As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 508


Representative Butler 

Cosponsors: Representatives Smith, Becker, Terhar, Derickson, Hood, Stebelton, Johnson, Blessing, Wachtmann 

A BILL
To amend sections 2903.02, 2929.02, 2929.14, 1
2941.148, 2967.13, 2971.03, 2971.07, and 5120.61 2
of the Revised Code to expand the offense of 3
murder to also prohibit causing the death of 4
another as a proximate result of selling the 5
person a controlled substance when the death is 6
caused by an overdose and to provide special life 7
sentences for a violation of the prohibition.8


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

       Section 1. That sections 2903.02, 2929.02, 2929.14, 2941.148, 9
2967.13, 2971.03, 2971.07, and 5120.61 of the Revised Code be 10
amended to read as follows:11

       Sec. 2903.02.  (A) No person shall purposely cause the death 12
of another or the unlawful termination of another's pregnancy.13

       (B) No person shall cause the death of another as a proximate 14
result of the offender's committing or attempting to commit an 15
offense of violence that is a felony of the first or second degree 16
and that is not a violation of section 2903.03 or 2903.04 of the 17
Revised Code.18

       (C) No person shall cause the death of another who is 19
eighteen years of age or older as a proximate result of the 20
offender's selling the other person a controlled substance in 21
violation of section 2925.03 of the Revised Code.22

       (D) No person shall cause the death of another who is under 23
eighteen years of age as a proximate result of the offender's 24
selling the other person a controlled substance in violation of 25
section 2925.03 of the Revised Code.26

       (E)(1) Division (B) of this section does not apply to an 27
offense that becomes a felony of the first or second degree only 28
if the offender previously has been convicted of that offense or 29
another specified offense.30

       (D)(2) For purposes of divisions (C) and (D) of this section, 31
a person who sells another person a controlled substance in 32
violation of section 2925.03 of the Revised Code "causes the death 33
of the other person as a proximate result of selling the other 34
person the controlled substance" if the other person died as a 35
result of either of the following:36

       (a) An overdose of that controlled substance;37

       (b) An overdose of that controlled substance combined with 38
one or more other controlled substances, with alcohol, or with one 39
or more other controlled substances and alcohol.40

       (F) Whoever violates this section is guilty of murder, and 41
shall be punished as provided in section 2929.02 of the Revised 42
Code.43

       Sec. 2929.02.  (A) Whoever is convicted of or pleads guilty 44
to aggravated murder in violation of section 2903.01 of the 45
Revised Code shall suffer death or be imprisoned for life, as 46
determined pursuant to sections 2929.022, 2929.03, and 2929.04 of 47
the Revised Code, except that no person who raises the matter of 48
age pursuant to section 2929.023 of the Revised Code and who is 49
not found to have been eighteen years of age or older at the time 50
of the commission of the offense shall suffer death. In addition, 51
the offender may be fined an amount fixed by the court, but not 52
more than twenty-five thousand dollars.53

       (B)(1) Except as otherwise provided in division (B)(2) or,54
(3), (4), or (5) of this section, whoever is convicted of or 55
pleads guilty to murder in violation of section 2903.02 of the 56
Revised Code shall be imprisoned for an indefinite term of fifteen 57
years to life.58

       (2) Except as otherwise provided in division (B)(3) or (5) of 59
this section, if a person is convicted of or pleads guilty to 60
murder in violation of division (C) of section 2903.02 of the 61
Revised Code, the court shall impose upon the offender a sentence 62
of life imprisonment with parole eligibility after serving twenty 63
years of imprisonment or life imprisonment with parole eligibility 64
after serving twenty-five full years of imprisonment.65

       (3) Except as otherwise provided in division (B)(3)(4) or (5)66
of this section, if a person is convicted of or pleads guilty to 67
murder in violation of section 2903.02 of the Revised Code, the 68
victim of the offense was less than thirteen years of age, and the 69
offender also is convicted of or pleads guilty to a sexual 70
motivation specification that was included in the indictment, 71
count in the indictment, or information charging the offense, the 72
court shall impose an indefinite prison term of thirty years to 73
life pursuant to division (B)(3) of section 2971.03 of the Revised 74
Code.75

       (3)(4) Except as otherwise provided in division (B)(5) of 76
this section, if a person is convicted of or pleads guilty to 77
murder in violation of division (D) of section 2903.02 of the 78
Revised Code, the court shall impose upon the offender a sentence 79
of life imprisonment with parole eligibility after serving thirty 80
years of imprisonment or life imprisonment without parole.81

       (5) If a person is convicted of or pleads guilty to murder in 82
violation of section 2903.02 of the Revised Code and also is 83
convicted of or pleads guilty to a sexual motivation specification 84
and a sexually violent predator specification that were included 85
in the indictment, count in the indictment, or information that 86
charged the murder, the court shall impose upon the offender a 87
term of life imprisonment without parole that shall be served 88
pursuant to section 2971.03 of the Revised Code. 89

       (4)(6) In addition to the term of imprisonment imposed under 90
division (B)(1), (2), (3), (4), or (5) of this section, the 91
offender may be fined an amount fixed by the court, but not more 92
than fifteen thousand dollars.93

       (C) The court shall not impose a fine or fines for aggravated 94
murder or murder which, in the aggregate and to the extent not 95
suspended by the court, exceeds the amount which the offender is 96
or will be able to pay by the method and within the time allowed 97
without undue hardship to the offender or to the dependents of the 98
offender, or will prevent the offender from making reparation for 99
the victim's wrongful death.100

       (D)(1) In addition to any other sanctions imposed for a 101
violation of section 2903.01 or 2903.02 of the Revised Code, if 102
the offender used a motor vehicle as the means to commit the 103
violation, the court shall impose upon the offender a class two 104
suspension of the offender's driver's license, commercial driver's 105
license, temporary instruction permit, probationary license, or 106
nonresident operating privilege as specified in division (A)(2) of 107
section 4510.02 of the Revised Code.108

       (2) As used in division (D) of this section, "motor vehicle" 109
has the same meaning as in section 4501.01 of the Revised Code.110

       Sec. 2929.14.  (A) Except as provided in division (B)(1), 111
(B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (E), (G), 112
(H), or (J) of this section or in division (D)(6) of section 113
2919.25 of the Revised Code and except in relation to an offense 114
for which a sentence of death or life imprisonment is to be 115
imposed, if the court imposing a sentence upon an offender for a 116
felony elects or is required to impose a prison term on the 117
offender pursuant to this chapter, the court shall impose a 118
definite prison term that shall be one of the following:119

       (1) For a felony of the first degree, the prison term shall 120
be three, four, five, six, seven, eight, nine, ten, or eleven 121
years.122

       (2) For a felony of the second degree, the prison term shall 123
be two, three, four, five, six, seven, or eight years.124

       (3)(a) For a felony of the third degree that is a violation 125
of section 2903.06, 2903.08, 2907.03, 2907.04, or 2907.05 of the 126
Revised Code or that is a violation of section 2911.02 or 2911.12 127
of the Revised Code if the offender previously has been convicted 128
of or pleaded guilty in two or more separate proceedings to two or 129
more violations of section 2911.01, 2911.02, 2911.11, or 2911.12 130
of the Revised Code, the prison term shall be twelve, eighteen, 131
twenty-four, thirty, thirty-six, forty-two, forty-eight, 132
fifty-four, or sixty months.133

       (b) For a felony of the third degree that is not an offense 134
for which division (A)(3)(a) of this section applies, the prison 135
term shall be nine, twelve, eighteen, twenty-four, thirty, or 136
thirty-six months.137

       (4) For a felony of the fourth degree, the prison term shall 138
be six, seven, eight, nine, ten, eleven, twelve, thirteen, 139
fourteen, fifteen, sixteen, seventeen, or eighteen months.140

       (5) For a felony of the fifth degree, the prison term shall 141
be six, seven, eight, nine, ten, eleven, or twelve months.142

       (B)(1)(a) Except as provided in division (B)(1)(e) of this 143
section, if an offender who is convicted of or pleads guilty to a 144
felony also is convicted of or pleads guilty to a specification of 145
the type described in section 2941.141, 2941.144, or 2941.145 of 146
the Revised Code, the court shall impose on the offender one of 147
the following prison terms:148

       (i) A prison term of six years if the specification is of the 149
type described in section 2941.144 of the Revised Code that 150
charges the offender with having a firearm that is an automatic 151
firearm or that was equipped with a firearm muffler or silencer on 152
or about the offender's person or under the offender's control 153
while committing the felony;154

       (ii) A prison term of three years if the specification is of 155
the type described in section 2941.145 of the Revised Code that 156
charges the offender with having a firearm on or about the 157
offender's person or under the offender's control while committing 158
the offense and displaying the firearm, brandishing the firearm, 159
indicating that the offender possessed the firearm, or using it to 160
facilitate the offense;161

       (iii) A prison term of one year if the specification is of 162
the type described in section 2941.141 of the Revised Code that 163
charges the offender with having a firearm on or about the 164
offender's person or under the offender's control while committing 165
the felony.166

       (b) If a court imposes a prison term on an offender under 167
division (B)(1)(a) of this section, the prison term shall not be 168
reduced pursuant to section 2967.19, section 2929.20, section 169
2967.193, or any other provision of Chapter 2967. or Chapter 5120. 170
of the Revised Code. Except as provided in division (B)(1)(g) of 171
this section, a court shall not impose more than one prison term 172
on an offender under division (B)(1)(a) of this section for 173
felonies committed as part of the same act or transaction.174

       (c) Except as provided in division (B)(1)(e) of this section, 175
if an offender who is convicted of or pleads guilty to a violation 176
of section 2923.161 of the Revised Code or to a felony that 177
includes, as an essential element, purposely or knowingly causing 178
or attempting to cause the death of or physical harm to another, 179
also is convicted of or pleads guilty to a specification of the 180
type described in section 2941.146 of the Revised Code that 181
charges the offender with committing the offense by discharging a 182
firearm from a motor vehicle other than a manufactured home, the 183
court, after imposing a prison term on the offender for the 184
violation of section 2923.161 of the Revised Code or for the other 185
felony offense under division (A), (B)(2), or (B)(3) of this 186
section, shall impose an additional prison term of five years upon 187
the offender that shall not be reduced pursuant to section 188
2929.20, section 2967.19, section 2967.193, or any other provision 189
of Chapter 2967. or Chapter 5120. of the Revised Code. A court 190
shall not impose more than one additional prison term on an 191
offender under division (B)(1)(c) of this section for felonies 192
committed as part of the same act or transaction. If a court 193
imposes an additional prison term on an offender under division 194
(B)(1)(c) of this section relative to an offense, the court also 195
shall impose a prison term under division (B)(1)(a) of this 196
section relative to the same offense, provided the criteria 197
specified in that division for imposing an additional prison term 198
are satisfied relative to the offender and the offense.199

       (d) If an offender who is convicted of or pleads guilty to an 200
offense of violence that is a felony also is convicted of or 201
pleads guilty to a specification of the type described in section 202
2941.1411 of the Revised Code that charges the offender with 203
wearing or carrying body armor while committing the felony offense 204
of violence, the court shall impose on the offender a prison term 205
of two years. The prison term so imposed, subject to divisions (C) 206
to (I) of section 2967.19 of the Revised Code, shall not be 207
reduced pursuant to section 2929.20, section 2967.19, section 208
2967.193, or any other provision of Chapter 2967. or Chapter 5120. 209
of the Revised Code. A court shall not impose more than one prison 210
term on an offender under division (B)(1)(d) of this section for 211
felonies committed as part of the same act or transaction. If a 212
court imposes an additional prison term under division (B)(1)(a) 213
or (c) of this section, the court is not precluded from imposing 214
an additional prison term under division (B)(1)(d) of this 215
section.216

       (e) The court shall not impose any of the prison terms 217
described in division (B)(1)(a) of this section or any of the 218
additional prison terms described in division (B)(1)(c) of this 219
section upon an offender for a violation of section 2923.12 or 220
2923.123 of the Revised Code. The court shall not impose any of 221
the prison terms described in division (B)(1)(a) or (b) of this 222
section upon an offender for a violation of section 2923.122 that 223
involves a deadly weapon that is a firearm other than a dangerous 224
ordnance, section 2923.16, or section 2923.121 of the Revised 225
Code. The court shall not impose any of the prison terms described 226
in division (B)(1)(a) of this section or any of the additional 227
prison terms described in division (B)(1)(c) of this section upon 228
an offender for a violation of section 2923.13 of the Revised Code 229
unless all of the following apply:230

       (i) The offender previously has been convicted of aggravated 231
murder, murder, or any felony of the first or second degree.232

       (ii) Less than five years have passed since the offender was 233
released from prison or post-release control, whichever is later, 234
for the prior offense.235

        (f) If an offender is convicted of or pleads guilty to a 236
felony that includes, as an essential element, causing or 237
attempting to cause the death of or physical harm to another and 238
also is convicted of or pleads guilty to a specification of the 239
type described in section 2941.1412 of the Revised Code that 240
charges the offender with committing the offense by discharging a 241
firearm at a peace officer as defined in section 2935.01 of the 242
Revised Code or a corrections officer, as defined in section 243
2941.1412 of the Revised Code, the court, after imposing a prison 244
term on the offender for the felony offense under division (A), 245
(B)(2), or (B)(3) of this section, shall impose an additional 246
prison term of seven years upon the offender that shall not be 247
reduced pursuant to section 2929.20, section 2967.19, section 248
2967.193, or any other provision of Chapter 2967. or Chapter 5120. 249
of the Revised Code. If an offender is convicted of or pleads 250
guilty to two or more felonies that include, as an essential 251
element, causing or attempting to cause the death or physical harm 252
to another and also is convicted of or pleads guilty to a 253
specification of the type described under division (B)(1)(f) of 254
this section in connection with two or more of the felonies of 255
which the offender is convicted or to which the offender pleads 256
guilty, the sentencing court shall impose on the offender the 257
prison term specified under division (B)(1)(f) of this section for 258
each of two of the specifications of which the offender is 259
convicted or to which the offender pleads guilty and, in its 260
discretion, also may impose on the offender the prison term 261
specified under that division for any or all of the remaining 262
specifications. If a court imposes an additional prison term on an 263
offender under division (B)(1)(f) of this section relative to an 264
offense, the court shall not impose a prison term under division 265
(B)(1)(a) or (c) of this section relative to the same offense.266

       (g) If an offender is convicted of or pleads guilty to two or 267
more felonies, if one or more of those felonies are aggravated 268
murder, murder, attempted aggravated murder, attempted murder, 269
aggravated robbery, felonious assault, or rape, and if the 270
offender is convicted of or pleads guilty to a specification of 271
the type described under division (B)(1)(a) of this section in 272
connection with two or more of the felonies, the sentencing court 273
shall impose on the offender the prison term specified under 274
division (B)(1)(a) of this section for each of the two most 275
serious specifications of which the offender is convicted or to 276
which the offender pleads guilty and, in its discretion, also may 277
impose on the offender the prison term specified under that 278
division for any or all of the remaining specifications.279

       (2)(a) If division (B)(2)(b) of this section does not apply, 280
the court may impose on an offender, in addition to the longest 281
prison term authorized or required for the offense, an additional 282
definite prison term of one, two, three, four, five, six, seven, 283
eight, nine, or ten years if all of the following criteria are 284
met:285

       (i) The offender is convicted of or pleads guilty to a 286
specification of the type described in section 2941.149 of the 287
Revised Code that the offender is a repeat violent offender.288

       (ii) The offense of which the offender currently is convicted 289
or to which the offender currently pleads guilty is aggravated 290
murder and the court does not impose a sentence of death or life 291
imprisonment without parole, murder and the court does not impose 292
a sentence of life imprisonment without parole, terrorism and the 293
court does not impose a sentence of life imprisonment without 294
parole, any felony of the first degree that is an offense of 295
violence and the court does not impose a sentence of life 296
imprisonment without parole, or any felony of the second degree 297
that is an offense of violence and the trier of fact finds that 298
the offense involved an attempt to cause or a threat to cause 299
serious physical harm to a person or resulted in serious physical 300
harm to a person.301

       (iii) The court imposes the longest prison term for the 302
offense that is not life imprisonment without parole.303

       (iv) The court finds that the prison terms imposed pursuant 304
to division (B)(2)(a)(iii) of this section and, if applicable, 305
division (B)(1) or (3) of this section are inadequate to punish 306
the offender and protect the public from future crime, because the 307
applicable factors under section 2929.12 of the Revised Code 308
indicating a greater likelihood of recidivism outweigh the 309
applicable factors under that section indicating a lesser 310
likelihood of recidivism.311

       (v) The court finds that the prison terms imposed pursuant to 312
division (B)(2)(a)(iii) of this section and, if applicable, 313
division (B)(1) or (3) of this section are demeaning to the 314
seriousness of the offense, because one or more of the factors 315
under section 2929.12 of the Revised Code indicating that the 316
offender's conduct is more serious than conduct normally 317
constituting the offense are present, and they outweigh the 318
applicable factors under that section indicating that the 319
offender's conduct is less serious than conduct normally 320
constituting the offense.321

       (b) The court shall impose on an offender the longest prison 322
term authorized or required for the offense and shall impose on 323
the offender an additional definite prison term of one, two, 324
three, four, five, six, seven, eight, nine, or ten years if all of 325
the following criteria are met:326

       (i) The offender is convicted of or pleads guilty to a 327
specification of the type described in section 2941.149 of the 328
Revised Code that the offender is a repeat violent offender.329

       (ii) The offender within the preceding twenty years has been 330
convicted of or pleaded guilty to three or more offenses described 331
in division (CC)(1) of section 2929.01 of the Revised Code, 332
including all offenses described in that division of which the 333
offender is convicted or to which the offender pleads guilty in 334
the current prosecution and all offenses described in that 335
division of which the offender previously has been convicted or to 336
which the offender previously pleaded guilty, whether prosecuted 337
together or separately.338

       (iii) The offense or offenses of which the offender currently 339
is convicted or to which the offender currently pleads guilty is 340
aggravated murder and the court does not impose a sentence of 341
death or life imprisonment without parole, murder and the court 342
does not impose a sentence of life imprisonment without parole, 343
terrorism and the court does not impose a sentence of life 344
imprisonment without parole, any felony of the first degree that 345
is an offense of violence and the court does not impose a sentence 346
of life imprisonment without parole, or any felony of the second 347
degree that is an offense of violence and the trier of fact finds 348
that the offense involved an attempt to cause or a threat to cause 349
serious physical harm to a person or resulted in serious physical 350
harm to a person.351

       (c) For purposes of division (B)(2)(b) of this section, two 352
or more offenses committed at the same time or as part of the same 353
act or event shall be considered one offense, and that one offense 354
shall be the offense with the greatest penalty.355

       (d) A sentence imposed under division (B)(2)(a) or (b) of 356
this section shall not be reduced pursuant to section 2929.20, 357
section 2967.19, or section 2967.193, or any other provision of 358
Chapter 2967. or Chapter 5120. of the Revised Code. The offender 359
shall serve an additional prison term imposed under this section 360
consecutively to and prior to the prison term imposed for the 361
underlying offense.362

       (e) When imposing a sentence pursuant to division (B)(2)(a) 363
or (b) of this section, the court shall state its findings 364
explaining the imposed sentence.365

       (3) Except when an offender commits a violation of section 366
2903.01 or 2907.02 of the Revised Code and the penalty imposed for 367
the violation is life imprisonment or commits a violation of 368
section 2903.02 of the Revised Code, if the offender commits a 369
violation of section 2925.03 or 2925.11 of the Revised Code and 370
that section classifies the offender as a major drug offender, if 371
the offender commits a felony violation of section 2925.02, 372
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 373
4729.37, or 4729.61, division (C) or (D) of section 3719.172, 374
division (C) of section 4729.51, or division (J) of section 375
4729.54 of the Revised Code that includes the sale, offer to sell, 376
or possession of a schedule I or II controlled substance, with the 377
exception of marihuana, and the court imposing sentence upon the 378
offender finds that the offender is guilty of a specification of 379
the type described in section 2941.1410 of the Revised Code 380
charging that the offender is a major drug offender, if the court 381
imposing sentence upon an offender for a felony finds that the 382
offender is guilty of corrupt activity with the most serious 383
offense in the pattern of corrupt activity being a felony of the 384
first degree, or if the offender is guilty of an attempted 385
violation of section 2907.02 of the Revised Code and, had the 386
offender completed the violation of section 2907.02 of the Revised 387
Code that was attempted, the offender would have been subject to a 388
sentence of life imprisonment or life imprisonment without parole 389
for the violation of section 2907.02 of the Revised Code, the 390
court shall impose upon the offender for the felony violation a 391
mandatory prison term of the maximum prison term prescribed for a 392
felony of the first degree that, subject to divisions (C) to (I) 393
of section 2967.19 of the Revised Code, cannot be reduced pursuant 394
to section 2929.20, section 2967.19, or any other provision of 395
Chapter 2967. or 5120. of the Revised Code.396

       (4) If the offender is being sentenced for a third or fourth 397
degree felony OVI offense under division (G)(2) of section 2929.13 398
of the Revised Code, the sentencing court shall impose upon the 399
offender a mandatory prison term in accordance with that division. 400
In addition to the mandatory prison term, if the offender is being 401
sentenced for a fourth degree felony OVI offense, the court, 402
notwithstanding division (A)(4) of this section, may sentence the 403
offender to a definite prison term of not less than six months and 404
not more than thirty months, and if the offender is being 405
sentenced for a third degree felony OVI offense, the sentencing 406
court may sentence the offender to an additional prison term of 407
any duration specified in division (A)(3) of this section. In 408
either case, the additional prison term imposed shall be reduced 409
by the sixty or one hundred twenty days imposed upon the offender 410
as the mandatory prison term. The total of the additional prison 411
term imposed under division (B)(4) of this section plus the sixty 412
or one hundred twenty days imposed as the mandatory prison term 413
shall equal a definite term in the range of six months to thirty 414
months for a fourth degree felony OVI offense and shall equal one 415
of the authorized prison terms specified in division (A)(3) of 416
this section for a third degree felony OVI offense. If the court 417
imposes an additional prison term under division (B)(4) of this 418
section, the offender shall serve the additional prison term after 419
the offender has served the mandatory prison term required for the 420
offense. In addition to the mandatory prison term or mandatory and 421
additional prison term imposed as described in division (B)(4) of 422
this section, the court also may sentence the offender to a 423
community control sanction under section 2929.16 or 2929.17 of the 424
Revised Code, but the offender shall serve all of the prison terms 425
so imposed prior to serving the community control sanction.426

        If the offender is being sentenced for a fourth degree felony 427
OVI offense under division (G)(1) of section 2929.13 of the 428
Revised Code and the court imposes a mandatory term of local 429
incarceration, the court may impose a prison term as described in 430
division (A)(1) of that section.431

       (5) If an offender is convicted of or pleads guilty to a 432
violation of division (A)(1) or (2) of section 2903.06 of the 433
Revised Code and also is convicted of or pleads guilty to a 434
specification of the type described in section 2941.1414 of the 435
Revised Code that charges that the victim of the offense is a 436
peace officer, as defined in section 2935.01 of the Revised Code, 437
or an investigator of the bureau of criminal identification and 438
investigation, as defined in section 2903.11 of the Revised Code, 439
the court shall impose on the offender a prison term of five 440
years. If a court imposes a prison term on an offender under 441
division (B)(5) of this section, the prison term, subject to 442
divisions (C) to (I) of section 2967.19 of the Revised Code, shall 443
not be reduced pursuant to section 2929.20, section 2967.19, 444
section 2967.193, or any other provision of Chapter 2967. or 445
Chapter 5120. of the Revised Code. A court shall not impose more 446
than one prison term on an offender under division (B)(5) of this 447
section for felonies committed as part of the same act.448

        (6) If an offender is convicted of or pleads guilty to a 449
violation of division (A)(1) or (2) of section 2903.06 of the 450
Revised Code and also is convicted of or pleads guilty to a 451
specification of the type described in section 2941.1415 of the 452
Revised Code that charges that the offender previously has been 453
convicted of or pleaded guilty to three or more violations of 454
division (A) or (B) of section 4511.19 of the Revised Code or an 455
equivalent offense, as defined in section 2941.1415 of the Revised 456
Code, or three or more violations of any combination of those 457
divisions and offenses, the court shall impose on the offender a 458
prison term of three years. If a court imposes a prison term on an 459
offender under division (B)(6) of this section, the prison term, 460
subject to divisions (C) to (I) of section 2967.19 of the Revised 461
Code, shall not be reduced pursuant to section 2929.20, section 462
2967.19, section 2967.193, or any other provision of Chapter 2967. 463
or Chapter 5120. of the Revised Code. A court shall not impose 464
more than one prison term on an offender under division (B)(6) of 465
this section for felonies committed as part of the same act.466

       (7)(a) If an offender is convicted of or pleads guilty to a 467
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or 468
2923.32, division (A)(1) or (2) of section 2907.323, or division 469
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised 470
Code and also is convicted of or pleads guilty to a specification 471
of the type described in section 2941.1422 of the Revised Code 472
that charges that the offender knowingly committed the offense in 473
furtherance of human trafficking, the court shall impose on the 474
offender a mandatory prison term that is one of the following:475

       (i) If the offense is a felony of the first degree, a 476
definite prison term of not less than five years and not greater 477
than ten years;478

       (ii) If the offense is a felony of the second or third 479
degree, a definite prison term of not less than three years and 480
not greater than the maximum prison term allowed for the offense 481
by division (A) of section 2929.14 of the Revised Code;482

       (iii) If the offense is a felony of the fourth or fifth 483
degree, a definite prison term that is the maximum prison term 484
allowed for the offense by division (A) of section 2929.14 of the 485
Revised Code.486

       (b) Subject to divisions (C) to (I) of section 2967.19 of the 487
Revised Code, the prison term imposed under division (B)(7)(a) of 488
this section shall not be reduced pursuant to section 2929.20, 489
section 2967.19, section 2967.193, or any other provision of 490
Chapter 2967. of the Revised Code. A court shall not impose more 491
than one prison term on an offender under division (B)(7)(a) of 492
this section for felonies committed as part of the same act, 493
scheme, or plan.494

       (8) If an offender is convicted of or pleads guilty to a 495
felony violation of section 2903.11, 2903.12, or 2903.13 of the 496
Revised Code and also is convicted of or pleads guilty to a 497
specification of the type described in section 2941.1423 of the 498
Revised Code that charges that the victim of the violation was a 499
woman whom the offender knew was pregnant at the time of the 500
violation, notwithstanding the range of prison terms prescribed in 501
division (A) of this section for felonies of the same degree as 502
the violation, the court shall impose on the offender a mandatory 503
prison term that is either a definite prison term of six months or 504
one of the prison terms prescribed in section 2929.14 of the 505
Revised Code for felonies of the same degree as the violation.506

       (C)(1)(a) Subject to division (C)(1)(b) of this section, if a 507
mandatory prison term is imposed upon an offender pursuant to 508
division (B)(1)(a) of this section for having a firearm on or 509
about the offender's person or under the offender's control while 510
committing a felony, if a mandatory prison term is imposed upon an 511
offender pursuant to division (B)(1)(c) of this section for 512
committing a felony specified in that division by discharging a 513
firearm from a motor vehicle, or if both types of mandatory prison 514
terms are imposed, the offender shall serve any mandatory prison 515
term imposed under either division consecutively to any other 516
mandatory prison term imposed under either division or under 517
division (B)(1)(d) of this section, consecutively to and prior to 518
any prison term imposed for the underlying felony pursuant to 519
division (A), (B)(2), or (B)(3) of this section or any other 520
section of the Revised Code, and consecutively to any other prison 521
term or mandatory prison term previously or subsequently imposed 522
upon the offender.523

       (b) If a mandatory prison term is imposed upon an offender 524
pursuant to division (B)(1)(d) of this section for wearing or 525
carrying body armor while committing an offense of violence that 526
is a felony, the offender shall serve the mandatory term so 527
imposed consecutively to any other mandatory prison term imposed 528
under that division or under division (B)(1)(a) or (c) of this 529
section, consecutively to and prior to any prison term imposed for 530
the underlying felony under division (A), (B)(2), or (B)(3) of 531
this section or any other section of the Revised Code, and 532
consecutively to any other prison term or mandatory prison term 533
previously or subsequently imposed upon the offender.534

       (c) If a mandatory prison term is imposed upon an offender 535
pursuant to division (B)(1)(f) of this section, the offender shall 536
serve the mandatory prison term so imposed consecutively to and 537
prior to any prison term imposed for the underlying felony under 538
division (A), (B)(2), or (B)(3) of this section or any other 539
section of the Revised Code, and consecutively to any other prison 540
term or mandatory prison term previously or subsequently imposed 541
upon the offender.542

       (d) If a mandatory prison term is imposed upon an offender 543
pursuant to division (B)(7) or (8) of this section, the offender 544
shall serve the mandatory prison term so imposed consecutively to 545
any other mandatory prison term imposed under that division or 546
under any other provision of law and consecutively to any other 547
prison term or mandatory prison term previously or subsequently 548
imposed upon the offender.549

       (2) If an offender who is an inmate in a jail, prison, or 550
other residential detention facility violates section 2917.02, 551
2917.03, or 2921.35 of the Revised Code or division (A)(1) or (2) 552
of section 2921.34 of the Revised Code, if an offender who is 553
under detention at a detention facility commits a felony violation 554
of section 2923.131 of the Revised Code, or if an offender who is 555
an inmate in a jail, prison, or other residential detention 556
facility or is under detention at a detention facility commits 557
another felony while the offender is an escapee in violation of 558
division (A)(1) or (2) of section 2921.34 of the Revised Code, any 559
prison term imposed upon the offender for one of those violations 560
shall be served by the offender consecutively to the prison term 561
or term of imprisonment the offender was serving when the offender 562
committed that offense and to any other prison term previously or 563
subsequently imposed upon the offender.564

       (3) If a prison term is imposed for a violation of division 565
(B) of section 2911.01 of the Revised Code, a violation of 566
division (A) of section 2913.02 of the Revised Code in which the 567
stolen property is a firearm or dangerous ordnance, or a felony 568
violation of division (B) of section 2921.331 of the Revised Code, 569
the offender shall serve that prison term consecutively to any 570
other prison term or mandatory prison term previously or 571
subsequently imposed upon the offender.572

       (4) If multiple prison terms are imposed on an offender for 573
convictions of multiple offenses, the court may require the 574
offender to serve the prison terms consecutively if the court 575
finds that the consecutive service is necessary to protect the 576
public from future crime or to punish the offender and that 577
consecutive sentences are not disproportionate to the seriousness 578
of the offender's conduct and to the danger the offender poses to 579
the public, and if the court also finds any of the following:580

       (a) The offender committed one or more of the multiple 581
offenses while the offender was awaiting trial or sentencing, was 582
under a sanction imposed pursuant to section 2929.16, 2929.17, or 583
2929.18 of the Revised Code, or was under post-release control for 584
a prior offense. 585

       (b) At least two of the multiple offenses were committed as 586
part of one or more courses of conduct, and the harm caused by two 587
or more of the multiple offenses so committed was so great or 588
unusual that no single prison term for any of the offenses 589
committed as part of any of the courses of conduct adequately 590
reflects the seriousness of the offender's conduct. 591

       (c) The offender's history of criminal conduct demonstrates 592
that consecutive sentences are necessary to protect the public 593
from future crime by the offender. 594

       (5) If a mandatory prison term is imposed upon an offender 595
pursuant to division (B)(5) or (6) of this section, the offender 596
shall serve the mandatory prison term consecutively to and prior 597
to any prison term imposed for the underlying violation of 598
division (A)(1) or (2) of section 2903.06 of the Revised Code 599
pursuant to division (A) of this section or section 2929.142 of 600
the Revised Code. If a mandatory prison term is imposed upon an 601
offender pursuant to division (B)(5) of this section, and if a 602
mandatory prison term also is imposed upon the offender pursuant 603
to division (B)(6) of this section in relation to the same 604
violation, the offender shall serve the mandatory prison term 605
imposed pursuant to division (B)(5) of this section consecutively 606
to and prior to the mandatory prison term imposed pursuant to 607
division (B)(6) of this section and consecutively to and prior to 608
any prison term imposed for the underlying violation of division 609
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to 610
division (A) of this section or section 2929.142 of the Revised 611
Code.612

       (6) When consecutive prison terms are imposed pursuant to 613
division (C)(1), (2), (3), (4), or (5) or division (H)(1) or (2) 614
of this section, the term to be served is the aggregate of all of 615
the terms so imposed.616

       (D)(1) If a court imposes a prison term for a felony of the 617
first degree, for a felony of the second degree, for a felony sex 618
offense, or for a felony of the third degree that is not a felony 619
sex offense and in the commission of which the offender caused or 620
threatened to cause physical harm to a person, it shall include in 621
the sentence a requirement that the offender be subject to a 622
period of post-release control after the offender's release from 623
imprisonment, in accordance with that division. If a court imposes 624
a sentence including a prison term of a type described in this 625
division on or after July 11, 2006, the failure of a court to 626
include a post-release control requirement in the sentence 627
pursuant to this division does not negate, limit, or otherwise 628
affect the mandatory period of post-release control that is 629
required for the offender under division (B) of section 2967.28 of 630
the Revised Code. Section 2929.191 of the Revised Code applies if, 631
prior to July 11, 2006, a court imposed a sentence including a 632
prison term of a type described in this division and failed to 633
include in the sentence pursuant to this division a statement 634
regarding post-release control.635

       (2) If a court imposes a prison term for a felony of the 636
third, fourth, or fifth degree that is not subject to division 637
(D)(1) of this section, it shall include in the sentence a 638
requirement that the offender be subject to a period of 639
post-release control after the offender's release from 640
imprisonment, in accordance with that division, if the parole 641
board determines that a period of post-release control is 642
necessary. Section 2929.191 of the Revised Code applies if, prior 643
to July 11, 2006, a court imposed a sentence including a prison 644
term of a type described in this division and failed to include in 645
the sentence pursuant to this division a statement regarding 646
post-release control.647

       (E) The court shall impose sentence upon the offender in 648
accordance with section 2971.03 of the Revised Code, and Chapter 649
2971. of the Revised Code applies regarding the prison term or 650
term of life imprisonment without parole imposed upon the offender 651
and the service of that term of imprisonment if any of the 652
following apply:653

       (1) A person is convicted of or pleads guilty to a violent 654
sex offense or a designated homicide, assault, or kidnapping 655
offense, and, in relation to that offense, the offender is 656
adjudicated a sexually violent predator.657

       (2) A person is convicted of or pleads guilty to a violation 658
of division (A)(1)(b) of section 2907.02 of the Revised Code 659
committed on or after January 2, 2007, and either the court does 660
not impose a sentence of life without parole when authorized 661
pursuant to division (B) of section 2907.02 of the Revised Code, 662
or division (B) of section 2907.02 of the Revised Code provides 663
that the court shall not sentence the offender pursuant to section 664
2971.03 of the Revised Code.665

       (3) A person is convicted of or pleads guilty to attempted 666
rape committed on or after January 2, 2007, and a specification of 667
the type described in section 2941.1418, 2941.1419, or 2941.1420 668
of the Revised Code.669

       (4) A person is convicted of or pleads guilty to a violation 670
of section 2905.01 of the Revised Code committed on or after 671
January 1, 2008, and that section requires the court to sentence 672
the offender pursuant to section 2971.03 of the Revised Code.673

        (5) A person is convicted of or pleads guilty to aggravated 674
murder committed on or after January 1, 2008, and division 675
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e), 676
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or 677
(E)(1)(d) of section 2929.03, or division (A) or (B) of section 678
2929.06 of the Revised Code requires the court to sentence the 679
offender pursuant to division (B)(3) of section 2971.03 of the 680
Revised Code.681

        (6) A person is convicted of or pleads guilty to murder 682
committed on or after January 1, 2008, and division (B)(2)(3) of 683
section 2929.02 of the Revised Code requires the court to sentence 684
the offender pursuant to section 2971.03 of the Revised Code.685

       (F) If a person who has been convicted of or pleaded guilty 686
to a felony is sentenced to a prison term or term of imprisonment 687
under this section, sections 2929.02 to 2929.06 of the Revised 688
Code, section 2929.142 of the Revised Code, section 2971.03 of the 689
Revised Code, or any other provision of law, section 5120.163 of 690
the Revised Code applies regarding the person while the person is 691
confined in a state correctional institution.692

       (G) If an offender who is convicted of or pleads guilty to a 693
felony that is an offense of violence also is convicted of or 694
pleads guilty to a specification of the type described in section 695
2941.142 of the Revised Code that charges the offender with having 696
committed the felony while participating in a criminal gang, the 697
court shall impose upon the offender an additional prison term of 698
one, two, or three years.699

       (H)(1) If an offender who is convicted of or pleads guilty to 700
aggravated murder, murder, or a felony of the first, second, or 701
third degree that is an offense of violence also is convicted of 702
or pleads guilty to a specification of the type described in 703
section 2941.143 of the Revised Code that charges the offender 704
with having committed the offense in a school safety zone or 705
towards a person in a school safety zone, the court shall impose 706
upon the offender an additional prison term of two years. The 707
offender shall serve the additional two years consecutively to and 708
prior to the prison term imposed for the underlying offense.709

       (2)(a) If an offender is convicted of or pleads guilty to a 710
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25 711
of the Revised Code and to a specification of the type described 712
in section 2941.1421 of the Revised Code and if the court imposes 713
a prison term on the offender for the felony violation, the court 714
may impose upon the offender an additional prison term as follows:715

       (i) Subject to division (H)(2)(a)(ii) of this section, an 716
additional prison term of one, two, three, four, five, or six 717
months;718

       (ii) If the offender previously has been convicted of or 719
pleaded guilty to one or more felony or misdemeanor violations of 720
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the 721
Revised Code and also was convicted of or pleaded guilty to a 722
specification of the type described in section 2941.1421 of the 723
Revised Code regarding one or more of those violations, an 724
additional prison term of one, two, three, four, five, six, seven, 725
eight, nine, ten, eleven, or twelve months.726

       (b) In lieu of imposing an additional prison term under 727
division (H)(2)(a) of this section, the court may directly impose 728
on the offender a sanction that requires the offender to wear a 729
real-time processing, continual tracking electronic monitoring 730
device during the period of time specified by the court. The 731
period of time specified by the court shall equal the duration of 732
an additional prison term that the court could have imposed upon 733
the offender under division (H)(2)(a) of this section. A sanction 734
imposed under this division shall commence on the date specified 735
by the court, provided that the sanction shall not commence until 736
after the offender has served the prison term imposed for the 737
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25 738
of the Revised Code and any residential sanction imposed for the 739
violation under section 2929.16 of the Revised Code. A sanction 740
imposed under this division shall be considered to be a community 741
control sanction for purposes of section 2929.15 of the Revised 742
Code, and all provisions of the Revised Code that pertain to 743
community control sanctions shall apply to a sanction imposed 744
under this division, except to the extent that they would by their 745
nature be clearly inapplicable. The offender shall pay all costs 746
associated with a sanction imposed under this division, including 747
the cost of the use of the monitoring device.748

       (I) At the time of sentencing, the court may recommend the 749
offender for placement in a program of shock incarceration under 750
section 5120.031 of the Revised Code or for placement in an 751
intensive program prison under section 5120.032 of the Revised 752
Code, disapprove placement of the offender in a program of shock 753
incarceration or an intensive program prison of that nature, or 754
make no recommendation on placement of the offender. In no case 755
shall the department of rehabilitation and correction place the 756
offender in a program or prison of that nature unless the 757
department determines as specified in section 5120.031 or 5120.032 758
of the Revised Code, whichever is applicable, that the offender is 759
eligible for the placement.760

       If the court disapproves placement of the offender in a 761
program or prison of that nature, the department of rehabilitation 762
and correction shall not place the offender in any program of 763
shock incarceration or intensive program prison.764

       If the court recommends placement of the offender in a 765
program of shock incarceration or in an intensive program prison, 766
and if the offender is subsequently placed in the recommended 767
program or prison, the department shall notify the court of the 768
placement and shall include with the notice a brief description of 769
the placement.770

       If the court recommends placement of the offender in a 771
program of shock incarceration or in an intensive program prison 772
and the department does not subsequently place the offender in the 773
recommended program or prison, the department shall send a notice 774
to the court indicating why the offender was not placed in the 775
recommended program or prison.776

       If the court does not make a recommendation under this 777
division with respect to an offender and if the department 778
determines as specified in section 5120.031 or 5120.032 of the 779
Revised Code, whichever is applicable, that the offender is 780
eligible for placement in a program or prison of that nature, the 781
department shall screen the offender and determine if there is an 782
available program of shock incarceration or an intensive program 783
prison for which the offender is suited. If there is an available 784
program of shock incarceration or an intensive program prison for 785
which the offender is suited, the department shall notify the 786
court of the proposed placement of the offender as specified in 787
section 5120.031 or 5120.032 of the Revised Code and shall include 788
with the notice a brief description of the placement. The court 789
shall have ten days from receipt of the notice to disapprove the 790
placement.791

       (J) If a person is convicted of or pleads guilty to 792
aggravated vehicular homicide in violation of division (A)(1) of 793
section 2903.06 of the Revised Code and division (B)(2)(c) of that 794
section applies, the person shall be sentenced pursuant to section 795
2929.142 of the Revised Code.796

       Sec. 2941.148.  (A)(1) The application of Chapter 2971. of 797
the Revised Code to an offender is precluded unless one of the 798
following applies:799

       (a) The offender is charged with a violent sex offense, and 800
the indictment, count in the indictment, or information charging 801
the violent sex offense also includes a specification that the 802
offender is a sexually violent predator, or the offender is 803
charged with a designated homicide, assault, or kidnapping 804
offense, and the indictment, count in the indictment, or 805
information charging the designated homicide, assault, or 806
kidnapping offense also includes both a specification of the type 807
described in section 2941.147 of the Revised Code and a 808
specification that the offender is a sexually violent predator. 809

       (b) The offender is convicted of or pleads guilty to a 810
violation of division (A)(1)(b) of section 2907.02 of the Revised 811
Code committed on or after January 2, 2007, and division (B) of 812
section 2907.02 of the Revised Code does not prohibit the court 813
from sentencing the offender pursuant to section 2971.03 of the 814
Revised Code.815

       (c) The offender is convicted of or pleads guilty to 816
attempted rape committed on or after January 2, 2007, and to a 817
specification of the type described in section 2941.1418, 818
2941.1419, or 2941.1420 of the Revised Code.819

       (d) The offender is convicted of or pleads guilty to a 820
violation of section 2905.01 of the Revised Code and to a 821
specification of the type described in section 2941.147 of the 822
Revised Code, and section 2905.01 of the Revised Code requires a 823
court to sentence the offender pursuant to section 2971.03 of the 824
Revised Code.825

        (e) The offender is convicted of or pleads guilty to 826
aggravated murder and to a specification of the type described in 827
section 2941.147 of the Revised Code, and division (A)(2)(b)(ii) 828
of section 2929.022, division (A)(1)(e), (C)(1)(a)(v), 829
(C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 830
2929.03, or division (A) or (B) of section 2929.06 of the Revised 831
Code requires a court to sentence the offender pursuant to 832
division (B)(3) of section 2971.03 of the Revised Code.833

        (f) The offender is convicted of or pleads guilty to murder 834
and to a specification of the type described in section 2941.147 835
of the Revised Code, and division (B)(2)(3) of section 2929.02 of 836
the Revised Code requires a court to sentence the offender 837
pursuant to section 2971.03 of the Revised Code.838

       (2) A specification required under division (A)(1)(a) of this 839
section that an offender is a sexually violent predator shall be 840
stated at the end of the body of the indictment, count, or 841
information and shall be stated in substantially the following 842
form:843

       "Specification (or, specification to the first count). The 844
grand jury (or insert the person's or prosecuting attorney's name 845
when appropriate) further find and specify that the offender is a 846
sexually violent predator."847

       (B) In determining for purposes of this section whether a 848
person is a sexually violent predator, all of the factors set 849
forth in divisions (H)(1) to (6) of section 2971.01 of the Revised 850
Code that apply regarding the person may be considered as evidence 851
tending to indicate that it is likely that the person will engage 852
in the future in one or more sexually violent offenses.853

       (C) As used in this section, "designated homicide, assault, 854
or kidnapping offense," "violent sex offense," and "sexually 855
violent predator" have the same meanings as in section 2971.01 of 856
the Revised Code.857

       Sec. 2967.13.  (A) Except as provided in division (G) of this 858
section, a prisoner serving a sentence of imprisonment for life 859
for an offense committed on or after July 1, 1996, is not entitled 860
to any earned credit under section 2967.193 of the Revised Code 861
and becomes eligible for parole as follows:862

       (1) If a sentence of imprisonment for fifteen years to life 863
was imposed for the offense of murder, at the expiration of the 864
prisoner's minimum term;865

       (2) If a sentence of imprisonment for life with parole 866
eligibility after serving twenty years of imprisonment was imposed 867
for aggravated murder pursuant to section 2929.022 or 2929.03 of 868
the Revised Code or for murder pursuant to division (B) of section 869
2929.02 of the Revised Code, after serving a term of twenty years;870

       (3) If a sentence of imprisonment for life with parole 871
eligibility after serving twenty-five full years of imprisonment 872
was imposed for aggravated murder pursuant to section 2929.022 or 873
2929.03 of the Revised Code or for murder pursuant to division (B) 874
of section 2929.02 of the Revised Code, after serving a term of 875
twenty-five full years;876

       (4) If a sentence of imprisonment for life with parole 877
eligibility after serving thirty full years of imprisonment was 878
imposed for aggravated murder pursuant to section 2929.022 or 879
2929.03 of the Revised Code or for murder pursuant to division (B) 880
of section 2929.02 of the Revised Code, after serving a term of 881
thirty full years;882

       (5) If a sentence of imprisonment for life was imposed for 883
rape, after serving a term of ten full years' imprisonment;884

       (6) If a sentence of imprisonment for life with parole 885
eligibility after serving fifteen years of imprisonment was 886
imposed for a violation of section 2927.24 of the Revised Code, 887
after serving a term of fifteen years.888

       (B) Except as provided in division (G) of this section, a 889
prisoner serving a sentence of imprisonment for life with parole 890
eligibility after serving twenty years of imprisonment or a 891
sentence of imprisonment for life with parole eligibility after 892
serving twenty-five full years or thirty full years of 893
imprisonment imposed pursuant to section 2929.022 or 2929.03 or 894
division (B) of section 2929.02 of the Revised Code for an offense 895
committed on or after July 1, 1996, consecutively to any other 896
term of imprisonment, becomes eligible for parole after serving 897
twenty years, twenty full years, or thirty full years, as 898
applicable, as to each such sentence of life imprisonment, which 899
shall not be reduced for earned credits under section 2967.193 of 900
the Revised Code, plus the term or terms of the other sentences 901
consecutively imposed or, if one of the other sentences is another 902
type of life sentence with parole eligibility, the number of years 903
before parole eligibility for that sentence.904

       (C) Except as provided in division (G) of this section, a 905
prisoner serving consecutively two or more sentences in which an 906
indefinite term of imprisonment is imposed becomes eligible for 907
parole upon the expiration of the aggregate of the minimum terms 908
of the sentences.909

       (D) Except as provided in division (G) of this section, a 910
prisoner serving a term of imprisonment who is described in 911
division (A) of section 2967.021 of the Revised Code becomes 912
eligible for parole as described in that division or, if the 913
prisoner is serving a definite term of imprisonment, shall be 914
released as described in that division.915

       (E) A prisoner serving a sentence of life imprisonment 916
without parole imposed pursuant to section 2907.02 or section,917
2929.03, or 2929.06 or division (B) of section 2929.02 of the 918
Revised Code is not eligible for parole and shall be imprisoned 919
until death.920

       (F) A prisoner serving a stated prison term shall be released 921
in accordance with section 2967.28 of the Revised Code.922

       (G) A prisoner serving a prison term or term of life 923
imprisonment without parole imposed pursuant to section 2971.03 of 924
the Revised Code never becomes eligible for parole during that 925
term of imprisonment.926

       Sec. 2971.03.  (A) Notwithstanding divisions (A) and (D) of 927
section 2929.14, section 2929.02, 2929.03, 2929.06, 2929.13, or 928
another section of the Revised Code, other than divisions (B) and 929
(C) of section 2929.14 of the Revised Code, that authorizes or 930
requires a specified prison term or a mandatory prison term for a 931
person who is convicted of or pleads guilty to a felony or that 932
specifies the manner and place of service of a prison term or term 933
of imprisonment, the court shall impose a sentence upon a person 934
who is convicted of or pleads guilty to a violent sex offense and 935
who also is convicted of or pleads guilty to a sexually violent 936
predator specification that was included in the indictment, count 937
in the indictment, or information charging that offense, and upon 938
a person who is convicted of or pleads guilty to a designated 939
homicide, assault, or kidnapping offense and also is convicted of 940
or pleads guilty to both a sexual motivation specification and a 941
sexually violent predator specification that were included in the 942
indictment, count in the indictment, or information charging that 943
offense, as follows:944

       (1) If the offense for which the sentence is being imposed is 945
aggravated murder and if the court does not impose upon the 946
offender a sentence of death, it shall impose upon the offender a 947
term of life imprisonment without parole. If the court sentences 948
the offender to death and the sentence of death is vacated, 949
overturned, or otherwise set aside, the court shall impose upon 950
the offender a term of life imprisonment without parole.951

       (2) If the offense for which the sentence is being imposed is 952
murder; or if the offense is rape committed in violation of 953
division (A)(1)(b) of section 2907.02 of the Revised Code when the 954
offender purposely compelled the victim to submit by force or 955
threat of force, when the victim was less than ten years of age, 956
when the offender previously has been convicted of or pleaded 957
guilty to either rape committed in violation of that division or a 958
violation of an existing or former law of this state, another 959
state, or the United States that is substantially similar to 960
division (A)(1)(b) of section 2907.02 of the Revised Code, or when 961
the offender during or immediately after the commission of the 962
rape caused serious physical harm to the victim; or if the offense 963
is an offense other than aggravated murder or murder for which a 964
term of life imprisonment may be imposed, it shall impose upon the 965
offender a term of life imprisonment without parole.966

       (3)(a) Except as otherwise provided in division (A)(3)(b), 967
(c), (d), or (e) or (A)(4) of this section, if the offense for 968
which the sentence is being imposed is an offense other than 969
aggravated murder, murder, or rape and other than an offense for 970
which a term of life imprisonment may be imposed, it shall impose 971
an indefinite prison term consisting of a minimum term fixed by 972
the court from among the range of terms available as a definite 973
term for the offense, but not less than two years, and a maximum 974
term of life imprisonment.975

       (b) Except as otherwise provided in division (A)(4) of this 976
section, if the offense for which the sentence is being imposed is 977
kidnapping that is a felony of the first degree, it shall impose 978
an indefinite prison term as follows:979

       (i) If the kidnapping is committed on or after January 1, 980
2008, and the victim of the offense is less than thirteen years of 981
age, except as otherwise provided in this division, it shall 982
impose an indefinite prison term consisting of a minimum term of 983
fifteen years and a maximum term of life imprisonment. If the 984
kidnapping is committed on or after January 1, 2008, the victim of 985
the offense is less than thirteen years of age, and the offender 986
released the victim in a safe place unharmed, it shall impose an 987
indefinite prison term consisting of a minimum term of ten years 988
and a maximum term of life imprisonment.989

       (ii) If the kidnapping is committed prior to January 1, 2008, 990
or division (A)(3)(b)(i) of this section does not apply, it shall 991
impose an indefinite term consisting of a minimum term fixed by 992
the court that is not less than ten years and a maximum term of 993
life imprisonment.994

        (c) Except as otherwise provided in division (A)(4) of this 995
section, if the offense for which the sentence is being imposed is 996
kidnapping that is a felony of the second degree, it shall impose 997
an indefinite prison term consisting of a minimum term fixed by 998
the court that is not less than eight years, and a maximum term of 999
life imprisonment.1000

       (d) Except as otherwise provided in division (A)(4) of this 1001
section, if the offense for which the sentence is being imposed is 1002
rape for which a term of life imprisonment is not imposed under 1003
division (A)(2) of this section or division (B) of section 2907.02 1004
of the Revised Code, it shall impose an indefinite prison term as 1005
follows:1006

       (i) If the rape is committed on or after January 2, 2007, in 1007
violation of division (A)(1)(b) of section 2907.02 of the Revised 1008
Code, it shall impose an indefinite prison term consisting of a 1009
minimum term of twenty-five years and a maximum term of life 1010
imprisonment.1011

       (ii) If the rape is committed prior to January 2, 2007, or 1012
the rape is committed on or after January 2, 2007, other than in 1013
violation of division (A)(1)(b) of section 2907.02 of the Revised 1014
Code, it shall impose an indefinite prison term consisting of a 1015
minimum term fixed by the court that is not less than ten years, 1016
and a maximum term of life imprisonment.1017

       (e) Except as otherwise provided in division (A)(4) of this 1018
section, if the offense for which sentence is being imposed is 1019
attempted rape, it shall impose an indefinite prison term as 1020
follows:1021

       (i) Except as otherwise provided in division (A)(3)(e)(ii), 1022
(iii), or (iv) of this section, it shall impose an indefinite 1023
prison term pursuant to division (A)(3)(a) of this section.1024

       (ii) If the attempted rape for which sentence is being 1025
imposed was committed on or after January 2, 2007, and if the 1026
offender also is convicted of or pleads guilty to a specification 1027
of the type described in section 2941.1418 of the Revised Code, it 1028
shall impose an indefinite prison term consisting of a minimum 1029
term of five years and a maximum term of twenty-five years.1030

       (iii) If the attempted rape for which sentence is being 1031
imposed was committed on or after January 2, 2007, and if the 1032
offender also is convicted of or pleads guilty to a specification 1033
of the type described in section 2941.1419 of the Revised Code, it 1034
shall impose an indefinite prison term consisting of a minimum 1035
term of ten years and a maximum of life imprisonment.1036

       (iv) If the attempted rape for which sentence is being 1037
imposed was committed on or after January 2, 2007, and if the 1038
offender also is convicted of or pleads guilty to a specification 1039
of the type described in section 2941.1420 of the Revised Code, it 1040
shall impose an indefinite prison term consisting of a minimum 1041
term of fifteen years and a maximum of life imprisonment.1042

       (4) For any offense for which the sentence is being imposed, 1043
if the offender previously has been convicted of or pleaded guilty 1044
to a violent sex offense and also to a sexually violent predator 1045
specification that was included in the indictment, count in the 1046
indictment, or information charging that offense, or previously 1047
has been convicted of or pleaded guilty to a designated homicide, 1048
assault, or kidnapping offense and also to both a sexual 1049
motivation specification and a sexually violent predator 1050
specification that were included in the indictment, count in the 1051
indictment, or information charging that offense, it shall impose 1052
upon the offender a term of life imprisonment without parole.1053

       (B)(1) Notwithstanding section 2929.13, division (A) or (D) 1054
of section 2929.14, or another section of the Revised Code other 1055
than division (B) of section 2907.02 or divisions (B) and (C) of 1056
section 2929.14 of the Revised Code that authorizes or requires a 1057
specified prison term or a mandatory prison term for a person who 1058
is convicted of or pleads guilty to a felony or that specifies the 1059
manner and place of service of a prison term or term of 1060
imprisonment, if a person is convicted of or pleads guilty to a 1061
violation of division (A)(1)(b) of section 2907.02 of the Revised 1062
Code committed on or after January 2, 2007, if division (A) of 1063
this section does not apply regarding the person, and if the court 1064
does not impose a sentence of life without parole when authorized 1065
pursuant to division (B) of section 2907.02 of the Revised Code, 1066
the court shall impose upon the person an indefinite prison term 1067
consisting of one of the following:1068

        (a) Except as otherwise required in division (B)(1)(b) or (c) 1069
of this section, a minimum term of ten years and a maximum term of 1070
life imprisonment.1071

       (b) If the victim was less than ten years of age, a minimum 1072
term of fifteen years and a maximum of life imprisonment.1073

       (c) If the offender purposely compels the victim to submit by 1074
force or threat of force, or if the offender previously has been 1075
convicted of or pleaded guilty to violating division (A)(1)(b) of 1076
section 2907.02 of the Revised Code or to violating an existing or 1077
former law of this state, another state, or the United States that 1078
is substantially similar to division (A)(1)(b) of that section, or 1079
if the offender during or immediately after the commission of the 1080
offense caused serious physical harm to the victim, a minimum term 1081
of twenty-five years and a maximum of life imprisonment.1082

       (2) Notwithstanding section 2929.13, division (A) or (D) of 1083
section 2929.14, or another section of the Revised Code other than 1084
divisions (B) and (C) of section 2929.14 of the Revised Code that 1085
authorizes or requires a specified prison term or a mandatory 1086
prison term for a person who is convicted of or pleads guilty to a 1087
felony or that specifies the manner and place of service of a 1088
prison term or term of imprisonment and except as otherwise 1089
provided in division (B) of section 2907.02 of the Revised Code, 1090
if a person is convicted of or pleads guilty to attempted rape 1091
committed on or after January 2, 2007, and if division (A) of this 1092
section does not apply regarding the person, the court shall 1093
impose upon the person an indefinite prison term consisting of one 1094
of the following:1095

       (a) If the person also is convicted of or pleads guilty to a 1096
specification of the type described in section 2941.1418 of the 1097
Revised Code, the court shall impose upon the person an indefinite 1098
prison term consisting of a minimum term of five years and a 1099
maximum term of twenty-five years.1100

       (b) If the person also is convicted of or pleads guilty to a 1101
specification of the type described in section 2941.1419 of the 1102
Revised Code, the court shall impose upon the person an indefinite 1103
prison term consisting of a minimum term of ten years and a 1104
maximum term of life imprisonment.1105

       (c) If the person also is convicted of or pleads guilty to a 1106
specification of the type described in section 2941.1420 of the 1107
Revised Code, the court shall impose upon the person an indefinite 1108
prison term consisting of a minimum term of fifteen years and a 1109
maximum term of life imprisonment.1110

       (3) Notwithstanding section 2929.13, division (A) or (D) of 1111
section 2929.14, or another section of the Revised Code other than 1112
divisions (B) and (C) of section 2929.14 of the Revised Code that 1113
authorizes or requires a specified prison term or a mandatory 1114
prison term for a person who is convicted of or pleads guilty to a 1115
felony or that specifies the manner and place of service of a 1116
prison term or term of imprisonment, if a person is convicted of 1117
or pleads guilty to an offense described in division (B)(3)(a), 1118
(b), (c), or (d) of this section committed on or after January 1, 1119
2008, if the person also is convicted of or pleads guilty to a 1120
sexual motivation specification that was included in the 1121
indictment, count in the indictment, or information charging that 1122
offense, and if division (A) of this section does not apply 1123
regarding the person, the court shall impose upon the person an 1124
indefinite prison term consisting of one of the following:1125

       (a) An indefinite prison term consisting of a minimum of ten 1126
years and a maximum term of life imprisonment if the offense for 1127
which the sentence is being imposed is kidnapping, the victim of 1128
the offense is less than thirteen years of age, and the offender 1129
released the victim in a safe place unharmed;1130

       (b) An indefinite prison term consisting of a minimum of 1131
fifteen years and a maximum term of life imprisonment if the 1132
offense for which the sentence is being imposed is kidnapping when 1133
the victim of the offense is less than thirteen years of age and 1134
division (B)(3)(a) of this section does not apply;1135

       (c) An indefinite term consisting of a minimum of thirty 1136
years and a maximum term of life imprisonment if the offense for 1137
which the sentence is being imposed is aggravated murder, when the 1138
victim of the offense is less than thirteen years of age, a 1139
sentence of death or life imprisonment without parole is not 1140
imposed for the offense, and division (A)(2)(b)(ii) of section 1141
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), 1142
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or 1143
division (A) or (B) of section 2929.06 of the Revised Code 1144
requires that the sentence for the offense be imposed pursuant to 1145
this division;1146

       (d) An indefinite prison term consisting of a minimum of 1147
thirty years and a maximum term of life imprisonment if the 1148
offense for which the sentence is being imposed is murder when the 1149
victim of the offense is less than thirteen years of age and 1150
division (B)(3) of section 2929.02 of the Revised Code requires 1151
that the sentence for the offense be imposed pursuant to this 1152
division.1153

       (C)(1) If the offender is sentenced to a prison term pursuant 1154
to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or 1155
(c), or (B)(3)(a), (b), (c), or (d) of this section, the parole 1156
board shall have control over the offender's service of the term 1157
during the entire term unless the parole board terminates its 1158
control in accordance with section 2971.04 of the Revised Code.1159

       (2) Except as provided in division (C)(3) of this section, an 1160
offender sentenced to a prison term or term of life imprisonment 1161
without parole pursuant to division (A) of this section shall 1162
serve the entire prison term or term of life imprisonment in a 1163
state correctional institution. The offender is not eligible for 1164
judicial release under section 2929.20 of the Revised Code.1165

       (3) For a prison term imposed pursuant to division (A)(3), 1166
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), 1167
(c), or (d) of this section, the court, in accordance with section 1168
2971.05 of the Revised Code, may terminate the prison term or 1169
modify the requirement that the offender serve the entire term in 1170
a state correctional institution if all of the following apply:1171

       (a) The offender has served at least the minimum term imposed 1172
as part of that prison term.1173

       (b) The parole board, pursuant to section 2971.04 of the 1174
Revised Code, has terminated its control over the offender's 1175
service of that prison term.1176

       (c) The court has held a hearing and found, by clear and 1177
convincing evidence, one of the following:1178

       (i) In the case of termination of the prison term, that the 1179
offender is unlikely to commit a sexually violent offense in the 1180
future;1181

       (ii) In the case of modification of the requirement, that the 1182
offender does not represent a substantial risk of physical harm to 1183
others.1184

       (4) An offender who has been sentenced to a term of life 1185
imprisonment without parole pursuant to division (A)(1), (2), or 1186
(4) of this section shall not be released from the term of life 1187
imprisonment or be permitted to serve a portion of it in a place 1188
other than a state correctional institution.1189

       (D) If a court sentences an offender to a prison term or term 1190
of life imprisonment without parole pursuant to division (A) of 1191
this section and the court also imposes on the offender one or 1192
more additional prison terms pursuant to division (B) of section 1193
2929.14 of the Revised Code, all of the additional prison terms 1194
shall be served consecutively with, and prior to, the prison term 1195
or term of life imprisonment without parole imposed upon the 1196
offender pursuant to division (A) of this section.1197

       (E) If the offender is convicted of or pleads guilty to two 1198
or more offenses for which a prison term or term of life 1199
imprisonment without parole is required to be imposed pursuant to 1200
division (A) of this section, divisions (A) to (D) of this section 1201
shall be applied for each offense. All minimum terms imposed upon 1202
the offender pursuant to division (A)(3) or (B) of this section 1203
for those offenses shall be aggregated and served consecutively, 1204
as if they were a single minimum term imposed under that division.1205

       (F)(1) If an offender is convicted of or pleads guilty to a 1206
violent sex offense and also is convicted of or pleads guilty to a 1207
sexually violent predator specification that was included in the 1208
indictment, count in the indictment, or information charging that 1209
offense, or is convicted of or pleads guilty to a designated 1210
homicide, assault, or kidnapping offense and also is convicted of 1211
or pleads guilty to both a sexual motivation specification and a 1212
sexually violent predator specification that were included in the 1213
indictment, count in the indictment, or information charging that 1214
offense, the conviction of or plea of guilty to the offense and 1215
the sexually violent predator specification automatically 1216
classifies the offender as a tier III sex offender/child-victim 1217
offender for purposes of Chapter 2950. of the Revised Code. 1218

       (2) If an offender is convicted of or pleads guilty to 1219
committing on or after January 2, 2007, a violation of division 1220
(A)(1)(b) of section 2907.02 of the Revised Code and either the 1221
offender is sentenced under section 2971.03 of the Revised Code or 1222
a sentence of life without parole is imposed under division (B) of 1223
section 2907.02 of the Revised Code, the conviction of or plea of 1224
guilty to the offense automatically classifies the offender as a 1225
tier III sex offender/child-victim offender for purposes of 1226
Chapter 2950. of the Revised Code. 1227

       (3) If a person is convicted of or pleads guilty to 1228
committing on or after January 2, 2007, attempted rape and also is 1229
convicted of or pleads guilty to a specification of the type 1230
described in section 2941.1418, 2941.1419, or 2941.1420 of the 1231
Revised Code, the conviction of or plea of guilty to the offense 1232
and the specification automatically classify the offender as a 1233
tier III sex offender/child-victim offender for purposes of 1234
Chapter 2950. of the Revised Code. 1235

       (4) If a person is convicted of or pleads guilty to one of 1236
the offenses described in division (B)(3)(a), (b), (c), or (d) of 1237
this section and a sexual motivation specification related to the 1238
offense and the victim of the offense is less than thirteen years 1239
of age, the conviction of or plea of guilty to the offense 1240
automatically classifies the offender as a tier III sex 1241
offender/child-victim offender for purposes of Chapter 2950. of 1242
the Revised Code.1243

       Sec. 2971.07.  (A) This chapter does not apply to any 1244
offender unless the offender is one of the following:1245

       (1) The offender is convicted of or pleads guilty to a 1246
violent sex offense and also is convicted of or pleads guilty to a 1247
sexually violent predator specification that was included in the 1248
indictment, count in the indictment, or information charging that 1249
offense.1250

       (2) The offender is convicted of or pleads guilty to a 1251
designated homicide, assault, or kidnapping offense and also is 1252
convicted of or pleads guilty to both a sexual motivation 1253
specification and a sexually violent predator specification that 1254
were included in the indictment, count in the indictment, or 1255
information charging that offense.1256

       (3) The offender is convicted of or pleads guilty to a 1257
violation of division (A)(1)(b) of section 2907.02 of the Revised 1258
Code committed on or after January 2, 2007, and the court does not 1259
sentence the offender to a term of life without parole pursuant to 1260
division (B) of section 2907.02 of the Revised Code or division 1261
(B) of that section prohibits the court from sentencing the 1262
offender pursuant to section 2971.03 of the Revised Code.1263

       (4) The offender is convicted of or pleads guilty to 1264
attempted rape committed on or after January 2, 2007, and also is 1265
convicted of or pleads guilty to a specification of the type 1266
described in section 2941.1418, 2941.1419, or 2941.1420 of the 1267
Revised Code.1268

       (5) The offender is convicted of or pleads guilty to a 1269
violation of section 2905.01 of the Revised Code and also is 1270
convicted of or pleads guilty to a sexual motivation specification 1271
that was included in the indictment, count in the indictment, or 1272
information charging that offense, and that section requires a 1273
court to sentence the offender pursuant to section 2971.03 of the 1274
Revised Code.1275

       (6) The offender is convicted of or pleads guilty to 1276
aggravated murder and also is convicted of or pleads guilty to a 1277
sexual motivation specification that was included in the 1278
indictment, count in the indictment, or information charging that 1279
offense, and division (A)(2)(b)(ii) of section 2929.022, division 1280
(A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), 1281
or (E)(1)(d) of section 2929.03, or division (A) or (B) of section 1282
2929.06 of the Revised Code requires a court to sentence the 1283
offender pursuant to division (B)(3) of section 2971.03 of the 1284
Revised Code.1285

        (7) The offender is convicted of or pleads guilty to murder 1286
and also is convicted of or pleads guilty to a sexual motivation 1287
specification that was included in the indictment, count in the 1288
indictment, or information charging that offense, and division 1289
(B)(2)(3) of section 2929.02 of the Revised Code requires a court 1290
to sentence the offender pursuant to section 2971.03 of the 1291
Revised Code.1292

       (B) This chapter does not limit or affect a court in imposing 1293
upon an offender described in divisions (A)(1) to (9) of this 1294
section any financial sanction under section 2929.18 or any other 1295
section of the Revised Code, or, except as specifically provided 1296
in this chapter, any other sanction that is authorized or required 1297
for the offense or violation by any other provision of law.1298

       (C) If an offender is sentenced to a prison term under 1299
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), 1300
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised 1301
Code and if, pursuant to section 2971.05 of the Revised Code, the 1302
court modifies the requirement that the offender serve the entire 1303
prison term in a state correctional institution or places the 1304
offender on conditional release that involves the placement of the 1305
offender under the supervision of the adult parole authority, 1306
authorized field officers of the authority who are engaged within 1307
the scope of their supervisory duties or responsibilities may 1308
search, with or without a warrant, the person of the offender, the 1309
place of residence of the offender, and a motor vehicle, another 1310
item of tangible or intangible personal property, or any other 1311
real property in which the offender has the express or implied 1312
permission of a person with a right, title, or interest to use, 1313
occupy, or possess if the field officer has reasonable grounds to 1314
believe that the offender is not abiding by the law or otherwise 1315
is not complying with the terms and conditions of the offender's 1316
modification or release. The authority shall provide each offender 1317
with a written notice that informs the offender that authorized 1318
field officers of the authority who are engaged within the scope 1319
of their supervisory duties or responsibilities may conduct those 1320
types of searches during the period of the modification or release 1321
if they have reasonable grounds to believe that the offender is 1322
not abiding by the law or otherwise is not complying with the 1323
terms and conditions of the offender's modification or release.1324

       Sec. 5120.61.  (A)(1) Not later than ninety days after 1325
January 1, 1997, the department of rehabilitation and correction 1326
shall adopt standards that it will use under this section to 1327
assess the following criminal offenders and may periodically 1328
revise the standards:1329

       (a) A criminal offender who is convicted of or pleads guilty 1330
to a violent sex offense or designated homicide, assault, or 1331
kidnapping offense and is adjudicated a sexually violent predator 1332
in relation to that offense;1333

       (b) A criminal offender who is convicted of or pleads guilty 1334
to a violation of division (A)(1)(b) of section 2907.02 of the 1335
Revised Code committed on or after January 2, 2007, and either who 1336
is sentenced under section 2971.03 of the Revised Code or upon 1337
whom a sentence of life without parole is imposed under division 1338
(B) of section 2907.02 of the Revised Code;1339

       (c) A criminal offender who is convicted of or pleads guilty 1340
to attempted rape committed on or after January 2, 2007, and a 1341
specification of the type described in section 2941.1418, 1342
2941.1419, or 2941.1420 of the Revised Code;1343

       (d) A criminal offender who is convicted of or pleads guilty 1344
to a violation of section 2905.01 of the Revised Code and also is 1345
convicted of or pleads guilty to a sexual motivation specification 1346
that was included in the indictment, count in the indictment, or 1347
information charging that offense, and who is sentenced pursuant 1348
to section 2971.03 of the Revised Code;1349

       (e) A criminal offender who is convicted of or pleads guilty 1350
to aggravated murder and also is convicted of or pleads guilty to 1351
a sexual motivation specification that was included in the 1352
indictment, count in the indictment, or information charging that 1353
offense, and who pursuant to division (A)(2)(b)(ii) of section 1354
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), 1355
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or 1356
division (A) or (B) of section 2929.06 of the Revised Code is 1357
sentenced pursuant to division (B)(3) of section 2971.03 of the 1358
Revised Code;1359

       (f) A criminal offender who is convicted of or pleads guilty 1360
to murder and also is convicted of or pleads guilty to a sexual 1361
motivation specification that was included in the indictment, 1362
count in the indictment, or information charging that offense, and 1363
who pursuant to division (B)(2)(3) of section 2929.02 of the 1364
Revised Code is sentenced pursuant to section 2971.03 of the 1365
Revised Code. 1366

       (2) When the department is requested by the parole board or 1367
the court to provide a risk assessment report of the offender 1368
under section 2971.04 or 2971.05 of the Revised Code, it shall 1369
assess the offender and complete the assessment as soon as 1370
possible after the offender has commenced serving the prison term 1371
or term of life imprisonment without parole imposed under division 1372
(A), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), 1373
(b), (c), or (d) of section 2971.03 of the Revised Code. 1374
Thereafter, the department shall update a risk assessment report 1375
pertaining to an offender as follows:1376

       (a) Periodically, in the discretion of the department, 1377
provided that each report shall be updated no later than two years 1378
after its initial preparation or most recent update;1379

       (b) Upon the request of the parole board for use in 1380
determining pursuant to section 2971.04 of the Revised Code 1381
whether it should terminate its control over an offender's service 1382
of a prison term imposed upon the offender under division (A)(3), 1383
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), 1384
(c), or (d) of section 2971.03 of the Revised Code;1385

       (c) Upon the request of the court.1386

       (3) After the department of rehabilitation and correction 1387
assesses an offender pursuant to division (A)(2) of this section, 1388
it shall prepare a report that contains its risk assessment for 1389
the offender or, if a risk assessment report previously has been 1390
prepared, it shall update the risk assessment report.1391

       (4) The department of rehabilitation and correction shall 1392
provide each risk assessment report that it prepares or updates 1393
pursuant to this section regarding an offender to all of the 1394
following:1395

       (a) The parole board for its use in determining pursuant to 1396
section 2971.04 of the Revised Code whether it should terminate 1397
its control over an offender's service of a prison term imposed 1398
upon the offender under division (A)(3), (B)(1)(a), (b), or (c), 1399
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section 1400
2971.03 of the Revised Code, if the parole board has not 1401
terminated its control over the offender;1402

       (b) The court for use in determining, pursuant to section 1403
2971.05 of the Revised Code, whether to modify the requirement 1404
that the offender serve the entire prison term imposed upon the 1405
offender under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), 1406
(b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of 1407
the Revised Code in a state correctional institution, whether to 1408
revise any modification previously made, or whether to terminate 1409
the prison term;1410

       (c) The prosecuting attorney who prosecuted the case, or the 1411
successor in office to that prosecuting attorney;1412

       (d) The offender.1413

       (B) When the department of rehabilitation and correction 1414
provides a risk assessment report regarding an offender to the 1415
parole board or court pursuant to division (A)(4)(a) or (b) of 1416
this section, the department, prior to the parole board's or 1417
court's hearing, also shall provide to the offender or to the 1418
offender's attorney of record a copy of the report and a copy of 1419
any other relevant documents the department possesses regarding 1420
the offender that the department does not consider to be 1421
confidential.1422

       (C) As used in this section:1423

        (1) "Adjudicated a sexually violent predator" has the same 1424
meaning as in section 2929.01 of the Revised Code, and a person is 1425
"adjudicated a sexually violent predator" in the same manner and 1426
the same circumstances as are described in that section.1427

        (2) "Designated homicide, assault, or kidnapping offense" and 1428
"violent sex offense" have the same meanings as in section 2971.01 1429
of the Revised Code.1430

       Section 2.  That existing sections 2903.02, 2929.02, 2929.14, 1431
2941.148, 2967.13, 2971.03, 2971.07, and 5120.61 of the Revised 1432
Code are hereby repealed.1433