|
|
| To amend section 2929.22 of the Revised Code to | 1 |
| require a court in determining the sentence for a | 2 |
| misdemeanor offense to consider emotional, mental, | 3 |
| or physical conditions traceable to an offender's | 4 |
| military service that contributed to the | 5 |
| offender's commission of the offense and to | 6 |
| consider whether the offender has provided | 7 |
| military service in a clearly exceptional manner. | 8 |
| Section 1. That section 2929.22 of the Revised Code be | 9 |
| amended to read as follows: | 10 |
| Sec. 2929.22. (A) Unless a mandatory jail term is required | 11 |
| to be imposed by division (G) of section 1547.99, division (B) of | 12 |
| section 4510.14, division (G) of section 4511.19 of the Revised | 13 |
| Code, or any other provision of the Revised Code a court that | 14 |
| imposes a sentence under this chapter upon an offender for a | 15 |
| misdemeanor or minor misdemeanor has discretion to determine the | 16 |
| most effective way to achieve the purposes and principles of | 17 |
| sentencing set forth in section 2929.21 of the Revised Code. | 18 |
| Unless a specific sanction is required to be imposed or is | 19 |
| precluded from being imposed by the section setting forth an | 20 |
| offense or the penalty for an offense or by any provision of | 21 |
| sections 2929.23 to 2929.28 of the Revised Code, a court that | 22 |
| imposes a sentence upon an offender for a misdemeanor may impose | 23 |
| on the offender any sanction or combination of sanctions under | 24 |
| sections 2929.24 to 2929.28 of the Revised Code. The court shall | 25 |
| not impose a sentence that imposes an unnecessary burden on local | 26 |
| government resources. | 27 |
| (B)(1) In determining the appropriate sentence for a | 28 |
| misdemeanor, the court shall consider all of the following | 29 |
| factors: | 30 |
| (a) The nature and circumstances of the offense or offenses; | 31 |
| (b) Whether the circumstances regarding the offender and the | 32 |
| offense or offenses indicate that the offender has a history of | 33 |
| persistent criminal activity and that the offender's character and | 34 |
| condition reveal a substantial risk that the offender will commit | 35 |
| another offense; | 36 |
| (c) Whether the circumstances regarding the offender and the | 37 |
| offense or offenses indicate that the offender's history, | 38 |
| character, and condition reveal a substantial risk that the | 39 |
| offender will be a danger to others and that the offender's | 40 |
| conduct has been characterized by a pattern of repetitive, | 41 |
| compulsive, or aggressive behavior with heedless indifference to | 42 |
| the consequences; | 43 |
| (d) Whether the victim's youth, age, disability, or other | 44 |
| factor made the victim particularly vulnerable to the offense or | 45 |
| made the impact of the offense more serious; | 46 |
| (e) Whether the offender is likely to commit future crimes in | 47 |
| general, in addition to the circumstances described in divisions | 48 |
| (B)(1)(b) and (c) of this section; | 49 |
| (f) Whether the offender has an emotional, mental, or | 50 |
| physical condition that is traceable to the offender's service in | 51 |
| the armed forces of the United States and that was a contributing | 52 |
| factor in the offender's commission of the offense or offenses; | 53 |
| (g) Whether the offender has rendered service in the armed | 54 |
| forces of the United States in a clearly exceptional manner. | 55 |
| (2) In determining the appropriate sentence for a | 56 |
| misdemeanor, in addition to complying with division (B)(1) of this | 57 |
| section, the court may consider any other factors that are | 58 |
| relevant to achieving the purposes and principles of sentencing | 59 |
| set forth in section 2929.21 of the Revised Code. | 60 |
| (C) Before imposing a jail term as a sentence for a | 61 |
| misdemeanor, a court shall consider the appropriateness of | 62 |
| imposing a community control sanction or a combination of | 63 |
| community control sanctions under sections 2929.25, 2929.26, | 64 |
| 2929.27, and 2929.28 of the Revised Code. A court may impose the | 65 |
| longest jail term authorized under section 2929.24 of the Revised | 66 |
| Code only upon offenders who commit the worst forms of the offense | 67 |
| or upon offenders whose conduct and response to prior sanctions | 68 |
| for prior offenses demonstrate that the imposition of the longest | 69 |
| jail term is necessary to deter the offender from committing a | 70 |
| future crime. | 71 |
| (D)(1) A sentencing court shall consider any relevant oral or | 72 |
| written statement made by the victim, the defendant, the defense | 73 |
| attorney, or the prosecuting authority regarding sentencing for a | 74 |
| misdemeanor. This division does not create any rights to notice | 75 |
| other than those rights authorized by Chapter 2930. of the Revised | 76 |
| Code. | 77 |
| (2) At the time of sentencing for a misdemeanor or as soon as | 78 |
| possible after sentencing, the court shall notify the victim of | 79 |
| the offense of the victim's right to file an application for an | 80 |
| award of reparations pursuant to sections 2743.51 to 2743.72 of | 81 |
| the Revised Code. | 82 |
| Section 2. That existing section 2929.22 of the Revised Code | 83 |
| is hereby repealed. | 84 |