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(127th General Assembly)
(Amended Substitute House Bill Number 280)
AN ACT
To amend sections 2151.421, 2903.11, 2903.12,
2903.13, 2905.01,
2905.02, 2907.21, 2907.22,
2907.323, 2919.22,
2919.25, 2923.32, 2929.01,
2929.13, 2929.14,
2929.18, 2929.24, 3702.30, and
4731.22 and
to
enact sections 2941.1422,
2941.1423, and 3701.791
of the Revised Code to
require facilities that
perform abortions to
display a sign; to enhance
the criminal penalty
for domestic violence when
the offender knew the
victim was pregnant at the
time of the offense;
to require a mandatory jail
term or mandatory
prison term for felonious
assault, aggravated
assault, and assault if the
offender is convicted
of a specification that the
victim was a woman
that the offender knew was
pregnant
at the time
of the offense; to require a
mandatory prison
term and payment of restitution
to the victim for
kidnapping, abduction,
compelling prostitution,
promoting prostitution,
illegal use of a minor in
a nudity-oriented
material or performance in
specified
circumstances,
endangering children in
specified
circumstances, and engaging in a
pattern of
corrupt activity if the offender is
convicted of a
specification that the
offender
knowingly
committed the offense in
furtherance
of human
trafficking; to increase
the penalty
for
engaging in a pattern of corrupt
activity if
the
offender is convicted of a
specification of
that
nature; to strongly encourage the Attorney
General to establish a Trafficking in Persons
Study Commission to study and review the problem
of trafficking in persons and the relevant
criminal law and to develop recommendations,
including recommendations to improve or expand the
criminal law, to address the problem; to
provide
that reports of other incidents of known
or
suspected
child abuse
or neglect may be used in
a civil action against a
person who is
alleged
to
have failed to report known or
suspected
child
abuse
or neglect; and to provide that a
person who
fails to report
known or suspected
child abuse or
neglect is
liable for
compensatory and exemplary
damages to the child
who
would have
been the
subject of the report
that was not made.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 2151.421, 2903.11, 2903.12,
2903.13, 2905.01,
2905.02, 2907.21, 2907.22, 2907.323, 2919.22,
2919.25, 2923.32,
2929.01, 2929.13, 2929.14, 2929.18, 2929.24,
3702.30, and 4731.22
be
amended and sections 2941.1422,
2941.1423, and 3701.791 of the
Revised Code be enacted to
read
as follows:
Sec. 2151.421. (A)(1)(a) No person described in division
(A)(1)(b) of this section who is acting in an
official or
professional capacity and knows, or has reasonable cause to
suspect based on facts that would cause a reasonable person in a
similar position to suspect, that a child under
eighteen years of
age or a mentally
retarded, developmentally
disabled, or
physically impaired child under
twenty-one years of
age has
suffered or faces a
threat of suffering any physical or
mental
wound, injury,
disability, or condition of a nature that
reasonably indicates
abuse or neglect of the child shall fail to
immediately report
that knowledge or reasonable cause to suspect
to the entity or
persons specified in this division. Except as
provided in section
5120.173 of the Revised Code, the person
making the report shall
make it to the public
children services
agency or a municipal or
county peace officer in
the county in
which the child resides or
in which the abuse or
neglect is
occurring or has occurred.
In the
circumstances described in
section 5120.173 of the Revised Code,
the person making the report
shall make it to the entity specified
in that section.
(b) Division (A)(1)(a)
of this section applies to any person
who is an attorney;
physician, including a hospital intern or
resident; dentist;
podiatrist; practitioner of a limited branch of
medicine
as specified in section 4731.15 of the Revised
Code;
registered nurse;
licensed practical nurse; visiting nurse; other
health care
professional; licensed psychologist; licensed school
psychologist; independent marriage and family therapist or
marriage and family therapist; speech pathologist or audiologist;
coroner;
administrator or employee of a child day-care center;
administrator or
employee of a residential camp or child day camp;
administrator or employee of a certified child care agency or
other public or private children services agency; school
teacher;
school employee; school authority; person engaged in
social work
or the practice of professional counseling; agent of a county
humane society; person, other than a cleric, rendering
spiritual
treatment through prayer in
accordance with the tenets
of a
well-recognized religion; employee of a county department of job
and family services who is a professional and who works with
children and families; superintendent, board member, or
employee
of a county board of mental retardation; investigative
agent
contracted with by a county board of mental retardation;
employee
of the department of mental retardation and developmental
disabilities; employee of a facility or home that provides respite
care in accordance with section 5123.171 of the Revised Code;
employee of a home health agency; employee of an entity that
provides homemaker services; a person performing the duties of an
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;
or third party employed by a public children services agency to
assist in providing child or family related services.
(2) Except as provided in division (A)(3) of this section, an
attorney or a physician is not required to make a
report
pursuant
to division (A)(1) of this section concerning any
communication
the attorney or physician
receives from a
client or
patient in an
attorney-client or physician-patient
relationship,
if, in
accordance with division (A) or (B)
of section
2317.02 of
the
Revised Code, the attorney or physician could not
testify with
respect to that communication in a civil or criminal proceeding.
(3) The client or patient in an attorney-client or
physician-patient relationship described in division (A)(2) of
this section is deemed to have waived any
testimonial
privilege
under division (A) or (B) of section 2317.02
of the
Revised
Code
with respect to any communication the attorney or physician
receives from the client or patient in that attorney-client or
physician-patient relationship, and the
attorney or physician
shall
make a report pursuant to division
(A)(1) of this section
with
respect to that communication, if all
of the following apply:
(a) The client or patient, at the time of the communication,
is
either a child under eighteen years of age or a
mentally
retarded, developmentally disabled, or
physically impaired person
under twenty-one
years of age.
(b) The attorney or physician knows, or has reasonable cause
to suspect based on facts that would cause a reasonable person in
similar position to suspect, as a result
of the
communication or
any observations made during that
communication,
that the client
or patient has suffered or faces a
threat of suffering
any
physical or mental wound, injury,
disability, or condition of a
nature that reasonably indicates
abuse or neglect of the client or
patient.
(c) The abuse or neglect
does not
arise out of
the client's
or patient's attempt to have an
abortion without the
notification
of her parents, guardian, or
custodian in accordance with section
2151.85 of the Revised Code.
(4)(a) No cleric and no person, other than a volunteer,
designated by any church, religious society, or faith acting as a
leader, official, or delegate on behalf of the church, religious
society, or faith who is acting in an official or professional
capacity, who knows, or has reasonable cause to believe based on
facts that would cause a reasonable person in a similar position
to believe, that a child under eighteen years of age or a mentally
retarded, developmentally disabled, or physically impaired child
under twenty-one years of age has suffered or faces a threat of
suffering any physical or mental wound, injury, disability, or
condition of a nature that reasonably indicates abuse or neglect
of the child, and who knows, or has reasonable cause to believe
based on facts that would cause a reasonable person in a similar
position to believe, that another cleric or another person, other
than a volunteer, designated by a church, religious society, or
faith acting as a leader, official, or delegate on behalf of the
church, religious society, or faith caused, or poses the threat of
causing, the wound, injury, disability, or condition that
reasonably indicates abuse or neglect shall fail to immediately
report that knowledge or reasonable cause to believe to the entity
or persons specified in this division. Except as provided in
section 5120.173 of the Revised Code, the person making the report
shall make it to the public children services agency or a
municipal or county peace officer in the county in which the child
resides or in which the abuse or neglect is occurring or has
occurred. In the circumstances described in section 5120.173 of
the Revised Code, the person making the report shall make it to
the entity specified in that section.
(b) Except as provided in division (A)(4)(c) of this section,
a cleric is not required to make a report pursuant to division
(A)(4)(a) of this section concerning any communication the cleric
receives from a penitent in a cleric-penitent relationship, if, in
accordance with division (C) of section 2317.02 of the Revised
Code, the cleric could not testify with respect to that
communication in a civil or criminal proceeding.
(c) The penitent in a cleric-penitent relationship described
in division (A)(4)(b) of this section is deemed to have waived any
testimonial privilege under division (C) of section 2317.02 of the
Revised Code with respect to any communication the cleric receives
from the penitent in that cleric-penitent relationship, and the
cleric shall make a report pursuant to division (A)(4)(a) of this
section with respect to that communication, if all of the
following apply:
(i) The penitent, at the time of the communication, is either
a child under eighteen years of age or a mentally retarded,
developmentally disabled, or physically impaired person under
twenty-one years of age.
(ii) The cleric knows, or has reasonable cause to believe
based on facts that would cause a reasonable person in a similar
position to believe, as a result of the communication or any
observations made during that communication, the penitent has
suffered or faces a threat of suffering any physical or mental
wound, injury, disability, or condition of a nature that
reasonably indicates abuse or neglect of the penitent.
(iii) The abuse or neglect does not arise out of the
penitent's attempt to have an abortion performed upon a child
under eighteen years of age or upon a mentally retarded,
developmentally disabled, or physically impaired person under
twenty-one years of age without the notification of her parents,
guardian, or custodian in accordance with section 2151.85 of the
Revised Code.
(d) Divisions (A)(4)(a) and (c) of this section do not apply
in a cleric-penitent relationship when the disclosure of any
communication the cleric receives from the penitent is in
violation of the sacred trust.
(e) As used in divisions (A)(1) and (4) of this section,
"cleric" and "sacred trust" have the same meanings as in section
2317.02 of the Revised Code.
(B)
Anyone
who knows, or has reasonable cause to suspect
based on facts that would cause a reasonable person in similar
circumstances to suspect, that a child under
eighteen
years of age
or
a mentally
retarded, developmentally disabled, or
physically
impaired person
under twenty-one years of age has
suffered or
faces a
threat of suffering any physical or mental
wound, injury,
disability, or other condition of a nature that
reasonably
indicates abuse or neglect of the child may report or
cause
reports to be made of that knowledge or reasonable cause to
suspect
to the
entity or persons specified in this division.
Except as provided
in section 5120.173 of the Revised Code, a
person making a report
or causing a report to be made under this
division shall make it
or cause it to be made to the public
children services agency or
to a municipal
or
county peace
officer.
In the circumstances
described in section 5120.173 of the
Revised Code, a person making
a report or causing a report to be
made under this division shall
make it or cause it to be made to
the entity specified in that
section.
(C) Any report made pursuant to division (A) or (B) of
this
section shall be made forthwith either by telephone or in person
and shall be followed by a written report, if requested
by the
receiving agency or officer. The written report shall
contain:
(1) The names and addresses of the child and the child's
parents
or the person or persons having custody of the child, if
known;
(2) The child's age and the nature and extent of the
child's
injuries, abuse, or neglect that is known or reasonably suspected
or believed, as applicable, to have occurred or of the
threat of
injury, abuse, or neglect that is known or reasonably suspected or
believed, as applicable, to exist, including
any
evidence of
previous injuries, abuse, or neglect;
(3) Any other information that might be helpful in
establishing the cause of the injury, abuse,
or
neglect that is
known or reasonably suspected or believed, as applicable, to have
occurred or of the threat of injury, abuse,
or
neglect that is
known or reasonably suspected or believed, as applicable, to
exist.
Any person, who is required by division (A) of this section
to report child abuse or child neglect that is known or reasonably
suspected or believed to have occurred, may
take or cause to be
taken color photographs of areas of trauma
visible on a child and,
if medically indicated, cause to be
performed radiological
examinations of the child.
(D) As used in this division, "children's advocacy center"
and "sexual abuse of a child" have the same meanings as in section
2151.425 of the Revised Code.
(1)
When a municipal or county peace
officer receives a
report concerning the possible
abuse or neglect
of a child or the
possible threat of abuse or
neglect of a child,
upon receipt of
the report, the municipal or county peace officer
who
receives the
report shall refer the report to the appropriate
public children
services
agency.
(2)
When a public children services agency
receives a report
pursuant to this
division or
division (A) or
(B)
of this section,
upon receipt of the report, the public
children
services
agency
shall do both of the following:
(a) Comply with section 2151.422 of
the Revised
Code;
(b) If the county served by the agency is also served by a
children's advocacy center and the report alleges sexual abuse of
a child or another type of abuse of a child that is specified in
the memorandum of understanding that creates the center as being
within the center's jurisdiction, comply regarding the report with
the protocol and procedures for referrals and investigations, with
the coordinating activities, and with the authority or
responsibility for performing or providing functions, activities,
and services stipulated in the interagency agreement entered into
under section 2151.428 of the Revised Code relative to that
center.
(E) No township, municipal, or county peace officer shall
remove a child
about whom a report is made pursuant to this
section from the child's parents,
stepparents, or guardian or any
other persons having custody of the child
without consultation
with the
public children services agency, unless,
in
the judgment
of the officer, and, if the
report was made by physician, the
physician,
immediate removal is considered essential to protect
the child
from further abuse or neglect.
The agency that
must be
consulted shall be the agency conducting the
investigation of the
report as determined pursuant to section
2151.422 of the Revised
Code.
(F)(1) Except as
provided in section 2151.422 of the Revised
Code or in an interagency agreement entered into under section
2151.428 of the Revised Code that applies to the particular
report, the public
children
services agency shall investigate,
within twenty-four
hours, each
report of child
abuse or child
neglect that is known or reasonably suspected or believed to have
occurred and of
a threat of child
abuse or child neglect that is
known or reasonably suspected or believed to exist that
is
referred to it under this section
to determine the
circumstances
surrounding the injuries, abuse, or
neglect or the
threat of
injury, abuse, or neglect, the cause of
the injuries,
abuse,
neglect, or threat, and the person or persons
responsible.
The
investigation shall be made in cooperation with
the law
enforcement agency and in accordance with the memorandum
of
understanding
prepared under
division (J) of this section. A
representative of the public children services agency shall, at
the time of initial contact with the person subject to the
investigation, inform the person of the specific complaints or
allegations made against the person. The information shall be
given in a manner that is consistent with division (H)(1) of this
section and protects the rights of the person making the report
under this section.
A
failure to make the investigation in accordance with the
memorandum is
not grounds for, and shall not result in,
the
dismissal of any charges or complaint arising from the report or
the suppression of any evidence obtained as a result of the
report
and does not give, and shall not be construed as giving,
any
rights or any grounds for appeal or post-conviction relief to
any
person. The public
children
services agency shall report each
case
to the uniform statewide automated child welfare information
system that
the department of job and family
services
shall
maintain in accordance with section 5101.13 of the Revised Code.
The
public children services agency
shall submit a report of its
investigation,
in writing, to the law
enforcement agency.
(2) The public children
services agency shall make any
recommendations to the
county
prosecuting attorney or city
director of law that it considers
necessary to protect any
children that are brought to its
attention.
(G)(1)(a) Except as provided in division (H)(3) of this
section, anyone or any hospital, institution, school, health
department, or agency participating in the making of reports
under
division (A) of this section, anyone or any hospital,
institution,
school, health department, or agency participating
in good faith
in the making of reports under division (B) of this
section, and
anyone participating in good faith in a judicial
proceeding
resulting from the reports, shall be immune from any
civil or
criminal liability for injury, death, or loss to person
or
property that otherwise might be incurred or imposed as a
result
of the making of the reports or the participation in the
judicial
proceeding.
(b) Notwithstanding section 4731.22 of the
Revised Code, the
physician-patient privilege shall not be a
ground for excluding
evidence regarding a child's injuries,
abuse, or neglect, or the
cause of the injuries, abuse, or
neglect in any judicial
proceeding resulting from a report
submitted pursuant to this
section.
(2) In any civil or criminal action or proceeding in which
it
is alleged and proved that participation in the making of a
report
under this section was not in good faith or participation
in a
judicial proceeding resulting from a report made under this
section was not in good faith, the court shall award the
prevailing party reasonable attorney's fees and costs and, if a
civil action or proceeding is voluntarily dismissed, may award
reasonable attorney's fees and costs to the party against whom
the
civil action or proceeding is brought.
(H)(1) Except as provided in divisions (H)(4) and
(M)(N)
of
this
section, a report made under this section is confidential.
The
information provided in a report made pursuant to this
section
and
the name of the person who made the report shall not
be
released
for use, and shall not be used, as evidence in any
civil
action or
proceeding brought against the person who made
the
report. Nothing
in this division shall preclude the use of
reports of other
incidents of known or suspected abuse or neglect
in a civil action
or proceeding brought pursuant to division (M)
of this section
against a person who is alleged to have violated
division (A)(1)
of this section, provided that any information in
a report that
would identify the child who is the subject of the
report or the
maker of the report, if the maker of the report is
not the
defendant or an agent or employee of the defendant, has
been
redacted. In a
criminal proceeding, the report is
admissible
in
evidence in
accordance with the Rules of Evidence
and is
subject
to discovery
in accordance with the Rules of
Criminal
Procedure.
(2) No person shall permit or encourage the unauthorized
dissemination of the contents of any report made under this
section.
(3) A person who knowingly makes or causes another person
to
make a false report under division (B) of this section that
alleges that any person has committed an act or omission that
resulted in a child being an abused child or a neglected child is
guilty of a violation of section 2921.14 of the Revised Code.
(4) If a report is made pursuant to division (A) or
(B) of
this section and the child who is the subject of the report
dies
for any reason at any time after the report is made, but before
the child
attains eighteen years of age, the public
children
services agency or municipal or county peace officer to which the
report was made or referred, on the request of the child fatality
review
board,
shall submit a summary sheet of information
providing a summary of the
report to the review board of the
county in which the deceased
child resided at the time of death.
On the request of the review
board, the agency or peace officer
may, at its discretion, make
the report available to the review
board. If the county served by the public children services agency
is also served by a children's advocacy center and the report of
alleged sexual abuse of a child or another type of abuse of a
child is specified in the memorandum of understanding that creates
the center as being within the center's jurisdiction, the agency
or center shall perform the duties and functions specified in this
division in accordance with the interagency agreement entered into
under section 2151.428 of the Revised Code relative to that
advocacy center.
(5) A public children services agency shall advise
a person
alleged to have inflicted abuse or neglect on a child
who is the
subject of a report made pursuant to this section, including a
report alleging sexual abuse of a child or another type of abuse
of a child referred to a children's advocacy center pursuant to an
interagency agreement entered into under section 2151.428 of the
Revised Code, in writing
of
the
disposition of the investigation.
The agency shall not
provide to the person
any information that
identifies the
person
who made the report, statements of
witnesses, or police or other
investigative reports.
(I) Any report that is required by this section, other than
a
report that is made to the state highway patrol as described in
section 5120.173 of the Revised Code, shall
result
in protective
services and emergency supportive services
being
made available by
the public children services
agency on behalf of
the children
about whom
the report is made, in an effort to
prevent further
neglect or
abuse, to enhance their welfare, and,
whenever
possible, to
preserve the family unit intact.
The agency
required
to provide the services shall be the agency conducting
the
investigation of the report pursuant to section 2151.422 of
the
Revised
Code.
(J)(1) Each public children services agency shall prepare
a
memorandum of understanding that is signed by all of the
following:
(a) If there is
only one juvenile judge in the county, the
juvenile judge of the
county or the juvenile judge's
representative;
(b) If there is more than
one juvenile
judge in the county,
a
juvenile judge or the
juvenile judges' representative selected
by
the juvenile judges
or, if they are unable to do so for any
reason, the juvenile judge who is
senior in point of
service or
the senior juvenile judge's representative;
(c) The county
peace officer;
(d) All
chief municipal peace officers within the county;
(e) Other law enforcement officers handling child abuse and
neglect cases in the county;
(f) The prosecuting
attorney of the county;
(g) If the public children services agency is not the county
department of
job and family services, the county department of
job and family services;
(h) The county humane society;
(i) If the public children services agency participated in
the execution of a memorandum of understanding under section
2151.426 of the Revised Code establishing a children's advocacy
center, each participating member of the children's advocacy
center established by the memorandum.
(2) A memorandum of understanding shall set forth the normal
operating procedure to be employed by
all concerned officials in
the execution of their respective
responsibilities under this
section and division (C) of section
2919.21, division (B)(1) of
section 2919.22, division (B) of
section 2919.23, and section
2919.24 of the Revised Code and
shall have as two of its primary
goals the elimination of all
unnecessary interviews of children
who are the subject of reports
made pursuant to division (A) or
(B) of this section and, when
feasible, providing for only one
interview of a child who is the
subject of any report made
pursuant to division (A) or (B) of
this section. A failure to
follow the procedure set forth in the
memorandum by
the concerned
officials is not grounds for, and shall not result in, the
dismissal of any charges or complaint arising from any reported
case of abuse or neglect or the suppression of any evidence
obtained as a result of any reported child abuse or child neglect
and does not give, and shall not be construed as giving, any
rights or any grounds for appeal or post-conviction relief to any
person.
(3) A memorandum of understanding shall include all of the
following:
(a) The roles
and responsibilities for handling emergency
and
nonemergency cases of abuse and neglect;
(b) Standards and procedures to be used in handling and
coordinating investigations of reported cases of child abuse and
reported cases of child neglect, methods to be used in
interviewing the child who is the subject of the report and who
allegedly was abused or neglected, and standards and procedures
addressing the categories of persons who may interview the child
who is the subject of the report and who allegedly was abused or
neglected.
(4) If a public children services agency participated in the
execution of a memorandum of understanding under section 2151.426
of the Revised Code establishing a children's advocacy center, the
agency shall incorporate the contents of that memorandum in the
memorandum prepared pursuant to this section.
(5) The clerk of the court of common pleas in the county may
sign the memorandum of understanding prepared under division
(J)(1) of this section. If the clerk signs the memorandum of
understanding, the clerk shall execute all relevant
responsibilities as required of officials specified in the
memorandum.
(K)(1) Except as provided in division
(K)(4) of this
section,
a person who is required to make
a report pursuant to
division (A)
of this section may
make a reasonable number of
requests of the
public children services
agency that receives or
is
referred the
report, or of the children's advocacy center that is referred the
report if the report is referred to a children's advocacy center
pursuant to an interagency agreement entered into under section
2151.428 of the Revised Code, to be provided with
the following
information:
(a) Whether the agency or center has initiated an
investigation of the
report;
(b) Whether the agency or center is continuing to
investigate
the
report;
(c) Whether the agency or center is otherwise
involved
with
the child
who is the subject of the report;
(d) The general status of the health and safety of the
child
who is the subject of the report;
(e) Whether the report has resulted in the filing of a
complaint in juvenile court or of criminal charges in another
court.
(2) A person may request the information specified in
division (K)(1) of this
section only if, at the time the report is
made, the person's name, address,
and telephone number are
provided to the person who receives the report.
When a municipal or county peace officer or employee of a
public children services
agency
receives a report pursuant to
division (A) or
(B) of this section the recipient of the report
shall inform the person of the
right to request the
information
described in division (K)(1) of this section. The recipient of
the
report shall include in the initial child abuse or child
neglect
report that the person making the report was so informed
and, if
provided at the time of the making of the report, shall
include
the person's name, address, and telephone number in the
report.
Each request is subject to verification of the identity of
the person making
the
report. If that person's
identity is
verified, the agency shall
provide the person with
the information
described in division (K)(1) of this section
a reasonable number
of times, except that the agency shall not disclose
any
confidential information
regarding the child who is the subject of
the report other than
the information described in those
divisions.
(3) A request made pursuant to division (K)(1) of this
section is not a
substitute for any report required to be made
pursuant to division (A) of this
section.
(4) If an agency other than the agency that
received or was
referred the report is conducting the
investigation of the report
pursuant to section 2151.422 of the
Revised
Code, the agency
conducting the
investigation shall comply with the requirements of
division
(K) of this section.
(L) The director of job and
family services shall
adopt
rules
in accordance
with Chapter 119. of the Revised Code to
implement
this section. The department of job and family services
may
enter
into a
plan of cooperation with
any other governmental
entity to
aid in ensuring that children
are protected from abuse
and
neglect. The department shall make
recommendations to the
attorney
general that the department
determines are necessary to
protect
children from child abuse and
child neglect.
(M) Whoever violates division (A) of this section is liable
for compensatory and exemplary damages to the child who would have
been the subject of the report that was not made. A person who
brings a civil action or proceeding pursuant to this division
against a person who is alleged to have violated division (A)(1)
of this section may use in the action or proceeding reports of
other incidents of known or suspected abuse or neglect, provided
that any information in a report that would identify the child who
is the subject of the report or the maker of the report, if the
maker is not the defendant or an agent or employee of the
defendant, has been redacted.
(N)(1) As used in this division:
(a) "Out-of-home care" includes a nonchartered nonpublic
school if the alleged child abuse or child neglect, or alleged
threat of child abuse or child neglect, described in a report
received by a public children services agency allegedly occurred
in or involved the nonchartered nonpublic school and the alleged
perpetrator named in the report holds a certificate, permit, or
license issued by the state board of education under section
3301.071 or Chapter 3319. of the Revised Code.
(b) "Administrator, director, or other chief administrative
officer" means the superintendent of the school district if the
out-of-home care entity subject to a report made pursuant to this
section is a school operated by the district.
(2) No later than the end of the day
following the day on
which a public children services agency
receives a report of
alleged child abuse or child
neglect, or a report of an alleged
threat of child abuse or child
neglect, that allegedly occurred in
or involved an out-of-home
care entity, the agency shall provide
written notice
of the allegations contained in and the person
named as the alleged
perpetrator in the report to the
administrator, director, or other chief
administrative officer of
the out-of-home care entity that is the
subject of the report
unless the administrator, director, or
other chief administrative
officer is named as an alleged
perpetrator in the report. If the
administrator, director, or
other chief administrative officer of
an out-of-home care entity
is named as an alleged perpetrator in a
report of alleged child
abuse or child neglect, or a report of an
alleged threat of child
abuse or child neglect, that allegedly
occurred in or involved
the out-of-home care entity, the agency
shall provide the written notice
to
the owner or governing board
of the out-of-home care entity that
is the subject of the report.
The agency
shall not provide
witness statements or police or other
investigative reports.
(3) No later than three days after the day on
which a public
children services agency that
conducted the investigation as
determined pursuant to section 2151.422
of the Revised Code makes
a
disposition of an investigation involving a report of alleged
child abuse or child neglect, or a report of an alleged threat of
child abuse or child neglect, that allegedly occurred in or
involved an out-of-home care entity, the
agency
shall send written
notice of the disposition of the
investigation to the
administrator, director, or other chief
administrative officer and
the owner or governing board of the
out-of-home care entity. The
agency shall
not provide witness
statements or police or other
investigative reports.
Sec. 2903.11. (A) No person shall knowingly do either of the
following:
(1) Cause serious physical harm to another or to another's
unborn;
(2) Cause or attempt to cause physical harm to another or to
another's
unborn by means of a deadly weapon or dangerous
ordnance.
(B) No person, with knowledge that the person has tested
positive as a
carrier of a virus that causes acquired
immunodeficiency syndrome, shall
knowingly do any of the
following:
(1) Engage in sexual conduct with another person without
disclosing that
knowledge to the other person prior to engaging in
the sexual conduct;
(2) Engage in sexual conduct with a person whom the offender
knows or has
reasonable cause to believe lacks
the mental capacity
to appreciate the significance of the knowledge that the
offender
has tested positive as a carrier of a virus that causes acquired
immunodeficiency syndrome;
(3) Engage in sexual conduct with a person under eighteen
years of age who
is not the spouse of the offender.
(C) The prosecution of a person under this section does not
preclude prosecution of that person under
section 2907.02 of the
Revised Code.
(D)(1)(a) Whoever violates this section is guilty of
felonious
assault,. Except as otherwise provided in this division
or division (D)(1)(b) of this section, felonious
assault is
a
felony of
the second degree. If the victim of a
violation of
division (A) of this section is a peace officer or an
investigator of the bureau of criminal identification and
investigation, felonious assault
is a
felony
of the first degree.
If
(b) Regardless of whether the felonious assault is a felony
of the first or
second degree under division (D)(1)(a) of this
section, if the offender also is
convicted of or pleads guilty to
a specification as described in
section 2941.1423 of the Revised
Code that was included in the
indictment, count in the
indictment, or information charging the
offense, except as
otherwise provided in this division or unless a longer prison term
is required under any other provision of law, the court
shall
sentence the offender to a mandatory prison term as provided
in
division (D)(8) of section 2929.14 of the Revised Code. If the
victim of the offense is a peace officer or an investigator
of
the bureau of criminal identification and investigation, and if
the victim suffered
serious physical harm as a result of the
commission of the offense, felonious
assault is a felony of the
first degree, and the court, pursuant to division
(F) of section
2929.13 of the Revised Code, shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the first
degree.
(2) In addition to any other sanctions imposed pursuant to
division (D)(1) of this section for felonious assault committed in
violation of division (A)(2) of this section, if the deadly weapon
used in the commission of the violation is a motor vehicle, the
court shall impose upon the offender a class two suspension of the
offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege as specified in division (A)(2) of section
4510.02 of the Revised Code.
(E) As used in this section:
(1) "Deadly weapon" and "dangerous ordnance" have the same
meanings as in
section 2923.11 of the Revised Code.
(2) "Motor vehicle" has the same meaning as in section
4501.01 of the Revised Code.
(3) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(4) "Sexual conduct" has the same meaning as in section
2907.01 of the Revised Code,
except that, as used in this section,
it does not include the insertion of an
instrument, apparatus, or
other object that is not a part of the body into the
vaginal or
anal opening of another, unless the offender knew at the time of
the
insertion that the instrument, apparatus, or other object
carried the
offender's bodily fluid.
(5) "Investigator of the bureau of criminal identification
and investigation" means an investigator of the bureau of criminal
identification and investigation who is commissioned by the
superintendent of the bureau as a special agent for the purpose of
assisting law enforcement officers or providing emergency
assistance to peace officers pursuant to authority granted under
section 109.541 of the Revised Code.
(6) "Investigator" has the same meaning as in section 109.541
of the Revised Code.
Sec. 2903.12. (A) No person, while under the influence of
sudden passion or in a sudden fit of rage, either of which is
brought on by serious provocation occasioned by the victim that
is
reasonably sufficient to incite the person into using deadly
force, shall knowingly:
(1) Cause serious physical harm to another or to another's
unborn;
(2) Cause or attempt to cause physical harm to another or to
another's
unborn by
means of a deadly weapon or dangerous
ordnance, as defined in
section 2923.11 of the Revised Code.
(B) Whoever violates this section is guilty of aggravated
assault,. Except as otherwise provided in this division,
aggravated assault is a felony of the fourth degree. If the victim
of the
offense is a peace officer or an investigator of the bureau
of criminal identification and investigation, aggravated assault
is a felony of the third
degree. Regardless of whether the offense
is a felony of the third or fourth degree under this division, if
the offender also is convicted of or pleads guilty to a
specification as described in section 2941.1423 of the Revised
Code that was included in the indictment, count in the indictment,
or information charging the offense, except as otherwise provided
in this division, the court shall sentence the offender to a
mandatory prison term as provided in division (D)(8) of section
2929.14 of the Revised Code. If the victim of the offense is a
peace officer or an investigator of the bureau of criminal
identification and investigation, and if the
victim suffered
serious physical harm as a result of the commission of the
offense, aggravated assault is a felony of the third degree, and
the court,
pursuant to division (F) of section 2929.13 of the
Revised
Code, shall impose as a mandatory prison term one of the
prison terms
prescribed for a felony of the third degree.
(C) As used in this section:
(1) "Investigator of the bureau of criminal identification
and investigation" has the same meaning as in section 2903.11 of
the Revised Code.
(2) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
Sec. 2903.13. (A) No person shall knowingly cause or
attempt
to cause physical harm to another or to another's unborn.
(B) No person shall recklessly cause serious physical harm
to
another or to another's unborn.
(C) Whoever violates this section is guilty of assault, and
the court shall sentence the offender as provided in this division
and divisions (C)(1), (2), (3), (4), (5), and (6) of this section.
Except as otherwise provided in division (C)(1), (2), (3),
(4),
or
(5) of
this section, assault is a
misdemeanor of the first
degree.
(1) Except as otherwise provided in this division, if the
offense is committed by a caretaker against a
functionally
impaired person under the caretaker's care, assault is
a felony
of
the fourth degree. If the offense is committed by a caretaker
against a functionally impaired person under the caretaker's care,
if the
offender previously has been convicted of or pleaded guilty
to a
violation of this section or section 2903.11 or 2903.16 of
the
Revised Code, and if in relation to the previous conviction
the
offender was a caretaker and the victim was a functionally
impaired person under the offender's care, assault is a felony of
the third degree.
(2) If the offense is committed in any of the following
circumstances, assault is a felony of the fifth degree:
(a) The offense occurs in or on the grounds of a state
correctional institution or an institution of the department of
youth services, the victim of the offense is an employee of the
department of rehabilitation and correction, the department of
youth services, or a probation department or is on the premises
of
the particular institution for business purposes or as a
visitor,
and the offense is committed by a person incarcerated in
the state
correctional institution, by a person institutionalized in
the
department of youth services institution pursuant to a
commitment
to the department of youth services, by a
parolee,
by an offender
under transitional
control, under
a community
control sanction, or
on an escorted visit, by a person under
post-release control,
or
by an
offender under any other type of
supervision by a government
agency.
(b) The offense occurs in or on the grounds of a local
correctional facility, the victim of the offense is an employee
of
the local correctional facility or a probation department or
is on
the premises of the facility for business purposes or as a
visitor, and the offense is committed by a person who is under
custody in the facility subsequent to the person's arrest for any
crime or
delinquent act, subsequent to the person's being charged
with or
convicted
of any crime, or subsequent to the person's
being alleged to be or
adjudicated a delinquent child.
(c) The offense occurs off the grounds of a state
correctional institution and off the grounds of an institution of
the department of youth services, the victim of the offense is an
employee of the department of rehabilitation and correction, the
department of youth services, or a probation department, the
offense occurs during the employee's official work hours and
while
the employee is engaged in official work responsibilities, and
the
offense is committed by a person incarcerated in a state
correctional institution or institutionalized in the department
of
youth services who temporarily is outside of the institution
for
any purpose, by a
parolee,
by an offender under
transitional
control, under a
community control sanction, or on an
escorted
visit, by a person under
post-release control, or by an
offender
under any other type of supervision by
a government
agency.
(d) The offense occurs off the grounds of a local
correctional facility, the victim of the offense is an employee
of
the local correctional facility or a probation department, the
offense occurs during the employee's official work hours and
while
the employee is engaged in official work responsibilities, and
the
offense is committed by a person who is under custody in the
facility subsequent to the person's arrest for any crime or
delinquent
act, subsequent to the person being charged with or
convicted of any
crime, or subsequent to the person being alleged
to be or
adjudicated a
delinquent child and who temporarily is
outside of the facility
for any purpose or by a
parolee, by an
offender under
transitional control, under a
community
control
sanction, or on an escorted visit, by a person
under post-release
control, or by an offender under any other type
of supervision by
a government
agency.
(e) The victim of the offense is a school teacher or
administrator or a
school bus operator, and the offense occurs in
a school, on school premises,
in a school
building, on a school
bus, or while the victim is outside of school premises
or a school
bus and is engaged in duties or official
responsibilities
associated with the victim's employment or position
as a school
teacher or
administrator or a school bus operator, including, but
not limited to,
driving, accompanying, or chaperoning students at
or on class or field trips,
athletic events, or other school
extracurricular activities or functions
outside of school
premises.
(3) If the victim of the offense is a peace officer or an
investigator of the bureau of criminal identification and
investigation, a
firefighter, or a person performing emergency
medical service,
while in the performance of their official
duties, assault is a
felony of the fourth degree.
(4) If the victim of the offense is a peace officer or an
investigator of the bureau of criminal identification and
investigation and if
the victim
suffered serious physical harm as
a result of the
commission of the offense,
assault is a felony of
the fourth
degree, and the court, pursuant to division
(F) of
section 2929.13
of the Revised Code, shall
impose as a mandatory
prison term one
of the prison terms prescribed for a
felony of the
fourth degree
that is at least twelve months in duration.
(5) If the victim of the offense is an officer or employee
of
a public
children services agency or a private child placing
agency and the offense
relates to the officer's or employee's
performance or anticipated performance
of official
responsibilities or duties, assault is either a felony of the
fifth degree
or, if the offender previously has been convicted of
or pleaded guilty
to an offense of violence, the victim of that
prior offense was an officer or
employee of a public children
services agency or private child placing agency,
and that prior
offense related to the officer's or employee's performance or
anticipated performance of official responsibilities or duties, a
felony of
the fourth degree.
(6) If an offender who is convicted of or pleads guilty to
assault when it is a misdemeanor also is convicted of or pleads
guilty to a specification as described in section 2941.1423 of the
Revised Code that was included in the indictment, count in the
indictment, or information charging the offense, the court shall
sentence the offender to a mandatory jail term as provided in
division (G) of section 2929.24 of the Revised Code.
If an offender who is convicted of or pleads guilty to
assault when it is a felony also is convicted of or pleads guilty
to a specification as described in section 2941.1423 of the
Revised Code that was included in the indictment, count in the
indictment, or information charging the offense, except as
otherwise provided in division (C)(4) of this section, the court
shall
sentence the offender to a mandatory prison term as
provided in
division (D)(8) of section 2929.14 of the Revised
Code.
(D) As used in this section:
(1) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(2) "Firefighter" has the same meaning as in
section
3937.41
of the Revised Code.
(3) "Emergency medical service" has the same meaning as in
section 4765.01 of the Revised Code.
(4) "Local correctional facility" means a county,
multicounty, municipal, municipal-county, or
multicounty-municipal
jail or workhouse, a minimum security
jail established under
section 341.23 or 753.21 of
the Revised Code, or another county,
multicounty, municipal,
municipal-county, or multicounty-municipal
facility used for the
custody of persons arrested for any crime or
delinquent act,
persons charged with or convicted of any crime, or
persons
alleged to be or adjudicated a delinquent child.
(5) "Employee of a local correctional facility" means a
person who is an employee of the political subdivision or of one
or more of the affiliated political subdivisions that operates
the
local correctional facility and who operates or assists in
the
operation of the facility.
(6) "School teacher or administrator" means either of the
following:
(a) A person who is employed in the public schools of the
state under a
contract described in section 3319.08 of the Revised
Code in a position in
which the person is required to have a
certificate issued pursuant to sections
3319.22 to 3319.311 of the
Revised Code.
(b) A person who is employed by a nonpublic school for
which
the state board
of education prescribes minimum standards under
section 3301.07 of the Revised
Code and who is certificated in
accordance with section 3301.071 of the
Revised Code.
(7) "Community control sanction" has the same meaning as
in
section 2929.01 of the Revised Code.
(8) "Escorted visit" means an escorted visit granted under
section 2967.27 of the Revised Code.
(9) "Post-release control" and "transitional control" have
the
same meanings as in section 2967.01 of the Revised Code.
(10) "Investigator of the bureau of criminal identification
and investigation" has the same meaning as in section 2903.11 of
the Revised Code.
Sec. 2905.01. (A) No person, by force, threat, or
deception,
or, in the case of a victim under the age of thirteen
or mentally
incompetent, by any means, shall remove
another from the place
where the other person is found or restrain
the
liberty of the
other person, for any of the following purposes:
(1) To hold for ransom, or as a shield or hostage;
(2) To facilitate the commission of any felony or flight
thereafter;
(3) To terrorize, or to inflict serious physical harm on
the
victim or another;
(4) To engage in sexual activity, as defined in section
2907.01 of the Revised Code, with the victim against the victim's
will;
(5) To hinder, impede, or obstruct a function of
government,
or to force any action or concession on the part of
governmental
authority.
(B) No person, by force, threat, or deception, or, in the
case of a victim under the age of thirteen or mentally
incompetent, by any means, shall knowingly do any of the
following, under circumstances that create a substantial risk of
serious physical harm to the victim or, in the case of a minor
victim,
under circumstances that either create a substantial risk
of serious physical
harm to the victim or cause physical harm to
the victim:
(1) Remove another from the place where the other person is
found;
(2) Restrain another of the other person's liberty;
(3) Hold another in a condition of involuntary servitude.
(C)(1) Whoever violates this section is guilty of kidnapping.
Except as otherwise provided in this division or division (C)(2)
or (3) of this section, kidnapping is
a
felony of the first
degree. Except as otherwise provided in
this
division or
division (C)(2) or (3) of this section, if the offender
releases
the victim in a safe place
unharmed, kidnapping is a felony of
the
second degree. If
(2) If the offender also is convicted of or pleads guilty to
a specification as described in section 2941.1422 of the Revised
Code that was included in the indictment, count in the indictment,
or information charging the offense, the court shall order the
offender to make restitution as
provided in division (B)(8) of
section 2929.18 of the Revised
Code and, except as otherwise
provided in division (C)(3) of this section, shall sentence the
offender to a mandatory prison term as provided in division (D)(7)
of section 2929.14 of the Revised Code.
(3) If the
victim of the offense is less than thirteen years
of age and if
the offender also is convicted of or pleads guilty
to a sexual
motivation specification that was included in the
indictment,
count in the indictment, or information charging the
offense,
kidnapping is a felony of the first degree, and,
notwithstanding
the definite sentence provided for a felony of
the first degree in
section 2929.14 of the Revised Code, the
offender shall be
sentenced pursuant to section 2971.03 of the
Revised Code as
follows:
(1)(a) Except as otherwise provided in division (C)(2)(3)(b)
of
this
section, the offender shall be sentenced pursuant to
that
section
to an indefinite prison term consisting of a
minimum term
of
fifteen years and a maximum term of life
imprisonment.
(2)(b) If the offender releases the victim in a safe place
unharmed, the offender shall be sentenced pursuant to that section
to an indefinite term consisting of a minimum term of ten years
and a maximum term of life imprisonment.
(D) As used in this section, "sexual motivation
specification" has the same meaning as in section 2971.01 of the
Revised Code.
Sec. 2905.02. (A) No person, without privilege to do so,
shall knowingly do
any of the following:
(1) By force or threat, remove another from the place where
the
other person is found;
(2) By force or threat, restrain the liberty of another
person under circumstances
that create a risk of physical
harm to
the victim or place the
other person in fear;
(3) Hold another in a condition of involuntary servitude.
(B) No person, with a sexual motivation, shall violate
division (A) of this section.
(C) Whoever violates this section is guilty of abduction,
a
felony of the third degree.
If the offender also is convicted of
or pleads guilty to a specification as described in section
2941.1422 of the Revised Code that was included in the indictment,
count in the indictment, or information charging the offense, the
court shall sentence the offender to a mandatory prison term as
provided in division (D)(7) of section 2929.14 of the Revised Code
and shall order the offender to make restitution as provided in
division (B)(8)
of section 2929.18 of the Revised Code.
(D) As used in this section, "sexual motivation" has the same
meaning as in section 2971.01 of the Revised Code.
Sec. 2907.21. (A) No person shall knowingly do any of the
following:
(1) Compel another to engage in sexual activity for hire;
(2) Induce, procure, encourage, solicit, request,
or
otherwise facilitate either of the following:
(a) A minor to engage
in sexual activity for hire, whether or
not the offender knows
the age of the minor;
(b) A person the offender believes to be a minor to engage in
sexual activity for hire, whether or not the person is a minor.
(3)(a) Pay or agree to pay a minor, either directly or
through the minor's agent, so that the minor will engage in
sexual
activity, whether or not the offender knows the age of the
minor;
(b) Pay or agree to pay a person the offender believes to be
a minor, either directly or through the person's agent, so that
the person will engage in sexual activity, whether or not the
person is a minor.
(4)(a) Pay a minor, either directly or through the minor's
agent, for the minor having engaged in sexual activity pursuant
to
a prior agreement, whether or not the offender knows the age
of
the minor;
(b) Pay a person the offender believes to be a minor, either
directly or through the person's agent, for the person having
engaged in sexual activity pursuant to a prior agreement, whether
or not the person is a minor.
(5)(a) Allow a minor to engage in sexual activity for hire if
the person
allowing the child to engage in sexual activity for
hire is the parent,
guardian, custodian, person having custody or
control, or person in loco
parentis of the minor;
(b) Allow a person the offender believes to be a minor to
engage in sexual activity for hire if the person allowing the
person to engage in sexual activity for hire is the parent,
guardian, custodian, person having custody or control, or person
in loco parentis of the person the offender believes to be a
minor, whether or not the person is a minor.
(B) Whoever violates this section is guilty of compelling
prostitution. Except as otherwise provided in this
division,
compelling prostitution is a felony of
the third degree.
If the
offender commits a violation of division (A)(1)
of this
section
and the person compelled to
engage in sexual
activity for hire in
violation of that division is less than
sixteen years of age,
compelling prostitution is a felony of the
second
degree. If the
offender in any case also is convicted of or pleads guilty to
a
specification as described in section 2941.1422 of the Revised
Code that was included in the indictment, count in the indictment,
or information charging the offense, the court shall sentence the
offender to a
mandatory prison term as provided in division
(D)(7) of section 2929.14 of the Revised Code and shall order the
offender to
make restitution as provided in division (B)(8) of
section
2929.18 of the Revised Code.
Sec. 2907.22. (A) No person shall knowingly:
(1) Establish, maintain, operate, manage, supervise,
control,
or have an interest in a brothel;
(2) Supervise, manage, or control the activities of a
prostitute in engaging in sexual activity for hire;
(3) Transport another, or cause another to be transported
across the boundary of this state or of any county in this state,
in order to facilitate the other person's engaging in sexual
activity for hire;
(4) For the purpose of violating or facilitating a
violation
of this section, induce or procure another to engage in
sexual
activity for hire.
(B) Whoever violates this section is guilty of promoting
prostitution. Except as otherwise provided in this division,
promoting prostitution is a felony of the
fourth degree. If any
prostitute
in the brothel involved in the offense,
or the
prostitute whose
activities are supervised, managed, or
controlled by the
offender, or the person transported, induced, or
procured by the
offender to engage in sexual activity for hire, is
a minor,
whether or not the offender knows the age of the minor,
then
promoting prostitution is a felony of the third degree. If
the offender in any case also is convicted of or pleads guilty to
a specification as described in section 2941.1422 of the Revised
Code that was included in the indictment, count in the indictment,
or information charging the offense, the court shall sentence the
offender to a
mandatory prison term as provided in division
(D)(7) of section 2929.14 of the Revised Code and shall order the
offender to
make restitution as provided in division (B)(8) of
section
2929.18 of the Revised Code.
Sec. 2907.323. (A) No person shall do any of the
following:
(1) Photograph any minor who is not the person's child or
ward in a state of nudity, or create, direct, produce, or
transfer
any material or performance that shows the minor in a
state of
nudity, unless both of the following apply:
(a) The material or performance is, or is to be, sold,
disseminated, displayed, possessed, controlled, brought or caused
to be brought into this state, or presented for a bona fide
artistic, medical, scientific, educational, religious,
governmental, judicial, or other proper purpose, by or to a
physician, psychologist, sociologist, scientist, teacher, person
pursuing bona fide studies or research, librarian, clergyman
member of the clergy, prosecutor, judge, or other person having a
proper
interest in
the material or performance;
(b) The minor's parents, guardian, or custodian consents
in
writing to the photographing of the minor, to the use of the
minor
in the material or performance, or to the transfer of the
material
and to the specific manner in which the material or
performance is
to be used.
(2) Consent to the photographing of the person's minor child
or
ward, or photograph the person's minor child or ward, in a
state of
nudity
or consent to the use of the person's minor child
or ward in a
state of
nudity in any material or performance, or
use or transfer a
material or performance of that nature, unless
the material or performance is
sold, disseminated, displayed,
possessed, controlled, brought or
caused to be brought into this
state, or presented for a bona
fide artistic, medical, scientific,
educational, religious,
governmental, judicial, or other proper
purpose, by or to a
physician, psychologist, sociologist,
scientist, teacher, person
pursuing bona fide studies or research,
librarian, clergyman
member of the clergy, prosecutor, judge, or
other person having a proper
interest in the material or
performance;
(3) Possess or view any material or performance that shows
a
minor who is not the person's child or ward in a state of
nudity,
unless one of the following applies:
(a) The material or performance is sold, disseminated,
displayed, possessed, controlled, brought or caused to be brought
into this state, or presented for a bona fide artistic, medical,
scientific, educational, religious, governmental, judicial, or
other proper purpose, by or to a physician, psychologist,
sociologist, scientist, teacher, person pursuing bona fide
studies
or research, librarian, clergyman member of the clergy,
prosecutor, judge, or other person having a proper interest in the
material or
performance.
(b) The person knows that the parents, guardian, or
custodian
has consented in writing to the photographing or use of
the minor
in a state of nudity and to the manner in which the
material or
performance is used or transferred.
(B) Whoever violates this section is guilty of illegal use
of
a minor in a nudity-oriented material or performance. Whoever
violates division (A)(1) or (2) of this section
is guilty of a
felony of the second degree. Whoever Except as
otherwise provided
in this division,
whoever violates division (A)(3) of
this
section is guilty of a
felony of the
fifth degree. If
the
offender previously has been convicted of or
pleaded guilty
to a
violation of this section or section 2907.321
or 2907.322 of
the
Revised Code, illegal use of a minor in a
nudity-oriented
material or performance in violation of division
(A)(3) of this
section is a felony of the fourth degree. If the offender who
violates division (A)(1) or (2) of this section also is convicted
of or pleads guilty to
a specification as described in section
2941.1422 of the Revised
Code that was included in the
indictment, count in the indictment,
or information charging the
offense, the court shall sentence
the offender to a mandatory
prison term as provided in division (D)(7) of section 2929.14 of
the Revised Code and shall order the offender to make restitution
as provided
in division (B)(8) of section 2929.18 of the Revised
Code.
Sec. 2919.22. (A) No person, who is the parent, guardian,
custodian, person having custody or control, or person in loco
parentis of a child under eighteen years of age or a mentally or
physically handicapped child under twenty-one years of age, shall
create a substantial risk to the health or safety of the child,
by
violating a duty of care, protection, or support. It is not a
violation of a duty of care, protection, or support under this
division when the parent, guardian, custodian, or person having
custody or control of a child treats the physical or mental
illness or defect of the child by spiritual means through prayer
alone, in accordance with the tenets of a recognized religious
body.
(B) No person shall do any of the following to a child under
eighteen years
of age or a mentally or physically handicapped
child under twenty-one years of
age:
(1) Abuse the child;
(2) Torture or cruelly abuse the child;
(3) Administer corporal punishment or other physical
disciplinary measure, or physically restrain the child in a cruel
manner or for a prolonged period, which punishment, discipline,
or
restraint is excessive under the circumstances and creates a
substantial risk of serious physical harm to the child;
(4) Repeatedly administer unwarranted disciplinary
measures
to the child, when there is a substantial risk that such
conduct,
if continued, will seriously impair or retard the
child's mental
health or development;
(5) Entice, coerce, permit, encourage, compel, hire,
employ,
use, or allow the child to act, model, or in any other
way
participate in, or be photographed for, the production,
presentation, dissemination, or advertisement of any material or
performance that the offender knows or reasonably should know
is
obscene,
is sexually oriented matter, or is nudity-oriented
matter;
(6) Allow the child to be on the same parcel of real property
and within one hundred feet of, or, in the case of more than one
housing unit on the same parcel of real property, in the same
housing unit and within one hundred feet of, any act in violation
of section 2925.04 or 2925.041 of the Revised Code when the person
knows that the act is occurring, whether or not any person is
prosecuted for or convicted of the violation of section 2925.04 or
2925.041 of the Revised Code that is the basis of the violation of
this division.
(C)(1) No person shall operate a vehicle, streetcar, or
trackless trolley within this state in violation of division
(A)
of section 4511.19 of the Revised Code when one or more
children
under eighteen years of age are in the vehicle,
streetcar, or
trackless trolley. Notwithstanding any other
provision of law, a
person may be convicted at the same trial or
proceeding of a
violation of this division and a violation of
division (A) of
section 4511.19 of the Revised Code that
constitutes
the basis of
the charge of the violation of this
division. For
purposes of
sections 4511.191
to 4511.197 of the Revised
Code
and all
related
provisions of
law, a person arrested for a
violation of
this
division shall be
considered to be under arrest
for operating
a
vehicle while under
the influence of alcohol, a
drug of abuse,
or
a combination of
them or for
operating a
vehicle with a prohibited
concentration of
alcohol, a controlled substance, or a metabolite
of a controlled substance in
the
whole blood,
blood serum or
plasma,
breath, or
urine.
(2) As used in division (C)(1) of this section:
(a) "Controlled substance" has the same meaning as in section
3719.01 of the Revised Code.
(b) "Vehicle,"
"streetcar," and
"trackless trolley" have the
same meanings as in
section 4511.01 of the Revised Code.
(D)(1) Division (B)(5) of this section does not apply to
any
material or performance that is produced, presented, or
disseminated for a bona fide medical, scientific, educational,
religious, governmental, judicial, or other proper purpose, by or
to a physician, psychologist, sociologist, scientist, teacher,
person pursuing bona fide studies or research, librarian,
member
of the clergy, prosecutor, judge, or other
person having a proper
interest in the material or performance.
(2) Mistake of age is not a defense to a charge under
division (B)(5) of this section.
(3) In a prosecution under division (B)(5) of this
section,
the trier of fact may infer that an actor, model, or
participant
in the material or performance involved is a juvenile
if the
material or performance, through its title, text, visual
representation, or otherwise, represents or depicts the actor,
model, or participant as a juvenile.
(4) As used in this division and division (B)(5) of this
section:
(a)
"Material,"
"performance,"
"obscene," and
"sexual
activity" have the same meanings as in section 2907.01 of the
Revised Code.
(b)
"Nudity-oriented matter" means any material or
performance that shows a minor in a state of nudity and that,
taken as a whole by the average person applying contemporary
community standards, appeals to prurient interest.
(c)
"Sexually oriented matter" means any material or
performance that shows a minor participating or engaging in
sexual
activity, masturbation, or bestiality.
(E)(1) Whoever violates this section is guilty of
endangering
children.
(2) If the offender violates division (A) or (B)(1) of
this
section, endangering children is one of the following, and, in the
circumstances described in division (E)(2)(e) of this section,
that division applies:
(a) Except as otherwise provided in division
(E)(2)(b), (c),
or (d) of this
section, a misdemeanor of the first degree;
(b) If the offender previously has
been convicted of an
offense under this section or of any offense
involving neglect,
abandonment, contributing to the delinquency
of, or physical abuse
of a child, except as
otherwise provided in division (E)(2)(c) or
(d) of this
section, a felony of the fourth degree;
(c) If the violation is a violation of division (A) of this
section and results in serious physical harm to the
child
involved, a felony of the third degree;
(d) If the violation is a violation of division (B)(1)
of
this section
and results in serious physical harm to the child
involved, a felony of the
second degree.
(e) If the violation is a felony violation of division (B)(1)
of
this section and the offender also is convicted of or pleads
guilty to a specification as described in section 2941.1422 of the
Revised Code that was included in the indictment, count in the
indictment, or information charging the offense, the court shall
sentence the offender to a mandatory prison term as provided in
division (D)(7) of section 2929.14 of the Revised Code and shall
order the offender to make restitution as provided in division
(B)(8) of section 2929.18 of the Revised Code.
(3) If the offender violates division (B)(2), (3), (4), or
(6)
of
this section, except as otherwise provided in this
division,
endangering children is a
felony of the third
degree.
If the
violation results in
serious
physical
harm to the child
involved,
or if the offender
previously has been
convicted of an
offense
under this section or
of any offense
involving neglect,
abandonment, contributing to the
delinquency
of, or physical
abuse
of a child, endangering children
is a
felony of the second
degree. If the offender violates division (B)(2), (3), or (4) of
this section and the offender also is convicted of or pleads
guilty to a specification as described in section 2941.1422 of the
Revised Code that was included in the indictment, count in the
indictment, or information charging the offense, the court shall
sentence the offender to a mandatory prison term as provided in
division (D)(7) of section 2929.14 of the Revised Code and shall
order the offender to make restitution as provided in division
(B)(8) of section 2929.18 of the Revised Code. If the offender
violates
division (B)(6) of this section and the drug involved is
methamphetamine, the court shall impose a mandatory prison term on
the offender as follows:
(a) If the violation is a violation of division (B)(6) of
this section that is a felony of the third degree under division
(E)(3) of this section and the drug involved is methamphetamine,
except as otherwise provided in this division, the court shall
impose as a mandatory prison term one of the prison terms
prescribed for a felony of the third degree that is not less than
two years. If the violation is a violation of division (B)(6) of
this section that is a felony of the third degree under division
(E)(3) of this section, if the drug involved is methamphetamine,
and if the offender previously has been convicted of or pleaded
guilty to a violation of division (B)(6) of this section, a
violation of division (A) of section 2925.04 of the Revised Code,
or a violation of division (A) of section 2925.041 of the Revised
Code, the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the third degree that is
not less than five years.
(b) If the violation is a violation of division (B)(6) of
this section that is a felony of the second degree under division
(E)(3) of this section and the drug involved is methamphetamine,
except as otherwise provided in this division, the court shall
impose as a mandatory prison term one of the prison terms
prescribed for a felony of the second degree that is not less than
three years. If the violation is a violation of division (B)(6) of
this section that is a felony of the second degree under division
(E)(3) of this section, if the drug involved is methamphetamine,
and if the offender previously has been convicted of or pleaded
guilty to a violation of division (B)(6) of this section, a
violation of division (A) of section 2925.04 of the Revised Code,
or a violation of division (A) of section 2925.041 of the Revised
Code, the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the second degree that is
not less than five years.
(4) If the offender violates division (B)(5) of
this
section,
endangering children is a felony of the second
degree. If the
offender also is convicted of or pleads guilty to a specification
as described in section 2941.1422 of the Revised Code that was
included in the indictment, count in the indictment, or
information charging the offense, the court shall sentence the
offender to a mandatory prison term as provided in division (D)(7)
of section 2929.14 of the Revised Code and shall order the
offender to make restitution as provided in division (B)(8) of
section 2929.18 of the Revised Code.
(5) If the offender violates division (C) of this section,
the offender shall be punished as follows:
(a) Except as otherwise provided in division
(E)(5)(b) or
(c)
of this section, endangering children in violation of
division
(C)
of
this section is a misdemeanor of the first degree.
(b) If the violation results in serious physical harm to the
child involved or the offender previously has been convicted of
an
offense under this section or any offense involving neglect,
abandonment, contributing to the delinquency of, or physical
abuse
of a child, except as otherwise provided in division
(E)(5)(c) of
this section, endangering
children in violation of
division
(C) of
this section is a felony of the fifth degree.
(c) If the violation results in serious physical harm to
the
child involved and if the offender previously has been
convicted
of a violation of division (C) of this section, section
2903.06 or
2903.08 of the Revised Code, section 2903.07
of the Revised Code
as it existed prior to March 23, 2000,
or section
2903.04 of the
Revised Code in a case in which the offender was
subject to the
sanctions described in division (D) of that
section, endangering
children in violation of division (C) of
this section is a felony
of the fourth degree.
(d) In addition to any term of imprisonment, fine, or
other
sentence, penalty, or sanction it imposes upon the offender
pursuant to division (E)(5)(a), (b), or (c) of this section or
pursuant to any other provision of law and in addition to any
suspension
of the offender's driver's
or commercial driver's
license or permit or nonresident operating
privilege under
Chapter
4506.,
4509.,
4510., or 4511. of the
Revised Code or
under
any
other provision of law, the court also
may impose upon the
offender a class seven suspension of the
offender's driver's or
commercial driver's license or permit or
nonresident operating
privilege from the range specified in
division (A)(7) of section
4510.02 of the Revised Code.
(e) In addition to any term of imprisonment, fine, or
other
sentence, penalty, or sanction imposed upon the offender
pursuant
to division (E)(5)(a), (b), (c), or (d) of this section
or
pursuant to any other provision of law for the violation of
division (C) of this section, if as part of the same trial or
proceeding the offender also is convicted of or pleads guilty to
a
separate charge charging the violation of division (A) of
section
4511.19 of the Revised Code that was the basis of the
charge of
the violation of division (C) of this section, the
offender also
shall be sentenced in accordance with section
4511.19 of
the
Revised Code for that violation of division (A)
of section
4511.19
of the Revised Code.
(F)(1)(a)
A court
may require an offender to perform
not
more
than two hundred hours of supervised
community
service work
under
the authority of an agency,
subdivision, or
charitable
organization. The requirement shall be
part of the
community
control sanction or sentence of the offender, and
the
court shall
impose the community service
in accordance with and
subject to
divisions
(F)(1)(a) and (b) of this section. The court
may require
an
offender whom it requires to perform supervised
community
service
work as part of the offender's community control
sanction
or
sentence to pay the
court 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. If the court requires the offender to
perform supervised community service work as part of the
offender's community control sanction or
sentence, the court shall
do so in accordance with the
following limitations and criteria:
(i) The court shall require that the community service
work
be performed after completion of the term of imprisonment
or jail
term
imposed
upon the offender for the violation of division (C)
of
this
section, if applicable.
(ii) The supervised community service work shall be
subject
to the limitations set forth in divisions
(B)(1),
(2), and (3) of
section 2951.02 of the Revised Code.
(iii) The community service work shall be supervised in
the
manner described in division
(B)(4) of section 2951.02 of
the
Revised
Code by an official or person with the qualifications
described in that
division. The official or person periodically
shall report in writing to the
court concerning the conduct of the
offender in performing the work.
(iv) The court shall inform the offender in writing that
if
the offender does not adequately perform, as determined by
the
court, all of the required community service work, the court may
order
that the offender be committed to a jail or workhouse for a
period of time
that does not exceed the term of imprisonment that
the court could have
imposed upon the offender for the violation
of division (C) of this section,
reduced by the total amount of
time that the offender actually
was imprisoned under the sentence
or term that was imposed upon
the offender for that violation and
by the total amount of time
that the offender was confined for any
reason arising out of the
offense for which the offender was
convicted and sentenced as
described in
sections 2949.08 and
2967.191 of the Revised Code, and that, if
the court orders that
the offender be so committed, the court
is authorized, but not
required, to grant the offender
credit upon the period of the
commitment for the community service work that
the offender
adequately performed.
(b) If a court, pursuant to
division
(F)(1)(a) of this
section, orders an offender to
perform
community service work as
part of the offender's community
control
sanction or
sentence and
if the offender does not
adequately
perform all of the required
community service work, as
determined
by the court, the court may
order that the offender be
committed
to a jail or workhouse for a
period of time that does
not exceed
the term of imprisonment that
the court
could have
imposed
upon
the offender for the violation
of division (C) of
this
section,
reduced by the total amount of
time that the
offender
actually was
imprisoned under the sentence
or term that
was
imposed upon the
offender for that violation and
by the total
amount of time that
the offender was confined for any
reason
arising out of the
offense for which the offender was
convicted
and sentenced as
described in sections 2949.08 and
2967.191 of the
Revised Code.
The court may order that a person
committed pursuant
to this
division shall receive hour-for-hour
credit upon the
period of the
commitment
for the community service
work that the
offender
adequately
performed. No
commitment
pursuant to this
division
shall exceed the period of the term of
imprisonment that
the
sentencing court could have imposed upon the
offender
for the
violation of division (C) of this section,
reduced by the total
amount
of time that the offender actually was
imprisoned under
that sentence or term
and by the total amount of
time that the
offender was confined for
any reason arising out of
the offense
for which the offender
was convicted and sentenced as
described in
sections 2949.08 and 2967.191 of
the Revised Code.
(2)
Division (F)(1) of this
section
does
not
limit or
affect
the authority of the court to
suspend the
sentence
imposed
upon a
misdemeanor offender and place
the
offender
under a community
control sanction
pursuant to
section 2929.25 of the
Revised Code,
to
require
a
misdemeanor
or felony offender to
perform
supervised
community service
work in accordance with
division
(B)
of
section
2951.02 of the
Revised Code, or to place a
felony
offender
under a
community
control sanction.
(G)(1) If a court suspends an offender's driver's or
commercial driver's license or permit or nonresident operating
privilege under division (E)(5)(d) of this section, the
period
of
the suspension shall be consecutive to, and commence
after, the
period of suspension
of the offender's
driver's or
commercial
driver's license or permit or nonresident
operating
privilege that
is imposed under Chapter 4506.,
4509.,
4510., or
4511. of the
Revised Code or under any other provision
of law in
relation to
the violation of division (C) of this
section that is
the basis of
the suspension under division
(E)(5)(d) of this
section or in
relation to the violation of
division (A) of section
4511.19 of
the Revised Code that is the
basis for that violation
of division
(C) of this section.
(2) An offender is not entitled to request, and the
court
shall
not grant to the offender,
limited driving
privileges
if
the
offender's
license,
permit, or privilege has been
suspended
under
division
(E)(5)(d) of this section and the
offender, within
the
preceding
six years, has been convicted of
or pleaded guilty
to
three or more violations of one or
more of the following:
(a) Division (C) of
this section;
(b) Any equivalent offense, as defined in section
4511.181 of
the
Revised Code.
(H)(1) If a person violates division (C) of this section
and
if, at the time of the violation, there were two or more
children
under eighteen years of age in the motor vehicle
involved in the
violation, the offender may be convicted of a
violation of
division (C) of this section for each of the
children, but the
court may sentence the offender for only one of
the violations.
(2)(a) If a person is convicted of or pleads guilty to a
violation of division (C) of this section but the person is not
also convicted of and does not also plead guilty to a separate
charge charging the violation of division (A) of section 4511.19
of the Revised Code that was the basis of the charge of the
violation of division (C) of this section, both of the following
apply:
(i) For purposes of the provisions of section
4511.19 of
the
Revised Code that set forth the penalties and
sanctions for a
violation of division (A) of section 4511.19 of
the Revised Code,
the conviction of or plea of guilty to the
violation of division
(C) of this section shall not constitute a
violation of division
(A) of section 4511.19 of the Revised Code;
(ii) For purposes of any provision of law that refers to a
conviction of or plea of guilty to a violation of division (A) of
section 4511.19 of the Revised Code and that is not described in
division (H)(2)(a)(i) of this section, the conviction of or plea
of guilty to the violation of division (C) of this section shall
constitute a conviction of or plea of guilty to a violation of
division (A) of section 4511.19 of the Revised Code.
(b) If a person is convicted of or pleads guilty to a
violation of division (C) of this section and the person also is
convicted of or pleads guilty to a separate charge charging the
violation of division (A) of section 4511.19 of the Revised Code
that was the basis of the charge of the violation of division (C)
of this section, the conviction of or plea of guilty to the
violation of division (C) of this section shall not constitute,
for purposes of any provision of law that refers to a conviction
of or plea of guilty to a violation of division (A) of section
4511.19 of the Revised Code, a conviction of or plea of guilty to
a violation of division (A) of section 4511.19 of the Revised
Code.
(I) As used in this section:
(1)
"Community control
sanction"
has the
same meaning as in
section 2929.01 of the Revised
Code;
(2)
"Limited driving privileges" has the same meaning as in
section 4501.01 of the Revised Code;
(3) "Methamphetamine" has the same meaning as in section
2925.01 of the Revised Code.
Sec. 2919.25. (A) No person shall knowingly cause or
attempt
to cause physical harm to a family or household member.
(B) No person shall recklessly cause serious physical harm
to
a family or household member.
(C) No person, by threat of force, shall knowingly cause a
family or household member to believe that the offender will
cause
imminent physical harm to the family or household member.
(D)(1) Whoever violates this section is guilty of domestic
violence, and the court shall sentence the offender as provided in
divisions (D)(2) to (6) of this section.
(2) Except as otherwise provided in division (D)(3) or (4) to
(5) of this section, a
violation of division (C) of this section
is a misdemeanor of the
fourth
degree, and a violation of division
(A) or (B) of
this
section is a misdemeanor of the first degree.
(3) Except as otherwise provided in division (D)(4) of this
section, if the offender
previously
has
pleaded guilty to or been
convicted of domestic
violence, a violation of
an existing or
former municipal ordinance or law of this or any other state or
the United States that is
substantially similar to domestic
violence,
a violation of
section 2903.14,
2909.06, 2909.07,
2911.12, 2911.211,
or 2919.22 of the Revised Code if the victim of
the violation was a
family or
household member at the time of the
violation, a violation of
an existing or former municipal
ordinance or law of this or any other state or the United States
that is substantially similar to any of those sections if the
victim of the violation was a family or household member at the
time of the commission of the violation, or any offense of
violence if the victim of the offense was a family or household
member at the time of the commission of the offense,
a violation
of
division (A) or (B) of this section is a felony of
the
fourth
degree, and, if the offender knew that the victim of the violation
was pregnant at the time of the violation, the court shall impose
a mandatory prison term on the offender pursuant to division
(A)(6) of this section, and a violation of division (C) of this
section
is a
misdemeanor of the second degree.
(4) If the offender previously has pleaded guilty to or been
convicted of two or more offenses of domestic violence or two or
more violations or offenses of the type described in division
(D)(3) of this section involving a person who was a family or
household member at the time of the violations or offenses, a
violation of division (A) or (B) of this section is a felony of
the third degree, and, if the offender knew that the victim of the
violation was pregnant at the time of the violation, the court
shall impose a mandatory prison term on the offender pursuant to
division (A)(6) of this section, and a violation of division (C)
of this section
is a misdemeanor of the first degree.
(5) Except as otherwise provided in division (D)(3) or (4) of
this section, if the offender knew that the victim of the
violation was
pregnant at the time of the violation, a violation
of division (A)
or (B) of this section is a felony of the fifth
degree, and the court shall impose a mandatory prison term on the
offender pursuant to division (A)(6) of this section, and a
violation of division (C) of this section is a misdemeanor of the
third degree.
(6) If division (A)(3), (4), or (5) of this section requires
the court that sentences an offender for a violation of division
(A) or (B) of this section to impose a mandatory prison term on
the offender pursuant to this division, the court shall impose the
mandatory prison term as follows:
(a) If the violation of division (A) or (B) of this section
is a felony of the fourth or fifth degree, except as otherwise
provided in division (A)(6)(b) or (c) of this section, the court
shall impose a mandatory prison on the offender of at least six
months.
(b) If the violation of division (A) or (B) of this section
is a felony of the fifth degree and the offender, in committing
the violation, caused serious physical harm to the pregnant
woman's unborn or caused the termination of the pregnant
woman's
pregnancy, the court shall impose a mandatory prison term
on the
offender of twelve months.
(c) If the violation of division (A) or (B) of this section
is a felony of the fourth degree and the offender, in committing
the violation, caused serious physical harm to the pregnant
woman's unborn or caused the termination of the pregnant
woman's
pregnancy, the court shall impose a mandatory prison term
on the
offender of at least twelve months.
(d) If the violation of division (A) or (B) of this section
is a felony of the third degree, except as otherwise provided in
division (A)(6)(e) of this section and notwithstanding the range
of prison terms prescribed in section 2929.14 of the Revised Code
for a felony of the third degree, the court shall impose a
mandatory prison term on the offender of either a definite term of
six
months or one of the prison terms prescribed in section
2929.14 of
the Revised Code for felonies of the third degree.
(e) If the violation of division (A) or (B) of this section
is a felony of the third degree and the offender, in committing
the violation, caused serious physical harm to the pregnant
woman's unborn or caused the termination of the pregnant
woman's
pregnancy, notwithstanding the range of prison terms
prescribed
in section 2929.14 of the Revised Code for a felony of
the third
degree, the court shall impose a mandatory prison term
on the
offender of either a definite term of one year or one of
the
prison terms prescribed in section 2929.14 of the Revised Code
for felonies of the third degree.
(E)
Notwithstanding any provision of law to the contrary, no
court or unit of state or local government shall charge any fee,
cost, deposit, or money in connection with the filing of charges
against a person alleging that the person violated this section or
a municipal ordinance substantially similar to this section or in
connection with the prosecution of any charges so filed.
(F) As used in this section and sections 2919.251 and
2919.26
of the Revised Code:
(1) "Family or household member" means any of the
following:
(a) Any of the following who is residing or has resided with
the offender:
(i) A spouse, a person living as a spouse, or a former
spouse
of the offender;
(ii) A parent or a child of the offender, or another person
related by consanguinity or affinity to the offender;
(iii) A parent or a child of a spouse, person living as a
spouse, or former spouse of the offender, or another person
related by consanguinity or affinity to a spouse, person living
as
a spouse, or former spouse of the offender.
(b) The natural parent of any child of whom the offender is
the other natural
parent or is the putative other natural parent.
(2) "Person living as a spouse" means a person who is
living
or has lived with the offender in a common law marital
relationship, who otherwise is cohabiting with the offender, or
who
otherwise has cohabited with the offender within five years
prior
to the date of the alleged commission of the act in
question.
(3) "Pregnant woman's unborn" has the same meaning as "such
other person's unborn," as set forth in section 2903.09 of the
Revised Code, as it relates to the pregnant woman. Division (C) of
that section applies regarding the use of the term in this
section, except that the second and third sentences of division
(C)(1) of that section shall be construed for purposes of this
section as if they included a reference to this section in the
listing of Revised Code sections they contain.
(4) "Termination of the pregnant woman's pregnancy"
has the
same meaning as "unlawful termination of another's
pregnancy," as
set forth in section 2903.09 of the Revised Code,
as it relates
to the pregnant woman. Division (C) of that section
applies
regarding the use of the term in this section, except that
the
second and third sentences of division (C)(1) of that section
shall be construed for purposes of this section as if they
included a reference to this section in the listing of Revised
Code sections they contain.
Sec. 2923.32. (A)(1) No person employed by, or associated
with, any enterprise shall conduct or participate in, directly or
indirectly, the affairs of the enterprise through a pattern of
corrupt activity or the collection of an unlawful debt.
(2) No person, through a pattern of corrupt activity or
the
collection of an unlawful debt, shall acquire or maintain,
directly or indirectly, any interest in, or control of, any
enterprise or real property.
(3) No person, who knowingly has received any proceeds
derived, directly or indirectly, from a pattern of corrupt
activity or the collection of any unlawful debt, shall use or
invest, directly or indirectly, any part of those proceeds, or
any
proceeds derived from the use or investment of any of those
proceeds, in the acquisition of any title to, or any right,
interest, or equity in, real property or in the establishment or
operation of any enterprise.
A purchase of securities on the open market with intent to
make an investment, without intent to control or participate in
the control of the issuer, and without intent to assist another
to
do so is not a violation of this division, if the securities
of
the issuer held after the purchase by the purchaser, the
members
of the purchaser's immediate family, and
the purchaser's or the
immediate family
members' accomplices in
any pattern of corrupt
activity or the collection of an unlawful
debt do not aggregate
one per cent of the outstanding securities
of any one class of the
issuer and do not confer, in law or in
fact, the power to elect
one or more directors of the issuer.
(B)(1) Whoever violates this section is guilty of engaging
in
a pattern of corrupt activity.
Except as otherwise provided in
this division, engaging in corrupt activity
is a felony of the
second degree. If Except as otherwise provided in this division,
if at least one of the incidents of corrupt
activity is a felony
of the first, second, or third degree,
aggravated
murder, or
murder, if at least one of the incidents was
a felony
under the
law of this state that was committed prior to
July 1, 1996, and
that would
constitute a
felony of the first, second, or third
degree,
aggravated murder,
or murder if committed on or after
July
1, 1996, or if at least one
of the incidents of corrupt
activity
is a felony under the law of
the
United States or of another state
that, if committed in this
state on or after
July 1,
1996, would
constitute a felony of the first,
second, or
third
degree,
aggravated murder, or murder under the
law of this
state,
engaging
in a pattern of corrupt activity is a
felony of
the first
degree.
If the offender also is convicted of or pleads guilty to a
specification as described in section 2941.1422 of the Revised
Code that was included in the indictment, count in the indictment,
or information charging the offense, engaging in a pattern of
corrupt activity is a felony of the first degree, and the court
shall sentence the offender to a mandatory prison term as provided
in division (D)(7) of section 2929.14 of the Revised Code and
shall order the offender to make restitution as provided in
division
(B)(8) of section 2929.18 of the Revised Code.
Notwithstanding
any other provision of
law, a
person may
be
convicted of violating
the provisions of
this
section as well
as
of a conspiracy to
violate one or more of those
provisions
under
section 2923.01 of
the Revised Code.
(2) Notwithstanding the financial sanctions
authorized by
section 2929.18 of the Revised Code, the court
may do all of the
following with
respect to any person who derives pecuniary value
or causes
property damage, personal injury other than pain and
suffering,
or other loss through or by the violation of this
section:
(a) In lieu of the fine authorized by that section,
impose a
fine not exceeding the greater of three times
the gross value
gained or three times the gross loss caused and
order the clerk of
the court to pay the fine into the state treasury to the credit of
the corrupt
activity investigation
and prosecution fund, which is
hereby created;
(b) In addition to the fine described in division
(B)(2)(a)
of this section and the financial sanctions
authorized by section
2929.18 of the Revised Code, order the person to pay
court costs;
(c) In addition to the fine described in division
(B)(2)(a)
of this section and the financial sanctions
authorized by section
2929.18 of the Revised Code, order the person to pay to
the state,
municipal, or county law enforcement agencies that handled the
investigation and prosecution the costs of investigation and
prosecution that
are reasonably incurred.
The court shall hold a hearing to determine the amount of
fine, court costs, and other costs to be imposed under this
division.
(3) In addition to any other penalty or disposition
authorized or required by law, the court shall order any person
who is convicted of or pleads guilty to a violation of this
section or who is adjudicated delinquent by reason of a violation
of this section to criminally forfeit to the state under Chapter
2981. of the Revised Code any personal
or
real property in which
the person has an interest and that
was
used in
the course of or
intended for use in the course of a
violation of
this section, or
that was derived from or realized
through
conduct in violation of
this section, including any
property
constituting an interest in,
means of control over, or
influence
over the enterprise involved
in the violation and any
property
constituting proceeds derived
from the violation,
including all
of the following:
(a) Any position, office, appointment, tenure, commission,
or
employment contract of any kind acquired or maintained by the
person in violation of this section, through which the
person, in
violation of this section, conducted or participated in the
conduct of an enterprise, or that afforded the person a
source of
influence or control over an enterprise that the
person exercised
in violation of this section;
(b) Any compensation, right, or benefit derived from a
position, office, appointment, tenure, commission, or employment
contract described in division (B)(3)(a) of this section that
accrued to the person in violation of this section during
the
period of the pattern of corrupt activity;
(c) Any interest in, security of, claim against, or
property
or contractual right affording the person a source
of influence or
control over the affairs of an enterprise that the person
exercised in violation of this section;
(d) Any amount payable or paid under any contract for
goods
or services that was awarded or performed in violation of
this
section.
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 probation 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. "Basic probation supervision"
includes basic parole
supervision and basic post-release control
supervision.
(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 2301.58 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
or a sanction
that is not
a jail term and that is described in
section 2929.26,
2929.27, or
2929.28 of the Revised Code.
"Community control
sanction"
includes probation if the sentence involved was
imposed
for a
felony that was committed prior to July 1, 1996, or if
the
sentence involved was imposed for a misdemeanor that was committed
prior
to January 1, 2004.
(G) "Controlled substance," "marihuana," "schedule I,"
and
"schedule II" have the same meanings as in section 3719.01 of the
Revised
Code.
(H) "Curfew" means a requirement that
an offender during a
specified period of time be at a designated
place.
(I) "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.
(J) "Deadly weapon" has the same
meaning as in section
2923.11 of the Revised
Code.
(K) "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.
(L) "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.
(M) "Economic loss" means any
economic detriment suffered by
a victim as a direct and proximate result of the commission of an
offense 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
commission of the
offense. "Economic loss" does not include
non-economic loss or any punitive or exemplary damages.
(N) "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
curricula or their equivalent.
(O)
"Firearm" has the same meaning as
in section 2923.11 of
the Revised Code.
(P) "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.
(Q) "House arrest" means a period of confinement of an
offender that
is in the
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 and during which all of
the
following apply:
(1) The
offender is required to remain in the
offender's
home
or other specified premises
for the
specified period of
confinement, except for periods of time
during
which the
offender
is at the
offender's place of
employment or at other
premises as
authorized by the sentencing
court or by the parole board.
(2) The
offender is required
to report periodically
to a
person designated by the
court or parole board.
(3) The
offender is subject to any other
restrictions and
requirements that may be imposed by the
sentencing court or by the
parole board.
(R) "Intensive probation 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. "Intensive
probation
supervision"
includes intensive parole supervision and intensive
post-release
control supervision.
(S) "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.
(T) "Jail term" means the term in a jail that a sentencing
court
imposes or is authorized to impose pursuant to section
2929.24 or
2929.25 of the
Revised Code or pursuant to any other
provision of the Revised Code that authorizes a term in a jail for
a misdemeanor conviction.
(U) "Mandatory jail term" means the term in a jail that a
sentencing court is required to impose pursuant to division (G) of
section 1547.99 of the Revised Code, division (E) of
section
2903.06 or division (D) of section 2903.08 of the Revised
Code,
division (E) or (G) of section 2929.24 of the Revised Code,
division (B)
of section
4510.14 of the Revised Code, or division
(G) of section
4511.19 of
the Revised Code or pursuant to any
other provision of
the
Revised
Code that requires a term in a
jail for a misdemeanor
conviction.
(V) "Delinquent child" has the same meaning as in section
2152.02 of the
Revised Code.
(W) "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.
(X) "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 thousand
five hundred unit doses or two
hundred fifty grams of
heroin; at
least five thousand unit doses of
L.S.D. or five hundred grams of
L.S.D. in a
liquid concentrate, liquid extract, or liquid
distillate form; 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, or 2925.11 of the Revised
Code
that is based on the possession of, sale of, or offer to sell
the
controlled substance.
(Y) "Mandatory prison term" means any of the
following:
(1) Subject to division (Y)(2) of this section,
the term in
prison that must be imposed for the offenses or
circumstances set
forth in divisions (F)(1) to (8) or
(F)(12) to (14)(18) 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 or 2929.142 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 or one hundred twenty days in prison
that a sentencing court is required to impose for a third or
fourth degree
felony
OVI offense pursuant
to division (G)(2)
of
section 2929.13 and division
(G)(1)(d) or
(e) of
section
4511.19
of
the Revised Code or the term of one, two, three, four, or five
years in prison that a sentencing court is required to impose
pursuant to division (G)(2) of section 2929.13 of the Revised
Code.
(3) The term in prison imposed pursuant to division (A) of
section 2971.03
of the Revised Code for the offenses and in the
circumstances
described in
division (F)(11) of section 2929.13 of
the Revised
Code or pursuant to division (B)(1)(a), (b), or (c),
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section
2971.03 of the Revised Code and
that term as
modified or
terminated pursuant to
section
2971.05 of the Revised Code.
(Z) "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.
(AA) "Offender" means a person who,
in this state, is
convicted of or pleads guilty to a felony or a
misdemeanor.
(BB) "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.
(CC) "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.
(DD) "Repeat violent offender" means
a person about whom
both
of the following apply:
(1) The person is being sentenced for committing or for
complicity in
committing any of the following:
(a) Aggravated murder,
murder, any felony of the first or
second degree
that is an offense of violence, or an attempt to
commit any of these offenses if the attempt is a felony of the
first or second degree;
(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 described in division (DD)(1)(a) of this
section.
(2) The person previously was convicted of or pleaded
guilty
to an offense described in division (DD)(1)(a) or (b) of this
section.
(EE) "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
or
2929.24 to
2929.28 of the
Revised Code.
(FF) "Sentence" means the sanction or
combination of
sanctions imposed by the sentencing court on an
offender who is
convicted of or pleads guilty to
an offense.
(GG) "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, 2929.142, or 2971.03 of the
Revised Code or under section
2919.25 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
house arrest
with
electronic
monitoring imposed after
earning credits pursuant to
section
2967.193 of the Revised Code.
(HH) "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.
(II) "Fourth degree felony
OVI offense" means a
violation
of
division (A) of section
4511.19 of the Revised
Code
that, under
division (G) of that section, is a felony of the fourth
degree.
(JJ) "Mandatory term of local
incarceration" means the term
of sixty or one hundred twenty days in a jail, a
community-based
correctional facility, a halfway house, or an alternative
residential facility that a sentencing court may impose upon a
person who is convicted of or pleads guilty to a fourth degree
felony
OVI offense pursuant to division (G)(1) of section
2929.13
of the Revised Code and division
(G)(1)(d) or
(e)
of section
4511.19 of
the
Revised Code.
(KK) "Designated homicide, assault, or kidnapping
offense,"
"violent sex 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.
(LL) "Sexually oriented
offense,"
"child-victim oriented
offense," and
"tier III sex offender/child-victim offender," have
the same meanings as in section 2950.01
of the
Revised Code.
(MM) 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.
(NN) "Family or household member" has the same meaning as
in
section 2919.25 of the Revised Code.
(OO) "Motor vehicle" and "manufactured home" have the
same
meanings as in section 4501.01 of the Revised Code.
(PP) "Detention" and "detention facility" have the same
meanings as in section 2921.01 of the Revised Code.
(QQ) "Third degree felony
OVI offense" means a
violation of
division (A) of section 4511.19 of the Revised Code
that, under
division (G) of that section, is a felony of
the third
degree.
(RR) "Random drug testing" has the same meaning as in
section
5120.63 of the Revised Code.
(SS) "Felony sex offense" has the same meaning as in
section
2967.28 of the Revised Code.
(TT) "Body armor" has the same meaning as in section
2941.1411 of the Revised Code.
(UU) "Electronic monitoring" means monitoring through the
use
of an electronic monitoring device.
(VV) "Electronic monitoring device" means any of the
following:
(1) Any device that can be operated by electrical or battery
power and that conforms with all of the following:
(a) The device has a transmitter that can be attached to a
person, that will transmit a specified signal to a receiver of the
type described in division (VV)(1)(b) of this section if the
transmitter is removed from the person, turned off, or altered in
any manner without prior court approval in relation to electronic
monitoring or without prior approval of the department of
rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with, that can transmit continuously and
periodically a signal to that receiver when the person is within a
specified distance from the receiver, and that can transmit an
appropriate signal to that receiver if the person to whom it is
attached travels a specified distance from that receiver.
(b) The device has a receiver that can receive continuously
the signals transmitted by a transmitter of the type described in
division (VV)(1)(a) of this section, can transmit continuously
those signals by telephone to a central monitoring computer of the
type described in division (VV)(1)(c) of this section, and can
transmit continuously an appropriate signal to that central
monitoring computer if the receiver is turned off or altered
without prior court approval or otherwise tampered with.
(c) The device has a central monitoring computer that can
receive continuously the signals transmitted by telephone by a
receiver of the type described in division (VV)(1)(b) of this
section and can monitor continuously the person to whom an
electronic monitoring device of the type described in division
(VV)(1)(a) of this section is attached.
(2) Any device that is not a device of the type described in
division (VV)(1) of this section and that conforms with all of the
following:
(a) The device includes a transmitter and receiver that can
monitor and determine the location of a subject person at any
time, or at a designated point in time, through the use of a
central monitoring computer or through other electronic means.
(b) The device includes a transmitter and receiver that can
determine at any time, or at a designated point in time, through
the use of a central monitoring computer or other electronic means
the fact that the transmitter is turned off or altered in any
manner without prior approval of the court in relation to the
electronic monitoring or without prior approval of the department
of rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with.
(3) Any type of technology that can adequately track or
determine the location of a subject person at any time and that is
approved by the director of rehabilitation and correction,
including, but not limited to, any satellite technology, voice
tracking system, or retinal scanning system that is so approved.
(WW) "Non-economic loss" means nonpecuniary harm suffered by
a victim of an offense as a result of or related to the commission
of the offense, including, but not limited to, pain and suffering;
loss of society, consortium, companionship, care, assistance,
attention, protection, advice, guidance, counsel, instruction,
training, or education; mental anguish; and any other intangible
loss.
(XX) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(YY) "Continuous alcohol monitoring" means the ability to
automatically test and periodically transmit alcohol consumption
levels and tamper attempts at least every hour, regardless of the
location of the person who is being monitored.
(ZZ) A person is "adjudicated a sexually violent predator" if
the person is convicted of or pleads guilty to a violent sex
offense and also is convicted of or pleads guilty to a sexually
violent predator specification that was included in the
indictment, count in the indictment, or information charging that
violent sex offense or if the person is convicted of or pleads
guilty to a designated homicide, assault, or kidnapping offense
and also is convicted of or pleads guilty to both a sexual
motivation specification and a sexually violent predator
specification that were included in the indictment, count in the
indictment, or information charging that designated homicide,
assault, or kidnapping offense.
(AAA) An offense is "committed in proximity to a school" if
the offender commits the offense in a school safety zone or within
five hundred feet of any school building or the boundaries of any
school premises, regardless of whether the offender knows the
offense is being committed in a school safety zone or within five
hundred feet of any school building or the boundaries of any
school premises.
(BBB) "Human trafficking" means a scheme or plan to which all
of the following apply:
(1) Its object is to compel a victim or victims to engage in
sexual activity for hire, to engage in a performance that is
obscene, sexually oriented, or nudity oriented, or to be a model
or participant in the production of material that is obscene,
sexually oriented, or nudity oriented.
(2) It involves at least two felony offenses, whether or not
there has been a prior conviction for any of the felony offenses,
to which all of the following apply:
(a) Each of the felony offenses is a violation of section
2905.01, 2905.02, 2907.21, 2907.22, or 2923.32, division (A)(1) or
(2) of section 2907.323, or division (B)(1), (2), (3), (4), or (5)
of section 2919.22 of the Revised Code or is a violation of a law
of any state other than this state that is substantially similar
to any of the sections or divisions of the Revised Code identified
in this division.
(b) At least one of the felony offenses was committed in this
state.
(c) The felony offenses are related to the same scheme or
plan, are not isolated instances, and are not so closely related
to each other and connected in time and place that they constitute
a single event or transaction.
(CCC) "Material," "nudity," "obscene," "performance," and
"sexual activity" have the same meanings as in section 2907.01 of
the Revised Code.
(DDD) "Material that is obscene, sexually oriented, or nudity
oriented" means any material that is obscene, that shows a person
participating or engaging in sexual activity, masturbation, or
bestiality, or that shows a person in a state of nudity.
(EEE) "Performance that is obscene, sexually oriented, or
nudity oriented" means any performance that is obscene, that shows
a person participating or engaging in sexual activity,
masturbation, or bestiality, or that shows a person in a state of
nudity.
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
shall
impose a any financial
sanction pursuant to section 2929.18
of the
Revised
Code that is required for the offense and may
impose any other financial sanction pursuant to that section 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) or (B) 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) or (B) 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, section 2929.142, 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 term or 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 guilty of a violation of division
(A)(1)(b) of section 2907.02 of the Revised Code and would be
sentenced under section 2971.03 of the Revised Code;
(3) Gross sexual imposition or sexual battery, if the victim
is less than
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
less than
thirteen years of age;
(b) Regarding gross sexual imposition, the offense was
committed on or after 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 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 less
than
thirteen
years of age.
(ii) The offense was committed on or after August 3, 2006.
(4) A felony violation of section 2903.04, 2903.06,
2903.08,
2903.11, 2903.12,
2903.13, or 2907.07 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;
(15) Kidnapping, in the circumstances specified in section
2971.03 of the Revised Code and when no other provision of
division (F) of this section applies;
(16) Kidnapping, abduction, compelling prostitution,
promoting prostitution, engaging in a pattern of corrupt activity,
illegal use of a minor in a
nudity-oriented material or
performance in violation of division (A)(1) or (2) of section
2907.323 of the Revised Code, or endangering children in violation
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of
the Revised Code, if the offender is
convicted of or pleads
guilty to a specification as described in
section 2941.1422 of
the Revised Code that was included in the
indictment, count in
the indictment, or information charging the
offense;
(17) A felony violation of division (A) or (B) of section
2919.25 of the Revised Code if division (D)(3), (4), or (5) of
that section, and division (A)(6) of that section, require the
imposition of a prison term;
(18) A felony violation of section 2903.11, 2903.12, or
2903.13 of the Revised Code, if the victim of the offense was a
woman that the offender knew was pregnant at the time of the
violation, with respect to a portion of the sentence imposed
pursuant to division (D)(8) 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 or child-victim oriented offense that is a felony
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.
(I) If an offender is being sentenced
for a sexually
oriented
offense or 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. If
required
under division
(A)(2) of section 2950.03 of
the
Revised
Code, the judge shall perform the
duties specified in that
section, or, if required under division (A)(6) of section 2950.03
of the Revised Code, the judge shall perform the duties specified
in that division.
(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 for any sexually
oriented offense, if the offender is a
tier III sex
offender/child-victim offender relative to that
offense and 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), (D)(7), (D)(8),
(G), (I),
(J), or
(L) of
this
section or in division (D)(6) of
section 2919.25 of the Revised Code 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), (D)(7), (D)(8), (G), (I), (J), or (L) of
this
section, in
section
2907.02 or, 2907.05, or 2919.25
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 (D)(7), (D)(8), (G), or
(L) of
this section, in section 2919.25 of the Revised Code,
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. Except as provided in division (D)(1)(g) of this section,
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) or
(b) of this
section upon an offender for a violation of section
2923.122 that
involves a deadly weapon that is a firearm other
than a dangerous
ordnance, section 2923.16, or section 2923.121
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. If an
offender is convicted of or pleads guilty to two or
more felonies
that include, as an essential element, causing or
attempting to
cause the death or physical harm to another and
also is convicted
of or pleads guilty to a specification of the
type described under
division (D)(1)(f) of this section in
connection with two or more
of the felonies of which the offender
is convicted or to which the
offender pleads guilty, the
sentencing court shall impose on the
offender the prison term
specified under division (D)(1)(f) of
this section for each of
two of the specifications of which the
offender is convicted or
to which the offender pleads guilty and,
in its discretion, also
may impose on the offender the prison term
specified under that
division for any or all of the remaining
specifications.
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.
(g) If an offender is convicted of or pleads guilty to two
or more felonies, if one or more of those felonies is aggravated
murder, murder, attempted aggravated murder, attempted murder,
aggravated robbery, felonious assault, or rape, and if the
offender is convicted of or pleads guilty to a specification of
the type described under division (D)(1)(a) of this section in
connection with two or more of the felonies, the sentencing court
shall impose on the offender the prison term specified under
division (D)(1)(a) of this section for each of the two most
serious specifications of which the offender is convicted or to
which the offender pleads guilty and, in its discretion, also may
impose on the offender the prison term specified under that
division for any or all of the remaining specifications.
(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.
(7)(a) If an offender is convicted of or pleads guilty to a
felony
violation of section 2905.01, 2905.02, 2907.21, 2907.22,
or
2923.32, division (A)(1) or (2) of section 2907.323, or
division
(B)(1), (2), (3), (4), or (5) of section 2919.22
of the
Revised
Code and also is convicted of or pleads guilty to a
specification
of the type described in section 2941.1422 of the
Revised Code
that charges that the offender knowingly committed
the offense in
furtherance of human trafficking, the court shall
impose on the
offender a
mandatory prison term that is one of
the following:
(i) If the offense is a felony of the first degree, a
definite prison term of not less than five years and not greater
than ten years;
(ii) If the offense is a felony of the second or third
degree, a definite prison term of not less than three years and
not greater than the maximum prison term allowed for the offense
by division (A) of section 2929.14 of the Revised Code;
(iii) If the offense is a felony of the fourth or fifth
degree, a definite prison term that is the maximum prison term
allowed for the offense by division (A) of section 2929.14 of the
Revised.
(b) The prison term imposed under division (D)(7)(a) of this
section shall not be reduced pursuant to section
2929.20, section
2967.193, or any other provision of Chapter 2967.
of the Revised
Code. A court shall not impose more than one prison
term on an
offender under division (D)(7)(a) of this section for
felonies
committed as part of the same act, scheme, or plan.
(8) If an offender is convicted of or pleads guilty to a
felony violation of section 2903.11, 2903.12, or 2903.13 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1423 of the
Revised Code that charges that the victim of the violation was a
woman whom the offender knew was pregnant at the time of the
violation, notwithstanding the range of prison terms prescribed in
division (A) of this
section for felonies of the same
degree as
the violation, the court shall impose on the offender a
mandatory
prison term that is either a definite prison term of six
months
or one of the prison terms prescribed in section 2929.14 of
the
Revised Code for felonies of the same degree as the violation.
(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.
(d) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(7) or (8) of this section, the offender
shall
serve the mandatory prison term so imposed consecutively to
any
other mandatory prison term imposed under that division or
under any other provision of law 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 or section 2929.142 of
the Revised Code. 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 or section 2929.142 of the Revised
Code.
(6) When consecutive prison terms are imposed pursuant
to
division (E)(1), (2), (3), (4), or (5) or division (J)(1) or (2)
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 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 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 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) 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 if any of the
following apply:
(1) 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.
(2) A person is convicted of or pleads guilty to a violation
of division (A)(1)(b) of section 2907.02 of the Revised Code
committed on or after January
2, 2007, and either the court does
not impose a sentence of life
without parole when authorized
pursuant to division (B) of section
2907.02 of the Revised Code,
or division (B) of section 2907.02 of
the Revised Code provides
that the court shall not sentence the
offender pursuant to
section 2971.03 of the Revised Code.
(3) A person is convicted of or pleads guilty to attempted
rape committed on or after
January 2, 2007, and a specification
of the type described in
section 2941.1418, 2941.1419, or
2941.1420 of the Revised Code.
(4) A person is convicted of or pleads guilty to a violation
of section 2905.01 of the Revised Code committed on or after
January 1, 2008, and that section
requires the
court to sentence
the offender pursuant to section
2971.03 of the
Revised Code.
(5) A person is convicted of or pleads guilty to aggravated
murder committed on or after
January 1, 2008,
and division
(A)(2)(b)(ii) of section 2929.022,
division
(A)(1)(e),
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b),
(D)(3)(a)(iv),
or
(E)(1)(d) of section 2929.03, or division (A)
or (B) of section
2929.06 of the Revised Code requires the court
to sentence the
offender pursuant to division (B)(3) of section
2971.03 of the
Revised Code.
(6) A person is convicted of or pleads guilty to murder
committed on or after January
1, 2008, and
division (B)(2) of
section 2929.02 of the Revised
Code requires
the court to
sentence the offender pursuant to
section 2971.03 of
the Revised
Code.
(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 2929.142 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)(1) 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.
(2)(a) If an offender is convicted of or pleads guilty to a
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25
of the Revised Code and to a specification of the type described
in section 2941.1421 of the Revised Code and if the court imposes
a prison term on the offender for the felony violation, the court
may impose upon the offender an additional prison term as follows:
(i) Subject to division (J)(2)(a)(ii) of this section, an
additional prison term of one, two, three, four, five, or six
months;
(ii) If the offender previously has been convicted of or
pleaded guilty to one or more felony or misdemeanor violations of
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the
Revised Code and also was convicted of or pleaded guilty to a
specification of the type described in section 2941.1421 of the
Revised Code regarding one or more of those violations, an
additional prison term of one, two, three, four, five, six, seven,
eight, nine, ten, eleven, or twelve months.
(b) In lieu of imposing an additional prison term under
division (J)(2)(a) of this section, the court may directly impose
on the offender a sanction that requires the offender to wear a
real-time processing, continual tracking electronic monitoring
device during the period of time specified by the court. The
period of time specified by the court shall equal the duration of
an additional prison term that the court could have imposed upon
the offender under division (J)(2)(a) of this section. A sanction
imposed under this division shall commence on the date specified
by the court, provided that the sanction shall not commence until
after the offender has served the prison term imposed for the
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25
of the Revised Code and any residential sanction imposed for the
violation under section 2929.16 of the Revised Code. A sanction
imposed under this division shall be considered to be a community
control sanction for purposes of section 2929.15 of the Revised
Code, and all provisions of the Revised Code that pertain to
community control sanctions shall apply to a sanction imposed
under this division, except to the extent that they would by their
nature be clearly inapplicable. The offender shall pay all costs
associated with a sanction imposed under this division, including
the cost of the use of the monitoring device.
(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.
(L) If a person is convicted of or pleads guilty to
aggravated vehicular homicide in violation of division (A)(1) of
section 2903.06 of the Revised Code and division (B)(2)(c) of that
section applies, the person shall be sentenced pursuant to section
2929.142 of the Revised Code.
Sec. 2929.18. (A) Except as otherwise provided in this
division and in addition to imposing court costs pursuant to
section 2947.23
of the Revised Code, the court imposing a sentence
upon an offender for a
felony may sentence the offender to any
financial sanction or combination of
financial
sanctions
authorized under this section or, in the circumstances specified
in section
2929.32 of the Revised Code, may impose upon
the
offender a fine in accordance with that section.
Financial
sanctions
that may be imposed pursuant to this section
include,
but are
not limited to, the following:
(1) Restitution by the offender to the victim of the
offender's crime or any survivor of the victim, in an amount
based
on the victim's economic loss. If the court imposes restitution,
the court shall order that the
restitution be made
to the victim
in open court, to the adult
probation department that serves
the
county
on behalf of the
victim, to the clerk of courts, or to
another agency
designated by
the court. If the court imposes
restitution, at sentencing, the court shall determine
the
amount
of
restitution to be made by the offender.
If the court imposes
restitution, the court may
base the amount of restitution it
orders on an amount recommended
by the victim, the offender, a
presentence investigation report,
estimates or receipts indicating
the cost of repairing or
replacing property, and other
information, provided that the amount the court orders as
restitution shall not exceed the amount of the economic loss
suffered by the victim as a direct and proximate result of the
commission of the offense. If the court decides to impose
restitution, the court shall hold a
hearing on restitution if the
offender, victim, or survivor
disputes the amount. All
restitution
payments
shall be credited
against any recovery of
economic loss
in a
civil action brought by
the victim or any
survivor of the
victim
against the offender.
If the court imposes restitution, the court may order that
the offender pay a surcharge of not
more than five per cent of the
amount of the restitution otherwise
ordered to the entity
responsible for collecting and processing
restitution payments.
The victim or survivor may request that the prosecutor in the
case file a motion, or the offender may file a motion, for
modification of the payment terms of any restitution ordered. If
the court grants the motion, it may modify the payment terms as it
determines appropriate.
(2) Except as provided in division (B)(1), (3), or (4) of
this section, a fine payable by the offender to the state, to a
political subdivision, or as described in division (B)(2)
of this
section to one or more law enforcement agencies, with the
amount
of the fine based on a standard percentage of the
offender's daily
income over a period of time determined by the
court and based
upon the seriousness of the offense. A fine
ordered under this
division shall not exceed the
maximum conventional fine
amount
authorized for
the level of the offense under division
(A)(3) of
this section.
(3) Except as provided in division (B)(1), (3), or (4) of
this section, a fine payable by the offender to the state, to a
political subdivision when appropriate for a felony, or as
described in division (B)(2) of this section to one or
more law
enforcement agencies, in the following amount:
(a) For a felony of the first degree, not more
than twenty
thousand dollars;
(b) For a felony of the second degree, not more
than fifteen
thousand dollars;
(c) For a felony of the third degree, not more
than ten
thousand dollars;
(d) For a felony of the fourth degree, not more
than five
thousand dollars;
(e) For a felony of the fifth degree, not more
than two
thousand five hundred dollars.
(4)
A state fine or costs as defined in section 2949.111 of
the Revised Code.
(5)(a)
Reimbursement by the
offender of any or
all of the
costs of
sanctions incurred by the government,
including the
following:
(i) All or part of the costs of implementing
any community
control sanction, including a supervision fee under section
2951.021 of the Revised Code;
(ii) All or part of the costs of confinement
under a
sanction
imposed pursuant to section 2929.14, 2929.142, or 2929.16
of the
Revised Code, provided that the amount of
reimbursement ordered
under this division shall not exceed
the total amount of
reimbursement the
offender is able to pay as determined at a
hearing and shall not exceed the
actual cost of the confinement;
(iii) All or part of the cost of purchasing and using an
immobilizing or disabling device, including a certified ignition
interlock device, or a remote alcohol monitoring device that a
court orders an offender to use under section 4510.13 of the
Revised Code.
(b) If the offender is sentenced to a sanction of
confinement
pursuant to
section 2929.14 or 2929.16 of the Revised
Code that is
to be served in a facility
operated by a board of
county
commissioners, a legislative authority of a
municipal
corporation,
or another local governmental entity,
if, pursuant to
section
307.93, 341.14, 341.19,
341.23,
753.02, 753.04, 753.16,
2301.56,
or 2947.19 of the Revised
Code
and section 2929.37 of the
Revised
Code,
the
board,
legislative
authority, or other local
governmental
entity requires
prisoners
to
reimburse
the county,
municipal
corporation,
or other entity
for
its expenses incurred
by reason
of the
prisoner's confinement,
and if the
court
does not
impose a
financial
sanction under
division (A)(5)(a)(ii)
of this
section,
confinement
costs may be
assessed pursuant to section
2929.37 of
the Revised Code. In
addition, the offender may be
required to pay
the fees specified
in section 2929.38 of the
Revised Code in
accordance with that
section.
(c) Reimbursement by the offender for costs
pursuant to
section
2929.71 of the Revised Code.
(B)(1) For a first, second, or third degree
felony violation
of any provision of Chapter 2925.,
3719., or 4729. of the Revised
Code, the
sentencing court shall impose upon the offender a
mandatory fine
of at least one-half of, but not more than, the
maximum statutory
fine amount authorized for the level of the
offense pursuant to
division (A)(3) of this section. If an
offender alleges in an affidavit filed
with the court prior
to
sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an
indigent person and is unable to pay the mandatory fine described
in this
division, the court shall not impose the mandatory fine
upon the offender.
(2) Any mandatory fine imposed upon an offender under
division (B)(1) of this section and any fine imposed upon
an
offender under division (A)(2) or (3) of this section
for any
fourth or fifth degree felony violation of any provision
of
Chapter 2925., 3719., or 4729. of the Revised
Code shall be paid
to law enforcement agencies pursuant
to division (F) of section
2925.03 of the Revised
Code.
(3) For a fourth degree felony
OVI
offense and for a third
degree felony OVI offense, the sentencing
court shall impose upon
the offender a mandatory fine
in the amount specified in division
(G)(1)(d) or (e) of section 4511.19
of the Revised
Code, whichever
is applicable. The
mandatory fine
so imposed shall be
disbursed
as
provided in
the division pursuant to which it is imposed.
(4) Notwithstanding any fine
otherwise authorized or
required
to be imposed under division
(A)(2) or (3) or (B)(1) of
this
section or section 2929.31
of the Revised Code for a
violation of
section 2925.03 of the Revised Code, in
addition to
any
penalty or
sanction imposed for that offense under section
2925.03 or
sections 2929.11 to 2929.18 of the
Revised Code and in
addition to
the
forfeiture of property in connection with the
offense as
prescribed in Chapter 2981. of the
Revised Code, the court that
sentences
an offender for a violation
of section 2925.03 of
the
Revised Code may impose upon the
offender a fine in addition to
any fine imposed under division
(A)(2) or (3) of this section
and
in addition to any mandatory
fine imposed under division
(B)(1) of
this section. The fine
imposed under division
(B)(4) of this
section shall be used as
provided in division
(H) of section
2925.03 of the Revised Code.
A
fine
imposed under division (B)(4)
of this section shall not
exceed
whichever of the following is
applicable:
(a) The total value of any personal
or real property in
which
the offender has an interest and that
was used in the course
of,
intended for use in the course of,
derived from, or realized
through conduct in violation of
section 2925.03 of the Revised
Code, including any
property that constitutes proceeds derived
from that offense;
(b) If the offender has no interest
in any property of the
type described in division
(B)(4)(a) of this section or if it is
not possible to
ascertain whether
the offender has an interest in
any property of that type in
which the offender may have an
interest, the amount of the
mandatory fine for the offense imposed
under division
(B)(1) of this section or, if no mandatory fine is
imposed under
division (B)(1) of this section, the amount of the
fine authorized
for the level of the offense
imposed under
division (A)(3) of this section.
(5) Prior to imposing a fine under division
(B)(4) of this
section, the
court shall determine whether the offender has an
interest in
any property of the type described in division
(B)(4)(a) of this section. Except as provided in
division (B)(6)
or (7) of this section,
a fine that is authorized and imposed
under division
(B)(4) of this section does not
limit or affect the
imposition of the penalties and sanctions
for a violation of
section 2925.03 of the Revised Code
prescribed under
those
sections
or sections 2929.11 to 2929.18 of the
Revised Code and
does not limit or
affect a forfeiture of property in connection
with the offense
as prescribed in Chapter 2981. of
the
Revised
Code.
(6) If the sum total of a mandatory fine amount imposed
for
a
first, second, or third degree felony violation of section
2925.03
of the Revised Code under division
(B)(1) of this section
plus the
amount of any fine imposed under division
(B)(4) of this
section
does not
exceed the maximum statutory fine amount
authorized for
the
level of the offense under division (A)(3) of
this section or
section 2929.31 of the Revised Code, the court may
impose a
fine
for the offense in addition to the mandatory fine
and the
fine
imposed under division (B)(4) of this section. The
sum total of
the amounts of the mandatory fine, the fine imposed
under division
(B)(4) of this
section, and the additional fine
imposed under
division
(B)(6) of this section shall
not exceed the
maximum
statutory fine amount authorized for the
level of the
offense
under division (A)(3) of this section or
section 2929.31
of the
Revised Code. The clerk of the court
shall pay any fine
that is
imposed under division
(B)(6) of this section to the
county,
township, municipal
corporation, park district as
created
pursuant
to section 511.18 or 1545.04 of the
Revised Code, or
state law
enforcement
agencies in this state that primarily were
responsible
for or
involved in making the arrest of, and in
prosecuting, the
offender pursuant to division (F) of section
2925.03 of the
Revised Code.
(7) If the sum total of the amount of a mandatory fine
imposed for a first, second, or third degree felony violation of
section 2925.03 of the Revised Code plus the amount of any
fine
imposed under division (B)(4) of this section exceeds
the maximum
statutory fine amount authorized for the level of
the offense
under division (A)(3) of this section or
section 2929.31 of the
Revised Code, the court shall not
impose a fine under division
(B)(6) of this section.
(8)(a) If an offender who is convicted of or pleads guilty to
a violation of section 2905.01, 2905.02, 2907.21, 2907.22, or
2923.32, division (A)(1) or (2) of section 2907.323, or division
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised
Code also is convicted of or pleads guilty to a specification of
the type described in section 2941.1422 of the Revised Code that
charges that the offender knowingly committed the offense in
furtherance of human trafficking, the sentencing court shall
sentence the offender to a financial sanction of restitution by
the offender to the victim or any survivor of the victim, with the
restitution including the costs of housing, counseling, and
medical and legal assistance incurred by the victim as a direct
result of the offense and the greater of the following:
(i) The gross income or value to the offender of the victim's
labor or services;
(ii) The value of the victim's labor as guaranteed under the
minimum wage and overtime provisions of the "Federal Fair Labor
Standards Act of 1938," 52 Stat. 1060, 20 U.S.C. 207, and state
labor laws.
(b) If a court imposing sentence upon an offender for a
felony is required to impose upon the offender a financial
sanction of restitution under division (B)(8)(a) of this section,
in addition to that financial sanction of restitution, the court
may sentence the offender to any other financial sanction or
combination of financial sanctions authorized under this section,
including a restitution sanction under division (A)(1) of this
section.
(C)(1) The offender shall pay reimbursements
imposed upon
the
offender pursuant to division
(A)(5)(a) of this
section to
pay
the
costs incurred by the department of rehabilitation and
correction
in operating a
prison or other facility used to confine
offenders
pursuant to sanctions
imposed under section 2929.14, 2929.142, or
2929.16 of the Revised
Code to the treasurer of state. The
treasurer of state
shall deposit the reimbursements in the
confinement cost
reimbursement fund that is hereby created in the
state
treasury. The department of rehabilitation and correction
shall
use the amounts deposited in the fund to fund the operation
of
facilities used to confine offenders pursuant to sections
2929.14, 2929.142,
and 2929.16 of the Revised Code.
(2) Except as provided in section 2951.021 of the Revised
Code, the offender
shall pay reimbursements imposed upon the
offender pursuant to division
(A)(5)(a) of this
section to pay
the
costs incurred by a county pursuant to any
sanction imposed
under
this section or section 2929.16 or 2929.17
of the Revised
Code or
in operating a facility
used to confine offenders pursuant
to a
sanction imposed under
section 2929.16 of the Revised Code to
the
county
treasurer. The county treasurer shall deposit the
reimbursements in the sanction cost reimbursement fund that each
board of county commissioners shall create in its county
treasury.
The county shall use the amounts deposited in the fund
to pay the
costs incurred by the county pursuant to any sanction
imposed
under this section or section 2929.16 or 2929.17 of the
Revised
Code or in operating a facility used to
confine offenders pursuant
to a sanction imposed under section
2929.16 of the Revised Code.
(3) Except as provided in section 2951.021 of the Revised
Code, the offender
shall pay reimbursements imposed upon the
offender pursuant to division
(A)(5)(a) of this
section to pay
the
costs incurred by a municipal corporation
pursuant to any
sanction
imposed under this section or section
2929.16 or 2929.17
of the
Revised Code or in
operating a facility used to confine
offenders
pursuant to a
sanction imposed under section 2929.16 of
the
Revised
Code to the treasurer of the municipal
corporation.
The
treasurer shall deposit the reimbursements
in a special fund
that
shall be established in the
treasury of each municipal
corporation. The municipal
corporation shall use the amounts
deposited in the fund to pay
the costs incurred by the municipal
corporation pursuant to any
sanction imposed under this section or
section 2929.16 or 2929.17
of the Revised Code or in operating a
facility
used to confine offenders pursuant to a sanction imposed
under
section 2929.16 of the Revised Code.
(4) Except as provided in section 2951.021 of the Revised
Code, the offender
shall pay reimbursements imposed pursuant to
division
(A)(5)(a) of this section for the costs incurred by a
private provider pursuant to a sanction imposed under this section
or section
2929.16 or 2929.17 of the Revised Code to the provider.
(D)
Except as otherwise provided in this division, a
financial sanction imposed pursuant to division (A) or
(B) of this
section is a judgment in favor of the state or a
political
subdivision in which the court that imposed the
financial
sanction
is located, and the offender subject to the financial sanction is
the judgment debtor. A financial sanction of
reimbursement
imposed
pursuant to division
(A)(5)(a)(ii) of this
section upon
an
offender who is incarcerated in a state facility
or a municipal
jail is a judgment in favor of the state or the
municipal
corporation, and the offender subject to the financial sanction is
the judgment debtor. A financial sanction of reimbursement
imposed
upon an
offender pursuant to this section for costs
incurred by a
private provider of
sanctions is a judgment in favor
of the
private provider, and the offender subject to the financial
sanction is the judgment debtor. A
financial sanction of
restitution
imposed
pursuant to division (A)(1) or (B)(8) of this
section is an order in favor
of the
victim of
the offender's
criminal act that can be collected
through execution as described
in division (D)(1) of this section
or through an order as
described in division (D)(2) of this
section, and the offender
shall be considered for purposes of the
collection as the
judgment debtor. Imposition of a financial
sanction and execution
on the
judgment does not preclude any other
power of the court to
impose or enforce
sanctions on the offender.
Once the financial
sanction is
imposed as a judgment or order
under this division,
the victim,
private provider, state, or
political subdivision may
bring an
action to do any of the
following:
(1) Obtain execution of the judgment or order through any
available
procedure, including:
(a) An execution against the property of the
judgment debtor
under Chapter 2329. of the
Revised Code;
(b) An execution against the person of the
judgment debtor
under Chapter 2331. of the
Revised Code;
(c) A proceeding in aid of execution under
Chapter 2333. of
the Revised Code,
including:
(i) A proceeding for the examination of the
judgment debtor
under sections 2333.09 to 2333.12 and sections
2333.15 to 2333.27
of the Revised Code;
(ii) A proceeding for attachment of the person
of the
judgment debtor under section 2333.28 of the
Revised Code;
(iii) A creditor's suit under section 2333.01
of the Revised
Code.
(d) The attachment of the property of the
judgment debtor
under Chapter 2715. of the
Revised Code;
(e) The garnishment of the property of the
judgment debtor
under Chapter 2716. of the Revised Code.
(2) Obtain an order for the assignment of wages of the
judgment debtor under section 1321.33 of the Revised
Code.
(E) A court that imposes a financial sanction upon an
offender may hold a
hearing if necessary to determine whether the
offender is able to pay the
sanction or is likely in the future to
be able to pay it.
(F) Each court imposing a financial sanction
upon an
offender
under this section or under section
2929.32 of
the
Revised
Code
may designate
the clerk of the court
or another person to collect
the financial sanction. The
clerk or other person authorized by
law or the court to collect
the financial sanction may
enter into
contracts with one or more
public agencies or private
vendors for
the collection of, amounts
due under the financial
sanction
imposed pursuant to this
section
or section
2929.32 of
the Revised
Code. Before entering
into a
contract for the
collection of
amounts due from an offender
pursuant to any
financial sanction
imposed
pursuant to this
section or section
2929.32 of the Revised
Code,
a court
shall comply with sections
307.86 to 307.92 of the
Revised Code.
(G) If a court that imposes a financial
sanction under
division (A) or (B) of this section
finds that an offender
satisfactorily
has completed all other sanctions imposed upon the
offender and that all
restitution that has been ordered has been
paid as ordered, the
court may suspend any financial sanctions
imposed pursuant to this section
or section
2929.32 of the
Revised
Code that have not been
paid.
(H) No financial sanction imposed under this
section or
section
2929.32 of the Revised Code shall preclude a
victim from
bringing a civil action against the offender.
Sec. 2929.24. (A) Except as provided in section 2929.22 or
2929.23 of
the
Revised Code or division (E) or (F) of this section
and unless another term is required or
authorized
pursuant to law,
if the sentencing
court imposing a
sentence upon
an offender for a
misdemeanor elects or is
required
to impose a
jail
term on the
offender pursuant to this chapter,
the court
shall impose
a
definite jail term that shall be one of
the
following:
(1) For a misdemeanor of the first degree, not more than one
hundred eighty days;
(2) For a misdemeanor of the second degree, not more than
ninety
days;
(3) For a misdemeanor of the third degree, not more than
sixty
days;
(4) For a misdemeanor of the fourth degree, not more than
thirty
days.
(B) A court that sentences an offender to a jail term under
this
section may permit the offender to serve the sentence in
intermittent confinement or may authorize a
limited release of the
offender as provided in division (B) of
section 2929.26 of the
Revised Code.
(C) If a court sentences an offender to a jail term under
this
section and the court assigns the offender to a county jail
that
has established a county jail industry program pursuant to
section
5147.30 of the Revised Code, the court shall specify, as
part of
the sentence, whether the offender may be considered for
participation in the program. During the offender's term in the
county
jail, the court retains jurisdiction to modify its
specification
regarding the offender's participation in the county
jail industry
program.
(D) If a person is sentenced to a jail term
pursuant to this
section, the
court may impose as part of the sentence pursuant to
section
2929.28 of the Revised Code a reimbursement sanction, and,
if
the
local detention facility in which the term is to be served
is covered by a policy adopted
pursuant
to section 307.93, 341.14,
341.19, 341.21, 341.23,
753.02, 753.04,
753.16, 2301.56, or
2947.19 of the Revised Code
and section
2929.37 of the Revised
Code, both of the following
apply:
(1) The court shall specify both of the following as part of
the sentence:
(a) If the person is presented with an itemized bill pursuant
to section 2929.37 of the Revised Code for payment of the costs of
confinement, the person is required to pay the bill in accordance
with that section.
(b) If the person does not dispute the bill described in
division (D)(1)(a) of this section and does not pay the bill by
the times specified in section 2929.37 of the Revised Code, the
clerk of the court may
issue a certificate of judgment against the
person as described in
that section.
(2) The sentence automatically includes any certificate of
judgment issued as described in division (D)(1)(b) of this
section.
(E) If an offender who is convicted of or pleads guilty to a
violation of division (B) of section 4511.19 of the Revised Code
also is convicted of or also pleads guilty to a specification of
the type described in section 2941.1416 of the Revised Code and
if
the court imposes a
jail term on the offender for the underlying
offense, the court shall
impose upon the offender an additional
definite jail term of not more than six months. The
additional
jail term shall not be reduced pursuant to
any provision of the
Revised Code. The offender shall serve the
additional jail term
consecutively to and prior to the
jail term imposed for the
underlying offense and
consecutively
to any other mandatory term
imposed in relation to
the offense.
(F)(1) If an offender is convicted of or pleads guilty to a
misdemeanor violation of section 2907.23, 2907.24, 2907.241, or
2907.25 of the Revised Code and to a specification of the type
described in section 2941.1421 of the Revised Code and if the
court imposes a jail term on the offender for the misdemeanor
violation, the court may impose upon the offender an additional
definite jail term as follows:
(a) Subject to division (F)(1)(b) of this section, an
additional definite jail term of not more than sixty days;
(b) If the offender previously has been convicted of or
pleaded guilty to one or more misdemeanor or felony violations of
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the
Revised Code and also was convicted of or pleaded guilty to a
specification of the type described in section 2941.1421 of the
Revised Code regarding one or more of those violations, an
additional definite jail term of not more than one hundred twenty
days.
(2) In lieu of imposing an additional definite jail term
under division (F)(1) of this section, the court may directly
impose on the offender a sanction that requires the offender to
wear a real-time processing, continual tracking electronic
monitoring device during the period of time specified by the
court. The period of time specified by the court shall equal the
duration of an additional jail term that the court could have
imposed upon the offender under division (F)(1) of this section. A
sanction imposed under this division shall commence on the date
specified by the court, provided that the sanction shall not
commence until after the offender has served the jail term imposed
for the misdemeanor violation of section 2907.23, 2907.24,
2907.241, or 2907.25 of the Revised Code and any residential
sanction imposed for the violation under section 2929.26 of the
Revised Code. A sanction imposed under this division shall be
considered to be a community control sanction for purposes of
section 2929.25 of the Revised Code, and all provisions of the
Revised Code that pertain to community control sanctions shall
apply to a sanction imposed under this division, except to the
extent that they would by their nature be clearly inapplicable.
The offender shall pay all costs associated with a sanction
imposed under this division, including the cost of the use of the
monitoring device.
(G) If an offender is convicted of or pleads guilty to a
misdemeanor violation of section 2903.13 of the Revised Code and
also is convicted of or pleads guilty to a specification of the
type described in section 2941.1423 of the Revised Code that
charges that the victim of the violation was a woman whom the
offender knew was pregnant at the time of the violation, the court
shall impose on the offender a mandatory jail term that is a
definite term of at least thirty days.
Sec. 2941.1422. (A) Imposition of a mandatory prison term
under division (D)(7) of
section 2929.14 of the Revised Code is
precluded unless the
offender is convicted of or pleads guilty to
a felony violation of section
2905.01, 2905.02, 2907.21, 2907.22,
or
2923.32,
division (A)(1) or (2) of section 2907.323, or
division
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the
Revised
Code and
unless the indictment, count in the indictment,
or
information
charging the offense specifies that the offender
knowingly committed the offense in furtherance of human
trafficking. 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 defendant knowingly committed the offense in furtherance
of human trafficking)."
(B) As used in this section, "human trafficking" has the same
meaning as in section 2929.01 of the Revised Code.
Sec. 2941.1423. Imposition of a mandatory prison term under
division (D)(8) of section 2929.14 of the Revised Code or a
mandatory jail term under division (F) of section 2929.24 of the
Revised Code is precluded unless the offender is convicted of or
pleads guilty to a violation of section 2903.11, 2903.12, or
2903.13 of the Revised Code and unless the indictment, count in
the indictment, or information charging the offense specifies the
victim of the offense was a woman whom the offender knew was
pregnant at the time of the offense. 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 prosecuting attorney's
name when appropriate) further find and specify that (set forth
that the victim of the offense was a woman whom the defendant knew
was pregnant at the time of the offense)."
Sec. 3701.791. (A) As used in this section, "medical
emergency" means a condition of a pregnant woman that, in the
reasonable judgment of the physician who is attending the woman,
creates an immediate threat of serious risk to the life or
physical health of the woman from the continuation of the
pregnancy necessitating the immediate performance or inducement of
an abortion.
(B) Except as provided in division (D) of this section, an
office or facility at which abortions are performed or induced
shall post the notice described in division (C) of this section in
a conspicuous location in an area of the office or facility that
is accessible to all patients, employees, and visitors.
The notice shall be displayed on a poster with dimensions of
at least seventeen inches by eleven inches. The first two
sentences of the notice shall be printed in at least a
forty-four-point typeface and the remaining lines shall be in at
least a thirty-point typeface.
(C) The department of health shall publish the following
notice on its internet web site in a manner that can be copied and
produced in poster form:
"NO ONE CAN FORCE YOU TO HAVE AN ABORTION.
NO ONE – NOT A PARENT, NOT A HUSBAND, NOT A BOYFRIEND – NO
ONE.
Under Ohio law, an abortion cannot be legally performed on
anyone, regardless of her age, unless she VOLUNTARILY CONSENTS to
having the abortion.
Ohio law requires that, before an abortion can legally be
performed, the pregnant female must sign a form indicating that
she consents to having the abortion "voluntarily" and "WITHOUT
COERCION BY ANY PERSON."
IF SOMEONE IS TRYING TO FORCE YOU TO HAVE AN ABORTION AGAINST
YOUR WILL:
DO NOT SIGN THE CONSENT FORM
IF YOU ARE AT AN ABORTION FACILITY, TELL AN EMPLOYEE OF THE
FACILITY THAT SOMEONE IS TRYING TO FORCE YOU TO HAVE AN ABORTION."
(D) Division (B) of this section does not apply to an office
or facility at which abortions are performed or induced due only
to a medical emergency.
Sec. 3702.30. (A) As used in this section:
(1) "Ambulatory surgical facility" means a facility,
whether
or not part of the same organization as a hospital, that
is
located in a building distinct from
another in which inpatient
care is provided, and to which any of the
following apply:
(a) Outpatient surgery is routinely performed in the
facility, and
the facility functions separately from a
hospital's
inpatient surgical service and from the offices of private
physicians, podiatrists, and dentists.
(b) Anesthesia is administered in the facility by
an
anesthesiologist or certified registered nurse anesthetist,
and
the facility functions separately from a hospital's inpatient
surgical
service and from the offices of private physicians,
podiatrists, and
dentists.
(c) The facility applies to be certified by the
United
States
centers for medicare and medicaid services as an ambulatory
surgical center for purposes of
reimbursement under Part B of the
medicare
program, Part B of Title XVIII
of the "Social Security
Act," 79 Stat. 286 (1965),
42 U.S.C.A. 1395, as amended.
(d) The facility applies to be certified by a
national
accrediting body approved by the centers for medicare and medicaid
services for purposes of deemed compliance with the
conditions for
participating in the medicare program as an
ambulatory surgical
center.
(e) The facility bills or receives from any
third-party
payer, governmental health care program, or other person or
government entity any ambulatory surgical
facility fee that is
billed or paid in addition to any fee for
professional services.
(f) The facility is held out to any person or government
entity as an ambulatory surgical facility or similar facility by
means of
signage, advertising, or other promotional efforts.
"Ambulatory surgical facility" does not include
a hospital
emergency department.
(2) "Ambulatory surgical facility
fee" means a fee for
certain overhead costs associated with
providing surgical services
in an outpatient setting. A fee is
an ambulatory surgical
facility
fee only if it directly or
indirectly pays for costs
associated
with any of the following:
(a) Use of operating and recovery rooms,
preparation areas,
and waiting rooms and lounges for patients and
relatives;
(b) Administrative functions, record keeping,
housekeeping,
utilities, and rent;
(c) Services provided by nurses, orderlies,
technical
personnel, and others involved in patient care related
to
providing surgery.
"Ambulatory surgical facility fee" does
not include any
additional payment in excess of a professional
fee that is
provided to encourage physicians, podiatrists, and
dentists to
perform certain surgical procedures in their office
or their group
practice's office rather than a health care
facility, if the
purpose of the additional fee is to compensate
for additional cost
incurred in performing office-based surgery.
(3) "Governmental health care program" has the same
meaning
as in section 4731.65 of the Revised Code.
(4) "Health care facility" means any of the following:
(a) An ambulatory surgical facility;
(b) A freestanding dialysis center;
(c) A freestanding inpatient rehabilitation facility;
(d) A freestanding birthing center;
(e) A freestanding radiation therapy center;
(f) A freestanding or mobile diagnostic imaging center.
(5) "Third-party payer" has the same meaning as in
section
3901.38 of the Revised Code.
(B) By rule adopted in accordance with sections
3702.12 and
3702.13 of the Revised Code, the
director of health shall
establish quality standards for health care
facilities. The
standards may incorporate accreditation standards or other
quality
standards established by any entity recognized by the director.
(C)
Every ambulatory surgical facility shall require
that
each physician who practices at the facility comply with all
relevant provisions in the Revised Code that relate to the
obtaining of informed consent
from a patient.
(D) The director shall issue a license to each health care
facility that makes application for a license and demonstrates to
the director
that it meets the quality standards established
by
the rules adopted under division (B) of
this section
and satisfies
the informed consent
compliance
requirements specified in division
(C) of this section.
(E)(1) Except as provided in section 3702.301 of the Revised
Code, no
health
care facility shall operate without a
license
issued under this section.
(2) If the department of health finds that a physician who
practices at a health care facility is not complying with any
provision of the Revised Code related to the obtaining of informed
consent from a patient, the department shall report its finding to
the state medical board, the physician, and the health care
facility.
(3) This division does not create, and shall not be
construed
as creating, a new cause of action or substantive legal
right
against a health care facility and in favor of a patient who
allegedly sustains harm as a result of the failure of the
patient's physician to obtain informed consent from the patient
prior to performing a procedure on or otherwise caring for the
patient in the health care facility.
(F) The rules adopted under division
(B) of this section
shall include
all of the following:
(1) Provisions governing
application for, renewal,
suspension, and revocation of
a license under this
section;
(2) Provisions governing orders issued pursuant to section
3702.32 of the Revised Code for a health care facility to cease
its operations or to prohibit certain types of services provided
by a health care facility;
(3) Provisions governing the imposition under section
3702.32
of the Revised Code of civil penalties for violations of
this
section or the rules adopted under this section, including a
scale
for determining the amount of the penalties.
(G) An ambulatory surgical facility that performs or induces
abortions shall comply with section 3701.791 of the Revised Code.
Sec. 4731.22. (A) The state medical board,
by an
affirmative
vote of not fewer than six of its members,
may revoke
or may
refuse to grant a certificate to a person found by the
board to
have committed fraud during the administration of the
examination
for a certificate to practice or to have
committed
fraud,
misrepresentation, or deception in applying for
or securing
any
certificate to practice or certificate of
registration issued
by
the board.
(B) The board, by an affirmative
vote of not fewer than
six
members, shall, to the extent permitted by law, limit,
revoke, or
suspend an individual's certificate to
practice, refuse to
register an individual, refuse
to reinstate a certificate, or
reprimand or place on
probation the
holder of a certificate for
one or more of the following reasons:
(1) Permitting one's name or one's certificate to practice
or
certificate of
registration to be used by a person, group, or
corporation when
the individual concerned is not actually
directing the treatment
given;
(2) Failure to maintain
minimal standards applicable to the
selection or administration of drugs, or failure to employ
acceptable
scientific methods in the selection of drugs or other
modalities
for treatment of disease;
(3) Selling, giving away, personally furnishing,
prescribing,
or
administering drugs for other than legal and
legitimate
therapeutic purposes
or a plea of guilty to, a judicial
finding of
guilt of, or a
judicial finding of eligibility for
intervention in
lieu of conviction
of, a violation of any federal
or state law
regulating the possession,
distribution, or use of
any drug;
(4) Willfully betraying a professional confidence.
For purposes of this division, "willfully betraying a
professional
confidence" does not include providing any
information, documents, or reports
to a child fatality review
board under sections 307.621 to 307.629 of the
Revised Code and
does not include the making of a report of an
employee's use of a
drug of abuse, or a report of a condition of
an employee other
than one involving the use of a drug of abuse,
to the employer of
the employee as described in division (B) of
section 2305.33 of
the Revised Code.
Nothing in this division
affects the immunity
from
civil liability conferred by that section upon a physician
who
makes either type of report in accordance with division (B) of
that section. As used in this division, "employee," "employer,"
and "physician" have the same meanings as in section 2305.33 of
the Revised Code.
(5) Making a false, fraudulent,
deceptive, or misleading
statement
in the solicitation of or advertising
for patients; in
relation
to the practice of medicine and surgery, osteopathic
medicine
and surgery, podiatric medicine and surgery, or a
limited
branch of medicine;
or in securing or attempting to secure
any
certificate
to practice or certificate of registration issued
by
the board.
As used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive
because
of a failure to disclose material facts, is intended or
is likely
to create false or unjustified expectations of
favorable results,
or includes representations or implications
that in reasonable
probability will cause an ordinarily prudent
person to
misunderstand or be deceived.
(6) A departure from, or the failure to conform to,
minimal
standards of care of similar practitioners under the same
or
similar circumstances, whether or not actual injury to a
patient
is established;
(7) Representing, with the purpose of obtaining
compensation
or other advantage as personal gain or for
any other
person, that
an incurable disease or injury, or other incurable
condition, can
be permanently cured;
(8) The obtaining of, or attempting to obtain, money or
anything of value by fraudulent misrepresentations in the course
of practice;
(9) A plea of guilty to, a judicial finding of guilt
of, or
a
judicial finding of eligibility for
intervention in lieu of
conviction for, a felony;
(10) Commission of an act that constitutes a felony in
this
state, regardless of the jurisdiction in which the act was
committed;
(11) A plea of guilty to, a judicial finding of guilt
of, or
a judicial finding of eligibility for
intervention in lieu of
conviction for, a misdemeanor committed in the course of practice;
(12) Commission of an act in the course of practice that
constitutes a
misdemeanor
in this state, regardless of the
jurisdiction in which the act was
committed;
(13) A plea of guilty to, a judicial finding of guilt
of, or
a judicial finding of eligibility for
intervention in lieu of
conviction for, a misdemeanor involving moral turpitude;
(14) Commission of an act involving moral turpitude that
constitutes a
misdemeanor
in this state, regardless of the
jurisdiction in which the act was
committed;
(15) Violation of the conditions of limitation placed by
the
board upon a certificate to practice;
(16) Failure to pay license renewal fees specified in this
chapter;
(17) Except as authorized in section 4731.31 of the Revised
Code,
engaging in the division of fees
for referral of patients,
or the
receiving of a thing of value in return for a specific
referral of a patient
to utilize a particular service or business;
(18) Subject to section 4731.226 of the Revised Code,
violation of
any provision of a code of ethics
of the American
medical association, the American osteopathic
association, the
American podiatric medical association, or any
other national
professional organizations that
the board specifies by
rule. The
state medical board shall
obtain and keep on file current copies
of the codes of ethics of
the various national professional
organizations. The
individual whose certificate is being
suspended
or
revoked
shall not be found to have violated any
provision of a
code of
ethics of an organization not appropriate
to the
individual's profession.
For purposes of this division, a "provision of a code
of
ethics of a national professional organization" does not
include
any provision that would preclude the making of a
report by a
physician of an employee's use of a drug of abuse, or
of a
condition of an employee other than one involving the use of
a
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing
in
this division affects the
immunity from civil liability conferred
by that section upon a
physician who makes either type of report
in accordance with
division (B) of that section. As used in this
division,
"employee," "employer," and "physician" have the same
meanings as
in section 2305.33 of the Revised Code.
(19) Inability to practice according to acceptable and
prevailing standards of care by reason of mental illness or
physical illness, including, but not limited to, physical
deterioration that adversely affects cognitive, motor, or
perceptive skills.
In enforcing this division, the board, upon a
showing of a
possible violation, may compel any individual
authorized to
practice by this chapter or
who has
submitted an application
pursuant to this chapter
to submit to a mental examination,
physical
examination, including an HIV test, or both a mental
and
a physical
examination. The expense of the
examination is the
responsibility of the individual compelled to be
examined.
Failure
to submit to a mental or physical examination
or consent
to an HIV
test ordered by the board
constitutes an admission of
the
allegations against the
individual
unless the failure is due
to
circumstances beyond the individual's control,
and a default
and
final order may be entered without the taking
of testimony or
presentation of evidence. If the board finds an
individual unable
to practice because of the reasons
set forth in
this division, the
board shall require the individual
to submit to
care, counseling,
or treatment by physicians approved or
designated by the board, as
a condition for initial, continued,
reinstated, or renewed
authority to practice. An
individual
affected under this division
shall be
afforded an opportunity to demonstrate to the board the
ability to
resume practice in compliance with acceptable and
prevailing
standards under the provisions of the individual's
certificate.
For the
purpose of this division, any individual who
applies for or receives a certificate to
practice under this
chapter accepts the privilege of
practicing in
this state and, by
so doing, shall be
deemed to have given consent to submit to a
mental or
physical examination when directed to do so in writing
by the
board, and to have waived all objections to the
admissibility of
testimony or examination reports that constitute
a privileged
communication.
(20) Except when civil penalties are imposed under section
4731.225
or 4731.281 of the Revised Code, and subject to section
4731.226 of the Revised Code, violating or
attempting to violate,
directly or indirectly, or assisting in or
abetting the violation
of, or conspiring to violate, any
provisions of this chapter or
any rule promulgated by the board.
This division does not apply to a violation or attempted
violation of, assisting in or abetting the violation of, or a
conspiracy to violate, any provision of this chapter or any rule
adopted by the board that would preclude the making
of a
report by
a physician of an employee's use of a drug of abuse, or
of a
condition of an employee other than one involving the use of
a
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing
in
this division affects the
immunity from civil liability conferred
by that section upon a
physician who makes either type of report
in accordance with
division (B) of that section. As used in this
division,
"employee," "employer," and "physician" have the same
meanings as
in section 2305.33 of the Revised Code.
(21) The violation of section 3701.79 of the Revised Code or
of any abortion rule adopted by the
public health council pursuant
to section 3701.341 of the Revised
Code;
(22) Any of the following actions taken by the agency
responsible for regulating the practice of medicine and surgery,
osteopathic
medicine and surgery, podiatric medicine and surgery,
or the limited branches of medicine in
another jurisdiction, for
any reason other than the
nonpayment of fees: the
limitation,
revocation, or suspension of an individual's license
to practice;
acceptance of an
individual's license surrender; denial of a
license; refusal to
renew or reinstate
a license; imposition of
probation; or
issuance of an order of censure or other reprimand;
(23) The violation of section 2919.12 of the Revised Code
or
the performance or inducement of an abortion upon a pregnant
woman
with actual knowledge that the conditions specified in
division
(B) of section 2317.56 of the Revised Code have not been
satisfied
or with a heedless indifference as to whether those
conditions
have been satisfied, unless an affirmative defense as
specified in
division (H)(2) of that section would apply in a
civil action
authorized by division (H)(1) of that section;
(24) The revocation, suspension, restriction, reduction,
or
termination of clinical privileges by the United
States department
of
defense or department of veterans
affairs or the termination or
suspension of a certificate of
registration to prescribe drugs by
the drug enforcement
administration of the United States
department of
justice;
(25) Termination or suspension from participation in the
medicare or
medicaid
programs by the department of health and
human services or other
responsible agency for any act or acts
that also would
constitute a violation of division (B)(2), (3),
(6), (8), or (19)
of this section;
(26) Impairment of ability to practice according to
acceptable and prevailing standards of care because of habitual
or
excessive use or abuse of drugs, alcohol, or other substances
that
impair ability to practice.
For the purposes of this division, any individual authorized
to practice
by this chapter accepts
the privilege of
practicing in
this state subject to supervision by the board. By
filing an
application for or
holding a
certificate to practice under this
chapter, an
individual shall
be deemed to have given consent to
submit to a mental or
physical examination when ordered to do so
by the board in
writing, and to have waived all objections to the
admissibility
of testimony or examination reports that constitute
privileged
communications.
If it has reason to believe that any individual authorized to
practice by
this chapter or any applicant for
certification to
practice suffers such impairment, the board may compel
the
individual to submit to a mental or physical examination, or
both.
The expense of the examination is the
responsibility of the
individual
compelled to be examined. Any
mental or physical
examination required under this division shall
be undertaken by a
treatment provider or physician who is qualified to
conduct the
examination and who is chosen by the
board.
Failure to submit to a mental or physical
examination ordered
by the board constitutes an admission of the
allegations against
the individual unless the failure is due to
circumstances beyond
the individual's control, and a default and
final order may be
entered without the taking of testimony or
presentation of
evidence. If the board determines that the
individual's ability
to
practice is impaired, the board shall
suspend the individual's
certificate or deny the
individual's application and shall require
the individual, as a condition for initial, continued,
reinstated,
or renewed certification to practice, to
submit to treatment.
Before being eligible to apply for reinstatement of a
certificate suspended under this division, the
impaired
practitioner shall
demonstrate to the board the ability
to resume
practice in
compliance with acceptable and prevailing standards of
care under
the provisions of the practitioner's certificate. The
demonstration shall
include, but shall not be limited to, the
following:
(a) Certification from a treatment provider approved under
section 4731.25 of the Revised Code that the
individual has
successfully completed any required inpatient treatment;
(b) Evidence of continuing full compliance with an
aftercare
contract or consent agreement;
(c) Two written reports indicating that the individual's
ability to practice has been assessed and that the individual has
been found capable of practicing according to acceptable and
prevailing
standards of care. The reports shall be made by
individuals or
providers approved by the board for making the
assessments and
shall describe the basis for their determination.
The board may reinstate a certificate suspended under
this
division after that demonstration and after the individual has
entered into a written consent agreement.
When the impaired practitioner resumes practice, the board
shall
require continued
monitoring of the individual. The
monitoring shall include, but not be
limited to, compliance with
the written consent agreement entered
into before reinstatement or
with conditions imposed by board
order after a hearing, and, upon
termination of the consent
agreement, submission to the board for
at least two years of
annual written progress reports made under
penalty of perjury
stating whether the individual has maintained
sobriety.
(27) A second or subsequent violation of section 4731.66
or
4731.69 of the Revised Code;
(28) Except as provided in division (N) of this section:
(a) Waiving the payment of all or any part of a
deductible
or
copayment that a patient, pursuant to a health
insurance or
health
care policy, contract, or plan that covers
the individual's
services, otherwise would be
required
to pay if the waiver is used
as an enticement to a patient or group of
patients to receive
health care services from that
individual;
(b) Advertising that the individual will waive the
payment
of
all or
any part of a deductible or copayment that a patient,
pursuant to
a health insurance or health care policy, contract, or
plan that
covers the individual's services, otherwise would
be
required to pay.
(29) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4731.051
of
the Revised Code;
(30) Failure to provide notice to, and receive
acknowledgment
of the
notice from, a patient when required by
section 4731.143 of
the Revised Code
prior to providing
nonemergency professional
services, or failure to maintain
that
notice in the patient's
file;
(31) Failure of a physician supervising a physician
assistant
to
maintain supervision in accordance with the
requirements of
Chapter
4730. of the Revised Code and the rules
adopted under that
chapter;
(32) Failure of a physician or podiatrist to enter into a
standard care
arrangement with a clinical nurse specialist,
certified nurse-midwife, or
certified nurse practitioner with whom
the physician or podiatrist is in
collaboration pursuant to
section 4731.27 of the Revised Code
or failure to fulfill the
responsibilities of collaboration after entering
into a standard
care arrangement;
(33) Failure to comply with the terms of a consult agreement
entered into with a pharmacist pursuant to section 4729.39 of the
Revised Code;
(34) Failure to cooperate in an investigation conducted by
the board under division (F) of this section, including
failure to
comply with a subpoena or order issued by the board
or failure to
answer truthfully a question presented by the
board at a
deposition or in written interrogatories, except that
failure to
cooperate with an investigation shall not constitute
grounds for
discipline under this section if a court of
competent jurisdiction
has issued an order that either quashes a
subpoena or permits the
individual to withhold the testimony or
evidence in issue;
(35) Failure to supervise an acupuncturist in accordance
with
Chapter 4762. of the Revised Code and the board's rules for
supervision of an
acupuncturist;
(36) Failure to supervise an anesthesiologist assistant in
accordance with
Chapter 4760. of the Revised Code and the board's
rules for supervision of an
anesthesiologist assistant;
(37) Assisting suicide as defined in section 3795.01 of the
Revised Code;
(38) Failure to comply with the requirements of section
2317.561 of the Revised Code;
(39) Failure to supervise a radiologist assistant in
accordance with Chapter 4774. of the Revised Code and the board's
rules for supervision of radiologist assistants;
(40) Performing or inducing an abortion at an office or
facility with knowledge that the office or facility fails to post
the notice required under section 3701.791 of the Revised Code.
(C) Disciplinary actions taken by the board under divisions
(A) and (B) of this section shall be taken pursuant to an
adjudication under Chapter 119. of the Revised Code, except that
in lieu of an
adjudication, the board may enter into a consent
agreement with an
individual to resolve an allegation of a
violation of this chapter or any rule
adopted under it. A consent
agreement, when ratified by an
affirmative vote of not fewer than
six members of the board,
shall constitute the findings and order
of the board with
respect to the matter addressed in the
agreement. If the board
refuses to ratify a consent agreement,
the
admissions and
findings contained in the consent agreement
shall
be of no force
or effect.
If the board takes disciplinary action against an individual
under division (B) of this section for a second or subsequent plea
of guilty to, or judicial finding of guilt of, a violation of
section 2919.123 of the Revised Code, the disciplinary action
shall consist of a suspension of the individual's certificate to
practice for a period of at least one year or, if determined
appropriate by the board, a more serious sanction involving the
individual's certificate to practice. Any consent agreement
entered into under this division with an individual that pertains
to a second or subsequent plea of guilty to, or judicial finding
of guilt of, a violation of that section shall provide for a
suspension of the individual's certificate to practice for a
period of at least one year or, if determined appropriate by the
board, a more serious sanction involving the individual's
certificate to practice.
(D) For purposes of divisions (B)(10), (12), and (14) of
this
section, the commission of the act may be established by a
finding
by the board, pursuant to an adjudication under
Chapter
119. of
the Revised Code, that the individual committed the act.
The board
does not have jurisdiction under those divisions if
the
trial
court renders a final judgment in the individual's favor and
that
judgment is based upon an
adjudication on
the merits. The
board
has jurisdiction under those
divisions if the trial court
issues
an order of
dismissal upon technical or procedural grounds.
(E) The sealing of conviction records by any court shall
have
no effect upon a prior board order entered under this section
or
upon the board's jurisdiction to take action under this section
if,
based upon a plea of guilty,
a judicial finding of guilt, or a
judicial finding of eligibility for intervention in
lieu of
conviction, the board issued a notice of opportunity for
a hearing
prior to the court's order to seal the records. The
board shall
not be required to seal, destroy, redact, or
otherwise modify its
records to reflect the court's sealing of
conviction records.
(F)(1) The board shall investigate evidence that appears
to
show that a person has violated any provision of this
chapter or
any rule adopted under it. Any person may report to the board
in
a
signed writing
any information that the person may have that
appears to show a
violation of any provision of this chapter or
any rule
adopted under it. In the absence of bad
faith, any
person
who reports information of that nature or who testifies
before the
board in any adjudication conducted under
Chapter 119.
of the
Revised Code shall not be liable
in damages in a civil
action as a
result of the report or
testimony. Each
complaint or
allegation of
a violation received by the
board shall be assigned
a case number
and shall be recorded by
the board.
(2) Investigations of alleged violations of this chapter or
any rule
adopted under it shall
be supervised by the supervising
member elected by the board in
accordance with section 4731.02 of
the Revised Code and by the
secretary as provided in section
4731.39 of the Revised Code. The president
may designate another
member of the board to
supervise the investigation in place of the
supervising member. No member of
the board who supervises the
investigation of a case
shall participate in further adjudication
of the case.
(3) In investigating a possible violation of
this chapter or
any rule adopted
under this chapter, the board
may administer
oaths, order the taking of depositions, issue
subpoenas, and
compel the attendance of witnesses and production
of books,
accounts, papers, records, documents, and testimony, except
that a
subpoena for patient record information shall not be issued
without
consultation with the attorney general's office and
approval of
the secretary and supervising member
of the board.
Before issuance of a
subpoena for patient record information, the
secretary and supervising member shall
determine
whether there is
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that
the records
sought are relevant
to the alleged violation and
material to the investigation.
The subpoena may apply only to
records that cover a
reasonable period of time surrounding the
alleged violation.
On failure to comply with any subpoena
issued by the board
and after reasonable notice to the person
being subpoenaed, the
board may move for an order compelling the
production of persons
or records pursuant to the Rules of Civil
Procedure.
A subpoena issued by the board may be served by a sheriff,
the sheriff's deputy, or a board employee designated by the
board.
Service of a subpoena issued by the board may be
made by
delivering a copy of the subpoena to the
person named therein,
reading it to the person, or leaving it at
the person's usual
place of residence. When the person being
served is a person
whose
practice is authorized by this chapter,
service of the
subpoena
may be made by certified mail,
restricted delivery,
return receipt
requested, and the subpoena
shall be deemed served
on the date
delivery is made or the date
the person refuses to
accept
delivery.
A sheriff's deputy who serves a subpoena shall receive the
same fees as a
sheriff. Each witness who
appears before the board
in
obedience to a subpoena shall receive the fees
and mileage
provided for witnesses in civil cases in the courts
of common
pleas.
(4) All hearings and investigations of the board shall be
considered civil actions for the purposes of section 2305.252 of
the Revised Code.
(5) Information received by the board pursuant to an
investigation is confidential and not subject to discovery in any
civil
action.
The board shall conduct all investigations and proceedings
in
a manner that protects the
confidentiality of patients and persons
who file complaints with the
board. The
board shall not make
public the names or any other identifying
information about
patients or complainants unless proper consent is
given or, in the
case of a patient, a
waiver of the patient privilege exists under
division (B) of
section 2317.02 of the Revised Code, except that
consent
or a waiver of that nature is not required if the board
possesses reliable and
substantial evidence that no bona fide
physician-patient
relationship exists.
The board may
share any information it receives pursuant to
an investigation, including
patient records and patient record
information, with law
enforcement agencies, other licensing
boards, and other
governmental
agencies that are prosecuting,
adjudicating, or investigating alleged
violations of statutes or
administrative rules. An agency
or board that receives the
information shall comply with the same
requirements regarding
confidentiality as those with which the state medical
board must
comply, notwithstanding any conflicting provision
of the Revised
Code or procedure
of the agency or board that applies when it is
dealing with
other information in its possession. In a judicial
proceeding,
the information
may
be admitted into evidence only in
accordance with
the Rules of Evidence, but the court shall require
that appropriate measures are taken to ensure that
confidentiality
is maintained with respect to any part of the information that
contains names or other identifying information about patients or
complainants
whose confidentiality was protected by the state
medical board when the
information was in the board's possession.
Measures to ensure confidentiality
that may be taken by the court
include sealing its records or deleting
specific information
from
its records.
(6) On a quarterly basis, the board shall prepare a report
that documents the disposition of all cases during the preceding
three months. The report shall contain the following information
for each case with which the board has completed its activities:
(a) The case number assigned to the complaint or alleged
violation;
(b) The type of certificate to practice, if
any, held by the
individual against whom the complaint is
directed;
(c) A description of the allegations contained in the
complaint;
(d) The disposition of the case.
The report shall state how many cases are still pending
and
shall be prepared in a manner that
protects the identity
of each
person involved in each case. The report shall be a
public record
under section 149.43 of the Revised Code.
(G) If the secretary and supervising member determine that
there is clear and convincing evidence that
an individual has
violated division (B) of this section and that the
individual's
continued practice presents a
danger of
immediate and serious harm
to the public, they may recommend that
the board suspend the
individual's
certificate to practice without a
prior hearing.
Written allegations shall be prepared for consideration by the
board.
The board, upon review of those allegations and by an
affirmative vote
of not fewer than six of its members, excluding
the secretary and
supervising member, may suspend a certificate
without a prior
hearing. A telephone conference call may be
utilized for
reviewing the allegations and taking the vote on the
summary suspension.
The board shall issue a written order of suspension by
certified mail or in person in accordance with section 119.07 of
the Revised Code. The order shall not be subject to
suspension
by
the court during pendency of any appeal filed under section
119.12
of the Revised Code. If the individual
subject to the summary
suspension requests
an adjudicatory hearing by the board, the date
set for the
hearing shall be within fifteen days, but not earlier
than seven
days, after the individual
requests the hearing,
unless
otherwise agreed to by both the board and the individual.
Any summary suspension imposed under this division shall
remain in effect, unless reversed on appeal, until a final
adjudicative order issued by the board pursuant to this section
and Chapter 119. of the Revised Code becomes effective. The
board
shall issue its final adjudicative order within seventy-five
days
after
completion of its hearing. A failure to issue the order
within
seventy-five days shall result in dissolution of the
summary
suspension
order but shall not invalidate any subsequent,
final
adjudicative
order.
(H) If the board takes action under division
(B)(9), (11),
or
(13) of this section and the judicial
finding of guilt, guilty
plea, or judicial finding of
eligibility for intervention in lieu
of conviction is
overturned on appeal,
upon
exhaustion of the
criminal appeal, a petition for reconsideration
of the order may
be filed with the board along with appropriate
court documents.
Upon receipt of a petition of that
nature and supporting court
documents, the board shall reinstate the
individual's certificate
to practice. The
board may then hold an adjudication under
Chapter
119. of the Revised Code to
determine whether the
individual
committed
the act in question. Notice of an
opportunity for a
hearing
shall be given in accordance with
Chapter 119. of the
Revised Code. If the
board finds, pursuant to
an adjudication held
under this division,
that the individual
committed
the act or if
no hearing is requested, the board may
order any of the sanctions
identified under division (B) of this
section.
(I) The certificate to practice issued to an individual
under
this chapter and the individual's practice in this
state are
automatically suspended as of the date of the individual's second
or subsequent plea of guilty to, or judicial finding of guilt of,
a violation of section 2919.123 of the Revised Code, or the date
the individual pleads
guilty to, is found by a judge
or jury to be
guilty of, or is
subject to a judicial
finding of eligibility for
intervention in
lieu of conviction in this state
or treatment or
intervention in
lieu of conviction in another
jurisdiction for
any
of the
following
criminal offenses in this state or a
substantially
equivalent criminal offense in another jurisdiction:
aggravated
murder, murder, voluntary
manslaughter, felonious
assault,
kidnapping, rape, sexual
battery, gross sexual
imposition,
aggravated arson, aggravated
robbery, or aggravated
burglary.
Continued
practice after suspension shall be considered
practicing
without a certificate.
The board shall notify the
individual subject to the
suspension by certified mail or in person in
accordance with
section 119.07 of the Revised Code. If an
individual whose
certificate is automatically suspended under this
division fails
to make a
timely request for an adjudication under
Chapter 119. of
the
Revised Code,
the board shall do whichever of the
following is
applicable:
(1) If the automatic suspension under this division is for a
second or subsequent plea of guilty to, or judicial finding of
guilt of, a violation of section 2919.123 of the Revised Code, the
board shall enter an order suspending the individual's certificate
to practice for a period of at least one year or, if determined
appropriate by the board, imposing a more serious sanction
involving the individual's certificate to practice.
(2) In all circumstances in which division (I)(1) of this
section does not
apply, enter a final order permanently
revoking
the
individual's certificate to practice.
(J) If the board is required by
Chapter 119. of the Revised
Code to give notice of an
opportunity for a hearing and if the
individual subject to the notice
does not timely request a
hearing
in accordance with section
119.07 of the Revised Code, the board
is not required
to hold a hearing, but may adopt, by an
affirmative vote of
not fewer than
six of its members, a final
order that contains the board's
findings. In that final order,
the
board may order any of the
sanctions identified under division
(A)
or (B) of this section.
(K) Any action taken by the board under division (B) of
this
section resulting in a suspension from practice shall be
accompanied by a written statement of the conditions under which
the individual's certificate to practice may be
reinstated. The
board
shall adopt rules governing conditions to be imposed for
reinstatement. Reinstatement of a certificate suspended pursuant
to division (B) of this section requires an affirmative vote of
not fewer than six members of the board.
(L) When the board
refuses to grant a certificate to an
applicant,
revokes an individual's
certificate to practice,
refuses to register an applicant, or
refuses to reinstate an
individual's certificate to practice,
the board may specify that
its action is permanent. An
individual subject to a permanent
action taken by the board is
forever thereafter ineligible to hold
a certificate to practice
and the board shall not accept an
application for reinstatement of the
certificate or for issuance
of a new certificate.
(M) Notwithstanding any other provision of the Revised
Code,
all of the following apply:
(1) The surrender of a certificate issued under this
chapter
shall not be effective
unless or until accepted by the board.
Reinstatement of a
certificate surrendered to the board requires
an affirmative vote
of not fewer than six members of the board.
(2) An application for a certificate made
under the
provisions of this chapter
may not be withdrawn without approval
of the board.
(3) Failure by an individual to renew a certificate
of
registration in accordance with this chapter shall not remove or
limit the
board's
jurisdiction to take any disciplinary action
under this section
against the individual.
(N) Sanctions shall not be imposed under division
(B)(28) of
this section against any person who
waives deductibles and
copayments as follows:
(1) In compliance with the health benefit plan that
expressly
allows such a practice. Waiver of the deductibles or
copayments
shall be made only with the full knowledge and consent
of
the plan
purchaser, payer, and third-party administrator.
Documentation of
the consent shall be made available to the board
upon request.
(2) For professional services rendered to any other person
authorized to practice pursuant to this chapter,
to the extent
allowed by this
chapter and rules adopted by the board.
(O) Under the board's investigative duties described in
this
section and subject to division (F) of this section, the
board
shall
develop and implement a quality intervention program
designed to improve
through remedial
education the clinical and
communication skills of individuals authorized
under this chapter
to practice medicine and surgery, osteopathic medicine and
surgery, and podiatric medicine and surgery. In
developing and
implementing the quality intervention program, the board may do
all of the following:
(1) Offer in appropriate cases as determined by the board an
educational
and assessment program pursuant to an investigation
the
board conducts under this section;
(2) Select providers of educational and assessment services,
including a
quality intervention program panel of case reviewers;
(3) Make referrals to educational and
assessment service
providers and
approve individual educational programs recommended
by those providers. The
board shall monitor the progress of each
individual
undertaking a recommended individual educational
program.
(4) Determine what constitutes successful completion of an
individual educational program and require further monitoring of
the
individual who completed the program or other
action that the
board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the
Revised Code to
further
implement the quality intervention
program.
An individual who participates in an individual
educational
program pursuant
to this division shall pay the financial
obligations arising from that
educational program.
SECTION 2. That existing sections 2151.421, 2903.11,
2903.12, 2903.13,
2905.01, 2905.02, 2907.21, 2907.22, 2907.323,
2919.22, 2919.25,
2923.32, 2929.01, 2929.13, 2929.14, 2929.18,
2929.24, 3702.30, and
4731.22 of the Revised Code are hereby
repealed.
SECTION 3. (A) The General Assembly strongly encourages the
Attorney General to establish a Trafficking in Persons Study
Commission. If the Attorney General establishes the Commission, it
shall be composed of the number of members determined by the
Attorney General. The Attorney General shall appoint the members,
and each member shall be qualified by education or experience in
subject matters that are relevant to the functions and duties of
the Commission specified in division (B) of this section. If the
Attorney General establishes the Commission, the Attorney General
shall notify the Governor, the President and Minority Leader of
the Senate, and the Speaker and Minority Leader of the House of
Representatives. When all members of the Commission have been
appointed, the Commission promptly shall meet, select a
chairperson and a vice-chairperson, and organize its activities.
(B) If the Attorney General establishes a Trafficking in
Persons Study Commission under division (A) of this section, the
Commission shall: (1) study and review the problem of trafficking
in persons, particularly as it affects this state or occurs in
this state; (2) study and review the criminal law of this state to
determine the manner and extent to which it currently applies to
conduct that involves or is related to trafficking in persons,
including the criminal offenses of this state that currently apply
to such conduct and the penalties for those offenses; and (3)
develop recommendations to address the problem of trafficking in
persons and to improve and expand as necessary the criminal law of
this state to better address conduct that involves or is related
to trafficking in persons.
(C) If the Attorney General establishes a Trafficking in
Persons Study Commission under division (A) of this section, upon
completing its functions and duties under division (B) of this
section, the Commission shall prepare a report that summarizes its
findings and its recommendations for changes in the law of this
state. The Commission shall deliver a copy of the report to the
Governor, the Attorney General, the President and Minority Leader
of the Senate, and the Speaker and Minority Leader of the House of
Representatives.
SECTION 4. Section 2151.421 of the Revised
Code, as amended
by this act, applies to civil actions filed on
or after the
effective date of this act and to civil actions that
are pending
on the effective date of this act.
SECTION 5. Section 2151.421 of the Revised Code is
presented
in
this act as a composite of the section as amended by
both Am.
H.B. 314 and Sub. S.B. 163 of
the 127th General Assembly.
The
General Assembly, applying the
principle stated in division
(B)
of section 1.52 of the Revised
Code that amendments are to be
harmonized if reasonably capable of
simultaneous operation, finds
that the composite is the resulting
version of the section in
effect prior to the effective date of
the section as presented in
this act.
Section 2903.11 of the Revised Code is
presented
in
this
act as a composite of the section as amended by
both Sub.
H.B.
347 and Am. Sub. H.B. 461 of
the 126th General
Assembly. The
General Assembly, applying the
principle stated in
division (B)
of section 1.52 of the Revised
Code that amendments
are to be
harmonized if reasonably capable of
simultaneous
operation, finds
that the composite is the resulting
version of
the section in
effect prior to the effective date of
the section
as presented in
this act.
Section 2929.14 of the Revised Code is
presented
in
this
act as a composite of the section as amended by
both Sub.
S.B.
184 and Sub. S.B. 220 of
the 127th General
Assembly. The
General
Assembly, applying the
principle stated in
division (B)
of
section 1.52 of the Revised
Code that amendments
are to be
harmonized if reasonably capable of
simultaneous
operation, finds
that the composite is the resulting
version of
the section in
effect prior to the effective date of
the section
as presented in
this act.
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