.05,	10144
2925.11, 2929.01, 2929.13, 2929.14, 2929.20, 2929.26, 2929.34,	10145
2930.16, 2930.17, 2950.99, 2951.041, 2967.05, 2967.14, 2967.193,	10146
2967.28, 2981.07, 4507.51, 5120.07, 5120.10, 5120.111, 5120.59,	10147
5120.60, 5120.66, 5149.01, 5149.10, 5149.33, and 5149.34 of the	10148
Revised Code are hereby repealed.	10149

Section 3. The amendment of section 5120.07 of the Revised	10150
Code by Sections 1 and 2 of this act is not intended to supersede	10151
the earlier repeal of that section, with the delayed effective	10152
date of December 31, 2011.	10153

Section 4. The amendments to sections 2925.01, 2925.03,	10154
2925.05, and 2925.11 of the Revised Code, and to division (W) of	10155
section 2929.01 of the Revised Code, that are made in this act	10156
apply to a person who commits an offense involving marihuana,	10157
cocaine, or hashish on or after the effective date of this act and	10158
to a person to whom division (B) of section 1.58 of the Revised	10159
Code makes the amendments applicable.	10160

The provisions of sections 2925.01, 2925.03, 2925.05, and	10161
2925.11 of the Revised Code, and of division (W) of section	10162
2929.01 of the Revised Code, in existence prior to the effective	10163
date of this act shall apply to a person upon whom a court imposed	10164
sentence prior to the effective date of this act for an offense	10165
involving marihuana, cocaine, or hashish. The amendments to	10166
sections 2925.01, 2925.03, 2925.05, and 2925.11 of the Revised	10167
Code, and to division (W) of section 2929.01 of the Revised Code,	10168
that are made in this act do not apply to a person upon whom a	10169
court imposed sentence prior to the effective date of this act for	10170
an offense involving marihuana, cocaine, or hashish.	10171

Section 5. The amendments to sections 926.99, 1333.99,	10172
1707.99, 1716.99, 2909.03, 2909.05, 2909.11, 2913.02, 2913.03,	10173
2913.04, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40,	10174
2913.401, 2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47,	10175
2913.48, 2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31,	10176
2917.32, 2921.13, 2921.41, 2923.31, and 2981.07 of the Revised	10177
Code that are made in this act apply to a person who commits an	10178
offense specified or penalized under those sections on or after	10179
the effective date of this section and to a person to whom	10180
division (B) of section 1.58 of the Revised Code makes the	10181
amendments applicable.	10182

The provisions of sections 926.99, 1333.99, 1707.99, 1716.99,	10183
2909.03, 2909.05, 2909.11, 2913.02, 2913.03, 2913.04, 2913.11,	10184
2913.21, 2913.31, 2913.32, 2913.34, 2913.40, 2913.401, 2913.42,	10185
2913.421, 2913.43, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49,	10186
2913.51, 2913.61, 2915.05, 2917.21, 2917.31, 2917.32, 2921.13,	10187
2921.41, 2923.31, and 2981.07 of the Revised Code in existence	10188
prior to the effective date of this section shall apply to a	10189
person upon whom a court imposed sentence prior to the effective	10190
date of this section for an offense specified or penalized under	10191
those sections. The amendments to sections 926.99, 1333.99,	10192
1707.99, 1716.99, 2909.03, 2909.05, 2909.11, 2913.02, 2913.03,	10193
2913.04, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40,	10194
2913.401, 2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47,	10195
2913.48, 2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31,	10196
2917.32, 2921.13, 2921.41, 2923.31, and 2981.07 of the Revised	10197
Code that are made in this act do not apply to a person who upon	10198
whom a court imposed sentence prior to the effective date of this	10199
section for an offense specified or penalized under those	10200
sections.	10201

Section 6. The report and recommendations of the Council of	10202
State Governments' Justice Reinvestment in Ohio Study shall be	10203
considered for implementation in this act.	10204

Section 7. Section 1716.99 of the Revised Code is presented	10205
in this act as a composite of the section as amended by both Am.	10206
Sub. H.B. 59 and Sub. S.B. 2 of the 123rd General Assembly.	10207
Section 2929.14 of the Revised Code is presented in this act as a	10208
composite of the section as amended by both Am. Sub. H.B. 130 and	10209
Am. Sub. H.B. 280 of the 127th General Assembly. Section 2929.20	10210
of the Revised Code is presented in this act as a composite of the	10211
section as amended by both Am. Sub. H.B. 130 and Sub. S.B. 108 of	10212
the 127th General Assembly. Section 2967.193 of the Revised Code	10213
is presented in this act as a composite of the section as amended	10214
by both Am. Sub. S.B. 269 and Am. Sub. H.B. 180 of the 121st	10215
General Assembly. The General Assembly, applying the principle	10216
stated in division (B) of section 1.52 of the Revised Code that	10217
amendments are to be harmonized if reasonably capable of	10218
simultaneous operation, finds that the composites are the	10219
resulting versions of the sections in effect prior to the	10220
effective date of the sections as presented in this act.	10221