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As Reported by the House Criminal Justice Committee
122nd General Assembly
Regular Session
1997-1998 | H. B. No. 378 |
REPRESENTATIVES KASPUTIS-COLONNA-REID-TAYLOR-SCHURING-ROMAN-
BATEMAN-O'BRIEN-MOTTLEY-PRINGLE-GARCIA
A BILL
To amend sections 2743.51 and 2929.01 of the Revised Code to include
terrorism as criminally injurious conduct for purposes of the
Crime Victims
Reparations Awards Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2743.51 and 2929.01 of the Revised Code be amended to
read as follows:
Sec. 2743.51. As used in sections 2743.51 to 2743.72 of
the Revised Code:
(A) "Claimant" means both of the following categories of
persons:
(1) Any of the following persons who claim an award of
reparations under sections 2743.51 to 2743.72 of the Revised
Code:
(a) A victim who was one of the following at the time of
the criminally injurious conduct:
(i) A resident of the United States;
(ii) A resident of a foreign country the laws of which
permit residents of this state to recover compensation as victims
of offenses committed in that country.
(b) A dependent of a deceased victim who is described in
division (A)(1)(a) of this section;
(c) A third person, other than a collateral source, who
legally assumes or voluntarily pays the obligations of a victim,
or of a dependent of a victim, who is described in division
(A)(1)(a) of this section, which obligations are incurred as a
result of the criminally injurious conduct that is the subject of
the claim and may include, but are not limited to, medical or
burial expenses;
(d) A person who is authorized to act on behalf of any
person who is described in division (A)(1)(a), (b), or (c) of
this section.
(2) Any of the following persons who claim an award of
reparations under sections 2743.51 to 2743.72 of the Revised
Code:
(a) A victim who had a permanent place of residence within
this state at the time of the criminally injurious conduct and
who, at the time of the criminally injurious conduct, complied
with any one of the following:
(i) Had a permanent place of employment in this state;
(ii) Was a member of the regular armed forces of the
United States or of the United States coast guard or was a
full-time member of the Ohio organized militia or of the United
States army reserve, naval reserve, or air force reserve;
(iii) Was retired and receiving social security or any
other retirement income;
(iv) Was sixty years of age or older;
(v) Was temporarily in another state for the purpose of
receiving medical treatment;
(vi) Was temporarily in another state for the purpose of
performing employment-related duties required by an employer
located within this state as an express condition of employment
or employee benefits;
(vii) Was temporarily in another state for the purpose of
receiving occupational, vocational, or other job-related training
or instruction required by an employer located within this state
as an express condition of employment or employee benefits;
(viii) Was a full-time student at an academic institution,
college, or university located in another state;
(ix) Had not departed the geographical boundaries of this
state for a period exceeding thirty days or with the intention of
becoming a citizen of another state or establishing a permanent
place of residence in another state.
(b) A dependent of a deceased victim who is described in
division (A)(2)(a) of this section;
(c) A third person, other than a collateral source, who
legally assumes or voluntarily pays the obligations of a victim,
or of a dependent of a victim, who is described in division
(A)(2)(a) of this section, which obligations are incurred as a
result of the criminally injurious conduct that is the subject of
the claim and may include, but are not limited to, medical or
burial expenses;
(d) A person who is authorized to act on behalf of any
person who is described in division (A)(2)(a), (b), or (c) of
this section.
(B) "Collateral source" means a source of benefits or
advantages for economic loss otherwise reparable that the victim
or claimant has received, or that is readily available to the
victim or claimant, from any of the following sources:
(1) The offender;
(2) The government of the United States or any of its
agencies, a state or any of its political subdivisions, or an
instrumentality of two or more states, unless the law providing
for the benefits or advantages makes them excess or secondary to
benefits under sections 2743.51 to 2743.72 of the Revised Code;
(3) Social security, medicare, and medicaid;
(4) State-required, temporary, nonoccupational disability
insurance;
(5) Workers' compensation;
(6) Wage continuation programs of any employer;
(7) Proceeds of a contract of insurance payable to the
victim for loss that the victim sustained because of the
criminally
injurious conduct;
(8) A contract providing prepaid hospital and other health
care services, or benefits for disability;
(9) That portion of the proceeds of all contracts of
insurance payable to the claimant on account of the death of the
victim that exceeds fifty thousand dollars;
(10) Any compensation recovered or recoverable under the
laws of another state, district, territory, or foreign country
because the victim was the victim of an offense committed in that
state, district, territory, or country.
"Collateral source" does not include any money, or the
monetary value of any property, that is subject to sections
2969.01 to 2969.06 of the Revised Code.
(C) "Criminally injurious conduct" means either ONE of the
following:
(1) For the purposes of any person described in division
(A)(1) of this section, any conduct that occurs or is attempted
in this state; poses a substantial threat of personal injury or
death; and is punishable by fine, imprisonment, or death, or
would be so punishable but for the fact that the person engaging
in the conduct lacked capacity to commit the crime under the laws
of this state. Criminally injurious conduct does not include
conduct arising out of the ownership, maintenance, or use of a
motor vehicle, except when any of the following applies:
(a) The person engaging in the conduct intended to cause
personal injury or death;
(b) The person engaging in the conduct was using the
vehicle to flee immediately after committing a felony or an act
that would constitute a felony but for the fact that the person
engaging in the conduct lacked the capacity to commit the felony
under the laws of this state;
(c) The person engaging in the conduct was using the
vehicle in a manner that constitutes an OMVI violation;
(d) The conduct occurred on or after July 25, 1990, and
the person engaging in the conduct was using the vehicle in a
manner that constitutes a violation of section 2903.08 of the
Revised Code.
(2) For the purposes of any person described in division
(A)(2) of this section, any conduct that occurs or is attempted
in another state, district, territory, or foreign country; poses
a substantial threat of personal injury or death; and is
punishable by fine, imprisonment, or death, or would be so
punishable but for the fact that the person engaging in the
conduct lacked capacity to commit the crime under the laws of the
state, district, territory, or foreign country in which the
conduct occurred or was attempted. Criminally injurious conduct
does not include conduct arising out of the ownership,
maintenance, or use of a motor vehicle, except when any of the
following applies:
(a) The person engaging in the conduct intended to cause
personal injury or death;
(b) The person engaging in the conduct was using the
vehicle to flee immediately after committing a felony or an act
that would constitute a felony but for the fact that the person
engaging in the conduct lacked the capacity to commit the felony
under the laws of the state, district, territory, or foreign
country in which the conduct occurred or was attempted;
(c) The person engaging in the conduct was using the
vehicle in a manner that constitutes an OMVI violation;
(d) The conduct occurred on or after July 25, 1990, the
person engaging in the conduct was using the vehicle in a manner
that constitutes a violation of any law of the state, district,
territory, or foreign country in which the conduct occurred, and
that law is substantially similar to a violation of section
2903.08 of the Revised Code.
(3) FOR THE PURPOSES OF ANY PERSON DESCRIBED IN
DIVISION (A)(1) OR (2) OF THIS
SECTION, TERRORISM THAT OCCURS WITHIN OR OUTSIDE THE TERRITORIAL
JURISDICTION OF THE UNITED
STATES.
(D) "Dependent" means an individual wholly or partially
dependent upon the victim for care and support, and includes a
child of the victim born after the victim's death.
(E) "Economic loss" means economic detriment consisting
only of allowable expense, work loss, funeral expense,
unemployment benefits loss, and replacement services loss. If
criminally injurious conduct causes death, economic loss includes
a dependent's economic loss and a dependent's replacement
services loss. Noneconomic detriment is not economic loss;
however, economic loss may be caused by pain and suffering or
physical impairment.
(F) "Allowable expense" means reasonable charges incurred
for reasonably needed products, services, and accommodations,
including those for medical care, rehabilitation, rehabilitative
occupational training, and other remedial treatment and care and
including replacement costs for eyeglasses and other corrective
lenses. It does not include that portion of a charge for a room
in a hospital, clinic, convalescent home, nursing home, or any
other institution engaged in providing nursing care and related
services in excess of a reasonable and customary charge for
semiprivate accommodations, unless accommodations other than
semiprivate accommodations are medically required.
(G) "Work loss" means loss of income from work that the
injured person would have performed if the person had not
been injured
and expenses reasonably incurred by the person to obtain
services in
lieu of those the person would have performed for income,
reduced by any
income from substitute work actually performed by the
person, or by
income the person would have earned in available appropriate
substitute
work that the person was capable of performing but
unreasonably failed to
undertake.
(H) "Replacement services loss" means expenses reasonably
incurred in obtaining ordinary and necessary services in lieu of
those the injured person would have performed, not for income,
but for the benefit of the person's self or
family, if the person had not been
injured.
(I) "Dependent's economic loss" means loss after a
victim's death of contributions of things of economic value to
the victim's dependents, not including services they would
have received
from the victim if the victim had not suffered the fatal
injury, less
expenses of the dependents avoided by reason of the victim's
death.
(J) "Dependent's replacement services loss" means loss
reasonably incurred by dependents after a victim's death in
obtaining ordinary and necessary services in lieu of those the
victim would have performed for their benefit if the victim
had not
suffered the fatal injury, less expenses of the dependents
avoided by reason of the victim's death and not subtracted in
calculating the dependent's economic loss.
(K) "Noneconomic detriment" means pain, suffering,
inconvenience, physical impairment, or other nonpecuniary damage.
(L) "Victim" means a person who suffers personal injury or
death as a result of any of the following:
(1) Criminally injurious conduct;
(2) The good faith effort of any person to prevent
criminally injurious conduct;
(3) The good faith effort of any person to apprehend a
person suspected of engaging in criminally injurious conduct.
(M) "Contributory misconduct" means any conduct of the
claimant or of the victim through whom the claimant claims an
award of reparations that is unlawful or intentionally tortious
and that, without regard to the conduct's proximity in time or
space to the criminally injurious conduct, has a causal
relationship to the criminally injurious conduct that is the
basis of the claim.
(N) "Funeral expense" means any reasonable charges that
are not in excess of two thousand five hundred dollars and that
are incurred for expenses directly related to the victim's
funeral, cremation, or burial.
(O) "Unemployment benefits loss" means a loss of
unemployment benefits pursuant to Chapter 4141. of the Revised
Code when the loss arises solely from the inability of a victim
to meet the able to work, available for suitable work, or the
actively seeking suitable work requirements of division (A)(4)(a)
of section 4141.29 of the Revised Code.
(P) "OMVI violation" means any of the following:
(1) A violation of section 4511.19 of the Revised Code, of
any municipal ordinance prohibiting the operation of a vehicle
while under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse, or of any municipal ordinance prohibiting
the operation of a vehicle with a prohibited concentration of
alcohol in the blood, breath, or urine;
(2) A violation of section 2903.06 of the Revised Code, if
the offender was under the influence of alcohol, a drug of abuse,
or alcohol and a drug of abuse, at the time of the commission of
the offense;
(3) A violation of section 2903.07 of the Revised Code or
of a municipal ordinance substantially similar to that section,
if the offender was under the influence of alcohol, a drug of
abuse, or alcohol and a drug of abuse, at the time of the
commission of the offense;
(4) For purposes of any person described in division
(A)(2) of this section, a violation of any law of the state,
district, territory, or foreign country in which the criminally
injurious conduct occurred, if that law is substantially similar
to a violation described in division (P)(1) of this section or if
that law is substantially similar to a violation described in
division (P)(2) or (3) of this section and the offender was under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse, at the time of the commission of the offense.
(Q) "Pendency of the claim" for an original reparations
application or supplemental reparations application means the period of time
from the date the criminally injurious conduct upon which the application is
based occurred until the date a final order from the court of
claims concerning that original reparations application or supplemental
reparations application is issued.
(R) "TERRORISM" MEANS ANY ACTIVITY TO WHICH ALL OF
THE FOLLOWING APPLY:
(1) THE ACTIVITY INVOLVES A VIOLENT ACT OR AN ACT THAT IS
DANGEROUS TO HUMAN LIFE.
(2) THE ACT DESCRIBED IN DIVISION
(R)(1) OF THIS SECTION IS
COMMITTED WITHIN THE TERRITORIAL JURISDICTION OF THE
UNITED
STATES AND IS A VIOLATION OF
THE CRIMINAL LAWS OF THE UNITED
STATES, THIS STATE, OR ANY
OTHER STATE OR THE ACT DESCRIBED IN DIVISION
(R)(1) OF THIS SECTION IS
COMMITTED OUTSIDE THE TERRITORIAL JURISDICTION OF THE
UNITED
STATES AND WOULD BE A VIOLATION
OF THE CRIMINAL LAWS OF THE
UNITED
STATES, THIS STATE, OR ANY
OTHER STATE IF COMMITTED WITHIN THE TERRITORIAL JURISDICTION OF
THE UNITED
STATES.
(3) THE ACTIVITY APPEARS TO BE INTENDED TO DO ANY OF THE
FOLLOWING:
(a) INTIMIDATE OR COERCE A CIVILIAN
POPULATION;
(b) INFLUENCE THE POLICY OF ANY GOVERNMENT BY
INTIMIDATION OR COERCION;
(c) AFFECT THE CONDUCT OF ANY GOVERNMENT BY
ASSASSINATION OR KIDNAPPING.
(4) THE ACTIVITY OCCURS PRIMARILY OUTSIDE THE TERRITORIAL
JURISDICTION OF THE UNITED
STATES OR TRANSCENDS THE
NATIONAL BOUNDARIES OF THE
UNITED
STATES IN TERMS OF THE MEANS BY
WHICH THE ACTIVITY IS ACCOMPLISHED, THE PERSON OR PERSONS THAT
THE ACTIVITY APPEARS INTENDED TO INTIMIDATE OR COERCE, OR THE
AREA OR LOCALE IN WHICH THE PERPETRATOR OR PERPETRATORS OF THE
ACTIVITY OPERATE OR SEEK ASYLUM.
(S) "TRANSCENDS THE
NATIONAL BOUNDARIES OF THE
UNITED
STATES" MEANS OCCURRING OUTSIDE
THE TERRITORIAL JURISDICTION OF THE
UNITED
STATES IN ADDITION TO OCCURRING
WITHIN THE TERRITORIAL JURISDICTION OF THE
UNITED
STATES.
Sec. 2929.01. As used in this chapter:
(A) "Alternative residential
facility" means any facility other than an offender's home
or residence in which an offender is assigned to live
and that
provides programs through which the offender may seek or maintain
employment or may receive education, training, treatment, or
habilitation. "Alternative residential facility" does
not include a community-based correctional facility, jail,
halfway house, or prison.
(B) "Bad time" means the time by which the parole board
administratively extends an offender's stated prison term or terms pursuant to
section 2967.11 of the Revised Code because the parole board
finds by clear and convincing evidence that the
offender, while serving the prison term or terms, committed an
act that is a criminal offense under the law of this state or the
United States, whether or not the offender is prosecuted for
the commission of that act.
(C) "Basic supervision" means a
requirement that the offender maintain contact with a person
appointed
to supervise the offender in accordance
with sanctions imposed by the court or imposed by the parole board pursuant to
section 2967.28 of the Revised Code.
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and "unit dose" have the
same meanings as in section 2925.01 of the Revised Code.
(E) "Community-based correctional
facility" means a community-based correctional facility and
program or district community-based correctional facility and
program developed pursuant to sections 2301.51 to 2301.56 of the
Revised Code.
(F) "Community control sanction"
means a sanction that is not a prison term and that is described
in section 2929.15, 2929.16, 2929.17, or 2929.18 of the Revised
Code.
(G) "Criminally injurious conduct"
means any conduct of the type that is described in division
(C)(1) or (2) of section 2743.51 of the Revised
Code and that occurs on or after July 1, 1996, OR ANY ACTIVITY THAT
IS DESCRIBED IN DIVISIONS (C)(3) AND (R) OF SECTION 2743.51
of the Revised Code AND THAT OCCURS ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT.
(H) "Controlled substance,"
"marihuana," "schedule I," and
"schedule II" have the same meanings as in
section 3719.01 of the Revised Code.
(I) "Curfew" means a requirement that
an offender during a specified period of time be at a designated
place.
(J) "Day reporting" means a sanction
pursuant to which an offender is required each day to report to
and leave a center or other approved reporting location at
specified times in order to participate in work, education or
training, treatment, and other approved programs at the center or
outside the center.
(K) "Deadly weapon" has the same
meaning as in section 2923.11 of the Revised
Code.
(L) "Drug and alcohol use monitoring"
means a program under which an offender agrees to submit to
random chemical analysis of the offender's blood, breath, or urine to
determine whether the offender has ingested any alcohol or other
drugs.
(M) "Drug treatment program" means
any program under which a person undergoes assessment and treatment designed
to
reduce or completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under
which the person may be required to
receive assessment and treatment on an outpatient basis or may be required to
reside at a facility other than the person's home or residence while
undergoing assessment and treatment.
(N) "Economic loss" means any
economic detriment suffered by a victim as a result of criminally
injurious conduct and includes any loss of income due to lost
time at work because of any injury caused to the victim, and any
property loss, medical cost, or funeral expense incurred as a
result of the criminally injurious conduct.
(O) "Education or training" includes
study at, or in conjunction with a program offered by, a
university, college, or technical college or vocational study and
also includes the completion of primary school, secondary school,
and literacy curriculums or their equivalent.
(P) "Electronically monitored house
arrest" has the same meaning as in section 2929.23 of the
Revised Code.
(Q) "Eligible offender" has the same
meaning as in section 2929.23 of the Revised Code
except as otherwise specified in section 2929.20 of the
Revised Code.
(R) "Firearm" has the same meaning as
in section 2923.11 of the Revised Code.
(S) "Halfway house" means a facility
licensed by the division of parole and community services of the department of
rehabilitation and correction pursuant to section
2967.14 of the Revised Code as a suitable
facility for the care and treatment of adult offenders.
(T) "House arrest" means a period of confinement of an eligible offender that
is in the eligible offender's home or in other premises specified by the
sentencing court or by the parole board
pursuant to section 2967.28 of the Revised Code, that may be
electronically monitored house arrest, and during which all of
the following apply:
(1) The eligible offender is required to remain in the eligible offender's
home or other specified premises
for the
specified period of confinement, except for periods of time
during which the eligible offender is at the eligible offender's place of
employment or at other
premises as authorized by the sentencing court or by the parole board.
(2) The eligible offender is required
to report periodically to a person designated by the
court or parole board.
(3) The eligible offender is subject to any other
restrictions and requirements that may be imposed by the
sentencing court or by the parole board.
(U) "Intensive supervision" means a
requirement that an offender maintain frequent contact with a
person appointed by the court, or by the parole board pursuant to section
2967.28 of the Revised Code, to supervise the offender while the
offender is seeking or maintaining necessary employment and
participating in training, education, and treatment programs as
required in the court's or parole board's order.
(V) "Jail" means a jail, workhouse,
minimum security jail, or other residential facility
used for the confinement of alleged or convicted offenders that
is operated by a political subdivision or a combination of
political subdivisions of this state.
(W) "Delinquent child" has the same meaning as in section 2151.02 of the
Revised Code.
(X) "License violation report" means
a report that is made by a sentencing court, or by the parole board pursuant
to section
2967.28 of the Revised Code, to the regulatory or
licensing board or agency that issued an offender a professional
license or a license or permit to do business
in this state and that specifies that the offender has been
convicted of or pleaded guilty to an offense that may violate the
conditions under which the offender's professional license or
license or permit to do business in this state was granted or an offense
for which the offender's professional license or license or permit to do
business in this state may be revoked or suspended.
(Y) "Major drug offender" means an
offender who is convicted of or pleads guilty to the possession
of, sale of, or offer to sell any drug, compound, mixture,
preparation, or substance that consists of or contains at least
one thousand grams of hashish; at least one hundred
grams of crack cocaine; at least one thousand grams of cocaine that is not
crack cocaine; at least two hundred fifty grams of
heroin; at least five thousand unit doses of
L.S.D.; or at least one hundred times the
amount of any other schedule I or II controlled
substance other than marihuana that is necessary to commit a
felony of the third degree pursuant to section 2925.03, 2925.04,
2925.05, 2925.06, or 2925.11 of the Revised Code
that is based on the possession of, sale of, or offer to sell the
controlled substance.
(Z) "Mandatory prison term" means either ONE of the following:
(1) Subject to division (CC)(DD)(2) of this section,
the term in
prison that must be imposed for the offenses or
circumstances set forth in divisions (F)(1) to (8)(9) of
section
2929.13 and division (D) of section 2929.14 of the
Revised Code. Except as provided in sections
2925.02, 2925.03, 2925.04, 2925.05, and 2925.11 of the
Revised Code, unless the maximum or another
specific term is required under section 2929.14 of the
Revised Code, a mandatory prison term described in this division may be
any prison term authorized for the level of offense.
(2) The term of sixty days in prison
that a sentencing court is required to impose for a fourth degree felony
OMVI offense pursuant
to division (G)(2) of section 2929.13 and division (A)(4) of
section 4511.99 of the Revised Code.
(2)(3) The term in prison imposed pursuant to section 2971.03
of the Revised Code and that term as modified or terminated pursuant to
section 2971.05 of the Revised Code.
(AA) "Monitored time" means a period
of time during which an offender continues to be under the
control of the sentencing court or parole board, subject to no
conditions other than leading a law abiding life.
(BB) "Offender" means a person who,
in this state, is convicted of or pleads guilty to a felony or a
misdemeanor.
(CC) "Prison" means a residential
facility used for the confinement of convicted felony offenders
that is under the control of the department of rehabilitation and
correction.
(DD) "Prison term" includes any of
the following sanctions for an offender:
(1) A stated prison term;
(2) A term in a prison shortened by, or with the
approval of, the sentencing court pursuant to section 2929.20,
2967.26, 2967.27, 5120.031, 5120.032, or 5120.073 of the
Revised Code;
(3) A term in prison extended by bad time imposed
pursuant to section 2967.11 of the Revised Code
or imposed for a violation of post-release control pursuant to
section 2967.28 of the Revised Code.
(EE) "Repeat violent offender" means
a person about whom both of the following apply:
(1) The person has been convicted of or has pleaded
guilty to, and is being sentenced for committing, for
complicity in committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree
other than one set forth in
Chapter 2925. of the
Revised
Code, a felony of the first
degree set forth in Chapter
2925. of the Revised
Code that involved an attempt
to cause serious physical harm to a person or that resulted in serious
physical harm to a person, or a
felony of the second degree that involved an attempt to cause serious physical
harm to a person
or that resulted in serious physical harm to a person.
(2) Either of the following applies:
(a) The person previously was convicted of or pleaded
guilty to, and served a prison term for, any of the following:
(i) Aggravated murder, murder, involuntary manslaughter, rape, felonious
sexual penetration in violation of former AS IT EXISTED UNDER
section 2907.12 of the Revised Code PRIOR TO SEPTEMBER 3,
1996,
a felony of the first or second degree that resulted in the death
of a person or in physical harm to a person, or complicity in or an attempt
to commit any of those offenses;
(ii) An offense under an existing or
former law of this state, another state, or the
United
States that is or was
substantially equivalent to an offense listed under division
(EE)(2)(a)(i)
of this section.
(b) The person previously was adjudicated a delinquent child for
committing an act that if committed by an adult would have been an offense
listed in division
(EE)(2)(a)(i) or (ii) of this
section, the person was committed to the department of youth services for that
delinquent act, and the juvenile court in which the person was adjudicated a
delinquent child made a specific finding that the adjudication should be
considered
a conviction for purposes of a determination in the future pursuant to this
chapter as to whether the person is a repeat violent offender.
(FF) "Sanction" means any penalty
imposed upon an offender who is convicted of or pleads guilty to
an offense, as punishment for the offense. "Sanction"
includes any sanction imposed pursuant to any provision of
sections 2929.14 to 2929.18 of the Revised Code.
(GG) "Sentence" means the sanction or
combination of sanctions imposed by the sentencing court on an
offender who is convicted of or pleads guilty to a felony.
(HH) "Stated prison term" means the
prison term, mandatory prison term, or combination of all
prison terms and mandatory prison terms imposed by the
sentencing court pursuant to section 2929.14 or 2971.03 of the
Revised Code. "Stated prison term"
includes any credit received by the offender for time spent in
jail awaiting trial, sentencing, or transfer to prison for the
offense, AND any time spent under house arrest or electronically
monitored house arrest imposed after earning credits pursuant to
section 2967.193 of the Revised Code.
(II) "Victim-offender mediation"
means a reconciliation or mediation program that involves an
offender and the victim of the offense committed by the offender and that
includes a meeting in which the offender and the victim may discuss the
offense, discuss restitution, and consider other sanctions for
the offense.
(OO)(JJ) "Fourth degree felony
OMVI offense" means a violation of division (A) of section
4511.19 of the Revised
Code that, under section 4511.99 of
the Revised
Code, is a felony of the fourth degree.
(PP)(KK) "Mandatory term of local
incarceration" means the term of sixty days in a jail, a
community-based correctional facility, a halfway house, or an alternative
residential facility that a sentencing court is required to impose upon a
person who is convicted of or pleads guilty to a fourth degree felony
OMVI offense pursuant to division (G)(1) of section
2929.13 of the Revised Code and division (A)(4) of section 4511.99 of the
Revised Code.
(OO)(LL) "Designated homicide, assault, or kidnapping
offense," "sexual motivation specification," "sexually violent offense,"
"sexually violent predator," and "sexually violent predator specification"
have the same meanings as in section 2971.01 of the Revised Code.
(PP)(MM) "Habitual sex offender," "sexually oriented
offense," and "sexual predator" have the same meanings as in section 2950.01
of the Revised Code.
Section 2. That existing sections 2743.51 and 2929.01 of the Revised Code are
hereby repealed.
Section 3. Section 2929.01 of the Revised Code is presented in this act
as a composite of the section as amended by
Am. Sub. H.B. 180, Am. Sub. H.B. 445, Sub. H.B. 480, Am. Sub. S.B. 166, and
Am. Sub. S.B. 269 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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