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(122nd General Assembly)(Substitute House Bill Number 151)
AN ACT
To amend sections 109.57, 2911.01, 2921.33, 2923.123, 2929.04, 2929.14,
2929.20, and
2953.08 of
the Revised Code to expand the offense of aggravated
robbery to specifically
include disarming or attempting to disarm a law enforcement
officer, to increase the penalty for resisting arrest
when the offender causes
physical harm to a law enforcement officer or brandishes a deadly weapon,
to expand the types of law enforcement officers
within the
scope of the "killing a peace officer" aggravating circumstance for capital
offenses, and to
exempt under certain circumstances county and municipal prosecutors, their
assistants, and secret
service officers appointed by a county prosecutor from
the offenses of illegal conveyance of a deadly
weapon or dangerous ordnance in a courthouse and illegal
possession or control of a deadly weapon or dangerous ordnance
in a courthouse. Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 109.57, 2911.01, 2921.33, 2923.123, 2929.04, 2929.14,
2929.20,
and
2953.08 of the Revised Code be amended to read as follows:
Sec. 109.57. (A)(1) As used in this section: (a) "Designated delinquent act or juvenile offense" means any of
the following: (i) Any "category one offense" or "category two offense"; (ii) Any violation of section 2907.03, 2907.04, or 2907.05
of the Revised Code; (iii) Any violation of section 2907.12 of the
Revised Code as it existed prior to September 3, 1996; (iv) Any attempt to commit a violation of section 2907.02,
2907.03, 2907.04, or 2907.05 of the Revised Code or to commit a violation of
section 2907.12 of the Revised Code as it existed prior to September 3, 1996; (v) A violation of any law that arose out of the same
facts and circumstances as did a charge against the child of a
violation of section 2907.02, 2907.03, 2907.04, or 2907.05 of
the Revised Code that previously was
dismissed or as did a charge against the child of a violation of
section 2907.12 of the Revised Code as it existed prior to
September 3, 1996, that previously was dismissed; (iv) Any violation of section 2905.02 or 2919.23 of the
Revised Code that would have been a violation of section 2905.04 of the
Revised Code as it existed prior to July 1, 1996, had the violation been
committed prior to that date. (b) "Category one offense" and "category two offense" have the same meanings
as in section 2151.26 of the Revised Code. (2) The superintendent of the bureau of
criminal identification and investigation shall procure from wherever
procurable and file
for record photographs, pictures, descriptions, fingerprints,
measurements, and other information that may be pertinent of
all persons who have been convicted of committing within this state a
felony or any crime
constituting a misdemeanor on the first offense and a felony on subsequent
offenses, of all children fourteen years of
age or older and under eighteen years of age who have been adjudicated
delinquent children for committing within this state a designated
delinquent act or juvenile offense or who have been convicted of
or pleaded guilty to committing within this state a designated delinquent act
or juvenile offense, and of all well-known and habitual criminals. The person
in charge of any state correctional institution and the person in
charge of any state institution having custody of a person
suspected of having committed a felony or any crime constituting
a misdemeanor on the first offense and a felony on subsequent
offenses or having custody of a child fourteen years of age or
older and under eighteen years of age with respect to whom there is probable
cause to believe that the child may have committed a designated
delinquent act or juvenile offense shall furnish such material
to the superintendent of
the bureau upon request. Fingerprints, photographs, or other
descriptive information of a child who is under eighteen years of age,
has not been arrested or otherwise taken into custody for committing an act
that is a category one offense or a category two offense, has not
been adjudicated a delinquent child for committing a designated delinquent act
or juvenile offense, has not been convicted of
or pleaded guilty to committing a designated delinquent act or juvenile
offense, and is not a child with respect to whom there is probable cause to
believe that the child may have committed a designated
delinquent act or juvenile offense
shall not be procured by the superintendent or furnished by any
person in charge of any state correctional institution, except as
authorized in section 2151.313 of the Revised Code. Every
court of record in this state shall send to the superintendent of
the bureau a weekly report containing a summary of each case
involving a felony, involving any crime constituting a
misdemeanor on the
first offense and a felony on subsequent offenses, or involving an
adjudication that a child under eighteen years of age is a delinquent child
for committing a designated delinquent act or juvenile offense.
The summary shall include the style and number of the case, the dates of
arrest, commencement of trial, and conviction or adjudication of delinquency,
a statement of the
offense and the conduct that constituted it, and the sentence or
terms of probation imposed, or other disposition of the offender or the
delinquent child. The If the offense involved the disarming of a
law enforcement officer or an attempt to disarm a law enforcement officer, the
court shall clearly state that fact in the summary, and the superintendent
shall ensure that a clear statement of that fact is placed in the bureau's
records. The superintendent shall cooperate with and assist sheriffs,
chiefs of police, and other law enforcement officers in the establishment of
a complete system of criminal identification and in obtaining
fingerprints and other means of identification of all persons
arrested on a charge of a felony or any crime constituting a
misdemeanor on the first offense and a felony on subsequent
offenses and of all children fourteen years of age or older and under
eighteen years of age arrested or otherwise taken into custody for committing
a designated delinquent act or juvenile offense. The
superintendent also shall file for record the
fingerprint impressions of all persons confined in a workhouse,
jail, or state correctional institution for the violation of state
laws and of all children fourteen years of age or older and under
eighteen years of age who
are confined in a workhouse, jail, or state correctional institution or in any
facility for delinquent children for committing a designated
delinquent act or juvenile offense, and any other information
that the superintendent may receive from law enforcement
officials of the state and its political subdivisions. The superintendent shall carry out Chapter 2950. of the
Revised Code with respect to the registration of
persons who are convicted of or plead guilty
to a sexually oriented offense and with respect to all other duties imposed on
the bureau under that chapter. (B) The superintendent shall prepare and furnish to every
state correctional institution and to every court of record in
this state standard forms for reporting the information required
under division (A)(2) of this section. (C) The superintendent may operate a center for
electronic, automated, or other data processing for the storage
and retrieval of information, data, and statistics pertaining to
criminals and to children under eighteen years of age who are adjudicated
delinquent children for committing a designated delinquent
act or juvenile offense, criminal activity, crime prevention, law
enforcement,
and criminal justice, and may establish and operate a statewide
communications network to gather and disseminate information,
data, and statistics for the use of law enforcement agencies. The
superintendent may gather, store, retrieve, and
disseminate information, data, and statistics that pertain to children who are
under eighteen years of age and that are gathered pursuant to sections 109.57
to 109.61 of the Revised Code together with information, data, and
statistics that pertain to adults and that are gathered pursuant to those
sections. (D) The information and materials furnished to the
superintendent pursuant to division (A)(2) of this section and
information and materials furnished to any board or person under
division (F) or (G) of this section are not public records under section
149.43 of the Revised Code. (E) The attorney general shall adopt rules, in accordance
with Chapter 119. of the Revised Code, setting forth the
procedure by which a person may receive or release information
gathered by the superintendent pursuant to division (A)(2) of this
section. A reasonable fee may be charged for this service. If a
temporary employment service submits a request for a determination
of whether a person the service plans to refer to an employment
position has been convicted of or pleaded guilty to an offense
listed in division (A)(1), (3), (4), or (5) of section 109.572
of the Revised Code, the request shall be treated as a single
request and only one fee shall be charged. (F)(1) As used in division (F)(2) of this section, "head
start agency" means an entity in this state that has been
approved to be an agency for purposes of subchapter II of the
"Community Economic Development Act," 95 Stat. 489 (1981), 42
U.S.C.A. 9831, as amended. (2)(a) In addition to or in conjunction with any request that
is required to be made under section 109.572, 2151.86, 3301.32,
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5126.28,
5126.281, or 5153.111 of the Revised Code, the board of education
of any school district; any county board of mental retardation
and developmental disabilities; any entity under contract with a
county board of mental retardation and developmental
disabilities; the chief administrator of any chartered nonpublic
school; the chief administrator of any home health agency;
the chief administrator of or person operating any child
day-care center, type A family day-care home, or type B family
day-care home licensed or certified under Chapter 5104. of the
Revised Code; the administrator of any type C family day-care
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st
general assembly; the chief administrator of any head start agency;
or the executive director of a public children services agency
may request that the superintendent of the bureau investigate and
determine, with respect to any individual who has applied for
employment in any position after October 2, 1989, or any individual
wishing to apply for employment with a board of education may
request, with regard to the
individual's own self, whether the bureau has any
information gathered under division (A)(2) of this section that
pertains to that individual. On receipt of the request, the
superintendent shall determine whether that information exists
and, upon request of the person, board, or entity requesting
information, also shall request from the federal bureau of
investigation any criminal records it has pertaining to that
individual. Within thirty days of the date that the superintendent
receives a
request, the superintendent shall send to the board, entity, or
person a report of any information that the superintendent
determines exists,
including information contained in records that have been sealed
under section 2953.32 of the Revised Code, and, within thirty
days of its receipt, shall send the board, entity, or person a
report of any information received from the federal
bureau of investigation, other than information the dissemination
of which is prohibited by federal law. (b) When a board of education is required to receive information
under this section as a prerequisite to employment of an
individual pursuant to section 3319.39 of the Revised Code, it may accept a
certified copy of records that were issued
by the bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the
district in lieu of requesting that information itself. In such a case, the
board shall accept the certified copy issued by the bureau in order to make a
photocopy of it for that individual's employment application documents and
shall return the certified copy to the individual. In a case of that nature,
a district only shall
accept a certified copy of records of that nature within one year
after the date of their issuance by the
bureau. (3) The state board of education may request, with respect
to any individual who has applied for employment after October 2,
1989, in any position with the state board or the department of
education, any information that a school district board of
education is authorized to request under division (F)(2)
of this section, and the
superintendent of the bureau shall proceed as if the request has
been received from a school district board of education under
division (F)(2) of this section. (4) When the superintendent of the bureau receives a
request for information that is authorized under section 3319.291
of the Revised Code, the superintendent shall proceed as if the
request has been received from a school district board of
education under division (F)(2) of this section. (G) In addition to or in conjunction with
any request that is required to be made under section 173.41, 3701.881,
3712.09,
3721.121, or 3722.151 of the Revised
Code with respect to an individual who has applied for employment in
a position that involves providing direct care to an older adult, the chief
administrator of a PASSPORT agency that provides services through the
PASSPORT program created under section 173.40 of the Revised
Code, home health agency,
hospice care program, home licensed under Chapter 3721.
of the Revised Code, adult day-care program
operated pursuant to rules adopted under section 3721.04 of the
Revised Code, or adult care facility
may request that the superintendent of the bureau
investigate and determine, with respect to any individual who has
applied after the effective date of this amendment
January 27, 1997, for employment in a position that
does not involve providing
direct care to an older adult, whether the bureau has any information
gathered under division (A) of this section that pertains
to that individual. On receipt of the request, the
superintendent shall determine whether that information exists
and, on request of the administrator requesting information,
shall also request from the federal bureau of investigation any
criminal records it has pertaining to that individual. Within
thirty days of the date a request is received, the superintendent
shall send to the administrator a report of any
information determined to exist, including information contained
in records that have been sealed under section 2953.32 of the
Revised Code, and, within thirty days of its
receipt, shall send the administrator a report of any
information received from the federal bureau of investigation,
other than information the dissemination of which is prohibited
by federal law. (H) Information obtained by a board,
administrator, or other person under this section is confidential
and shall not be released or disseminated. (I) The superintendent may charge a reasonable fee for
providing information or criminal records under division (F)(2)
or (G) of this section. Sec. 2911.01. (A) No person, in attempting or committing a theft offense, as
defined in section 2913.01 of the Revised Code, or in fleeing immediately
after the attempt or offense, shall do any of the
following: (1) Have a deadly weapon on or about the
offender's person or under the offender's control and either
display the weapon, brandish it, indicate that the offender
possesses it, or use it; (2) Have a dangerous ordnance on or about the offender's person or
under the offender's control; (3) Inflict, or attempt to inflict, serious physical harm on another. (B) No person, without privilege to do so, shall knowingly remove or
attempt to remove a deadly weapon from the person of a law enforcement
officer, or shall knowingly deprive or attempt to deprive a law enforcement
officer of a deadly weapon, when both of the following apply: (1) The law enforcement officer, at the time of the removal, attempted
removal, deprivation, or attempted deprivation, is acting within the course
and scope of the officer's duties; (2) The offender knows or has reasonable cause to know that the law
enforcement officer is a law enforcement officer. (C) Whoever violates this section is guilty of aggravated
robbery, a felony of the first degree. (C)(D) As used in this section, "deadly:
(1) "Deadly weapon" and "dangerous
ordnance" have the same meanings as in section 2923.11 of the Revised
Code. (2) "Law enforcement officer" has the same meaning as in section
2901.01
of the Revised Code and also includes employees of the
department of rehabilitation and correction who are authorized to carry
weapons within the course and scope of their duties. Sec. 2921.33. (A) No person, recklessly or by force, shall resist or
interfere with a lawful arrest of the person or another. (B) No person, recklessly or by force, shall resist or interfere with a
lawful arrest of the person or another person and, during the course of or as
a
result of the resistance or interference, cause physical harm to a law
enforcement officer. (C) No person, recklessly or by force, shall resist or interfere
with a lawful arrest of the person or another person if either of the
following applies: (1) The offender, during the course of or as a result of the resistance or
interference, recklessly causes physical harm to a law enforcement officer by
means of a
deadly weapon; (2) The offender, during the course of the
resistance or interference, brandishes a deadly weapon. (D) Whoever violates this section is guilty of resisting
arrest,. A violation of division (A) of this
section is a
misdemeanor of the second degree. If the offense is committed by an
offender
who brandishes a deadly weapon or who attempts to gain control of a deadly
weapon that is in the possession of a law enforcement officer, resisting
arrest a violation of division (B) of this section is a
misdemeanor of the first degree. A violation of division (C) of this
section is a felony of the fifth fourth degree. (C)(E) As used in this section, "deadly weapon" has
the same meaning as in section 2923.11 of the Revised Code.
Sec. 2923.123. (A) No
person shall knowingly convey or attempt to convey a deadly
weapon or dangerous ordnance into a courthouse or into another building
or structure in which a courtroom is located. (B) No person shall
knowingly possess or have under the person's control a deadly
weapon or dangerous ordnance in a courthouse or in another building
or structure in which a courtroom is located. (C) This section does
not apply to any of the following: (1) A judge of a court of record of this state or a
magistrate, unless a rule of superintendence or another type of
rule adopted by the supreme court pursuant to
Article
IV,
Ohio
Constitution or an applicable
local rule of court prohibits all persons from conveying or
attempting to convey a deadly weapon or dangerous ordnance into
a courthouse or into another building or structure in which a courtroom
is located or from possessing or having under one's control a
deadly weapon or dangerous ordnance in a courthouse or in another
building or structure in which a courtroom is located; (2) A peace officer, or an officer of a law enforcement
agency of another state, a political subdivision of another
state, or the United
States, who is authorized to
carry a deadly weapon or dangerous ordnance, who possesses or
has under that individual's control a deadly weapon or dangerous
ordnance as a requirement of that individual's duties, and who
is acting within the scope of that individual's duties at the
time of that possession or control, unless a rule of
superintendence or another type of rule adopted by the supreme
court pursuant to Article
IV,
Ohio
Constitution or an applicable
local rule of court prohibits all persons from conveying or
attempting to convey a deadly weapon or dangerous ordnance into
a courthouse or into another building or structure in which a courtroom
is located or from possessing or having under one's control a
deadly weapon or dangerous ordnance in a courthouse or in another
building or structure in which a courtroom is located; (3) A person who conveys, attempts to convey, possesses,
or has under the person's control a deadly weapon or dangerous
ordnance that is to be used as evidence in a pending criminal or
civil action or proceeding; (4) A bailiff or deputy bailiff of a court of record of
this state who is authorized to carry a firearm pursuant to
section 109.77 of the Revised
Code, who possesses or has
under that individual's control a firearm as a requirement of
that individual's duties, and who is acting within the scope of
that individual's duties at the time of that possession or
control, unless a rule of superintendence or another type of
rule adopted by the supreme court pursuant to
Article
IV,
Ohio
Constitution, or an applicable
local rule of court prohibits all persons from conveying or
attempting to convey a deadly weapon or dangerous ordnance into
a courthouse or into another building or structure in which a courtroom
is located or from possessing or having under one's control a
deadly weapon or dangerous ordnance in a courthouse or in another
building or structure in which a courtroom is located; (5) A prosecutor, or a secret service officer appointed
by a county prosecuting attorney, who is authorized to carry a
deadly weapon or dangerous ordnance in the performance of the individual's
duties, who possesses or has under that individual's control a deadly weapon
or dangerous ordnance
as a requirement of that individual's duties, and who is acting
within the scope of that individual's duties at the time of that
possession or control, unless a rule of superintendence or
another type of rule adopted by the supreme court pursuant to
Article IV of the Ohio Constitution or an
applicable local rule of court prohibits all persons from conveying or
attempting to convey a deadly weapon or dangerous ordnance into
a courthouse or into another building or structure in which a
courtroom is located or from possessing or having under one's
control a deadly weapon or dangerous ordnance in a courthouse or
in another building or structure in which a courtroom is
located. (D)(1) Whoever violates division (A) of this section is
guilty of illegal conveyance of a deadly weapon or dangerous
ordnance into a courthouse. Except as otherwise provided in this division,
illegal conveyance of a deadly weapon or dangerous ordnance into a courthouse
is a felony of the fifth degree. If the offender previously has been
convicted of a violation of division (A) or (B) of this
section, illegal conveyance of a deadly weapon or dangerous ordnance into a
courthouse is a felony of the fourth degree. (2) Whoever violates division (B)
of this section is guilty of illegal possession or control of a
deadly weapon or dangerous ordnance in a courthouse. Except as otherwise
provided in this division, illegal possession or control of a deadly weapon or
dangerous ordnance in a courthouse is a felony of the fifth degree. If the
offender previously has been convicted of a violation of division (A)
or (B) of this section, illegal possession or control of a deadly
weapon or dangerous ordnance in a courthouse is a felony of the fourth
degree. (E) As used in this
section: (1) "Magistrate" means an individual who is appointed
by a court of record of this state and who has the powers and
may perform the functions specified in
Civil Rule 53, Criminal Rule 19, or Juvenile Rule 40. (2) "Peace officer" has and "prosecutor" have the same
meaning meanings as in section 2935.01 of the Revised Code. Sec. 2929.04. (A) Imposition of the death penalty for
aggravated murder is precluded, unless one or more of the
following is specified in the indictment or count in the
indictment pursuant to section 2941.14 of the Revised Code and
proved beyond a reasonable doubt: (1) The offense was the assassination of the president of
the United States or a person in line of succession to the
presidency, or of the governor or lieutenant governor of this
state, or of the president-elect or vice president-elect of the
United States, or of the governor-elect or lieutenant
governor-elect of this state, or of a candidate for any of the
foregoing offices described in this division. For purposes of
this division, a person is a
candidate if he the person has been nominated for election
according to law,
or if he the person has filed a petition or petitions
according
to law to
have his the person's name placed on the ballot in a primary or
general
election, or if he the person campaigns as a write-in candidate
in a primary
or general election. (2) The offense was committed for hire. (3) The offense was committed for the purpose of escaping
detection, apprehension, trial, or punishment for another offense
committed by the offender. (4) The offense was committed while the offender was a
prisoner in a detention facility, as defined in section 2921.01 of
the Revised Code. (5) Prior to the offense at bar, the offender was
convicted of an offense an essential element of which was the
purposeful killing of or attempt to kill another, or the offense
at bar was part of a course of conduct involving the purposeful
killing of or attempt to kill two or more persons by the
offender. (6) The victim of the offense was a peace officer law enforcement
officer, as
defined in section 2935.01 2911.01 of the Revised Code, whom
the offender
had reasonable cause to know or knew to be such a law enforcement
officer as so defined, and either the
victim, at the time of the commission of the offense, was engaged
in his the victim's duties, or it was the offender's specific
purpose to kill
a peace officer law enforcement officer as so defined. (7) The offense was committed while the offender was
committing, attempting to commit, or fleeing immediately after
committing or attempting to commit kidnapping, rape, aggravated
arson, aggravated robbery, or aggravated burglary, and either the
offender was the principal offender in the commission of the
aggravated murder or, if not the principal offender, committed
the aggravated murder with prior calculation and design. (8) The victim of the aggravated murder was a witness to
an offense who was purposely killed to prevent his the victim's
testimony in
any criminal proceeding and the aggravated murder was not
committed during the commission, attempted commission, or flight
immediately after the commission or attempted commission of the
offense to which the victim was a witness, or the victim of the
aggravated murder was a witness to an offense and was purposely
killed in retaliation for his the victim's testimony in any
criminal
proceeding. (B) If one or more of the aggravating circumstances listed
in division (A) of this section is specified in the indictment or
count in the indictment and proved beyond a reasonable doubt, and
if the offender did not raise the matter of age pursuant to
section 2929.023 of the Revised Code or if the offender, after
raising the matter of age, was found at trial to have been
eighteen years of age or older at the time of the commission of
the offense, the court, trial jury, or panel of three judges
shall consider, and weigh against the aggravating circumstances
proved beyond a reasonable doubt, the nature and circumstances of
the offense, the history, character, and background of the
offender, and all of the following factors: (1) Whether the victim of the offense induced or
facilitated it; (2) Whether it is unlikely that the offense would have
been committed, but for the fact that the offender was under
duress, coercion, or strong provocation; (3) Whether, at the time of committing the offense, the
offender, because of a mental disease or defect, lacked
substantial capacity to appreciate the criminality of his the
offender's conduct
or to conform his the offender's conduct to the requirements of
the law; (4) The youth of the offender; (5) The offender's lack of a significant history of prior
criminal convictions and delinquency adjudications; (6) If the offender was a participant in the offense but
not the principal offender, the degree of the offender's
participation in the offense and the degree of the offender's
participation in the acts that led to the death of the victim; (7) Any other factors that are relevant to the issue of
whether the offender should be sentenced to death. (C) The defendant shall be given great latitude in the
presentation of evidence of the factors listed in division (B) of
this section and of any other factors in mitigation of the
imposition of the sentence of death. The existence of any of the mitigating factors listed in
division (B) of this section does not preclude the imposition of
a sentence of death on the offender, but shall be weighed
pursuant to divisions (D)(2) and (3) of section 2929.03 of the
Revised Code by the trial court, trial jury, or the panel of
three judges against the aggravating circumstances the offender
was found guilty of committing. Sec. 2929.14. (A) Except as provided in
division (C), (D)(2), (D)(3), or (D)(4), or (G) of this
section and except in relation to an offense for which a sentence
of death or life imprisonment is to be imposed, if the court
imposing a sentence upon an offender for a felony elects or is
required to impose a prison term on the offender pursuant to this
chapter and is not prohibited by division (G)(1) of section 2929.13 of the
Revised Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall
be one of the following: (1) For a felony of the first degree, the prison term
shall be three, four, five, six, seven, eight, nine, or ten
years. (2) For a felony of the second degree, the prison term
shall be two, three, four, five, six, seven, or eight years. (3) For a felony of the third degree, the prison term
shall be one, two, three, four, or five years. (4) For a felony of the fourth degree, the prison term
shall be six, seven, eight, nine, ten, eleven, twelve, thirteen,
fourteen, fifteen, sixteen, seventeen, or eighteen months. (5) For a felony of the fifth degree, the prison term
shall be six, seven, eight, nine, ten, eleven,
or twelve months. (B) Except as provided in division (C),
(D)(2), (D)(3), or (G) of this section or in Chapter
2925. of the Revised Code, if the court
imposing a sentence upon an offender for a felony elects or is
required to impose a prison term on the offender and if the
offender previously has not served a prison term, the court shall
impose the shortest prison term authorized for the offense
pursuant to division (A) of this section, unless the
court finds on the record that the shortest prison term will
demean the seriousness of the offender's conduct or will not
adequately protect the public from future crime by the offender
or others. (C) Except as provided in division (G) of this section or in Chapter 2925. of
the Revised Code, the court imposing a sentence upon an
offender for a felony may impose the longest prison term
authorized for the offense pursuant to division (A) of
this section only upon offenders who committed the worst forms of
the offense, upon offenders who pose the greatest likelihood of
committing future crimes, upon certain major drug offenders under
division (D)(3) of this section, and upon certain repeat
violent offenders in accordance with division (D)(2) of
this section. (D)(1)(a)(i) Except as provided in division (D)(1)(b) of this section, if
an offender who is convicted of or pleads guilty to a felony also
is convicted of or pleads guilty to a specification of the type
described in section 2941.144 of the
Revised Code
that charges the offender with having a firearm that is an automatic firearm
or that was equipped with a firearm muffler or silencer on or about the
offender's person or
under the offender's control while committing the felony, a specification of
the type described in section 2941.145 of the Revised
Code that charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing the offense
and displaying
the firearm, brandishing
the firearm, indicating that the offender possessed the firearm, or
using it to facilitate the offense,
or a specification of the type described in section 2941.141 of the Revised
Code
that charges the offender with having a firearm on or about the offender's
person or under the offender's control while committing the felony, the
court, after imposing a prison term on the
offender for the felony under division (A),
(D)(2), or (D)(3) of this section, shall impose
an additional prison term, determined pursuant to this division,
that shall not be reduced pursuant to section 2929.20, section 2967.193, or
any other provision of Chapter 2967. or Chapter 5120. of the
Revised
Code. If the specification is of the type described in
section 2941.144 of the Revised Code, the
additional prison term shall be six years. If the
specification
is of the type described in section 2941.145 of the
Revised Code, the
additional prison term shall be three years. If the specification is of the
type described in section 2941.141 of the Revised Code, the additional prison term shall be
one year. A court shall not
impose more than one additional prison term on an offender under
this division for felonies committed as part of
the same act or transaction. If a court imposes an additional prison
term under division (D)(1)(a)(ii) of this section, the court is not precluded
from imposing an additional prison term under this division. (ii) Except as provided in division (D)(1)(b)
of this section, if an offender who is convicted of or pleads
guilty to a violation of section 2923.161 of the
Revised
Code or to a felony that includes,
as an essential element, purposely or knowingly causing or
attempting to cause the death of or physical harm to another,
also is convicted of or pleads guilty to a specification of the
type described in section 2941.146 of the
Revised
Code that charges the offender
with committing the offense by discharging a firearm from a
motor vehicle, as defined in section 4501.01 of the
Revised
Code, other than a manufactured
home, as defined in section 4501.01 of the
Revised
Code, the court, after imposing
a prison term on the offender for the violation of section
2923.161 of the Revised
Code or for the other felony
offense under division (A), (D)(2), or (D)(3) of this section, shall
impose an additional prison term of five years upon the offender
that shall not be reduced pursuant to section 2929.20, section 2967.193, or
any other provision of Chapter 2967. or Chapter 5120. of the Revised Code. A
court shall not impose
more than one additional prison term on an offender under this
division for felonies committed as part of the same
act or transaction. If a court imposes an additional prison term on an
offender under this division relative to an offense, the court also shall
impose an additional prison term under division (D)(1)(a)(i) of this section
relative to the same offense, provided the criteria specified in that division
for imposing an additional prison term are satisfied relative to the offender
and the offense. (b) The court shall not impose any of the additional
prison terms described in division
(D)(1)(a)
of this section upon an offender for a violation of section
2923.12 of the Revised Code. The court shall not
impose any of the additional prison terms described in that division
upon an offender for a violation of section 2923.13 of the
Revised Code unless all of the following apply: (i) The offender previously has been convicted
of aggravated murder, murder, or any felony of the first or
second degree. (ii) Less than five years have passed since the
offender was released from prison or post-release control,
whichever is later, for the prior offense. (2)(a) If an offender who is
convicted of or pleads guilty to a felony also is convicted of or pleads
guilty to a
specification of the type described in section 2941.149 of the Revised Code that the
offender is a repeat
violent offender, the court shall
impose a prison term from the range of terms authorized for the offense
under division (A) of this section
that may be the longest term in the range and that shall not be reduced
pursuant to section 2929.20, section 2967.193, or
any other provision of Chapter 2967. or Chapter 5120. of the
Revised
Code. If the court finds that the
repeat violent offender, in committing the offense, caused any
physical harm that carried a substantial risk of death to a
person or that involved substantial permanent incapacity or
substantial permanent disfigurement of a person,
the court shall impose the longest prison term from the range of terms
authorized for the
offense under division (A) of this section. (b) If the court imposing a prison term on a
repeat violent offender imposes the longest prison term
from the range of terms authorized for the offense under division
(A) of this section, the court may impose on the offender
an additional definite prison term of one, two, three, four,
five, six, seven, eight, nine, or ten years if the court finds
that both of the following apply with respect to the prison terms
imposed on the offender pursuant to division
(D)(2)(a) of this section and, if
applicable, divisions (D)(1) and (3) of this section: (i) The terms so imposed are inadequate to
punish the offender and protect the public from future crime,
because the applicable factors
under
section 2929.12
of the Revised Code indicating a greater
likelihood of recidivism outweigh
the applicable factors under that section indicating a lesser likelihood of
recidivism. (ii) The terms so imposed are demeaning to the
seriousness of the offense, because one or more of the factors
under section 2929.12 of the Revised Code
indicating that the offender's conduct is more serious than conduct normally
constituting the offense are present, and they outweigh the applicable
factors under that section indicating that the offender's
conduct is
less serious than conduct normally constituting the offense. (3)(a) Except when an offender commits a
violation of section 2903.01 or 2907.02 of the
Revised Code and the penalty imposed for the
violation is life imprisonment or commits a violation of section
2903.02 of the Revised Code, if the offender
commits a violation of section 2925.03, 2925.04, or 2925.11 of
the Revised Code and that section requires the
imposition of a ten-year prison term on the offender or if a
court imposing a sentence upon an offender for a felony finds
that the offender is guilty of a specification of the type
described in section 2941.1410 of the Revised Code, that the offender is a
major drug offender, is guilty
of corrupt activity with the most serious offense in the pattern
of corrupt activity being a felony of the first degree, or is guilty of
an attempted forcible violation of section 2907.02 of the Revised Code with
the victim being under
thirteen years of age and that attempted violation is the felony
for which sentence is being imposed, the court shall impose upon
the offender for the felony violation a ten-year prison term that
cannot be reduced pursuant to section 2929.20 or Chapter
2967. or 5120. of the Revised Code. (b) The court imposing a prison term on an
offender under division (D)(3)(a) of this
section may impose an additional prison term of one, two, three,
four, five, six, seven, eight, nine, or ten years, if the court,
with respect to the term imposed under division
(D)(3)(a) of this section and, if
applicable, divisions (D)(1) and (2) of this section,
makes both of the findings set forth in divisions
(D)(2)(b)(i) and (ii) of this section. (4) If the offender is being sentenced for a fourth degree felony
OMVI
offense and if division (G)(2) of section 2929.13 of the Revised Code requires
the sentencing court to impose upon the offender a mandatory prison term, the
sentencing court shall impose upon the offender a mandatory prison term in
accordance with that division. In addition to the mandatory prison term, the
sentencing court may sentence the offender to an additional prison term of any
duration specified in division (A)(4) of this section minus the sixty days
imposed upon the offender as the mandatory prison term. The total of the
additional prison term imposed under division (D)(4) of this section
plus the sixty days imposed as the mandatory prison term shall equal one of
the authorized prison terms specified in division (A)(4) of this section. If
the court imposes an additional prison term under division (D)(4) of this
section, the offender shall serve the additional prison term after the
offender has served the mandatory prison term required for the offense. The
court shall not sentence the offender to a community control sanction under
section 2929.16 or 2929.17 of the Revised Code. (E)(1) If a mandatory prison term is imposed
upon an offender pursuant to division (D)(1)(a) of this
section for having a firearm on or about the offender's person or under the
offender's
control while committing a felony or if a mandatory prison term is imposed
upon an offender pursuant to division (D)(1)(b) of
this section for committing a felony specified in that division by discharging
a firearm from a motor vehicle, the offender shall serve
the mandatory prison term consecutively to and prior to the prison term
imposed for the underlying felony pursuant to division (A),
(D)(2), or (D)(3) of this section or any other
section of the Revised Code and consecutively to any other prison term
or
mandatory prison term previously or subsequently imposed upon the
offender. (2) If an offender who is an inmate in a jail, prison,
or other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an offender who is an
inmate in a jail, prison, or other residential detention facility or is under
detention at a detention facility commits another felony while the offender is
an
escapee in violation of
section 2921.34 of the Revised Code, any prison
term imposed upon the offender for one of those violations
shall be served by the offender consecutively to the prison term or term of
imprisonment the offender
was serving when the offender committed that offense and to any other prison
term previously or subsequently imposed upon the offender. As used in this
division, "detention" and "detention facility" have the same meanings as in
section 2921.01 of the Revised Code. (3) If a prison term is imposed for a violation of division
(B) of section 2911.01 of the Revised
Code, the offender shall serve that prison term consecutively to any
other prison term. (4) If multiple prison terms are imposed on an offender
for convictions of multiple offenses, the court may require the
offender to serve the prison terms consecutively if the court
finds that the consecutive service is necessary to protect the
public from future crime or to punish the offender and that
consecutive sentences are not disproportionate to the seriousness of the
offender's conduct and to the danger the offender
poses to the public, and if the court also finds any
of the following: (a) The offender committed the multiple
offenses while the offender was awaiting trial or sentencing, was
under a sanction imposed pursuant to section 2929.16, 2929.17, or
2929.18 of the Revised Code, or was under
post-release control for a prior offense. (b) The harm caused by the multiple offenses
was so great or unusual that no single prison term for any of the
offenses committed as part of a single course of conduct
adequately reflects the seriousness of the offender's conduct. (c) The offender's history of criminal conduct
demonstrates that consecutive sentences are necessary to protect
the public from future crime by the offender. (4)(5) When consecutive prison terms are imposed pursuant
to division (E)(1), (2), or (3), or (4) of this
section, the term to be served is the aggregate of all of the terms so
imposed.
(F) If a court imposes a prison term of a type
described in division (B) of section 2967.28 of the
Revised Code, it shall include in the sentence a
requirement that the offender be subject to a period of
post-release control after the offender's release from imprisonment, in
accordance with that division. If a court imposes a prison term
of a type described in division (C) of that section, it
shall include in the sentence a requirement that the offender be
subject to a period of post-release control after the offender's release
from imprisonment, in accordance with that division, if the
parole board determines that a period of post-release control is
necessary. (G) If a person is convicted of or pleads guilty to a sexually violent
offense and also is convicted of or pleads guilty to a sexually violent
predator specification that was included in the indictment, count in the
indictment, or information charging that offense, the court shall impose
sentence upon the offender in accordance with section 2971.03 of the Revised
Code, and Chapter 2971. of the Revised Code applies regarding the prison term
or term of life imprisonment without parole imposed upon the offender and the
service of that term of imprisonment. Sec. 2929.20. (A)(1) As used in this section,
"eligible offender" means any of the following: (a) A person who has been convicted of or pleaded
guilty to a felony, who is serving a stated prison term of
ten
years or less, and who is not serving a mandatory prison term; (b) A person who has been convicted of or pleaded
guilty to a felony, who was sentenced to a mandatory prison term
and another prison term
of ten years or less, and who has served the
mandatory prison term; (c) A person who has been convicted of or pleaded
guilty to a felony, who was sentenced to a mandatory prison term
pursuant to division (D)(1) of
section 2929.14 of the Revised
Code and another prison term of
ten years or less, who is required by division
(E)(1) of section 2929.14 of
the Revised
Code to serve the mandatory
prison term and the other prison term consecutively, and who has
served the mandatory prison term. (2) "Eligible offender" does not include any of the
following: (a) A person who has been convicted of or pleaded guilty
to a felony, who was sentenced to a mandatory prison term
pursuant to division (D)(2) or (3) of section 2929.14 of the Revised Code and
another prison term of ten years or less, and who is required by division
(E)(2) or, (3), or, (4) of section
2929.14
of the
Revised Code to serve the mandatory
prison term and the other prison term consecutively, whether or not the person
has served the mandatory prison term. (b) A person who has been convicted of or
pleaded guilty to a felony, who was sentenced to a mandatory
prison term pursuant to divisions (D)(1) and
(2), or division (D)(3) of section
2929.14 of the Revised
Code and another prison term of
ten years or less, and who is required by division
(E)(1), (2), or (3), or (4) of section
2929.14 of the Revised
Code to serve any of the
mandatory prison terms and the other prison term consecutively,
whether or not the person has served the mandatory prison
terms. (B) Upon the filing of a motion by the eligible
offender or upon its own motion, a sentencing court may reduce
the offender's stated prison term through a judicial
release in accordance with this section. An eligible offender
may file a
motion for judicial release with the sentencing court within the
following applicable period of time: (1) If the stated prison term
was imposed for a felony of the fourth or fifth degree, the
eligible offender shall file the motion not earlier than thirty
days or later than ninety days after the offender is delivered to a state
correctional institution. (2) Except as otherwise provided in division (B)(3) of
this section, if the stated prison term
was imposed for a felony of the first, second, or third degree,
the eligible offender shall file the motion not earlier than one
hundred eighty days after the offender is delivered to a state correctional
institution. (3) If the stated prison term is five years or more and less than ten
years, the eligible offender shall file the motion after the eligible offender
has served five years of the stated prison term. (4) If the offender was sentenced to a mandatory prison
term pursuant to division (D)(1) of section 2929.14 of the Revised Code and a
consecutive prison term other than a mandatory prison
term that is
ten years or less, the offender shall file the
motion within the time authorized under division (B)(1), (2), or (3) of this
section for the
felony for which the prison term
other than the mandatory prison term was imposed, but the time
for filing the motion does not begin to run until after the expiration of
the mandatory prison term. (C) Upon receipt of a timely motion for
judicial release filed by an eligible offender under division
(B) of this section or upon the sentencing court's own
motion made within the appropriate time period specified in that
division, the court may schedule a hearing on the motion. The
court may deny the motion without a hearing but shall not grant
the motion in any case without a hearing. If a court denies
without a hearing a motion filed by an eligible offender or on its
own motion that relates to an eligible offender, the court may
consider a subsequent
judicial release for that eligible offender on its own motion
or a
subsequent motion for judicial release filed by that eligible offender.
If a court denies after a hearing a motion filed by an eligible offender or
its own motion that relates to an eligible offender, the court shall not
consider a subsequent motion for that eligible offender. The court shall
hold only one hearing for any eligible offender. A hearing under this section shall be conducted in open court
within sixty days after the date on which the motion is filed,
provided that the court may delay the hearing for a period not to
exceed one hundred eighty additional days. If the court
schedules a hearing on the motion, the court shall enter a ruling
on the motion within ten days after the hearing. If the court
denies the motion without a hearing, the court shall enter its
ruling on the motion within sixty days after the motion is filed. (D) If a court schedules a hearing on the
motion filed by an eligible offender under this section or on its
own motion, the court shall notify the eligible offender of the
hearing. The eligible offender promptly shall serve a copy of
the notice of the hearing on the head of the state
correctional
institution in which the eligible offender is confined. If the
court schedules a hearing for judicial release,
the court promptly shall give notice of the hearing to the
prosecuting attorney of the county in which the eligible offender
was indicted. Upon receipt of the notice from the court, the
prosecuting attorney shall notify the victim of the offense for
which the stated prison term was imposed or the victim's
representative, pursuant to section 2930.16 of the
Revised Code, of the hearing. (E) Prior to the date of the hearing on a
motion for judicial release under this section, the head of the
state correctional institution in which the eligible
offender in question is confined shall send to the court a report
on the eligible offender's conduct in the institution and in any
institution from which the eligible offender may have been
transferred. The report shall cover the eligible offender's
participation in school, vocational training, work, treatment,
and other rehabilitative activities and any disciplinary action
taken against the eligible offender. The report shall be made
part of the record of the hearing. (F) If the court grants a hearing on a motion
for judicial release under this section, the eligible offender
shall attend the hearing if ordered to do so by the court. Upon
receipt of a copy of the journal entry containing the order, the
head of the state correctional institution in which the
eligible offender is incarcerated shall deliver the eligible
offender to the sheriff of the county in which the hearing is to
be held. The sheriff shall convey the eligible offender to the
hearing and return the offender to the institution after the
hearing. (G) At the hearing on a motion for judicial
release under this section, the court shall afford the eligible
offender and the eligible offender's counsel an opportunity to
present written information relevant to the
motion and shall afford the eligible offender, if present, and the eligible
offender's attorney to present oral information relevant to the motion.
The court shall afford a similar opportunity to the
prosecuting attorney, the victim or the victim's representative,
as defined in section 2930.01 of the Revised
Code, and any other person the court determines is
likely to present additional relevant information. The court
shall consider any statement of a victim made pursuant to section
2930.14 or 2930.17 of the Revised Code and any
victim impact statement prepared pursuant to section 2947.051 of
the Revised Code. After ruling on the motion,
the court shall notify the victim of the ruling in accordance
with sections 2930.03 and 2930.16 of the Revised
Code. (H)(1) A court shall not grant a judicial
release under this section to an eligible offender who is
imprisoned for a felony of the first or second degree, or to an
eligible offender who committed an offense contained in
Chapter 2925. or 3719. of the Revised
Code and for whom there was a presumption under section
2929.13 of the Revised Code in favor of a prison
term, unless the court, with reference to factors
under section 2929.12 of the Revised Code, finds both
of the following: (a) That a sanction other than a prison term
would adequately punish the offender and protect
the public from future criminal
violations by the eligible offender because the applicable factors
indicating a lesser likelihood of recidivism outweigh the
applicable factors indicating a
greater likelihood of recidivism; (b) That a sanction other than a prison term
would not demean the seriousness of the offense because factors
indicating that
the eligible offender's conduct in
committing the offense was less serious than conduct normally constituting the
offense outweigh factors
indicating that the eligible offender's conduct was more serious than conduct
normally constituting the offense. (2) A court that grants a judicial release to an
eligible offender under division (H)(1) of this section
shall specify on the record both findings required in that
division and also shall list all the factors described in that
division that were presented at the hearing. (I) If the court grants a motion for judicial
release under this section, the court shall order the release of
the eligible offender, shall place the eligible offender under an appropriate
community control
sanction, under a mandatory condition of the type described in
division (A) of section 2967.131 of the Revised Code, and under the
supervision of the department of probation
serving the court, and shall reserve the right to reimpose the sentence that
it reduced pursuant to the judicial release if the offender violates the
sanction. If the court reimposes the reduced sentence pursuant to this
reserved right, it may do so either concurrently with, or consecutive to, any
new sentence imposed upon the eligible offender as a result of the violation.
The period of the community control sanction
shall be
no longer than five years. The court, in its
discretion, may reduce the period of the community control sanction by the
amount of time the eligible
offender spent in jail for the offense and in prison. If the
court made any findings pursuant to division (H)(1) of
this section, the court shall serve a copy of the findings upon
counsel for the parties within fifteen days after the date on
which the court grants the motion for judicial release. Prior to being released pursuant to a judicial release
granted under this section, the eligible offender shall serve any
extension of sentence that was imposed under section 2967.11 of
the Revised Code. Sec. 2953.08. (A) In addition to any other
right to appeal and except as provided in division (D) of
this section, a defendant who is convicted of or pleads guilty to
a felony may appeal as a matter of right the sentence imposed
upon the defendant on one of the following grounds: (1) The sentence consisted of or included the maximum prison term allowed for
the offense by division (A) of section 2929.14 of the Revised Code and was not
imposed pursuant to division
(D)(3)(b) of section 2929.14 of the Revised Code, and the court imposed it
under one of the following circumstances: (a) The sentence was imposed for only one offense. (b) The sentence was imposed for two or more
offenses arising out of a single incident, and the court imposed
the maximum prison term for the offense of the highest degree. (2) The sentence consisted of or included a prison term, the offense for
which it was imposed is a felony of the fourth or fifth degree or is a felony
drug offense that is a violation of a provision of
Chapter 2925. of the Revised Code and that is specified as being subject to
division (B) of section 2929.13 of the Revised Code for purposes of
sentencing, and the court did not specify at sentencing that it found one or
more factors specified
in division divisions (B)(1)(a) to (i)(h) of
section 2929.13 of the Revised Code to apply
relative to the
defendant. If the court specifies that it found
one or more of those factors to apply relative to the defendant,
the defendant is not entitled under this division to appeal as a
matter of right the sentence imposed upon the offender. (3) The person was convicted of or pleaded guilty to a sexually violent
offense, was adjudicated as being a sexually violent predator, and was
sentenced pursuant to division (A)(3) of
section 2971.03 of the Revised Code, if the minimum
term of the indefinite term imposed pursuant to division (A)(3) of
section 2971.03 of the Revised Code is the longest term available for the
offense from among
the range of terms listed in section 2929.14 of the Revised Code. As used in
this division,
"sexually violent offense" and "sexually violent predator" have the same
meanings as in section 2971.01 of the Revised Code. (4) The sentence is contrary to law. (4)(5) The sentence consisted of an additional prison term of
ten years imposed pursuant to division (D)(3)(b) of section 2929.14 of the
Revised Code.
(B) In addition to any other right to appeal
and except as provided in division (D) of this section, a
prosecuting attorney, a city director of law, village solicitor, or
similar chief legal officer of a municipal corporation, or the
attorney general, if one of those persons prosecuted the case, may appeal as a
matter of right a sentence
imposed upon a defendant who is convicted of or pleads guilty to
a felony or, in the circumstances described in division (B)(3) of
this section the modification of a sentence imposed upon such a defendant, on
any of the following grounds: (1) The sentence did not include a prison
term despite a presumption favoring a prison term for the offense
for which it was imposed, as set forth in section 2929.13
or Chapter 2925. of the Revised Code. (2) The sentence is contrary to law. (3) The sentence is a modification under section 2929.20 of the Revised Code
of a sentence that was imposed for a felony of the first or second degree. (C) In addition to the right to appeal a sentence
granted under division (A) or (B) of this
section, a defendant who is convicted of or pleads guilty to a
felony may seek leave to appeal a sentence imposed upon the
defendant on the basis that the sentencing judge has imposed
consecutive sentences under division (E)(3) or (4) of
section 2929.14 of the Revised Code and that the
consecutive sentences exceed the maximum prison term allowed by
division (A) of that section for the most serious offense
of which the defendant was convicted. Upon the filing of a
motion under this division, the court
of appeals may grant leave to appeal the sentence if the court
determines that the allegation included as the basis of the
motion is true. (D) A sentence imposed upon a defendant is not
subject to review under this section if the sentence is
authorized by law, has been recommended jointly by the defendant
and the prosecution in the case, and is imposed by a sentencing
judge. A sentence imposed for aggravated murder or murder
pursuant to sections 2929.02 to 2929.06 of the Revised
Code is not subject to review under this section. (E) A defendant, prosecuting attorney, city
director of law, village solicitor, or chief municipal legal
officer shall file an appeal of a sentence under this section to
a court of appeals within the time limits specified in
Rule 4(B) of the Rules of
Appellate Procedure, provided that if the appeal is pursuant
to division (B)(3) of this section, the time limits specified in that
rule shall not commence running until the court grants the motion that makes
the sentence modification in question. A sentence appeal under
this section shall be consolidated with any other appeal in the
case. If no other appeal is filed, the court of appeals may
review only the portions of the trial record that pertain to
sentencing. (F) On the appeal of a sentence under this
section, the record to be reviewed shall include all of the
following, as applicable: (1) Any presentence, psychiatric, or other
investigative report that was submitted to the court in writing
before the sentence was imposed. An appellate court that
reviews a presentence investigation report prepared pursuant to section
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in connection
with the appeal of a sentence under this section shall comply with division
(D)(3) of section 2951.03 of the Revised Code when the appellate court is not
using the presentence investigation report, and the appellate court's use of a
presentence investigation report of that nature in connection with the appeal
of a sentence under this section does not affect the otherwise confidential
character of the contents of that report as described in division
(D)(1) of section 2951.03 of the Revised Code and does not cause that report
to become a public record, as defined in section 149.43 of the Revised Code,
following the appellate court's use of the report. (2) The trial record in the case in which the sentence
was imposed; (3) Any oral or written statements made to or by the
court at the sentencing hearing at which the sentence was
imposed; (4) Any written findings that the court was required to
make in connection with the modification of the sentence pursuant
to a judicial release under division (H) of section
2929.20 of the Revised Code. (G)(1) The court hearing an appeal of a sentence under division (A) or (B)(1)
or (2) of this section may
increase, reduce, or otherwise modify a sentence that is appealed
under this section or may vacate the sentence and remand the
matter to the trial court for resentencing if the court clearly
and convincingly finds any of the following: (a) That the record does not support the sentence; (b) That the sentence included a prison term, that the offense
for which it was imposed is a felony of the fourth or fifth
degree or is a felony drug offense that is a violation of a provision of
Chapter 2925. of the Revised Code and that is
specified as being subject to division (B) of section 2929.13 of the
Revised Code for purposes of sentencing, that the court did
not specify in the finding it makes at sentencing that it found one or more of
the factors specified in division divisions (B)(1)(a) to
(i)(h) of section 2929.13 of the Revised Code
to apply relative to the defendant who brought the appeal, and either that the
procedures set forth in division (B) of section 2929.13 of the Revised Code
for determining whether to
impose a prison term for such an offense were not followed or
that those procedures were followed but there is an insufficient
basis for imposing a prison term for the offense; (c) That the sentence did not include a prison term, that the offense for
which it was imposed is a felony of the first or second degree or
is a felony drug offense that is a violation of a provision of Chapter 2925.
of the Revised Code for which a presumption in
favor of a prison term is specified as being applicable, and
either that the procedures set forth in division
(D) of section 2929.13 of the Revised Code that set forth the only
circumstances in which the presumption may be overridden and a
sanction other than a prison term may be imposed in lieu of a
prison term were not followed or that those procedures were
followed but there is an insufficient basis for overriding the
presumption and imposing a sanction other than a prison term for
the offense; (d) That the sentence is otherwise contrary to law. (2) The court hearing an appeal under division (B)(3) of
this section of a trial court's modification pursuant to section 2929.20 of the Revised Code
of a sentence that was imposed upon a defendant for a felony of a first or
second degree may overturn the modification and reinstate the original
sentence, or may vacate the modification of the sentence and remand the matter
to the trial court for reconsideration, only if the court clearly and
convincingly finds any of the following: (a) That the record does not support the modification based on
the criteria for modification set forth in division (H) of section
2929.20 of the Revised Code; (b) That the modification was not made in accordance with the
procedures set forth in section 2929.20 of the Revised Code, that the defendant was not
eligible for the modification under that section, or that the modification
otherwise was contrary to law. (H) A judgment or final order of a court of
appeals under this section may be appealed, by leave of court, to
the supreme court. (I)(1) There is hereby
established the felony sentence appeal cost oversight committee,
consisting of eight members. One member shall be the chief
justice of the supreme court or a representative of the court
designated by the chief justice, one member shall be a member of
the senate appointed by the president of the senate, one member
shall be a member of the house of representatives appointed by
the speaker of the house of representatives, one member shall be
the director of budget and management or a representative of the office of
budget and management designated
by the director, one member shall be a judge of a court of
appeals, court of common pleas, municipal court, or county court
appointed by the chief justice of the supreme court, one member
shall be the state public defender or a representative of the
office of the state public defender designated by the state
public defender, one member shall be a prosecuting attorney
appointed by the Ohio prosecuting attorneys association, and one member shall
be a county commissioner appointed by the county commissioners
association of Ohio. No more than three of the appointed members of the
committee may be members of the same political party. The president of the senate, the speaker of the house of
representatives, the chief justice of the supreme court, the
Ohio prosecuting attorneys association, and the county commissioners
association of Ohio shall make the initial
appointments to the committee of the appointed members no later
than ninety days after July 1, 1996. Of
those initial appointments to the committee, the members
appointed by the speaker of the house of representatives and the
Ohio prosecuting attorneys
association shall serve a term ending two years after July 1, 1996, the member
appointed by
the chief justice of the supreme court shall serve
a term ending three years after July 1, 1996, and the members appointed by the
president of the
senate and the county commissioners association of
Ohio shall serve terms ending
four years after July 1, 1996. Thereafter, terms of office of the appointed
members shall be
for four years, with each term ending on the same day of the
same month as did the term that it succeeds. Members may be
reappointed. Vacancies shall be filled in the same
manner provided for original appointments. A member appointed
to fill a vacancy occurring prior to the expiration of the term
for which that member's predecessor was appointed shall hold
office as a member for the remainder of the predecessor's term. An appointed
member shall continue in office subsequent to the
expiration date of that member's term until that member's
successor takes office or until a period of sixty days has
elapsed, whichever occurs first. If the chief justice of the supreme court, the director of
the office of budget and management, or the state public
defender serves as a member of the committee, that person's term
of office as a member shall continue for as long as that person
holds office as chief justice, director of the office of budget
and management, or state public defender. If the chief justice
of the supreme court designates a representative of the court to
serve as a member, the director of budget and management
designates a representative of the office of budget and
management to serve as a member, or the state public
defender designates a representative of the office of the state
public defender to serve as a member, the person so designated
shall serve as a member of the commission for as long as the
official who made the designation holds office as chief justice,
director of the office of budget and management, or state public
defender or until that official revokes the designation. The chief justice of the supreme court or the
representative of the supreme court appointed by the chief
justice shall serve as chairperson of the committee. The committee
shall meet within two weeks after all appointed members have
been appointed and shall organize as necessary. Thereafter, the
committee shall meet at least once every six months or more
often upon the call of the chairperson or the written request of
three or more members, provided that the committee shall not meet unless
moneys have been appropriated to the judiciary budget administered by the
supreme court specifically for the purpose of providing financial assistance
to counties under division (I)(2) of this section and the moneys so
appropriated then are available for that purpose. The members of the committee shall serve without
compensation, but, if moneys have been appropriated to the judiciary
budget administered by the supreme court specifically for the purpose of
providing financial assistance to counties under division (I)(2) of
this section, each member shall be reimbursed out of the moneys so
appropriated that then are available for actual and
necessary expenses incurred in the performance of official
duties as a committee member. (2) The state criminal sentencing commission periodically shall provide to
the felony sentence appeal cost oversight committee all data the commission
collects pursuant to division
(A)(5) of section 181.25 of
the Revised Code. Upon receipt of the
data from the state criminal sentencing commission, the
felony sentence appeal cost oversight committee periodically
shall review the data; determine whether any money has been
appropriated to the judiciary budget administered by the supreme court
specifically for the purpose of providing state financial assistance to
counties in accordance with this division for the increase in expenses
the counties experience as a result of the felony sentence
appeal provisions set forth in this section or as a result of a postconviction
relief proceeding brought under division (A)(2) of section 2953.21
of the Revised Code or an appeal of a judgment in that proceeding; if it
determines that any money has been so appropriated, determine the total amount
of moneys that have been so appropriated specifically for
that purpose and that then are available for that
purpose; and develop a recommended method of distributing those
moneys to the counties. The committee shall send a copy of its
recommendation to the supreme court. Upon receipt of the
committee's recommendation, the supreme court shall distribute
to the counties, based upon that recommendation, the moneys that
have been so appropriated specifically for the purpose of providing
state financial assistance to counties under this
division and that then are available for that purpose. SECTION 2 . That existing sections 109.57, 2911.01, 2921.33, 2923.123, 2929.04,
2929.14,
2929.20,
and 2953.08 of the Revised Code are hereby repealed.
SECTION 3 . Section 109.57 of the Revised Code is
presented in this act as a composite of the section as amended by both Am.
Sub. S.B. 160 and Am. Sub. H.B. 124 of the 121st General Assembly, with the
new language of
neither of the acts shown in capital letters. Section 2929.14 of the Revised
Code is presented in this act as
a composite of the section as amended by Am. Sub. H.B. 88, Am. Sub. H.B. 445,
Sub. H.B. 154, Am. Sub. S.B. 166, Am. Sub. S.B. 269, and Am. Sub. H.B. 180 of
the 121st General Assembly, with the new language of none of the acts shown
in capital letters.
Section 2953.08 of the Revised Code is presented in this act as
a composite of the section as amended by both Am. Sub. S.B. 269 and Am. Sub.
H.B. 180 of the 121st General Assembly,
with the new language of neither of the acts shown in capital letters. This
is in recognition of the principle stated in division (B) of section 1.52 of
the Revised Code that such amendments are to be harmonized where not
substantively irreconcilable and constitutes a legislative finding that such
is the resulting version in effect prior to the effective date of this act.
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