As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 270

Senator Brown 

Cosponsors: Senators Kearney, Tavares 

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A BILL

To amend sections 120.03, 120.06, 120.14, 120.16,

1

120.18, 120.24, 120.26, 120.28, 120.33, 120.34,

2

1901.183, 2152.13, 2152.67, 2301.20, 2307.60,

3

2313.37, 2701.07, 2743.51, 2901.02, 2909.24,

4

2929.02, 2929.13, 2929.14, 2941.021, 2941.14,

5

2941.148, 2941.401, 2941.43, 2941.51, 2945.06,

6

2945.21, 2945.25, 2945.33, 2945.38, 2949.02,

7

2949.03, 2953.02, 2953.07, 2953.08, 2953.09,

8

2953.10, 2953.21, 2953.23, 2953.71, 2953.72,

9

2953.81, 2967.05, 2967.13, 2967.193, 2971.03,

10

2971.07, 5120.113, 5120.61, and 5919.16 and to

11

repeal sections 109.97, 120.35, 2929.021,

12

2929.022, 2929.023, 2929.024, 2929.03, 2929.04,

13

2929.05, 2929.06, 2947.08, 2949.21, 2949.22,

14

2949.24, 2949.25, 2949.26, 2949.27, 2949.28,

15

2949.29, 2949.31, and 2967.08 of the Revised Code

16

to abolish the death penalty and to declare an

17

emergency.

18

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

Section 1. That sections 120.03, 120.06, 120.14, 120.16,	19
120.18, 120.24, 120.26, 120.28, 120.33, 120.34, 1901.183, 2152.13,	20
2152.67, 2301.20, 2307.60, 2313.37, 2701.07, 2743.51, 2901.02,	21
2909.24, 2929.02, 2929.13, 2929.14, 2941.021, 2941.14, 2941.148,	22
2941.401, 2941.43, 2941.51, 2945.06, 2945.21, 2945.25, 2945.33,	23
2945.38, 2949.02, 2949.03, 2953.02, 2953.07, 2953.08, 2953.09,	24
2953.10, 2953.21, 2953.23, 2953.71, 2953.72, 2953.81, 2967.05,	25
2967.13, 2967.193, 2971.03, 2971.07, 5120.113, 5120.61, and	26
5919.16 of the Revised Code be amended to read as follows:	27

Sec. 120.03.  (A) The Ohio public defender commission shall	28
appoint the state public defender, who shall serve at the pleasure	29
of the commission.	30

(B) The Ohio public defender commission shall establish rules	31
for the conduct of the offices of the county and joint county	32
public defenders and for the conduct of county appointed counsel	33
systems in the state. These rules shall include, but are not	34
limited to, the following:	35

(1) Standards of indigency and minimum qualifications for	36
legal representation by a public defender or appointed counsel. In	37
establishing standards of indigency and determining who is	38
eligible for legal representation by a public defender or	39
appointed counsel, the commission shall consider an indigent	40
person to be an individual who at the time histhe person's need	41
is determined is unable to provide for the payment of an attorney	42
and all other necessary expenses of representation. Release on	43
bail shall not prevent a person from being determined to be	44
indigent.	45

(2) Standards for the hiring of outside counsel;

46

(3) Standards for contracts by a public defender with law	47
schools, legal aid societies, and nonprofit organizations for	48
providing counsel;	49

(4) Standards for the qualifications, training, and size of	50
the legal and supporting staff for a public defender, facilities,	51
and other requirements needed to maintain and operate an office of	52
a public defender;	53

(5) Minimum caseload standards;

54

(6) Procedures for the assessment and collection of the costs	55
of legal representation that is provided by public defenders or	56
appointed counsel;	57

(7) Standards and guidelines for determining whether a client	58
is able to make an up-front contribution toward the cost of his	59
the client's legal representation;	60

(8) Procedures for the collection of up-front contributions	61
from clients who are able to contribute toward the cost of their	62
legal representation, as determined pursuant to the standards and	63
guidelines developed under division (B)(7) of this section. All of	64
such up-front contributions shall be paid into the appropriate	65
county fund.	66

(9) Standards for contracts between a board of county	67
commissioners, a county public defender commission, or a joint	68
county public defender commission and a municipal corporation for	69
the legal representation of indigent persons charged with	70
violations of the ordinances of the municipal corporation.	71

(C) The Ohio public defender commission shall adopt rules	72
prescribing minimum qualifications of counsel appointed pursuant	73
to this chapter or appointed by the courts. Without limiting its	74
general authority to prescribe different qualifications for	75
different categories of appointed counsel, the commission shall	76
prescribe, by rule, special qualifications for counsel and	77
co-counsel appointed in capital cases.	78

(D) In administering the office of the Ohio public defender	79
commission:	80

(1) The commission shall do the following:

81

(a) Approve an annual operating budget;

82

(b) Make an annual report to the governor, the general	83
assembly, and the supreme court of Ohio on the operation of the	84
state public defender's office, the county appointed counsel	85
systems, and the county and joint county public defenders'	86
offices.	87

(2) The commission may do the following:

88

(a) Accept the services of volunteer workers and consultants	89
at no compensation other than reimbursement of actual and	90
necessary expenses;	91

(b) Prepare and publish statistical and case studies and	92
other data pertinent to the legal representation of indigent	93
persons;	94

(c) Conduct programs having a general objective of training	95
and educating attorneys and others in the legal representation of	96
indigent persons.	97

(E) There is hereby established in the state treasury the	98
public defender training fund for the deposit of fees received by	99
the Ohio public defender commission from educational seminars, and	100
the sale of publications, on topics concerning criminal law and	101
procedure. Expenditures from this fund shall be made only for the	102
operation of activities authorized by division (D)(2)(c) of this	103
section.	104

(F)(1) In accordance with sections 109.02, 109.07, and	105
109.361 to 109.366 of the Revised Code, but subject to division	106
(E) of section 120.06 of the Revised Code, the attorney general	107
shall represent or provide for the representation of the Ohio	108
public defender commission, the state public defender, assistant	109
state public defenders, and other employees of the commission or	110
the state public defender.	111

(2) Subject to division (E) of section 120.06 of the Revised	112
Code, the attorney general shall represent or provide for the	113
representation of attorneys described in division (C) of section	114
120.41 of the Revised Code in malpractice or other civil actions	115
or proceedings that arise from alleged actions or omissions	116
related to responsibilities derived pursuant to this chapter, or	117
in civil actions that are based upon alleged violations of the	118
constitution or statutes of the United States, including section	119
1983 of Title 42 of the United States Code, 93 Stat. 1284 (1979),	120
42 U.S.C.A. 1983, as amended, and that arise from alleged actions	121
or omissions related to responsibilities derived pursuant to this	122
chapter. For purposes of the representation, sections 109.361 to	123
109.366 of the Revised Code shall apply to an attorney described	124
in division (C) of section 120.41 of the Revised Code as if hethe	125
attorney were an officer or employee, as defined in section 109.36	126
of the Revised Code, and the Ohio public defender commission or	127
the state public defender, whichever contracted with the attorney,	128
shall be considered histhe attorney's employer.	129

Sec. 120.06.  (A)(1) The state public defender, when	130
designated by the court or requested by a county public defender	131
or joint county public defender, may provide legal representation	132
in all courts throughout the state to indigent adults and	133
juveniles who are charged with the commission of an offense or act	134
for which the penalty or any possible adjudication includes the	135
potential loss of liberty.	136

(2) The state public defender may provide legal	137
representation to any indigent person who, while incarcerated in	138
any state correctional institution, is charged with a felony	139
offense, for which the penalty or any possible adjudication that	140
may be imposed by a court upon conviction includes the potential	141
loss of liberty.	142

(3) The state public defender may provide legal	143
representation to any person incarcerated in any correctional	144
institution of the state, in any matter in which the person	145
asserts the person is unlawfully imprisoned or detained.	146

(4) The state public defender, in any case in which the state	147
public defender has provided legal representation or is requested	148
to do so by a county public defender or joint county public	149
defender, may provide legal representation on appeal.	150

(5) The state public defender, when designated by the court	151
or requested by a county public defender, joint county public	152
defender, or the director of rehabilitation and correction, shall	153
provide legal representation in parole and probation revocation	154
matters or matters relating to the revocation of community control	155
or post-release control under a community control sanction or	156
post-release control sanction, unless the state public defender	157
finds that the alleged parole or probation violator or alleged	158
violator of a community control sanction or post-release control	159
sanction has the financial capacity to retain the alleged	160
violator's own counsel.	161

(6) If the state public defender contracts with a county	162
public defender commission, a joint county public defender	163
commission, or a board of county commissioners for the provision	164
of services, under authority of division (C)(7) of section 120.04	165
of the Revised Code, the state public defender shall provide legal	166
representation in accordance with the contract.	167

(B) The state public defender shall not be required to	168
prosecute any appeal, postconviction remedy, or other proceeding	169
pursuant to division (A)(3), (4), or (5) of this section, unless	170
the state public defender first is satisfied that there is	171
arguable merit to the proceeding.	172

(C) A court may appoint counsel or allow an indigent person	173
to select the indigent's own personal counsel to assist the state	174
public defender as co-counsel when the interests of justice so	175
require. When co-counsel is appointed to assist the state public	176
defender, the co-counsel shall receive any compensation that the	177
court may approve, not to exceed the amounts provided for in	178
section 2941.51 of the Revised Code.	179

(D)(1) When the state public defender is designated by the	180
court or requested by a county public defender or joint county	181
public defender to provide legal representation for an indigent	182
person in any case, other than pursuant to a contract entered into	183
under authority of division (C)(7) of section 120.04 of the	184
Revised Code, the state public defender shall send to the county	185
in which the case is filed a bill detailing the actual cost of the	186
representation that separately itemizes legal fees and expenses.	187
The county, upon receipt of an itemized bill from the state public	188
defender pursuant to this division, shall pay the state public	189
defender each of the following amounts:	190

(a) For the amount identified as legal fees in the itemized	191
bill, one hundred per cent of the amount identified as legal fees	192
less the state reimbursement rate as calculated by the state	193
public defender pursuant to section 120.34 of the Revised Code for	194
the month the case terminated, as set forth in the itemized bill;	195

(b) For the amount identified as expenses in the itemized	196
bill, one hundred per cent.	197

(2) Upon payment of the itemized bill under division (D)(1)	198
of this section, the county may submit the cost of the expenses,	199
excluding legal fees, to the state public defender for	200
reimbursement pursuant to section 120.33 of the Revised Code.	201

(3) When the state public defender provides investigation or	202
mitigation services to private appointed counsel or to a county or	203
joint county public defender as approved by the appointing court,	204
other than pursuant to a contract entered into under authority of	205
division (C)(7) of section 120.04 of the Revised Code, the state	206
public defender shall send to the county in which the case is	207
filed a bill itemizing the actual cost of the services provided.	208
The county, upon receipt of an itemized bill from the state public	209
defender pursuant to this division, shall pay one hundred per cent	210
of the amount as set forth in the itemized bill. Upon payment of	211
the itemized bill received pursuant to this division, the county	212
may submit the cost of the investigation and mitigation services	213
to the state public defender for reimbursement pursuant to section	214
120.33 of the Revised Code.	215

(4) There is hereby created in the state treasury the county	216
representation fund for the deposit of moneys received from	217
counties under this division. All moneys credited to the fund	218
shall be used by the state public defender to provide legal	219
representation for indigent persons when designated by the court	220
or requested by a county or joint county public defender or to	221
provide investigation or mitigation services, including	222
investigation or mitigation services to private appointed counsel	223
or a county or joint county public defender, as approved by the	224
court.	225

(E)(1) Notwithstanding any contrary provision of sections	226
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code	227
that pertains to representation by the attorney general, an	228
assistant attorney general, or special counsel of an officer or	229
employee, as defined in section 109.36 of the Revised Code, or of	230
an entity of state government, the state public defender may elect	231
to contract with, and to have the state pay pursuant to division	232
(E)(2) of this section for the services of, private legal counsel	233
to represent the Ohio public defender commission, the state public	234
defender, assistant state public defenders, other employees of the	235
commission or the state public defender, and attorneys described	236
in division (C) of section 120.41 of the Revised Code in a	237
malpractice or other civil action or proceeding that arises from	238
alleged actions or omissions related to responsibilities derived	239
pursuant to this chapter, or in a civil action that is based upon	240
alleged violations of the constitution or statutes of the United	241
States, including section 1983 of Title 42 of the United States	242
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that	243
arises from alleged actions or omissions related to	244
responsibilities derived pursuant to this chapter, if the state	245
public defender determines, in good faith, that the defendant in	246
the civil action or proceeding did not act manifestly outside the	247
scope of the defendant's employment or official responsibilities,	248
with malicious purpose, in bad faith, or in a wanton or reckless	249
manner. If the state public defender elects not to contract	250
pursuant to this division for private legal counsel in a civil	251
action or proceeding, then, in accordance with sections 109.02,	252
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the	253
attorney general shall represent or provide for the representation	254
of the Ohio public defender commission, the state public defender,	255
assistant state public defenders, other employees of the	256
commission or the state public defender, or attorneys described in	257
division (C) of section 120.41 of the Revised Code in the civil	258
action or proceeding.	259

(2)(a) Subject to division (E)(2)(b) of this section, payment	260
from the state treasury for the services of private legal counsel	261
with whom the state public defender has contracted pursuant to	262
division (E)(1) of this section shall be accomplished only through	263
the following procedure:	264

(i) The private legal counsel shall file with the attorney	265
general a copy of the contract; a request for an award of legal	266
fees, court costs, and expenses earned or incurred in connection	267
with the defense of the Ohio public defender commission, the state	268
public defender, an assistant state public defender, an employee,	269
or an attorney in a specified civil action or proceeding; a	270
written itemization of those fees, costs, and expenses, including	271
the signature of the state public defender and the state public	272
defender's attestation that the fees, costs, and expenses were	273
earned or incurred pursuant to division (E)(1) of this section to	274
the best of the state public defender's knowledge and information;	275
a written statement whether the fees, costs, and expenses are for	276
all legal services to be rendered in connection with that defense,	277
are only for legal services rendered to the date of the request	278
and additional legal services likely will have to be provided in	279
connection with that defense, or are for the final legal services	280
rendered in connection with that defense; a written statement	281
indicating whether the private legal counsel previously submitted	282
a request for an award under division (E)(2) of this section in	283
connection with that defense and, if so, the date and the amount	284
of each award granted; and, if the fees, costs, and expenses are	285
for all legal services to be rendered in connection with that	286
defense or are for the final legal services rendered in connection	287
with that defense, a certified copy of any judgment entry in the	288
civil action or proceeding or a signed copy of any settlement	289
agreement entered into between the parties to the civil action or	290
proceeding.	291

(ii) Upon receipt of a request for an award of legal fees,	292
court costs, and expenses and the requisite supportive	293
documentation described in division (E)(2)(a)(i) of this section,	294
the attorney general shall review the request and documentation;	295
determine whether any of the limitations specified in division	296
(E)(2)(b) of this section apply to the request; and, if an award	297
of legal fees, court costs, or expenses is permissible after	298
applying the limitations, prepare a document awarding legal fees,	299
court costs, or expenses to the private legal counsel. The	300
document shall name the private legal counsel as the recipient of	301
the award; specify the total amount of the award as determined by	302
the attorney general; itemize the portions of the award that	303
represent legal fees, court costs, and expenses; specify any	304
limitation applied pursuant to division (E)(2)(b) of this section	305
to reduce the amount of the award sought by the private legal	306
counsel; state that the award is payable from the state treasury	307
pursuant to division (E)(2)(a)(iii) of this section; and be	308
approved by the inclusion of the signatures of the attorney	309
general, the state public defender, and the private legal counsel.	310

(iii) The attorney general shall forward a copy of the	311
document prepared pursuant to division (E)(2)(a)(ii) of this	312
section to the director of budget and management. The award of	313
legal fees, court costs, or expenses shall be paid out of the	314
state public defender's appropriations, to the extent there is a	315
sufficient available balance in those appropriations. If the state	316
public defender does not have a sufficient available balance in	317
the state public defender's appropriations to pay the entire award	318
of legal fees, court costs, or expenses, the director shall make	319
application for a transfer of appropriations out of the emergency	320
purposes account or any other appropriation for emergencies or	321
contingencies in an amount equal to the portion of the award that	322
exceeds the sufficient available balance in the state public	323
defender's appropriations. A transfer of appropriations out of the	324
emergency purposes account or any other appropriation for	325
emergencies or contingencies shall be authorized if there are	326
sufficient moneys greater than the sum total of then pending	327
emergency purposes account requests, or requests for releases from	328
the other appropriation. If a transfer of appropriations out of	329
the emergency purposes account or other appropriation for	330
emergencies or contingencies is made to pay an amount equal to the	331
portion of the award that exceeds the sufficient available balance	332
in the state public defender's appropriations, the director shall	333
cause the payment to be made to the private legal counsel. If	334
sufficient moneys do not exist in the emergency purposes account	335
or other appropriation for emergencies or contingencies to pay an	336
amount equal to the portion of the award that exceeds the	337
sufficient available balance in the state public defender's	338
appropriations, the private legal counsel shall request the	339
general assembly to make an appropriation sufficient to pay an	340
amount equal to the portion of the award that exceeds the	341
sufficient available balance in the state public defender's	342
appropriations, and no payment in that amount shall be made until	343
the appropriation has been made. The private legal counsel shall	344
make the request during the current biennium and during each	345
succeeding biennium until a sufficient appropriation is made.	346

(b) An award of legal fees, court costs, and expenses	347
pursuant to division (E) of this section is subject to the	348
following limitations:	349

(i) The maximum award or maximum aggregate of a series of	350
awards of legal fees, court costs, and expenses to the private	351
legal counsel in connection with the defense of the Ohio public	352
defender commission, the state public defender, an assistant state	353
public defender, an employee, or an attorney in a specified civil	354
action or proceeding shall not exceed fifty thousand dollars.	355

(ii) The private legal counsel shall not be awarded legal	356
fees, court costs, or expenses to the extent the fees, costs, or	357
expenses are covered by a policy of malpractice or other	358
insurance.	359

(iii) The private legal counsel shall be awarded legal fees	360
and expenses only to the extent that the fees and expenses are	361
reasonable in light of the legal services rendered by the private	362
legal counsel in connection with the defense of the Ohio public	363
defender commission, the state public defender, an assistant state	364
public defender, an employee, or an attorney in a specified civil	365
action or proceeding.	366

(c) If, pursuant to division (E)(2)(a) of this section, the	367
attorney general denies a request for an award of legal fees,	368
court costs, or expenses to private legal counsel because of the	369
application of a limitation specified in division (E)(2)(b) of	370
this section, the attorney general shall notify the private legal	371
counsel in writing of the denial and of the limitation applied.	372

(d) If, pursuant to division (E)(2)(c) of this section, a	373
private legal counsel receives a denial of an award notification	374
or if a private legal counsel refuses to approve a document under	375
division (E)(2)(a)(ii) of this section because of the proposed	376
application of a limitation specified in division (E)(2)(b) of	377
this section, the private legal counsel may commence a civil	378
action against the attorney general in the court of claims to	379
prove the private legal counsel's entitlement to the award sought,	380
to prove that division (E)(2)(b) of this section does not prohibit	381
or otherwise limit the award sought, and to recover a judgment for	382
the amount of the award sought. A civil action under division	383
(E)(2)(d) of this section shall be commenced no later than two	384
years after receipt of a denial of award notification or, if the	385
private legal counsel refused to approve a document under division	386
(E)(2)(a)(ii) of this section because of the proposed application	387
of a limitation specified in division (E)(2)(b) of this section,	388
no later than two years after the refusal. Any judgment of the	389
court of claims in favor of the private legal counsel shall be	390
paid from the state treasury in accordance with division (E)(2)(a)	391
of this section.	392

(F) If a court appoints the office of the state public	393
defender to represent a petitioner in a postconviction relief	394
proceeding under section 2953.21 of the Revised Code, the	395
petitioner has received a sentence of death, and the proceeding	396
relates to that sentence, all of the attorneys who represent the	397
petitioner in the proceeding pursuant to the appointment, whether	398
an assistant state public defender, the state public defender, or	399
another attorney, shall be certified under Rule 20 of the Rules of	400
Superintendence for the Courts of Ohio to represent indigent	401
defendants charged with or convicted of an offense for which the	402
death penalty can be or has been imposed.	403

(G) As used in this section:

404

(1) "Community control sanction" has the same meaning as in	405
section 2929.01 of the Revised Code.	406

(2) "Post-release control sanction" has the same meaning as	407
in section 2967.01 of the Revised Code.	408

Sec. 120.14.  (A)(1) Except as provided in division (A)(2) of	409
this section, the county public defender commission shall appoint	410
the county public defender and may remove himthe county public	411
defender from office only for good cause.	412

(2) If a county public defender commission contracts with the	413
state public defender or with one or more nonprofit organizations	414
for the state public defender or the organizations to provide all	415
of the services that the county public defender is required or	416
permitted to provide by this chapter, the commission shall not	417
appoint a county public defender.	418

(B) The commission shall determine the qualifications and	419
size of the supporting staff and facilities and other requirements	420
needed to maintain and operate the office of the county public	421
defender.	422

(C) In administering the office of county public defender,	423
the commission shall:	424

(1) Recommend to the county commissioners an annual operating	425
budget which is subject to the review, amendment, and approval of	426
the board of county commissioners;	427

(2)(a) Make an annual report to the county commissioners and	428
the Ohio public defender commission on the operation of the county	429
public defender's office, including complete and detailed	430
information on finances and costs that separately states costs and	431
expenses that are reimbursable under section 120.35 of the Revised	432
Code, and any other data and information requested by the state	433
public defender;	434

(b) Make monthly reports relating to reimbursement and	435
associated case data pursuant to the rules of the Ohio public	436
defender commission to the board of county commissioners and the	437
Ohio public defender commission on the total costs of the public	438
defender's office.	439

(3) Cooperate with the Ohio public defender commission in	440
maintaining the standards established by rules of the Ohio public	441
defender commission pursuant to divisions (B) and (C) of section	442
120.03 of the Revised Code, and cooperate with the state public	443
defender in histhe state public defender's programs providing	444
technical aid and assistance to county systems.	445

(D) The commission may accept the services of volunteer	446
workers and consultants at no compensation except reimbursement	447
for actual and necessary expenses.	448

(E) The commission may contract with any municipal	449
corporation, within the county served by the county public	450
defender, for the county public defender to provide legal	451
representation for indigent persons who are charged with a	452
violation of the ordinances of the municipal corporation.	453

(F) A county public defender commission, with the approval of	454
the board of county commissioners regarding all provisions that	455
pertain to the financing of defense counsel for indigent persons,	456
may contract with the state public defender or with any nonprofit	457
organization, the primary purpose of which is to provide legal	458
representation to indigent persons, for the state public defender	459
or the organization to provide all or any part of the services	460
that a county public defender is required or permitted to provide	461
by this chapter. A contract entered into pursuant to this division	462
may provide for payment for the services provided on a per case,	463
hourly, or fixed contract basis. The state public defender and any	464
nonprofit organization that contracts with a county public	465
defender commission pursuant to this division shall do all of the	466
following:	467

(1) Comply with all standards established by the rules of the	468
Ohio public defender commission;	469

(2) Comply with all standards established by the state public	470
defender;	471

(3) Comply with all statutory duties and other laws	472
applicable to county public defenders.	473

Sec. 120.16.  (A)(1) The county public defender shall provide	474
legal representation to indigent adults and juveniles who are	475
charged with the commission of an offense or act that is a	476
violation of a state statute and for which the penalty or any	477
possible adjudication includes the potential loss of liberty and	478
in postconviction proceedings as defined in this section.	479

(2) The county public defender may provide legal	480
representation to indigent adults and juveniles charged with the	481
violation of an ordinance of a municipal corporation for which the	482
penalty or any possible adjudication includes the potential loss	483
of liberty, if the county public defender commission has	484
contracted with the municipal corporation to provide legal	485
representation for indigent persons charged with a violation of an	486
ordinance of the municipal corporation.	487

(B) The county public defender shall provide the legal	488
representation authorized by division (A) of this section at every	489
stage of the proceedings following arrest, detention, service of	490
summons, or indictment.	491

(C) The county public defender may request the state public	492
defender to prosecute any appeal or other remedy before or after	493
conviction that the county public defender decides is in the	494
interests of justice, and may provide legal representation in	495
parole and probation revocation matters and matters relating to	496
the revocation of community control or post-release control under	497
a community control sanction or post-release control sanction.	498

(D) The county public defender shall not be required to	499
prosecute any appeal, postconviction remedy, or other proceeding,	500
unless the county public defender is first satisfied there is	501
arguable merit to the proceeding.	502

(E) Nothing in this section shall prevent a court from	503
appointing counsel other than the county public defender or from	504
allowing an indigent person to select the indigent person's own	505
personal counsel to represent the indigent person. A court may	506
also appoint counsel or allow an indigent person to select the	507
indigent person's own personal counsel to assist the county public	508
defender as co-counsel when the interests of justice so require.	509

(F) Information as to the right to legal representation by	510
the county public defender or assigned counsel shall be afforded	511
to an accused person immediately upon arrest, when brought before	512
a magistrate, or when formally charged, whichever occurs first.	513

(G) If a court appoints the office of the county public	514
defender to represent a petitioner in a postconviction relief	515
proceeding under section 2953.21 of the Revised Code, the	516
petitioner has received a sentence of death, and the proceeding	517
relates to that sentence, all of the attorneys who represent the	518
petitioner in the proceeding pursuant to the appointment, whether	519
an assistant county public defender or the county public defender,	520
shall be certified under Rule 20 of the Rules of Superintendence	521
for the Courts of Ohio to represent indigent defendants charged	522
with or convicted of an offense for which the death penalty can be	523
or has been imposed.	524

(H) As used in this section:

525

(1) "Community control sanction" has the same meaning as in	526
section 2929.01 of the Revised Code.	527

(2) "Post-release control sanction" has the same meaning as	528
in section 2967.01 of the Revised Code.	529

Sec. 120.18.  (A) The county public defender commission's	530
report to the board of county commissioners shall be audited by	531
the county auditor. The board of county commissioners, after	532
review and approval of the audited report, may then certify it to	533
the state public defender for reimbursement. If a request for the	534
reimbursement of any operating expenditure incurred by a county	535
public defender office is not received by the state public	536
defender within sixty days after the end of the calendar month in	537
which the expenditure is incurred, the state public defender shall	538
not pay the requested reimbursement, unless the county has	539
requested, and the state public defender has granted, an extension	540
of the sixty-day time limit. Each request for reimbursement shall	541
include a certification by the county public defender that the	542
persons provided representation by the county public defender's	543
office during the period covered by the report were indigent and,	544
for each person provided representation during that period, a	545
financial disclosure form completed by the person on a form	546
prescribed by the state public defender. The state public defender	547
shall also review the report and, in accordance with the	548
standards, guidelines, and maximums established pursuant to	549
divisions (B)(7) and (8) of section 120.04 of the Revised Code,	550
prepare a voucher for fifty per cent of the total cost of each	551
county public defender's office for the period of time covered by	552
the certified report and a voucher for fifty per cent of the costs	553
and expenses that are reimbursable under section 120.35 of the	554
Revised Code, if any, or, if the amount of money appropriated by	555
the general assembly to reimburse counties for the operation of	556
county public defender offices, joint county public defender	557
offices, and county appointed counsel systems is not sufficient to	558
pay fifty per cent of the total cost of all of the offices and	559
systems, for the lesser amount required by section 120.34 of the	560
Revised Code. For the purposes of this section, "total cost" means	561
total expenses minus costs and expenses reimbursable under section	562
120.35 of the Revised Code and any funds received by the county	563
public defender commission pursuant to a contract, except a	564
contract entered into with a municipal corporation pursuant to	565
division (E) of section 120.14 of the Revised Code, gift, or	566
grant.	567

(B) If the county public defender fails to maintain the	568
standards for the conduct of the office established by rules of	569
the Ohio public defender commission pursuant to divisions (B) and	570
(C) of section 120.03 or the standards established by the state	571
public defender pursuant to division (B)(7) of section 120.04 of	572
the Revised Code, the Ohio public defender commission shall notify	573
the county public defender commission and the board of county	574
commissioners of the county that the county public defender has	575
failed to comply with its rules or the standards of the state	576
public defender. Unless the county public defender commission or	577
the county public defender corrects the conduct of the county	578
public defender's office to comply with the rules and standards	579
within ninety days after the date of the notice, the state public	580
defender may deny payment of all or part of the county's	581
reimbursement from the state provided for in division (A) of this	582
section.	583

Sec. 120.24.  (A)(1) Except as provided in division (A)(2) of	584
this section, the joint county public defender commission shall	585
appoint the joint county public defender and may remove himthe	586
joint county public defender from office only for good cause.	587

(2) If a joint county public defender commission contracts	588
with the state public defender or with one or more nonprofit	589
organizations for the state public defender or the organizations	590
to provide all of the services that the joint county public	591
defender is required or permitted to provide by this chapter, the	592
commission shall not appoint a joint county public defender.	593

(B) The commission shall determine the qualifications and	594
size of the supporting staff and facilities and other requirements	595
needed to maintain and operate the office.	596

(C) In administering the office of joint county public	597
defender, the commission shall:	598

(1) Recommend to the boards of county commissioners in the	599
district an annual operating budget which is subject to the	600
review, amendment, and approval of the boards of county	601
commissioners in the district;	602

(2)(a) Make an annual report to the boards of county	603
commissioners in the district and the Ohio public defender	604
commission on the operation of the public defender's office,	605
including complete and detailed information on finances and costs	606
that separately states costs and expenses that are reimbursable	607
under section 120.35 of the Revised Code, and such other data and	608
information requested by the state public defender;	609

(b) Make monthly reports relating to reimbursement and	610
associated case data pursuant to the rules of the Ohio public	611
defender commission to the boards of county commissioners in the	612
district and the Ohio public defender commission on the total	613
costs of the public defender's office.	614

(3) Cooperate with the Ohio public defender commission in	615
maintaining the standards established by rules of the Ohio public	616
defender commission pursuant to divisions (B) and (C) of section	617
120.03 of the Revised Code, and cooperate with the state public	618
defender in histhe state public defender's programs providing	619
technical aid and assistance to county systems.	620

(D) The commission may accept the services of volunteer	621
workers and consultants at no compensation except reimbursement	622
for actual and necessary expenses.	623

(E) The commission may contract with any municipal	624
corporation, within the counties served by the joint county public	625
defender, for the joint county public defender to provide legal	626
representation for indigent persons who are charged with a	627
violation of the ordinances of the municipal corporation.	628

(F) A joint county public defender commission, with the	629
approval of each participating board of county commissioners	630
regarding all provisions that pertain to the financing of defense	631
counsel for indigent persons, may contract with the state public	632
defender or with any nonprofit organization, the primary purpose	633
of which is to provide legal representation to indigent persons,	634
for the state public defender or the organization to provide all	635
or any part of the services that a joint county public defender is	636
required or permitted to provide by this chapter. A contract	637
entered into pursuant to this division may provide for payment for	638
the services provided on a per case, hourly, or fixed contract	639
basis. The state public defender and any nonprofit organization	640
that contracts with a joint county public defender commission	641
pursuant to this division shall do all of the following:	642

(1) Comply with all standards established by the rules of the	643
Ohio public defender commission;	644

(2) Comply with all standards established by the Ohio public	645
defender;	646

(3) Comply with all statutory duties and other laws	647
applicable to joint county public defenders.	648

Sec. 120.26.  (A)(1) The joint county public defender shall	649
provide legal representation to indigent adults and juveniles who	650
are charged with the commission of an offense or act that is a	651
violation of a state statute and for which the penalty or any	652
possible adjudication includes the potential loss of liberty and	653
in postconviction proceedings as defined in this section.	654

(2) The joint county public defender may provide legal	655
representation to indigent adults and juveniles charged with the	656
violation of an ordinance of a municipal corporation for which the	657
penalty or any possible adjudication includes the potential loss	658
of liberty, if the joint county public defender commission has	659
contracted with the municipal corporation to provide legal	660
representation for indigent persons charged with a violation of an	661
ordinance of the municipal corporation.	662

(B) The joint county public defender shall provide the legal	663
representation authorized by division (A) of this section at every	664
stage of the proceedings following arrest, detention, service of	665
summons, or indictment.	666

(C) The joint county public defender may request the Ohio	667
public defender to prosecute any appeal or other remedy before or	668
after conviction that the joint county public defender decides is	669
in the interests of justice and may provide legal representation	670
in parole and probation revocation matters and matters relating to	671
the revocation of community control or post-release control under	672
a community control sanction or post-release control sanction.	673

(D) The joint county public defender shall not be required to	674
prosecute any appeal, postconviction remedy, or other proceeding,	675
unless the joint county public defender is first satisfied that	676
there is arguable merit to the proceeding.	677

(E) Nothing in this section shall prevent a court from	678
appointing counsel other than the joint county public defender or	679
from allowing an indigent person to select the indigent person's	680
own personal counsel to represent the indigent person. A court may	681
also appoint counsel or allow an indigent person to select the	682
indigent person's own personal counsel to assist the joint county	683
public defender as co-counsel when the interests of justice so	684
require.	685

(F) Information as to the right to legal representation by	686
the joint county public defender or assigned counsel shall be	687
afforded to an accused person immediately upon arrest, when	688
brought before a magistrate, or when formally charged, whichever	689
occurs first.	690

(G) If a court appoints the office of the joint county public	691
defender to represent a petitioner in a postconviction relief	692
proceeding under section 2953.21 of the Revised Code, the	693
petitioner has received a sentence of death, and the proceeding	694
relates to that sentence, all of the attorneys who represent the	695
petitioner in the proceeding pursuant to the appointment, whether	696
an assistant joint county defender or the joint county public	697
defender, shall be certified under Rule 20 of the Rules of	698
Superintendence for the Courts of Ohio to represent indigent	699
defendants charged with or convicted of an offense for which the	700
death penalty can be or has been imposed.	701

(H) As used in this section:

702

(1) "Community control sanction" has the same meaning as in	703
section 2929.01 of the Revised Code.	704

(2) "Post-release control sanction" has the same meaning as	705
in section 2967.01 of the Revised Code.	706

Sec. 120.28.  (A) The joint county public defender	707
commission's report to the joint board of county commissioners	708
shall be audited by the fiscal officer of the district. The joint	709
board of county commissioners, after review and approval of the	710
audited report, may then certify it to the state public defender	711
for reimbursement. If a request for the reimbursement of any	712
operating expenditure incurred by a joint county public defender	713
office is not received by the state public defender within sixty	714
days after the end of the calendar month in which the expenditure	715
is incurred, the state public defender shall not pay the requested	716
reimbursement, unless the joint board of county commissioners has	717
requested, and the state public defender has granted, an extension	718
of the sixty-day time limit. Each request for reimbursement shall	719
include a certification by the joint county public defender that	720
all persons provided representation by the joint county public	721
defender's office during the period covered by the request were	722
indigent and, for each person provided representation during that	723
period, a financial disclosure form completed by the person on a	724
form prescribed by the state public defender. The state public	725
defender shall also review the report and, in accordance with the	726
standards, guidelines, and maximums established pursuant to	727
divisions (B)(7) and (8) of section 120.04 of the Revised Code,	728
prepare a voucher for fifty per cent of the total cost of each	729
joint county public defender's office for the period of time	730
covered by the certified report and a voucher for fifty per cent	731
of the costs and expenses that are reimbursable under section	732
120.35 of the Revised Code, if any, or, if the amount of money	733
appropriated by the general assembly to reimburse counties for the	734
operation of county public defender offices, joint county public	735
defender offices, and county appointed counsel systems is not	736
sufficient to pay fifty per cent of the total cost of all of the	737
offices and systems, for the lesser amount required by section	738
120.34 of the Revised Code. For purposes of this section, "total	739
cost" means total expenses minus costs and expenses reimbursable	740
under section 120.35 of the Revised Code and any funds received by	741
the joint county public defender commission pursuant to a	742
contract, except a contract entered into with a municipal	743
corporation pursuant to division (E) of section 120.24 of the	744
Revised Code, gift, or grant. Each county in the district shall be	745
entitled to a share of such state reimbursement in proportion to	746
the percentage of the total cost it has agreed to pay.	747

(B) If the joint county public defender fails to maintain the	748
standards for the conduct of the office established by the rules	749
of the Ohio public defender commission pursuant to divisions (B)	750
and (C) of section 120.03 or the standards established by the	751
state public defender pursuant to division (B)(7) of section	752
120.04 of the Revised Code, the Ohio public defender commission	753
shall notify the joint county public defender commission and the	754
board of county commissioners of each county in the district that	755
the joint county public defender has failed to comply with its	756
rules or the standards of the state public defender. Unless the	757
joint public defender commission or the joint county public	758
defender corrects the conduct of the joint county public	759
defender's office to comply with the rules and standards within	760
ninety days after the date of the notice, the state public	761
defender may deny all or part of the counties' reimbursement from	762
the state provided for in division (A) of this section.	763

Sec. 120.33.  (A) In lieu of using a county public defender	764
or joint county public defender to represent indigent persons in	765
the proceedings set forth in division (A) of section 120.16 of the	766
Revised Code, the board of county commissioners of any county may	767
adopt a resolution to pay counsel who are either personally	768
selected by the indigent person or appointed by the court. The	769
resolution shall include those provisions the board of county	770
commissioners considers necessary to provide effective	771
representation of indigent persons in any proceeding for which	772
counsel is provided under this section. The resolution shall	773
include provisions for contracts with any municipal corporation	774
under which the municipal corporation shall reimburse the county	775
for counsel appointed to represent indigent persons charged with	776
violations of the ordinances of the municipal corporation.	777

(1) In a county that adopts a resolution to pay counsel, an	778
indigent person shall have the right to do either of the	779
following:	780

(a) To select the person's own personal counsel to represent	781
the person in any proceeding included within the provisions of the	782
resolution;	783

(b) To request the court to appoint counsel to represent the	784
person in such a proceeding.	785

(2) The court having jurisdiction over the proceeding in a	786
county that adopts a resolution to pay counsel shall, after	787
determining that the person is indigent and entitled to legal	788
representation under this section, do either of the following:	789

(a) By signed journal entry recorded on its docket, enter the	790
name of the lawyer selected by the indigent person as counsel of	791
record;	792

(b) Appoint counsel for the indigent person if the person has	793
requested the court to appoint counsel and, by signed journal	794
entry recorded on its dockets, enter the name of the lawyer	795
appointed for the indigent person as counsel of record.	796

(3) The board of county commissioners shall establish a	797
schedule of fees by case or on an hourly basis to be paid to	798
counsel for legal services provided pursuant to a resolution	799
adopted under this section. Prior to establishing the schedule,	800
the board of county commissioners shall request the bar	801
association or associations of the county to submit a proposed	802
schedule. The schedule submitted shall be subject to the review,	803
amendment, and approval of the board of county commissioners.	804

(4) Counsel selected by the indigent person or appointed by	805
the court at the request of an indigent person in a county that	806
adopts a resolution to pay counsel, except for counsel appointed	807
to represent a person charged with any violation of an ordinance	808
of a municipal corporation that has not contracted with the county	809
commissioners for the payment of appointed counsel, shall be paid	810
by the county and shall receive the compensation and expenses the	811
court approves. Each request for payment shall be accompanied by a	812
financial disclosure form and an affidavit of indigency that are	813
completed by the indigent person on forms prescribed by the state	814
public defender. Compensation and expenses shall not exceed the	815
amounts fixed by the board of county commissioners in the schedule	816
adopted pursuant to division (A)(3) of this section. No court	817
shall approve compensation and expenses that exceed the amount	818
fixed pursuant to division (A)(3) of this section.	819

The fees and expenses approved by the court shall not be	820
taxed as part of the costs and shall be paid by the county.	821
However, if the person represented has, or may reasonably be	822
expected to have, the means to meet some part of the cost of the	823
services rendered to the person, the person shall pay the county	824
an amount that the person reasonably can be expected to pay.	825
Pursuant to section 120.04 of the Revised Code, the county shall	826
pay to the state public defender a percentage of the payment	827
received from the person in an amount proportionate to the	828
percentage of the costs of the person's case that were paid to the	829
county by the state public defender pursuant to this section. The	830
money paid to the state public defender shall be credited to the	831
client payment fund created pursuant to division (B)(5) of section	832
120.04 of the Revised Code.	833

The county auditor shall draw a warrant on the county	834
treasurer for the payment of counsel in the amount fixed by the	835
court, plus the expenses the court fixes and certifies to the	836
auditor. The county auditor shall report periodically, but not	837
less than annually, to the board of county commissioners and to	838
the state public defender the amounts paid out pursuant to the	839
approval of the court. The board of county commissioners, after	840
review and approval of the auditor's report, or the county	841
auditor, with permission from and notice to the board of county	842
commissioners, may then certify it to the state public defender	843
for reimbursement. The state public defender may pay a requested	844
reimbursement only if the request for reimbursement is accompanied	845
by a financial disclosure form and an affidavit of indigency	846
completed by the indigent person on forms prescribed by the state	847
public defender or if the court certifies by electronic signature	848
as prescribed by the state public defender that a financial	849
disclosure form and affidavit of indigency have been completed by	850
the indigent person and are available for inspection. If a request	851
for the reimbursement of the cost of counsel in any case is not	852
received by the state public defender within ninety days after the	853
end of the calendar month in which the case is finally disposed of	854
by the court, unless the county has requested and the state public	855
defender has granted an extension of the ninety-day limit, the	856
state public defender shall not pay the requested reimbursement.	857
The state public defender shall also review the report and, in	858
accordance with the standards, guidelines, and maximums	859
established pursuant to divisions (B)(7) and (8) of section 120.04	860
of the Revised Code, prepare a voucher for fifty per cent of the	861
total cost of each county appointed counsel system in the period	862
of time covered by the certified report and a voucher for fifty	863
per cent of the costs and expenses that are reimbursable under	864
section 120.35 of the Revised Code, if any, or, if the amount of	865
money appropriated by the general assembly to reimburse counties	866
for the operation of county public defender offices, joint county	867
public defender offices, and county appointed counsel systems is	868
not sufficient to pay fifty per cent of the total cost of all of	869
the offices and systems other than costs and expenses that are	870
reimbursable under section 120.35 of the Revised Code, for the	871
lesser amount required by section 120.34 of the Revised Code.	872

(5) If any county appointed counsel system fails to maintain	873
the standards for the conduct of the system established by the	874
rules of the Ohio public defender commission pursuant to divisions	875
(B) and (C) of section 120.03 or the standards established by the	876
state public defender pursuant to division (B)(7) of section	877
120.04 of the Revised Code, the Ohio public defender commission	878
shall notify the board of county commissioners of the county that	879
the county appointed counsel system has failed to comply with its	880
rules or the standards of the state public defender. Unless the	881
board of county commissioners corrects the conduct of its	882
appointed counsel system to comply with the rules and standards	883
within ninety days after the date of the notice, the state public	884
defender may deny all or part of the county's reimbursement from	885
the state provided for in division (A)(4) of this section.	886

(B) In lieu of using a county public defender or joint county	887
public defender to represent indigent persons in the proceedings	888
set forth in division (A) of section 120.16 of the Revised Code,	889
and in lieu of adopting the resolution and following the procedure	890
described in division (A) of this section, the board of county	891
commissioners of any county may contract with the state public	892
defender for the state public defender's legal representation of	893
indigent persons. A contract entered into pursuant to this	894
division may provide for payment for the services provided on a	895
per case, hourly, or fixed contract basis.	896

(C) If a court appoints an attorney pursuant to this section	897
to represent a petitioner in a postconviction relief proceeding	898
under section 2953.21 of the Revised Code, the petitioner has	899
received a sentence of death, and the proceeding relates to that	900
sentence, the attorney who represents the petitioner in the	901
proceeding pursuant to the appointment shall be certified under	902
Rule 20 of the Rules of Superintendence for the Courts of Ohio to	903
represent indigent defendants charged with or convicted of an	904
offense for which the death penalty can be or has been imposed.	905

Sec. 120.34.  The total amount of money paid to all counties	906
in any fiscal year pursuant to sections 120.18, 120.28, and 120.33	907
of the Revised Code for the reimbursement of a percentage of the	908
counties' cost of operating county public defender offices, joint	909
county public defender offices, and county appointed counsel	910
systems shall not exceed the total amount appropriated for that	911
fiscal year by the general assembly for the reimbursement of the	912
counties for the operation of the offices and systems. If the	913
amount appropriated by the general assembly in any fiscal year is	914
insufficient to pay fifty per cent of the total cost in the fiscal	915
year of all county public defender offices, all joint county	916
public defender offices, and all county appointed counsel systems,	917
the amount of money paid in that fiscal year pursuant to sections	918
120.18, 120.28, and 120.33 of the Revised Code to each county for	919
the fiscal year shall be reduced proportionately so that each	920
county is paid an equal percentage of its total cost in the fiscal	921
year for operating its county public defender system, its joint	922
county public defender system, and its county appointed counsel	923
system.	924

The total amount of money paid to all counties in any fiscal	925
year pursuant to section 120.35 of the Revised Code for the	926
reimbursement of a percentage of the counties' costs and expenses	927
of conducting the defense in capital cases shall not exceed the	928
total amount appropriated for that fiscal year by the general	929
assembly for the reimbursement of the counties for conducting the	930
defense in capital cases. If the amount appropriated by the	931
general assembly in any fiscal year is insufficient to pay fifty	932
per cent of the counties' total costs and expenses of conducting	933
the defense in capital cases in the fiscal year, the amount of	934
money paid in that fiscal year pursuant to section 120.35 of the	935
Revised Code to each county for the fiscal year shall be reduced	936
proportionately so that each county is paid an equal percentage of	937
its costs and expenses of conducting the defense in capital cases	938
in the fiscal year.	939

If any county receives an amount of money pursuant to section	940
120.18, 120.28, or 120.33, or 120.35 of the Revised Code that is	941
in excess of the amount of reimbursement it is entitled to receive	942
pursuant to this section, the state public defender shall request	943
the board of county commissioners to return the excess payment and	944
the board of county commissioners, upon receipt of the request,	945
shall direct the appropriate county officer to return the excess	946
payment to the state.	947

Within thirty days of the end of each fiscal quarter, the	948
state public defender shall provide to the office of budget and	949
management and the legislative budget office of the legislative	950
service commission an estimate of the amount of money that will be	951
required for the balance of the fiscal year to make the payments	952
required by sections 120.18, 120.28, and 120.33, and 120.35 of the	953
Revised Code.	954

Sec. 1901.183.  In addition to jurisdiction otherwise granted	955
in this chapter, the environmental division of a municipal court	956
shall have jurisdiction within its territory in all of the	957
following actions or proceedings and to perform all of the	958
following functions:	959

(A) Notwithstanding any monetary limitations in section	960
1901.17 of the Revised Code, in all actions and proceedings for	961
the sale of real or personal property under lien of a judgment of	962
the environmental division of the municipal court, or a lien for	963
machinery, material, fuel furnished, or labor performed,	964
irrespective of amount, and, in those cases, the environmental	965
division may proceed to foreclose and marshal all liens and all	966
vested or contingent rights, to appoint a receiver, and to render	967
personal judgment irrespective of amount in favor of any party;	968

(B) When in aid of execution of a judgment of the	969
environmental division of the municipal court, in all actions for	970
the foreclosure of a mortgage on real property given to secure the	971
payment of money, or the enforcement of a specific lien for money	972
or other encumbrance or charge on real property, when the real	973
property is situated within the territory, and, in those cases,	974
the environmental division may proceed to foreclose all liens and	975
all vested and contingent rights and proceed to render judgments,	976
and make findings and orders, between the parties, in the same	977
manner and to the same extent as in similar cases in the court of	978
common pleas;	979

(C) When in aid of execution of a judgment of the	980
environmental division of the municipal court, in all actions for	981
the recovery of real property situated within the territory to the	982
same extent as courts of common pleas have jurisdiction;	983

(D) In all actions for injunction to prevent or terminate	984
violations of the ordinances and regulations of any municipal	985
corporation within its territory enacted or promulgated under the	986
police power of that municipal corporation pursuant to Section 3	987
of Article XVIII, Ohio Constitution, over which the court of	988
common pleas has or may have jurisdiction, and, in those cases,	989
the environmental division of the municipal court may proceed to	990
render judgments, and make findings and orders, in the same manner	991
and to the same extent as in similar cases in the court of common	992
pleas;	993

(E) In all actions for injunction to prevent or terminate	994
violations of the resolutions and regulations of any political	995
subdivision within its territory enacted or promulgated under the	996
power of that political subdivision pursuant to Article X of the	997
Ohio Constitution, over which the court of common pleas has or may	998
have jurisdiction, and, in those cases, the environmental division	999
of the municipal court may proceed to render judgments, and make	1000
findings and orders, in the same manner and to the same extent as	1001
in similar cases in the court of common pleas;	1002

(F) In any civil action to enforce any provision of Chapter	1003
3704., 3714., 3734., 3737., 3767., or 6111. of the Revised Code	1004
over which the court of common pleas has or may have jurisdiction,	1005
and, in those actions, the environmental division of the municipal	1006
court may proceed to render judgments, and make findings and	1007
orders, in the same manner and to the same extent as in similar	1008
actions in the court of common pleas;	1009

(G) In all actions and proceedings in the nature of	1010
creditors' bills, and in aid of execution to subject the interests	1011
of a judgment debtor in real or personal property to the payment	1012
of a judgment of the division, and, in those actions and	1013
proceedings, the environmental division may proceed to marshal and	1014
foreclose all liens on the property irrespective of the amount of	1015
the lien, and all vested or contingent rights in the property;	1016

(H) Concurrent jurisdiction with the court of common pleas of	1017
all criminal actions or proceedings related to the pollution of	1018
the air, ground, or water within the territory of the	1019
environmental division of the municipal court, for which a	1020
sentence of death cannot be imposed under Chapter 2903. of the	1021
Revised Code;	1022

(I) In any review or appeal of any final order of any	1023
administrative officer, agency, board, department, tribunal,	1024
commission, or other instrumentality that relates to a local	1025
building, housing, air pollution, sanitation, health, fire,	1026
zoning, or safety code, ordinance, or regulation, in the same	1027
manner and to the same extent as in similar appeals in the court	1028
of common pleas.	1029

Sec. 2152.13.  (A) A juvenile court shall impose a serious	1030
youthful dispositional sentence on a child when required under	1031
division (B)(3) of section 2152.121 of the Revised Code. In such a	1032
case, the remaining provisions of this division and divisions (B)	1033
and (C) do not apply to the child, and the court shall impose the	1034
mandatory serious youthful dispositional sentence under division	1035
(D)(1) of this section.	1036

In all other cases, a juvenile court may impose a serious	1037
youthful offender dispositional sentence on a child only if the	1038
prosecuting attorney of the county in which the delinquent act	1039
allegedly occurred initiates the process against the child in	1040
accordance with this division, and the child is an alleged	1041
delinquent child who is eligible for the dispositional sentence.	1042
The prosecuting attorney may initiate the process in any of the	1043
following ways:	1044

(1) Obtaining an indictment of the child as a serious	1045
youthful offender;	1046

(2) The child waives the right to indictment, charging the	1047
child in a bill of information as a serious youthful offender;	1048

(3) Until an indictment or information is obtained,	1049
requesting a serious youthful offender dispositional sentence in	1050
the original complaint alleging that the child is a delinquent	1051
child;	1052

(4) Until an indictment or information is obtained, if the	1053
original complaint does not request a serious youthful offender	1054
dispositional sentence, filing with the juvenile court a written	1055
notice of intent to seek a serious youthful offender dispositional	1056
sentence within twenty days after the later of the following,	1057
unless the time is extended by the juvenile court for good cause	1058
shown:	1059

(a) The date of the child's first juvenile court hearing	1060
regarding the complaint;	1061

(b) The date the juvenile court determines not to transfer	1062
the case under section 2152.12 of the Revised Code.	1063

After a written notice is filed under division (A)(4) of this	1064
section, the juvenile court shall serve a copy of the notice on	1065
the child and advise the child of the prosecuting attorney's	1066
intent to seek a serious youthful offender dispositional sentence	1067
in the case.	1068

(B) If an alleged delinquent child is not indicted or charged	1069
by information as described in division (A)(1) or (2) of this	1070
section and if a notice or complaint as described in division	1071
(A)(3) or (4) of this section indicates that the prosecuting	1072
attorney intends to pursue a serious youthful offender	1073
dispositional sentence in the case, the juvenile court shall hold	1074
a preliminary hearing to determine if there is probable cause that	1075
the child committed the act charged and is by age eligible for, or	1076
required to receive, a serious youthful offender dispositional	1077
sentence.	1078

(C)(1) A child for whom a serious youthful offender	1079
dispositional sentence is sought by a prosecuting attorney has the	1080
right to a grand jury determination of probable cause that the	1081
child committed the act charged and that the child is eligible by	1082
age for a serious youthful offender dispositional sentence. The	1083
grand jury may be impaneled by the court of common pleas or the	1084
juvenile court.	1085

Once a child is indicted, or charged by information or the	1086
juvenile court determines that the child is eligible for a serious	1087
youthful offender dispositional sentence, the child is entitled to	1088
an open and speedy trial by jury in juvenile court and to be	1089
provided with a transcript of the proceedings. The time within	1090
which the trial is to be held under Title XXIX of the Revised Code	1091
commences on whichever of the following dates is applicable:	1092

(a) If the child is indicted or charged by information, on	1093
the date of the filing of the indictment or information.	1094

(b) If the child is charged by an original complaint that	1095
requests a serious youthful offender dispositional sentence, on	1096
the date of the filing of the complaint.	1097

(c) If the child is not charged by an original complaint that	1098
requests a serious youthful offender dispositional sentence, on	1099
the date that the prosecuting attorney files the written notice of	1100
intent to seek a serious youthful offender dispositional sentence.	1101

(2) If the child is detained awaiting adjudication, upon	1102
indictment or being charged by information, the child has the same	1103
right to bail as an adult charged with the offense the alleged	1104
delinquent act would be if committed by an adult. Except as	1105
provided in division (D) of section 2152.14 of the Revised Code,	1106
all provisions of Title XXIX of the Revised Code and the Criminal	1107
Rules shall apply in the case and to the child. The juvenile court	1108
shall afford the child all rights afforded a person who is	1109
prosecuted for committing a crime including the right to counsel	1110
and the right to raise the issue of competency. The child may not	1111
waive the right to counsel.	1112

(D)(1) If a child is adjudicated a delinquent child for	1113
committing an act under circumstances that require the juvenile	1114
court to impose upon the child a serious youthful offender	1115
dispositional sentence under section 2152.11 of the Revised Code,	1116
all of the following apply:	1117

(a) The juvenile court shall impose upon the child a sentence	1118
available for the violation, as if the child were an adult, under	1119
Chapter 2929. of the Revised Code, except that the juvenile court	1120
shall not impose on the child a sentence of death or life	1121
imprisonment without parole.	1122

(b) The juvenile court also shall impose upon the child one	1123
or more traditional juvenile dispositions under sections 2152.16,	1124
2152.19, and 2152.20, and, if applicable, section 2152.17 of the	1125
Revised Code.	1126

(c) The juvenile court shall stay the adult portion of the	1127
serious youthful offender dispositional sentence pending the	1128
successful completion of the traditional juvenile dispositions	1129
imposed.	1130

(2)(a) If a child is adjudicated a delinquent child for	1131
committing an act under circumstances that allow, but do not	1132
require, the juvenile court to impose on the child a serious	1133
youthful offender dispositional sentence under section 2152.11 of	1134
the Revised Code, all of the following apply:	1135

(i) If the juvenile court on the record makes a finding that,	1136
given the nature and circumstances of the violation and the	1137
history of the child, the length of time, level of security, and	1138
types of programming and resources available in the juvenile	1139
system alone are not adequate to provide the juvenile court with a	1140
reasonable expectation that the purposes set forth in section	1141
2152.01 of the Revised Code will be met, the juvenile court may	1142
impose upon the child a sentence available for the violation, as	1143
if the child were an adult, under Chapter 2929. of the Revised	1144
Code, except that the juvenile court shall not impose on the child	1145
a sentence of death or life imprisonment without parole.	1146

(ii) If a sentence is imposed under division (D)(2)(a)(i) of	1147
this section, the juvenile court also shall impose upon the child	1148
one or more traditional juvenile dispositions under sections	1149
2152.16, 2152.19, and 2152.20 and, if applicable, section 2152.17	1150
of the Revised Code.	1151

(iii) The juvenile court shall stay the adult portion of the	1152
serious youthful offender dispositional sentence pending the	1153
successful completion of the traditional juvenile dispositions	1154
imposed.	1155

(b) If the juvenile court does not find that a sentence	1156
should be imposed under division (D)(2)(a)(i) of this section, the	1157
juvenile court may impose one or more traditional juvenile	1158
dispositions under sections 2152.16, 2152.19, 2152.20, and, if	1159
applicable, section 2152.17 of the Revised Code.	1160

(3) A child upon whom a serious youthful offender	1161
dispositional sentence is imposed under division (D)(1) or (2) of	1162
this section has a right to appeal under division (A)(1), (3),	1163
(4), or (5) of section 2953.08 of the Revised Code the adult	1164
portion of the serious youthful offender dispositional sentence	1165
when any of those divisions apply. The child may appeal the adult	1166
portion, and the court shall consider the appeal as if the adult	1167
portion were not stayed.	1168

Sec.  2152.67.  Any adult who is arrested or charged under any	1169
provision in this chapter and who is charged with a crime may	1170
demand a trial by jury, or the juvenile judge upon the judge's own	1171
motion may call a jury. A demand for a jury trial shall be made in	1172
writing in not less than three days before the date set for trial,	1173
or within three days after counsel has been retained, whichever is	1174
later. Sections 2945.17 and 2945.23 to 2945.36 of the Revised	1175
Code, relating to the drawing and impaneling of jurors in criminal	1176
cases in the court of common pleas, other than in capital cases,	1177
shall apply to a jury trial under this section. The compensation	1178
of jurors and costs of the clerk and sheriff shall be taxed and	1179
paid in the same manner as in criminal cases in the court of	1180
common pleas.	1181

Sec. 2301.20.  Upon the trial of a civil or criminal action	1182
in the court of common pleas, if either party to the action or his	1183
either party's attorney requests the services of a shorthand	1184
reporter, the trial judge shall grant the request, or may order a	1185
full report of the testimony or other proceedings. In either case,	1186
the shorthand reporter shall take accurate shorthand notes of the	1187
oral testimony or other oral proceedings. The notes shall be filed	1188
in the office of the official shorthand reporter and carefully	1189
preserved for either of the following periods of time:	1190

(A) If the action is not a capital case, the notes shall be	1191
preserved for the period of time specified by the court of common	1192
pleas, which period of time shall not be longer than the period of	1193
time that the other records of the particular action are required	1194
to be kept;	1195

(B) If the action is a capital case, the notes shall be	1196
preserved for the longer of ten years or until the final	1197
disposition of the action.	1198

Sec. 2307.60. (A)(1) Anyone injured in person or property by	1199
a criminal act has, and may recover full damages in, a civil	1200
action unless specifically excepted by law, may recover the costs	1201
of maintaining the civil action and attorney's fees if authorized	1202
by any provision of the Rules of Civil Procedure or another	1203
section of the Revised Code or under the common law of this state,	1204
and may recover punitive or exemplary damages if authorized by	1205
section 2315.21 or another section of the Revised Code.	1206

(2) A final judgment of a trial court that has not been	1207
reversed on appeal or otherwise set aside, nullified, or vacated,	1208
entered after a trial or upon a plea of guilty, but not upon a	1209
plea of no contest or the equivalent plea from another	1210
jurisdiction, that adjudges an offender guilty of an offense of	1211
violence punishable by death or imprisonment in excess of one	1212
year, when entered as evidence in any subsequent civil proceeding	1213
based on the criminal act, shall preclude the offender from	1214
denying in the subsequent civil proceeding any fact essential to	1215
sustaining that judgment, unless the offender can demonstrate that	1216
extraordinary circumstances prevented the offender from having a	1217
full and fair opportunity to litigate the issue in the criminal	1218
proceeding or other extraordinary circumstances justify affording	1219
the offender an opportunity to relitigate the issue. The offender	1220
may introduce evidence of the offender's pending appeal of the	1221
final judgment of the trial court, if applicable, and the court	1222
may consider that evidence in determining the liability of the	1223
offender.	1224

(B)(1) As used in division (B) of this section:

1225

(a) "Tort action" means a civil action for damages for	1226
injury, death, or loss to person or property other than a civil	1227
action for damages for a breach of contract or another agreement	1228
between persons. "Tort action" includes, but is not limited to, a	1229
product liability claim, as defined in section 2307.71 of the	1230
Revised Code, and an asbestos claim, as defined in section 2307.91	1231
of the Revised Code, an action for wrongful death under Chapter	1232
2125. of the Revised Code, and an action based on derivative	1233
claims for relief.	1234

(b) "Residence" has the same meaning as in section 2901.05 of	1235
the Revised Code.	1236

(2) Recovery on a claim for relief in a tort action is barred	1237
to any person or the person's legal representative if any of the	1238
following apply:	1239

(a) The person has been convicted of or has pleaded guilty to	1240
a felony, or to a misdemeanor that is an offense of violence,	1241
arising out of criminal conduct that was a proximate cause of the	1242
injury or loss for which relief is claimed in the tort action.	1243

(b) The person engaged in conduct that, if prosecuted, would	1244
constitute a felony, a misdemeanor that is an offense of violence,	1245
an attempt to commit a felony, or an attempt to commit a	1246
misdemeanor that is an offense of violence and that conduct was a	1247
proximate cause of the injury or loss for which relief is claimed	1248
in the tort action, regardless of whether the person has been	1249
convicted of or pleaded guilty to or has been charged with	1250
committing the felony, the misdemeanor, or the attempt to commit	1251
the felony or misdemeanor.	1252

(c) The person suffered the injury or loss for which relief	1253
is claimed in the tort action as a proximate result of the victim	1254
of conduct that, if prosecuted, would constitute a felony, a	1255
misdemeanor that is an offense of violence, an attempt to commit a	1256
felony, or an attempt to commit a misdemeanor that is an offense	1257
of violence acting against the person in self-defense, defense of	1258
another, or defense of the victim's residence, regardless of	1259
whether the person has been convicted of or pleaded guilty to or	1260
has been charged with committing the felony, the misdemeanor, or	1261
the attempt to commit the felony or misdemeanor. Division	1262
(B)(2)(c) of this section does not apply if the person who	1263
suffered the injury or loss, at the time of the victim's act of	1264
self-defense, defense of another, or defense of residence, was an	1265
innocent bystander who had no connection with the underlying	1266
conduct that prompted the victim's exercise of self-defense,	1267
defense of another, or defense of residence.	1268

(3) Recovery against a victim of conduct that, if prosecuted,	1269
would constitute a felony, a misdemeanor that is an offense of	1270
violence, an attempt to commit a felony, or an attempt to commit a	1271
misdemeanor that is an offense of violence, on a claim for relief	1272
in a tort action is barred to any person or the person's legal	1273
representative if conduct the person engaged in against that	1274
victim was a proximate cause of the injury or loss for which	1275
relief is claimed in the tort action and that conduct, if	1276
prosecuted, would constitute a felony, a misdemeanor that is an	1277
offense of violence, an attempt to commit a felony, or an attempt	1278
to commit a misdemeanor that is an offense of violence, regardless	1279
of whether the person has been convicted of or pleaded guilty to	1280
or has been charged with committing the felony, the misdemeanor,	1281
or the attempt to commit the felony or misdemeanor.	1282

(4) Divisions (B)(1) to (3) of this section do not apply to	1283
civil claims based upon alleged intentionally tortious conduct,	1284
alleged violations of the United States Constitution, or alleged	1285
violations of statutes of the United States pertaining to civil	1286
rights. For purposes of division (B)(4) of this section, a	1287
person's act of self-defense, defense of another, or defense of	1288
the person's residence does not constitute intentionally tortious	1289
conduct.	1290

Sec. 2313.37.  (A) In the trial in the court of common pleas	1291
of any civil case when it appears to the judge presiding that the	1292
trial is likely to be protracted, upon direction of the judge	1293
after the jury has been impaneled and sworn, an additional or	1294
alternate juror shall be selected in the same manner as the	1295
regular jurors in the case were selected, but each party is	1296
entitled to two peremptory challenges as to the alternate juror.	1297

(B) In all criminal cases, the selection of alternate jurors	1298
shall be made pursuant to Criminal Rule 24.	1299

(C) The additional or alternate jurors selected shall be	1300
sworn and seated near the regular jurors, with equal opportunity	1301
for seeing and hearing the proceedings and shall attend at all	1302
times upon the trial with regular jurors and shall obey all orders	1303
and admonitions of the court to the jury, and when the regular	1304
jurors are ordered kept together in a criminal case, the alternate	1305
jurors shall be kept with them. The additional or alternate jurors	1306
shall be liable as regular jurors for failure to attend the trial	1307
or to obey any order or admonition of the court to the jury, shall	1308
receive the same compensation as other jurors, and except as	1309
provided in this section shall be discharged upon the final	1310
submission of the case to the jury.	1311

(D) If before the final submission of the case to the jury,	1312
which in capital cases includes any hearing required under	1313
division (D) of section 2929.03 of the Revised Code, a regular	1314
juror becomes unable to perform hisofficial duties,	1315
incapacitated, or disqualified, hethe regular juror may be	1316
discharged by the judge, in which case, or if a regular juror	1317
dies, upon the order of the judge, an additional or alternate	1318
juror, in the order in which called, shall become one of the jury	1319
and serve in all respects as though selected as an original juror.	1320

Sec. 2701.07.  When, in the opinion of the court, the	1321
business thereof so requires, each court of common pleas, court of	1322
appeals, and, in counties having at the last or any future federal	1323
census more than seventy thousand inhabitants, the probate court,	1324
may appoint one or more constables to preserve order, attend the	1325
assignment of cases in counties where more than two judges of the	1326
court of common pleas regularly hold court at the same time, and	1327
discharge such other duties as the court requires. When so	1328
directed by the court, each constable has the same powers as	1329
sheriffs to call and impanel jurors, except in capital cases.	1330

Sec. 2743.51.  As used in sections 2743.51 to 2743.72 of the	1331
Revised Code:	1332

(A) "Claimant" means both of the following categories of	1333
persons:	1334

(1) Any of the following persons who claim an award of	1335
reparations under sections 2743.51 to 2743.72 of the Revised Code:	1336

(a) A victim who was one of the following at the time of the	1337
criminally injurious conduct:	1338

(i) A resident of the United States;

1339

(ii) A resident of a foreign country the laws of which permit	1340
residents of this state to recover compensation as victims of	1341
offenses committed in that country.	1342

(b) A dependent of a deceased victim who is described in	1343
division (A)(1)(a) of this section;	1344

(c) A third person, other than a collateral source, who	1345
legally assumes or voluntarily pays the obligations of a victim,	1346
or of a dependent of a victim, who is described in division	1347
(A)(1)(a) of this section, which obligations are incurred as a	1348
result of the criminally injurious conduct that is the subject of	1349
the claim and may include, but are not limited to, medical or	1350
burial expenses;	1351

(d) A person who is authorized to act on behalf of any person	1352
who is described in division (A)(1)(a), (b), or (c) of this	1353
section;	1354

(e) The estate of a deceased victim who is described in	1355
division (A)(1)(a) of this section.	1356

(2) Any of the following persons who claim an award of	1357
reparations under sections 2743.51 to 2743.72 of the Revised Code:	1358

(a) A victim who had a permanent place of residence within	1359
this state at the time of the criminally injurious conduct and	1360
who, at the time of the criminally injurious conduct, complied	1361
with any one of the following:	1362

(i) Had a permanent place of employment in this state;

1363

(ii) Was a member of the regular armed forces of the United	1364
States or of the United States coast guard or was a full-time	1365
member of the Ohio organized militia or of the United States army	1366
reserve, naval reserve, or air force reserve;	1367

(iii) Was retired and receiving social security or any other	1368
retirement income;	1369

(iv) Was sixty years of age or older;

1370

(v) Was temporarily in another state for the purpose of	1371
receiving medical treatment;	1372

(vi) Was temporarily in another state for the purpose of	1373
performing employment-related duties required by an employer	1374
located within this state as an express condition of employment or	1375
employee benefits;	1376

(vii) Was temporarily in another state for the purpose of	1377
receiving occupational, vocational, or other job-related training	1378
or instruction required by an employer located within this state	1379
as an express condition of employment or employee benefits;	1380

(viii) Was a full-time student at an academic institution,	1381
college, or university located in another state;	1382

(ix) Had not departed the geographical boundaries of this	1383
state for a period exceeding thirty days or with the intention of	1384
becoming a citizen of another state or establishing a permanent	1385
place of residence in another state.	1386

(b) A dependent of a deceased victim who is described in	1387
division (A)(2)(a) of this section;	1388

(c) A third person, other than a collateral source, who	1389
legally assumes or voluntarily pays the obligations of a victim,	1390
or of a dependent of a victim, who is described in division	1391
(A)(2)(a) of this section, which obligations are incurred as a	1392
result of the criminally injurious conduct that is the subject of	1393
the claim and may include, but are not limited to, medical or	1394
burial expenses;	1395

(d) A person who is authorized to act on behalf of any person	1396
who is described in division (A)(2)(a), (b), or (c) of this	1397
section;	1398

(e) The estate of a deceased victim who is described in	1399
division (A)(2)(a) of this section.	1400

(B) "Collateral source" means a source of benefits or	1401
advantages for economic loss otherwise reparable that the victim	1402
or claimant has received, or that is readily available to the	1403
victim or claimant, from any of the following sources:	1404

(1) The offender;

1405

(2) The government of the United States or any of its	1406
agencies, a state or any of its political subdivisions, or an	1407
instrumentality of two or more states, unless the law providing	1408
for the benefits or advantages makes them excess or secondary to	1409
benefits under sections 2743.51 to 2743.72 of the Revised Code;	1410

(3) Social security, medicare, and medicaid;

1411

(4) State-required, temporary, nonoccupational disability	1412
insurance;	1413

(5) Workers' compensation;

1414

(6) Wage continuation programs of any employer;

1415

(7) Proceeds of a contract of insurance payable to the victim	1416
for loss that the victim sustained because of the criminally	1417
injurious conduct;	1418

(8) A contract providing prepaid hospital and other health	1419
care services, or benefits for disability;	1420

(9) That portion of the proceeds of all contracts of	1421
insurance payable to the claimant on account of the death of the	1422
victim that exceeds fifty thousand dollars;	1423

(10) Any compensation recovered or recoverable under the laws	1424
of another state, district, territory, or foreign country because	1425
the victim was the victim of an offense committed in that state,	1426
district, territory, or country.	1427

"Collateral source" does not include any money, or the	1428
monetary value of any property, that is subject to sections	1429
2969.01 to 2969.06 of the Revised Code or that is received as a	1430
benefit from the Ohio public safety officers death benefit fund	1431
created by section 742.62 of the Revised Code.	1432

(C) "Criminally injurious conduct" means one of the	1433
following:	1434

(1) For the purposes of any person described in division	1435
(A)(1) of this section, any conduct that occurs or is attempted in	1436
this state; poses a substantial threat of personal injury or	1437
death; and is punishable by fine,or imprisonment, or death, or	1438
would be so punishable but for the fact that the person engaging	1439
in the conduct lacked capacity to commit the crime under the laws	1440
of this state. Criminally injurious conduct does not include	1441
conduct arising out of the ownership, maintenance, or use of a	1442
motor vehicle, except when any of the following applies:	1443

(a) The person engaging in the conduct intended to cause	1444
personal injury or death;	1445

(b) The person engaging in the conduct was using the vehicle	1446
to flee immediately after committing a felony or an act that would	1447
constitute a felony but for the fact that the person engaging in	1448
the conduct lacked the capacity to commit the felony under the	1449
laws of this state;	1450

(c) The person engaging in the conduct was using the vehicle	1451
in a manner that constitutes an OVI violation;	1452

(d) The conduct occurred on or after July 25, 1990, and the	1453
person engaging in the conduct was using the vehicle in a manner	1454
that constitutes a violation of section 2903.08 of the Revised	1455
Code;	1456

(e) The person engaging in the conduct acted in a manner that	1457
caused serious physical harm to a person and that constituted a	1458
violation of section 4549.02 or 4549.021 of the Revised Code.	1459

(2) For the purposes of any person described in division	1460
(A)(2) of this section, any conduct that occurs or is attempted in	1461
another state, district, territory, or foreign country; poses a	1462
substantial threat of personal injury or death; and is punishable	1463
by fine,or imprisonment, or death, or would be so punishable but	1464
for the fact that the person engaging in the conduct lacked	1465
capacity to commit the crime under the laws of the state,	1466
district, territory, or foreign country in which the conduct	1467
occurred or was attempted. Criminally injurious conduct does not	1468
include conduct arising out of the ownership, maintenance, or use	1469
of a motor vehicle, except when any of the following applies:	1470

(a) The person engaging in the conduct intended to cause	1471
personal injury or death;	1472

(b) The person engaging in the conduct was using the vehicle	1473
to flee immediately after committing a felony or an act that would	1474
constitute a felony but for the fact that the person engaging in	1475
the conduct lacked the capacity to commit the felony under the	1476
laws of the state, district, territory, or foreign country in	1477
which the conduct occurred or was attempted;	1478

(c) The person engaging in the conduct was using the vehicle	1479
in a manner that constitutes an OVI violation;	1480

(d) The conduct occurred on or after July 25, 1990, the	1481
person engaging in the conduct was using the vehicle in a manner	1482
that constitutes a violation of any law of the state, district,	1483
territory, or foreign country in which the conduct occurred, and	1484
that law is substantially similar to a violation of section	1485
2903.08 of the Revised Code;	1486

(e) The person engaging in the conduct acted in a manner that	1487
caused serious physical harm to a person and that constituted a	1488
violation of any law of the state, district, territory, or foreign	1489
country in which the conduct occurred, and that law is	1490
substantially similar to section 4549.02 or 4549.021 of the	1491
Revised Code.	1492

(3) For the purposes of any person described in division	1493
(A)(1) or (2) of this section, terrorism that occurs within or	1494
outside the territorial jurisdiction of the United States.	1495

(D) "Dependent" means an individual wholly or partially	1496
dependent upon the victim for care and support, and includes a	1497
child of the victim born after the victim's death.	1498

(E) "Economic loss" means economic detriment consisting only	1499
of allowable expense, work loss, funeral expense, unemployment	1500
benefits loss, replacement services loss, cost of crime scene	1501
cleanup, and cost of evidence replacement. If criminally injurious	1502
conduct causes death, economic loss includes a dependent's	1503
economic loss and a dependent's replacement services loss.	1504
Noneconomic detriment is not economic loss; however, economic loss	1505
may be caused by pain and suffering or physical impairment.	1506

(F)(1) "Allowable expense" means reasonable charges incurred	1507
for reasonably needed products, services, and accommodations,	1508
including those for medical care, rehabilitation, rehabilitative	1509
occupational training, and other remedial treatment and care and	1510
including replacement costs for hearing aids; dentures, retainers,	1511
and other dental appliances; canes, walkers, and other mobility	1512
tools; and eyeglasses and other corrective lenses. It does not	1513
include that portion of a charge for a room in a hospital, clinic,	1514
convalescent home, nursing home, or any other institution engaged	1515
in providing nursing care and related services in excess of a	1516
reasonable and customary charge for semiprivate accommodations,	1517
unless accommodations other than semiprivate accommodations are	1518
medically required.	1519

(2) An immediate family member of a victim of criminally	1520
injurious conduct that consists of a homicide, a sexual assault,	1521
domestic violence, or a severe and permanent incapacitating injury	1522
resulting in paraplegia or a similar life-altering condition, who	1523
requires psychiatric care or counseling as a result of the	1524
criminally injurious conduct, may be reimbursed for that care or	1525
counseling as an allowable expense through the victim's	1526
application. The cumulative allowable expense for care or	1527
counseling of that nature shall not exceed two thousand five	1528
hundred dollars for each immediate family member of a victim of	1529
that type and seven thousand five hundred dollars in the aggregate	1530
for all immediate family members of a victim of that type.	1531

(3) A family member of a victim who died as a proximate	1532
result of criminally injurious conduct may be reimbursed as an	1533
allowable expense through the victim's application for wages lost	1534
and travel expenses incurred in order to attend criminal justice	1535
proceedings arising from the criminally injurious conduct. The	1536
cumulative allowable expense for wages lost and travel expenses	1537
incurred by a family member to attend criminal justice proceedings	1538
shall not exceed five hundred dollars for each family member of	1539
the victim and two thousand dollars in the aggregate for all	1540
family members of the victim.	1541

(4)(a) "Allowable expense" includes reasonable expenses and	1542
fees necessary to obtain a guardian's bond pursuant to section	1543
2109.04 of the Revised Code when the bond is required to pay an	1544
award to a fiduciary on behalf of a minor or other incompetent.	1545

(b) "Allowable expense" includes attorney's fees not	1546
exceeding one thousand dollars, at a rate not exceeding one	1547
hundred dollars per hour, incurred to successfully obtain a	1548
restraining order, custody order, or other order to physically	1549
separate a victim from an offender. Attorney's fees for the	1550
services described in this division may include an amount for	1551
reasonable travel time incurred to attend court hearings, not	1552
exceeding three hours' round-trip for each court hearing, assessed	1553
at a rate not exceeding thirty dollars per hour.	1554

(G) "Work loss" means loss of income from work that the	1555
injured person would have performed if the person had not been	1556
injured and expenses reasonably incurred by the person to obtain	1557
services in lieu of those the person would have performed for	1558
income, reduced by any income from substitute work actually	1559
performed by the person, or by income the person would have earned	1560
in available appropriate substitute work that the person was	1561
capable of performing but unreasonably failed to undertake.	1562

(H) "Replacement services loss" means expenses reasonably	1563
incurred in obtaining ordinary and necessary services in lieu of	1564
those the injured person would have performed, not for income, but	1565
for the benefit of the person's self or family, if the person had	1566
not been injured.	1567

(I) "Dependent's economic loss" means loss after a victim's	1568
death of contributions of things of economic value to the victim's	1569
dependents, not including services they would have received from	1570
the victim if the victim had not suffered the fatal injury, less	1571
expenses of the dependents avoided by reason of the victim's	1572
death. If a minor child of a victim is adopted after the victim's	1573
death, the minor child continues after the adoption to incur a	1574
dependent's economic loss as a result of the victim's death. If	1575
the surviving spouse of a victim remarries, the surviving spouse	1576
continues after the remarriage to incur a dependent's economic	1577
loss as a result of the victim's death.	1578

(J) "Dependent's replacement services loss" means loss	1579
reasonably incurred by dependents after a victim's death in	1580
obtaining ordinary and necessary services in lieu of those the	1581
victim would have performed for their benefit if the victim had	1582
not suffered the fatal injury, less expenses of the dependents	1583
avoided by reason of the victim's death and not subtracted in	1584
calculating the dependent's economic loss. If a minor child of a	1585
victim is adopted after the victim's death, the minor child	1586
continues after the adoption to incur a dependent's replacement	1587
services loss as a result of the victim's death. If the surviving	1588
spouse of a victim remarries, the surviving spouse continues after	1589
the remarriage to incur a dependent's replacement services loss as	1590
a result of the victim's death.	1591

(K) "Noneconomic detriment" means pain, suffering,	1592
inconvenience, physical impairment, or other nonpecuniary damage.	1593

(L) "Victim" means a person who suffers personal injury or	1594
death as a result of any of the following:	1595

(1) Criminally injurious conduct;

1596

(2) The good faith effort of any person to prevent criminally	1597
injurious conduct;	1598

(3) The good faith effort of any person to apprehend a person	1599
suspected of engaging in criminally injurious conduct.	1600

(M) "Contributory misconduct" means any conduct of the	1601
claimant or of the victim through whom the claimant claims an	1602
award of reparations that is unlawful or intentionally tortious	1603
and that, without regard to the conduct's proximity in time or	1604
space to the criminally injurious conduct, has a causal	1605
relationship to the criminally injurious conduct that is the basis	1606
of the claim.	1607

(N)(1) "Funeral expense" means any reasonable charges that	1608
are not in excess of seven thousand five hundred dollars per	1609
funeral and that are incurred for expenses directly related to a	1610
victim's funeral, cremation, or burial and any wages lost or	1611
travel expenses incurred by a family member of a victim in order	1612
to attend the victim's funeral, cremation, or burial.	1613

(2) An award for funeral expenses shall be applied first to	1614
expenses directly related to the victim's funeral, cremation, or	1615
burial. An award for wages lost or travel expenses incurred by a	1616
family member of the victim shall not exceed five hundred dollars	1617
for each family member and shall not exceed in the aggregate the	1618
difference between seven thousand five hundred dollars and	1619
expenses that are reimbursed by the program and that are directly	1620
related to the victim's funeral, cremation, or burial.	1621

(O) "Unemployment benefits loss" means a loss of unemployment	1622
benefits pursuant to Chapter 4141. of the Revised Code when the	1623
loss arises solely from the inability of a victim to meet the able	1624
to work, available for suitable work, or the actively seeking	1625
suitable work requirements of division (A)(4)(a) of section	1626
4141.29 of the Revised Code.	1627

(P) "OVI violation" means any of the following:

1628

(1) A violation of section 4511.19 of the Revised Code, of	1629
any municipal ordinance prohibiting the operation of a vehicle	1630
while under the influence of alcohol, a drug of abuse, or a	1631
combination of them, or of any municipal ordinance prohibiting the	1632
operation of a vehicle with a prohibited concentration of alcohol,	1633
a controlled substance, or a metabolite of a controlled substance	1634
in the whole blood, blood serum or plasma, breath, or urine;	1635

(2) A violation of division (A)(1) of section 2903.06 of the	1636
Revised Code;	1637

(3) A violation of division (A)(2), (3), or (4) of section	1638
2903.06 of the Revised Code or of a municipal ordinance	1639
substantially similar to any of those divisions, if the offender	1640
was under the influence of alcohol, a drug of abuse, or a	1641
combination of them, at the time of the commission of the offense;	1642

(4) For purposes of any person described in division (A)(2)	1643
of this section, a violation of any law of the state, district,	1644
territory, or foreign country in which the criminally injurious	1645
conduct occurred, if that law is substantially similar to a	1646
violation described in division (P)(1) or (2) of this section or	1647
if that law is substantially similar to a violation described in	1648
division (P)(3) of this section and the offender was under the	1649
influence of alcohol, a drug of abuse, or a combination of them,	1650
at the time of the commission of the offense.	1651

(Q) "Pendency of the claim" for an original reparations	1652
application or supplemental reparations application means the	1653
period of time from the date the criminally injurious conduct upon	1654
which the application is based occurred until the date a final	1655
decision, order, or judgment concerning that original reparations	1656
application or supplemental reparations application is issued.	1657

(R) "Terrorism" means any activity to which all of the	1658
following apply:	1659

(1) The activity involves a violent act or an act that is	1660
dangerous to human life.	1661

(2) The act described in division (R)(1) of this section is	1662
committed within the territorial jurisdiction of the United States	1663
and is a violation of the criminal laws of the United States, this	1664
state, or any other state or the act described in division (R)(1)	1665
of this section is committed outside the territorial jurisdiction	1666
of the United States and would be a violation of the criminal laws	1667
of the United States, this state, or any other state if committed	1668
within the territorial jurisdiction of the United States.	1669

(3) The activity appears to be intended to do any of the	1670
following:	1671

(a) Intimidate or coerce a civilian population;

1672

(b) Influence the policy of any government by intimidation or	1673
coercion;	1674

(c) Affect the conduct of any government by assassination or	1675
kidnapping.	1676

(4) The activity occurs primarily outside the territorial	1677
jurisdiction of the United States or transcends the national	1678
boundaries of the United States in terms of the means by which the	1679
activity is accomplished, the person or persons that the activity	1680
appears intended to intimidate or coerce, or the area or locale in	1681
which the perpetrator or perpetrators of the activity operate or	1682
seek asylum.	1683

(S) "Transcends the national boundaries of the United States"	1684
means occurring outside the territorial jurisdiction of the United	1685
States in addition to occurring within the territorial	1686
jurisdiction of the United States.	1687

(T) "Cost of crime scene cleanup" means any of the following:

1688

(1) The replacement cost for items of clothing removed from a	1689
victim in order to make an assessment of possible physical harm or	1690
to treat physical harm;	1691

(2) Reasonable and necessary costs of cleaning the scene and	1692
repairing, for the purpose of personal security, property damaged	1693
at the scene where the criminally injurious conduct occurred, not	1694
to exceed seven hundred fifty dollars in the aggregate per claim.	1695

(U) "Cost of evidence replacement" means costs for	1696
replacement of property confiscated for evidentiary purposes	1697
related to the criminally injurious conduct, not to exceed seven	1698
hundred fifty dollars in the aggregate per claim.	1699

(V) "Provider" means any person who provides a victim or	1700
claimant with a product, service, or accommodations that are an	1701
allowable expense or a funeral expense.	1702

(W) "Immediate family member" means an individual who resided	1703
in the same permanent household as a victim at the time of the	1704
criminally injurious conduct and who is related to the victim by	1705
affinity or consanguinity.	1706

(X) "Family member" means an individual who is related to a	1707
victim by affinity or consanguinity.	1708

Sec. 2901.02.  As used in the Revised Code:

1709

(A) Offenses include aggravated murder, murder, felonies of	1710
the first, second, third, fourth, and fifth degree, misdemeanors	1711
of the first, second, third, and fourth degree, minor	1712
misdemeanors, and offenses not specifically classified.	1713

(B) Aggravated murder when the indictment or the count in the	1714
indictment charging aggravated murder contains one or more	1715
specifications of aggravating circumstances listed in division (A)	1716
of section 2929.04 of Revised Code, and any other offense for	1717
which death may be imposed as a penalty, is a capital offense.	1718

(C) Aggravated murder and murder are felonies.

1719

(D)(C) Regardless of the penalty that may be imposed, any	1720
offense specifically classified as a felony is a felony, and any	1721
offense specifically classified as a misdemeanor is a misdemeanor.	1722

(E)(D) Any offense not specifically classified is a felony if	1723
imprisonment for more than one year may be imposed as a penalty.	1724

(F)(E) Any offense not specifically classified is a	1725
misdemeanor if imprisonment for not more than one year may be	1726
imposed as a penalty.	1727

(G)(F) Any offense not specifically classified is a minor	1728
misdemeanor if the only penalty that may be imposed is one of the	1729
following:	1730

(1) For an offense committed prior to January 1, 2004, a fine	1731
not exceeding one hundred dollars;	1732

(2) For an offense committed on or after January 1, 2004, a	1733
fine not exceeding one hundred fifty dollars, community service	1734
under division (D) of section 2929.27 of the Revised Code, or a	1735
financial sanction other than a fine under section 2929.28 of the	1736
Revised Code.	1737

Sec. 2909.24. (A) No person shall commit a specified offense	1738
with purpose to do any of the following:	1739

(1) Intimidate or coerce a civilian population;

1740

(2) Influence the policy of any government by intimidation or	1741
coercion;	1742

(3) Affect the conduct of any government by the specified	1743
offense.	1744

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

1745

(2) Except as otherwise provided in divisions (B)(3) and (4)	1746
of this section, terrorism is an offense one degree higher than	1747
the most serious underlying specified offense the defendant	1748
committed.	1749

(3) If the most serious underlying specified offense the	1750
defendant committed is a felony of the first degree or murder, the	1751
person shall be sentenced to life imprisonment without parole.	1752

(4) If the most serious underlying specified offense the	1753
defendant committed is aggravated murder, the offender shall be	1754
sentenced to life imprisonment without parole or death pursuant to	1755
sections 2929.02 to 2929.06 of the Revised Code.	1756

(5) Section 2909.25 of the Revised Code applies regarding an	1757
offender who is convicted of or pleads guilty to a violation of	1758
this section.	1759

Sec. 2929.02.  (A) WhoeverExcept as otherwise provided in	1760
division (C) of this section, whoever is convicted of or pleads	1761
guilty to aggravated murder in violation of section 2903.01 of the	1762
Revised Code shall suffer death or be imprisoned for life, as	1763
determined pursuant to sections 2929.022, 2929.03, and 2929.04 of	1764
the Revised Code, except that no person who raises the matter of	1765
age pursuant to section 2929.023 of the Revised Code and who is	1766
not found to have been eighteen years of age or older at the time	1767
of the commission of the offense shall suffer death. In addition,	1768
the offender may be fined an amount fixed by the court, but not	1769
more than twenty-five thousand dollarssentenced to life	1770
imprisonment with parole eligibility after serving twenty full	1771
years of imprisonment, life imprisonment with parole eligibility	1772
after serving thirty full years of imprisonment, or life	1773
imprisonment without parole.	1774

(B)(1) Except as otherwise provided in division (B)(2) or	1775
(3)(C) of this section, whoever is convicted of or pleads guilty	1776
to murder in violation of section 2903.02 of the Revised Code	1777
shall be imprisoned for an indefinite term of fifteen years to	1778
life.	1779

(2)(C)(1) Except as otherwise provided in division	1780
(B)(3)(C)(2) of this section, if a person is convicted of or	1781
pleads guilty to aggravated murder in violation of section 2903.01	1782
of the Revised Code or to murder in violation of section 2903.02	1783
of the Revised Code, the victim of the offense was less than	1784
thirteen years of age, and the offender also is convicted of or	1785
pleads guilty to a sexual motivation specification that was	1786
included in the indictment, count in the indictment, or	1787
information charging the offense, the court shall impose an	1788
indefinite prison term of thirty years to life pursuant to	1789
division (B)(3) of section 2971.03 of the Revised Code.	1790

(3)(2) If a person is convicted of or pleads guilty to	1791
aggravated murder in violation of section 2903.01 of the Revised	1792
Code or to murder in violation of section 2903.02 of the Revised	1793
Code and also is convicted of or pleads guilty to a sexual	1794
motivation specification and a sexually violent predator	1795
specification that were included in the indictment, count in the	1796
indictment, or information that charged the murder, the court	1797
shall impose upon the offender a term of life imprisonment without	1798
parole that shall be served pursuant to section 2971.03 of the	1799
Revised Code.	1800

(4)(D) In addition to the prison term imposed under this	1801
section, the offender may be fined an amount fixed by the court,	1802
but not more than twenty-five thousand dollars for aggravated	1803
murder or fifteen thousand dollars for murder.	1804

(C)(E) The court shall not impose a fine or fines for	1805
aggravated murder or murder whichthat, in the aggregate and to	1806
the extent not suspended by the court, exceeds the amount which	1807
that the offender is or will be able to pay by the method and	1808
within the time allowed without undue hardship to the offender or	1809
to the dependents of the offender, or will prevent the offender	1810
from making reparation for the victim's wrongful death.	1811

(D)(F)(1) In addition to any other sanctions imposed for a	1812
violation of section 2903.01 or 2903.02 of the Revised Code, if	1813
the offender used a motor vehicle as the means to commit the	1814
violation, the court shall impose upon the offender a class two	1815
suspension of the offender's driver's license, commercial driver's	1816
license, temporary instruction permit, probationary license, or	1817
nonresident operating privilege as specified in division (A)(2) of	1818
section 4510.02 of the Revised Code.	1819

(2) As used in division (D)(F) of this section, "motor	1820
vehicle" has the same meaning as in section 4501.01 of the Revised	1821
Code.	1822

(G) Capital punishment is hereby abolished. A trial court	1823
that sentenced an offender to death prior to the effective date of	1824
this amendment shall conduct a hearing to resentence the offender.	1825
At the resentencing hearing, the court shall impose upon the	1826
offender a sentence of life imprisonment without parole.	1827

Sec. 2929.13.  (A) Except as provided in division (E), (F),	1828
or (G) of this section and unless a specific sanction is required	1829
to be imposed or is precluded from being imposed pursuant to law,	1830
a court that imposes a sentence upon an offender for a felony may	1831
impose any sanction or combination of sanctions on the offender	1832
that are provided in sections 2929.14 to 2929.18 of the Revised	1833
Code.	1834

If the offender is eligible to be sentenced to community	1835
control sanctions, the court shall consider the appropriateness of	1836
imposing a financial sanction pursuant to section 2929.18 of the	1837
Revised Code or a sanction of community service pursuant to	1838
section 2929.17 of the Revised Code as the sole sanction for the	1839
offense. Except as otherwise provided in this division, if the	1840
court is required to impose a mandatory prison term for the	1841
offense for which sentence is being imposed, the court also shall	1842
impose any financial sanction pursuant to section 2929.18 of the	1843
Revised Code that is required for the offense and may impose any	1844
other financial sanction pursuant to that section but may not	1845
impose any additional sanction or combination of sanctions under	1846
section 2929.16 or 2929.17 of the Revised Code.	1847

If the offender is being sentenced for a fourth degree felony	1848
OVI offense or for a third degree felony OVI offense, in addition	1849
to the mandatory term of local incarceration or the mandatory	1850
prison term required for the offense by division (G)(1) or (2) of	1851
this section, the court shall impose upon the offender a mandatory	1852
fine in accordance with division (B)(3) of section 2929.18 of the	1853
Revised Code and may impose whichever of the following is	1854
applicable:	1855

(1) For a fourth degree felony OVI offense for which sentence	1856
is imposed under division (G)(1) of this section, an additional	1857
community control sanction or combination of community control	1858
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	1859
the court imposes upon the offender a community control sanction	1860
and the offender violates any condition of the community control	1861
sanction, the court may take any action prescribed in division (B)	1862
of section 2929.15 of the Revised Code relative to the offender,	1863
including imposing a prison term on the offender pursuant to that	1864
division.	1865

(2) For a third or fourth degree felony OVI offense for which	1866
sentence is imposed under division (G)(2) of this section, an	1867
additional prison term as described in division (B)(4) of section	1868
2929.14 of the Revised Code or a community control sanction as	1869
described in division (G)(2) of this section.	1870

(B)(1)(a) Except as provided in division (B)(1)(b) of this	1871
section, if an offender is convicted of or pleads guilty to a	1872
felony of the fourth or fifth degree that is not an offense of	1873
violence, the court shall sentence the offender to a community	1874
control sanction of at least one year's duration if all of the	1875
following apply:	1876

(i) The offender previously has not been convicted of or	1877
pleaded guilty to a felony offense or to an offense of violence	1878
that is a misdemeanor and that the offender committed within two	1879
years prior to the offense for which sentence is being imposed.	1880

(ii) The most serious charge against the offender at the time	1881
of sentencing is a felony of the fourth or fifth degree.	1882

(iii) If the court made a request of the department of	1883
rehabilitation and correction pursuant to division (B)(1)(c) of	1884
this section, the department, within the forty-five-day period	1885
specified in that division, provided the court with the names of,	1886
contact information for, and program details of one or more	1887
community control sanctions of at least one year's duration that	1888
are available for persons sentenced by the court.	1889

(b) The court has discretion to impose a prison term upon an	1890
offender who is convicted of or pleads guilty to a felony of the	1891
fourth or fifth degree that is not an offense of violence if any	1892
of the following apply:	1893

(i) The offender committed the offense while having a firearm	1894
on or about the offender's person or under the offender's control.	1895

(ii) The offender caused physical harm to another person	1896
while committing the offense.	1897

(iii) The offender violated a term of the conditions of bond	1898
as set by the court.	1899

(iv) The court made a request of the department of	1900
rehabilitation and correction pursuant to division (B)(1)(c) of	1901
this section, and the department, within the forty-five-day period	1902
specified in that division, did not provide the court with the	1903
name of, contact information for, and program details of any	1904
community control sanction of at least one year's duration that is	1905
available for persons sentenced by the court.	1906

(c) If a court that is sentencing an offender who is	1907
convicted of or pleads guilty to a felony of the fourth or fifth	1908
degree that is not an offense of violence believes that no	1909
community control sanctions are available for its use that, if	1910
imposed on the offender, will adequately fulfill the overriding	1911
principles and purposes of sentencing, the court shall contact the	1912
department of rehabilitation and correction and ask the department	1913
to provide the court with the names of, contact information for,	1914
and program details of one or more community control sanctions of	1915
at least one year's duration that are available for persons	1916
sentenced by the court. Not later than forty-five days after	1917
receipt of a request from a court under this division, the	1918
department shall provide the court with the names of, contact	1919
information for, and program details of one or more community	1920
control sanctions of at least one year's duration that are	1921
available for persons sentenced by the court, if any. Upon making	1922
a request under this division that relates to a particular	1923
offender, a court shall defer sentencing of that offender until it	1924
receives from the department the names of, contact information	1925
for, and program details of one or more community control	1926
sanctions of at least one year's duration that are available for	1927
persons sentenced by the court or for forty-five days, whichever	1928
is the earlier.	1929

If the department provides the court with the names of,	1930
contact information for, and program details of one or more	1931
community control sanctions of at least one year's duration that	1932
are available for persons sentenced by the court within the	1933
forty-five-day period specified in this division, the court shall	1934
impose upon the offender a community control sanction under	1935
division (B)(1)(a) of this section, subject to divisionsexcept	1936
that the court may impose a prison term under division (B)(1)(b)	1937
of this section if a factor described in division (B)(1)(b)(i) and	1938
or (ii) of this section applies. If the department does not	1939
provide the court with the names of, contact information for, and	1940
program details of one or more community control sanctions of at	1941
least one year's duration that are available for persons sentenced	1942
by the court within the forty-five-day period specified in this	1943
division, the court may impose upon the offender a prison term	1944
under division (B)(1)(b)(iii)(iv) of this section.	1945

(d) A sentencing court may impose an additional penalty under	1946
division (B) of section 2929.15 of the Revised Code upon an	1947
offender sentenced to a community control sanction under division	1948
(B)(1)(a) of this section if the offender violates the conditions	1949
of the community control sanction, violates a law, or leaves the	1950
state without the permission of the court or the offender's	1951
probation officer.	1952

(2) If division (B)(1) of this section does not apply, except	1953
as provided in division (B)(3), (E), (F), or (G) of this section,	1954
in sentencing an offender for a felony of the fourth or fifth	1955
degree, the sentencing court shall determine whether any of the	1956
following apply:	1957

(a) In committing the offense, the offender caused physical	1958
harm to a person.	1959

(b) In committing the offense, the offender attempted to	1960
cause or made an actual threat of physical harm to a person with a	1961
deadly weapon.	1962

(c) In committing the offense, the offender attempted to	1963
cause or made an actual threat of physical harm to a person, and	1964
the offender previously was convicted of an offense that caused	1965
physical harm to a person.	1966

(d) The offender held a public office or position of trust	1967
and the offense related to that office or position; the offender's	1968
position obliged the offender to prevent the offense or to bring	1969
those committing it to justice; or the offender's professional	1970
reputation or position facilitated the offense or was likely to	1971
influence the future conduct of others.	1972

(e) The offender committed the offense for hire or as part of	1973
an organized criminal activity.	1974

(f) The offense is a sex offense that is a fourth or fifth	1975
degree felony violation of section 2907.03, 2907.04, 2907.05,	1976
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	1977
Revised Code.	1978

(g) The offender at the time of the offense was serving, or	1979
the offender previously had served, a prison term.	1980

(h) The offender committed the offense while under a	1981
community control sanction, while on probation, or while released	1982
from custody on a bond or personal recognizance.	1983

(i) The offender committed the offense while in possession of	1984
a firearm.	1985

(3)(a) If the court makes a finding described in division	1986
(B)(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	1987
section and if the court, after considering the factors set forth	1988
in section 2929.12 of the Revised Code, finds that a prison term	1989
is consistent with the purposes and principles of sentencing set	1990
forth in section 2929.11 of the Revised Code and finds that the	1991
offender is not amenable to an available community control	1992
sanction, the court shall impose a prison term upon the offender.	1993

(b) Except as provided in division (E), (F), or (G) of this	1994
section, if the court does not make a finding described in	1995
division (B)(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	1996
this section and if the court, after considering the factors set	1997
forth in section 2929.12 of the Revised Code, finds that a	1998
community control sanction or combination of community control	1999
sanctions is consistent with the purposes and principles of	2000
sentencing set forth in section 2929.11 of the Revised Code, the	2001
court shall impose a community control sanction or combination of	2002
community control sanctions upon the offender.	2003

(C) Except as provided in division (D), (E), (F), or (G) of	2004
this section, in determining whether to impose a prison term as a	2005
sanction for a felony of the third degree or a felony drug offense	2006
that is a violation of a provision of Chapter 2925. of the Revised	2007
Code and that is specified as being subject to this division for	2008
purposes of sentencing, the sentencing court shall comply with the	2009
purposes and principles of sentencing under section 2929.11 of the	2010
Revised Code and with section 2929.12 of the Revised Code.	2011

(D)(1) Except as provided in division (E) or (F) of this	2012
section, for a felony of the first or second degree, for a felony	2013
drug offense that is a violation of any provision of Chapter	2014
2925., 3719., or 4729. of the Revised Code for which a presumption	2015
in favor of a prison term is specified as being applicable, and	2016
for a violation of division (A)(4) or (B) of section 2907.05 of	2017
the Revised Code for which a presumption in favor of a prison term	2018
is specified as being applicable, it is presumed that a prison	2019
term is necessary in order to comply with the purposes and	2020
principles of sentencing under section 2929.11 of the Revised	2021
Code. Division (D)(2) of this section does not apply to a	2022
presumption established under this division for a violation of	2023
division (A)(4) of section 2907.05 of the Revised Code.	2024

(2) Notwithstanding the presumption established under	2025
division (D)(1) of this section for the offenses listed in that	2026
division other than a violation of division (A)(4) or (B) of	2027
section 2907.05 of the Revised Code, the sentencing court may	2028
impose a community control sanction or a combination of community	2029
control sanctions instead of a prison term on an offender for a	2030
felony of the first or second degree or for a felony drug offense	2031
that is a violation of any provision of Chapter 2925., 3719., or	2032
4729. of the Revised Code for which a presumption in favor of a	2033
prison term is specified as being applicable if it makes both of	2034
the following findings:	2035

(a) A community control sanction or a combination of	2036
community control sanctions would adequately punish the offender	2037
and protect the public from future crime, because the applicable	2038
factors under section 2929.12 of the Revised Code indicating a	2039
lesser likelihood of recidivism outweigh the applicable factors	2040
under that section indicating a greater likelihood of recidivism.	2041

(b) A community control sanction or a combination of	2042
community control sanctions would not demean the seriousness of	2043
the offense, because one or more factors under section 2929.12 of	2044
the Revised Code that indicate that the offender's conduct was	2045
less serious than conduct normally constituting the offense are	2046
applicable, and they outweigh the applicable factors under that	2047
section that indicate that the offender's conduct was more serious	2048
than conduct normally constituting the offense.	2049

(E)(1) Except as provided in division (F) of this section,	2050
for any drug offense that is a violation of any provision of	2051
Chapter 2925. of the Revised Code and that is a felony of the	2052
third, fourth, or fifth degree, the applicability of a presumption	2053
under division (D) of this section in favor of a prison term or of	2054
division (B) or (C) of this section in determining whether to	2055
impose a prison term for the offense shall be determined as	2056
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	2057
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	2058
Revised Code, whichever is applicable regarding the violation.	2059

(2) If an offender who was convicted of or pleaded guilty to	2060
a felony violates the conditions of a community control sanction	2061
imposed for the offense solely by reason of producing positive	2062
results on a drug test, the court, as punishment for the violation	2063
of the sanction, shall not order that the offender be imprisoned	2064
unless the court determines on the record either of the following:	2065

(a) The offender had been ordered as a sanction for the	2066
felony to participate in a drug treatment program, in a drug	2067
education program, or in narcotics anonymous or a similar program,	2068
and the offender continued to use illegal drugs after a reasonable	2069
period of participation in the program.	2070

(b) The imprisonment of the offender for the violation is	2071
consistent with the purposes and principles of sentencing set	2072
forth in section 2929.11 of the Revised Code.	2073

(3) A court that sentences an offender for a drug abuse	2074
offense that is a felony of the third, fourth, or fifth degree may	2075
require that the offender be assessed by a properly credentialed	2076
professional within a specified period of time. The court shall	2077
require the professional to file a written assessment of the	2078
offender with the court. If the offender is eligible for a	2079
community control sanction and after considering the written	2080
assessment, the court may impose a community control sanction that	2081
includes treatment and recovery support services authorized by	2082
section 3793.02 of the Revised Code. If the court imposes	2083
treatment and recovery support services as a community control	2084
sanction, the court shall direct the level and type of treatment	2085
and recovery support services after considering the assessment and	2086
recommendation of treatment and recovery support services	2087
providers.	2088

(F) Notwithstanding divisions (A) to (E) of this section, the	2089
court shall impose a prison term or terms under sectionssection	2090
2929.02 to 2929.06, section 2929.14, section 2929.142, or section	2091
2971.03 of the Revised Code and except as specifically provided in	2092
section 2929.20, divisions (C) to (I) of section 2967.19, or	2093
section 2967.191 of the Revised Code or when parole is authorized	2094
for the offense under section 2967.13 of the Revised Code shall	2095
not reduce the term or terms pursuant to section 2929.20, section	2096
2967.19, section 2967.193, or any other provision of Chapter 2967.	2097
or Chapter 5120. of the Revised Code for any of the following	2098
offenses:	2099

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

2100

(2) Any rape, regardless of whether force was involved and	2101
regardless of the age of the victim, or an attempt to commit rape	2102
if, had the offender completed the rape that was attempted, the	2103
offender would have been guilty of a violation of division	2104
(A)(1)(b) of section 2907.02 of the Revised Code and would be	2105
sentenced under section 2971.03 of the Revised Code;	2106

(3) Gross sexual imposition or sexual battery, if the victim	2107
is less than thirteen years of age and if any of the following	2108
applies:	2109

(a) Regarding gross sexual imposition, the offender	2110
previously was convicted of or pleaded guilty to rape, the former	2111
offense of felonious sexual penetration, gross sexual imposition,	2112
or sexual battery, and the victim of the previous offense was less	2113
than thirteen years of age;	2114

(b) Regarding gross sexual imposition, the offense was	2115
committed on or after August 3, 2006, and evidence other than the	2116
testimony of the victim was admitted in the case corroborating the	2117
violation.	2118

(c) Regarding sexual battery, either of the following	2119
applies:	2120

(i) The offense was committed prior to August 3, 2006, the	2121
offender previously was convicted of or pleaded guilty to rape,	2122
the former offense of felonious sexual penetration, or sexual	2123
battery, and the victim of the previous offense was less than	2124
thirteen years of age.	2125

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

2126

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	2127
2903.11, 2903.12, 2903.13, or 2907.07 of the Revised Code if the	2128
section requires the imposition of a prison term;	2129

(5) A first, second, or third degree felony drug offense for	2130
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	2131
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	2132
4729.99 of the Revised Code, whichever is applicable regarding the	2133
violation, requires the imposition of a mandatory prison term;	2134

(6) Any offense that is a first or second degree felony and	2135
that is not set forth in division (F)(1), (2), (3), or (4) of this	2136
section, if the offender previously was convicted of or pleaded	2137
guilty to aggravated murder, murder, any first or second degree	2138
felony, or an offense under an existing or former law of this	2139
state, another state, or the United States that is or was	2140
substantially equivalent to one of those offenses;	2141

(7) Any offense that is a third degree felony and either is a	2142
violation of section 2903.04 of the Revised Code or an attempt to	2143
commit a felony of the second degree that is an offense of	2144
violence and involved an attempt to cause serious physical harm to	2145
a person or that resulted in serious physical harm to a person if	2146
the offender previously was convicted of or pleaded guilty to any	2147
of the following offenses:	2148

(a) Aggravated murder, murder, involuntary manslaughter,	2149
rape, felonious sexual penetration as it existed under section	2150
2907.12 of the Revised Code prior to September 3, 1996, a felony	2151
of the first or second degree that resulted in the death of a	2152
person or in physical harm to a person, or complicity in or an	2153
attempt to commit any of those offenses;	2154

(b) An offense under an existing or former law of this state,	2155
another state, or the United States that is or was substantially	2156
equivalent to an offense listed in division (F)(7)(a) of this	2157
section that resulted in the death of a person or in physical harm	2158
to a person.	2159

(8) Any offense, other than a violation of section 2923.12 of	2160
the Revised Code, that is a felony, if the offender had a firearm	2161
on or about the offender's person or under the offender's control	2162
while committing the felony, with respect to a portion of the	2163
sentence imposed pursuant to division (B)(1)(a) of section 2929.14	2164
of the Revised Code for having the firearm;	2165

(9) Any offense of violence that is a felony, if the offender	2166
wore or carried body armor while committing the felony offense of	2167
violence, with respect to the portion of the sentence imposed	2168
pursuant to division (B)(1)(d) of section 2929.14 of the Revised	2169
Code for wearing or carrying the body armor;	2170

(10) Corrupt activity in violation of section 2923.32 of the	2171
Revised Code when the most serious offense in the pattern of	2172
corrupt activity that is the basis of the offense is a felony of	2173
the first degree;	2174

(11) Any violent sex offense or designated homicide, assault,	2175
or kidnapping offense if, in relation to that offense, the	2176
offender is adjudicated a sexually violent predator;	2177

(12) A violation of division (A)(1) or (2) of section 2921.36	2178
of the Revised Code, or a violation of division (C) of that	2179
section involving an item listed in division (A)(1) or (2) of that	2180
section, if the offender is an officer or employee of the	2181
department of rehabilitation and correction;	2182

(13) A violation of division (A)(1) or (2) of section 2903.06	2183
of the Revised Code if the victim of the offense is a peace	2184
officer, as defined in section 2935.01 of the Revised Code, or an	2185
investigator of the bureau of criminal identification and	2186
investigation, as defined in section 2903.11 of the Revised Code,	2187
with respect to the portion of the sentence imposed pursuant to	2188
division (B)(5) of section 2929.14 of the Revised Code;	2189

(14) A violation of division (A)(1) or (2) of section 2903.06	2190
of the Revised Code if the offender has been convicted of or	2191
pleaded guilty to three or more violations of division (A) or (B)	2192
of section 4511.19 of the Revised Code or an equivalent offense,	2193
as defined in section 2941.1415 of the Revised Code, or three or	2194
more violations of any combination of those divisions and	2195
offenses, with respect to the portion of the sentence imposed	2196
pursuant to division (B)(6) of section 2929.14 of the Revised	2197
Code;	2198

(15) Kidnapping, in the circumstances specified in section	2199
2971.03 of the Revised Code and when no other provision of	2200
division (F) of this section applies;	2201

(16) Kidnapping, abduction, compelling prostitution,	2202
promoting prostitution, engaging in a pattern of corrupt activity,	2203
illegal use of a minor in a nudity-oriented material or	2204
performance in violation of division (A)(1) or (2) of section	2205
2907.323 of the Revised Code, or endangering children in violation	2206
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	2207
the Revised Code, if the offender is convicted of or pleads guilty	2208
to a specification as described in section 2941.1422 of the	2209
Revised Code that was included in the indictment, count in the	2210
indictment, or information charging the offense;	2211

(17) A felony violation of division (A) or (B) of section	2212
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	2213
that section, and division (D)(6) of that section, require the	2214
imposition of a prison term;	2215

(18) A felony violation of section 2903.11, 2903.12, or	2216
2903.13 of the Revised Code, if the victim of the offense was a	2217
woman that the offender knew was pregnant at the time of the	2218
violation, with respect to a portion of the sentence imposed	2219
pursuant to division (B)(8) of section 2929.14 of the Revised	2220
Code.	2221

(G) Notwithstanding divisions (A) to (E) of this section, if	2222
an offender is being sentenced for a fourth degree felony OVI	2223
offense or for a third degree felony OVI offense, the court shall	2224
impose upon the offender a mandatory term of local incarceration	2225
or a mandatory prison term in accordance with the following:	2226

(1) If the offender is being sentenced for a fourth degree	2227
felony OVI offense and if the offender has not been convicted of	2228
and has not pleaded guilty to a specification of the type	2229
described in section 2941.1413 of the Revised Code, the court may	2230
impose upon the offender a mandatory term of local incarceration	2231
of sixty days or one hundred twenty days as specified in division	2232
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	2233
not reduce the term pursuant to section 2929.20, 2967.193, or any	2234
other provision of the Revised Code. The court that imposes a	2235
mandatory term of local incarceration under this division shall	2236
specify whether the term is to be served in a jail, a	2237
community-based correctional facility, a halfway house, or an	2238
alternative residential facility, and the offender shall serve the	2239
term in the type of facility specified by the court. A mandatory	2240
term of local incarceration imposed under division (G)(1) of this	2241
section is not subject to any other Revised Code provision that	2242
pertains to a prison term except as provided in division (A)(1) of	2243
this section.	2244

(2) If the offender is being sentenced for a third degree	2245
felony OVI offense, or if the offender is being sentenced for a	2246
fourth degree felony OVI offense and the court does not impose a	2247
mandatory term of local incarceration under division (G)(1) of	2248
this section, the court shall impose upon the offender a mandatory	2249
prison term of one, two, three, four, or five years if the	2250
offender also is convicted of or also pleads guilty to a	2251
specification of the type described in section 2941.1413 of the	2252
Revised Code or shall impose upon the offender a mandatory prison	2253
term of sixty days or one hundred twenty days as specified in	2254
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	2255
if the offender has not been convicted of and has not pleaded	2256
guilty to a specification of that type. Subject to divisions (C)	2257
to (I) of section 2967.19 of the Revised Code, the court shall not	2258
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or	2259
any other provision of the Revised Code. The offender shall serve	2260
the one-, two-, three-, four-, or five-year mandatory prison term	2261
consecutively to and prior to the prison term imposed for the	2262
underlying offense and consecutively to any other mandatory prison	2263
term imposed in relation to the offense. In no case shall an	2264
offender who once has been sentenced to a mandatory term of local	2265
incarceration pursuant to division (G)(1) of this section for a	2266
fourth degree felony OVI offense be sentenced to another mandatory	2267
term of local incarceration under that division for any violation	2268
of division (A) of section 4511.19 of the Revised Code. In	2269
addition to the mandatory prison term described in division (G)(2)	2270
of this section, the court may sentence the offender to a	2271
community control sanction under section 2929.16 or 2929.17 of the	2272
Revised Code, but the offender shall serve the prison term prior	2273
to serving the community control sanction. The department of	2274
rehabilitation and correction may place an offender sentenced to a	2275
mandatory prison term under this division in an intensive program	2276
prison established pursuant to section 5120.033 of the Revised	2277
Code if the department gave the sentencing judge prior notice of	2278
its intent to place the offender in an intensive program prison	2279
established under that section and if the judge did not notify the	2280
department that the judge disapproved the placement. Upon the	2281
establishment of the initial intensive program prison pursuant to	2282
section 5120.033 of the Revised Code that is privately operated	2283
and managed by a contractor pursuant to a contract entered into	2284
under section 9.06 of the Revised Code, both of the following	2285
apply:	2286

(a) The department of rehabilitation and correction shall	2287
make a reasonable effort to ensure that a sufficient number of	2288
offenders sentenced to a mandatory prison term under this division	2289
are placed in the privately operated and managed prison so that	2290
the privately operated and managed prison has full occupancy.	2291

(b) Unless the privately operated and managed prison has full	2292
occupancy, the department of rehabilitation and correction shall	2293
not place any offender sentenced to a mandatory prison term under	2294
this division in any intensive program prison established pursuant	2295
to section 5120.033 of the Revised Code other than the privately	2296
operated and managed prison.	2297

(H) If an offender is being sentenced for a sexually oriented	2298
offense or child-victim oriented offense that is a felony	2299
committed on or after January 1, 1997, the judge shall require the	2300
offender to submit to a DNA specimen collection procedure pursuant	2301
to section 2901.07 of the Revised Code.	2302

(I) If an offender is being sentenced for a sexually oriented	2303
offense or a child-victim oriented offense committed on or after	2304
January 1, 1997, the judge shall include in the sentence a summary	2305
of the offender's duties imposed under sections 2950.04, 2950.041,	2306
2950.05, and 2950.06 of the Revised Code and the duration of the	2307
duties. The judge shall inform the offender, at the time of	2308
sentencing, of those duties and of their duration. If required	2309
under division (A)(2) of section 2950.03 of the Revised Code, the	2310
judge shall perform the duties specified in that section, or, if	2311
required under division (A)(6) of section 2950.03 of the Revised	2312
Code, the judge shall perform the duties specified in that	2313
division.	2314

(J)(1) Except as provided in division (J)(2) of this section,	2315
when considering sentencing factors under this section in relation	2316
to an offender who is convicted of or pleads guilty to an attempt	2317
to commit an offense in violation of section 2923.02 of the	2318
Revised Code, the sentencing court shall consider the factors	2319
applicable to the felony category of the violation of section	2320
2923.02 of the Revised Code instead of the factors applicable to	2321
the felony category of the offense attempted.	2322

(2) When considering sentencing factors under this section in	2323
relation to an offender who is convicted of or pleads guilty to an	2324
attempt to commit a drug abuse offense for which the penalty is	2325
determined by the amount or number of unit doses of the controlled	2326
substance involved in the drug abuse offense, the sentencing court	2327
shall consider the factors applicable to the felony category that	2328
the drug abuse offense attempted would be if that drug abuse	2329
offense had been committed and had involved an amount or number of	2330
unit doses of the controlled substance that is within the next	2331
lower range of controlled substance amounts than was involved in	2332
the attempt.	2333

(K) As used in this section, "drug abuse offense" has the	2334
same meaning as in section 2925.01 of the Revised Code.	2335

(L) At the time of sentencing an offender for any sexually	2336
oriented offense, if the offender is a tier III sex	2337
offender/child-victim offender relative to that offense and the	2338
offender does not serve a prison term or jail term, the court may	2339
require that the offender be monitored by means of a global	2340
positioning device. If the court requires such monitoring, the	2341
cost of monitoring shall be borne by the offender. If the offender	2342
is indigent, the cost of compliance shall be paid by the crime	2343
victims reparations fund.	2344

Sec. 2929.14.  (A) Except as provided in division (B)(1),	2345
(B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (E), (G),	2346
(H), or (J) of this section or in division (D)(6) of section	2347
2919.25 of the Revised Code and except in relation to an offense	2348
for which a sentence of death or life imprisonment is to be	2349
imposed, if the court imposing a sentence upon an offender for a	2350
felony elects or is required to impose a prison term on the	2351
offender pursuant to this chapter, the court shall impose a	2352
definite prison term that shall be one of the following:	2353

(1) For a felony of the first degree, the prison term shall	2354
be three, four, five, six, seven, eight, nine, ten, or eleven	2355
years.	2356

(2) For a felony of the second degree, the prison term shall	2357
be two, three, four, five, six, seven, or eight years.	2358

(3)(a) For a felony of the third degree that is a violation	2359
of section 2903.06, 2903.08, 2907.03, 2907.04, or 2907.05 of the	2360
Revised Code or that is a violation of section 2911.02 or 2911.12	2361
of the Revised Code if the offender previously has been convicted	2362
of or pleaded guilty in two or more separate proceedings to two or	2363
more violations of section 2911.01, 2911.02, 2911.11, or 2911.12	2364
of the Revised Code, the prison term shall be twelve, eighteen,	2365
twenty-four, thirty, thirty-six, forty-two, forty-eight,	2366
fifty-four, or sixty months.	2367

(b) For a felony of the third degree that is not an offense	2368
for which division (A)(3)(a) of this section applies, the prison	2369
term shall be nine, twelve, eighteen, twenty-four, thirty, or	2370
thirty-six months.	2371

(4) For a felony of the fourth degree, the prison term shall	2372
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	2373
fourteen, fifteen, sixteen, seventeen, or eighteen months.	2374

(5) For a felony of the fifth degree, the prison term shall	2375
be six, seven, eight, nine, ten, eleven, or twelve months.	2376

(B)(1)(a) Except as provided in division (B)(1)(e) of this	2377
section, if an offender who is convicted of or pleads guilty to a	2378
felony also is convicted of or pleads guilty to a specification of	2379
the type described in section 2941.141, 2941.144, or 2941.145 of	2380
the Revised Code, the court shall impose on the offender one of	2381
the following prison terms:	2382

(i) A prison term of six years if the specification is of the	2383
type described in section 2941.144 of the Revised Code that	2384
charges the offender with having a firearm that is an automatic	2385
firearm or that was equipped with a firearm muffler or silencer on	2386
or about the offender's person or under the offender's control	2387
while committing the felony;	2388

(ii) A prison term of three years if the specification is of	2389
the type described in section 2941.145 of the Revised Code that	2390
charges the offender with having a firearm on or about the	2391
offender's person or under the offender's control while committing	2392
the offense and displaying the firearm, brandishing the firearm,	2393
indicating that the offender possessed the firearm, or using it to	2394
facilitate the offense;	2395

(iii) A prison term of one year if the specification is of	2396
the type described in section 2941.141 of the Revised Code that	2397
charges the offender with having a firearm on or about the	2398
offender's person or under the offender's control while committing	2399
the felony.	2400

(b) If a court imposes a prison term on an offender under	2401
division (B)(1)(a) of this section, the prison term shall not be	2402
reduced pursuant to section 2967.19, section 2929.20, section	2403
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	2404
of the Revised Code. Except as provided in division (B)(1)(g) of	2405
this section, a court shall not impose more than one prison term	2406
on an offender under division (B)(1)(a) of this section for	2407
felonies committed as part of the same act or transaction.	2408

(c) Except as provided in division (B)(1)(e) of this section,	2409
if an offender who is convicted of or pleads guilty to a violation	2410
of section 2923.161 of the Revised Code or to a felony that	2411
includes, as an essential element, purposely or knowingly causing	2412
or attempting to cause the death of or physical harm to another,	2413
also is convicted of or pleads guilty to a specification of the	2414
type described in section 2941.146 of the Revised Code that	2415
charges the offender with committing the offense by discharging a	2416
firearm from a motor vehicle other than a manufactured home, the	2417
court, after imposing a prison term on the offender for the	2418
violation of section 2923.161 of the Revised Code or for the other	2419
felony offense under division (A), (B)(2), or (B)(3) of this	2420
section, shall impose an additional prison term of five years upon	2421
the offender that shall not be reduced pursuant to section	2422
2929.20, section 2967.19, section 2967.193, or any other provision	2423
of Chapter 2967. or Chapter 5120. of the Revised Code. A court	2424
shall not impose more than one additional prison term on an	2425
offender under division (B)(1)(c) of this section for felonies	2426
committed as part of the same act or transaction. If a court	2427
imposes an additional prison term on an offender under division	2428
(B)(1)(c) of this section relative to an offense, the court also	2429
shall impose a prison term under division (B)(1)(a) of this	2430
section relative to the same offense, provided the criteria	2431
specified in that division for imposing an additional prison term	2432
are satisfied relative to the offender and the offense.	2433

(d) If an offender who is convicted of or pleads guilty to an	2434
offense of violence that is a felony also is convicted of or	2435
pleads guilty to a specification of the type described in section	2436
2941.1411 of the Revised Code that charges the offender with	2437
wearing or carrying body armor while committing the felony offense	2438
of violence, the court shall impose on the offender a prison term	2439
of two years. The prison term so imposed, subject to divisions (C)	2440
to (I) of section 2967.19 of the Revised Code, shall not be	2441
reduced pursuant to section 2929.20, section 2967.19, section	2442
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	2443
of the Revised Code. A court shall not impose more than one prison	2444
term on an offender under division (B)(1)(d) of this section for	2445
felonies committed as part of the same act or transaction. If a	2446
court imposes an additional prison term under division (B)(1)(a)	2447
or (c) of this section, the court is not precluded from imposing	2448
an additional prison term under division (B)(1)(d) of this	2449
section.	2450

(e) The court shall not impose any of the prison terms	2451
described in division (B)(1)(a) of this section or any of the	2452
additional prison terms described in division (B)(1)(c) of this	2453
section upon an offender for a violation of section 2923.12 or	2454
2923.123 of the Revised Code. The court shall not impose any of	2455
the prison terms described in division (B)(1)(a) or (b) of this	2456
section upon an offender for a violation of section 2923.122 that	2457
involves a deadly weapon that is a firearm other than a dangerous	2458
ordnance, section 2923.16, or section 2923.121 of the Revised	2459
Code. The court shall not impose any of the prison terms described	2460
in division (B)(1)(a) of this section or any of the additional	2461
prison terms described in division (B)(1)(c) of this section upon	2462
an offender for a violation of section 2923.13 of the Revised Code	2463
unless all of the following apply:	2464

(i) The offender previously has been convicted of aggravated	2465
murder, murder, or any felony of the first or second degree.	2466

(ii) Less than five years have passed since the offender was	2467
released from prison or post-release control, whichever is later,	2468
for the prior offense.	2469

(f) If an offender is convicted of or pleads guilty to a	2470
felony that includes, as an essential element, causing or	2471
attempting to cause the death of or physical harm to another and	2472
also is convicted of or pleads guilty to a specification of the	2473
type described in section 2941.1412 of the Revised Code that	2474
charges the offender with committing the offense by discharging a	2475
firearm at a peace officer as defined in section 2935.01 of the	2476
Revised Code or a corrections officer, as defined in section	2477
2941.1412 of the Revised Code, the court, after imposing a prison	2478
term on the offender for the felony offense under division (A),	2479
(B)(2), or (B)(3) of this section, shall impose an additional	2480
prison term of seven years upon the offender that shall not be	2481
reduced pursuant to section 2929.20, section 2967.19, section	2482
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	2483
of the Revised Code. If an offender is convicted of or pleads	2484
guilty to two or more felonies that include, as an essential	2485
element, causing or attempting to cause the death or physical harm	2486
to another and also is convicted of or pleads guilty to a	2487
specification of the type described under division (B)(1)(f) of	2488
this section in connection with two or more of the felonies of	2489
which the offender is convicted or to which the offender pleads	2490
guilty, the sentencing court shall impose on the offender the	2491
prison term specified under division (B)(1)(f) of this section for	2492
each of two of the specifications of which the offender is	2493
convicted or to which the offender pleads guilty and, in its	2494
discretion, also may impose on the offender the prison term	2495
specified under that division for any or all of the remaining	2496
specifications. If a court imposes an additional prison term on an	2497
offender under division (B)(1)(f) of this section relative to an	2498
offense, the court shall not impose a prison term under division	2499
(B)(1)(a) or (c) of this section relative to the same offense.	2500

(g) If an offender is convicted of or pleads guilty to two or	2501
more felonies, if one or more of those felonies are aggravated	2502
murder, murder, attempted aggravated murder, attempted murder,	2503
aggravated robbery, felonious assault, or rape, and if the	2504
offender is convicted of or pleads guilty to a specification of	2505
the type described under division (B)(1)(a) of this section in	2506
connection with two or more of the felonies, the sentencing court	2507
shall impose on the offender the prison term specified under	2508
division (B)(1)(a) of this section for each of the two most	2509
serious specifications of which the offender is convicted or to	2510
which the offender pleads guilty and, in its discretion, also may	2511
impose on the offender the prison term specified under that	2512
division for any or all of the remaining specifications.	2513

(2)(a) If division (B)(2)(b) of this section does not apply,	2514
the court may impose on an offender, in addition to the longest	2515
prison term authorized or required for the offense, an additional	2516
definite prison term of one, two, three, four, five, six, seven,	2517
eight, nine, or ten years if all of the following criteria are	2518
met:	2519

(i) The offender is convicted of or pleads guilty to a	2520
specification of the type described in section 2941.149 of the	2521
Revised Code that the offender is a repeat violent offender.	2522

(ii) The offense of which the offender currently is convicted	2523
or to which the offender currently pleads guilty is aggravated	2524
murder and the court does not impose a sentence of death or life	2525
imprisonment without parole, murder, terrorism and the court does	2526
not impose a sentence of life imprisonment without parole, any	2527
felony of the first degree that is an offense of violence and the	2528
court does not impose a sentence of life imprisonment without	2529
parole, or any felony of the second degree that is an offense of	2530
violence and the trier of fact finds that the offense involved an	2531
attempt to cause or a threat to cause serious physical harm to a	2532
person or resulted in serious physical harm to a person.	2533

(iii) The court imposes the longest prison term for the	2534
offense that is not life imprisonment without parole.	2535

(iv) The court finds that the prison terms imposed pursuant	2536
to division (D)(B)(2)(a)(iii) of this section and, if applicable,	2537
division (D)(B)(1) or (3) of this section are inadequate to punish	2538
the offender and protect the public from future crime, because the	2539
applicable factors under section 2929.12 of the Revised Code	2540
indicating a greater likelihood of recidivism outweigh the	2541
applicable factors under that section indicating a lesser	2542
likelihood of recidivism.	2543

(v) The court finds that the prison terms imposed pursuant to	2544
division (D)(B)(2)(a)(iii) of this section and, if applicable,	2545
division (D)(B)(1) or (3) of this section are demeaning to the	2546
seriousness of the offense, because one or more of the factors	2547
under section 2929.12 of the Revised Code indicating that the	2548
offender's conduct is more serious than conduct normally	2549
constituting the offense are present, and they outweigh the	2550
applicable factors under that section indicating that the	2551
offender's conduct is less serious than conduct normally	2552
constituting the offense.	2553

(b) The court shall impose on an offender the longest prison	2554
term authorized or required for the offense and shall impose on	2555
the offender an additional definite prison term of one, two,	2556
three, four, five, six, seven, eight, nine, or ten years if all of	2557
the following criteria are met:	2558

(i) The offender is convicted of or pleads guilty to a	2559
specification of the type described in section 2941.149 of the	2560
Revised Code that the offender is a repeat violent offender.	2561

(ii) The offender within the preceding twenty years has been	2562
convicted of or pleaded guilty to three or more offenses described	2563
in division (CC)(1) of section 2929.01 of the Revised Code,	2564
including all offenses described in that division of which the	2565
offender is convicted or to which the offender pleads guilty in	2566
the current prosecution and all offenses described in that	2567
division of which the offender previously has been convicted or to	2568
which the offender previously pleaded guilty, whether prosecuted	2569
together or separately.	2570

(iii) The offense or offenses of which the offender currently	2571
is convicted or to which the offender currently pleads guilty is	2572
aggravated murder and the court does not impose a sentence of	2573
death or life imprisonment without parole, murder, terrorism and	2574
the court does not impose a sentence of life imprisonment without	2575
parole, any felony of the first degree that is an offense of	2576
violence and the court does not impose a sentence of life	2577
imprisonment without parole, or any felony of the second degree	2578
that is an offense of violence and the trier of fact finds that	2579
the offense involved an attempt to cause or a threat to cause	2580
serious physical harm to a person or resulted in serious physical	2581
harm to a person.	2582

(c) For purposes of division (B)(2)(b) of this section, two	2583
or more offenses committed at the same time or as part of the same	2584
act or event shall be considered one offense, and that one offense	2585
shall be the offense with the greatest penalty.	2586

(d) A sentence imposed under division (B)(2)(a) or (b) of	2587
this section shall not be reduced pursuant to section 2929.20,	2588
section 2967.19, or section 2967.193, or any other provision of	2589
Chapter 2967. or Chapter 5120. of the Revised Code. The offender	2590
shall serve an additional prison term imposed under this section	2591
consecutively to and prior to the prison term imposed for the	2592
underlying offense.	2593

(e) When imposing a sentence pursuant to division (B)(2)(a)	2594
or (b) of this section, the court shall state its findings	2595
explaining the imposed sentence.	2596

(3) Except when an offender commits a violation of section	2597
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	2598
the violation is life imprisonment or commits a violation of	2599
section 2903.02 of the Revised Code, if the offender commits a	2600
violation of section 2925.03 or 2925.11 of the Revised Code and	2601
that section classifies the offender as a major drug offender and	2602
requires the imposition of a ten-year prison term on the offender,	2603
if the offender commits a felony violation of section 2925.02,	2604
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	2605
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	2606
division (C) of section 4729.51, or division (J) of section	2607
4729.54 of the Revised Code that includes the sale, offer to sell,	2608
or possession of a schedule I or II controlled substance, with the	2609
exception of marihuana, and the court imposing sentence upon the	2610
offender finds that the offender is guilty of a specification of	2611
the type described in section 2941.1410 of the Revised Code	2612
charging that the offender is a major drug offender, if the court	2613
imposing sentence upon an offender for a felony finds that the	2614
offender is guilty of corrupt activity with the most serious	2615
offense in the pattern of corrupt activity being a felony of the	2616
first degree, or if the offender is guilty of an attempted	2617
violation of section 2907.02 of the Revised Code and, had the	2618
offender completed the violation of section 2907.02 of the Revised	2619
Code that was attempted, the offender would have been subject to a	2620
sentence of life imprisonment or life imprisonment without parole	2621
for the violation of section 2907.02 of the Revised Code, the	2622
court shall impose upon the offender for the felony violation a	2623
ten-year prison term that, subject to divisions (C) to (I) of	2624
section 2967.19 of the Revised Code, cannot be reduced pursuant to	2625
section 2929.20, section 2967.19, or any other provision of	2626
Chapter 2967. or 5120. of the Revised Code.	2627

(4) If the offender is being sentenced for a third or fourth	2628
degree felony OVI offense under division (G)(2) of section 2929.13	2629
of the Revised Code, the sentencing court shall impose upon the	2630
offender a mandatory prison term in accordance with that division.	2631
In addition to the mandatory prison term, if the offender is being	2632
sentenced for a fourth degree felony OVI offense, the court,	2633
notwithstanding division (A)(4) of this section, may sentence the	2634
offender to a definite prison term of not less than six months and	2635
not more than thirty months, and if the offender is being	2636
sentenced for a third degree felony OVI offense, the sentencing	2637
court may sentence the offender to an additional prison term of	2638
any duration specified in division (A)(3) of this section. In	2639
either case, the additional prison term imposed shall be reduced	2640
by the sixty or one hundred twenty days imposed upon the offender	2641
as the mandatory prison term. The total of the additional prison	2642
term imposed under division (D)(B)(4) of this section plus the	2643
sixty or one hundred twenty days imposed as the mandatory prison	2644
term shall equal a definite term in the range of six months to	2645
thirty months for a fourth degree felony OVI offense and shall	2646
equal one of the authorized prison terms specified in division	2647
(A)(3) of this section for a third degree felony OVI offense. If	2648
the court imposes an additional prison term under division (B)(4)	2649
of this section, the offender shall serve the additional prison	2650
term after the offender has served the mandatory prison term	2651
required for the offense. In addition to the mandatory prison term	2652
or mandatory and additional prison term imposed as described in	2653
division (B)(4) of this section, the court also may sentence the	2654
offender to a community control sanction under section 2929.16 or	2655
2929.17 of the Revised Code, but the offender shall serve all of	2656
the prison terms so imposed prior to serving the community control	2657
sanction.	2658

If the offender is being sentenced for a fourth degree felony	2659
OVI offense under division (G)(1) of section 2929.13 of the	2660
Revised Code and the court imposes a mandatory term of local	2661
incarceration, the court may impose a prison term as described in	2662
division (A)(1) of that section.	2663

(5) If an offender is convicted of or pleads guilty to a	2664
violation of division (A)(1) or (2) of section 2903.06 of the	2665
Revised Code and also is convicted of or pleads guilty to a	2666
specification of the type described in section 2941.1414 of the	2667
Revised Code that charges that the victim of the offense is a	2668
peace officer, as defined in section 2935.01 of the Revised Code,	2669
or an investigator of the bureau of criminal identification and	2670
investigation, as defined in section 2903.11 of the Revised Code,	2671
the court shall impose on the offender a prison term of five	2672
years. If a court imposes a prison term on an offender under	2673
division (B)(5) of this section, the prison term, subject to	2674
divisions (C) to (I) of section 2967.19 of the Revised Code, shall	2675
not be reduced pursuant to section 2929.20, section 2967.19,	2676
section 2967.193, or any other provision of Chapter 2967. or	2677
Chapter 5120. of the Revised Code. A court shall not impose more	2678
than one prison term on an offender under division (B)(5) of this	2679
section for felonies committed as part of the same act.	2680

(6) If an offender is convicted of or pleads guilty to a	2681
violation of division (A)(1) or (2) of section 2903.06 of the	2682
Revised Code and also is convicted of or pleads guilty to a	2683
specification of the type described in section 2941.1415 of the	2684
Revised Code that charges that the offender previously has been	2685
convicted of or pleaded guilty to three or more violations of	2686
division (A) or (B) of section 4511.19 of the Revised Code or an	2687
equivalent offense, as defined in section 2941.1415 of the Revised	2688
Code, or three or more violations of any combination of those	2689
divisions and offenses, the court shall impose on the offender a	2690
prison term of three years. If a court imposes a prison term on an	2691
offender under division (B)(6) of this section, the prison term,	2692
subject to divisions (C) to (I) of section 2967.19 of the Revised	2693
Code, shall not be reduced pursuant to section 2929.20, section	2694
2967.19, section 2967.193, or any other provision of Chapter 2967.	2695
or Chapter 5120. of the Revised Code. A court shall not impose	2696
more than one prison term on an offender under division (B)(6) of	2697
this section for felonies committed as part of the same act.	2698

(7)(a) If an offender is convicted of or pleads guilty to a	2699
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or	2700
2923.32, division (A)(1) or (2) of section 2907.323, or division	2701
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised	2702
Code and also is convicted of or pleads guilty to a specification	2703
of the type described in section 2941.1422 of the Revised Code	2704
that charges that the offender knowingly committed the offense in	2705
furtherance of human trafficking, the court shall impose on the	2706
offender a mandatory prison term that is one of the following:	2707

(i) If the offense is a felony of the first degree, a	2708
definite prison term of not less than five years and not greater	2709
than ten years;	2710

(ii) If the offense is a felony of the second or third	2711
degree, a definite prison term of not less than three years and	2712
not greater than the maximum prison term allowed for the offense	2713
by division (A) of section 2929.14 of the Revised Code;	2714

(iii) If the offense is a felony of the fourth or fifth	2715
degree, a definite prison term that is the maximum prison term	2716
allowed for the offense by division (A) of section 2929.14 of the	2717
Revised Code.	2718

(b) Subject to divisions (C) to (I) of section 2967.19 of the	2719
Revised Code, the prison term imposed under division (B)(7)(a) of	2720
this section shall not be reduced pursuant to section 2929.20,	2721
section 2967.19, section 2967.193, or any other provision of	2722
Chapter 2967. of the Revised Code. A court shall not impose more	2723
than one prison term on an offender under division (B)(7)(a) of	2724
this section for felonies committed as part of the same act,	2725
scheme, or plan.	2726

(8) If an offender is convicted of or pleads guilty to a	2727
felony violation of section 2903.11, 2903.12, or 2903.13 of the	2728
Revised Code and also is convicted of or pleads guilty to a	2729
specification of the type described in section 2941.1423 of the	2730
Revised Code that charges that the victim of the violation was a	2731
woman whom the offender knew was pregnant at the time of the	2732
violation, notwithstanding the range of prison terms prescribed in	2733
division (A) of this section for felonies of the same degree as	2734
the violation, the court shall impose on the offender a mandatory	2735
prison term that is either a definite prison term of six months or	2736
one of the prison terms prescribed in section 2929.14 of the	2737
Revised Code for felonies of the same degree as the violation.	2738

(C)(1)(a) Subject to division (C)(1)(b) of this section, if a	2739
mandatory prison term is imposed upon an offender pursuant to	2740
division (B)(1)(a) of this section for having a firearm on or	2741
about the offender's person or under the offender's control while	2742
committing a felony, if a mandatory prison term is imposed upon an	2743
offender pursuant to division (B)(1)(c) of this section for	2744
committing a felony specified in that division by discharging a	2745
firearm from a motor vehicle, or if both types of mandatory prison	2746
terms are imposed, the offender shall serve any mandatory prison	2747
term imposed under either division consecutively to any other	2748
mandatory prison term imposed under either division or under	2749
division (B)(1)(d) of this section, consecutively to and prior to	2750
any prison term imposed for the underlying felony pursuant to	2751
division (A), (B)(2), or (B)(3) of this section or any other	2752
section of the Revised Code, and consecutively to any other prison	2753
term or mandatory prison term previously or subsequently imposed	2754
upon the offender.	2755

(b) If a mandatory prison term is imposed upon an offender	2756
pursuant to division (B)(1)(d) of this section for wearing or	2757
carrying body armor while committing an offense of violence that	2758
is a felony, the offender shall serve the mandatory term so	2759
imposed consecutively to any other mandatory prison term imposed	2760
under that division or under division (B)(1)(a) or (c) of this	2761
section, consecutively to and prior to any prison term imposed for	2762
the underlying felony under division (A), (B)(2), or (B)(3) of	2763
this section or any other section of the Revised Code, and	2764
consecutively to any other prison term or mandatory prison term	2765
previously or subsequently imposed upon the offender.	2766

(c) If a mandatory prison term is imposed upon an offender	2767
pursuant to division (B)(1)(f) of this section, the offender shall	2768
serve the mandatory prison term so imposed consecutively to and	2769
prior to any prison term imposed for the underlying felony under	2770
division (A), (B)(2), or (B)(3) of this section or any other	2771
section of the Revised Code, and consecutively to any other prison	2772
term or mandatory prison term previously or subsequently imposed	2773
upon the offender.	2774

(d) If a mandatory prison term is imposed upon an offender	2775
pursuant to division (B)(7) or (8) of this section, the offender	2776
shall serve the mandatory prison term so imposed consecutively to	2777
any other mandatory prison term imposed under that division or	2778
under any other provision of law and consecutively to any other	2779
prison term or mandatory prison term previously or subsequently	2780
imposed upon the offender.	2781

(2) If an offender who is an inmate in a jail, prison, or	2782
other residential detention facility violates section 2917.02,	2783
2917.03, or 2921.35 of the Revised Code or division (A)(1) or (2)	2784
of section 2921.34 of the Revised Code, if an offender who is	2785
under detention at a detention facility commits a felony violation	2786
of section 2923.131 of the Revised Code, or if an offender who is	2787
an inmate in a jail, prison, or other residential detention	2788
facility or is under detention at a detention facility commits	2789
another felony while the offender is an escapee in violation of	2790
division (A)(1) or (2) of section 2921.34 of the Revised Code, any	2791
prison term imposed upon the offender for one of those violations	2792
shall be served by the offender consecutively to the prison term	2793
or term of imprisonment the offender was serving when the offender	2794
committed that offense and to any other prison term previously or	2795
subsequently imposed upon the offender.	2796

(3) If a prison term is imposed for a violation of division	2797
(B) of section 2911.01 of the Revised Code, a violation of	2798
division (A) of section 2913.02 of the Revised Code in which the	2799
stolen property is a firearm or dangerous ordnance, or a felony	2800
violation of division (B) of section 2921.331 of the Revised Code,	2801
the offender shall serve that prison term consecutively to any	2802
other prison term or mandatory prison term previously or	2803
subsequently imposed upon the offender.	2804

(4) If multiple prison terms are imposed on an offender for	2805
convictions of multiple offenses, the court may require the	2806
offender to serve the prison terms consecutively if the court	2807
finds that the consecutive service is necessary to protect the	2808
public from future crime or to punish the offender and that	2809
consecutive sentences are not disproportionate to the seriousness	2810
of the offender's conduct and to the danger the offender poses to	2811
the public, and if the court also finds any of the following:	2812

(a) The offender committed one or more of the multiple	2813
offenses while the offender was awaiting trial or sentencing, was	2814
under a sanction imposed pursuant to section 2929.16, 2929.17, or	2815
2929.18 of the Revised Code, or was under post-release control for	2816
a prior offense.	2817

(b) At least two of the multiple offenses were committed as	2818
part of one or more courses of conduct, and the harm caused by two	2819
or more of the multiple offenses so committed was so great or	2820
unusual that no single prison term for any of the offenses	2821
committed as part of any of the courses of conduct adequately	2822
reflects the seriousness of the offender's conduct.	2823

(c) The offender's history of criminal conduct demonstrates	2824
that consecutive sentences are necessary to protect the public	2825
from future crime by the offender.	2826

(5) If a mandatory prison term is imposed upon an offender	2827
pursuant to division (B)(5) or (6) of this section, the offender	2828
shall serve the mandatory prison term consecutively to and prior	2829
to any prison term imposed for the underlying violation of	2830
division (A)(1) or (2) of section 2903.06 of the Revised Code	2831
pursuant to division (A) of this section or section 2929.142 of	2832
the Revised Code. If a mandatory prison term is imposed upon an	2833
offender pursuant to division (B)(5) of this section, and if a	2834
mandatory prison term also is imposed upon the offender pursuant	2835
to division (B)(6) of this section in relation to the same	2836
violation, the offender shall serve the mandatory prison term	2837
imposed pursuant to division (B)(5) of this section consecutively	2838
to and prior to the mandatory prison term imposed pursuant to	2839
division (B)(6) of this section and consecutively to and prior to	2840
any prison term imposed for the underlying violation of division	2841
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	2842
division (A) of this section or section 2929.142 of the Revised	2843
Code.	2844

(6) When consecutive prison terms are imposed pursuant to	2845
division (C)(1), (2), (3), (4), or (5) or division (H)(1) or (2)	2846
of this section, the term to be served is the aggregate of all of	2847
the terms so imposed.	2848

(D)(1) If a court imposes a prison term for a felony of the	2849
first degree, for a felony of the second degree, for a felony sex	2850
offense, or for a felony of the third degree that is not a felony	2851
sex offense and in the commission of which the offender caused or	2852
threatened to cause physical harm to a person, it shall include in	2853
the sentence a requirement that the offender be subject to a	2854
period of post-release control after the offender's release from	2855
imprisonment, in accordance with that division. If a court imposes	2856
a sentence including a prison term of a type described in this	2857
division on or after July 11, 2006, the failure of a court to	2858
include a post-release control requirement in the sentence	2859
pursuant to this division does not negate, limit, or otherwise	2860
affect the mandatory period of post-release control that is	2861
required for the offender under division (B) of section 2967.28 of	2862
the Revised Code. Section 2929.191 of the Revised Code applies if,	2863
prior to July 11, 2006, a court imposed a sentence including a	2864
prison term of a type described in this division and failed to	2865
include in the sentence pursuant to this division a statement	2866
regarding post-release control.	2867

(2) If a court imposes a prison term for a felony of the	2868
third, fourth, or fifth degree that is not subject to division	2869
(D)(1) of this section, it shall include in the sentence a	2870
requirement that the offender be subject to a period of	2871
post-release control after the offender's release from	2872
imprisonment, in accordance with that division, if the parole	2873
board determines that a period of post-release control is	2874
necessary. Section 2929.191 of the Revised Code applies if, prior	2875
to July 11, 2006, a court imposed a sentence including a prison	2876
term of a type described in this division and failed to include in	2877
the sentence pursuant to this division a statement regarding	2878
post-release control.	2879

(3) If a court imposes a prison term on or after the	2880
effective date of this amendmentSeptember 30, 2011, for a felony,	2881
it shall include in the sentence a statement notifying the	2882
offender that the offender may be eligible to earn days of credit	2883
under the circumstances specified in section 2967.193 of the	2884
Revised Code. The statement also shall notify the offender that	2885
days of credit are not automatically awarded under that section,	2886
but that they must be earned in the manner specified in that	2887
section. If a court fails to include the statement in the	2888
sentence, the failure does not affect the eligibility of the	2889
offender under section 2967.193 of the Revised Code to earn any	2890
days of credit as a deduction from the offender's stated prison	2891
term or otherwise render any part of that section or any action	2892
taken under that section void or voidable. The failure of a court	2893
to include in a sentence the statement described in this division	2894
does not constitute grounds for setting aside the offender's	2895
conviction or sentence or for granting postconviction relief to	2896
the offender.	2897

(E) The court shall impose sentence upon the offender in	2898
accordance with section 2971.03 of the Revised Code, and Chapter	2899
2971. of the Revised Code applies regarding the prison term or	2900
term of life imprisonment without parole imposed upon the offender	2901
and the service of that term of imprisonment if any of the	2902
following apply:	2903

(1) A person is convicted of or pleads guilty to a violent	2904
sex offense or a designated homicide, assault, or kidnapping	2905
offense, and, in relation to that offense, the offender is	2906
adjudicated a sexually violent predator.	2907

(2) A person is convicted of or pleads guilty to a violation	2908
of division (A)(1)(b) of section 2907.02 of the Revised Code	2909
committed on or after January 2, 2007, and either the court does	2910
not impose a sentence of life without parole when authorized	2911
pursuant to division (B) of section 2907.02 of the Revised Code,	2912
or division (B) of section 2907.02 of the Revised Code provides	2913
that the court shall not sentence the offender pursuant to section	2914
2971.03 of the Revised Code.	2915

(3) A person is convicted of or pleads guilty to attempted	2916
rape committed on or after January 2, 2007, and a specification of	2917
the type described in section 2941.1418, 2941.1419, or 2941.1420	2918
of the Revised Code.	2919

(4) A person is convicted of or pleads guilty to a violation	2920
of section 2905.01 of the Revised Code committed on or after	2921
January 1, 2008, and that section requires the court to sentence	2922
the offender pursuant to section 2971.03 of the Revised Code.	2923

(5) A person is convicted of or pleads guilty to aggravated	2924
murder committed on or after January 1, 2008, and division	2925
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),	2926
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or	2927
(E)(1)(d) of section 2929.03, or division (A) or (B)(C) of section	2928
2929.062929.02 of the Revised Code requires the court to sentence	2929
the offender pursuant to division (B)(3) of section 2971.03 of the	2930
Revised Code.	2931

(6) A person is convicted of or pleads guilty to murder	2932
committed on or after January 1, 2008, and division (B)(2)(C)(1)	2933
of section 2929.02 of the Revised Code requires the court to	2934
sentence the offender pursuant to section 2971.03 of the Revised	2935
Code.	2936

(F) If a person who has been convicted of or pleaded guilty	2937
to a felony is sentenced to a prison term or term of imprisonment	2938
under this section, sectionssection 2929.02 to 2929.06 of the	2939
Revised Code, section 2929.142 of the Revised Code, sectionor	2940
2971.03 of the Revised Code, or any other provision of law,	2941
section 5120.163 of the Revised Code applies regarding the person	2942
while the person is confined in a state correctional institution.	2943

(G) If an offender who is convicted of or pleads guilty to a	2944
felony that is an offense of violence also is convicted of or	2945
pleads guilty to a specification of the type described in section	2946
2941.142 of the Revised Code that charges the offender with having	2947
committed the felony while participating in a criminal gang, the	2948
court shall impose upon the offender an additional prison term of	2949
one, two, or three years.	2950

(H)(1) If an offender who is convicted of or pleads guilty to	2951
aggravated murder, murder, or a felony of the first, second, or	2952
third degree that is an offense of violence also is convicted of	2953
or pleads guilty to a specification of the type described in	2954
section 2941.143 of the Revised Code that charges the offender	2955
with having committed the offense in a school safety zone or	2956
towards a person in a school safety zone, the court shall impose	2957
upon the offender an additional prison term of two years. The	2958
offender shall serve the additional two years consecutively to and	2959
prior to the prison term imposed for the underlying offense.	2960

(2)(a) If an offender is convicted of or pleads guilty to a	2961
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	2962
of the Revised Code and to a specification of the type described	2963
in section 2941.1421 of the Revised Code and if the court imposes	2964
a prison term on the offender for the felony violation, the court	2965
may impose upon the offender an additional prison term as follows:	2966

(i) Subject to division (H)(2)(a)(ii) of this section, an	2967
additional prison term of one, two, three, four, five, or six	2968
months;	2969

(ii) If the offender previously has been convicted of or	2970
pleaded guilty to one or more felony or misdemeanor violations of	2971
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	2972
Revised Code and also was convicted of or pleaded guilty to a	2973
specification of the type described in section 2941.1421 of the	2974
Revised Code regarding one or more of those violations, an	2975
additional prison term of one, two, three, four, five, six, seven,	2976
eight, nine, ten, eleven, or twelve months.	2977

(b) In lieu of imposing an additional prison term under	2978
division (H)(2)(a) of this section, the court may directly impose	2979
on the offender a sanction that requires the offender to wear a	2980
real-time processing, continual tracking electronic monitoring	2981
device during the period of time specified by the court. The	2982
period of time specified by the court shall equal the duration of	2983
an additional prison term that the court could have imposed upon	2984
the offender under division (H)(2)(a) of this section. A sanction	2985
imposed under this division shall commence on the date specified	2986
by the court, provided that the sanction shall not commence until	2987
after the offender has served the prison term imposed for the	2988
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	2989
of the Revised Code and any residential sanction imposed for the	2990
violation under section 2929.16 of the Revised Code. A sanction	2991
imposed under this division shall be considered to be a community	2992
control sanction for purposes of section 2929.15 of the Revised	2993
Code, and all provisions of the Revised Code that pertain to	2994
community control sanctions shall apply to a sanction imposed	2995
under this division, except to the extent that they would by their	2996
nature be clearly inapplicable. The offender shall pay all costs	2997
associated with a sanction imposed under this division, including	2998
the cost of the use of the monitoring device.	2999

(I)(1) At the time of sentencing, the court may recommend the	3000
offender for placement in a program of shock incarceration under	3001
section 5120.031 of the Revised Code or for placement in an	3002
intensive program prison under section 5120.032 of the Revised	3003
Code, disapprove placement of the offender in a program of shock	3004
incarceration or an intensive program prison of that nature, or	3005
make no recommendation on placement of the offender. In no case	3006
shall the department of rehabilitation and correction place the	3007
offender in a program or prison of that nature unless the	3008
department determines as specified in section 5120.031 or 5120.032	3009
of the Revised Code, whichever is applicable, that the offender is	3010
eligible for the placement.	3011

If the court disapproves placement of the offender in a	3012
program or prison of that nature, the department of rehabilitation	3013
and correction shall not place the offender in any program of	3014
shock incarceration or intensive program prison.	3015

If the court recommends placement of the offender in a	3016
program of shock incarceration or in an intensive program prison,	3017
and if the offender is subsequently placed in the recommended	3018
program or prison, the department shall notify the court of the	3019
placement and shall include with the notice a brief description of	3020
the placement.	3021

If the court recommends placement of the offender in a	3022
program of shock incarceration or in an intensive program prison	3023
and the department does not subsequently place the offender in the	3024
recommended program or prison, the department shall send a notice	3025
to the court indicating why the offender was not placed in the	3026
recommended program or prison.	3027

If the court does not make a recommendation under this	3028
division with respect to an offender and if the department	3029
determines as specified in section 5120.031 or 5120.032 of the	3030
Revised Code, whichever is applicable, that the offender is	3031
eligible for placement in a program or prison of that nature, the	3032
department shall screen the offender and determine if there is an	3033
available program of shock incarceration or an intensive program	3034
prison for which the offender is suited. If there is an available	3035
program of shock incarceration or an intensive program prison for	3036
which the offender is suited, the department shall notify the	3037
court of the proposed placement of the offender as specified in	3038
section 5120.031 or 5120.032 of the Revised Code and shall include	3039
with the notice a brief description of the placement. The court	3040
shall have ten days from receipt of the notice to disapprove the	3041
placement.	3042

(L)(J) If a person is convicted of or pleads guilty to	3043
aggravated vehicular homicide in violation of division (A)(1) of	3044
section 2903.06 of the Revised Code and division (B)(2)(c) of that	3045
section applies, the person shall be sentenced pursuant to section	3046
2929.142 of the Revised Code.	3047

Sec. 2941.021.  Any criminal offense whichthat is not	3048
punishable by death or life imprisonment may be prosecuted by	3049
information filed in the common pleas court by the prosecuting	3050
attorney if the defendant, after he hashaving been advised by the	3051
court of the nature of the charge against himthe defendant and of	3052
histhe defendant's rights under the constitution, is represented	3053
by counsel or has affirmatively waived counsel by waiver in	3054
writing and in open court, waives in writing and in open court	3055
prosecution by indictment.	3056

Sec. 2941.14. (A) In an indictment for aggravated murder,	3057
murder, or voluntary or involuntary manslaughter, the manner in	3058
which, or the means by which the death was caused need not be set	3059
forth.	3060

(B) Imposition of the death penalty for aggravated murder is	3061
precluded unless the indictment or count in the indictment	3062
charging the offense specifies one or more of the aggravating	3063
circumstances listed in division (A) of section 2929.04 of the	3064
Revised Code. If more than one aggravating circumstance is	3065
specified to an indictment or count, each shall be in a separately	3066
numbered specification, and if an aggravating circumstance is	3067
specified to a count in an indictment containing more than one	3068
count, such specification shall be identified as to the count to	3069
which it applies.	3070

(C) A specification to an indictment or count in an	3071
indictment charging aggravated murder shall be stated at the end	3072
of the body of the indictment or count, and may be in	3073
substantially the following form:	3074

"SPECIFICATION (or, SPECIFICATION 1, SPECIFICATION TO THE	3075
FIRST COUNT, or SPECIFICATION 1 TO THE FIRST COUNT). The Grand	3076
Jurors further find and specify that (set forth the applicable	3077
aggravating circumstance listed in divisions (A)(1) to (10) of	3078
section 2929.04 of the Revised Code. The aggravating circumstance	3079
may be stated in the words of the subdivision in which it appears,	3080
or in words sufficient to give the accused notice of the same)."	3081

Sec. 2941.148.  (A)(1) The application of Chapter 2971. of	3082
the Revised Code to an offender is precluded unless one of the	3083
following applies:	3084

(a) The offender is charged with a violent sex offense, and	3085
the indictment, count in the indictment, or information charging	3086
the violent sex offense also includes a specification that the	3087
offender is a sexually violent predator, or the offender is	3088
charged with a designated homicide, assault, or kidnapping	3089
offense, and the indictment, count in the indictment, or	3090
information charging the designated homicide, assault, or	3091
kidnapping offense also includes both a specification of the type	3092
described in section 2941.147 of the Revised Code and a	3093
specification that the offender is a sexually violent predator.	3094

(b) The offender is convicted of or pleads guilty to a	3095
violation of division (A)(1)(b) of section 2907.02 of the Revised	3096
Code committed on or after January 2, 2007, and division (B) of	3097
section 2907.02 of the Revised Code does not prohibit the court	3098
from sentencing the offender pursuant to section 2971.03 of the	3099
Revised Code.	3100

(c) The offender is convicted of or pleads guilty to	3101
attempted rape committed on or after January 2, 2007, and to a	3102
specification of the type described in section 2941.1418,	3103
2941.1419, or 2941.1420 of the Revised Code.	3104

(d) The offender is convicted of or pleads guilty to a	3105
violation of section 2905.01 of the Revised Code and to a	3106
specification of the type described in section 2941.147 of the	3107
Revised Code, and section 2905.01 of the Revised Code requires a	3108
court to sentence the offender pursuant to section 2971.03 of the	3109
Revised Code.	3110

(e) The offender is convicted of or pleads guilty to	3111
aggravated murder and to a specification of the type described in	3112
section 2941.147 of the Revised Code, and division (A)(2)(b)(ii)	3113
of section 2929.022, division (A)(1)(e), (C)(1)(a)(v),	3114
(C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section	3115
2929.03, or division (A) or (B)(C)(1) of section 2929.062929.02	3116
of the Revised Code requires a court to sentence the offender	3117
pursuant to division (B)(3) of section 2971.03 of the Revised	3118
Code.	3119

(f) The offender is convicted of or pleads guilty to murder	3120
and to a specification of the type described in section 2941.147	3121
of the Revised Code, and division (B)(2)(C)(1) of section 2929.02	3122
of the Revised Code requires a court to sentence the offender	3123
pursuant to section 2971.03 of the Revised Code.	3124

(2) A specification required under division (A)(1)(a) of this	3125
section that an offender is a sexually violent predator shall be	3126
stated at the end of the body of the indictment, count, or	3127
information and shall be stated in substantially the following	3128
form:	3129

"Specification (or, specification to the first count). The	3130
grand jury (or insert the person's or prosecuting attorney's name	3131
when appropriate) further find and specify that the offender is a	3132
sexually violent predator."	3133

(B) In determining for purposes of this section whether a	3134
person is a sexually violent predator, all of the factors set	3135
forth in divisions (H)(1) to (6) of section 2971.01 of the Revised	3136
Code that apply regarding the person may be considered as evidence	3137
tending to indicate that it is likely that the person will engage	3138
in the future in one or more sexually violent offenses.	3139

(C) As used in this section, "designated homicide, assault,	3140
or kidnapping offense," "violent sex offense," and "sexually	3141
violent predator" have the same meanings as in section 2971.01 of	3142
the Revised Code.	3143

Sec. 2941.401.  When a person has entered upon a term of	3144
imprisonment in a correctional institution of this state, and when	3145
during the continuance of the term of imprisonment there is	3146
pending in this state any untried indictment, information, or	3147
complaint against the prisoner, hethe prisoner shall be brought	3148
to trial within one hundred eighty days after hethe prisoner	3149
causes to be delivered to the prosecuting attorney and the	3150
appropriate court in which the matter is pending, written notice	3151
of the place of histhe prisoner's imprisonment and a request for	3152
a final disposition to be made of the matter, except that for good	3153
cause shown in open court, with the prisoner or histhe prisoner's	3154
counsel present, the court may grant any necessary or reasonable	3155
continuance. The request of the prisoner shall be accompanied by a	3156
certificate of the warden or superintendent having custody of the	3157
prisoner, stating the term of commitment under which the prisoner	3158
is being held, the time served and remaining to be served on the	3159
sentence, the amount of good time earned, the time of parole	3160
eligibility of the prisoner, and any decisions of the adult parole	3161
authority relating to the prisoner.	3162

The written notice and request for final disposition shall be	3163
given or sent by the prisoner to the warden or superintendent	3164
having custody of himthe prisoner, who shall promptly forward it	3165
with the certificate to the appropriate prosecuting attorney and	3166
court by registered or certified mail, return receipt requested.	3167

The warden or superintendent having custody of the prisoner	3168
shall promptly inform himthe prisoner in writing of the source	3169
and contents of any untried indictment, information, or complaint	3170
against himthe prisoner, concerning which the warden or	3171
superintendent has knowledge, and of histhe prisoner's right to	3172
make a request for final disposition thereof.	3173

Escape from custody by the prisoner, subsequent to histhe	3174
prisoner's execution of the request for final disposition, voids	3175
the request.	3176

If the action is not brought to trial within the time	3177
provided, subject to continuance allowed pursuant to this section,	3178
no court any longer has jurisdiction thereof, the indictment,	3179
information, or complaint is void, and the court shall enter an	3180
order dismissing the action with prejudice.	3181

This section does not apply to any person adjudged to be	3182
mentally ill or who is under sentence of life imprisonment or	3183
death, or to any prisoner under sentence of death.	3184

Sec. 2941.43.  If the convict referred to in section 2941.40	3185
of the Revised Code is acquitted, hethe convict shall be	3186
forthwith returned by the sheriff to the state correctional	3187
institution to serve out the remainder of histhe convict's	3188
sentence. If hethe convict is sentenced to imprisonment in a	3189
state correctional institution, hethe convict shall be returned	3190
to the state correctional institution by the sheriff to serve his	3191
newthe convict's term. If he is sentenced to death, the death	3192
sentence shall be executed as if he were not under sentence of	3193
imprisonment in a state correctional institution.	3194

Sec. 2941.51.  (A) Counsel appointed to a case or selected by	3195
an indigent person under division (E) of section 120.16 or	3196
division (E) of section 120.26 of the Revised Code, or otherwise	3197
appointed by the court, except for counsel appointed by the court	3198
to provide legal representation for a person charged with a	3199
violation of an ordinance of a municipal corporation, shall be	3200
paid for their services by the county the compensation and	3201
expenses that the trial court approves. Each request for payment	3202
shall be accompanied by a financial disclosure form and an	3203
affidavit of indigency that are completed by the indigent person	3204
on forms prescribed by the state public defender. Compensation and	3205
expenses shall not exceed the amounts fixed by the board of county	3206
commissioners pursuant to division (B) of this section.	3207

(B) The board of county commissioners shall establish a	3208
schedule of fees by case or on an hourly basis to be paid by the	3209
county for legal services provided by appointed counsel. Prior to	3210
establishing such schedule, the board shall request the bar	3211
association or associations of the county to submit a proposed	3212
schedule. The schedule submitted shall be subject to the review,	3213
amendment, and approval of the board of county commissioners.	3214

(C) In a case where counsel have been appointed to conduct an	3215
appeal under Chapter 120. of the Revised Code, such compensation	3216
shall be fixed by the court of appeals or the supreme court, as	3217
provided in divisions (A) and (B) of this section.	3218

(D) The fees and expenses approved by the court under this	3219
section shall not be taxed as part of the costs and shall be paid	3220
by the county. However, if the person represented has, or	3221
reasonably may be expected to have, the means to meet some part of	3222
the cost of the services rendered to the person, the person shall	3223
pay the county an amount that the person reasonably can be	3224
expected to pay. Pursuant to section 120.04 of the Revised Code,	3225
the county shall pay to the state public defender a percentage of	3226
the payment received from the person in an amount proportionate to	3227
the percentage of the costs of the person's case that were paid to	3228
the county by the state public defender pursuant to this section.	3229
The money paid to the state public defender shall be credited to	3230
the client payment fund created pursuant to division (B)(5) of	3231
section 120.04 of the Revised Code.	3232

(E) The county auditor shall draw a warrant on the county	3233
treasurer for the payment of such counsel in the amount fixed by	3234
the court, plus the expenses that the court fixes and certifies to	3235
the auditor. The county auditor shall report periodically, but not	3236
less than annually, to the board of county commissioners and to	3237
the Ohio public defender commission the amounts paid out pursuant	3238
to the approval of the court under this section, separately	3239
stating costs and expenses that are reimbursable under section	3240
120.35 of the Revised Code. The board, after review and approval	3241
of the auditor's report, may then certify it to the state public	3242
defender for reimbursement. The request for reimbursement shall be	3243
accompanied by a financial disclosure form completed by each	3244
indigent person for whom counsel was provided on a form prescribed	3245
by the state public defender. The state public defender shall	3246
review the report and, in accordance with the standards,	3247
guidelines, and maximums established pursuant to divisions (B)(7)	3248
and (8) of section 120.04 of the Revised Code, pay fifty per cent	3249
of the total cost, other than costs and expenses that are	3250
reimbursable under section 120.35 of the Revised Code, if any, of	3251
paying appointed counsel in each county and pay fifty per cent of	3252
costs and expenses that are reimbursable under section 120.35 of	3253
the Revised Code, if any, to the board.	3254

(F) If any county system for paying appointed counsel fails	3255
to maintain the standards for the conduct of the system	3256
established by the rules of the Ohio public defender commission	3257
pursuant to divisions (B) and (C) of section 120.03 of the Revised	3258
Code or the standards established by the state public defender	3259
pursuant to division (B)(7) of section 120.04 of the Revised Code,	3260
the commission shall notify the board of county commissioners of	3261
the county that the county system for paying appointed counsel has	3262
failed to comply with its rules. Unless the board corrects the	3263
conduct of its appointed counsel system to comply with the rules	3264
within ninety days after the date of the notice, the state public	3265
defender may deny all or part of the county's reimbursement from	3266
the state provided for in this section.	3267

Sec. 2945.06.  In any case in which a defendant waives his	3268
right to trial by jury and elects to be tried by the court under	3269
section 2945.05 of the Revised Code, any judge of the court in	3270
which the cause is pending shall proceed to hear, try, and	3271
determine the cause in accordance with the rules and in like	3272
manner as if the cause were being tried before a jury. If the	3273
accused is charged with an offense punishable with death, he shall	3274
be tried by a court to be composed of three judges, consisting of	3275
the judge presiding at the time in the trial of criminal cases and	3276
two other judges to be designated by the presiding judge or chief	3277
justice of that court, and in case there is neither a presiding	3278
judge nor a chief justice, by the chief justice of the supreme	3279
court. The judges or a majority of them may decide all questions	3280
of fact and law arising upon the trial; however the accused shall	3281
not be found guilty or not guilty of any offense unless the judges	3282
unanimously find the accused guilty or not guilty. If the accused	3283
pleads guilty of aggravated murder, a court composed of three	3284
judges shall examine the witnesses, determine whether the accused	3285
is guilty of aggravated murder or any other offense, and pronounce	3286
sentence accordingly. The court shall follow the procedures	3287
contained in sections 2929.03 and 2929.04 of the Revised Code in	3288
all cases in which the accused is charged with an offense	3289
punishable by death. If in the composition of the court it is	3290
necessary that a judge from another county be assigned by the	3291
chief justice, the judge from another county shall be compensated	3292
for his services as provided by section 141.07 of the Revised	3293
Code.	3294

Sec. 2945.21.  (A)(1) In criminal cases in which there is	3295
only one defendant, each party, in addition to the challenges for	3296
cause authorized by law, may peremptorily challenge three of the	3297
jurors in misdemeanor cases and four of the jurors in felony cases	3298
other than capital cases. If there is more than one defendant,	3299
each defendant may peremptorily challenge the same number of	3300
jurors as if hethe defendant were the sole defendant.	3301

(2) Notwithstanding Criminal Rule 24, in capital cases in	3302
which there is only one defendant, each party, in addition to the	3303
challenges for cause authorized by law, may peremptorily challenge	3304
twelve of the jurors. If there is more than one defendant, each	3305
defendant may peremptorily challenge the same number of jurors as	3306
if he were the sole defendant.	3307

(3) In any case in which there are multiple defendants, the	3308
prosecuting attorney may peremptorily challenge a number of jurors	3309
equal to the total number of peremptory challenges allowed to all	3310
of the defendants.	3311

(B) If any indictments, informations, or complaints are	3312
consolidated for trial, the consolidated cases shall be	3313
considered, for purposes of exercising peremptory challenges, as	3314
though the defendants or offenses had been joined in the same	3315
indictment, information, or complaint.	3316

(C) The exercise of peremptory challenges authorized by this	3317
section shall be in accordance with the procedures of Criminal	3318
Rule 24.	3319

Sec. 2945.25.  A person called as a juror in a criminal case	3320
may be challenged for the following causes:	3321

(A) That hethe person was a member of the grand jury that	3322
found the indictment in the case;	3323

(B) That hethe person is possessed of a state of mind	3324
evincing enmity or bias toward the defendant or the state; but no	3325
person summoned as a juror shall be disqualified by reason of a	3326
previously formed or expressed opinion with reference to the guilt	3327
or innocence of the accused, if the court is satisfied, from	3328
examination of the juror or from other evidence, that hethe juror	3329
will render an impartial verdict according to the law and the	3330
evidence submitted to the jury at the trial;	3331

(C) In the trial of a capital offense, that he unequivocally	3332
states that under no circumstances will he follow the instructions	3333
of a trial judge and consider fairly the imposition of a sentence	3334
of death in a particular case. A prospective juror's conscientious	3335
or religious opposition to the death penalty in and of itself is	3336
not grounds for a challenge for cause. All parties shall be given	3337
wide latitude in voir dire questioning in this regard.	3338

(D) That hethe person is related by consanguinity or	3339
affinity within the fifth degree to the person alleged to be	3340
injured or attempted to be injured by the offense charged, or to	3341
the person on whose complaint the prosecution was instituted, or	3342
to the defendant;	3343

(E)(D) That hethe person served on a petit jury drawn in the	3344
same cause against the same defendant, and that jury was	3345
discharged after hearing the evidence or rendering a verdict on	3346
the evidence that was set aside;	3347

(F)(E) That hethe person served as a juror in a civil case	3348
brought against the defendant for the same act;	3349

(G)(F) That hethe person has been subpoenaed in good faith	3350
as a witness in the case;	3351

(H)(G) That hethe person is a chronic alcoholic, or drug	3352
dependent person;	3353

(I)(H) That hethe person has been convicted of a crime that	3354
by law disqualifies himthe person from serving on a jury;	3355

(J)(I) That hethe person has an action pending between him	3356
the person and the state or the defendant;	3357

(K)(J) That hethe person or histhe person's spouse is a	3358
party to another action then pending in any court in which an	3359
attorney in the cause then on trial is an attorney, either for or	3360
against himthe person;	3361

(L)(K) That hethe person is the person alleged to be injured	3362
or attempted to be injured by the offense charged, or is the	3363
person on whose complaint the prosecution was instituted, or the	3364
defendant;	3365

(M)(L) That hethe person is the employer or employee, or the	3366
spouse, parent, son, or daughter of the employer or employee, or	3367
the counselor, agent, or attorney of any person included in	3368
division (L)(K) of this section;	3369

(N)(M) That English is not histhe person's native language,	3370
and histhe person's knowledge of English is insufficient to	3371
permit himthe person to understand the facts and law in the case;	3372

(O)(N) That hethe person otherwise is unsuitable for any	3373
other cause to serve as a juror.	3374

The validity of each challenge listed in this section shall	3375
be determined by the court.	3376

Sec. 2945.33.  When a cause is finally submitted the jurors	3377
must be kept together in a convenient place under the charge of an	3378
officer until they agree upon a verdict, or are discharged by the	3379
court. The court, except in cases where the offense charged may be	3380
punishable by death, may permit the jurors to separate during the	3381
adjournment of court overnight, under proper cautions, or under	3382
supervision of an officer. Such officer shall not permit a	3383
communication to be made to them, nor make any himself	3384
communication to them except to ask if they have agreed upon a	3385
verdict, unless hethe officer does so by order of the court. Such	3386
officer shall not communicate to any person, before the verdict is	3387
delivered, any matter in relation to their deliberation. Upon the	3388
trial of any prosecution for misdemeanor, the court may permit the	3389
jury to separate during their deliberation, or upon adjournment of	3390
the court overnight.	3391

In cases where the offense charged may be punished by death,	3392
after the case is finally submitted to the jury, the jurors shall	3393
be kept in charge of the proper officer and proper arrangements	3394
for their care and maintenance shall be made as under section	3395
2945.31 of the Revised Code.	3396

Sec. 2945.38.  (A) If the issue of a defendant's competence	3397
to stand trial is raised and if the court, upon conducting the	3398
hearing provided for in section 2945.37 of the Revised Code, finds	3399
that the defendant is competent to stand trial, the defendant	3400
shall be proceeded against as provided by law. If the court finds	3401
the defendant competent to stand trial and the defendant is	3402
receiving psychotropic drugs or other medication, the court may	3403
authorize the continued administration of the drugs or medication	3404
or other appropriate treatment in order to maintain the	3405
defendant's competence to stand trial, unless the defendant's	3406
attending physician advises the court against continuation of the	3407
drugs, other medication, or treatment.	3408

(B)(1)(a) If, after taking into consideration all relevant	3409
reports, information, and other evidence, the court finds that the	3410
defendant is incompetent to stand trial and that there is a	3411
substantial probability that the defendant will become competent	3412
to stand trial within one year if the defendant is provided with a	3413
course of treatment, the court shall order the defendant to	3414
undergo treatment. If the defendant has been charged with a felony	3415
offense and if, after taking into consideration all relevant	3416
reports, information, and other evidence, the court finds that the	3417
defendant is incompetent to stand trial, but the court is unable	3418
at that time to determine whether there is a substantial	3419
probability that the defendant will become competent to stand	3420
trial within one year if the defendant is provided with a course	3421
of treatment, the court shall order continuing evaluation and	3422
treatment of the defendant for a period not to exceed four months	3423
to determine whether there is a substantial probability that the	3424
defendant will become competent to stand trial within one year if	3425
the defendant is provided with a course of treatment.	3426

(b) The court order for the defendant to undergo treatment or	3427
continuing evaluation and treatment under division (B)(1)(a) of	3428
this section shall specify that the defendant, if determined to	3429
require mental health treatment or continuing evaluation and	3430
treatment, shall be committed to the department of mental health	3431
for treatment or continuing evaluation and treatment at a	3432
hospital, facility, or agency, as determined to be clinically	3433
appropriate by the department of mental health and, if determined	3434
to require treatment or continuing evaluation and treatment for a	3435
developmental disability, shall receive treatment or continuing	3436
evaluation and treatment at an institution or facility operated by	3437
the department of developmental disabilities, at a facility	3438
certified by the department of developmental disabilities as being	3439
qualified to treat mental retardation, at a public or private	3440
community mental retardation facility, or by a mental retardation	3441
professional. The order may restrict the defendant's freedom of	3442
movement as the court considers necessary. The prosecutor in the	3443
defendant's case shall send to the chief clinical officer of the	3444
hospital, facility, or agency where the defendant is placed by the	3445
department of mental health, or to the managing officer of the	3446
institution, the director of the facility, or the person to which	3447
the defendant is committed, copies of relevant police reports and	3448
other background information that pertains to the defendant and is	3449
available to the prosecutor unless the prosecutor determines that	3450
the release of any of the information in the police reports or any	3451
of the other background information to unauthorized persons would	3452
interfere with the effective prosecution of any person or would	3453
create a substantial risk of harm to any person.	3454

In committing the defendant to the department of mental	3455
health, the court shall consider the extent to which the person is	3456
a danger to the person and to others, the need for security, and	3457
the type of crime involved and, if the court finds that	3458
restrictions on the defendant's freedom of movement are necessary,	3459
shall specify the least restrictive limitations on the person's	3460
freedom of movement determined to be necessary to protect public	3461
safety. In determining commitment alternatives for defendants	3462
determined to require treatment or continuing evaluation and	3463
treatment for developmental disabilities, the court shall consider	3464
the extent to which the person is a danger to the person and to	3465
others, the need for security, and the type of crime involved and	3466
shall order the least restrictive alternative available that is	3467
consistent with public safety and treatment goals. In weighing	3468
these factors, the court shall give preference to protecting	3469
public safety.	3470

(c) If the defendant is found incompetent to stand trial, if	3471
the chief clinical officer of the hospital, facility, or agency	3472
where the defendant is placed, or the managing officer of the	3473
institution, the director of the facility, or the person to which	3474
the defendant is committed for treatment or continuing evaluation	3475
and treatment under division (B)(1)(b) of this section determines	3476
that medication is necessary to restore the defendant's competency	3477
to stand trial, and if the defendant lacks the capacity to give	3478
informed consent or refuses medication, the chief clinical officer	3479
of the hospital, facility, or agency where the defendant is	3480
placed, or the managing officer of the institution, the director	3481
of the facility, or the person to which the defendant is committed	3482
for treatment or continuing evaluation and treatment may petition	3483
the court for authorization for the involuntary administration of	3484
medication. The court shall hold a hearing on the petition within	3485
five days of the filing of the petition if the petition was filed	3486
in a municipal court or a county court regarding an incompetent	3487
defendant charged with a misdemeanor or within ten days of the	3488
filing of the petition if the petition was filed in a court of	3489
common pleas regarding an incompetent defendant charged with a	3490
felony offense. Following the hearing, the court may authorize the	3491
involuntary administration of medication or may dismiss the	3492
petition.	3493

(d) If the defendant is charged with a misdemeanor offense	3494
that is not an offense of violence, the prosecutor may hold the	3495
charges in abeyance while the defendant engages in mental health	3496
treatment or developmental disability services.	3497

(2) If the court finds that the defendant is incompetent to	3498
stand trial and that, even if the defendant is provided with a	3499
course of treatment, there is not a substantial probability that	3500
the defendant will become competent to stand trial within one	3501
year, the court shall order the discharge of the defendant, unless	3502
upon motion of the prosecutor or on its own motion, the court	3503
either seeks to retain jurisdiction over the defendant pursuant to	3504
section 2945.39 of the Revised Code or files an affidavit in the	3505
probate court for the civil commitment of the defendant pursuant	3506
to Chapter 5122. or 5123. of the Revised Code alleging that the	3507
defendant is a mentally ill person subject to hospitalization by	3508
court order or a mentally retarded person subject to	3509
institutionalization by court order. If an affidavit is filed in	3510
the probate court, the trial court shall send to the probate court	3511
copies of all written reports of the defendant's mental condition	3512
that were prepared pursuant to section 2945.371 of the Revised	3513
Code.	3514

The trial court may issue the temporary order of detention	3515
that a probate court may issue under section 5122.11 or 5123.71 of	3516
the Revised Code, to remain in effect until the probable cause or	3517
initial hearing in the probate court. Further proceedings in the	3518
probate court are civil proceedings governed by Chapter 5122. or	3519
5123. of the Revised Code.	3520

(C) No defendant shall be required to undergo treatment,	3521
including any continuing evaluation and treatment, under division	3522
(B)(1) of this section for longer than whichever of the following	3523
periods is applicable:	3524

(1) One year, if the most serious offense with which the	3525
defendant is charged is one of the following offenses:	3526

(a) Aggravated murder, murder, or an offense of violence for	3527
which a sentence of death or life imprisonment may be imposed;	3528

(b) An offense of violence that is a felony of the first or	3529
second degree;	3530

(c) A conspiracy to commit, an attempt to commit, or	3531
complicity in the commission of an offense described in division	3532
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	3533
complicity is a felony of the first or second degree.	3534

(2) Six months, if the most serious offense with which the	3535
defendant is charged is a felony other than a felony described in	3536
division (C)(1) of this section;	3537

(3) Sixty days, if the most serious offense with which the	3538
defendant is charged is a misdemeanor of the first or second	3539
degree;	3540

(4) Thirty days, if the most serious offense with which the	3541
defendant is charged is a misdemeanor of the third or fourth	3542
degree, a minor misdemeanor, or an unclassified misdemeanor.	3543

(D) Any defendant who is committed pursuant to this section	3544
shall not voluntarily admit the defendant or be voluntarily	3545
admitted to a hospital or institution pursuant to section 5122.02,	3546
5122.15, 5123.69, or 5123.76 of the Revised Code.	3547

(E) Except as otherwise provided in this division, a	3548
defendant who is charged with an offense and is committed by the	3549
court under this section to the department of mental health with	3550
restrictions on the defendant's freedom of movement or is	3551
committed to an institution or facility for the treatment of	3552
developmental disabilities shall not be granted unsupervised	3553
on-grounds movement, supervised off-grounds movement, or	3554
nonsecured status except in accordance with the court order. The	3555
court may grant a defendant supervised off-grounds movement to	3556
obtain medical treatment or specialized habilitation treatment	3557
services if the person who supervises the treatment or the	3558
continuing evaluation and treatment of the defendant ordered under	3559
division (B)(1)(a) of this section informs the court that the	3560
treatment or continuing evaluation and treatment cannot be	3561
provided at the hospital or facility where the defendant is placed	3562
by the department of mental health or the institution or facility	3563
to which the defendant is committed. The chief clinical officer of	3564
the hospital or facility where the defendant is placed by the	3565
department of mental health or the managing officer of the	3566
institution or director of the facility to which the defendant is	3567
committed, or a designee of any of those persons, may grant a	3568
defendant movement to a medical facility for an emergency medical	3569
situation with appropriate supervision to ensure the safety of the	3570
defendant, staff, and community during that emergency medical	3571
situation. The chief clinical officer of the hospital or facility	3572
where the defendant is placed by the department of mental health	3573
or the managing officer of the institution or director of the	3574
facility to which the defendant is committed shall notify the	3575
court within twenty-four hours of the defendant's movement to the	3576
medical facility for an emergency medical situation under this	3577
division.	3578

(F) The person who supervises the treatment or continuing	3579
evaluation and treatment of a defendant ordered to undergo	3580
treatment or continuing evaluation and treatment under division	3581
(B)(1)(a) of this section shall file a written report with the	3582
court at the following times:	3583

(1) Whenever the person believes the defendant is capable of	3584
understanding the nature and objective of the proceedings against	3585
the defendant and of assisting in the defendant's defense;	3586

(2) For a felony offense, fourteen days before expiration of	3587
the maximum time for treatment as specified in division (C) of	3588
this section and fourteen days before the expiration of the	3589
maximum time for continuing evaluation and treatment as specified	3590
in division (B)(1)(a) of this section, and, for a misdemeanor	3591
offense, ten days before the expiration of the maximum time for	3592
treatment, as specified in division (C) of this section;	3593

(3) At a minimum, after each six months of treatment;

3594

(4) Whenever the person who supervises the treatment or	3595
continuing evaluation and treatment of a defendant ordered under	3596
division (B)(1)(a) of this section believes that there is not a	3597
substantial probability that the defendant will become capable of	3598
understanding the nature and objective of the proceedings against	3599
the defendant or of assisting in the defendant's defense even if	3600
the defendant is provided with a course of treatment.	3601

(G) A report under division (F) of this section shall contain	3602
the examiner's findings, the facts in reasonable detail on which	3603
the findings are based, and the examiner's opinion as to the	3604
defendant's capability of understanding the nature and objective	3605
of the proceedings against the defendant and of assisting in the	3606
defendant's defense. If, in the examiner's opinion, the defendant	3607
remains incapable of understanding the nature and objective of the	3608
proceedings against the defendant and of assisting in the	3609
defendant's defense and there is a substantial probability that	3610
the defendant will become capable of understanding the nature and	3611
objective of the proceedings against the defendant and of	3612
assisting in the defendant's defense if the defendant is provided	3613
with a course of treatment, if in the examiner's opinion the	3614
defendant remains mentally ill or mentally retarded, and if the	3615
maximum time for treatment as specified in division (C) of this	3616
section has not expired, the report also shall contain the	3617
examiner's recommendation as to the least restrictive placement or	3618
commitment alternative that is consistent with the defendant's	3619
treatment needs for restoration to competency and with the safety	3620
of the community. The court shall provide copies of the report to	3621
the prosecutor and defense counsel.	3622

(H) If a defendant is committed pursuant to division (B)(1)	3623
of this section, within ten days after the treating physician of	3624
the defendant or the examiner of the defendant who is employed or	3625
retained by the treating facility advises that there is not a	3626
substantial probability that the defendant will become capable of	3627
understanding the nature and objective of the proceedings against	3628
the defendant or of assisting in the defendant's defense even if	3629
the defendant is provided with a course of treatment, within ten	3630
days after the expiration of the maximum time for treatment as	3631
specified in division (C) of this section, within ten days after	3632
the expiration of the maximum time for continuing evaluation and	3633
treatment as specified in division (B)(1)(a) of this section,	3634
within thirty days after a defendant's request for a hearing that	3635
is made after six months of treatment, or within thirty days after	3636
being advised by the treating physician or examiner that the	3637
defendant is competent to stand trial, whichever is the earliest,	3638
the court shall conduct another hearing to determine if the	3639
defendant is competent to stand trial and shall do whichever of	3640
the following is applicable:	3641

(1) If the court finds that the defendant is competent to	3642
stand trial, the defendant shall be proceeded against as provided	3643
by law.	3644

(2) If the court finds that the defendant is incompetent to	3645
stand trial, but that there is a substantial probability that the	3646
defendant will become competent to stand trial if the defendant is	3647
provided with a course of treatment, and the maximum time for	3648
treatment as specified in division (C) of this section has not	3649
expired, the court, after consideration of the examiner's	3650
recommendation, shall order that treatment be continued, may	3651
change the least restrictive limitations on the defendant's	3652
freedom of movement, and, if applicable, shall specify whether the	3653
treatment for developmental disabilities is to be continued at the	3654
same or a different facility or institution.	3655

(3) If the court finds that the defendant is incompetent to	3656
stand trial, if the defendant is charged with an offense listed in	3657
division (C)(1) of this section, and if the court finds that there	3658
is not a substantial probability that the defendant will become	3659
competent to stand trial even if the defendant is provided with a	3660
course of treatment, or if the maximum time for treatment relative	3661
to that offense as specified in division (C) of this section has	3662
expired, further proceedings shall be as provided in sections	3663
2945.39, 2945.401, and 2945.402 of the Revised Code.	3664

(4) If the court finds that the defendant is incompetent to	3665
stand trial, if the most serious offense with which the defendant	3666
is charged is a misdemeanor or a felony other than a felony listed	3667
in division (C)(1) of this section, and if the court finds that	3668
there is not a substantial probability that the defendant will	3669
become competent to stand trial even if the defendant is provided	3670
with a course of treatment, or if the maximum time for treatment	3671
relative to that offense as specified in division (C) of this	3672
section has expired, the court shall dismiss the indictment,	3673
information, or complaint against the defendant. A dismissal under	3674
this division is not a bar to further prosecution based on the	3675
same conduct. The court shall discharge the defendant unless the	3676
court or prosecutor files an affidavit in probate court for civil	3677
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	3678
If an affidavit for civil commitment is filed, the court may	3679
detain the defendant for ten days pending civil commitment. All of	3680
the following provisions apply to persons charged with a	3681
misdemeanor or a felony other than a felony listed in division	3682
(C)(1) of this section who are committed by the probate court	3683
subsequent to the court's or prosecutor's filing of an affidavit	3684
for civil commitment under authority of this division:	3685

(a) The chief clinical officer of the entity, hospital, or	3686
facility, the managing officer of the institution, or the person	3687
to which the defendant is committed or admitted shall do all of	3688
the following:	3689

(i) Notify the prosecutor, in writing, of the discharge of	3690
the defendant, send the notice at least ten days prior to the	3691
discharge unless the discharge is by the probate court, and state	3692
in the notice the date on which the defendant will be discharged;	3693

(ii) Notify the prosecutor, in writing, when the defendant is	3694
absent without leave or is granted unsupervised, off-grounds	3695
movement, and send this notice promptly after the discovery of the	3696
absence without leave or prior to the granting of the	3697
unsupervised, off-grounds movement, whichever is applicable;	3698

(iii) Notify the prosecutor, in writing, of the change of the	3699
defendant's commitment or admission to voluntary status, send the	3700
notice promptly upon learning of the change to voluntary status,	3701
and state in the notice the date on which the defendant was	3702
committed or admitted on a voluntary status.	3703

(b) Upon receiving notice that the defendant will be granted	3704
unsupervised, off-grounds movement, the prosecutor either shall	3705
re-indict the defendant or promptly notify the court that the	3706
prosecutor does not intend to prosecute the charges against the	3707
defendant.	3708

(I) If a defendant is convicted of a crime and sentenced to a	3709
jail or workhouse, the defendant's sentence shall be reduced by	3710
the total number of days the defendant is confined for evaluation	3711
to determine the defendant's competence to stand trial or	3712
treatment under this section and sections 2945.37 and 2945.371 of	3713
the Revised Code or by the total number of days the defendant is	3714
confined for evaluation to determine the defendant's mental	3715
condition at the time of the offense charged.	3716

Sec. 2949.02.  (A) If a person is convicted of any bailable	3717
offense, including, but not limited to, a violation of an	3718
ordinance of a municipal corporation, in a municipal or county	3719
court or in a court of common pleas and if the person gives to the	3720
trial judge or magistrate a written notice of the person's	3721
intention to file or apply for leave to file an appeal to the	3722
court of appeals, the trial judge or magistrate may suspend,	3723
subject to division (A)(2)(b) of section 2953.09 of the Revised	3724
Code, execution of the sentence or judgment imposed for any fixed	3725
time that will give the person time either to prepare and file, or	3726
to apply for leave to file, the appeal. In all bailable cases,	3727
except as provided in division (B) of this section, the trial	3728
judge or magistrate may release the person on bail in accordance	3729
with Criminal Rule 46, and the bail shall at least be conditioned	3730
that the person will appeal without delay and abide by the	3731
judgment and sentence of the court.	3732

(B) Notwithstanding any provision of Criminal Rule 46 to the	3733
contrary, a trial judge of a court of common pleas shall not	3734
release on bail pursuant to division (A) of this section a person	3735
who is convicted of a bailable offense if the person is sentenced	3736
to imprisonment for life or if that offense is a violation of	3737
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2905.01,	3738
2905.02, 2905.11, 2907.02, 2909.02, 2911.01, 2911.02, or 2911.11	3739
of the Revised Code or is felonious sexual penetration in	3740
violation of former section 2907.12 of the Revised Code.	3741

(C) If a trial judge of a court of common pleas is prohibited	3742
by division (B) of this section from releasing on bail pursuant to	3743
division (A) of this section a person who is convicted of a	3744
bailable offense and not sentenced to imprisonment for life, the	3745
appropriate court of appeals or two judges of it, upon motion of	3746
such a person and for good cause shown, may release the person on	3747
bail in accordance with Appellate Rule 8 and Criminal Rule 46, and	3748
the bail shall at least be conditioned as described in division	3749
(A) of this section.	3750

Sec. 2949.03.  If a judgment of conviction by a court of	3751
common pleas, municipal court, or county court is affirmed by a	3752
court of appeals and remanded to the trial court for execution of	3753
the sentence or judgment imposed, and the person so convicted	3754
gives notice of histhe person's intention to file a notice of	3755
appeal to the supreme court, the trial court, on the filing of a	3756
motion by such person within three days after the rendition by the	3757
court of appeals of the judgment of affirmation, may further	3758
suspend, subject to division (A)(2)(b) of section 2953.09 of the	3759
Revised Code, the execution of the sentence or judgment imposed	3760
for a time sufficient to give such person an opportunity to file a	3761
notice of appeal to the supreme court, but the sentence or	3762
judgment imposed shall not be suspended more than thirty days for	3763
that purpose.	3764

Sec. 2953.02.  In a capital case in which a sentence of death	3765
is imposed for an offense committed before January 1, 1995, and in	3766
any other criminal case, including a conviction for the violation	3767
of an ordinance of a municipal corporation, the judgment or final	3768
order of a court of record inferior to the court of appeals may be	3769
reviewed in the court of appeals. A final order of an	3770
administrative officer or agency may be reviewed in the court of	3771
common pleas. A judgment or final order of the court of appeals	3772
involving a question arising under the Constitution of the United	3773
States or of this state may be appealed to the supreme court as a	3774
matter of right. This right of appeal from judgments and final	3775
orders of the court of appeals shall extend to cases in which a	3776
sentence of death is imposed for an offense committed before	3777
January 1, 1995, and in which the death penalty has been affirmed,	3778
felony cases in which the supreme court has directed the court of	3779
appeals to certify its record, and in all other criminal cases of	3780
public or general interest wherein the supreme court has granted a	3781
motion to certify the record of the court of appeals. In a capital	3782
case in which a sentence of death is imposed for an offense	3783
committed on or after January 1, 1995, the judgment or final order	3784
may be appealed from the trial court directly to the supreme court	3785
as a matter of right. The supreme court in criminal cases shall	3786
not be required to determine as to the weight of the evidence,	3787
except that, in cases in which a sentence of death is imposed for	3788
an offense committed on or after January 1, 1995, and in which the	3789
question of the weight of the evidence to support the judgment has	3790
been raised on appeal, the supreme court shall determine as to the	3791
weight of the evidence to support the judgment and shall determine	3792
as to the weight of the evidence to support the sentence of death	3793
as provided in section 2929.05 of the Revised Code.	3794

Sec. 2953.07. (A) Upon the hearing of an appeal other than	3795
an appeal from a mayor's court, the appellate court may affirm the	3796
judgment or reverse it, in whole or in part, or modify it, and	3797
order the accused to be discharged or grant a new trial. The	3798
appellate court may remand the accused for the sole purpose of	3799
correcting a sentence imposed contrary to law, provided that, on	3800
an appeal of a sentence imposed upon a person who is convicted of	3801
or pleads guilty to a felony that is brought under section 2953.08	3802
of the Revised Code, division (G) of that section applies to the	3803
court. If the judgment is reversed, the appellant shall recover	3804
from the appellee all court costs incurred to secure the reversal,	3805
including the cost of transcripts. In capital cases, when the	3806
judgment is affirmed and the day fixed for the execution is	3807
passed, the appellate court shall appoint a day for it, and the	3808
clerk of the appellate court shall issue a warrant under the seal	3809
of the appellate court, to the sheriff of the proper county, or	3810
the warden of the appropriate state correctional institution,	3811
commanding the sheriff or warden to carry the sentence into	3812
execution on the day so appointed. The sheriff or warden shall	3813
execute and return the warrant as in other cases, and the clerk	3814
shall record the warrant and return.	3815

(B) As used in this section, "appellate court" means, for a	3816
case in which a sentence of death is imposed for an offense	3817
committed before January 1, 1995, both the court of appeals and	3818
the supreme court, and for a case in which a sentence of death is	3819
imposed for an offense committed on or after January 1, 1995, the	3820
supreme court.	3821

Sec. 2953.08.  (A) In addition to any other right to appeal	3822
and except as provided in division (D) of this section, a	3823
defendant who is convicted of or pleads guilty to a felony may	3824
appeal as a matter of right the sentence imposed upon the	3825
defendant on one of the following grounds:	3826

(1) The sentence consisted of or included the maximum prison	3827
term allowed for the offense by division (A) of section 2929.14 or	3828
section 2929.142 of the Revised Code, the maximum prison term was	3829
not required for the offense pursuant to Chapter 2925. or any	3830
other provision of the Revised Code, and the court imposed the	3831
sentence under one of the following circumstances:	3832

(a) The sentence was imposed for only one offense.

3833

(b) The sentence was imposed for two or more offenses arising	3834
out of a single incident, and the court imposed the maximum prison	3835
term for the offense of the highest degree.	3836

(2) The sentence consisted of or included a prison term, the	3837
offense for which it was imposed is a felony of the fourth or	3838
fifth degree or is a felony drug offense that is a violation of a	3839
provision of Chapter 2925. of the Revised Code and that is	3840
specified as being subject to division (B) of section 2929.13 of	3841
the Revised Code for purposes of sentencing, and the court did not	3842
specify at sentencing that it found one or more factors specified	3843
in divisions (B)(1)(2)(a) to (i) of section 2929.13 of the Revised	3844
Code to apply relative to the defendant. If the court specifies	3845
that it found one or more of those factors to apply relative to	3846
the defendant, the defendant is not entitled under this division	3847
to appeal as a matter of right the sentence imposed upon the	3848
offender.	3849

(3) The person was convicted of or pleaded guilty to a	3850
violent sex offense or a designated homicide, assault, or	3851
kidnapping offense, was adjudicated a sexually violent predator in	3852
relation to that offense, and was sentenced pursuant to division	3853
(A)(3) of section 2971.03 of the Revised Code, if the minimum term	3854
of the indefinite term imposed pursuant to division (A)(3) of	3855
section 2971.03 of the Revised Code is the longest term available	3856
for the offense from among the range of terms listed in section	3857
2929.14 of the Revised Code. As used in this division, "designated	3858
homicide, assault, or kidnapping offense" and "violent sex	3859
offense" have the same meanings as in section 2971.01 of the	3860
Revised Code. As used in this division, "adjudicated a sexually	3861
violent predator" has the same meaning as in section 2929.01 of	3862
the Revised Code, and a person is "adjudicated a sexually violent	3863
predator" in the same manner and the same circumstances as are	3864
described in that section.	3865

(4) The sentence is contrary to law.

3866

(5) The sentence consisted of an additional prison term of	3867
ten years imposed pursuant to division (B)(2)(a) of section	3868
2929.14 of the Revised Code.	3869

(B) In addition to any other right to appeal and except as	3870
provided in division (D) of this section, a prosecuting attorney,	3871
a city director of law, village solicitor, or similar chief legal	3872
officer of a municipal corporation, or the attorney general, if	3873
one of those persons prosecuted the case, may appeal as a matter	3874
of right a sentence imposed upon a defendant who is convicted of	3875
or pleads guilty to a felony or, in the circumstances described in	3876
division (B)(3) of this section the modification of a sentence	3877
imposed upon such a defendant, on any of the following grounds:	3878

(1) The sentence did not include a prison term despite a	3879
presumption favoring a prison term for the offense for which it	3880
was imposed, as set forth in section 2929.13 or Chapter 2925. of	3881
the Revised Code.	3882

(2) The sentence is contrary to law.

3883

(3) The sentence is a modification under section 2929.20 of	3884
the Revised Code of a sentence that was imposed for a felony of	3885
the first or second degree.	3886

(C)(1) In addition to the right to appeal a sentence granted	3887
under division (A) or (B) of this section, a defendant who is	3888
convicted of or pleads guilty to a felony may seek leave to appeal	3889
a sentence imposed upon the defendant on the basis that the	3890
sentencing judge has imposed consecutive sentences under division	3891
(C)(3) of section 2929.14 of the Revised Code and that the	3892
consecutive sentences exceed the maximum prison term allowed by	3893
division (A) of that section for the most serious offense of which	3894
the defendant was convicted. Upon the filing of a motion under	3895
this division, the court of appeals may grant leave to appeal the	3896
sentence if the court determines that the allegation included as	3897
the basis of the motion is true.	3898

(2) A defendant may seek leave to appeal an additional	3899
sentence imposed upon the defendant pursuant to division (B)(2)(a)	3900
or (b) of section 2929.14 of the Revised Code if the additional	3901
sentence is for a definite prison term that is longer than five	3902
years.	3903

(D)(1) A sentence imposed upon a defendant is not subject to	3904
review under this section if the sentence is authorized by law,	3905
has been recommended jointly by the defendant and the prosecution	3906
in the case, and is imposed by a sentencing judge.	3907

(2) Except as provided in division (C)(2) of this section, a	3908
sentence imposed upon a defendant is not subject to review under	3909
this section if the sentence is imposed pursuant to division	3910
(B)(2)(b) of section 2929.14 of the Revised Code. Except as	3911
otherwise provided in this division, a defendant retains all	3912
rights to appeal as provided under this chapter or any other	3913
provision of the Revised Code. A defendant has the right to appeal	3914
under this chapter or any other provision of the Revised Code the	3915
court's application of division (B)(2)(c) of section 2929.14 of	3916
the Revised Code.	3917

(3) A sentence imposed for aggravated murder or murder	3918
pursuant to sectionssection 2929.02 to 2929.06 of the Revised	3919
Code is not subject to review under this section.	3920

(E) A defendant, prosecuting attorney, city director of law,	3921
village solicitor, or chief municipal legal officer shall file an	3922
appeal of a sentence under this section to a court of appeals	3923
within the time limits specified in Rule 4(B) of the Rules of	3924
Appellate Procedure, provided that if the appeal is pursuant to	3925
division (B)(3) of this section, the time limits specified in that	3926
rule shall not commence running until the court grants the motion	3927
that makes the sentence modification in question. A sentence	3928
appeal under this section shall be consolidated with any other	3929
appeal in the case. If no other appeal is filed, the court of	3930
appeals may review only the portions of the trial record that	3931
pertain to sentencing.	3932

(F) On the appeal of a sentence under this section, the	3933
record to be reviewed shall include all of the following, as	3934
applicable:	3935

(1) Any presentence, psychiatric, or other investigative	3936
report that was submitted to the court in writing before the	3937
sentence was imposed. An appellate court that reviews a	3938
presentence investigation report prepared pursuant to section	3939
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in	3940
connection with the appeal of a sentence under this section shall	3941
comply with division (D)(3) of section 2951.03 of the Revised Code	3942
when the appellate court is not using the presentence	3943
investigation report, and the appellate court's use of a	3944
presentence investigation report of that nature in connection with	3945
the appeal of a sentence under this section does not affect the	3946
otherwise confidential character of the contents of that report as	3947
described in division (D)(1) of section 2951.03 of the Revised	3948
Code and does not cause that report to become a public record, as	3949
defined in section 149.43 of the Revised Code, following the	3950
appellate court's use of the report.	3951

(2) The trial record in the case in which the sentence was	3952
imposed;	3953

(3) Any oral or written statements made to or by the court at	3954
the sentencing hearing at which the sentence was imposed;	3955

(4) Any written findings that the court was required to make	3956
in connection with the modification of the sentence pursuant to a	3957
judicial release under division (I) of section 2929.20 of the	3958
Revised Code.	3959

(G)(1) If the sentencing court was required to make the	3960
findings required by division (B) or (D) of section 2929.13 or	3961
division (I) of section 2929.20 of the Revised Code, or to state	3962
the findings of the trier of fact required by division (B)(2)(e)	3963
of section 2929.14 of the Revised Code, relative to the imposition	3964
or modification of the sentence, and if the sentencing court	3965
failed to state the required findings on the record, the court	3966
hearing an appeal under division (A), (B), or (C) of this section	3967
shall remand the case to the sentencing court and instruct the	3968
sentencing court to state, on the record, the required findings.	3969

(2) The court hearing an appeal under division (A), (B), or	3970
(C) of this section shall review the record, including the	3971
findings underlying the sentence or modification given by the	3972
sentencing court.	3973

The appellate court may increase, reduce, or otherwise modify	3974
a sentence that is appealed under this section or may vacate the	3975
sentence and remand the matter to the sentencing court for	3976
resentencing. The appellate court's standard for review is not	3977
whether the sentencing court abused its discretion. The appellate	3978
court may take any action authorized by this division if it	3979
clearly and convincingly finds either of the following:	3980

(a) That the record does not support the sentencing court's	3981
findings under division (B) or (D) of section 2929.13, division	3982
(B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section	3983
2929.20 of the Revised Code, whichever, if any, is relevant;	3984

(b) That the sentence is otherwise contrary to law.

3985

(H) A judgment or final order of a court of appeals under	3986
this section may be appealed, by leave of court, to the supreme	3987
court.	3988

(I)(1) There is hereby established the felony sentence appeal	3989
cost oversight committee, consisting of eight members. One member	3990
shall be the chief justice of the supreme court or a	3991
representative of the court designated by the chief justice, one	3992
member shall be a member of the senate appointed by the president	3993
of the senate, one member shall be a member of the house of	3994
representatives appointed by the speaker of the house of	3995
representatives, one member shall be the director of budget and	3996
management or a representative of the office of budget and	3997
management designated by the director, one member shall be a judge	3998
of a court of appeals, court of common pleas, municipal court, or	3999
county court appointed by the chief justice of the supreme court,	4000
one member shall be the state public defender or a representative	4001
of the office of the state public defender designated by the state	4002
public defender, one member shall be a prosecuting attorney	4003
appointed by the Ohio prosecuting attorneys association, and one	4004
member shall be a county commissioner appointed by the county	4005
commissioners association of Ohio. No more than three of the	4006
appointed members of the committee may be members of the same	4007
political party.	4008

The president of the senate, the speaker of the house of	4009
representatives, the chief justice of the supreme court, the Ohio	4010
prosecuting attorneys association, and the county commissioners	4011
association of Ohio shall make the initial appointments to the	4012
committee of the appointed members no later than ninety days after	4013
July 1, 1996. Of those initial appointments to the committee, the	4014
members appointed by the speaker of the house of representatives	4015
and the Ohio prosecuting attorneys association shall serve a term	4016
ending two years after July 1, 1996, the member appointed by the	4017
chief justice of the supreme court shall serve a term ending three	4018
years after July 1, 1996, and the members appointed by the	4019
president of the senate and the county commissioners association	4020
of Ohio shall serve terms ending four years after July 1, 1996.	4021
Thereafter, terms of office of the appointed members shall be for	4022
four years, with each term ending on the same day of the same	4023
month as did the term that it succeeds. Members may be	4024
reappointed. Vacancies shall be filled in the same manner provided	4025
for original appointments. A member appointed to fill a vacancy	4026
occurring prior to the expiration of the term for which that	4027
member's predecessor was appointed shall hold office as a member	4028
for the remainder of the predecessor's term. An appointed member	4029
shall continue in office subsequent to the expiration date of that	4030
member's term until that member's successor takes office or until	4031
a period of sixty days has elapsed, whichever occurs first.	4032

If the chief justice of the supreme court, the director of	4033
the office of budget and management, or the state public defender	4034
serves as a member of the committee, that person's term of office	4035
as a member shall continue for as long as that person holds office	4036
as chief justice, director of the office of budget and management,	4037
or state public defender. If the chief justice of the supreme	4038
court designates a representative of the court to serve as a	4039
member, the director of budget and management designates a	4040
representative of the office of budget and management to serve as	4041
a member, or the state public defender designates a representative	4042
of the office of the state public defender to serve as a member,	4043
the person so designated shall serve as a member of the commission	4044
for as long as the official who made the designation holds office	4045
as chief justice, director of the office of budget and management,	4046
or state public defender or until that official revokes the	4047
designation.	4048

The chief justice of the supreme court or the representative	4049
of the supreme court appointed by the chief justice shall serve as	4050
chairperson of the committee. The committee shall meet within two	4051
weeks after all appointed members have been appointed and shall	4052
organize as necessary. Thereafter, the committee shall meet at	4053
least once every six months or more often upon the call of the	4054
chairperson or the written request of three or more members,	4055
provided that the committee shall not meet unless moneys have been	4056
appropriated to the judiciary budget administered by the supreme	4057
court specifically for the purpose of providing financial	4058
assistance to counties under division (I)(2) of this section and	4059
the moneys so appropriated then are available for that purpose.	4060

The members of the committee shall serve without	4061
compensation, but, if moneys have been appropriated to the	4062
judiciary budget administered by the supreme court specifically	4063
for the purpose of providing financial assistance to counties	4064
under division (I)(2) of this section, each member shall be	4065
reimbursed out of the moneys so appropriated that then are	4066
available for actual and necessary expenses incurred in the	4067
performance of official duties as a committee member.	4068

(2) The state criminal sentencing commission periodically	4069
shall provide to the felony sentence appeal cost oversight	4070
committee all data the commission collects pursuant to division	4071
(A)(5) of section 181.25 of the Revised Code. Upon receipt of the	4072
data from the state criminal sentencing commission, the felony	4073
sentence appeal cost oversight committee periodically shall review	4074
the data; determine whether any money has been appropriated to the	4075
judiciary budget administered by the supreme court specifically	4076
for the purpose of providing state financial assistance to	4077
counties in accordance with this division for the increase in	4078
expenses the counties experience as a result of the felony	4079
sentence appeal provisions set forth in this section or as a	4080
result of a postconviction relief proceeding brought under	4081
division (A)(2) of section 2953.21 of the Revised Code or an	4082
appeal of a judgment in that proceeding; if it determines that any	4083
money has been so appropriated, determine the total amount of	4084
moneys that have been so appropriated specifically for that	4085
purpose and that then are available for that purpose; and develop	4086
a recommended method of distributing those moneys to the counties.	4087
The committee shall send a copy of its recommendation to the	4088
supreme court. Upon receipt of the committee's recommendation, the	4089
supreme court shall distribute to the counties, based upon that	4090
recommendation, the moneys that have been so appropriated	4091
specifically for the purpose of providing state financial	4092
assistance to counties under this division and that then are	4093
available for that purpose.	4094

Sec. 2953.09.  (A)(1) Upon filing an appeal in the supreme	4095
court, the execution of the sentence or judgment imposed in cases	4096
of felony is suspended.	4097

(2)(a) If a notice of appeal is filed pursuant to the Rules	4098
of Appellate Procedure by a defendant who is convicted in a	4099
municipal or county court or a court of common pleas of a felony	4100
or misdemeanor under the Revised Code or an ordinance of a	4101
municipal corporation, the filing of the notice of appeal does not	4102
suspend execution of the sentence or judgment imposed. However,	4103
consistent with divisions (A)(2)(b), (B), and (C) of this section,	4104
Appellate Rule 8, and Criminal Rule 46, the municipal or county	4105
court, court of common pleas, or court of appeals may suspend	4106
execution of the sentence or judgment imposed during the pendency	4107
of the appeal and shall determine whether that defendant is	4108
entitled to bail and the amount and nature of any bail that is	4109
required. The bail shall at least be conditioned that the	4110
defendant will prosecute the appeal without delay and abide by the	4111
judgment and sentence of the court.	4112

(b)(i) A court of common pleas or court of appeals may	4113
suspend the execution of a sentence of death imposed for an	4114
offense committed before January 1, 1995, only if no date for	4115
execution has been set by the supreme court, good cause is shown	4116
for the suspension, the defendant files a motion requesting the	4117
suspension, and notice has been given to the prosecuting attorney	4118
of the appropriate county.	4119

(ii) A court of common pleas may suspend the execution of a	4120
sentence of death imposed for an offense committed on or after	4121
January 1, 1995, only if no date for execution has been set by the	4122
supreme court, good cause is shown, the defendant files a motion	4123
requesting the suspension, and notice has been given to the	4124
prosecuting attorney of the appropriate county.	4125

(iii) A court of common pleas or court of appeals may suspend	4126
the execution of the sentence or judgment imposed for a felony in	4127
a capital case in which a sentence of death is not imposed only if	4128
no date for execution of the sentence has been set by the supreme	4129
court, good cause is shown for the suspension, the defendant files	4130
a motion requesting the suspension, and only after notice has been	4131
given to the prosecuting attorney of the appropriate county.	4132

(B) Notwithstanding any provision of Criminal Rule 46 to the	4133
contrary, a trial judge of a court of common pleas shall not	4134
release on bail pursuant to division (A)(2)(a) of this section a	4135
defendant who is convicted of a bailable offense if the defendant	4136
is sentenced to imprisonment for life or if that offense is a	4137
violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,	4138
2905.01, 2905.02, 2905.11, 2907.02, 2909.02, 2911.01, 2911.02, or	4139
2911.11 of the Revised Code or is felonious sexual penetration in	4140
violation of former section 2907.12 of the Revised Code.	4141

(C) If a trial judge of a court of common pleas is prohibited	4142
by division (B) of this section from releasing on bail pursuant to	4143
division (A)(2)(a) of this section a defendant who is convicted of	4144
a bailable offense and not sentenced to imprisonment for life, the	4145
appropriate court of appeals or two judges of it, upon motion of	4146
the defendant and for good cause shown, may release the defendant	4147
on bail in accordance with division (A)(2) of this section.	4148

Sec. 2953.10.  When an appeal is taken from a court of	4149
appeals to the supreme court, the supreme court has the same power	4150
and authority to suspend the execution of sentence during the	4151
pendency of the appeal and admit the defendant to bail as does the	4152
court of appeals unless another section of the Revised Code or the	4153
Rules of Practice of the Supreme Court specify a distinct bail or	4154
suspension of sentence authority.	4155

When an appeal in a case in which a sentence of death is	4156
imposed for an offense committed on or after January 1, 1995, is	4157
taken directly from the trial court to the supreme court, the	4158
supreme court has the same power and authority to suspend the	4159
execution of the sentence during the pendency of the appeal and	4160
admit the defendant to bail as does the court of appeals for cases	4161
in which a sentence of death is imposed for an offense committed	4162
before January 1, 1995, unless another section of the Revised Code	4163
or the Rules of Practice of the Supreme Court specify a distinct	4164
bail or suspension of sentence authority.	4165

Sec. 2953.21.  (A)(1)(a) Any person who has been convicted of	4166
a criminal offense or adjudicated a delinquent child and who	4167
claims that there was such a denial or infringement of the	4168
person's rights as to render the judgment void or voidable under	4169
the Ohio Constitution or the Constitution of the United States,	4170
and any person who has been convicted of a criminal offense that	4171
is a felony and who is an offender for whom DNA testing that was	4172
performed under sections 2953.71 to 2953.81 of the Revised Code or	4173
under former section 2953.82 of the Revised Code and analyzed in	4174
the context of and upon consideration of all available admissible	4175
evidence related to the person's case as described in division (D)	4176
of section 2953.74 of the Revised Code provided results that	4177
establish, by clear and convincing evidence, actual innocence of	4178
that felony offense or, if the person was sentenced to death,	4179
establish, by clear and convincing evidence, actual innocence of	4180
the aggravating circumstance or circumstances the person was found	4181
guilty of committing and that is or are the basis of that sentence	4182
of death, may file a petition in the court that imposed sentence,	4183
stating the grounds for relief relied upon, and asking the court	4184
to vacate or set aside the judgment or sentence or to grant other	4185
appropriate relief. The petitioner may file a supporting affidavit	4186
and other documentary evidence in support of the claim for relief.	4187

(b) As used in division (A)(1)(a) of this section, "actual	4188
innocence" means that, had the results of the DNA testing	4189
conducted under sections 2953.71 to 2953.81 of the Revised Code or	4190
under former section 2953.82 of the Revised Code been presented at	4191
trial, and had those results been analyzed in the context of and	4192
upon consideration of all available admissible evidence related to	4193
the person's case as described in division (D) of section 2953.74	4194
of the Revised Code, no reasonable factfinder would have found the	4195
petitioner guilty of the offense of which the petitioner was	4196
convicted, or, if the person was sentenced to death, no reasonable	4197
factfinder would have found the petitioner guilty of the	4198
aggravating circumstance or circumstances the petitioner was found	4199
guilty of committing and that is or are the basis of that sentence	4200
of death.	4201

(c) As used in divisions (A)(1)(a) and (b) of this section,	4202
"former section 2953.82 of the Revised Code" means section 2953.82	4203
of the Revised Code as it existed prior to the effective date of	4204
this amendmentJuly 6, 2010.	4205

(2) Except as otherwise provided in section 2953.23 of the	4206
Revised Code, a petition under division (A)(1) of this section	4207
shall be filed no later than one hundred eighty days after the	4208
date on which the trial transcript is filed in the court of	4209
appeals in the direct appeal of the judgment of conviction or	4210
adjudication or, if the direct appeal involves a sentence of	4211
death, the date on which the trial transcript is filed in the	4212
supreme court. If no appeal is taken, except as otherwise provided	4213
in section 2953.23 of the Revised Code, the petition shall be	4214
filed no later than one hundred eighty days after the expiration	4215
of the time for filing the appeal.	4216

(3) In a petition filed under division (A) of this section, a	4217
person who has been sentenced to death may ask the court to render	4218
void or voidable the judgment with respect to the conviction of	4219
aggravated murder or the specification of an aggravating	4220
circumstance or the sentence of death.	4221

(4) A petitioner shall state in the original or amended	4222
petition filed under division (A) of this section all grounds for	4223
relief claimed by the petitioner. Except as provided in section	4224
2953.23 of the Revised Code, any ground for relief that is not so	4225
stated in the petition is waived.	4226

(5)(4) If the petitioner in a petition filed under division	4227
(A) of this section was convicted of or pleaded guilty to a	4228
felony, the petition may include a claim that the petitioner was	4229
denied the equal protection of the laws in violation of the Ohio	4230
Constitution or the United States Constitution because the	4231
sentence imposed upon the petitioner for the felony was part of a	4232
consistent pattern of disparity in sentencing by the judge who	4233
imposed the sentence, with regard to the petitioner's race,	4234
gender, ethnic background, or religion. If the supreme court	4235
adopts a rule requiring a court of common pleas to maintain	4236
information with regard to an offender's race, gender, ethnic	4237
background, or religion, the supporting evidence for the petition	4238
shall include, but shall not be limited to, a copy of that type of	4239
information relative to the petitioner's sentence and copies of	4240
that type of information relative to sentences that the same judge	4241
imposed upon other persons.	4242

(B) The clerk of the court in which the petition is filed	4243
shall docket the petition and bring it promptly to the attention	4244
of the court. The clerk of the court in which the petition is	4245
filed immediately shall forward a copy of the petition to the	4246
prosecuting attorney of that county.	4247

(C) The court shall consider a petition that is timely filed	4248
under division (A)(2) of this section even if a direct appeal of	4249
the judgment is pending. Before granting a hearing on a petition	4250
filed under division (A) of this section, the court shall	4251
determine whether there are substantive grounds for relief. In	4252
making such a determination, the court shall consider, in addition	4253
to the petition, the supporting affidavits, and the documentary	4254
evidence, all the files and records pertaining to the proceedings	4255
against the petitioner, including, but not limited to, the	4256
indictment, the court's journal entries, the journalized records	4257
of the clerk of the court, and the court reporter's transcript.	4258
The court reporter's transcript, if ordered and certified by the	4259
court, shall be taxed as court costs. If the court dismisses the	4260
petition, it shall make and file findings of fact and conclusions	4261
of law with respect to such dismissal.	4262

(D) Within ten days after the docketing of the petition, or	4263
within any further time that the court may fix for good cause	4264
shown, the prosecuting attorney shall respond by answer or motion.	4265
Within twenty days from the date the issues are raised, either	4266
party may move for summary judgment. The right to summary judgment	4267
shall appear on the face of the record.	4268

(E) Unless the petition and the files and records of the case	4269
show the petitioner is not entitled to relief, the court shall	4270
proceed to a prompt hearing on the issues even if a direct appeal	4271
of the case is pending. If the court notifies the parties that it	4272
has found grounds for granting relief, either party may request an	4273
appellate court in which a direct appeal of the judgment is	4274
pending to remand the pending case to the court.	4275

(F) At any time before the answer or motion is filed, the	4276
petitioner may amend the petition with or without leave or	4277
prejudice to the proceedings. The petitioner may amend the	4278
petition with leave of court at any time thereafter.	4279

(G) If the court does not find grounds for granting relief,	4280
it shall make and file findings of fact and conclusions of law and	4281
shall enter judgment denying relief on the petition. If no direct	4282
appeal of the case is pending and the court finds grounds for	4283
relief or if a pending direct appeal of the case has been remanded	4284
to the court pursuant to a request made pursuant to division (E)	4285
of this section and the court finds grounds for granting relief,	4286
it shall make and file findings of fact and conclusions of law and	4287
shall enter a judgment that vacates and sets aside the judgment in	4288
question, and, in the case of a petitioner who is a prisoner in	4289
custody, shall discharge or resentence the petitioner or grant a	4290
new trial as the court determines appropriate. The court also may	4291
make supplementary orders to the relief granted, concerning such	4292
matters as rearraignment, retrial, custody, and bail. If the trial	4293
court's order granting the petition is reversed on appeal and if	4294
the direct appeal of the case has been remanded from an appellate	4295
court pursuant to a request under division (E) of this section,	4296
the appellate court reversing the order granting the petition	4297
shall notify the appellate court in which the direct appeal of the	4298
case was pending at the time of the remand of the reversal and	4299
remand of the trial court's order. Upon the reversal and remand of	4300
the trial court's order granting the petition, regardless of	4301
whether notice is sent or received, the direct appeal of the case	4302
that was remanded is reinstated.	4303

(H) Upon the filing of a petition pursuant to division (A) of	4304
this section by a person sentenced to death, only the supreme	4305
court may stay execution of the sentence of death.	4306

(I)(1) If a person sentenced to death intends to file a	4307
petition under this section, the court shall appoint counsel to	4308
represent the person upon a finding that the person is indigent	4309
and that the person either accepts the appointment of counsel or	4310
is unable to make a competent decision whether to accept or reject	4311
the appointment of counsel. The court may decline to appoint	4312
counsel for the person only upon a finding, after a hearing if	4313
necessary, that the person rejects the appointment of counsel and	4314
understands the legal consequences of that decision or upon a	4315
finding that the person is not indigent.	4316

(2) The court shall not appoint as counsel under division	4317
(I)(1) of this section an attorney who represented the petitioner	4318
at trial in the case to which the petition relates unless the	4319
person and the attorney expressly request the appointment. The	4320
court shall appoint as counsel under division (I)(1) of this	4321
section only an attorney who is certified under Rule 20 of the	4322
Rules of Superintendence for the Courts of Ohio to represent	4323
indigent defendants charged with or convicted of an offense for	4324
which the death penalty can be or has been imposed. The	4325
ineffectiveness or incompetence of counsel during proceedings	4326
under this section does not constitute grounds for relief in a	4327
proceeding under this section, in an appeal of any action under	4328
this section, or in an application to reopen a direct appeal.	4329

(3) Division (I) of this section does not preclude attorneys	4330
who represent the state of Ohio from invoking the provisions of 28	4331
U.S.C. 154 with respect to capital cases that were pending in	4332
federal habeas corpus proceedings prior to July 1, 1996, insofar	4333
as the petitioners in those cases were represented in proceedings	4334
under this section by one or more counsel appointed by the court	4335
under this section or section 120.06, 120.16, 120.26, or 120.33 of	4336
the Revised Code and those appointed counsel meet the requirements	4337
of division (I)(2) of this section.	4338

(J) Subject to the appeal of a sentence for a felony that is	4339
authorized by section 2953.08 of the Revised Code, the remedy set	4340
forth in this section is the exclusive remedy by which a person	4341
may bring a collateral challenge to the validity of a conviction	4342
or sentence in a criminal case or to the validity of an	4343
adjudication of a child as a delinquent child for the commission	4344
of an act that would be a criminal offense if committed by an	4345
adult or the validity of a related order of disposition.	4346

Sec. 2953.23.  (A) Whether a hearing is or is not held on a	4347
petition filed pursuant to section 2953.21 of the Revised Code, a	4348
court may not entertain a petition filed after the expiration of	4349
the period prescribed in division (A) of that section or a second	4350
petition or successive petitions for similar relief on behalf of a	4351
petitioner unless division (A)(1) or (2) of this section applies:	4352

(1) Both of the following apply:

4353

(a) Either the petitioner shows that the petitioner was	4354
unavoidably prevented from discovery of the facts upon which the	4355
petitioner must rely to present the claim for relief, or,	4356
subsequent to the period prescribed in division (A)(2) of section	4357
2953.21 of the Revised Code or to the filing of an earlier	4358
petition, the United States Supreme Court recognized a new federal	4359
or state right that applies retroactively to persons in the	4360
petitioner's situation, and the petition asserts a claim based on	4361
that right.	4362

(b) The petitioner shows by clear and convincing evidence	4363
that, but for constitutional error at trial, no reasonable	4364
factfinder would have found the petitioner guilty of the offense	4365
of which the petitioner was convicted or, if the claim challenges	4366
a sentence of death that, but for constitutional error at the	4367
sentencing hearing, no reasonable factfinder would have found the	4368
petitioner eligible for the death sentence.	4369

(2) The petitioner was convicted of a felony, the petitioner	4370
is an offender for whom DNA testing was performed under sections	4371
2953.71 to 2953.81 of the Revised Code or under former section	4372
2953.82 of the Revised Code and analyzed in the context of and	4373
upon consideration of all available admissible evidence related to	4374
the inmate's case as described in division (D) of section 2953.74	4375
of the Revised Code, and the results of the DNA testing establish,	4376
by clear and convincing evidence, actual innocence of that felony	4377
offense or, if the person was sentenced to death, establish, by	4378
clear and convincing evidence, actual innocence of the aggravating	4379
circumstance or circumstances the person was found guilty of	4380
committing and that is or are the basis of that sentence of death.	4381

As used in this division, "actual innocence" has the same	4382
meaning as in division (A)(1)(b) of section 2953.21 of the Revised	4383
Code, and "former section 2953.82 of the Revised Code" has the	4384
same meaning as in division (A)(1)(c) of section 2953.21 of the	4385
Revised Code.	4386

(B) An order awarding or denying relief sought in a petition	4387
filed pursuant to section 2953.21 of the Revised Code is a final	4388
judgment and may be appealed pursuant to Chapter 2953. of the	4389
Revised Code.	4390

Sec. 2953.71. As used in sections 2953.71 to 2953.83 of the	4391
Revised Code:	4392

(A) "Application" or "application for DNA testing" means a	4393
request through postconviction relief for the state to do DNA	4394
testing on biological material from the case in which the offender	4395
was convicted of the offense for which the offender is an eligible	4396
offender and is requesting the DNA testing under sections 2953.71	4397
to 2953.81 of the Revised Code.	4398

(B) "Biological material" means any product of a human body	4399
containing DNA.	4400

(C) "Chain of custody" means a record or other evidence that	4401
tracks a subject sample of biological material from the time the	4402
biological material was first obtained until the time it currently	4403
exists in its place of storage and, in relation to a DNA sample, a	4404
record or other evidence that tracks the DNA sample from the time	4405
it was first obtained until it currently exists in its place of	4406
storage. For purposes of this division, examples of when	4407
biological material or a DNA sample is first obtained include, but	4408
are not limited to, obtaining the material or sample at the scene	4409
of a crime, from a victim, from an offender, or in any other	4410
manner or time as is appropriate in the facts and circumstances	4411
present.	4412

(D) "Custodial agency" means the group or entity that has the	4413
responsibility to maintain biological material in question.	4414

(E) "Custodian" means the person who is the primary	4415
representative of a custodial agency.	4416

(F) "Eligible offender" means an offender who is eligible	4417
under division (C) of section 2953.72 of the Revised Code to	4418
request DNA testing to be conducted under sections 2953.71 to	4419
2953.81 of the Revised Code.	4420

(G) "Exclusion" or "exclusion result" means a result of DNA	4421
testing that scientifically precludes or forecloses the subject	4422
offender as a contributor of biological material recovered from	4423
the crime scene or victim in question, in relation to the offense	4424
for which the offender is an eligible offender and for which the	4425
sentence of death or prison term was imposed upon the offender.	4426

(H) "Extracting personnel" means medically approved personnel	4427
who are employed to physically obtain an offender's DNA specimen	4428
for purposes of DNA testing under sections 2953.71 to 2953.81 of	4429
the Revised Code.	4430

(I) "Inclusion" or "inclusion result" means a result of DNA	4431
testing that scientifically cannot exclude, or that holds	4432
accountable, the subject offender as a contributor of biological	4433
material recovered from the crime scene or victim in question, in	4434
relation to the offense for which the offender is an eligible	4435
offender and for which the sentence of death or prison term was	4436
imposed upon the offender.	4437

(J) "Inconclusive" or "inconclusive result" means a result of	4438
DNA testing that is rendered when a scientifically appropriate and	4439
definitive DNA analysis or result, or both, cannot be determined.	4440

(K) "Offender" means a criminal offender who was sentenced by	4441
a court, or by a jury and a court, of this state.	4442

(L) "Outcome determinative" means that had the results of DNA	4443
testing of the subject offender been presented at the trial of the	4444
subject offender requesting DNA testing and been found relevant	4445
and admissible with respect to the felony offense for which the	4446
offender is an eligible offender and is requesting the DNA	4447
testing, and had those results been analyzed in the context of and	4448
upon consideration of all available admissible evidence related to	4449
the offender's case as described in division (D) of section	4450
2953.74 of the Revised Code, there is a strong probability that no	4451
reasonable factfinder would have found the offender guilty of that	4452
offense or, if the offender was sentenced to death relative to	4453
that offense, would have found the offender guilty of the	4454
aggravating circumstance or circumstances the offender was found	4455
guilty of committing and that is or are the basis of that sentence	4456
of death.	4457

(M) "Parent sample" means the biological material first	4458
obtained from a crime scene or a victim of an offense for which an	4459
offender is an eligible offender, and from which a sample will be	4460
presently taken to do a DNA comparison to the DNA of the subject	4461
offender under sections 2953.71 to 2953.81 of the Revised Code.	4462

(N) "Prison" and "community control sanction" have the same	4463
meanings as in section 2929.01 of the Revised Code.	4464

(O) "Prosecuting attorney" means the prosecuting attorney	4465
who, or whose office, prosecuted the case in which the subject	4466
offender was convicted of the offense for which the offender is an	4467
eligible offender and is requesting the DNA testing.	4468

(P) "Prosecuting authority" means the prosecuting attorney or	4469
the attorney general.	4470

(Q) "Reasonable diligence" means a degree of diligence that	4471
is comparable to the diligence a reasonable person would employ in	4472
searching for information regarding an important matter in the	4473
person's own life.	4474

(R) "Testing authority" means a laboratory at which DNA	4475
testing will be conducted under sections 2953.71 to 2953.81 of the	4476
Revised Code.	4477

(S) "Parole" and "post-release control" have the same	4478
meanings as in section 2967.01 of the Revised Code.	4479

(T) "Sexually oriented offense" and "child-victim oriented	4480
offense" have the same meanings as in section 2950.01 of the	4481
Revised Code.	4482

(U) "Definitive DNA test" means a DNA test that clearly	4483
establishes that biological material from the perpetrator of the	4484
crime was recovered from the crime scene and also clearly	4485
establishes whether or not the biological material is that of the	4486
eligible offender. A prior DNA test is not definitive if the	4487
eligible offender proves by a preponderance of the evidence that	4488
because of advances in DNA technology there is a possibility of	4489
discovering new biological material from the perpetrator that the	4490
prior DNA test may have failed to discover. Prior testing may have	4491
been a prior "definitive DNA test" as to some biological evidence	4492
but may not have been a prior "definitive DNA test" as to other	4493
biological evidence.	4494

Sec. 2953.72. (A) Any eligible offender who wishes to request	4495
DNA testing under sections 2953.71 to 2953.81 of the Revised Code	4496
shall submit an application for the testing to the court of common	4497
pleas specified in section 2953.73 of the Revised Code, on a form	4498
prescribed by the attorney general for this purpose. The eligible	4499
offender shall submit the application in accordance with the	4500
procedures set forth in section 2953.73 of the Revised Code. The	4501
eligible offender shall specify on the application the offense or	4502
offenses for which the offender is an eligible offender and is	4503
requesting the DNA testing. Along with the application, the	4504
eligible offender shall submit an acknowledgment that is on a form	4505
prescribed by the attorney general for this purpose and that is	4506
signed by the offender. The acknowledgment shall set forth all of	4507
the following:	4508

(1) That sections 2953.71 to 2953.81 of the Revised Code	4509
contemplate applications for DNA testing of an eligible offender	4510
at a stage of a prosecution or case after the offender has been	4511
sentenced, that any exclusion or inclusion result of DNA testing	4512
rendered pursuant to those sections may be used by a party in any	4513
proceeding as described in section 2953.81 of the Revised Code,	4514
and that all requests for any DNA testing made at trial will	4515
continue to be handled by the prosecuting attorney in the case;	4516

(2) That the process of conducting postconviction DNA testing	4517
for an eligible offender under sections 2953.71 to 2953.81 of the	4518
Revised Code begins when the offender submits an application under	4519
section 2953.73 of the Revised Code and the acknowledgment	4520
described in this section;	4521

(3) That the eligible offender must submit the application	4522
and acknowledgment to the court of common pleas that heard the	4523
case in which the offender was convicted of the offense for which	4524
the offender is an eligible offender and is requesting the DNA	4525
testing;	4526

(4) That the state has established a set of criteria set	4527
forth in section 2953.74 of the Revised Code by which eligible	4528
offender applications for DNA testing will be screened and that a	4529
judge of a court of common pleas upon receipt of a properly filed	4530
application and accompanying acknowledgment will apply those	4531
criteria to determine whether to accept or reject the application;	4532

(5) That the results of DNA testing conducted under sections	4533
2953.71 to 2953.81 of the Revised Code will be provided as	4534
described in section 2953.81 of the Revised Code to all parties in	4535
the postconviction proceedings and will be reported to various	4536
courts;	4537

(6) That, if DNA testing is conducted with respect to an	4538
offender under sections 2953.71 to 2953.81 of the Revised Code,	4539
the state will not offer the offender a retest if an inclusion	4540
result is achieved relative to the testing and that, if the state	4541
were to offer a retest after an inclusion result, the policy would	4542
create an atmosphere in which endless testing could occur and in	4543
which postconviction proceedings could be stalled for many years;	4544

(7) That, if the court rejects an eligible offender's	4545
application for DNA testing because the offender does not satisfy	4546
the acceptance criteria described in division (A)(4) of this	4547
section, the court will not accept or consider subsequent	4548
applications;	4549

(8) That the acknowledgment memorializes the provisions of	4550
sections 2953.71 to 2953.81 of the Revised Code with respect to	4551
the application of postconviction DNA testing to offenders, that	4552
those provisions do not give any offender any additional	4553
constitutional right that the offender did not already have, that	4554
the court has no duty or obligation to provide postconviction DNA	4555
testing to offenders, that the court of common pleas has the sole	4556
discretion subject to an appeal as described in this division to	4557
determine whether an offender is an eligible offender and whether	4558
an eligible offender's application for DNA testing satisfies the	4559
acceptance criteria described in division (A)(4) of this section	4560
and whether the application should be accepted or rejected, that	4561
if the court of common pleas rejects an eligible offender's	4562
application, the offender may seek leave of the supreme court to	4563
appeal the rejection to that court if the offender was sentenced	4564
to death for the offense for which the offender is requesting the	4565
DNA testing and, if the offender was not sentenced to death for	4566
that offense, may appeal the rejection to the court of appeals,	4567
and that no determination otherwise made by the court of common	4568
pleas in the exercise of its discretion regarding the eligibility	4569
of an offender or regarding postconviction DNA testing under those	4570
provisions is reviewable by or appealable to any court;	4571

(9) That the manner in which sections 2953.71 to 2953.81 of	4572
the Revised Code with respect to the offering of postconviction	4573
DNA testing to offenders are carried out does not confer any	4574
constitutional right upon any offender, that the state has	4575
established guidelines and procedures relative to those provisions	4576
to ensure that they are carried out with both justice and	4577
efficiency in mind, and that an offender who participates in any	4578
phase of the mechanism contained in those provisions, including,	4579
but not limited to, applying for DNA testing and being rejected,	4580
having an application for DNA testing accepted and not receiving	4581
the test, or having DNA testing conducted and receiving	4582
unfavorable results, does not gain as a result of the	4583
participation any constitutional right to challenge, or, except as	4584
provided in division (A)(8) of this section, any right to any	4585
review or appeal of, the manner in which those provisions are	4586
carried out;	4587

(10) That the most basic aspect of sections 2953.71 to	4588
2953.81 of the Revised Code is that, in order for DNA testing to	4589
occur, there must be an offender sample against which other	4590
evidence may be compared, that, if an eligible offender's	4591
application is accepted but the offender subsequently refuses to	4592
submit to the collection of the sample of biological material from	4593
the offender or hinders the state from obtaining a sample of	4594
biological material from the offender, the goal of those	4595
provisions will be frustrated, and that an offender's refusal or	4596
hindrance shall cause the court to rescind its prior acceptance of	4597
the application for DNA testing for the offender and deny the	4598
application.	4599

(B) The attorney general shall prescribe a form to be used to	4600
make an application for DNA testing under division (A) of this	4601
section and section 2953.73 of the Revised Code and a form to be	4602
used to provide the acknowledgment described in division (A) of	4603
this section. The forms shall include all information described in	4604
division (A) of this section, spaces for an offender to insert all	4605
information necessary to complete the forms, including, but not	4606
limited to, specifying the offense or offenses for which the	4607
offender is an eligible offender and is requesting the DNA	4608
testing, and any other information or material the attorney	4609
general determines is necessary or relevant. The attorney general	4610
shall distribute copies of the prescribed forms to the department	4611
of rehabilitation and correction, the department shall ensure that	4612
each prison in which offenders are housed has a supply of copies	4613
of the forms, and the department shall ensure that copies of the	4614
forms are provided free of charge to any offender who requests	4615
them.	4616

(C)(1) An offender is eligible to request DNA testing to be	4617
conducted under sections 2953.71 to 2953.81 of the Revised Code	4618
only if all of the following apply:	4619

(a) The offense for which the offender claims to be an	4620
eligible offender is a felony, and the offender was convicted by a	4621
judge or jury of that offense.	4622

(b) One of the following applies:

4623

(i) The offender was sentenced to a prison term or sentence	4624
of death for the felony described in division (C)(1)(a) of this	4625
section, and the offender is in prison serving that prison term or	4626
under that sentence of death, has been paroled or is on probation	4627
regarding that felony, is under post-release control regarding	4628
that felony, or has been released from that prison term and is	4629
under a community control sanction regarding that felony.	4630

(ii) The offender was not sentenced to a prison term or	4631
sentence of death for the felony described in division (C)(1)(a)	4632
of this section, but was sentenced to a community control sanction	4633
for that felony and is under that community control sanction.	4634

(iii) The felony described in division (C)(1)(a) of this	4635
section was a sexually oriented offense or child-victim oriented	4636
offense, and the offender has a duty to comply with sections	4637
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code	4638
relative to that felony.	4639

(2) An offender is not an eligible offender under division	4640
(C)(1) of this section regarding any offense to which the offender	4641
pleaded guilty or no contest.	4642

(3) An offender is not an eligible offender under division	4643
(C)(1) of this section regarding any offense if the offender dies	4644
prior to submitting an application for DNA testing related to that	4645
offense under section 2953.73 of the Revised Code.	4646

Sec. 2953.81. If an eligible offender submits an application	4647
for DNA testing under section 2953.73 of the Revised Code and if	4648
DNA testing is performed based on that application, upon	4649
completion of the testing, all of the following apply:	4650

(A) The court or a designee of the court shall require the	4651
state to maintain the results of the testing and to maintain and	4652
preserve both the parent sample of the biological material used	4653
and the offender sample of the biological material used. The	4654
testing authority may be designated as the person to maintain the	4655
results of the testing or to maintain and preserve some or all of	4656
the samples, or both. The results of the testing remain state's	4657
evidence. The samples shall be preserved during the entire period	4658
of time for which the offender is imprisoned or confined relative	4659
to the sentence in question, is on parole or probation relative to	4660
that sentence, is under post-release control or a community	4661
control sanction relative to that sentence, or has a duty to	4662
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	4663
the Revised Code relative to that sentence. Additionally, if the	4664
prison term or confinement under the sentence in question expires,	4665
if the sentence in question is a sentence of death and the	4666
offender is executed, or if the parole or probation period, the	4667
period of post-release control, the community control sanction, or	4668
the duty to comply with sections 2950.04, 2950.041, 2950.05, and	4669
2950.06 of the Revised Code under the sentence in question ends,	4670
the samples shall be preserved for a reasonable period of time of	4671
not less than twenty-four months after the term or confinement	4672
expires, the offender is executed, or the parole or probation	4673
period, the period of post-release control, the community control	4674
sanction, or the duty to comply with sections 2950.04, 2950.041,	4675
2950.05, and 2950.06 of the Revised Code ends, whichever is	4676
applicable. The court shall determine the period of time that is	4677
reasonable for purposes of this division, provided that the period	4678
shall not be less than twenty-four months after the term or	4679
confinement expires, the offender is executed, or the parole or	4680
probation period, the period of post-release control, the	4681
community control sanction, or the duty to comply with sections	4682
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code ends,	4683
whichever is applicable.	4684

(B) The results of the testing are a public record.

4685

(C) The court or the testing authority shall provide a copy	4686
of the results of the testing to the prosecuting attorney, the	4687
attorney general, and the subject offender.	4688

(D) If the postconviction proceeding in question is pending	4689
at that time in a court of this state, the court of common pleas	4690
that decided the DNA application or the testing authority shall	4691
provide a copy of the results of the testing to any court of this	4692
state, and, if it is pending in a federal court, the court of	4693
common pleas that decided the DNA application or the testing	4694
authority shall provide a copy of the results of the testing to	4695
that federal court.	4696

(E) The testing authority shall provide a copy of the results	4697
of the testing to the court of common pleas that decided the DNA	4698
application.	4699

(F) The offender or the state may enter the results of the	4700
testing into any proceeding.	4701

Sec. 2967.05.  (A) As used in this section:

4702

(1) "Imminent danger of death" means that the inmate has a	4703
medically diagnosable condition that will cause death to occur	4704
within a short period of time.	4705

As used in division (A)(1) of this section, "within a short	4706
period of time" means generally within six months.	4707

(2)(a) "Medically incapacitated" means any diagnosable	4708
medical condition, including mental dementia and severe, permanent	4709
medical or cognitive disability, that prevents the inmate from	4710
completing activities of daily living without significant	4711
assistance, that incapacitates the inmate to the extent that	4712
institutional confinement does not offer additional restrictions,	4713
that is likely to continue throughout the entire period of parole,	4714
and that is unlikely to improve noticeably.	4715

(b) "Medically incapacitated" does not include conditions	4716
related solely to mental illness unless the mental illness is	4717
accompanied by injury, disease, or organic defect.	4718

(3)(a) "Terminal illness" means a condition that satisfies	4719
all of the following criteria:	4720

(i) The condition is irreversible and incurable and is caused	4721
by disease, illness, or injury from which the inmate is unlikely	4722
to recover.	4723

(ii) In accordance with reasonable medical standards and a	4724
reasonable degree of medical certainty, the condition is likely to	4725
cause death to the inmate within twelve months.	4726

(iii) Institutional confinement of the inmate does not offer	4727
additional protections for public safety or against the inmate's	4728
risk to reoffend.	4729

(b) The department of rehabilitation and correction shall	4730
adopt rules pursuant to Chapter 119. of the Revised Code to	4731
implement the definition of "terminal illness" in division	4732
(A)(3)(a) of this section.	4733

(B) Upon the recommendation of the director of rehabilitation	4734
and correction, accompanied by a certificate of the attending	4735
physician that an inmate is terminally ill, medically	4736
incapacitated, or in imminent danger of death, the governor may	4737
order the inmate's release as if on parole, reserving the right to	4738
return the inmate to the institution pursuant to this section. If,	4739
subsequent to the inmate's release, the inmate's health improves	4740
so that the inmate is no longer terminally ill, medically	4741
incapacitated, or in imminent danger of death, the inmate shall be	4742
returned, by order of the governor, to the institution from which	4743
the inmate was released. If the inmate violates any rules or	4744
conditions applicable to the inmate, the inmate may be returned to	4745
an institution under the control of the department of	4746
rehabilitation and correction. The governor may direct the adult	4747
parole authority to investigate or cause to be investigated the	4748
inmate and make a recommendation in the manner set forth in	4749
section 2967.03 of the Revised Code. An inmate released under this	4750
section shall be subject to supervision by the adult parole	4751
authority in accordance with any recommendation of the adult	4752
parole authority that is approved by the governor. The adult	4753
parole authority shall adopt rules pursuant to section 119.03 of	4754
the Revised Code to establish the procedure for medical release of	4755
an inmate when an inmate is terminally ill, medically	4756
incapacitated, or in imminent danger of death.	4757

(C) No inmate is eligible for release under this section if	4758
the inmate is serving a death sentence, a sentence of life without	4759
parole, a sentence under Chapter 2971. of the Revised Code for a	4760
felony of the first or second degree, a sentence for aggravated	4761
murder or murder, or a mandatory prison term for an offense of	4762
violence or any specification described in Chapter 2941. of the	4763
Revised Code.	4764

Sec. 2967.13.  (A) Except as provided in division (G) of this	4765
section, a prisoner serving a sentence of imprisonment for life	4766
for an offense committed on or after July 1, 1996, is not entitled	4767
to any earned credit under section 2967.193 of the Revised Code	4768
and becomes eligible for parole as follows:	4769

(1) If a sentence of imprisonment for life was imposed for	4770
the offense of murder, at the expiration of the prisoner's minimum	4771
term;	4772

(2) If a sentence of imprisonment for life with parole	4773
eligibility after serving twenty years of imprisonment was imposed	4774
pursuant to section 2929.02 or former section 2929.022 or 2929.03	4775
of the Revised Code, after serving a term of twenty years;	4776

(3) If a sentence of imprisonment for life with parole	4777
eligibility after serving twenty-five full years of imprisonment	4778
was imposed pursuant to former section 2929.022 or 2929.03 of the	4779
Revised Code, after serving a term of twenty-five full years;	4780

(4) If a sentence of imprisonment for life with parole	4781
eligibility after serving thirty full years of imprisonment was	4782
imposed pursuant to section 2929.02 or former section 2929.022 or	4783
2929.03 of the Revised Code, after serving a term of thirty full	4784
years;	4785

(5) If a sentence of imprisonment for life was imposed for	4786
rape, after serving a term of ten full years' imprisonment;	4787

(6) If a sentence of imprisonment for life with parole	4788
eligibility after serving fifteen years of imprisonment was	4789
imposed for a violation of section 2927.24 of the Revised Code,	4790
after serving a term of fifteen years.	4791

(B) Except as provided in division (G) of this section, a	4792
prisoner serving a sentence of imprisonment for life with parole	4793
eligibility after serving twenty years of imprisonment or a	4794
sentence of imprisonment for life with parole eligibility after	4795
serving twenty-five full years or thirty full years of	4796
imprisonment imposed pursuant to section 2929.02 or former section	4797
2929.022 or 2929.03 of the Revised Code for an offense committed	4798
on or after July 1, 1996, consecutively to any other term of	4799
imprisonment, becomes eligible for parole after serving twenty	4800
years, twenty full years, or thirty full years, as applicable, as	4801
to each such sentence of life imprisonment, which shall not be	4802
reduced for earned credits under section 2967.193 of the Revised	4803
Code, plus the term or terms of the other sentences consecutively	4804
imposed or, if one of the other sentences is another type of life	4805
sentence with parole eligibility, the number of years before	4806
parole eligibility for that sentence.	4807

(C) Except as provided in division (G) of this section, a	4808
prisoner serving consecutively two or more sentences in which an	4809
indefinite term of imprisonment is imposed becomes eligible for	4810
parole upon the expiration of the aggregate of the minimum terms	4811
of the sentences.	4812

(D) Except as provided in division (G) of this section, a	4813
prisoner serving a term of imprisonment who is described in	4814
division (A) of section 2967.021 of the Revised Code becomes	4815
eligible for parole as described in that division or, if the	4816
prisoner is serving a definite term of imprisonment, shall be	4817
released as described in that division.	4818

(E) A prisoner serving a sentence of life imprisonment	4819
without parole imposed pursuant to section 2907.02 or 2929.02 or	4820
former section 2929.03 or 2929.06 of the Revised Code is not	4821
eligible for parole and shall be imprisoned until death.	4822

(F) A prisoner serving a stated prison term shall be released	4823
in accordance with section 2967.28 of the Revised Code.	4824

(G) A prisoner serving a prison term or term of life	4825
imprisonment without parole imposed pursuant to section 2971.03 of	4826
the Revised Code never becomes eligible for parole during that	4827
term of imprisonment.	4828

Sec. 2967.193.  (A)(1) Except as provided in division (C) of	4829
this section and subject to the maximum aggregate total specified	4830
in division (A)(2) of this section, a person confined in a state	4831
correctional institution may provisionally earn one day or five	4832
days of credit, based on the category set forth in division	4833
(D)(1), (2), (3), (4), or (5) of this section in which the person	4834
is included, toward satisfaction of the person's stated prison	4835
term for each completed month during which the person productively	4836
participates in an education program, vocational training,	4837
employment in prison industries, treatment for substance abuse, or	4838
any other constructive program developed by the department with	4839
specific standards for performance by prisoners. Except as	4840
provided in division (C) of this section and subject to the	4841
maximum aggregate total specified in division (A)(2) of this	4842
section, a person so confined who successfully completes two	4843
programs or activities of that type may, in addition,	4844
provisionally earn up to five days of credit toward satisfaction	4845
of the person's stated prison term for the successful completion	4846
of the second program or activity. The person shall not be awarded	4847
any provisional days of credit for the successful completion of	4848
the first program or activity or for the successful completion of	4849
any program or activity that is completed after the second program	4850
or activity. At the end of each calendar month in which a prisoner	4851
productively participates in a program or activity listed in this	4852
division or successfully completes a program or activity listed in	4853
this division, the department of rehabilitation and correction	4854
shall determine and record the total number of days credit that	4855
the prisoner provisionally earned in that calendar month. If the	4856
prisoner violates prison rules, the department may deny the	4857
prisoner a credit that otherwise could have been provisionally	4858
awarded to the prisoner or may withdraw one or more credits	4859
previously provisionally earned by the prisoner. Days of credit	4860
provisionally earned by a prisoner shall be finalized and awarded	4861
by the department subject to administrative review by the	4862
department of the prisoner's conduct.	4863

(2) The aggregate days of credit provisionally earned by a	4864
person for program or activity participation and program and	4865
activity completion under this section and the aggregate days of	4866
credit finally credited to a person under this section shall not	4867
exceed eight per cent of the total number of days in the person's	4868
stated prison term.	4869

(B) The department of rehabilitation and correction shall	4870
adopt rules that specify the programs or activities for which	4871
credit may be earned under this section, the criteria for	4872
determining productive participation in, or completion of, the	4873
programs or activities and the criteria for awarding credit,	4874
including criteria for awarding additional credit for successful	4875
program or activity completion, and the criteria for denying or	4876
withdrawing previously provisionally earned credit as a result of	4877
a violation of prison rules.	4878

(C) No person confined in a state correctional institution to	4879
whom any of the following applies shall be awarded any days of	4880
credit under division (A) of this section:	4881

(1) The person is serving a prison term that section 2929.13	4882
or section 2929.14 of the Revised Code specifies cannot be reduced	4883
pursuant to this section or this Chapterchapter or is serving a	4884
sentence for which section 2967.13 or division (B) of section	4885
2929.143 of the Revised Code specifies that the person is not	4886
entitled to any earned credit under this section.	4887

(2) The person is sentenced to death or is serving a prison	4888
term or a term of life imprisonment for aggravated murder, murder,	4889
or a conspiracy or attempt to commit, or complicity in committing,	4890
aggravated murder or murder.	4891

(3) The person is serving a sentence of life imprisonment	4892
without parole imposed pursuant to section 2929.02 or former	4893
section 2929.03 or 2929.06 of the Revised Code, a prison term or a	4894
term of life imprisonment without parole imposed pursuant to	4895
section 2971.03 of the Revised Code, or a sentence for a sexually	4896
oriented offense that was committed on or after the effective date	4897
of this amendmentSeptember 30, 2011.	4898

(D) This division does not apply to a determination of	4899
whether a person confined in a state correctional institution may	4900
earn any days of credit under division (A) of this section for	4901
successful completion of a second program or activity. The	4902
determination of whether a person confined in a state correctional	4903
institution may earn one day of credit or five days of credit	4904
under division (A) of this section for each completed month during	4905
which the person productively participates in a program or	4906
activity specified under that division shall be made in accordance	4907
with the following:	4908

(1) The offender may earn one day of credit under division	4909
(A) of this section, except as provided in division (C) of this	4910
section, if the most serious offense for which the offender is	4911
confined is any of the following that is a felony of the first or	4912
second degree:	4913

(a) A violation of division (A) of section 2903.04 or of	4914
section 2903.03, 2903.11, 2903.15, 2905.01, 2907.24, 2907.25,	4915
2909.02, 2909.09, 2909.10, 2909.101, 2909.26, 2909.27, 2909.29,	4916
2911.01, 2911.02, 2911.11, 2911.12, 2919.13, 2919.151, 2919.22,	4917
2921.34, 2923.01, 2923.131, 2923.162, 2923.32, 2925.24, or 2927.24	4918
of the Revised Code;	4919

(b) A conspiracy or attempt to commit, or complicity in	4920
committing, any other offense for which the maximum penalty is	4921
imprisonment for life or any offense listed in division (D)(1)(a)	4922
of this section.	4923

(2) The offender may earn one day of credit under division	4924
(A) of this section, except as provided in division (C) of this	4925
section, if the offender is serving a stated prison term that	4926
includes a prison term imposed for a sexually oriented offense	4927
that the offender committed prior to the effective date of this	4928
amendmentSeptember 30, 2011.	4929

(3) The offender may earn one day of credit under division	4930
(A) of this section, except as provided in division (C) of this	4931
section, if the offender is serving a stated prison term that	4932
includes a prison term imposed for a felony other than carrying a	4933
concealed weapon an essential element of which is any conduct or	4934
failure to act expressly involving any deadly weapon or dangerous	4935
ordnance.	4936

(4) Except as provided in division (C) of this section, if	4937
the most serious offense for which the offender is confined is a	4938
felony of the first or second degree and divisions (D)(1), (2),	4939
and (3) of this section do not apply to the offender, the offender	4940
may earn one day of credit under division (A) of this section if	4941
the offender committed that offense prior to the effective date of	4942
this amendmentSeptember 30, 2011, and the offender may earn five	4943
days of credit under division (A) of this section if the offender	4944
committed that offense on or after the effective date of this	4945
amendmentSeptember 30, 2011.	4946

(5) Except as provided in division (C) of this section, if	4947
the most serious offense for which the offender is confined is a	4948
felony of the third, fourth, or fifth degree or an unclassified	4949
felony and neither division (D)(2) nor (3) of this section applies	4950
to the offender, the offender may earn one day of credit under	4951
division (A) of this section if the offender committed that	4952
offense prior to the effective date of this amendmentSeptember	4953
30, 2011, and the offender may earn five days of credit under	4954
division (A) of this section if the offender committed that	4955
offense on or after the effective date of this amendmentSeptember	4956
30, 2011.	4957

(E) If a court imposes a sentence including a prison term on	4958
or after the effective date of this amendmentSeptember 30, 2011,	4959
for a felony, and if the court is required to include notice of	4960
the type described in division (F)(3) of section 2929.14 of the	4961
Revised Code in the offender's sentence, the failure of the court	4962
to include the notice does not affect the eligibility of the	4963
offender under this section to earn any days of credit as a	4964
deduction from the offender's stated prison term or otherwise	4965
render any part of this section or any action taken under this	4966
section void or voidable and does not constitute grounds for	4967
setting aside the offender's conviction or sentence or for	4968
granting postconviction relief to the offender.	4969

(F) The department annually shall seek and consider the	4970
written feedback of the Ohio prosecuting attorneys association,	4971
the Ohio judicial conference, the Ohio public defender, the Ohio	4972
association of criminal defense lawyers, and other organizations	4973
and associations that have an interest in the operation of the	4974
corrections system and the earned credits program under this	4975
section as part of its evaluation of the program and in	4976
determining whether to modify the program.	4977

(G) As used in this section, "sexually oriented offense" has	4978
the same meaning as in section 2950.01 of the Revised Code.	4979

Sec. 2971.03.  (A) Notwithstanding divisions (A) and (D) of	4980
section 2929.14, section 2929.02, 2929.03, 2929.06, 2929.13, or	4981
another section of the Revised Code, other than divisions (B) and	4982
(C) of section 2929.14 of the Revised Code, that authorizes or	4983
requires a specified prison term or a mandatory prison term for a	4984
person who is convicted of or pleads guilty to a felony or that	4985
specifies the manner and place of service of a prison term or term	4986
of imprisonment, the court shall impose a sentence upon a person	4987
who is convicted of or pleads guilty to a violent sex offense and	4988
who also is convicted of or pleads guilty to a sexually violent	4989
predator specification that was included in the indictment, count	4990
in the indictment, or information charging that offense, and upon	4991
a person who is convicted of or pleads guilty to a designated	4992
homicide, assault, or kidnapping offense and also is convicted of	4993
or pleads guilty to both a sexual motivation specification and a	4994
sexually violent predator specification that were included in the	4995
indictment, count in the indictment, or information charging that	4996
offense, as follows:	4997

(1) If the offense for which the sentence is being imposed is	4998
aggravated murder and if the court does not impose upon the	4999
offender a sentence of death, it shall impose upon the offender a	5000
term of life imprisonment without parole. If the court sentences	5001
the offender to death and the sentence of death is vacated,	5002
overturned, or otherwise set aside, the court shall impose upon	5003
the offender a term of life imprisonment without parole.	5004

(2) If the offense for which the sentence is being imposed is	5005
murder; or if the offense is rape committed in violation of	5006
division (A)(1)(b) of section 2907.02 of the Revised Code when the	5007
offender purposely compelled the victim to submit by force or	5008
threat of force, when the victim was less than ten years of age,	5009
when the offender previously has been convicted of or pleaded	5010
guilty to either rape committed in violation of that division or a	5011
violation of an existing or former law of this state, another	5012
state, or the United States that is substantially similar to	5013
division (A)(1)(b) of section 2907.02 of the Revised Code, or when	5014
the offender during or immediately after the commission of the	5015
rape caused serious physical harm to the victim; or if the offense	5016
is an offense other than aggravated murder or murder for which a	5017
term of life imprisonment may be imposed, it shall impose upon the	5018
offender a term of life imprisonment without parole.	5019

(3)(a) Except as otherwise provided in division (A)(3)(b),	5020
(c), (d), or (e) or (A)(4) of this section, if the offense for	5021
which the sentence is being imposed is an offense other than	5022
aggravated murder, murder, or rape and other than an offense for	5023
which a term of life imprisonment may be imposed, it shall impose	5024
an indefinite prison term consisting of a minimum term fixed by	5025
the court from among the range of terms available as a definite	5026
term for the offense, but not less than two years, and a maximum	5027
term of life imprisonment.	5028

(b) Except as otherwise provided in division (A)(4) of this	5029
section, if the offense for which the sentence is being imposed is	5030
kidnapping that is a felony of the first degree, it shall impose	5031
an indefinite prison term as follows:	5032

(i) If the kidnapping is committed on or after January 1,	5033
2008, and the victim of the offense is less than thirteen years of	5034
age, except as otherwise provided in this division, it shall	5035
impose an indefinite prison term consisting of a minimum term of	5036
fifteen years and a maximum term of life imprisonment. If the	5037
kidnapping is committed on or after January 1, 2008, the victim of	5038
the offense is less than thirteen years of age, and the offender	5039
released the victim in a safe place unharmed, it shall impose an	5040
indefinite prison term consisting of a minimum term of ten years	5041
and a maximum term of life imprisonment.	5042

(ii) If the kidnapping is committed prior to January 1, 2008,	5043
or division (A)(3)(b)(i) of this section does not apply, it shall	5044
impose an indefinite term consisting of a minimum term fixed by	5045
the court that is not less than ten years and a maximum term of	5046
life imprisonment.	5047

(c) Except as otherwise provided in division (A)(4) of this	5048
section, if the offense for which the sentence is being imposed is	5049
kidnapping that is a felony of the second degree, it shall impose	5050
an indefinite prison term consisting of a minimum term fixed by	5051
the court that is not less than eight years, and a maximum term of	5052
life imprisonment.	5053

(d) Except as otherwise provided in division (A)(4) of this	5054
section, if the offense for which the sentence is being imposed is	5055
rape for which a term of life imprisonment is not imposed under	5056
division (A)(2) of this section or division (B) of section 2907.02	5057
of the Revised Code, it shall impose an indefinite prison term as	5058
follows:	5059

(i) If the rape is committed on or after January 2, 2007, in	5060
violation of division (A)(1)(b) of section 2907.02 of the Revised	5061
Code, it shall impose an indefinite prison term consisting of a	5062
minimum term of twenty-five years and a maximum term of life	5063
imprisonment.	5064

(ii) If the rape is committed prior to January 2, 2007, or	5065
the rape is committed on or after January 2, 2007, other than in	5066
violation of division (A)(1)(b) of section 2907.02 of the Revised	5067
Code, it shall impose an indefinite prison term consisting of a	5068
minimum term fixed by the court that is not less than ten years,	5069
and a maximum term of life imprisonment.	5070

(e) Except as otherwise provided in division (A)(4) of this	5071
section, if the offense for which sentence is being imposed is	5072
attempted rape, it shall impose an indefinite prison term as	5073
follows:	5074

(i) Except as otherwise provided in division (A)(3)(e)(ii),	5075
(iii), or (iv) of this section, it shall impose an indefinite	5076
prison term pursuant to division (A)(3)(a) of this section.	5077

(ii) If the attempted rape for which sentence is being	5078
imposed was committed on or after January 2, 2007, and if the	5079
offender also is convicted of or pleads guilty to a specification	5080
of the type described in section 2941.1418 of the Revised Code, it	5081
shall impose an indefinite prison term consisting of a minimum	5082
term of five years and a maximum term of twenty-five years.	5083

(iii) If the attempted rape for which sentence is being	5084
imposed was committed on or after January 2, 2007, and if the	5085
offender also is convicted of or pleads guilty to a specification	5086
of the type described in section 2941.1419 of the Revised Code, it	5087
shall impose an indefinite prison term consisting of a minimum	5088
term of ten years and a maximum of life imprisonment.	5089

(iv) If the attempted rape for which sentence is being	5090
imposed was committed on or after January 2, 2007, and if the	5091
offender also is convicted of or pleads guilty to a specification	5092
of the type described in section 2941.1420 of the Revised Code, it	5093
shall impose an indefinite prison term consisting of a minimum	5094
term of fifteen years and a maximum of life imprisonment.	5095

(4) For any offense for which the sentence is being imposed,	5096
if the offender previously has been convicted of or pleaded guilty	5097
to a violent sex offense and also to a sexually violent predator	5098
specification that was included in the indictment, count in the	5099
indictment, or information charging that offense, or previously	5100
has been convicted of or pleaded guilty to a designated homicide,	5101
assault, or kidnapping offense and also to both a sexual	5102
motivation specification and a sexually violent predator	5103
specification that were included in the indictment, count in the	5104
indictment, or information charging that offense, it shall impose	5105
upon the offender a term of life imprisonment without parole.	5106

(B)(1) Notwithstanding section 2929.13, division (A) or (D)	5107
of section 2929.14, or another section of the Revised Code other	5108
than division (B) of section 2907.02 or divisions (B) and (C) of	5109
section 2929.14 of the Revised Code that authorizes or requires a	5110
specified prison term or a mandatory prison term for a person who	5111
is convicted of or pleads guilty to a felony or that specifies the	5112
manner and place of service of a prison term or term of	5113
imprisonment, if a person is convicted of or pleads guilty to a	5114
violation of division (A)(1)(b) of section 2907.02 of the Revised	5115
Code committed on or after January 2, 2007, if division (A) of	5116
this section does not apply regarding the person, and if the court	5117
does not impose a sentence of life without parole when authorized	5118
pursuant to division (B) of section 2907.02 of the Revised Code,	5119
the court shall impose upon the person an indefinite prison term	5120
consisting of one of the following:	5121

(a) Except as otherwise required in division (B)(1)(b) or (c)	5122
of this section, a minimum term of ten years and a maximum term of	5123
life imprisonment.	5124

(b) If the victim was less than ten years of age, a minimum	5125
term of fifteen years and a maximum of life imprisonment.	5126

(c) If the offender purposely compels the victim to submit by	5127
force or threat of force, or if the offender previously has been	5128
convicted of or pleaded guilty to violating division (A)(1)(b) of	5129
section 2907.02 of the Revised Code or to violating an existing or	5130
former law of this state, another state, or the United States that	5131
is substantially similar to division (A)(1)(b) of that section, or	5132
if the offender during or immediately after the commission of the	5133
offense caused serious physical harm to the victim, a minimum term	5134
of twenty-five years and a maximum of life imprisonment.	5135

(2) Notwithstanding section 2929.13, division (A) or (D) of	5136
section 2929.14, or another section of the Revised Code other than	5137
divisions (B) and (C) of section 2929.14 of the Revised Code that	5138
authorizes or requires a specified prison term or a mandatory	5139
prison term for a person who is convicted of or pleads guilty to a	5140
felony or that specifies the manner and place of service of a	5141
prison term or term of imprisonment and except as otherwise	5142
provided in division (B) of section 2907.02 of the Revised Code,	5143
if a person is convicted of or pleads guilty to attempted rape	5144
committed on or after January 2, 2007, and if division (A) of this	5145
section does not apply regarding the person, the court shall	5146
impose upon the person an indefinite prison term consisting of one	5147
of the following:	5148

(a) If the person also is convicted of or pleads guilty to a	5149
specification of the type described in section 2941.1418 of the	5150
Revised Code, the court shall impose upon the person an indefinite	5151
prison term consisting of a minimum term of five years and a	5152
maximum term of twenty-five years.	5153

(b) If the person also is convicted of or pleads guilty to a	5154
specification of the type described in section 2941.1419 of the	5155
Revised Code, the court shall impose upon the person an indefinite	5156
prison term consisting of a minimum term of ten years and a	5157
maximum term of life imprisonment.	5158

(c) If the person also is convicted of or pleads guilty to a	5159
specification of the type described in section 2941.1420 of the	5160
Revised Code, the court shall impose upon the person an indefinite	5161
prison term consisting of a minimum term of fifteen years and a	5162
maximum term of life imprisonment.	5163

(3) Notwithstanding section 2929.13, division (A) or (D) of	5164
section 2929.14, or another section of the Revised Code other than	5165
divisions (B) and (C) of section 2929.14 of the Revised Code that	5166
authorizes or requires a specified prison term or a mandatory	5167
prison term for a person who is convicted of or pleads guilty to a	5168
felony or that specifies the manner and place of service of a	5169
prison term or term of imprisonment, if a person is convicted of	5170
or pleads guilty to an offense described in division (B)(3)(a),	5171
(b), (c), or (d) of this section committed on or after January 1,	5172
2008, if the person also is convicted of or pleads guilty to a	5173
sexual motivation specification that was included in the	5174
indictment, count in the indictment, or information charging that	5175
offense, and if division (A) of this section does not apply	5176
regarding the person, the court shall impose upon the person an	5177
indefinite prison term consisting of one of the following:	5178

(a) An indefinite prison term consisting of a minimum of ten	5179
years and a maximum term of life imprisonment if the offense for	5180
which the sentence is being imposed is kidnapping, the victim of	5181
the offense is less than thirteen years of age, and the offender	5182
released the victim in a safe place unharmed;	5183

(b) An indefinite prison term consisting of a minimum of	5184
fifteen years and a maximum term of life imprisonment if the	5185
offense for which the sentence is being imposed is kidnapping when	5186
the victim of the offense is less than thirteen years of age and	5187
division (B)(3)(a) of this section does not apply;	5188

(c) An indefinite term consisting of a minimum of thirty	5189
years and a maximum term of life imprisonment if the offense for	5190
which the sentence is being imposed is aggravated murder, when the	5191
victim of the offense is less than thirteen years of age, a	5192
sentence of death or life imprisonment without parole is not	5193
imposed for the offense, and division (A)(2)(b)(ii) of section	5194
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii),	5195
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or	5196
division (A) or (B)(C) of section 2929.062929.02 of the Revised	5197
Code requires that the sentence for the offense be imposed	5198
pursuant to this division;	5199

(d) An indefinite prison term consisting of a minimum of	5200
thirty years and a maximum term of life imprisonment if the	5201
offense for which the sentence is being imposed is murder when the	5202
victim of the offense is less than thirteen years of age.	5203

(C)(1) If the offender is sentenced to a prison term pursuant	5204
to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	5205
(c), or (B)(3)(a), (b), (c), or (d) of this section, the parole	5206
board shall have control over the offender's service of the term	5207
during the entire term unless the parole board terminates its	5208
control in accordance with section 2971.04 of the Revised Code.	5209

(2) Except as provided in division (C)(3) of this section, an	5210
offender sentenced to a prison term or term of life imprisonment	5211
without parole pursuant to division (A) of this section shall	5212
serve the entire prison term or term of life imprisonment in a	5213
state correctional institution. The offender is not eligible for	5214
judicial release under section 2929.20 of the Revised Code.	5215

(3) For a prison term imposed pursuant to division (A)(3),	5216
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	5217
(c), or (d) of this section, the court, in accordance with section	5218
2971.05 of the Revised Code, may terminate the prison term or	5219
modify the requirement that the offender serve the entire term in	5220
a state correctional institution if all of the following apply:	5221

(a) The offender has served at least the minimum term imposed	5222
as part of that prison term.	5223

(b) The parole board, pursuant to section 2971.04 of the	5224
Revised Code, has terminated its control over the offender's	5225
service of that prison term.	5226

(c) The court has held a hearing and found, by clear and	5227
convincing evidence, one of the following:	5228

(i) In the case of termination of the prison term, that the	5229
offender is unlikely to commit a sexually violent offense in the	5230
future;	5231

(ii) In the case of modification of the requirement, that the	5232
offender does not represent a substantial risk of physical harm to	5233
others.	5234

(4) An offender who has been sentenced to a term of life	5235
imprisonment without parole pursuant to division (A)(1), (2), or	5236
(4) of this section shall not be released from the term of life	5237
imprisonment or be permitted to serve a portion of it in a place	5238
other than a state correctional institution.	5239

(D) If a court sentences an offender to a prison term or term	5240
of life imprisonment without parole pursuant to division (A) of	5241
this section and the court also imposes on the offender one or	5242
more additional prison terms pursuant to division (B) of section	5243
2929.14 of the Revised Code, all of the additional prison terms	5244
shall be served consecutively with, and prior to, the prison term	5245
or term of life imprisonment without parole imposed upon the	5246
offender pursuant to division (A) of this section.	5247

(E) If the offender is convicted of or pleads guilty to two	5248
or more offenses for which a prison term or term of life	5249
imprisonment without parole is required to be imposed pursuant to	5250
division (A) of this section, divisions (A) to (D) of this section	5251
shall be applied for each offense. All minimum terms imposed upon	5252
the offender pursuant to division (A)(3) or (B) of this section	5253
for those offenses shall be aggregated and served consecutively,	5254
as if they were a single minimum term imposed under that division.	5255

(F)(1) If an offender is convicted of or pleads guilty to a	5256
violent sex offense and also is convicted of or pleads guilty to a	5257
sexually violent predator specification that was included in the	5258
indictment, count in the indictment, or information charging that	5259
offense, or is convicted of or pleads guilty to a designated	5260
homicide, assault, or kidnapping offense and also is convicted of	5261
or pleads guilty to both a sexual motivation specification and a	5262
sexually violent predator specification that were included in the	5263
indictment, count in the indictment, or information charging that	5264
offense, the conviction of or plea of guilty to the offense and	5265
the sexually violent predator specification automatically	5266
classifies the offender as a tier III sex offender/child-victim	5267
offender for purposes of Chapter 2950. of the Revised Code.	5268

(2) If an offender is convicted of or pleads guilty to	5269
committing on or after January 2, 2007, a violation of division	5270
(A)(1)(b) of section 2907.02 of the Revised Code and either the	5271
offender is sentenced under section 2971.03 of the Revised Code or	5272
a sentence of life without parole is imposed under division (B) of	5273
section 2907.02 of the Revised Code, the conviction of or plea of	5274
guilty to the offense automatically classifies the offender as a	5275
tier III sex offender/child-victim offender for purposes of	5276
Chapter 2950. of the Revised Code.	5277

(3) If a person is convicted of or pleads guilty to	5278
committing on or after January 2, 2007, attempted rape and also is	5279
convicted of or pleads guilty to a specification of the type	5280
described in section 2941.1418, 2941.1419, or 2941.1420 of the	5281
Revised Code, the conviction of or plea of guilty to the offense	5282
and the specification automatically classify the offender as a	5283
tier III sex offender/child-victim offender for purposes of	5284
Chapter 2950. of the Revised Code.	5285

(4) If a person is convicted of or pleads guilty to one of	5286
the offenses described in division (B)(3)(a), (b), (c), or (d) of	5287
this section and a sexual motivation specification related to the	5288
offense and the victim of the offense is less than thirteen years	5289
of age, the conviction of or plea of guilty to the offense	5290
automatically classifies the offender as a tier III sex	5291
offender/child-victim offender for purposes of Chapter 2950. of	5292
the Revised Code.	5293

Sec. 2971.07.  (A) This chapter does not apply to any	5294
offender unless the offender is one of the following:	5295

(1) The offender is convicted of or pleads guilty to a	5296
violent sex offense and also is convicted of or pleads guilty to a	5297
sexually violent predator specification that was included in the	5298
indictment, count in the indictment, or information charging that	5299
offense.	5300

(2) The offender is convicted of or pleads guilty to a	5301
designated homicide, assault, or kidnapping offense and also is	5302
convicted of or pleads guilty to both a sexual motivation	5303
specification and a sexually violent predator specification that	5304
were included in the indictment, count in the indictment, or	5305
information charging that offense.	5306

(3) The offender is convicted of or pleads guilty to a	5307
violation of division (A)(1)(b) of section 2907.02 of the Revised	5308
Code committed on or after January 2, 2007, and the court does not	5309
sentence the offender to a term of life without parole pursuant to	5310
division (B) of section 2907.02 of the Revised Code or division	5311
(B) of that section prohibits the court from sentencing the	5312
offender pursuant to section 2971.03 of the Revised Code.	5313

(4) The offender is convicted of or pleads guilty to	5314
attempted rape committed on or after January 2, 2007, and also is	5315
convicted of or pleads guilty to a specification of the type	5316
described in section 2941.1418, 2941.1419, or 2941.1420 of the	5317
Revised Code.	5318

(5) The offender is convicted of or pleads guilty to a	5319
violation of section 2905.01 of the Revised Code and also is	5320
convicted of or pleads guilty to a sexual motivation specification	5321
that was included in the indictment, count in the indictment, or	5322
information charging that offense, and that section requires a	5323
court to sentence the offender pursuant to section 2971.03 of the	5324
Revised Code.	5325

(6) The offender is convicted of or pleads guilty to	5326
aggravated murder and also is convicted of or pleads guilty to a	5327
sexual motivation specification that was included in the	5328
indictment, count in the indictment, or information charging that	5329
offense, and division (A)(2)(b)(ii) of section 2929.022, division	5330
(A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv),	5331
or (E)(1)(d) of section 2929.03, or division (A) or (B)(C) of	5332
section 2929.062929.02 of the Revised Code requires a court to	5333
sentence the offender pursuant to division (B)(3) of section	5334
2971.03 of the Revised Code.	5335

(7) The offender is convicted of or pleads guilty to murder	5336
and also is convicted of or pleads guilty to a sexual motivation	5337
specification that was included in the indictment, count in the	5338
indictment, or information charging that offense, and division	5339
(B)(2)(C) of section 2929.02 of the Revised Code requires a court	5340
to sentence the offender pursuant to section 2971.03 of the	5341
Revised Code.	5342

(B) This chapter does not limit or affect a court in imposing	5343
upon an offender described in divisions (A)(1) to (9) of this	5344
section any financial sanction under section 2929.18 or any other	5345
section of the Revised Code, or, except as specifically provided	5346
in this chapter, any other sanction that is authorized or required	5347
for the offense or violation by any other provision of law.	5348

(C) If an offender is sentenced to a prison term under	5349
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	5350
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	5351
Code and if, pursuant to section 2971.05 of the Revised Code, the	5352
court modifies the requirement that the offender serve the entire	5353
prison term in a state correctional institution or places the	5354
offender on conditional release that involves the placement of the	5355
offender under the supervision of the adult parole authority,	5356
authorized field officers of the authority who are engaged within	5357
the scope of their supervisory duties or responsibilities may	5358
search, with or without a warrant, the person of the offender, the	5359
place of residence of the offender, and a motor vehicle, another	5360
item of tangible or intangible personal property, or any other	5361
real property in which the offender has the express or implied	5362
permission of a person with a right, title, or interest to use,	5363
occupy, or possess if the field officer has reasonable grounds to	5364
believe that the offender is not abiding by the law or otherwise	5365
is not complying with the terms and conditions of the offender's	5366
modification or release. The authority shall provide each offender	5367
with a written notice that informs the offender that authorized	5368
field officers of the authority who are engaged within the scope	5369
of their supervisory duties or responsibilities may conduct those	5370
types of searches during the period of the modification or release	5371
if they have reasonable grounds to believe that the offender is	5372
not abiding by the law or otherwise is not complying with the	5373
terms and conditions of the offender's modification or release.	5374

Sec. 5120.113.  (A) For each inmate committed to the	5375
department of rehabilitation and correction, except as provided in	5376
division (B) of this section, the department shall prepare a	5377
written reentry plan for the inmate to help guide the inmate's	5378
rehabilitation program during imprisonment, to assist in the	5379
inmate's reentry into the community, and to assess the inmate's	5380
needs upon release.	5381

(B) Division (A) of this section does not apply to an inmate	5382
who has been sentenced to life imprisonment without parole or who	5383
has been sentenced to death. Division (A) of this section does not	5384
apply to any inmate who is expected to be imprisoned for thirty	5385
days or less, but the department may prepare a written reentry	5386
plan of the type described in that division if the department	5387
determines that the plan is needed.	5388

(C) The department may collect, if available, any social and	5389
other information that will aid in the preparation of reentry	5390
plans under this section.	5391

(D) In the event the department does not prepare a written	5392
reentry plan as specified in division (A) of this section, or	5393
makes a decision to not prepare a written reentry plan under	5394
division (B) of this section or to not collect information under	5395
division (C) of this section, that fact does not give rise to a	5396
claim for damages against the state, the department, the director	5397
of the department, or any employee of the department.	5398

Sec. 5120.61.  (A)(1) Not later than ninety days after	5399
January 1, 1997, the department of rehabilitation and correction	5400
shall adopt standards that it will use under this section to	5401
assess the following criminal offenders and may periodically	5402
revise the standards:	5403

(a) A criminal offender who is convicted of or pleads guilty	5404
to a violent sex offense or designated homicide, assault, or	5405
kidnapping offense and is adjudicated a sexually violent predator	5406
in relation to that offense;	5407

(b) A criminal offender who is convicted of or pleads guilty	5408
to a violation of division (A)(1)(b) of section 2907.02 of the	5409
Revised Code committed on or after January 2, 2007, and either who	5410
is sentenced under section 2971.03 of the Revised Code or upon	5411
whom a sentence of life without parole is imposed under division	5412
(B) of section 2907.02 of the Revised Code;	5413

(c) A criminal offender who is convicted of or pleads guilty	5414
to attempted rape committed on or after January 2, 2007, and a	5415
specification of the type described in section 2941.1418,	5416
2941.1419, or 2941.1420 of the Revised Code;	5417

(d) A criminal offender who is convicted of or pleads guilty	5418
to a violation of section 2905.01 of the Revised Code and also is	5419
convicted of or pleads guilty to a sexual motivation specification	5420
that was included in the indictment, count in the indictment, or	5421
information charging that offense, and who is sentenced pursuant	5422
to section 2971.03 of the Revised Code;	5423

(e) A criminal offender who is convicted of or pleads guilty	5424
to aggravated murder and also is convicted of or pleads guilty to	5425
a sexual motivation specification that was included in the	5426
indictment, count in the indictment, or information charging that	5427
offense, and who pursuant to division (A)(2)(b)(ii) of section	5428
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii),	5429
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or	5430
division (A) or (B)(C) of section 2929.062929.02 of the Revised	5431
Code is sentenced pursuant to division (B)(3) of section 2971.03	5432
of the Revised Code;	5433

(f) A criminal offender who is convicted of or pleads guilty	5434
to murder and also is convicted of or pleads guilty to a sexual	5435
motivation specification that was included in the indictment,	5436
count in the indictment, or information charging that offense, and	5437
who pursuant to division (B)(2)(C)(1) of section 2929.02 of the	5438
Revised Code is sentenced pursuant to section 2971.03 of the	5439
Revised Code.	5440

(2) When the department is requested by the parole board or	5441
the court to provide a risk assessment report of the offender	5442
under section 2971.04 or 2971.05 of the Revised Code, it shall	5443
assess the offender and complete the assessment as soon as	5444
possible after the offender has commenced serving the prison term	5445
or term of life imprisonment without parole imposed under division	5446
(A), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a),	5447
(b), (c), or (d) of section 2971.03 of the Revised Code.	5448
Thereafter, the department shall update a risk assessment report	5449
pertaining to an offender as follows:	5450

(a) Periodically, in the discretion of the department,	5451
provided that each report shall be updated no later than two years	5452
after its initial preparation or most recent update;	5453

(b) Upon the request of the parole board for use in	5454
determining pursuant to section 2971.04 of the Revised Code	5455
whether it should terminate its control over an offender's service	5456
of a prison term imposed upon the offender under division (A)(3),	5457
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	5458
(c), or (d) of section 2971.03 of the Revised Code;	5459

(c) Upon the request of the court.

5460

(3) After the department of rehabilitation and correction	5461
assesses an offender pursuant to division (A)(2) of this section,	5462
it shall prepare a report that contains its risk assessment for	5463
the offender or, if a risk assessment report previously has been	5464
prepared, it shall update the risk assessment report.	5465

(4) The department of rehabilitation and correction shall	5466
provide each risk assessment report that it prepares or updates	5467
pursuant to this section regarding an offender to all of the	5468
following:	5469

(a) The parole board for its use in determining pursuant to	5470
section 2971.04 of the Revised Code whether it should terminate	5471
its control over an offender's service of a prison term imposed	5472
upon the offender under division (A)(3), (B)(1)(a), (b), or (c),	5473
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	5474
2971.03 of the Revised Code, if the parole board has not	5475
terminated its control over the offender;	5476

(b) The court for use in determining, pursuant to section	5477
2971.05 of the Revised Code, whether to modify the requirement	5478
that the offender serve the entire prison term imposed upon the	5479
offender under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a),	5480
(b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of	5481
the Revised Code in a state correctional institution, whether to	5482
revise any modification previously made, or whether to terminate	5483
the prison term;	5484

(c) The prosecuting attorney who prosecuted the case, or the	5485
successor in office to that prosecuting attorney;	5486

(d) The offender.

5487

(B) When the department of rehabilitation and correction	5488
provides a risk assessment report regarding an offender to the	5489
parole board or court pursuant to division (A)(4)(a) or (b) of	5490
this section, the department, prior to the parole board's or	5491
court's hearing, also shall provide to the offender or to the	5492
offender's attorney of record a copy of the report and a copy of	5493
any other relevant documents the department possesses regarding	5494
the offender that the department does not consider to be	5495
confidential.	5496

(C) As used in this section:

5497

(1) "Adjudicated a sexually violent predator" has the same	5498
meaning as in section 2929.01 of the Revised Code, and a person is	5499
"adjudicated a sexually violent predator" in the same manner and	5500
the same circumstances as are described in that section.	5501

(2) "Designated homicide, assault, or kidnapping offense" and	5502
"violent sex offense" have the same meanings as in section 2971.01	5503
of the Revised Code.	5504

Sec. 5919.16.  (A) Commissioned and warrant officers in the	5505
Ohio national guard shall be discharged by the adjutant general	5506
upon either of the following:	5507

(1) The officer's resignation;

5508

(2) Approval of a board's recommendation for withdrawal of	5509
federal recognition by the chief of the national guard bureau.	5510

(B) An officer also may be discharged under any of the	5511
following circumstances:	5512

(1) Pursuant to other federal regulations;

5513

(2) If absent without leave for three months, upon	5514
recommendation of an efficiency board;	5515

(3) Pursuant to sentence by court-martial;

5516

(4) If the officer has been convicted of a crime classified	5517
as a felony as described in division (C) or (D) or (E) of section	5518
2901.02 of the Revised Code.	5519

Section 2.  That existing sections 120.03, 120.06, 120.14,	5520
120.16, 120.18, 120.24, 120.26, 120.28, 120.33, 120.34, 1901.183,	5521
2152.13, 2152.67, 2301.20, 2307.60, 2313.37, 2701.07, 2743.51,	5522
2901.02, 2909.24, 2929.02, 2929.13, 2929.14, 2941.021, 2941.14,	5523
2941.148, 2941.401, 2941.43, 2941.51, 2945.06, 2945.21, 2945.25,	5524
2945.33, 2945.38, 2949.02, 2949.03, 2953.02, 2953.07, 2953.08,	5525
2953.09, 2953.10, 2953.21, 2953.23, 2953.71, 2953.72, 2953.81,	5526
2967.05, 2967.13, 2967.193, 2971.03, 2971.07, 5120.113, 5120.61,	5527
and 5919.16 and sections 109.97, 120.35, 2929.021, 2929.022,	5528
2929.023, 2929.024, 2929.03, 2929.04, 2929.05, 2929.06, 2947.08,	5529
2949.21, 2949.22, 2949.24, 2949.25, 2949.26, 2949.27, 2949.28,	5530
2949.29, 2949.31, and 2967.08 of the Revised Code are hereby	5531
repealed.	5532

Section 3. (A) An offender whose sentence of death has been	5533
set aside, nullified, or vacated pursuant to section 2929.06 of	5534
the Revised Code as it existed immediately before the effective	5535
date of this act but who has not been resentenced under that	5536
section as of the effective date of this act shall be resentenced	5537
in accordance with that section as it existed immediately before	5538
the effective date of this act.	5539

(B) An offender who was sentenced to death before the	5540
effective date of this act shall have the same right to	5541
postconviction DNA testing as the offender had under sections	5542
2953.71 to 2953.81 of the Revised Code as they existed immediately	5543
before the effective date of this act or as they may hereafter be	5544
amended.	5545

(C) All reports and payments relating to capital cases that	5546
were required to be made under any provision of Chapter 120. or	5547
section 109.97 of the Revised Code as that provision existed	5548
immediately before the effective date of this act shall be made	5549
for the current calendar or fiscal year, as applicable, in	5550
accordance with that provision as it existed immediately before	5551
the effective date of this act.	5552

Section 4. This act is hereby declared to be an emergency	5553
measure necessary for the immediate preservation of the public	5554
peace, health, and safety. The reason for such necessity is to	5555
preserve life by preventing the execution of death sentences	5556
imposed before the effective date of this act but not yet carried	5557
out. Therefore, this act shall go into immediate effect.	5558

Section 5.  Section 2953.07 of the Revised Code is presented	5559
in this act as a composite of the section as amended by both Am.	5560
Sub. S.B. 2 and Am. Sub. S.B. 4 of the 121st General Assembly. The	5561
General Assembly, applying the principle stated in division (B) of	5562
section 1.52 of the Revised Code that amendments are to be	5563
harmonized if reasonably capable of simultaneous operation, finds	5564
that the composites are the resulting versions of these sections	5565
in effect prior to the effective dates of the sections as	5566
presented in this act.	5567