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(123rd General Assembly)(Amended Senate Bill Number 9)
AN ACT
To amend sections 2929.01, 2929.12, 2929.17, 2929.22, and 2951.02 of the
Revised Code to require the court to consider as an aggravating factor in
determining the sentence of an offender convicted of domestic
violence, felonious assault, aggravated assault, or assault the fact that the
offender committed the offense in the vicinity
of the offender's or victim's child and to permit the court to order
an offender of that nature to undergo counseling.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 2929.01, 2929.12, 2929.17, 2929.22, and 2951.02 of
the Revised Code be amended to read as follows:
Sec. 2929.01. As used in this chapter: (A)(1) "Alternative residential facility" means, subject to division (A)(2)
of this section, any facility other than an offender's home
or residence in which an offender is assigned to live
and that satisfies all of the following criteria: (a) It provides programs through which the offender may seek or maintain
employment or may receive education, training, treatment, or
habilitation. (b) It has received the appropriate license or certificate for any
specialized education, training, treatment, habilitation, or
other service that it provides from the government agency that
is responsible for licensing or certifying that type of
education, training, treatment, habilitation, or service. (2) "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 March
10, 1998. (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 curricula 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 one any of the following: (1) Subject to division (DD)(Z)(2) of this section,
the term in prison that must be imposed for the offenses or
circumstances set forth in divisions (F)(1) to (9)(8) or
(F)(10) 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. (3) The term in prison imposed pursuant to section 2971.03
of the Revised Code for the offenses and in the circumstances described in
division (F)(9) of section 2929.13 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 but does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code. (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, 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 as it existed under
section 2907.12 of the Revised Code as it existed 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. (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. (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. (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. (MM) "Habitual sex offender," "sexually oriented
offense," and "sexual predator" have the same meanings as in section 2950.01
of the Revised Code. (NN) An offense is "committed in the vicinity of a child"
if the offender commits the offense within thirty feet of or within the same
residential unit as a child who
is under eighteen years of age, regardless of whether the offender knows the
age of the child or whether the offender knows the offense is
being committed within thirty feet of or within the same residential unit as
the child and regardless of whether the child actually views the commission of
the offense. (OO) "Family or household member" has the same meaning as in
section 2919.25 of the Revised Code. Sec. 2929.12. (A) Unless a mandatory prison
term is required by division (F) of section 2929.13 or
section 2929.14 of the Revised Code, a court that
imposes a sentence under this chapter upon an offender for a felony has
discretion to determine
the most effective way to comply with the purposes and principles of
sentencing set forth in section 2929.11 of the Revised
Code. In exercising that discretion, the court shall
consider the factors set forth in divisions (B) and
(C) of this section relating to the seriousness of the
conduct and the factors provided in divisions (D) and
(E) of this section relating to the likelihood of the
offender's recidivism and, in addition, may consider
any other factors that are relevant to achieving those purposes and principles
of sentencing. (B) The sentencing court shall consider all of
the following that apply regarding the offender, the offense, or the victim,
and any other relevant factors, as indicating that the offender's conduct is
more serious than conduct normally
constituting the offense: (1) The physical or mental injury suffered by the
victim of the offense due to the conduct of the offender was
exacerbated because of the physical or mental condition or age of
the victim. (2) The victim of the offense suffered serious
physical, psychological, or economic harm as a result of the
offense. (3) The offender held a public office or position of
trust in the community, and the offense related to that office or
position. (4) The offender's occupation, elected office, or
profession obliged the offender to prevent the offense or bring
others committing it to justice. (5) The offender's professional reputation or
occupation, elected office, or profession was used to facilitate
the offense or is likely to influence the future conduct of
others. (6) The offender's relationship with the victim
facilitated the offense. (7) The offender committed the offense for hire or as a
part of an organized criminal activity. (8) In committing the offense, the offender was
motivated by prejudice based on race, ethnic background, gender, sexual
orientation, or religion. (9) If the offense is a violation of section 2919.25 or a
violation of section 2903.11, 2903.12, or 2903.13 of the Revised Code involving a person who
was a family or household member at the time of the violation, the offender
committed the offense in the vicinity of one or more children who are
not victims of the offense, and the offender or the victim of the offense is a
parent, guardian, custodian, or person in loco parentis of one or more of
those children. (C) The sentencing court shall consider all of the
following that apply regarding the offender, the offense, or the victim, and
any other relevant factors, as indicating that the offender's conduct is less
serious than conduct normally constituting the offense: (1) The victim induced or facilitated the offense. (2) In committing the offense, the offender acted under
strong provocation. (3) In committing the offense, the offender did not
cause or expect to cause physical harm to any person or property. (4) There are substantial grounds to mitigate the
offender's conduct, although the grounds are not enough to
constitute a defense. (D) The sentencing court shall consider all of the
following that apply regarding the offender, and any other relevant factors,
as factors indicating that the
offender is likely to commit future crimes: (1) At the time of committing the offense, the offender
was under release from confinement before trial or sentencing,
under a sanction imposed pursuant to section 2929.16, 2929.17, or
2929.18 of the Revised Code, or under
post-release control pursuant to section 2967.28 or
any other provision of the Revised Code for an
earlier offense. (2) The offender previously was adjudicated a
delinquent child pursuant to Chapter 2151. of the
Revised Code, or the offender has a history
of criminal convictions. (3) The offender has not been rehabilitated to a
satisfactory degree after previously being adjudicated a
delinquent child pursuant to Chapter 2151. of the
Revised Code, or the offender has not responded
favorably to sanctions previously imposed for criminal
convictions. (4) The offender has demonstrated a pattern of drug or
alcohol abuse that is related to the offense, and the offender refuses to
acknowledge that the offender has demonstrated that pattern, or the
offender refuses treatment for the drug or alcohol abuse. (5) The offender shows no genuine remorse for the offense. (E) The sentencing court shall consider all of the
following that apply regarding the offender, and any other relevant factors,
as factors indicating that the offender is not likely to commit future crimes: (1) Prior to committing the offense, the offender had not been
adjudicated a delinquent child. (2) Prior to committing the offense, the offender had not been
convicted of or pleaded guilty to a criminal offense. (3) Prior to committing the offense, the offender had
led a law-abiding life for a significant number of years. (4) The offense was committed under circumstances
not likely to recur. (5) The offender shows genuine remorse for the offense. Sec. 2929.17. The court imposing a sentence for a
felony upon an offender who is not required to serve a mandatory
prison term may impose any nonresidential sanction or combination
of nonresidential sanctions authorized under this section.
If the court imposes one or more nonresidential sanctions authorized under
this section, the court shall comply with division (C)(1)(b) of section
2951.02 of the Revised Code and impose the mandatory condition described in
that division. The court imposing a sentence for a fourth degree felony
OMVI offense upon an offender who is required to
serve a mandatory term of local incarceration under division (G)(1)
of section 2929.13 of the Revised Code may impose upon the offender, in
addition to the mandatory term of local incarceration, a nonresidential
sanction or combination of nonresidential sanctions under this section, and
the offender shall serve or satisfy the sanction or combination of sanctions
after the offender has served the mandatory term of local incarceration
required for the offense. Nonresidential sanctions include, but are not
limited to, the following: (A) A term of day reporting; (B) A term of electronically monitored house arrest, a
term of electronic monitoring without house arrest, or a term of
house arrest without electronic monitoring; (C) A term of community service of up to five hundred
hours pursuant to division (F) of section 2951.02 of the
Revised Code or, if the court determines that the
offender is financially incapable of fulfilling a financial
sanction described in section 2929.18 of the Revised
Code, a term of community service as an alternative to a
financial sanction; (D) A term in a drug treatment program with a level of
security for the offender as determined necessary by the court; (E) A term of intensive supervision; (F) A term of basic supervision; (G) A term of monitored time; (H) A term of drug and alcohol use monitoring; (I) A curfew term; (J) A requirement that the offender obtain employment; (K) A requirement that the offender obtain education
or training; (L) Provided the court obtains the prior approval of the victim,
a requirement that the offender participate in
victim-offender mediation; (M) A license violation report; (N) If the offense is a violation of section 2919.25 or a
violation of section 2903.11, 2903.12, or 2903.13 of the Revised
Code involving a person who was a family or household member at the
time of the violation, if the offender committed the offense in the vicinity
of one or more children who are not victims of the offense, and if the
offender or the victim of the offense is a parent, guardian, custodian, or
person in loco parentis of one or more of those children, a requirement that
the
offender obtain counseling. This division does not limit the
court in requiring the offender to obtain counseling for any offense or in any
circumstance not specified in this division. Sec. 2929.22. (A) In determining whether to impose
imprisonment or a fine, or both, for a misdemeanor, and in
determining the term of imprisonment and the amount and method of
payment of a fine for a misdemeanor, the court shall consider the
risk that the
offender will commit another offense and the need for protecting
the public from the risk; the nature and circumstances of the
offense; the history, character, and condition of the offender
and the offender's need for correctional or rehabilitative
treatment; any statement made
by the victim under sections 2930.12 to 2930.17 of the Revised Code, if
the offense is a misdemeanor specified in division (A) of
section 2930.01 of the Revised Code; and
the ability and resources of the offender and the nature of the
burden that payment of a fine will impose on the offender. (B)(1) The following do not control the court's discretion,
but shall be considered in favor of imposing imprisonment for a
misdemeanor: (1)(a) The offender is a repeat or dangerous
offender;.
(2)(b) Regardless of whether or not the offender knew the age
of the victim, the victim of the offense was sixty-five years of
age or older, permanently and totally disabled, or less than
eighteen years of age at the time of the commission of the
offense.
(c) The offense is a violation of section 2919.25 or a violation
of section 2903.13 of the Revised Code involving a person
who was a family or household member at the time of the violation, the
offender
committed the offense in the vicinity of one or more children who are
not victims of the offense, and the offender or the victim of the offense is a
parent, guardian, custodian, or person in loco parentis of one or more of
those children. (2) If the offense is a violation of section 2919.25 or a violation of
section 2903.13 of the Revised Code involving a person who
was a family or household member at the time of the violation and the court
decides to impose a term of imprisonment upon the offender, the factor listed
in division (B)(1)(c) of this section shall be
considered in favor of imposing a longer term of imprisonment on the offender. (C) The criteria listed in divisions (C) and
(E) of section 2929.12 of the Revised Code
that mitigate the seriousness of the offense and that indicate
that the offender is unlikely to commit future crimes do not
control the court's discretion but shall be considered
against imposing imprisonment for a misdemeanor. (D) The criteria listed in division (B) and
referred to in division (C) of this
section shall not be construed to limit the matters
that may be considered in determining whether to impose imprisonment for a
misdemeanor. (E) The court shall not impose a fine in addition to
imprisonment for a misdemeanor unless a fine is specially
adapted to deterrence of the offense or the correction of the
offender, the offense has proximately resulted in physical harm
to the person or property of another, or the offense was
committed for hire or for purpose of gain. (F) The court shall not impose a fine or fines
that, in the aggregate and to the extent not suspended by the court,
exceed the amount that the offender
is or will be able to pay by the method and within the time allowed without
undue hardship to the offender or the offender's dependents, or will prevent
the offender
from making restitution or reparation to the victim of the offender's
offense. (G) At the time of sentencing or as soon as possible after
sentencing, the court shall notify the victim of the offense of
the victim's right to file an application for an award of
reparations pursuant to sections 2743.51 to 2743.72 of the Revised Code. (H) As used in this section, "repeat offender" and
"dangerous offender" have the same meanings as in section 2935.36
of the Revised Code. Sec. 2951.02. (A)(1) In determining whether to suspend
a sentence of imprisonment imposed upon an offender for a misdemeanor and
place the offender on probation or
whether to otherwise suspend a sentence of imprisonment imposed upon an
offender for a misdemeanor pursuant to division (A) of section
2929.51 of the Revised Code, the court shall consider the risk
that the offender will commit another offense and the need for
protecting the public from the risk, the nature and circumstances
of the offense, and the history, character, and condition of the
offender. (2) An offender who has been convicted of or pleaded
guilty to a misdemeanor shall not be placed on probation and shall not
otherwise have the sentence of imprisonment imposed upon the offender
suspended
pursuant to division (A) of section 2929.51 of
the Revised
Code if any of the following applies: (a) The offender is a repeat or dangerous offender,
as defined in section 2935.36 of the Revised
Code. (b) The misdemeanor offense involved was not a
violation of section 2923.12 of the Revised
Code and was committed while the offender was
armed with a firearm or dangerous ordnance, as defined in section 2923.11 of
the Revised
Code. (c) Under division (C) of section 2903.07 of the Revised Code, the
offender is not eligible for probation. (B) The following do not control the court's discretion
but the court shall consider them in favor of placing an offender who has been
convicted of or pleaded guilty to a misdemeanor on probation or in favor of
otherwise suspending the offender's
sentence of imprisonment pursuant to division (A) of section 2929.51 of the
Revised Code: (1) The offense neither caused nor threatened serious harm
to persons or property, or the offender did not contemplate that
it would do so. (2) The offense was the result of circumstances unlikely
to recur. (3) The victim of the offense induced or facilitated it. (4) There are substantial grounds tending to excuse or
justify the offense, though failing to establish a defense. (5) The offender acted under strong provocation. (6) The offender has no history of prior delinquency or
criminal activity, or has led a law-abiding life for a
substantial period before commission of the present offense. (7) The offender is likely to respond affirmatively to
probationary or other court-imposed treatment. (8) The character and attitudes of the offender indicate
that the offender is unlikely to commit another offense. (9) The offender has made or will make restitution or
reparation to the victim of the offender's offense for the injury, damage,
or loss sustained. (10) Imprisonment of the offender will entail undue hardship to the offender
or the offender's dependents. (C)(1)(a) When an offender who has been convicted of or pleaded
guilty to a
misdemeanor is placed on probation or the sentence of
that type of offender otherwise is suspended pursuant to division (A)
of section
2929.51 of the Revised Code, the probation or
other suspension shall be at least on condition that, during the
period of probation or other suspension, the offender shall abide by the
law, including, but not limited to, complying with the provisions of
Chapter 2923. of the Revised Code relating to the possession, sale,
furnishing, transfer, disposition, purchase, acquisition, carrying, conveying,
or use of, or other conduct involving, a firearm or dangerous ordnance, as
defined in section 2923.11 of the Revised Code, and shall not leave the state
without
the permission of the court
or the offender's probation officer. In the interests of doing justice,
rehabilitating the offender, and ensuring the offender's good behavior, the
court may impose additional requirements on the offender,
including, but not limited to, requiring. Compliance with the
additional requirements imposed under this division also shall be a condition
of the offender's probation or other suspension. The additional requirements
so imposed may include, but shall not be limited to, any of the following: (i) A requirement that the offender to make
restitution pursuant to section 2929.21 of the Revised Code for all or part of
the property damage that is caused
by the offender's offense and for all or part of the value of the property
that is the subject of any theft offense, as defined in division
(K) of section 2913.01 of the Revised Code, that the offender committed.
Compliance with the additional requirements also shall be a condition of the
offender's probation or other suspension; (ii) If the offense is a violation of section 2919.25 or a
violation of section 2903.13 of the Revised Code involving a person who was a family or
household member at the time of the violation, if the offender committed the
offense in the vicinity of one or more children who are not victims of
the offense, and if the offender or the victim of the offense is a parent,
guardian, custodian, or person in loco parentis of one or more of those
children, a requirement that the offender obtain counseling. This division
does not limit the court in imposing a requirement that the
offender obtain counseling for any offense or in any circumstance not
specified in this division. (b) When an offender who has been convicted of or pleaded guilty
to a felony is sentenced to a nonresidential sanction pursuant to section
2929.17 of the Revised
Code, the court shall impose as a condition of
the sanction that, during the period of the nonresidential
sanction, the offender shall abide by the law, including, but not limited to,
complying with the provisions of Chapter 2923.
of the Revised
Code identified in division
(C)(1)(a) of this section. (2) During the period of a misdemeanor offender's
probation or other suspension or during the period of a felon's
nonresidential sanction,
authorized probation officers who are engaged within the scope of their
supervisory duties or responsibilities may search, with or without a warrant,
the person of the offender, the place of residence of the offender, and a
motor vehicle, another item of tangible or intangible personal property, or
other real property in which the offender has a right, title, or interest or
for which the offender has the express or implied permission of a person with
a right,
title, or interest to use, occupy, or possess if the probation officers have
reasonable grounds to believe that the offender is not abiding by the law or
otherwise is not complying with the conditions of the offender's probation or
other
suspension or the conditions of the offender's nonresidential sanction.
If a felon who is sentenced to a nonresidential sanction is under the
general control and supervision of the adult parole authority, as described in
division (A)(2)(a) of section 2929.15 of the Revised Code, adult
parole authority field officers with supervisory responsibilities over the
felon shall have the same search authority relative to the felon during the
period of the sanction as is described under this division for probation
officers. The court that places the offender on probation or
suspends
the misdemeanor offender's sentence of imprisonment pursuant to
division (D)(2)
or (4) of section 2929.51 of the Revised Code or that sentences the felon
to a nonresidential sanction pursuant to section 2929.17 of the Revised Code shall
provide the offender with a written notice that
informs the offender that authorized probation officers or adult parole
authority field officers with supervisory responsibilities over the
offender who are engaged within
the scope of their supervisory duties or responsibilities may conduct those
types
of searches during the period of probation or other suspension or during
the period of the nonresidential sanction if they have
reasonable grounds to believe that the offender is not abiding by the law or
otherwise is not complying with the conditions of the offender's probation or
other suspension or the conditions of the offender's nonresidential
sanction. (D) The following do not control the court's discretion
but the court shall consider them against placing an offender who has been
convicted of or pleaded guilty to a misdemeanor on probation and against
otherwise suspending the offender's sentence of
imprisonment pursuant to division (A) of section 2929.51 of the Revised Code: (1) The offender recently violated the conditions of
pardon, post-release control pursuant to section 2967.28 of
the
Revised Code, or a probation or suspension pursuant to
division (A) of section 2929.51 of the Revised Code,
previously granted the offender. (2) There is a substantial risk that, while at liberty
during the period of probation or other suspension, the offender
will commit another offense. (3) The offender is in need of correctional or
rehabilitative treatment that can be provided best by the offender's
commitment to a locally governed and operated residential facility. (4) Regardless of whether the offender knew the age of the
victim, the victim of the offense was sixty-five years of age or
older or permanently and totally disabled at the time of the
commission of the offense. (E) The criteria listed in divisions (B) and (D) of this
section shall not be construed to limit the matters that may be
considered in determining whether to suspend sentence of
imprisonment and place an offender who has been convicted of or pleaded guilty
to a misdemeanor on probation or whether to
otherwise suspend the offender's sentence of imprisonment pursuant
to division
(A) of section 2929.51 of the Revised Code. (F)(1) When an offender is
convicted
of or pleads guilty to a misdemeanor, the
court may require the offender, as a condition of probation or as a condition
of otherwise suspending the offender's sentence pursuant to division (A) of
section 2929.51 of the Revised Code, in addition to the
conditions of probation or other suspension imposed pursuant to
division (C) of this section, to perform supervised community
service work under the authority of health districts, park
districts, counties, municipal corporations, townships, other
political subdivisions of the state, or agencies of the state or
any of its political subdivisions, or under the authority of
charitable organizations that render services to the community or
its citizens, in accordance with this division. Supervised
community service work shall not be required as a condition of
probation or other suspension under this division unless the
offender agrees to perform the work offered as a condition of
probation or other suspension by the court. The court may
require an offender who agrees to perform the work to pay to it a
reasonable fee to cover the costs of the offender's participation in the
work, including, but not limited to, the costs of procuring a
policy or policies of liability insurance to cover the period
during which the offender will perform the work. A court may permit any offender convicted of a misdemeanor
to satisfy the payment of a fine imposed for the offense by
performing supervised community service work as described in this
division if the offender requests an opportunity to satisfy the
payment by this means and if the court determines the offender is
financially unable to pay the fine. The supervised community service work that may be imposed
under this division shall be subject to the following
limitations: (a) The court shall fix the period of the work and, if
necessary, shall distribute it over weekends or over other
appropriate times that will allow the offender to continue at the offender's
occupation or to care for the offender's family. The period of the work as
fixed by the court shall not exceed an aggregate of two hundred
hours. (b) An agency, political subdivision, or charitable
organization must agree to accept the offender for the work
before the court requires the offender to perform the work for the entity. A
court shall not require an offender to perform supervised
community service work for an agency, political subdivision, or
charitable organization at a location that is an unreasonable
distance from the offender's residence or domicile, unless the
offender is provided with transportation to the location where
the work is to be performed. (c) A court may enter into an agreement with a county
department of human services for the management, placement, and
supervision of offenders eligible for community service work in work
activities,
developmental activities, and
alternative work activities under sections 5107.40
to 5107.69 of the
Revised Code. If a court and a county
department of human services have entered into an
agreement of that nature, the clerk of that court is authorized to pay
directly to the department of human services all or a portion of the fees
collected by the court pursuant to this division in accordance with the terms
of its agreement. (d) Community service work that a court requires under
this division shall be supervised by an official of the agency,
political subdivision, or charitable organization for which the
work is performed or by a person designated by the agency,
political subdivision, or charitable organization. The official
or designated person shall be qualified for the supervision by
education, training, or experience, and periodically shall
report, in writing, to the court and to the offender's probation
officer concerning the conduct of the offender in performing the
work. (2) When an offender is convicted of a felony, the court
may impose pursuant to sections 2929.15 and 2929.17 of the Revised Code a
sanction that requires the offender to perform supervised community
service work in accordance with this division and under the
authority of any agency, political subdivision, or charitable
organization as described in division (F)(1) of this section. The court may
require an offender who is ordered to
perform the work to pay to it a reasonable fee to cover the costs
of the offender's participation in the work, including, but not limited to,
the costs of procuring a policy or policies of liability
insurance to cover the period during which the offender will
perform the work. A court may permit an offender convicted of a felony to
satisfy the payment of a fine imposed for the offense pursuant to section
2929.18 of the Revised Code by performing supervised community service work as
described in this
division if the court determines that the offender is financially unable to pay
the fine. The supervised community service work that may be imposed
under this division shall be subject to the limitations specified
in divisions (F)(1)(a) to (d) of this section, except that the court is not
required to obtain the agreement of the offender to impose supervised
community work as a sanction. Additionally, the total of any period of
supervised community service work imposed on an offender under this division
plus the period of all other sanctions imposed pursuant to sections 2929.15,
2929.16, 2929.17, and 2929.18 of the Revised Code shall not exceed five years. (G)(1) When an offender is convicted of a violation of
section 4511.19 of the Revised Code, a municipal ordinance
relating to operating a vehicle while under the influence of
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a
municipal ordinance relating to operating a vehicle with a
prohibited concentration of alcohol in the blood, breath, or
urine or of a misdemeanor violation of section 2903.07 of the Revised
Code or
an equivalent violation of a municipal ordinance that is substantially
similar
to section 2903.07 of the Revised Code and that provides for that type of
finding by a jury or judge in a case in which the jury or judge
found that the offender was under the influence of alcohol at the
time of the commission of the offense, the court may require, as
a condition of probation in addition to the required conditions
of probation and the discretionary conditions of probation that
may be imposed pursuant to division (C) of this section, any
suspension or revocation of a driver's or commercial driver's
license or permit or nonresident operating privilege, and all
other penalties provided by law or by ordinance, that the
offender operate only a motor vehicle equipped with an ignition
interlock device that is certified pursuant to section 4511.83 of
the Revised Code. (2) When a court requires an offender, as a condition of
probation pursuant to division (G)(1) of this section, to operate
only a motor vehicle equipped with an ignition interlock device
that is certified pursuant to section 4511.83 of the Revised
Code, the offender immediately shall surrender the offender's driver's or
commercial driver's license or permit to the court. Upon the
receipt of the offender's license or permit, the court shall
issue an order authorizing the offender to operate a motor
vehicle equipped with a certified ignition interlock device,
deliver the offender's license or permit to the bureau of motor
vehicles, and include in the abstract of the case forwarded to
the bureau pursuant to section 4507.021 of the Revised Code the
conditions of probation imposed pursuant to division (G)(1) of
this section. The court shall give the offender a copy of its
order, and that copy shall be used by the offender in lieu of a
driver's or commercial driver's license or permit until the
bureau issues a restricted license to the offender. (3) Upon receipt of an offender's driver's or commercial
driver's license or permit pursuant to division (G)(2) of this
section, the bureau of motor vehicles shall issue a restricted
license to the offender. The restricted license shall be
identical to the surrendered license, except that it shall have
printed on its face a statement that the offender is prohibited
from operating a motor vehicle that is not equipped with an
ignition interlock device that is certified pursuant to section
4511.83 of the Revised Code. The bureau shall deliver the
offender's surrendered license or permit to the court upon
receipt of a court order requiring it to do so, or reissue the
offender's license or permit under section 4507.54 of the Revised
Code if the registrar destroyed the offender's license or permit
under that section. The offender shall surrender the restricted
license to the court upon receipt of the offender's surrendered license or
permit. (4) If an offender violates a requirement of the court imposed under division
(G)(1) of this section, the offender's driver's or
commercial driver's license or permit or nonresident operating
privilege may be suspended as provided in section 4507.16 of the Revised
Code. (5) As used in this division, "ignition interlock device"
has the same meaning as in section 4511.83 of the Revised Code. SECTION 2 . That existing sections 2929.01, 2929.12, 2929.17, 2929.22, and
2951.02 of the Revised Code are hereby repealed.
SECTION 3 . Section 2929.01 of the Revised Code was amended by both
H. B. 378 and Am. Sub. S.B. 111 of the 122nd General
Assembly. Comparison of these amendments in pursuance of section 1.52 of the
Revised Code discloses that while certain of the amendments of these acts are
reconcilable, certain other of the amendments are substantively
irreconcilable. H.B. 378 was passed on November 13, 1997;
Am. Sub. S.B. 111 was passed on November 18, 1997. Section
2929.01 of the Revised Code is therefore presented in this act as it results
from Am. Sub. S.B. 111 and such of the amendments of H.B. 378 as are not in
conflict with the amendments of Am. Sub. S.B. 111. This is in
recognition of the principles stated in division (B) of section 1.52 of the
Revised Code that amendments are to be harmonized where not substantively
irreconcilable, and that where amendments are substantively irreconcilable,
the latest amendment is to prevail. This section constitutes a legislative
finding that such harmonized and reconciled section was the resulting version
in effect prior to the effective date of this act.
SECTION 4 . Section 2929.17 of the Revised Code is presented in this act as
a composite of the section as amended by both Am. Sub. S.B. 166 and Am. Sub.
S.B. 269 of the 121st General Assembly, with the new language of neither of
the acts shown in capital letters. This
is in recognition of the principle stated in division (B) of section 1.52 of
the Revised Code that such amendments are to be harmonized where not
substantively irreconcilable and constitutes a legislative finding that such
is the resulting version in effect prior to the effective date of this act.
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