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As Passed by the House
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. H. B. No. 32 |
REPRESENTATIVES REID-BATEMAN-BRADING-CORBIN-GARCIA-JERSE-LUCAS-
OPFER-WINKLER-SCHURING-OLMAN-VESPER-TAYLOR-TERWILLEGER-PATTON-
MOTTLEY-GRENDELL-CLANCY-PRINGLE-OGG-BOGGS-PADGETT-ROMAN-VERICH-
LEWIS-MOTTL-MASON-PERZ-HOUSEHOLDER-YOUNG-GERBERRY-WESTON-MYERS-
KREBS-METELSKY-MILLER-FORD-JONES-THOMAS-MEAD-CORE-HARRIS-
STAPLETON-O'BRIEN-SALERNO-TAVARES-WOMER BENJAMIN-JOHNSON
A BILL
To amend sections 2907.01, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2925.03, 2925.11, 2929.13, and 2929.14 of the
Revised Code to increase criminal penalties for sex offenders
who administer a controlled substance to the
victim by stealth,
force, threat of force, or deception; to increase criminal
penalties for trafficking in and possession of flunitrazepam
(Rohypnol); to modify the definition of sexual
conduct; to clarify that a
court must impose a mandatory prison term upon an offender who has been
convicted of or pleaded guilty to rape; and to prohibit the court from
reducing
the term of
imprisonment of a person who has been convicted of or pleaded
guilty to rape and who administered a controlled substance to the
victim by stealth, force, threat of force, or
deception.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2907.01, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2925.03, 2925.11, 2929.13, and 2929.14 of the Revised Code
be amended
to read as follows:
Sec. 2907.01. As used in sections 2907.01 to 2907.37 of
the Revised Code:
(A) "Sexual conduct" means vaginal intercourse between a
male and female; anal intercourse, fellatio, and
cunnilingus
between persons regardless of sex; and, WITHOUT PRIVILEGE TO DO
SO, the insertion, however slight, of any part of the body or any
instrument, apparatus, or other object
into the vaginal or anal cavity of another. Penetration, however slight, is
sufficient to complete vaginal or anal intercourse.
(B) "Sexual contact" means any touching of an erogenous
zone of another, including without limitation the thigh,
genitals, buttock, pubic region, or, if the person is a female, a
breast, for the purpose of sexually arousing or gratifying either
person.
(C) "Sexual activity" means sexual conduct or sexual
contact, or both.
(D) "Prostitute" means a male or female who promiscuously
engages in sexual activity for hire, regardless of whether the
hire is paid to the prostitute or to another.
(E) Any material or performance is "harmful to juveniles,"
if it is offensive to prevailing standards in the adult community
with respect to what is suitable for juveniles, and if any of the
following apply:
(1) It tends to appeal to the prurient interest of
juveniles;
(2) It contains a display, description, or representation
of sexual activity, masturbation, sexual excitement, or nudity;
(3) It contains a display, description, or representation
of bestiality or extreme or bizarre violence, cruelty, or
brutality;
(4) It contains a display, description, or representation
of human bodily functions of elimination;
(5) It makes repeated use of foul language;
(6) It contains a display, description, or representation
in lurid detail of the violent physical torture, dismemberment,
destruction, or death of a human being;
(7) It contains a display, description, or representation
of criminal activity that tends to glorify or glamorize the
activity, and that, with respect to juveniles, has a dominant
tendency to corrupt.
(F) When considered as a whole, and judged with reference
to ordinary adults or, if it is designed for sexual deviates or
other specially susceptible group, judged with reference to that
group, any material or performance is "obscene" if any of the
following apply:
(1) Its dominant appeal is to prurient interest;
(2) Its dominant tendency is to arouse lust by displaying
or depicting sexual activity, masturbation, sexual excitement, or
nudity in a way that tends to represent human beings as mere
objects of sexual appetite;
(3) Its dominant tendency is to arouse lust by displaying
or depicting bestiality or extreme or bizarre violence, cruelty,
or brutality;
(4) Its dominant tendency is to appeal to scatological
interest by displaying or depicting human bodily functions of
elimination in a way that inspires disgust or revulsion in
persons with ordinary sensibilities, without serving any genuine
scientific, educational, sociological, moral, or artistic
purpose;
(5) It contains a series of displays or descriptions of
sexual activity, masturbation, sexual excitement, nudity,
bestiality, extreme or bizarre violence, cruelty, or brutality,
or human bodily functions of elimination, the cumulative effect
of which is a dominant tendency to appeal to prurient or
scatological interest, when the appeal to such an interest is
primarily for its own sake or for commercial exploitation, rather
than primarily for a genuine scientific, educational,
sociological, moral, or artistic purpose.
(G) "Sexual excitement" means the condition of human male
or female genitals when in a state of sexual stimulation or
arousal.
(H) "Nudity" means the showing, representation, or
depiction of human male or female genitals, pubic area, or
buttocks with less than a full, opaque covering, or of a female
breast with less than a full, opaque covering of any portion
thereof below the top of the nipple, or of covered male genitals
in a discernibly turgid state.
(I) "Juvenile" means an unmarried person under the age of
eighteen.
(J) "Material" means any book, magazine, newspaper,
pamphlet, poster, print, picture, figure, image, description,
motion picture film, phonographic record, or tape, or other
tangible thing capable of arousing interest through sight, sound,
or touch.
(K) "Performance" means any motion picture, preview,
trailer, play, show, skit, dance, or other exhibition performed
before an audience.
(L) "Spouse" means a person married to an offender at the
time of an alleged offense, except that such person shall not be
considered the spouse when any of the following apply:
(1) When the parties have entered into a written
separation agreement authorized by section 3103.06 of the Revised
Code;
(2) During the pendency of an action between the parties
for annulment, divorce, dissolution of marriage, or legal
separation;
(3) In the case of an action for legal separation, after
the effective date of the judgment for legal separation.
(M) "Minor" means a person under the age of eighteen.
Sec. 2907.02. (A)(1) No person shall engage in sexual
conduct with another who is not the spouse of the offender or who
is the spouse of the offender but is living separate and apart
from the offender, when any of the following applies:
(a) For the purpose of preventing resistance, the offender
substantially impairs the other person's judgment or control by
administering any drug or intoxicant to the other person,
surreptitiously or by STEALTH, force, threat of force, or
deception.
(b) The other person is less than thirteen years of age,
whether or not the offender knows the age of the other person.
(c) The other person's ability to resist or consent is
substantially impaired because of a mental or physical condition
or because of advanced age, and the offender knows or has
reasonable cause to believe that the other person's ability to
resist or consent is substantially impaired because of a mental
or physical condition or because of advanced age.
(2) No person shall engage in sexual conduct with another
when the offender purposely compels the other person to submit by
force or threat of force.
(B)(1) Whoever violates this section is guilty of
rape, a felony of the first degree. If
(2) IF THE OFFENDER UNDER DIVISION
(A)(1)(a)OF THIS SECTION
SUBSTANTIALLY IMPAIRS THE OTHER PERSON'S JUDGMENT OR CONTROL BY ADMINISTERING
ANY CONTROLLED SUBSTANCE DESCRIBED IN SECTION 3719.41 OF THE
REVISED CODE
TO THE OTHER PERSON BY STEALTH, FORCE, THREAT OF FORCE, OR DECEPTION, THE
COURT
SHALL IMPOSE UPON THE OFFENDER AS A MANDATORY PRISON TERM ONE OF THE PRISON
TERMS PRESCRIBED FOR A FELONY OF THE FIRST DEGREE IN SECTION 2929.14
of the Revised Code THAT IS NOT LESS THAN FIVE YEARS.
(3) IF the offender under
division (A)(1)(b) of this section
purposely compels the victim
to submit by force or threat of force, whoever violates division (A)(1)(b)
of this section shall be imprisoned for life.
(C) A victim need not prove physical resistance to the
offender in prosecutions under this section.
(D) Evidence of specific instances of the victim's sexual
activity, opinion evidence of the victim's sexual activity, and
reputation evidence of the victim's sexual activity shall not be
admitted under this section unless it involves evidence of the
origin of semen, pregnancy, or disease, or the victim's past
sexual activity with the offender, and only to the extent that
the court finds that the evidence is material to a fact at issue
in the case and that its inflammatory or prejudicial nature does
not outweigh its probative value.
Evidence of specific instances of the defendant's sexual
activity, opinion evidence of the defendant's sexual activity,
and reputation evidence of the defendant's sexual activity shall
not be admitted under this section unless it involves evidence of
the origin of semen, pregnancy, or disease, the defendant's past
sexual activity with the victim, or is admissible against the
defendant under section 2945.59 of the Revised Code, and only to
the extent that the court finds that the evidence is material to
a fact at issue in the case and that its inflammatory or
prejudicial nature does not outweigh its probative value.
(E) Prior to taking testimony or receiving evidence of any
sexual activity of the victim or the defendant in a proceeding
under this section, the court shall resolve the admissibility of
the proposed evidence in a hearing in chambers, which shall be
held at or before preliminary hearing and not less than three
days before trial, or for good cause shown during the trial.
(F) Upon approval by the court, the victim may be
represented by counsel in any hearing in chambers or other
proceeding to resolve the admissibility of evidence. If the
victim is indigent or otherwise is unable to obtain the services of
counsel, the court, upon request, may appoint counsel to
represent the victim without cost to the victim.
(G) It is not a defense to a charge under division (A)(2)
of this section that the offender and the victim were married or
were cohabiting at the time of the commission of the offense.
Sec. 2907.03. (A) No person shall engage in sexual
conduct with another, not the spouse of the offender, when any of
the following apply:
(1) The offender knowingly coerces the other person to
submit by any means that would prevent resistance by a person of
ordinary resolution.
(2) The offender knows that the other person's ability to
appraise the nature of or control the other person's
own conduct is substantially impaired.
(3) The offender knows that the other person submits
because the other person is unaware that the act is
being committed.
(4) The offender knows that the other person submits
because the other person mistakenly identifies the offender as the other
person's spouse.
(5) The offender is the other person's natural or adoptive
parent, or a stepparent, or guardian, custodian, or person in
loco parentis of the other person.
(6) The other person is in custody of law or a patient in
a hospital or other institution, and the offender has supervisory
or disciplinary authority over the other person.
(7) The offender is a teacher, administrator, coach, or other person in
authority employed by or serving in a school for which the state board of
education prescribes minimum standards pursuant to division (D) of section
3301.07 of the Revised Code, the other person is
enrolled in or attends that school, and the offender is not enrolled in and
does not attend that school.
(8) The other person is a minor, the offender is a teacher,
administrator, coach, or other person in authority employed by or serving in
an institution of higher education, and the other
person is enrolled in or attends that institution.
(9) The other person is a minor, and the offender is the other person's
athletic or other type of coach, is the other person's instructor, is the
leader of a scouting troop of which the other person is a member, or is a
person with temporary or occasional disciplinary control over the other
person.
(B) Whoever violates this section is guilty of sexual
battery. A violation of division (A)(1), (5), (6),
(7), (8), or (9) of this section is a felony of the third degree. A
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A
violation of division (A)(2), (3), or (4) of this section is a felony
of the fourth degree. A VIOLATION OF DIVISION
(A)(2) IS A FELONY OF THE THIRD DEGREE IF THE
OTHER PERSON'S ABILITY TO APPRAISE THE NATURE OF OR CONTROL THE OTHER PERSON'S
OWN CONDUCT IS SUBSTANTIALLY IMPAIRED BY ANY CONTROLLED
SUBSTANCE DESCRIBED IN SECTION 3719.41 OF THE
REVISED CODE
THAT IS ADMINISTERED BY THE OFFENDER TO THE OTHER PERSON BY STEALTH, FORCE,
THREAT OF FORCE, OR DECEPTION.
(C) As used in this section, "institution of higher education" means a state
institution of higher education defined in section
3345.011 of the Revised
Code, a private nonprofit college or university located in this state that
possesses a certificate of authorization issued by the Ohio board of regents
pursuant to Chapter 1713. of the Revised Code, or a school certified under
Chapter 3332. of the Revised Code.
Sec. 2907.04. (A) No person who is eighteen years of age or
older shall engage in sexual conduct with another, who is not the spouse of
the offender, when the offender knows the other person is thirteen years of
age or older but less than sixteen years of age, or the offender is reckless
in that regard.
(B)(1) Whoever violates this section is guilty of corruption of a
minor,
a felony of the
fourth degree. IF THE OFFENDER ADMINISTERS ANY
CONTROLLED SUBSTANCE DESCRIBED IN SECTION 3719.41 OF THE
REVISED CODE
TO THE OTHER PERSON BY STEALTH, FORCE, THREAT OF FORCE, OR DECEPTION IN ORDER
TO FACILITATE OR COMMIT THE SEXUAL CONDUCT DESCRIBED IN DIVISION
(A) OF THIS SECTION, CORRUPTION OF A MINOR IS
A FELONY OF THE THIRD DEGREE.
(2) If the offender is less than four years older than the other
person, corruption of a minor is a misdemeanor of the first degree. IF THE
OFFENDER IS LESS THAN FOUR
YEARS OLDER THAN THE OTHER PERSON AND ADMINISTERS ANY CONTROLLED SUBSTANCE
DESCRIBED IN SECTION 3719.41 OF THE REVISED
CODE TO THE OTHER PERSON BY STEALTH, FORCE,
THREAT OF FORCE, OR DECEPTION TO FACILITATE OR COMMIT THE SEXUAL CONDUCT
DESCRIBED IN DIVISION (A) OF THIS SECTION,
CORRUPTION OF A MINOR IS A FELONY OF THE FIFTH DEGREE.
Sec. 2907.05. (A) No person shall have sexual contact
with another, not the spouse of the offender; cause another, not
the spouse of the offender, to have sexual contact with the
offender; or cause two or more other persons to have sexual
contact when any of the following applies:
(1) The offender purposely compels the other person, or
one of the other persons, to submit by force or threat of force.
(2) For the purpose of preventing resistance, the offender
substantially impairs the judgment or control of the other person
or of one of the other persons by administering any drug or
intoxicant to the other person, surreptitiously or by
STEALTH, force, threat of force, or deception.
(3) The offender knows that the judgment or control of the
other person or of one of the other persons is substantially
impaired as a result of the influence of any drug or intoxicant
administered to the other person with his THE OTHER PERSON'S
consent for the purpose
of any kind of medical or dental examination, treatment, or
surgery.
(4) The other person, or one of the other persons, is less
than thirteen years of age, whether or not the offender knows the
age of that person.
(5) The ability of the other person to resist or consent
or the ability of one of the other persons to resist or consent
is substantially impaired because of a mental or physical
condition or because of advanced age, and the offender knows or
has reasonable cause to believe that the ability to resist or
consent of the other person or of one of the other persons is
substantially impaired because of a mental or physical condition
or because of advanced age.
(B) Whoever violates this section is guilty of gross
sexual imposition. Violation EXCEPT AS OTHERWISE PROVIDED IN THIS
SECTION, A VIOLATION of division (A)(1),
(2), (3), or
(5) of this section is a felony of the fourth degree. Violation
IF THE OFFENDER UNDER
DIVISION
(A)(2) OF THIS SECTION SUBSTANTIALLY IMPAIRS
THE JUDGMENT OR CONTROL OF THE OTHER PERSON OR ONE OF THE OTHER PERSONS BY
ADMINISTERING ANY CONTROLLED SUBSTANCE DESCRIBED IN SECTION 3719.41 OF THE
REVISED CODE
TO THE PERSON BY STEALTH, FORCE, THREAT OF FORCE, OR DECEPTION, A VIOLATION OF
DIVISION (A)(2) OF THIS SECTION IS A FELONY OF
THE THIRD DEGREE.
A
VIOLATION of division (A)(4) of this section is a felony of the third
degree.
(C) A victim need not prove physical resistance to the
offender in prosecutions under this section.
(D) Evidence of specific instances of the victim's sexual
activity, opinion evidence of the victim's sexual activity, and
reputation evidence of the victim's sexual activity shall not be
admitted under this section unless it involves evidence of the
origin of semen, pregnancy, or disease, or the victim's past
sexual activity with the offender, and only to the extent that
the court finds that the evidence is material to a fact at issue
in the case and that its inflammatory or prejudicial nature does
not outweigh its probative value.
Evidence of specific instances of the defendant's sexual
activity, opinion evidence of the defendant's sexual activity,
and reputation evidence of the defendant's sexual activity shall
not be admitted under this section unless it involves evidence of
the origin of semen, pregnancy, or disease, the defendant's past
sexual activity with the victim, or is admissible against the
defendant under section 2945.59 of the Revised Code, and only to
the extent that the court finds that the evidence is material to
a fact at issue in the case and that its inflammatory or
prejudicial nature does not outweigh its probative value.
(E) Prior to taking testimony or receiving evidence of any
sexual activity of the victim or the defendant in a proceeding
under this section, the court shall resolve the admissibility of
the proposed evidence in a hearing in chambers, which shall be
held at or before preliminary hearing and not less than three
days before trial, or for good cause shown during the trial.
(F) Upon approval by the court, the victim may be
represented by counsel in any hearing in chambers or other
proceeding to resolve the admissibility of evidence. If the
victim is indigent or otherwise is unable to obtain the services
of counsel, the court, upon request, may appoint counsel to
represent the victim without cost to the victim.
Sec. 2907.06. (A) No person shall have sexual contact
with another, not the spouse of the offender; cause another, not
the spouse of the offender, to have sexual contact with the
offender; or cause two or more other persons to have sexual
contact when any of the following applies:
(1) The offender knows that the sexual contact is
offensive to the other person, or one of the other persons, or is
reckless in that regard.
(2) The offender knows that the other person's, or one of
the other person's, ability to appraise the nature of or control
the offender's or touching person's conduct is substantially
impaired.
(3) The offender knows that the other person, or one of
the other persons, submits because of being unaware of the sexual
contact.
(4) The other person, or one of the other persons, is
thirteen years of age or older but less than sixteen years of
age, whether or not the offender knows the age of such person,
and the offender is at least eighteen years of age and four or
more years older than such other person.
(B) No person shall be convicted of a violation of this
section solely upon the victim's testimony unsupported by other
evidence.
(C) Whoever violates this section is guilty of sexual
imposition, a misdemeanor of
the third degree. If the offender previously
has been convicted of a violation of this section or of section 2907.02,
2907.03, 2907.04, OR 2907.05, of the Revised Code or SECTION
2907.12 of the Revised Code AS IT EXISTED PRIOR TO SEPTEMBER
3, 1996, a violation of this section is a misdemeanor of the first
degree. A VIOLATION OF DIVISION
(A)(2) OF THIS SECTION IS A MISDEMEANOR OF THE SECOND DEGREE
IF THE OTHER PERSON'S OR ONE OF THE OTHER PERSON'S ABILITY TO APPRAISE THE
NATURE OF OR CONTROL THE OTHER PERSON'S OR ONE OF THE OTHER PERSON'S OWN
CONDUCT IS SUBSTANTIALLY IMPAIRED UNDER DIVISION
(A)(2) OF THIS SECTION BY ANY CONTROLLED
SUBSTANCE DESCRIBED IN SECTION 3719.41 OF THE
REVISED CODE
THAT IS ADMINISTERED BY THE OFFENDER TO THE OTHER PERSON BY STEALTH, FORCE,
THREAT OF FORCE, OR DECEPTION.
Sec. 2925.03. (A) No person shall knowingly sell or offer to sell a
controlled substance.
(B) This section does not apply to any of the following:
(1) Manufacturers, practitioners, pharmacists, owners of
pharmacies, and other persons whose conduct is in accordance with
Chapters 3719., 4715., 4729., 4731.,
and
4741. or section 4723.56 of the Revised Code.;
(2) If the offense involves an anabolic steroid, any
person who is conducting or participating in a research project
involving the use of an anabolic steroid if the project has been
approved by the United States food and drug administration;
(3) Any person who sells, offers for sale, prescribes,
dispenses, or administers for livestock or other nonhuman species
an anabolic steroid that is expressly intended for administration
through implants to livestock or other nonhuman species and
approved for that purpose under the "Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,
and is sold, offered for sale, prescribed, dispensed, or
administered for that purpose in accordance with that act.
(C) Whoever violates division (A) of this section is guilty of one of the
following:
(1) If the drug involved in the violation is any
compound, mixture, preparation, or substance included in schedule
I or schedule II, with the exception of
marihuana, cocaine, L.S.D., heroin, and hashish,
whoever
violates division (A) of this section is guilty of
aggravated trafficking in drugs. The penalty for the offense
shall be determined as follows:
(a) Except as otherwise provided in division
(C)(1)(b), (c), (d), (e),
or (f) of this section, aggravated trafficking in drugs is
a felony of the fourth degree,
and division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(1)(c), (d), (e), or (f) of
this section, if the offense was committed in the vicinity of a school or in
the vicinity of a juvenile, aggravated trafficking in drugs is a felony of the
third degree, and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
the bulk amount but does not exceed five times the bulk amount, aggravated
trafficking in drugs
is a felony of the third degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the third degree. If the amount of the drug involved
is within that range and if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile, aggravated
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
five times the bulk amount but does not exceed fifty times the bulk amount,
aggravated trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree. If the
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, aggravated trafficking in drugs is a
felony of the first degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the first degree.
(e) If the amount of the drug involved exceeds
fifty times the bulk amount but does not exceed one hundred times
the bulk amount and regardless of whether the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, aggravated trafficking in drugs is a felony of the
first degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the first
degree.
(f) If the amount of the drug involved exceeds
one hundred times the bulk amount and regardless of whether the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, aggravated trafficking in drugs is a
felony of the first degree, and the court shall impose as a
mandatory prison term the maximum prison term prescribed for a
felony of the first degree and may impose an additional prison
term prescribed for a major drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(2) If the drug involved in the violation is any
compound, mixture, preparation, or substance included in schedule
III, IV, or V, WITH THE EXCEPTION OF FLUNITRAZEPAM, whoever
violates division (A) of this section is guilty of trafficking in
drugs. The penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division
(C)(2)(b), (c), (d), or (e) of
this section, trafficking in drugs is a felony of the fifth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(2)(c), (d), or (e) of this section,
if the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in drugs is
a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
the bulk amount but does not exceed five times the bulk amount, trafficking in
drugs is a
felony of the fourth degree, and there is a presumption for a
prison term for the offense. If the amount of the drug involved
is within that range and if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile,
trafficking in drugs is a felony of the third degree, and there
is a presumption for a prison term for the offense.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
five times the bulk amount but does not exceed fifty times the
bulk amount, trafficking in drugs is a felony of the third degree, and there
is a presumption
for a prison term for the offense. If the amount of the drug
involved is within that range and if the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in drugs is a felony of the second degree, and there
is a presumption for a prison term for the offense.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
fifty times the bulk amount, trafficking in drugs is a felony of the second
degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree. If the
amount of the drug involved exceeds fifty times the bulk amount
and if the offense was committed in the vicinity of a school or
in the vicinity of a juvenile, trafficking in drugs is a felony
of the first degree, and the court shall impose as a mandatory
prison term one of the prison terms prescribed for a felony of
the first degree.
(3) If the drug involved in the violation is marihuana or a compound,
mixture, preparation, or substance containing marihuana other than
hashish,
whoever violates division (A) of this section is guilty
of trafficking in marihuana. The penalty for the offense shall
be determined as follows:
(a) Except as otherwise provided in division
(C)(3)(b), (c), (d), (e),
(f), or (g) of this section, trafficking in marihuana is
a felony of the
fifth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(3)(c), (d), (e), (f), or
(g) of
this section, if the offense was committed in the vicinity of
a school or in the vicinity of a juvenile, trafficking in
marihuana is a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
two hundred grams but does not exceed one thousand grams, trafficking in
marihuana is a felony
of the fourth degree, and division (C) of section 2929.13 of the Revised Code
applies in determining whether
to impose a prison term on the offender. If the amount of the drug
involved is within that range and if the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in marihuana is a felony of the third degree, and
division (C) of section 2929.13 of the Revised Code applies in determining whether
to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
one thousand grams but does not exceed five thousand grams, trafficking in
marihuana is a felony
of the third degree, and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. If the amount
of the drug involved
is within that range and if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile,
trafficking in marihuana is a felony of the second degree, and
there is a presumption that a prison term shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
five thousand grams but does not exceed twenty thousand grams, trafficking in
marihuana is a
felony of the third degree, and there is a presumption that a
prison term shall be imposed for the offense. If the amount of
the drug involved is within that range and if the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, trafficking in marihuana is a felony of the second
degree, and there is a presumption that a prison term shall be
imposed for the offense.
(f) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
twenty thousand grams, trafficking in marihuana is a felony of the second
degree, and
the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the second degree. If the
amount of the drug involved exceeds twenty thousand grams and if
the offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in marihuana is a felony of
the first degree, and the court shall impose as a mandatory
prison term the maximum prison term prescribed for a felony of
the first degree.
(g) Except as otherwise provided in this division, if
the offense involves a gift of twenty grams or less of
marihuana, trafficking in marihuana is a minor misdemeanor upon
a first offense and a misdemeanor of the third degree upon a
subsequent offense. If the offense involves a gift of twenty
grams or less of marihuana and if the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in marihuana is a misdemeanor of the third degree.
(4) If the drug involved in the violation is cocaine or a compound,
mixture, preparation, or substance containing cocaine, whoever violates
division (A) of this section is guilty
of trafficking in cocaine. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(4)(b), (c), (d), (e),
(f), or (g) of this section, trafficking in cocaine is a
felony of the fifth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(4)(c), (d), (e), (f), or
(g) of this section, if the offense was committed in the
vicinity of a
school or in the vicinity of a juvenile, trafficking in cocaine
is a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds five grams but does not exceed ten grams of
cocaine
that is not crack cocaine or exceeds one gram
but does not exceed five
grams of crack cocaine, trafficking in cocaine is a felony of the
fourth degree, and there is a presumption for a prison term for the
offense. If the amount of the drug involved is within one of those ranges and
if the offense was committed in the vicinity of a school or
in the vicinity of a juvenile, trafficking in cocaine is a felony
of the third degree, and there is a presumption for a prison term
for the offense.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds ten grams but does not exceed one hundred grams
of cocaine that is not crack cocaine or
exceeds five grams but does not
exceed ten grams of crack cocaine, trafficking in cocaine is a felony of
the third degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the third
degree. If the amount of the drug involved is within one of those ranges and
if the
offense was committed in the vicinity of a school or
in the vicinity of a juvenile,
trafficking in cocaine is a
felony
of the second degree, and the court shall impose as a mandatory
prison term one of the prison terms prescribed for a felony of
the second degree.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds one hundred grams but does not exceed five
hundred grams of cocaine that is not crack
cocaine or exceeds ten grams
but does not exceed twenty-five grams of crack cocaine,
trafficking in cocaine is a felony of
the second degree, and the court shall impose as a mandatory
prison term one of the prison terms prescribed for a felony of
the second degree. If the amount of the drug involved is within
one of those ranges and
if the offense was committed in the vicinity of a
school or in the vicinity of a juvenile,
trafficking in
cocaine
is a felony of the first degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the first degree.
(f) If the amount of the drug involved exceeds
five hundred grams but does not exceed one thousand grams
of cocaine that is not crack cocaine or
exceeds twenty-five grams but does
not exceed one hundred grams of crack cocaine and regardless of whether the
offense was committed in the vicinity of a school or in the vicinity of a
juvenile,
trafficking in
cocaine is a felony of the first degree, and the court shall
impose as a mandatory prison term one of the prison terms
prescribed for a felony of the first degree.
(g) If the amount of the drug involved exceeds
one thousand grams of cocaine that is not crack
cocaine or exceeds one
hundred grams of crack cocaine
and regardless of whether the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in cocaine
is a felony of the first degree,
and the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the first degree and may
impose an additional mandatory prison term prescribed for a major
drug offender under division (D)(3)(b)
of section 2929.14 of the Revised Code.
(5) If the drug involved in the violation is
L.S.D. or a compound, mixture, preparation, or substance containing
L.S.D., whoever violates division
(A) of this section is guilty of trafficking in
L.S.D. The penalty for the offense
shall be determined as follows:
(a) Except as otherwise provided in division
(C)(5)(b), (c), (d), (e), (f), or (g) of this
section, trafficking in
L.S.D. is a felony of the fifth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(5)(c), (d), (e), (f), or
(g) of this section, if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile,
trafficking in L.S.D. is a felony of the fourth
degree, and division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
ten unit doses but does not exceed fifty unit doses
of L.S.D. in a solid form or exceeds one gram
but does not
exceed five grams of L.S.D. in a liquid
concentrate, liquid
extract, or liquid distillate form,
trafficking in
L.S.D. is a felony of the fourth degree,
and there is a presumption for a prison term for the offense. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in
L.S.D. is a felony of the third degree,
and there is a presumption for a prison term for the offense.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
fifty unit doses but does not exceed two hundred fifty unit doses
of L.S.D. in a solid form or exceeds five grams
but does
not exceed twenty-five grams of L.S.D. in a liquid
concentrate,
liquid extract, or liquid distillate form,
trafficking
in
L.S.D. is a felony of the third degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the third degree. If the
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in
L.S.D. is a felony of the second degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the second degree.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
two hundred fifty unit doses but does not exceed one thousand
unit doses
of L.S.D. in a solid form or exceeds twenty-five
grams but
does not exceed one hundred grams of L.S.D. in a
liquid
concentrate, liquid extract, or liquid distillate form,
trafficking in
L.S.D. is a felony of the second degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the second degree. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in
L.S.D. is a felony of the first degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the first degree.
(f) If the amount of the drug involved exceeds
one thousand unit doses but does not exceed five thousand unit
doses
of L.S.D. in a solid form or exceeds one hundred
grams but
does not exceed five hundred grams of L.S.D. in a
liquid
concentrate, liquid extract, or liquid distillate form
and regardless of whether the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in
L.S.D. is a felony of the
first degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the first
degree.
(g) If the amount of the drug involved exceeds
five thousand unit doses
of L.S.D. in a solid form or exceeds five
hundred grams of
L.S.D. in a liquid concentrate, liquid extract, or
liquid
distillate form
and regardless of whether the offense was committed
in the vicinity of a school or in the vicinity of a juvenile, trafficking in
L.S.D. is
a
felony of the first degree, and the court shall impose as a
mandatory prison term the maximum prison term prescribed for a
felony of the first degree and may impose an additional mandatory
prison term prescribed for a major drug offender under
division (D)(3)(b) of section 2929.14 of
the Revised Code.
(6) If the drug involved in the violation is heroin or a compound,
mixture, preparation, or substance containing heroin,
whoever violates division (A) of this section is guilty
of trafficking in heroin. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in
division (C)(6)(b), (c), (d),
(e), (f), or (g) of this section,
trafficking in heroin is a felony of the fifth degree, and division
(C) of section 2929.13 of the Revised Code applies in determining whether to
impose
a prison term on the offender.
(b) Except as otherwise provided in
division (C)(6)(c), (d), (e),
(f), or (g) of this section, if the offense was committed
in the vicinity
of a school
or in the vicinity of a juvenile, trafficking in heroin is a
felony of the fourth degree, and division (C) of section 2929.13 of the
Revised Code
applies in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
one gram but does not exceed five grams, trafficking in heroin is a felony of
the fourth degree,
and there is a presumption for a prison term for the offense. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in heroin is a felony of the
third degree, and there is a presumption for a prison term for
the offense.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds five
grams but does not exceed ten grams, trafficking in heroin is a felony of the
third degree,
and there is a presumption for a prison term for the offense.
If the amount of the drug involved is within that range and if
the offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in heroin is a felony of the
second degree, and there is a presumption for a prison term for
the offense.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
ten grams but does not exceed fifty grams, trafficking in heroin is a felony
of the second degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the second degree. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in heroin is a felony of the
first degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the first
degree.
(f) If the amount of the drug involved exceeds
fifty grams but does not exceed two hundred fifty grams and regardless of
whether the offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in
heroin is a felony of the first degree, and the court shall
impose as a mandatory prison term one of the prison terms
prescribed for a felony of the first degree.
(g) If the amount of the drug involved exceeds
two hundred fifty grams and regardless of whether the offense was committed in
the vicinity of a school or in the vicinity of a juvenile, trafficking in
heroin is a felony of the first
degree,
and the court shall impose as a mandatory prison term the
maximum prison term prescribed for a felony of the first degree
and may impose an additional mandatory prison term prescribed for
a major drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(7) If the drug involved in the violation is hashish or a compound,
mixture, preparation, or substance containing hashish,
whoever violates division (A) of this section is guilty
of trafficking in hashish. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(7)(b), (c), (d), (e), or
(f) of this section,
trafficking in hashish is a felony of the fifth degree, and division
(C) of section 2929.13 of the Revised Code applies in determining whether to
impose
a prison term on the offender.
(b) Except as otherwise provided in division
(C)(7)(c), (d), (e), or (f)
of this section, if the offense was committed in the vicinity
of a
school or in the vicinity of a juvenile, trafficking in hashish
is a felony of the fourth degree, and division (C) of section 2929.13
of the Revised Code applies in determining whether to impose a prison term on
the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds ten grams but does not exceed fifty grams of
hashish in a solid form or exceeds two grams but does not exceed ten grams of
hashish in a liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the fourth
degree, and division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If the amount of
the drug involved is within that range
and if the offense was committed in the vicinity of a school or
in the vicinity of a juvenile, trafficking in hashish is a felony
of the third degree, and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds fifty grams but does not exceed two hundred fifty
grams of hashish in a solid form or exceeds ten grams but does not exceed
fifty grams of hashish in a liquid concentrate, liquid extract, or liquid
distillate form, trafficking in hashish is a
felony of the
third degree, and division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If the amount of
the drug involved is within that range
and if the offense was committed in the vicinity of a school or
in the vicinity of a juvenile, trafficking in hashish is a felony
of the second degree, and
there is a presumption that a prison term shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds two hundred fifty grams but does not exceed one
thousand grams of hashish in a solid form or exceeds fifty grams but does not
exceed two hundred grams of hashish in a liquid concentrate, liquid extract,
or
liquid distillate form, trafficking in hashish is a felony of
the third degree, and there is a presumption that a prison term shall be
imposed for the offense. If the amount of the drug involved is within
that range and if the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in hashish
is a felony of the second degree, and there is a presumption that a prison
term shall be imposed for the offense.
(f) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
one thousand grams of hashish in a solid form or exceeds two hundred grams of
hashish in a liquid concentrate, liquid extract, or liquid distillate form,
trafficking in
hashish is a felony of the second degree, and the court shall
impose as a mandatory prison term the maximum prison term
prescribed for a felony of the second degree. If the amount of the drug
involved exceeds
one thousand grams of hashish in a solid form or exceeds two hundred grams of
hashish in a liquid concentrate, liquid extract, or liquid distillate form
and if the offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in hashish is a felony of
the first degree,
and the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the first degree.
(8) IF THE DRUG INVOLVED IN THE
VIOLATION IS FLUNITRAZEPAM, WHOEVER VIOLATES DIVISION
(A) OF THIS SECTION IS GUILTY
OF TRAFFICKING IN FLUNITRAZEPAM. THE PENALTY FOR THE OFFENSE
SHALL BE DETERMINED AS FOLLOWS:
(a) EXCEPT AS OTHERWISE PROVIDED IN
DIVISION (C)(8)(b), (c), (d),
(e), OR (f) OF THIS SECTION,
TRAFFICKING IN FLUNITRAZEPAM IS A FELONY OF THE FOURTH
DEGREE, AND DIVISION (C)
OF SECTION 2929.13 OF THE
REVISED
CODE APPLIES IN DETERMINING
WHETHER TO IMPOSE A PRISON TERM ON THE OFFENDER.
(b) EXCEPT AS OTHERWISE PROVIDED IN DIVISION
(C)(8)(c), (d), (e), OR
(f) OF THIS SECTION, IF THE OFFENSE WAS COMMITTED
IN THE VICINITY OF A SCHOOL OR IN THE VICINITY OF A JUVENILE,
TRAFFICKING IN FLUNITRAZEPAM IS A FELONY OF THE THIRD DEGREE,
AND DIVISION (C) OF SECTION
2929.13 OF THE REVISED
CODE APPLIES IN DETERMINING
WHETHER TO IMPOSE A PRISON TERM ON THE OFFENDER.
(c) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION,
IF THE AMOUNT OF THE FLUNITRAZEPAM INVOLVED EXCEEDS THE BULK AMOUNT BUT
DOES NOT EXCEED FIVE TIMES THE BULK AMOUNT, TRAFFICKING
IN FLUNITRAZEPAM IS A FELONY OF THE THIRD DEGREE,
AND THE COURT SHALL IMPOSE AS A MANDATORY PRISON TERM ONE OF THE
PRISON TERMS PRESCRIBED FOR A FELONY OF THE THIRD DEGREE. IF
THE AMOUNT OF THE FLUNITRAZEPAM INVOLVED IS WITHIN THAT RANGE AND IF THE
OFFENSE WAS COMMITTED IN THE VICINITY OF A SCHOOL OR IN THE
VICINITY OF A JUVENILE, TRAFFICKING IN FLUNITRAZEPAM IS A FELONY
OF THE SECOND DEGREE, AND THE COURT SHALL IMPOSE AS A
MANDATORY PRISON TERM ONE OF THE PRISON TERMS PRESCRIBED
FOR A FELONY OF THE SECOND DEGREE.
(d) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION,
IF THE AMOUNT OF THE FLUNITRAZEPAM INVOLVED EXCEEDS FIVE TIMES THE BULK
AMOUNT BUT DOES NOT EXCEED FIFTY TIMES THE BULK AMOUNT,
TRAFFICKING IN FLUNITRAZEPAM IS A FELONY OF THE SECOND DEGREE, AND THE COURT
SHALL IMPOSE AS A MANDATORY PRISON TERM ONE OF THE PRISON TERMS PRESCRIBED FOR
A FELONY OF THE SECOND DEGREE. IF THE AMOUNT OF THE FLUNITRAZEPAM INVOLVED IS
WITHIN THAT RANGE AND IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A
SCHOOL OR IN THE VICINITY OF A JUVENILE, TRAFFICKING IN
FLUNITRAZEPAM IS A FELONY OF THE FIRST DEGREE, AND THE COURT
SHALL IMPOSE AS A MANDATORY PRISON TERM ONE OF THE PRISON TERMS
PRESCRIBED FOR A FELONY OF THE FIRST DEGREE.
(e) IF THE AMOUNT OF THE FLUNITRAZEPAM INVOLVED EXCEEDS
FIFTY TIMES THE BULK AMOUNT BUT DOES NOT EXCEED ONE HUNDRED
TIMES THE BULK AMOUNT AND REGARDLESS OF WHETHER THE OFFENSE WAS
COMMITTED IN THE VICINITY OF A SCHOOL OR IN THE VICINITY OF A
JUVENILE, TRAFFICKING IN FLUNITRAZEPAM IS A FELONY OF THE FIRST
DEGREE, AND THE COURT SHALL IMPOSE AS A MANDATORY
PRISON TERM ONE OF THE PRISON TERMS PRESCRIBED FOR A
FELONY OF THE FIRST DEGREE.
(f) IF THE AMOUNT OF THE FLUNITRAZEPAM INVOLVED EXCEEDS ONE
HUNDRED TIMES THE BULK AMOUNT AND REGARDLESS OF WHETHER THE
OFFENSE WAS COMMITTED IN THE VICINITY OF A SCHOOL OR IN THE
VICINITY OF A JUVENILE, TRAFFICKING IN FLUNITRAZEPAM IS A FELONY
OF THE FIRST DEGREE, AND THE COURT SHALL IMPOSE AS A
MANDATORY PRISON TERM THE MAXIMUM PRISON TERM
PRESCRIBED FOR A FELONY OF THE FIRST DEGREE AND MAY IMPOSE AN
ADDITIONAL PRISON TERM PRESCRIBED FOR A MAJOR DRUG OFFENDER
UNDER DIVISION (D)(3)(b) OF SECTION
2929.14 OF THE REVISED
CODE.
(D) In addition to any prison term authorized
or required by division (C) of this section and sections
2929.13 and 2929.14 of the Revised Code, and in
addition to any other sanction imposed for the offense under this
section or sections 2929.11 to 2929.18 of the Revised
Code, the court that sentences an offender who is
convicted of or pleads guilty to a violation of division
(A) of this section shall do all of the following that
are applicable regarding the offender:
(1) If the violation of division (A) of this
section is a felony of the first, second, or third degree, the
court shall impose upon the offender the mandatory fine specified
for the offense under division (B)(1) of section 2929.18
of the Revised Code unless, as specified in that
division, the court determines that the offender is indigent. Except as
otherwise provided in division (H)(1) of this section, a
mandatory fine or any other fine imposed for a violation of this
section is subject to division (F) of this
section. If a person is charged with a violation of this section
that is a felony of the first, second, or third degree, posts
bail, and forfeits the bail, the clerk of the court shall pay the
forfeited bail
pursuant to divisions (D)(1) and
(F) of this section, as if the forfeited bail was a fine
imposed for a violation of this section. If any amount of the forfeited bail
remains after that payment and if a fine is imposed under division (H)(1) of
this section, the clerk of the court shall pay the remaining amount of the
forfeited bail pursuant to divisions (H)(2) and (3) of this section, as if
that remaining amount was a fine imposed under division (H)(1) of this
section.
(2) The court shall revoke or suspend the driver's or
commercial driver's license or permit of the offender in
accordance with division (G) of this section.
(3) If the offender is a professionally licensed person
or a person who has been admitted to the bar by order of the
supreme court in compliance with its prescribed and published
rules, the court forthwith shall comply with section 2925.38 of
the Revised Code.
(E) When a person is charged with the
sale of or offer to sell a bulk amount
or a multiple of a bulk amount of a controlled substance, the jury, or the
court trying the
accused, shall determine the amount of the controlled substance
involved at the time of the offense and, if a guilty verdict is
returned, shall return the findings as part of the verdict. In
any such case, it is unnecessary to find and return the exact
amount of the controlled substance involved, and it is sufficient if the
finding and return is to the effect that the amount of the
controlled substance involved is the requisite
amount, or that the amount of the controlled
substance involved is less than the requisite
amount.
(F)(1) Notwithstanding any contrary provision
of section
3719.21 of the Revised Code and except as provided in division (H) of this
section, the clerk of the court shall pay any
mandatory
fine imposed pursuant
to division (D)(1) of this section and any fine other than a
mandatory fine that is imposed for
a violation of this section pursuant to division (A) or (B)(5) of section
2929.18 of the Revised Code to the
county, township, municipal corporation, park district, as
created pursuant to section 511.18 or 1545.04 of the Revised
Code, or state law enforcement agencies in this state that
primarily were responsible for or involved in making the arrest
of, and in prosecuting, the offender. However, the clerk shall not
pay a mandatory fine
so imposed to a law enforcement agency unless the
agency has adopted a written internal control policy under
division (F)(2) of this section that addresses the use of
the
fine moneys that it receives. Each agency shall use
the mandatory fines so paid to subsidize the agency's law enforcement
efforts that
pertain to drug offenses, in accordance with the written internal
control policy adopted by the recipient agency under division
(F)(2) of this section.
(2)(a) Prior to receiving any fine moneys under division
(F)(1) of this section or division (B)(5) of
section
2925.42 of
the Revised Code, a law enforcement agency shall adopt a written
internal control policy that addresses the agency's use and
disposition of all fine moneys so received and that provides for
the keeping of detailed financial records of the receipts of
those fine moneys, the general types of expenditures made out of
those fine moneys, and the specific amount of each general type
of expenditure. The policy shall not provide for or permit the
identification of any specific expenditure that is made in an
ongoing investigation. All financial records of the receipts of
those fine moneys, the general types of expenditures made out of
those fine moneys, and the specific amount of each general type
of expenditure by an agency are public records open for
inspection under section 149.43 of the Revised Code.
Additionally, a written internal control policy adopted under
this division is such a public record, and the agency that
adopted it shall comply with it.
(b) Each law enforcement agency that receives in any
calendar year any fine moneys under division (F)(1) of this
section or division (B)(5) of section 2925.42 of the Revised Code
shall prepare a report covering the calendar year that cumulates
all of the information contained in all of the public financial
records kept by the agency pursuant to division (F)(2)(a)
of this
section for that calendar year, and shall send a copy of the
cumulative report, no later than the first day of March in the
calendar year following the calendar year covered by the report,
to the attorney general. Each report received by the attorney
general is a public record open for inspection under section
149.43 of the Revised Code. The attorney general shall make
copies of each report received, and, no later than the fifteenth
day of April in the calendar year in which the report is
received, shall send a copy of it to the president of the senate
and the speaker of the house of representatives.
(3) As used in division
(F) of this section:
(a) "Law enforcement agencies" includes, but is not
limited to, the state board of pharmacy and the office of a
prosecutor.
(b) "Prosecutor" has the same meaning as in section
2935.01 of the Revised Code.
(G) When required under division
(D)(2) of
this section, the court either shall revoke or, if it
does not revoke, shall suspend for not less than six
months or more than five years, the driver's or
commercial
driver's license or permit of any person who is convicted of or
pleads
guilty to a violation of this section that is a felony of the
first degree and shall suspend for not less than six months
or
more than five years the driver's or commercial driver's license
or permit
of any person who is convicted of or pleads guilty to any other
violation of this section. If an offender's driver's or
commercial driver's license or permit is revoked pursuant to this
division,
the offender, at any time after the expiration of two years from
the day on which the offender's sentence was imposed or from the
day on
which the offender finally was released from a
prison
term under the
sentence, whichever is later, may file a motion with the
sentencing court requesting termination of the revocation; upon
the filing of such a motion and the court's finding of good cause
for the termination, the court may terminate the revocation.
(H)(1) In addition to any prison term
authorized or required by division (C) of this section and
sections 2929.13 and 2929.14 of the
Revised Code, in addition to any other
penalty or sanction imposed for the offense under this section
or sections 2929.11 to 2929.181 of the
Revised Code, and in addition to the
forfeiture of property in connection with the offense as
prescribed in sections 2925.42 to 2925.45 of the
Revised Code, the court that sentences
an offender who is convicted of or pleads guilty to a violation
of division (A) of this section may impose upon the offender an
additional fine specified for the offense in
division (B)(4) of section
2929.18 of the Revised Code. A fine imposed under
division (H)(1) of this section
is not subject to division (F) of this section and shall
be used solely for the support of one or more eligible alcohol
and drug addiction programs in accordance with divisions
(H)(2) and (3) of this section.
(2) The court that imposes a fine under division
(H)(1) of this section shall
specify in the judgment that imposes the fine one or more
eligible alcohol and drug addiction programs for the support of
which the fine money is to be used. No alcohol and drug
addiction program shall receive or use money paid or collected
in satisfaction of a fine imposed under division
(H)(1) of this section unless
the program is specified in the judgment that imposes the fine.
No alcohol and drug addiction program shall be specified in the
judgment unless the program is an eligible alcohol and drug
addiction program and, except as otherwise provided in division
(H)(2) of this section, unless
the program is located in the county in which the court that
imposes the fine is located or in a county that is immediately
contiguous to the county in which that court is located. If no
eligible alcohol and drug addiction program is located in any
of those counties, the judgment may specify an eligible alcohol
and drug addiction program that is located anywhere within this
state.
(3) Notwithstanding any contrary provision of section
3719.21 of the Revised Code, the clerk of the court
shall pay any fine imposed under division
(H)(1) of this section to the eligible alcohol and drug addiction
program specified pursuant to division (H)(2) of this section in the
judgment. The eligible alcohol and drug addiction program that receives the
fine moneys shall use the moneys only for the
alcohol and drug addiction services identified in the
application for certification under section 3793.06 of the
Revised Code or in the application for a
license under section 3793.11 of the Revised Code filed with
the department of alcohol and drug addiction services by the alcohol and drug
addiction program specified in the judgment.
(4) Each alcohol and drug addiction program that receives
in a calendar year any fine moneys under division
(H)(3) of this section shall
file an annual report covering that calendar year with the court
of common pleas and the board of county commissioners of the
county in which the program is located, with the court of common pleas and the
board of county commissioners of each county from which the program received
the moneys if that county is different from the county in which the program is
located, and with the attorney general. The alcohol and drug addiction
program shall file the report no later than the first day of March in
the calendar year
following the calendar year in which the program received the
fine moneys. The report shall include statistics on the number
of persons served by the alcohol and drug addiction program,
identify the types of alcohol and drug addiction services
provided to those persons, and include a specific accounting of
the purposes for which the fine moneys received were used. No
information contained in the report shall identify, or enable a
person to determine the identity of, any person served by the
alcohol and drug addiction program. Each report received by a
court of common pleas, a board of county commissioners, or the
attorney general is a public record open for inspection under
section 149.43 of the Revised Code.
(5) As used in divisions (H)(1) to (5) of this section:
(a) "Alcohol and drug addiction
program" and "alcohol and drug addiction services" have the same
meanings as in section 3793.01 of the Revised Code.
(b) "Eligible alcohol and drug
addiction program" means an alcohol and drug addiction program
that is certified under section 3793.06 of the
Revised Code or licensed under section
3793.11 of the Revised Code by the department of
alcohol and drug addiction services.
Sec. 2925.11. (A) No person shall knowingly obtain,
possess, or use a controlled substance.
(B) This section does not apply to any of the following:
(1) Manufacturers, practitioners, pharmacists, owners of
pharmacies, and other persons whose conduct was in accordance
with Chapters 3719., 4715., 4729., 4731.,
and 4741. or section 4723.56 of the Revised Code;
(2) If the offense involves an anabolic steroid, any
person who is conducting or participating in a research project
involving the use of an anabolic steroid if the project has been
approved by the United States food and drug administration;
(3) Any person who sells, offers for sale, prescribes,
dispenses, or administers for livestock or other nonhuman species
an anabolic steroid that is expressly intended for administration
through implants to livestock or other nonhuman species and
approved for that purpose under the "Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,
and is sold, offered for sale, prescribed, dispensed, or
administered for that purpose in accordance with that act;
(4) Any person who obtained the controlled substance
pursuant to a prescription issued by a practitioner, where the
drug is in the original container in which it was dispensed to
such person.
(C) Whoever violates division (A) of this section is guilty of
one of the following:
(1) If the drug involved in the violation is a compound, mixture,
preparation, or substance included in schedule I or II, with the
exception of marihuana,
cocaine, L.S.D.,
heroin, and hashish, whoever violates division (A) of
this section is guilty of aggravated possession of drugs. The
penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division
(C)(1)(b), (c), (d), or (e) of
this section, aggravated possession of drugs is a
felony of the fifth degree, and division (B) of section 2929.13 of the Revised
Code applies in determining whether to impose a prison term on the offender.
(b) If the amount of the drug involved exceeds
the bulk amount but does not exceed five times the bulk amount,
aggravated possession of drugs is a felony of the third degree,
and there is a presumption for a prison term for the offense.
(c) If the amount of the drug involved exceeds
five times the bulk amount but does not exceed fifty times the
bulk amount, aggravated possession of drugs is a felony of the
second degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the
second degree.
(d) If the amount of the drug involved exceeds fifty times the bulk amount
but does not exceed one hundred times the bulk amount, aggravated possession
of drugs is a felony of the first degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a felony of the
first degree.
(e) If the amount of the drug involved exceeds one hundred times the bulk
amount, aggravated possession of drugs is a felony of the first degree, and
the court shall impose as a mandatory prison term the maximum prison term
prescribed for a felony of the first degree and may impose an additional
mandatory prison term prescribed for a major drug offender under division
(D)(3)(b) of section 2929.14 of the Revised Code.
(2) If the drug involved in the violation is a compound,
mixture,
preparation, or substance included in schedule III, IV, or V,
WITH THE EXCEPTION OF FLUNITRAZEPAM, whoever violates division
(A) of this section is
guilty of possession of
drugs. The penalty for the offense shall be determined as
follows:
(a) Except as otherwise provided in division
(C)(2)(b), (c), or (d) of this section,
possession of drugs is a misdemeanor of
the third degree or, if the offender previously has been
convicted of a drug abuse offense, a misdemeanor of the second
degree. If the drug involved in the violation is an anabolic
steroid included in schedule III and if the offense is a
misdemeanor of the third degree under this division, in lieu of
sentencing the offender to a term of imprisonment in a detention
facility, the court may place the offender on conditional
probation pursuant to
division (F) of section 2951.02 of the Revised
Code.
(b) If the amount of the drug involved exceeds
the bulk amount but does not exceed five times the bulk amount,
possession of drugs is a felony of the fourth degree, and division
(C) of section 2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender.
(c) If the amount of the drug involved exceeds
five times the bulk amount but does not exceed fifty times the
bulk amount, possession of drugs is a felony of the third degree,
and there is a presumption for a prison term for the offense.
(d) If the amount of the drug involved exceeds
fifty times the bulk amount, possession of drugs is a felony of
the second degree, and the court shall impose upon the offender
as a mandatory prison term one of the prison terms prescribed for
a felony of the second degree.
(3) If the drug involved in the violation is marihuana or a compound,
mixture, preparation, or substance containing marihuana other than
hashish, whoever violates
division (A) of this
section is guilty of possession of marihuana. The penalty for
the offense shall be determined as follows:
(a) Except as otherwise provided in division
(C)(3)(b), (c), (d), (e), or
(f) of this section, possession of marihuana is a minor
misdemeanor.
(b) If the amount of the drug involved equals
or exceeds one hundred grams but does not exceed two hundred
grams, possession of marihuana is a misdemeanor of the fourth
degree.
(c) If the amount of the drug involved exceeds
two hundred grams but does not exceed one thousand grams,
possession of marihuana is a felony of the fifth degree, and
division (B) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(d) If the amount of the drug involved exceeds
one thousand grams but does not exceed five thousand grams,
possession of marihuana is a felony of the third degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(e) If the amount of the drug involved exceeds
five thousand grams but does not exceed twenty thousand grams,
possession of marihuana is a felony of the third degree, and
there is a presumption that a prison term shall be imposed for
the offense.
(f) If the amount of the drug involved exceeds
twenty thousand grams, possession of marihuana is a felony of the
second degree, and the court shall impose as a mandatory prison
term the maximum prison term prescribed for a felony of the
second degree.
(4) If the drug involved in
the violation is cocaine or a compound, mixture, preparation, or substance
containing cocaine, whoever violates division (A)
of this section is guilty of possession of cocaine. The penalty
for the offense shall be determined as follows:
(a) Except as otherwise provided in division
(C)(4)(b), (c), (d), (e), or
(f) of this section, possession of cocaine is a felony of the
fifth degree, and division (B) of section 2929.13 of the Revised Code
applies in determining whether to impose a prison term on the offender.
(b) If the amount of the drug involved exceeds
five grams but does not exceed twenty-five grams of cocaine that is not crack
cocaine or exceeds one gram but does not
exceed five grams of crack cocaine, possession of
cocaine is a felony of the fourth degree, and there is a
presumption for a prison term for the offense.
(c) If the amount of the drug involved exceeds
twenty-five grams but does not exceed one hundred grams
of cocaine that is not crack cocaine or
exceeds five grams but does not
exceed ten grams of crack cocaine, possession of
cocaine is a felony of the third degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the third degree.
(d) If the amount of the drug involved exceeds
one hundred grams but does not exceed five hundred grams
of cocaine that is not crack cocaine or
exceeds ten grams but does not
exceed twenty-five grams of crack cocaine, possession of
cocaine is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree.
(e) If the amount of the drug involved exceeds
five hundred grams but does not exceed one thousand grams
of cocaine that is not crack cocaine or
exceeds twenty-five grams but
does not exceed one hundred grams of crack cocaine, possession of
cocaine is a felony of the first degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the first degree.
(f) If the amount of the drug involved exceeds
one thousand grams of cocaine that is not crack
cocaine or exceeds one
hundred grams of crack cocaine, possession of cocaine is a felony of
the first degree, and the court shall impose as a mandatory prison
term the maximum prison term prescribed for a felony of the first
degree and may impose an additional mandatory prison term
prescribed for a major drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(5) If the drug involved in the violation is
L.S.D., whoever violates division
(A) of this section is guilty of possession of
L.S.D. The penalty for the offense shall
be determined as follows:
(a) Except as otherwise provided in division
(C)(5)(b), (c), (d), (e), or (f) of this section, possession of L.S.D. is a
felony of the fifth degree, and division (B) of section 2929.13 of the Revised
Code applies in determining whether to impose a prison term on the offender.
(b) If the amount of L.S.D. involved exceeds ten unit doses
but does not exceed fifty unit doses
of L.S.D. in a solid form or exceeds one gram
but does not exceed five grams of L.S.D.
in a liquid concentrate, liquid extract, or liquid distillate
form, possession of
L.S.D. is a felony of the fourth degree,
and division (C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(c) If the amount of
L.S.D. involved exceeds fifty unit doses,
but does not exceed two hundred fifty unit doses
of L.S.D. in a solid form or exceeds five grams
but does not exceed twenty-five grams of L.S.D.
in a liquid concentrate, liquid extract, or liquid distillate
form, possession of L.S.D. is a felony of the third degree, and there is a
presumption for a prison term for the offense.
(d) If the amount of
L.S.D. involved exceeds two hundred fifty
unit doses but does not exceed one thousand unit doses
of L.S.D. in a solid form or exceeds twenty-five
grams but does not exceed one hundred grams of L.S.D. in a liquid concentrate,
liquid extract, or liquid distillate form,
possession of L.S.D. is a felony of the
second degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the
second degree.
(e) If the amount of
L.S.D. involved exceeds one thousand unit
doses but does not exceed five thousand unit doses
of L.S.D. in a solid form or exceeds one hundred
grams but does not exceed five hundred grams of L.S.D.
in a liquid concentrate, liquid extract, or liquid distillate
form, possession of L.S.D. is a felony of the first degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the first degree.
(f) If the amount of
L.S.D. involved exceeds five thousand
unit doses
of L.S.D. in a solid form or exceeds five
hundred grams of L.S.D.
in a liquid concentrate, liquid extract, or liquid distillate
form, possession of L.S.D. is a
felony of the first degree, and the court shall impose as a
mandatory prison term the maximum prison term prescribed for a
felony of the first degree and may impose an additional mandatory
prison term prescribed for a major drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(6) If the drug involved in the violation is heroin or a compound,
mixture, preparation, or substance containing heroin,
whoever violates division (A) of this section is guilty
of possession of heroin. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(6)(b), (c), (d), (e), or
(f) of this section, possession of heroin is a felony of the fifth
degree, and division (B) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(b) If the amount of the drug involved exceeds
one gram but does not exceed five grams, possession of heroin is
a felony of the fourth degree, and division (C) of section 2929.13
of the Revised Code applies in determining whether to impose a prison term on
the offender.
(c) If the amount of the drug involved exceeds
five grams but does not exceed ten grams, possession of heroin is
a felony of the third degree, and there is a presumption for a
prison term for the offense.
(d) If the amount of the drug involved exceeds
ten grams but does not exceed fifty grams, possession of heroin
is a felony of the second degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the second degree.
(e) If the amount of the drug involved exceeds
fifty grams but does not exceed two hundred fifty grams,
possession of heroin is a felony of the first degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the first degree.
(f) If the amount of the drug involved exceeds
two hundred fifty grams, possession of heroin is a felony of the
first degree, and the court shall impose as a mandatory prison
term the maximum prison term prescribed for a felony of the first
degree and may impose an additional mandatory prison term
prescribed for a major drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(7) If the drug involved in the violation is hashish or a compound,
mixture, preparation, or substance containing hashish,
whoever violates division (A) of this section is guilty
of possession of hashish. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(7)(b), (c), (d), (e), or
(f) of this section, possession of hashish is a minor misdemeanor.
(b) If the amount of the drug involved equals or exceeds
five grams but does not exceed ten grams of hashish in a solid form or equals
or exceeds one gram but does not exceed two grams of hashish in a liquid
concentrate, liquid extract, or liquid distillate form, possession of
hashish is a misdemeanor of the fourth degree.
(c) If the amount of the drug involved exceeds
ten grams but does not exceed fifty grams of hashish in a solid form or
exceeds two grams but does not exceed ten grams of hashish in a liquid
concentrate, liquid extract, or liquid distillate form,
possession of hashish is a felony of the fifth degree, and division
(B) of section 2929.13 of the Revised Code applies in determining whether to
impose
a prison term on the offender.
(d) If the amount of the drug involved exceeds
fifty grams but does not exceed two hundred fifty grams of hashish in a solid
form or exceeds ten grams but does not exceed fifty grams of hashish in a
liquid concentrate, liquid extract, or liquid distillate form,
possession of hashish is a felony of the third degree, and division
(C) of section 2929.13 of the Revised Code applies in determining whether to impose
a prison term on the offender.
(e) If the amount of the drug involved exceeds
two hundred fifty grams but does not exceed one thousand grams of hashish in a
solid form or exceeds fifty grams but does not exceed two hundred grams of
hashish in a liquid concentrate, liquid extract, or liquid distillate form,
possession of hashish is a felony of the third degree, and there is a
presumption that a prison term shall be imposed for the offense.
(f) If the amount of the drug involved exceeds
one thousand grams of hashish in a solid form or exceeds two hundred grams of
hashish in a liquid concentrate, liquid extract, or liquid distillate form,
possession of hashish is a felony of the
second degree, and the court shall impose as a mandatory prison
term the maximum prison term prescribed for a felony of the second
degree.
(8) IF THE DRUG INVOLVED IN THE VIOLATION IS
FLUNITRAZEPAM, WHOEVER VIOLATES DIVISION
(A) OF THIS SECTION IS GUILTY
OF POSSESSION OF FLUNITRAZEPAM. THE PENALTY FOR THE OFFENSE
SHALL BE DETERMINED AS FOLLOWS:
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION
(C)(8)(b), (c), (d), OR
(e) OF THIS SECTION, POSSESSION OF FLUNITRAZEPAM IS
A FELONY OF THE FIFTH DEGREE, AND DIVISION
(B) OF SECTION 2929.13 OF THE
REVISED
CODE APPLIES IN
DETERMINING WHETHER TO IMPOSE A PRISON TERM ON THE
OFFENDER.
(b) IF THE AMOUNT OF THE FLUNITRAZEPAM INVOLVED EXCEEDS THE
BULK AMOUNT BUT DOES NOT EXCEED FIVE TIMES THE BULK AMOUNT,
POSSESSION OF FLUNITRAZEPAM IS A FELONY OF THE THIRD DEGREE, AND
THERE IS A PRESUMPTION FOR A PRISON TERM FOR THE OFFENSE.
(c) IF THE AMOUNT OF THE FLUNITRAZEPAM INVOLVED EXCEEDS FIVE
TIMES THE BULK AMOUNT BUT DOES NOT EXCEED FIFTY TIMES THE BULK
AMOUNT, POSSESSION OF FLUNITRAZEPAM IS A FELONY OF THE SECOND
DEGREE, AND THE COURT SHALL IMPOSE AS A MANDATORY PRISON TERM
ONE OF THE PRISON TERMS PRESCRIBED FOR A FELONY OF THE SECOND
DEGREE.
(d) IF THE AMOUNT OF THE FLUNITRAZEPAM INVOLVED EXCEEDS FIFTY
TIMES THE BULK AMOUNT BUT DOES NOT EXCEED ONE HUNDRED TIMES THE
BULK AMOUNT, POSSESSION OF FLUNITRAZEPAM IS A FELONY OF THE
FIRST DEGREE, AND THE COURT SHALL IMPOSE AS A MANDATORY PRISON
TERM ONE OF THE PRISON TERMS PRESCRIBED FOR A FELONY OF THE
FIRST DEGREE.
(e) IF THE AMOUNT OF THE FLUNITRAZEPAM INVOLVED EXCEEDS ONE
HUNDRED TIMES THE BULK AMOUNT, POSSESSION OF FLUNITRAZEPAM IS A
FELONY OF THE FIRST DEGREE, AND THE COURT SHALL IMPOSE AS A
MANDATORY PRISON TERM THE MAXIMUM PRISON TERM PRESCRIBED FOR A
FELONY OF THE FIRST DEGREE AND MAY IMPOSE AN ADDITIONAL PRISON
TERM PRESCRIBED FOR A MAJOR DRUG OFFENDER UNDER
DIVISION(D)(3)(b) OF SECTION
2929.14 OF THE REVISED
CODE.
(D) Arrest or conviction for a minor misdemeanor violation
of this section does not constitute a criminal record and need
not be reported by the person so arrested or convicted in
response to any inquiries about the person's criminal record,
including any inquiries contained in any application for
employment, license, or other right or privilege, or made in
connection with the person's appearance as a witness.
(E) In addition to any prison term authorized or
required by division (C) of this section and sections
2929.13 and 2929.14 of the Revised Code and in
addition to any other sanction that is imposed for the offense
under this section or sections 2929.11 to 2929.18 of
the
Revised Code, the court that sentences an
offender who is convicted of or pleads guilty to a violation of
division (A) of this section shall do all of the
following that are applicable regarding the offender:
(1)(a) If the violation is a felony of the
first, second, or third degree, the court shall impose upon the
offender the mandatory fine specified for the offense under
division (B)(1) of section 2929.18 of the Revised
Code unless, as specified in that division, the court
determines that the offender is indigent.
(b) Notwithstanding any contrary provision of section
3719.21 of the Revised Code, the clerk of the
court shall pay a mandatory fine or other fine
imposed for a violation of this section pursuant to division (A) of section
2929.18 of the Revised Code in accordance with and subject to the requirements
of division (F) of section 2925.03 of the Revised Code. The agency that
receives the fine shall use the fine as specified in division (F) of section
2925.03 of the Revised Code.
(c) If a person is charged with a violation of this section that is a felony
of the first, second, or third degree, posts bail, and forfeits the bail, the
clerk shall pay the forfeited bail pursuant to division
(E)(1)(b) of this section as if it were a mandatory fine
imposed under division (E)(1)(a) of this section.
(2) The court shall suspend for not less than six months or more than five
years the driver's or commercial driver's license or permit of any person who
is convicted of or has pleaded guilty to a violation of this section.
(3) If the offender is a professionally licensed person or a person who
has
been admitted to the bar by order of the supreme court in compliance with its
prescribed and published rules, in addition to any other sanction imposed for
a violation of this section, the court forthwith shall comply with section
2925.38 of the Revised Code.
(F) It is an affirmative defense, as provided in section
2901.05 of the Revised Code, to a charge of a fourth degree felony
violation under this section that the controlled substance that gave
rise
to the charge is in an
amount, is in a form, is prepared, compounded, or mixed with substances that
are
not controlled substances in a manner, or is possessed
under any
other circumstances, that indicate that the substance was possessed solely for
personal use.
Notwithstanding any contrary provision of this section, if, in accordance
with section 2901.05 of the Revised Code, an accused who is charged with a
fourth degree
felony violation of division (C)(2), (4), (5), or (6) of this section
sustains the burden of going forward with evidence of and establishes by a
preponderance of the evidence the affirmative defense described in this
division, the accused may be prosecuted for and may plead guilty to or be
convicted of a misdemeanor violation of division (C)(2) of this
section or a fifth degree
felony violation of division (C)(4), (5), or (6) of this section
respectively.
(G) When a person is charged with possessing a bulk amount
or
multiple of a bulk amount, division (E) of section 2925.03 of the Revised Code
applies regarding the determination of the amount of the controlled substance
involved at the time of the offense.
Sec. 2929.13. (A) Except as provided in
division (E), (F), or (G) of this section and unless a
specific sanction is required to be imposed or is precluded from
being imposed pursuant to law, a court that imposes a sentence
upon an offender for a felony may impose any sanction or
combination of sanctions on the offender that are provided in
sections 2929.14 to 2929.18 of the Revised
Code. The sentence shall not impose an unnecessary
burden on state or local government resources.
If the offender is eligible to be sentenced to community control sanctions,
the court shall consider the
appropriateness of imposing a financial sanction pursuant to
section 2929.18 of the Revised Code or
a sanction of community service
pursuant to section 2929.17 of the Revised Code
as the sole sanction for the offense. Except as otherwise provided in this
division, if the court is required
to impose a mandatory prison term for the offense for which
sentence is being imposed, the court also may impose a financial
sanction pursuant to section 2929.18 of the Revised
Code but may not impose any additional sanction or
combination of sanctions under section 2929.16 or 2929.17 of the
Revised Code.
If the offender is being sentenced for a fourth degree felony
OMVI offense, in addition to the mandatory term of local
incarceration or the mandatory prison term required for
the offense by
division (G)(1) or (2) of this section, the
court shall impose upon the offender a mandatory fine in accordance with
division (B)(3) of section 2929.18 of the
Revised Code
and may impose whichever of the following is applicable:
(1) If division (G)(1) of this section requires that the offender
be sentenced to a mandatory term of local incarceration, an additional
community control sanction
or combination of community control sanctions under section 2929.16 or 2929.17
of the Revised
Code;
(2) If division (G)(2) of this section requires that the offender
be sentenced to a mandatory prison term, an additional prison term as
described in division (D)(4) of section 2929.14 of the Revised Code.
(B)(1) Except as provided in division (B)(2),
(E), (F), or (G) of this section, in sentencing an offender for a
felony of the fourth or fifth degree, the sentencing court shall determine
whether any
of the following apply:
(a) In committing the offense, the offender caused
physical harm to a person.
(b) In committing the offense, the offender attempted
to cause or made an actual threat of physical harm to a person
with a deadly weapon.
(c) In committing the offense, the offender attempted
to cause or made an actual threat of physical harm to a person,
and the offender previously was convicted of an offense that
caused physical harm to a person.
(d) The offender held a public office or position of
trust and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense
or to bring those committing it to justice; or the offender's
professional reputation or position facilitated the offense or
was likely to influence the future conduct of others.
(e) The offender committed the offense for hire or as part
of an organized criminal activity.
(f) The offense is a sex offense that is a fourth or
fifth degree felony violation of section 2907.03, 2907.04,
2907.05, 2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or
2907.34 of the Revised Code.
(g) The offender previously served a prison term.
(h) The offender previously was subject to a community control
sanction, and the offender committed
another offense while under the sanction.
(2)(a) If the court makes a finding
described in division (B)(1)(a), (b), (c), (d), (e), (f), (g),
or, (h) of this section and if the court, after
considering the factors set forth in section 2929.12 of the
Revised Code, finds that a prison term
is consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised
Code and finds that the offender is not amenable to an available
community control sanction, the court shall impose a
prison term upon the offender.
(b) Except as provided in division (E), (F), or (G) of this section, if the
court does not make a
finding described in division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h)
of this section and if the court, after
considering the factors set forth in section 2929.12 of the
Revised
Code, finds that a community
control sanction or combination of community control sanctions
is consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the
Revised
Code, the court shall impose a
community control sanction or combination of community control
sanctions upon the offender.
(C) Except as provided in division (E)
or (F) of this section, in determining whether to impose a prison
term as a sanction for a felony of the
third degree or 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 this division for purposes of sentencing, the
sentencing court shall comply with the purposes and principles
of sentencing under section 2929.11 of the
Revised
Code and with section 2929.12
of the Revised Code.
(D) Except as provided in division (E)
or (F) of this section, for a felony of the first or
second degree and for a felony drug offense that is a violation
of any provision of Chapter 2925., 3719., or 4729. of the
Revised Code for which a presumption in favor of
a prison term is specified as being applicable, it is presumed
that a prison term is necessary in order to comply
with the purposes and principles of sentencing under section 2929.11 of the
Revised Code. Notwithstanding the presumption established
under this division, the sentencing court may
impose a community control sanction or a combination of community control
sanctions instead of a prison term on an offender for a felony of the first or
second degree or for a felony drug offense that is a violation of any
provision of Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being applicable if
it makes both of
the following findings:
(1) A community control sanction or a combination of community control
sanctions would
adequately punish the offender and protect the public from future
crime, because the applicable factors
under section 2929.12
of the Revised Code indicating a lesser
likelihood of recidivism
outweigh the applicable factors under that section
indicating a
greater likelihood of recidivism.
(2) A community control sanction or a combination of community control
sanctions would not
demean the seriousness of the offense, because one or more
factors under section 2929.12 of the Revised
Code that indicate that the offender's conduct was less serious than
conduct normally constituting the offense are applicable, and they outweigh
the applicable factors under that section that indicate that the
offender's conduct was more
serious than conduct normally constituting the offense.
(E)(1) Except as provided in division
(F) of this section, for any drug offense that is a
violation of any provision of Chapter 2925.
of the Revised Code and that is a felony of the
third, fourth, or fifth degree, the applicability of a
presumption under division (D) of this section in favor of a prison
term or of division (B) or (C) of this section in
determining
whether to impose a prison term for the offense shall be
determined as specified in section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or
2925.37 of the Revised Code,
whichever is applicable regarding the violation.
(2) If an offender who was convicted of or pleaded guilty to a felony drug
offense in violation of a provision of Chapter 2925.,
3719., or 4729. of the Revised Code violates the conditions of a community
control sanction imposed for the offense solely by possession or using a
controlled substance and if the offender has not failed to meet the conditions
of any drug treatment program in which the offender was ordered to
participate as a sanction for the offense, the court, as punishment for the
violation of the sanction, shall order that the offender participate in a drug
treatment program or in alcoholics anonymous, narcotics anonymous, or a
similar program if the court determines that an order of that nature is
consistent with the purposes and principles of sentencing set forth in section
2929.11 of the Revised Code. If the court determines that an order of that
nature would not be consistent with those purposes and principles or if the
offender violated the conditions of a drug treatment program in which the
offender participated as a sanction for the offense, the court may impose on
the offender a sanction authorized for the violation of the sanction,
including a prison term.
(F) Notwithstanding divisions (A) to
(E) of this section, the court shall impose a prison
term or terms under sections 2929.02 to 2929.06, section 2929.14, or section
2971.03 of the Revised Code and except as specifically provided in
section 2929.20 of the Revised Code or when parole is
authorized for the offense under section 2967.13 of the Revised
Code, shall not reduce the terms pursuant to section 2929.20, section
2967.193, or any other provision of
Chapter 2967. or Chapter 5120. of
the Revised Code for any of the following
offenses:
51) Aggravated murder when death is not imposed or murder;
(2) Rape or ANY RAPE, an attempt to commit rape by force when
the victim is under
thirteen years of age, OR WHEN REQUIRED UNDER DIVISION
(B)(2) OF
SECTION 2907.02 of the Revised Code;
(3) Gross sexual imposition or sexual battery, if the victim is under
thirteen
years of age, if the offender previously was convicted of or pleaded guilty to
rape, THE FORMER OFFENSE OF felonious sexual penetration, gross sexual
imposition, or sexual
battery,
and if the victim of the previous offense was under thirteen years of age;
(4) A felony violation of section 2903.06, 2903.07,
or 2903.08 of the Revised Code if the section requires the
imposition of a prison term;
(5) A first, second, or third degree felony drug
offense for which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or
4729.99 of the Revised Code, whichever is
applicable regarding the violation, requires the imposition of a
mandatory prison term;
(6) Any offense that is a first or second degree felony
and that is not set forth in division (F)(1), (2), (3), or (4)
of this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or
second degree felony, or an offense under an existing or former law
of this state, another state, or the United States that is
or was substantially equivalent to one of those offenses;
(7) Any offense, other than a violation of section 2923.12 of the Revised
Code, that is a felony, if the offender had a
firearm on or about the offender's person or under the offender's control
while committing the felony, with respect to a portion of the
sentence imposed pursuant to division (D)(1)(a) of
section 2929.14 of the Revised Code for having the firearm;
(8) Corrupt activity in violation of section 2923.32 of
the Revised Code when the most serious offense in
the pattern of corrupt activity that is the basis of the offense
is a felony of the first degree;
(9) Any sexually violent offense for which the offender 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 the sexually violent offense.
(G) Notwithstanding divisions (A) to (E) of
this section, if an offender is being sentenced for a fourth degree felony
OMVI offense, the court shall impose upon the offender a mandatory
term of local incarceration or a mandatory prison term in accordance with the
following:
(1) Except as provided in division (G)(2) of this section, the
court shall impose upon the offender a mandatory term of local incarceration
of sixty days as specified in division (A)(4) of section 4511.99 of
the Revised Code and shall not reduce the term pursuant to
section 2929.20, 2967.193, or any other provision of the Revised
Code. The court that imposes a mandatory term of local incarceration
under
this division shall specify whether the term is to be served in a
jail, a community-based correctional
facility, a halfway house, or an alternative residential facility, and the
offender shall serve the term in the type of facility specified
by the court. The court shall not sentence the offender to a prison term and
shall not specify that the offender is to serve the mandatory term of local
incarceration in prison. A mandatory term of local incarceration imposed
under division (G)(1) of this section is not subject to extension
under section 2967.11 of the Revised Code, to a period of post-release control
under section 2967.28 of the Revised Code, or to any other Revised Code
provision that pertains to a prison term.
(2) If the offender previously has been sentenced to a mandatory term
of local incarceration pursuant to division (G)(1) of this section for a
fourth degree felony OMVI offense, the court shall impose upon the
offender a mandatory prison term of sixty days as specified in division (A)(4)
of section 4511.99 of the Revised Code and shall not reduce the term pursuant
to section 2929.20, 2967.193, or any other provision of the Revised Code. In
no case shall an offender who once has been sentenced to a mandatory term
of local incarceration pursuant to division (G)(1) of this section for a
fourth degree felony OMVI offense be sentenced to another mandatory
term of local incarceration under that division for a fourth degree felony
OMVI offense. The court shall not sentence the offender to a
community control sanction under section 2929.16 or 2929.17 of the Revised
Code. The department of rehabilitation and correction may place an offender
sentenced to a mandatory prison term under this division in an intensive
program prison established pursuant to section 5120.033 of the Revised
Code if the department gave the sentencing judge prior notice of its intent to
place the offender in an intensive program prison established under that
section and if the judge did not notify the department that the judge
disapproved the placement.
(G)(H) If an offender is being sentenced
for a sexually oriented offense committed on or after the effective date of
this amendment, the judge shall require the offender to submit to a
DNA specimen collection procedure pursuant to section 2901.07 of the
Revised Code
if either of the following applies:
(1) The offense was a sexually violent offense, and the offender also was
convicted of or pleaded guilty to a sexually violent predator specification
that was included in the indictment,
count in the indictment, or information charging the sexually violent offense.
(2) The judge imposing sentence for the sexually oriented offense
determines pursuant to division (B) of section 2950.09 of the Revised
Code that the offender is a sexual predator.
(H)(I) If an offender is being sentenced
for a sexually oriented offense committed on or after the effective date of
this amendment, the judge shall include in the sentence a summary of the
offender's duty to register pursuant to section 2950.04 of the Revised Code,
the offender's duty to provide notice of a change in residence address and
register the new residence address pursuant to section 2950.05 of the Revised
Code, the offender's duty to periodically verify the offender's current
residence address pursuant to section 2950.06 of the Revised Code, and the
duration of the duties. The judge shall inform the offender, at the
time of sentencing, of those duties and of their duration and, if required
under division (A)(2) of section 2950.03 of
the Revised Code, shall perform the duties specified in that
section.
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, SECTION 2907.02
of the Revised Code, 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 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) When consecutive prison terms are imposed pursuant
to division (E)(1), (2), or (3) 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.
Section 2. That existing sections 2907.01, 2907.02, 2907.03,
2907.04, 2907.05, 2907.06, 2925.03, 2925.11, 2929.13, and 2929.14
of the Revised Code are hereby repealed.
Section 3. Section 2925.03 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. S.B. 166 of the 121st General
Assembly, with the new language of neither of the acts shown in
capital letters. Section 2929.13 of the Revised Code is
presented in this act as a composite of the section as amended
by Am. Sub. H.B. 445, Am. Sub. S.B. 269, Am. Sub. S.B. 166, 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 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.
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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