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Sub. S. B. No. 281 As Passed by the SenateAs Passed by the Senate
126th General Assembly | Regular Session | 2005-2006 |
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Senators Stivers, Padgett, Mumper, Goodman, Austria, Spada, Zurz
A BILL
To amend sections 109.761, 109.802, 2921.51, 2929.13, 2929.14, and 2941.1414 to enact new section 109.803, and to repeal section 109.803 of the Revised Code to mandate up to 24 hours a year of continuing professional training for peace officers and state highway patrol troopers, to provide a mechanism for the granting for a calendar year because of emergency circumstances of an extension of the time within which a peace officer or trooper must complete the required minimum number of hours of training, to establish the method by which the Attorney General reimburses the costs of training programs for peace officers and troopers of public appointing authorities, to prohibit impersonating BCII investigators, to apply the increased penalties for aggravated vehicular homicide when the victim is a peace officer to when the victim is a BCII investigator, and to make an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.761, 109.802, 2921.51, 2929.13, 2929.14, and 2941.1414 be amended and new section 109.803 of the Revised Code be enacted to read as follows:
Sec. 109.761. (A)(1) Each agency or entity that appoints or
employs one or more peace officers shall report to the Ohio peace
officer training commission all of the following that occur on or
after
the effective date of this section
February 20, 2002: (a) The appointment or employment of any person to serve the
agency or entity as a peace officer in any full-time, part-time,
reserve, auxiliary, or other capacity; (b) The termination, resignation, felony conviction, or death
of any person who has been appointed to or employed by the agency
or entity as a peace officer in any full-time, part-time, reserve,
auxiliary, or other capacity and is serving the agency or entity
in any of those peace officer capacities. (2) An agency or entity shall make each report required by
this division not later than ten days after the occurrence of the
event being reported. The agency or entity shall make the report
in the manner and format prescribed by the executive director of
the Ohio peace officer training commission. (B) Each agency or entity that appoints or employs one or
more peace officers or state highway patrol troopers shall annually provide to the Ohio peace
officer training commission a roster of all persons who have been
appointed to or employed by the agency or entity as peace officers or troopers
in any full-time, part-time, reserve, auxiliary, or other
capacity
and are serving, or during the year covered by the report
have
served, the agency or entity in any of those peace officer or trooper
capacities. The agency or entity shall provide the roster in the
manner and format, and by the date, prescribed by the executive
director of the Ohio peace officer training commission. (C) The Ohio peace officer training commission shall
prescribe the manner and format of making reports under division
(A) of this section and providing annual rosters under division
(B) of this section and shall prescribe the date by which the
annual rosters must be provided.
Sec. 109.802. (A) There is hereby created in the state
treasury the law enforcement assistance fund. The fund shall be
used to pay reimbursements for law enforcement continuing professional training programs for peace officers and troopers as
provided in this section and section 109.803 of the Revised Code,
the compensation of any employees of the attorney general
required to administer those sections, and any other
administrative costs incurred by the attorney general to
administer those sections. (B) The attorney general shall adopt rules in accordance
with Chapter 119. of the Revised Code establishing application
procedures, standards, and guidelines, and prescribing an
application form, for the reimbursement of sheriffs, constables,
chiefs of police of organized municipal and township police
departments, chiefs of police of township police district police
forces, and chiefs of police of university or college police
departments for the costs of peace officer basic training
programs, advanced peace officer training programs, basic jailer
training programs, and firearms requalification programs
successfully completed by them or the peace officers under their
supervision, for the reimbursement of the superintendent of the
state highway patrol and the director of natural resources for
the costs of peace officer basic training programs, advanced
peace officer training programs, and basic jailer training
programs successfully completed by them or the peace officers
under their supervision, and for the reimbursement of the chief
of the adult parole authority and the chief probation officer of
a county probation department, multicounty probation department,
and municipal court department of probation for the costs of
basic firearm training programs and firearms requalification
programs successfully completed by them or by parole or probation
officers under their supervision public appointing authorities for the cost of continuing professional training programs for their peace officers and troopers. The rules shall include, but
are not limited to, all of the following: (1) A requirement that applications for reimbursement be
submitted on a fiscal calendar-year basis; (2) The documentation required to substantiate any costs
for which the applicant seeks reimbursement; (3) The procedure for prorating reimbursements if the
amount of money appropriated for reimbursement for any fiscal
year is not sufficient to pay all of the costs approved for
reimbursement for that fiscal year Procedures for submitting applications for reimbursement for the cost of continuing professional training programs completed by a peace officer or trooper for whom the executive director of the Ohio peace officer training commission granted pursuant to division (A)(2) of section 109.803 of the Revised Code an extension of the time for compliance with the continuing professional training requirement specified in division (A) of that section and who complied with the requirement prior to the date on which the extension ends; (4) Any other requirements necessary for the proper
administration of the reimbursement program. (C) The Ohio peace officer training commission shall administer a program for reimbursing public appointing authorities for the costs of continuing professional training programs that are successfully completed by the appointing authority's peace officers or troopers. The commission shall administer the reimbursement program in accordance with rules adopted by the attorney general pursuant to division (B) of this section.
(D) Each sheriff, constable, and chief of police of an
organized municipal or township police department, township
police district police force, or university or college police
department public appointing authority may apply each fiscal calendar year to the peace officer
training commission for reimbursement for the costs of peace officer
basic continuing professional training programs, advanced peace officer training
programs, basic jailer training programs, and firearms
requalification training programs that are successfully completed
by the sheriff, constable, or chief or a peace officer
under the sheriff's, constable's, or chief's supervision.
The superintendent of the state highway patrol and the director of
natural resources may apply each fiscal year to the peace officer
training commission for reimbursement for the costs of peace officer
basic training programs, advanced peace officer training
programs, and basic jailer training programs successfully
completed by the superintendent or director or the peace
officers under the superintendent's or director's
supervision. The chief of the adult parole authority and each chief probation
officer of a county probation department, multicounty probation
department, or municipal court department of probation may apply
each fiscal year to the peace officer training commission for
reimbursement for the costs of basic firearm training programs
and firearms requalification programs successfully completed by
that chief or by parole or probation officers under
the chief's supervision appointing authority's peace officers or troopers. Each application shall be made in
accordance with, on an
application form prescribed in, and be supported by the
documentation required by, the rules adopted by the attorney
general pursuant to division (B) of this section. (D)(E)(1) The Ohio peace officer training commission, in accordance with rules of the attorney general adopted under division (B) of this section, shall review each application for reimbursement made under division (D) of this section to determine if the applicant is entitled to reimbursement for the training programs for which the applicant seeks reimbursement. Except as provided in division (E)(2) of this section, a public appointing authority that applies under division (D) of this section for reimbursement is entitled to reimbursement only if all of the appointing authority's peace officers or troopers comply with the continuing professional training requirement specified in division (A)(1) of section 109.803 of the Revised Code by completing the minimum number of hours of training directed by the Ohio peace officer training commission under that division and with the other requirements described in that division.
(2) If a public appointing authority applies under division (D) of this section for reimbursement, if one or more of its peace officers or troopers have not complied with the continuing professional training requirement specified in division (A)(1) of section 109.803 of the Revised Code by completing the minimum number of hours of training directed by the Ohio peace officer training commission under that division, and if the executive director of the commission granted pursuant to division (A)(2) of section 109.803 of the Revised Code an extension of the time within which each of those peace officers or troopers who have not complied with the continuing professional training requirement must comply with that requirement, notwithstanding division (E)(1) of this section, both of the following apply:
(a) If each peace officer or trooper of the public appointing authority for whom the executive director of the commission did not grant an extension pursuant to division (A)(2) of section 109.803 of the Revised Code has complied with the continuing professional training requirement and with the other requirements described in division (A)(1) of section 109.803 of the Revised Code, the public appointing authority is entitled to reimbursement for the training programs completed by all of its peace officers or troopers who have so complied with the continuing professional training requirement and the other specified requirements.
(b) If a peace officer or trooper of the public appointing authority for whom the executive director of the commission granted an extension pursuant to division (A)(2) of section 109.803 of the Revised Code complies prior to the date on which the extension ends with the continuing professional training requirement, and if the peace officer or trooper also has complied with the other requirements described in division (A)(1) of section 109.803 of the Revised Code, the public appointing authority is entitled to reimbursement for the training programs completed by that peace officer or trooper. An application for reimbursement of the type described in this division shall be made in accordance with rules adopted by the attorney general pursuant to division (B) of section 109.802 of the Revised Code.
(3) If
a public appointing authority that applies under division (D) of this section for reimbursement is entitled to reimbursement under division (E)(1) or (2) of this section for each peace officer and trooper who successfully completes a training program, the commission shall approve reimbursing the appointing authority for the cost of that program. The actual amount of reimbursement for each authorized training program shall be determined by rules adopted by the attorney general under division (B) of this section. If the public appointing authority is entitled to reimbursement under division (E)(2)(a) of this section, payment of the reimbursement shall not be withheld during the period of the extension granted to the other peace officers or troopers of the authority pursuant to division (A)(2) of section 109.803 of the Revised Code, pending their compliance with the requirement. If the public appointing authority is entitled to reimbursement under division (E)(2)(a) of this section and if one or more of its peace officers or troopers who were granted an extension pursuant to division (A)(2) of section 109.803 of the Revised Code fails to complete prior to the date on which the extension ends the required minimum number of hours of continuing professional training set by the commission under division (A)(1) of section 109.803 of the Revised Code, the failure does not affect the reimbursement made to the public appointing authority, and the public appointing authority is not required to return the reimbursement or any portion of it.
(F) Each public appointing authority that receives funds under this section shall keep those funds separate from any other funds of the appointing authority and shall use those funds only for paying the cost of continuing professional training programs.
(G) As used in this section and section 109.803 of the
Revised Code: (1) "Peace officer" includes a sheriff, deputy sheriff,
marshal, deputy marshal, chief of police and member of a
municipal or township police department, chief of police and
member of a township police district police force, chief of
police of a university or college police department, state
university law enforcement officer appointed under section
3345.04 of the Revised Code, superintendent of the state highway
patrol, state highway patrol trooper, and employee of the
department of natural resources who is a natural resources law enforcement
staff officer, park officer, forest
officer, preserve officer, wildlife officer, or state watercraft
officer has the same meaning as in section 109.71 of the Revised Code. (2) "Chief of police of an organized municipal police
department" includes the chief of police of a village police
department. (3) "Chief of police of a village police department" means
the village marshal.
(4) "Chief of police of a university or college police
department" means the person who has direct supervisory authority
over the state university law enforcement officers who are
appointed for the university or college pursuant to section 3345.04 of the
Revised Code by the board of trustees
of the university or college "Trooper" means an individual appointed as a state highway patrol trooper under section 5503.01 of the Revised Code.
(3)
"Appointing authority" means any agency or entity that appoints a peace officer or trooper. Sec. 109.803. (A)(1) Subject to division (A)(2) of this section, every appointing authority shall require each of its appointed peace officers and troopers to complete up to twenty-four hours of continuing professional training each calendar year, as directed by the Ohio peace officer training commission. The number of hours directed by the commission, up to twenty-four hours, is intended to be a minimum requirement, and appointing authorities are encouraged to exceed the number of hours the commission directs as the minimum. The commission shall set the required minimum number of hours based upon available funding for reimbursement as described in this division. If no funding for the reimbursement is available, no continuing professional training will be required. (2) An appointing authority may submit a written request to the peace officer training commission that requests for a calendar year because of emergency circumstances an extension of the time within which one or more of its appointed peace officers or troopers must complete the required minimum number of hours of continuing professional training set by the commission, as described in division (A)(1) of this section. A request made under this division shall set forth the name of each of the appointing authority's peace officers or troopers for whom an extension is requested, identify the emergency circumstances related to that peace officer or trooper, include documentation of those emergency circumstances, and set forth the date on which the request is submitted to the commission. A request shall be made under this division not later than the fifteenth day of December in the calendar year for which the extension is requested.
Upon receipt of a written request made under this division, the executive director of the commission shall review the request and the submitted documentation. If the executive director of the commission is satisfied that emergency circumstances exist for any peace officer or trooper for whom a request was made under this division, the executive director may approve the request for that peace officer or trooper and grant an extension of the time within which that peace officer or trooper must complete the required minimum number of hours of continuing professional training set by the commission. An extension granted under this division may be for any period of time the executive director believes to be appropriate, and the executive director shall specify in the notice granting the extension the date on which the extension ends. Not later than thirty days after the date on which a request is submitted to the commission, for each peace officer and trooper for whom an extension is requested, the executive director either shall approve the request and grant an extension or deny the request and deny an extension and shall send to the appointing authority that submitted the request written notice of the executive director's decision. If the executive director grants an extension of the time within which a particular appointed peace officer or trooper of an appointing authority must complete the required minimum number of hours of continuing professional training set by the commission, the appointing authority shall require that peace officer or trooper to complete the required minimum number of hours of training not later than the date on which the extension ends.
(3)(a) If
a public appointing authority complies with the training requirement specified in division (A)(1) of this section by requiring each of its appointed peace officers and troopers to complete the number of hours of training the commission directs as the minimum and with division (B) of section 109.761 of the Revised Code and if the appointed peace officers and troopers of the public appointing authority comply with section 109.801 of the Revised Code to the extent that they are subject to that section and comply with all other training mandated by the general assembly or the attorney general, the attorney general shall reimburse the public appointing authority for the successful training costs of each of its appointed peace officers and troopers as provided in section 109.802 of the Revised Code.
(b) If the executive director of the Ohio peace officer training commission grants pursuant to division (A)(2) of this section an extension of the time within which one or more appointed peace officers or troopers of a public appointing authority must complete the required minimum number of hours of continuing professional training set by the commission, and if the criteria set forth in division (A)(3)(a) of this section are satisfied regarding each appointed peace officer or trooper of the public appointing authority for whom such an extension was not granted, the attorney general shall reimburse the public appointing authority for the successful training costs of each of its appointed peace officers and troopers for whom such an extension was not granted, as provided in section 109.802 of the Revised Code.
If an appointed peace officer or trooper of a public appointing authority for whom the executive director granted such an extension completes prior to the date on which the extension ends the number of hours of training the commission directs as the minimum, if the officer or trooper also has complied with section 109.801 of the Revised Code to the extent that the officer or trooper is subject to that section and has complied with all other training mandated by the general assembly or the attorney general, and if the public appointing authority has complied with division (B) of section 109.761 of the Revised Code, the attorney general shall reimburse the public appointing authority for the successful training costs of that peace officer or trooper as provided in section 109.802 of the Revised Code.
(B)(1) Subject to division (B)(2) of this section, no appointed peace officer or trooper of an appointing authority who fails to complete in any calendar year the required hours of continuing professional training the Ohio peace officer training commission directs pursuant to division (A) of this section as the minimum number of hours or who fails to comply with section 109.801 of the Revised Code or any other required training shall carry a firearm during the course of official duties or perform the functions of a peace officer or trooper until evidence of the peace officer's or trooper's compliance with those requirements is filed with the executive director of the Ohio peace officer training commission. (2) If the executive director of the Ohio peace officer training commission grants pursuant to division (A)(2) of this section an extension of the time within which an appointed peace officer or trooper of an appointing authority must complete the required minimum number of hours of continuing professional training set by the commission, during the period of the extension division (B)(1) of this section does not apply to a peace officer or trooper for whom such an extension was granted, provided that peace officer or trooper has complied with section 109.801 of the Revised Code to the extent that the officer or trooper is subject to that section and has complied with all other required training. If a peace officer or trooper of an appointing authority for whom such an extension was granted fails to complete prior to the date on which the extension ends the required minimum number of hours of continuing professional training set by the commission, division (B)(1) of this section applies to that officer or trooper after the date on which the extension ends.
(C) With the advice of the Ohio peace officer training commission, the attorney general shall adopt in accordance with Chapter 119. of the Revised Code rules setting forth minimum standards for continuing professional training for peace officers and troopers and governing the administration of continuing professional training programs for peace officers and troopers. The attorney general shall transmit a certified copy of any rule adopted under this section to the secretary of state.
Sec. 2921.51. (A) As used in this section: (1) "Peace officer" means a sheriff, deputy sheriff,
marshal, deputy marshal, member of the organized police
department
of a municipal corporation, or township constable, who
is employed
by a political subdivision of this state, a member of
a police
force employed by a metropolitan housing authority under
division
(D) of section 3735.31 of the Revised Code,
a member of a police
force employed by a regional transit authority under
division (Y)
of section 306.35 of the Revised Code, a state
university law
enforcement officer appointed under section
3345.04 of the Revised
Code,
a veterans' home police officer
appointed under
section 5907.02 of the Revised Code, a special police
officer
employed by a port authority under section 4582.04 or 4582.28
of
the Revised Code, or a state
highway patrol trooper and whose
primary duties are to preserve
the peace, to protect life and
property, and to enforce the laws,
ordinances, or rules of the
state or any of its political
subdivisions. (2) "Private police officer" means any security
guard,
special
police officer, private detective, or other person who
is
privately
employed in a police capacity. (3) "Impersonate" means to act the part of, assume the
identity of, wear the uniform or any part of the uniform of, or
display the identification of a particular person or of a member
of a class of persons with purpose to make another person believe
that the actor is that particular person or is a member of that
class of persons.
(4) "Investigator of the bureau of criminal identification and investigation" has the same meaning as in section 2903.11 of the Revised Code. (B) No person shall impersonate a peace officer or a,
private
police officer, or investigator of the bureau of criminal identification and investigation. (C) No person, by impersonating a peace officer or a,
private
police officer, or investigator of the bureau of criminal identification and investigation, shall arrest or detain any person, search any
person, or search the property of any person. (D) No person, with purpose to commit or facilitate the
commission of an offense, shall impersonate a peace officer, a
private police officer, or an officer, agent, or employee of the
state, or investigator of the bureau of criminal identification and investigation. (E) No person shall commit a felony while impersonating a
peace officer, a private police officer, or an officer, agent, or
employee of the state, or investigator of the bureau of criminal identification and investigation. (F) It is an affirmative defense to a charge under
division
(B) of this section that the impersonation of the peace
officer, private police officer, or investigator of the bureau of criminal identification and investigation
was for a lawful purpose. (G) Whoever violates division (B) of this section is
guilty
of a misdemeanor of the fourth degree. Whoever violates
division
(C) or (D) of this section is guilty of a misdemeanor of
the first
degree. If the purpose of a violation of division (D)
of this
section is to commit or facilitate the commission of a
felony, a
violation of division (D) is a felony of the
fourth degree.
Whoever violates division (E) of this section is guilty
of a
felony of the third degree.
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
OVI offense or for a third degree felony OVI 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) For a fourth degree felony OVI offense for which
sentence is
imposed under division (G)(1) of this section, an
additional
community control sanction
or combination of community
control sanctions under section 2929.16 or 2929.17
of the Revised
Code. If the court imposes upon the offender a community control sanction and the offender violates any condition of the community control sanction, the court may take any action prescribed in division (B) of section 2929.15 of the Revised Code relative to the offender, including imposing a prison term on the offender pursuant to that division. (2) For a third or fourth degree felony OVI offense for
which
sentence is imposed under division (G)(2) of this section,
an additional
prison term as
described in division (D)(4) of
section 2929.14 of the Revised Code or a community control sanction as described in division (G)(2) of this section. (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 at the time of the offense was serving, or
the offender previously had served, a prison term. (h) The offender committed the offense while under a
community control
sanction, while on probation, or while released
from custody on a bond or
personal recognizance. (i) The offender committed the offense while in possession
of a firearm. (2)(a) If the court makes a finding
described in division
(B)(1)(a), (b), (c), (d), (e), (f), (g),
(h), or (i) 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), (h), or
(i) 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 (D), (E), (F), or (G) 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)(1) Except as provided in division (E)
or (F) of this
section, for a felony of the first or
second degree, 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, and for a violation of division (A)(4) of section 2907.05 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. Division (D)(2) of this section does not apply to a presumption established under this division for a violation of division (A)(4) of section 2907.05 of the Revised Code. (2) Notwithstanding the
presumption established
under division (D)(1) of this section for the offenses listed in that division other than a violation of division (A)(4) of section 2907.05 of the Revised Code, 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: (a) 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. (b) 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
violates the conditions of a community
control sanction
imposed for the offense solely by
reason of producing positive
results on a drug test,
the court, as punishment for the violation
of the sanction, shall not order
that the offender be imprisoned
unless the court
determines on the record either of the following: (a) The offender had been ordered as a sanction for the
felony to
participate in a drug treatment program, in a drug
education program,
or in narcotics anonymous or a
similar program,
and the offender continued to use illegal drugs after a
reasonable
period of participation in the program. (b) The imprisonment of the offender for the violation is
consistent with the
purposes and principles of sentencing set
forth in section 2929.11 of the
Revised Code. (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 or 2967.191 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: (1) Aggravated murder when death is not imposed or murder; (2) Any rape, regardless of whether force was involved and
regardless of the age of the victim, or an attempt to commit rape
if, had
the offender completed the rape that was
attempted, the
offender
would have been subject to a sentence of
life
imprisonment or life
imprisonment without parole for the
rape; (3) Gross sexual imposition or sexual battery, if the victim
is under
thirteen
years of age and if any of the following applies: (a) Regarding gross sexual imposition, 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 the victim of the previous offense was under
thirteen years of age; (b) Regarding gross sexual imposition, the offense was committed on or after the effective date of this amendment August 3, 2006, and evidence other than the testimony of the victim was admitted in the case corroborating the violation.
(c) Regarding sexual battery, either of the following applies: (i) The offense was committed prior to the effective date of this amendment August 3, 2006, the offender previously was convicted of or pleaded guilty to rape, the former offense of felonious sexual penetration, or sexual battery, and the victim of the previous offense was under thirteen years of age. (ii) The offense was committed on or after the effective date of this amendment August 3, 2006. (4) A felony violation of section 2903.04, 2903.06,
2903.08,
2903.11, 2903.12, or
2903.13 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 that is a third degree felony and
either is a violation of section 2903.04 of the Revised Code or an attempt to commit a felony of the second degree that is an offense of violence and involved an attempt to cause serious physical harm to a person or that resulted in serious physical harm to a person if the offender previously was
convicted of or pleaded guilty to
any of the following offenses: (a) Aggravated murder, murder, involuntary manslaughter, rape, felonious sexual penetration 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; (b) 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 in division (F)(7)(a) of this section that resulted in the death of a person or in physical harm to a person. (8) 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; (9) Any offense of violence that is a felony, if the
offender wore or carried body armor while committing the felony
offense of violence, with respect to the portion of the sentence
imposed pursuant to division (D)(1)(d) of section 2929.14 of the
Revised Code for wearing or carrying the body armor; (10) 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; (11) Any violent sex offense or designated homicide, assault, or kidnapping offense if, in relation to that offense, the offender
is adjudicated a sexually violent
predator; (12) A violation of division (A)(1) or (2) of section
2921.36 of the Revised
Code, or a violation of division (C) of
that section involving an item listed
in division (A)(1) or (2) of
that section, if the offender is an officer or
employee of the
department of rehabilitation and correction;
(13) A violation of division (A)(1) or (2) of section 2903.06 of the Revised Code if the victim of the offense is a peace officer, as defined in section 2935.01 of the Revised Code, or an investigator of the bureau of criminal identification and investigation, as defined in section 2903.11 of the Revised Code, with respect to the portion of the sentence imposed pursuant to division (D)(5) of section 2929.14 of the Revised Code;
(14) A violation of division (A)(1) or (2) of section 2903.06 of the Revised Code if the offender has been convicted of or pleaded guilty to three or more violations of division (A) or (B) of section 4511.19 of the Revised Code or an equivalent offense, as defined in section 2941.1415 of the Revised Code, or three or more violations of any combination of those divisions and offenses, with respect to the portion of the sentence imposed pursuant to division (D)(6) of section 2929.14 of the Revised Code. (G) Notwithstanding divisions (A) to (E) of
this section, if
an offender is being sentenced for a fourth degree felony
OVI
offense or for a third degree felony OVI 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) If the offender is being sentenced for a fourth degree
felony
OVI offense and if the offender has not been convicted of and has not pleaded guilty to a specification of the type described in section 2941.1413 of the Revised Code, the court may impose upon the offender a
mandatory term
of local incarceration
of sixty days or one hundred
twenty days as specified
in division (G)(1)(d) of section 4511.19
of
the Revised Code. The court
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. 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 except as provided in division (A)(1) of this section. (2) If the offender is being sentenced for a third
degree
felony OVI offense,
or if the offender is being sentenced for a
fourth degree felony OVI
offense and the court does not impose a
mandatory term of local incarceration
under division (G)(1) of
this section, the court shall impose upon the
offender a mandatory prison term of one, two, three, four, or five years if the offender also is convicted of or also pleads guilty to a specification of the type described in section 2941.1413 of the Revised Code or shall impose upon the offender a mandatory
prison term of sixty days or one hundred twenty days as specified
in division (G)(1)(d) or (e)
of
section 4511.19 of the Revised Code if the offender has not been convicted of and has not pleaded guilty to a specification of that type. The
court shall not reduce the term pursuant
to section
2929.20,
2967.193, or any other provision of the Revised Code. The offender shall serve the one-, two-, three-, four-, or five-year mandatory prison term consecutively to and prior to the prison term imposed for the underlying offense and consecutively to any other mandatory prison term imposed in relation to the offense. 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 OVI offense be
sentenced to another
mandatory
term of local incarceration under
that division for any
violation of division
(A) of section 4511.19
of the Revised Code.
In addition to the mandatory prison term described in division (G)(2) of this section, the court may sentence the
offender to
a
community control
sanction under section 2929.16 or 2929.17 of
the Revised
Code, but the offender shall serve the prison term prior to serving the community control sanction.
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. Upon the establishment of the initial
intensive
program prison pursuant to section 5120.033 of the
Revised Code
that is privately operated
and managed by a
contractor pursuant to
a contract entered into under section
9.06
of the Revised Code,
both of the following apply: (a) The department of rehabilitation and correction shall
make a
reasonable effort to ensure that a sufficient number of
offenders sentenced to
a mandatory prison term under this division
are placed in the privately
operated and managed prison so that
the privately operated and managed prison
has full occupancy. (b) Unless the privately operated and managed prison has
full
occupancy, the department of rehabilitation and correction
shall not place any
offender sentenced to a mandatory prison term
under this division in any
intensive program prison established
pursuant
to section 5120.033 of the Revised Code other
than the
privately operated and managed prison. (H) If an offender is being sentenced
for a sexually
oriented offense committed on or after January 1,
1997, 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 violent sex offense or a designated homicide, assault, or kidnapping offense and, in relation to that offense, the
offender was
adjudicated a sexually
violent predator. (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. (I) If an offender is being sentenced
for a sexually
oriented offense that is not a registration-exempt sexually oriented offense or for a child-victim oriented offense committed on or after January 1,
1997, the judge
shall
include in the sentence a summary of the
offender's duties imposed under sections 2950.04, 2950.041, 2950.05, and
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. (J)(1) Except as
provided in division (J)(2) of
this
section, when considering sentencing factors under this
section in
relation to an offender who is convicted of or pleads
guilty to an
attempt to commit an offense in violation of
section 2923.02 of
the Revised Code, the sentencing court
shall consider the factors
applicable to the felony category of
the violation of section
2923.02 of the Revised
Code instead of the factors
applicable to
the felony category of the offense
attempted. (2) When considering sentencing factors under this
section
in relation to an offender who is convicted of or pleads
guilty to
an attempt to commit a drug abuse offense for which
the penalty is
determined by the amount or number of unit doses
of the controlled
substance involved in the drug abuse offense,
the sentencing court
shall consider the factors applicable to
the felony category that
the drug abuse offense attempted would
be if that drug abuse
offense had been committed and had
involved an amount or number of
unit doses of the controlled
substance that is within the next
lower range of controlled substance amounts
than was involved in
the attempt. (K) As used in this section, "drug abuse offense" has the
same meaning as in
section 2925.01 of the Revised Code. (L) At the time of sentencing an offender who is a sexual predator for any sexually oriented offense, if the offender does not serve a prison term or jail term, the court may require that the offender be monitored by means of a global positioning device. If the court requires such monitoring, the cost of monitoring shall be borne by the offender. If the offender is indigent, the cost of compliance shall be paid by the crime victims reparations fund.
Sec. 2929.14. (A) Except as provided in
division (C),
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), 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, 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)(1), (D)(2),
(D)(3), (D)(5), (D)(6), or (G) of this section, in section 2907.02 or 2907.05
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, the court shall
impose the shortest prison term authorized for the offense
pursuant to division (A) of this section, unless
one or more
of
the following applies: (1) The offender was serving a prison term at the time of
the offense, or the offender previously had served a prison term. (2) 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) Except as provided in division
(D)(1)(e) 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 2941.141, 2941.144, or
2941.145 of
the
Revised Code, the court shall impose on the offender one of
the
following prison terms: (i) A prison term of six years if the specification is 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; (ii) A prison term of three years if the specification
is 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; (iii) A prison term of one year if the specification
is 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. (b) If a
court imposes a prison term on
an
offender under
division (D)(1)(a) of this section, the prison
term 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 prison term on an
offender under
division (D)(1)(a) of this section for felonies
committed as part of
the same act or transaction. (c) Except as provided in division
(D)(1)(e)
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 other than a manufactured
home, 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
division
(D)(1)(c) of this section for felonies committed as
part of the
same
act or transaction. If a court imposes an additional prison
term on an
offender under division (D)(1)(c) of this section
relative to an offense, the court also shall
impose a prison term
under division
(D)(1)(a) 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. (d)
If an offender who is convicted of or pleads guilty to
an offense
of violence that is a felony also is convicted of or
pleads guilty to a
specification of the type described in section
2941.1411 of the Revised Code that charges the
offender with
wearing or carrying body armor
while committing the felony offense
of violence, the court shall
impose on the offender a prison term
of two years. The prison
term so imposed 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 prison term
on an offender
under division
(D)(1)(d) of this section for
felonies committed as
part of
the same act or transaction. If a
court imposes an
additional prison
term under division (D)(1)(a)
or (c)
of this
section, the
court is not precluded from imposing
an additional
prison term under
division (D)(1)(d) of this
section. (e) The court shall not impose any of the
prison terms
described in division
(D)(1)(a)
of this section or any of the
additional prison terms described in
division (D)(1)(c) of this
section upon an
offender for a
violation of section
2923.12 or
2923.123 of the Revised Code. The court shall not
impose any of
the prison terms described in
division
(D)(1)(a) of this section
or any of the additional prison terms
described in division
(D)(1)(c) of this section
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.
(f) If an offender is convicted of or pleads guilty to a
felony that includes, as an essential element, causing or
attempting to cause
the death of or physical
harm to another and
also is convicted of or pleads guilty to a
specification of the
type described in section 2941.1412 of the
Revised Code that
charges the
offender with committing the offense by discharging a
firearm at a
peace officer as defined in section 2935.01 of the
Revised Code or a corrections officer, as defined in section
2941.1412 of the Revised Code, the court, after imposing a
prison
term on the
offender for the felony offense under division (A),
(D)(2),
or
(D)(3) of this section, shall impose an additional
prison term of
seven 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 division (D)(1)(f) of
this section for
felonies
committed as
part of the same act or transaction.
If a
court
imposes an
additional prison term on an offender under
division
(D)(1)(f) of
this section relative to an offense,
the
court
shall not impose a
prison term under division (D)(1)(a)
or
(c)
of
this section
relative to the same offense. (2)(a) If division (D)(2)(b) of this section does not apply, the
court
may impose on an offender, in addition to the longest prison term
authorized or required for the offense, an additional definite prison term of one, two, three, four, five, six, seven, eight, nine, or ten years if all of the following criteria are met: (i) The offender 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. (ii) The offense of which the offender currently is convicted or to which the offender currently pleads guilty is aggravated murder and the court does not impose a sentence of death or life imprisonment without parole, murder, terrorism and the court does not impose a sentence of life imprisonment without parole, any felony of the first degree that is an offense of violence and the court does not impose a sentence of life imprisonment without parole, or any felony of the second degree that is an offense of violence and the trier of fact finds that the offense involved an attempt to cause or a threat to cause serious physical harm to a person or resulted in serious physical harm to a person. (iii) The court imposes the longest prison term for the offense that is not life imprisonment without parole. (iv) The court finds that the prison terms imposed pursuant to division (D)(2)(a)(iii) of this section and, if applicable, division (D)(1) or (3) of this section 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. (v) The court finds that the prison terms imposed pursuant to division (D)(2)(a)(iii) of this section and, if applicable, division (D)(1) or (3) of this section 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. (b) The court shall impose on an offender the longest prison term authorized or required for the offense and shall impose on the offender an additional definite prison term of one, two, three, four, five, six, seven, eight, nine, or ten years if all of the following criteria are met: (i) The offender 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.
(ii) The offender within the preceding twenty years has been convicted of or pleaded guilty to three or more offenses described in division (DD)(1) of section 2929.01 of the Revised Code, including all offenses described in that division of which the offender is convicted or to which the offender pleads guilty in the current prosecution and all offenses described in that division of which the offender previously has been convicted or to which the offender previously pleaded guilty, whether prosecuted together or separately. (iii) The offense or offenses of which the offender currently is convicted or to which the offender currently pleads guilty is aggravated murder and the court does not impose a sentence of death or life imprisonment without parole, murder, terrorism and the court does not impose a sentence of life imprisonment without parole, any felony of the first degree that is an offense of violence and the court does not impose a sentence of life imprisonment without parole, or any felony of the second degree that is an offense of violence and the trier of fact finds that the offense involved an attempt to cause or a threat to cause serious physical harm to a person or resulted in serious physical harm to a person. (c) For purposes of division (D)(2)(b) of this section, two or more offenses committed at the same time or as part of the same act or event shall be considered one offense, and that one offense shall be the offense with the greatest penalty. (d) A sentence imposed under division (D)(2)(a) or (b) of this section shall not be reduced pursuant to section 2929.20 or section 2967.193, or any other provision of Chapter 2967. or Chapter 5120. of the Revised Code. The offender shall serve an additional prison term imposed under this section consecutively to and prior to the prison term imposed for the underlying offense. (e) When imposing a sentence pursuant to division (D)(2)(a) or (b) of this section, the court shall state its findings explaining the imposed sentence. (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 or 2925.11 of
the Revised
Code and that section classifies the offender as a major drug
offender and requires the
imposition of a ten-year prison term on
the offender, if
the offender commits a felony violation of
section 2925.02,
2925.04, 2925.05,
2925.36, 3719.07, 3719.08,
3719.16, 3719.161, 4729.37, or
4729.61, division (C) or (D) of
section 3719.172, division
(C) of section 4729.51, or division (J)
of section 4729.54
of the Revised Code that includes the sale,
offer to sell,
or possession of a schedule
I or II controlled
substance, with the exception of
marihuana, and the
court imposing
sentence upon the offender finds
that the offender is guilty of a
specification of the type
described in section 2941.1410 of the
Revised Code charging
that the offender is a
major drug offender,
if the court imposing sentence upon an offender for
a felony
finds
that the 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 if the offender is guilty of
an attempted
violation of section 2907.02 of the Revised Code and, had the
offender completed the violation of section 2907.02 of the Revised
Code that was attempted, the offender would have been subject to a
sentence of life imprisonment or life imprisonment without parole
for the violation of section 2907.02 of the Revised Code, 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)(a)(iv) and (v) of this section. (4) If the offender is being sentenced for a third or fourth
degree felony
OVI offense under division (G)(2) of section
2929.13
of the Revised
Code,
the sentencing court shall impose
upon the
offender a mandatory prison term in
accordance with that
division.
In addition to the mandatory prison term, if the offender is being
sentenced for a fourth degree felony OVI offense, the court,
notwithstanding division (A)(4) of this section, may sentence the
offender to a definite prison term of not less than six months and
not more than thirty months, and if the offender is being
sentenced for a third degree felony OVI offense, the
sentencing
court may sentence the offender to an additional prison
term of
any
duration specified in division (A)(3) of this section. In
either case, the additional prison term imposed shall be reduced
by the sixty or one
hundred twenty 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
or one hundred twenty days imposed as the
mandatory prison term
shall equal a definite term in the range of six months to thirty
months for a fourth degree felony OVI offense and shall equal one
of
the authorized prison
terms specified in division (A)(3) of
this section for a third degree felony OVI offense. 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. In addition to the mandatory prison term or mandatory and additional prison term imposed as described in division (D)(4) of this section, the
court also may sentence the offender to a community
control sanction under
section 2929.16 or 2929.17 of the Revised
Code, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction.
If the offender is being sentenced for a fourth degree felony OVI offense under division (G)(1) of section 2929.13 of the Revised Code and the court imposes a mandatory term of local incarceration, the court may impose a prison term as described in division (A)(1) of that section. (5) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1414 of the
Revised Code that charges that the victim of the offense is a
peace officer, as defined in section 2935.01 of the Revised Code, or an investigator of the bureau of criminal identification and investigation, as defined in section 2903.11 of the Revised Code,
the court shall impose on the offender a prison term of five
years. If a court imposes a prison term on an offender under
division (D)(5) of this section, the prison term 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 prison term on an
offender under division (D)(5) of this section for felonies
committed as part of the same act.
(6) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1415 of the
Revised Code that charges that the offender previously has been
convicted of or pleaded guilty to three or more violations of division (A)
or (B) of section 4511.19 of the Revised Code or an equivalent
offense, as defined in section 2941.1415 of the Revised Code, or three or more violations of any combination of those divisions and offenses, the
court shall impose on the offender a prison term of three years.
If a court imposes a prison term on an offender under division
(D)(6) of this section, the prison term 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 prison term on an offender
under division (D)(6) of this section for felonies committed as
part of the same act. (E)(1)(a) Subject to division
(E)(1)(b) of this section, 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, if a mandatory prison term
is imposed
upon an
offender pursuant to division (D)(1)(c) of
this section for
committing a felony specified in that division by discharging
a
firearm from a motor vehicle, or if both types of mandatory prison
terms
are imposed, the offender shall serve
any mandatory prison
term
imposed under either division
consecutively to any other
mandatory prison term imposed under either division
or under
division (D)(1)(d) of this
section,
consecutively to and prior to
any 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. (b) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(d) of this section for
wearing or
carrying body armor while committing an offense of violence that
is a felony,
the offender shall serve the mandatory
term so
imposed consecutively to any other mandatory prison term
imposed
under that division or under division (D)(1)(a)
or (c) of
this
section, consecutively to and prior to any prison term imposed for
the underlying felony under 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. (c) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(f) of this section, the offender shall
serve the mandatory prison term so imposed consecutively to and
prior to any prison term imposed for the underlying felony under
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. (3) If a prison term is imposed for a violation of division
(B) of section 2911.01 of the Revised
Code, a violation of division (A) of section 2913.02 of the Revised Code in which the stolen property is a firearm or dangerous ordnance, or a felony violation of division
(B) of section 2921.331
of the Revised Code, the offender shall serve that
prison term
consecutively to any
other prison term or mandatory prison term
previously or subsequently
imposed upon the offender. (4) If multiple prison terms are imposed on an offender
for
convictions of multiple offenses, the court may require the
offender to serve the prison terms consecutively if the court
finds that the consecutive service is necessary to protect the
public from future crime or to punish the offender and that
consecutive sentences are not disproportionate to the seriousness
of the
offender's conduct and to the danger the offender
poses to
the public, and if the court also finds any
of the following: (a) The offender committed
one or more of 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)
At least two of the multiple offenses were committed
as
part of one or more courses of conduct, and the harm caused by
two
or more of the multiple offenses
so committed
was so great or
unusual that no single prison term for any of the
offenses
committed as part of
any of the courses 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. (5) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(5) or (6) of this section, the offender
shall serve the mandatory prison term consecutively to and prior
to any prison term imposed for the underlying violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code
pursuant to division (A) of this section. If a mandatory prison
term is imposed upon an offender pursuant to division (D)(5) of
this section, and if a mandatory prison term also is imposed upon
the offender pursuant to division (D)(6) of this section in
relation to the same violation, the offender shall serve the
mandatory prison term imposed pursuant to division (D)(5) of this
section consecutively to and prior to the mandatory prison term
imposed pursuant to division (D)(6) of this section and
consecutively to and prior to any prison term imposed for the
underlying violation of division (A)(1) or (2) of section 2903.06
of the Revised Code pursuant to division (A) of this section. (6) When consecutive prison terms are imposed pursuant
to
division (E)(1), (2), (3), (4), or (5) of this
section, the term to be
served is the aggregate of all of the terms so
imposed. (F)(1) If a court imposes a prison term for a felony of the first degree, for a felony of the second degree, for a felony sex offense, or for a felony of the third degree that is not a felony sex offense and in the commission of which the offender caused or threatened to cause physical harm to a person, 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 sentence including a prison term of a type described in this division on or after the effective date of this amendment July 11, 2006, the failure of a court to include a post-release control requirement in the sentence pursuant to this division does not negate, limit, or otherwise affect the mandatory period of post-release control that is required for the offender under division (B) of section 2967.28 of the Revised Code. Section 2929.191 of the Revised Code applies if, prior to the effective date of this amendment July 11, 2006, a court imposed a sentence including a prison term of a type described in this division and failed to include in the sentence pursuant to this division a statement regarding post-release control. (2) If a court
imposes a prison term
for a felony of the third, fourth, or fifth degree that is not subject to division (F)(1) of this 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. Section 2929.191 of the Revised Code applies if, prior to the effective date of this amendment July 11, 2006, a court imposed a sentence including a prison term of a type described in this division and failed to include in the sentence pursuant to this division a statement regarding post-release control. (G) If a person is convicted of or pleads guilty to a
violent sex
offense or a designated homicide, assault, or kidnapping offense and, in relation to that offense, the offender is adjudicated a sexually violent
predator, 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. (H) If a person who has been convicted of or pleaded guilty
to a felony is
sentenced to a prison term or term of imprisonment
under this section,
sections 2929.02 to 2929.06 of the Revised
Code, section 2971.03 of the
Revised Code, or any other provision
of law, section 5120.163 of the Revised
Code applies regarding the
person while the person is confined in a state
correctional
institution. (I) If an offender who is convicted of or pleads guilty to a
felony that is an offense of violence
also is convicted of or
pleads guilty to a specification of the
type described in section
2941.142 of the
Revised Code that charges the offender with having
committed
the felony while participating in a criminal gang, the
court shall impose upon
the offender an additional prison term of
one, two, or three years. (J) If an offender who is convicted of or pleads guilty to
aggravated murder, murder, or a
felony of the first, second, or
third degree that is an
offense of violence also is convicted of
or pleads guilty to a
specification of the type described in
section 2941.143 of the
Revised
Code that charges the offender
with having committed the offense in a school safety
zone or
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The
offender shall
serve the additional two years consecutively to and
prior to the prison term
imposed for the underlying offense. (K) At the time of sentencing, the court
may recommend the
offender for
placement in a program of shock incarceration
under
section 5120.031 of the Revised Code or for
placement
in an
intensive program prison
under
section 5120.032 of the Revised
Code, disapprove placement of the
offender in a program of shock
incarceration or
an intensive
program
prison
of that nature, or
make
no recommendation on placement of
the offender.
In no case
shall
the department of rehabilitation and correction place the
offender
in a program or prison of that nature unless the
department
determines as specified in section 5120.031 or 5120.032
of the
Revised Code, whichever is applicable, that the offender is
eligible for the placement. If the court disapproves placement of the offender in a
program or prison
of that nature, the department of rehabilitation
and correction shall not
place the offender in any program of
shock incarceration or intensive program
prison. If the court
recommends placement of the offender in
a
program of shock
incarceration or in an intensive program
prison,
and if the offender
is subsequently placed in the recommended
program or
prison, the
department shall notify the court of the
placement and shall
include with the notice a brief description of
the placement. If the court
recommends placement of the offender in
a
program of shock
incarceration or in an intensive program prison
and the department does not
subsequently place the offender in the
recommended program or prison, the
department shall send a notice
to the court indicating why the offender was
not placed in the
recommended program or prison. If the court does not make a recommendation under this
division with
respect to an
offender
and if the
department
determines as specified in section 5120.031 or 5120.032
of the
Revised Code, whichever is applicable, that the offender is
eligible for placement in a program or prison of that nature, the
department shall screen the offender and
determine if there is an
available program of shock incarceration or an
intensive program
prison for which the offender is suited. If there is an
available
program of shock incarceration or an intensive program prison for
which the offender is suited, the department shall notify the
court of the
proposed placement of the offender
as specified in
section 5120.031 or 5120.032 of the Revised Code and shall include
with the notice a brief
description of the placement. The court
shall have ten days from receipt of
the notice to disapprove the
placement.
Sec. 2941.1414. (A) Imposition of a five-year mandatory
prison term upon an offender under division (D)(5) of section
2929.14 of the Revised Code is precluded unless the offender is
convicted of or pleads guilty to violating division (A)(1) or (2)
of section 2903.06 of the Revised Code and unless the indictment,
count in the indictment, or information charging the offense
specifies that the victim of the offense is a peace officer or an investigator of the bureau of criminal identification and investigation.
The specification shall be stated at the end of the body of the
indictment, count, or information and shall be stated in
substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The
Grand Jurors (or insert the person's or the prosecuting attorney's
name when appropriate) further find and specify that (set forth
that the victim of the offense is a peace officer or an investigator of the bureau of criminal identification and investigation)."
(B) The specification described in division (A) of this
section may be used in a delinquent child proceeding in the manner
and for the purpose described in section 2152.17 of the Revised
Code.
(C) As used in this section, "peace: (1) "Peace officer" has the same
meaning as in section 2935.01 of the Revised Code.
(2) "Investigator of the bureau of criminal identification and investigation" has the same meaning as in section 2903.11 of the Revised Code.
Section 2. That existing sections 109.761, 109.802, 2921.51, 2929.13, 2929.14, and 2941.1414 and section 109.803 of the Revised Code are hereby repealed.
Section 3. All items in this section are hereby appropriated as designated out of any moneys in the state treasury to the credit of the General Services Fund Group. For all appropriations made in this act, the amounts in the first column are for fiscal year 2006, and the amounts in the second column are for fiscal year 2007. The appropriations made in this act are in addition to any other appropriations made for the 2005-2007 biennium. AGO ATTORNEY GENERAL
General Services Fund Group
5L5 |
055-619 |
|
Law Enforcement
Assistance Fund |
|
$ |
0 |
|
$ |
5,000,000 |
TOTAL GSF General Services Fund Group |
|
$ |
0 |
|
$ |
5,000,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
0 |
|
$ |
5,000,000 |
LAW ENFORCEMENT ASSISTANCE FUND
Notwithstanding section 109.081 of the Revised Code, on the effective date of this section, or as soon as practicable thereafter, the Director of Budget and Management shall transfer $5,000,000 in cash from the Attorney General Claims Fund (Fund 419) to the Law Enforcement Assistance Fund (Fund 5L5). The foregoing appropriation item 055-619, Law Enforcement Assistance Fund, shall be used by the Attorney General pursuant to division (A) of section 109.802 of the Revised Code.
Section 4. Within the limits set forth in this act, the Director of Budget and Management shall establish accounts indicating the source and amount of money for each appropriation made in this act and shall determine the form and manner in which appropriation accounts shall be maintained. Expenditures from appropriations contained in this act shall be accounted for as though made in Am. Sub. H.B. 66 of the 126th General Assembly.
Section 5. The uncodified sections of law contained in this act, and the items of law of which the uncodified sections of law contained in this act are composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the uncodified sections of law contained in this act, and the items of law of which the uncodified sections of law contained in this act are composed, take effect on the ninety-first day after this act is filed with the Secretary of State.
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