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H. B. No. 182 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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A BILL
To amend sections 2929.13 and 2929.14 and to enact
sections 2941.1424 and 2941.1425 of the Revised
Code to require a definite
term
of imprisonment
of 5 to 10 years for an
offender convicted of
felonious assault or endangering children and a
specification that the
victim
was less than 5
years of age
and suffered
substantial permanent
injury or for an offender
convicted of voluntary
manslaughter, involuntary
manslaughter, or
reckless homicide and a
specification that the
victim was less than five
years of age.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2929.13 and 2929.14 be amended and
sections 2941.1424 and 2941.1425 of the Revised
Code be
enacted
to read as
follows:
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 shall
impose 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.
(3) A court
that sentences an offender for a drug abuse
offense that is a
felony of the third, fourth, or fifth degree
may require that the
offender be assessed by a properly
credentialed professional
within a specified period of time. The
court shall require the
professional to file a written assessment
of the offender with the
court. If the offender is eligible for a
community control sanction and after considering the written
assessment, the court may
impose a community control sanction
that includes treatment and recovery support services
authorized
by section 3793.02 of the Revised Code. If the court imposes
treatment and recovery support services as
a community control
sanction, the court shall direct the level and
type of treatment
and recovery support services after considering the assessment and
recommendation of treatment and recovery support services
providers.
(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;
(19) A violation of section 2903.11 or 2919.22 of the Revised
Code if
the victim of the offense is less than five years of age
at the
time of the commission of the offense and the victim
suffered
substantial permanent injury as a result of the offense,
with
respect to the
portion of the sentence imposed pursuant to
division (D)(9) of
section 2929.14 of the Revised Code;
(20) A violation of section 2903.03, 2903.04, or 2903.041 of
the Revised Code if the victim of the offense is less than five
years of age at the time of the commission of the offense, with
respect to the portion of the sentence imposed pursuant to
division (D)(10) 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
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:
(1) Drug abuse offense" has the
same meaning as in
section
2925.01 of the Revised Code.
(2) "Substantial permanent injury" means any of the
following:
(a) Any mental illness or condition of such gravity as would
normally require permanent hospitalization or permanent
psychiatric treatment;
(b) Any physical harm that involves some permanent
substantial incapacity;
(c) Any physical harm that involves some permanent
substantial disfigurement.
(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),
(D)(9), (D)(10), (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), (D)(9), (D)(10), (G), (I),
(J), or (L) of
this
section, in
section
2907.02 , 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 (CC)(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 Code.
(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.
(9) If an offender is convicted of or pleads guilty to a
violation of section 2903.11 or 2919.22 of the Revised Code and
also is
convicted of or pleads guilty to a specification of the
type
described in section 2941.1424 of the Revised Code that
charges
that the victim of the offense was less than five years
of age at
the time of the commission of the offense and that the
victim
suffered substantial permanent injury, as defined in
section
2929.13 of the Revised Code, as a result of the offense,
the court
shall impose upon the offender a definite prison term
of five,
six, seven, eight, nine, or ten years. A prison term
imposed upon
an offender under division (D)(9) of this section
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.
(10) If an offender is convicted of or pleads guilty to a
violation of section 2903.03, 2903.04, or 2903.041 of the Revised
Code and also is convicted of or pleads guilty to a specification
of the type described in section 2941.1425 of Revised Code that
charges that the victim of the offense was less than five years of
age at the time of the commission of the offense, the court shall
impose upon the offender a definite prison term of five, six,
seven, eight, nine, or ten years. A prison term imposed upon an
offender under division (D)(10) of this section 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.
(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) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(9) or (10) of this section, the offender
shall serve that mandatory prison term consecutively to and prior
to any prison term imposed for the underlying violation of section
2903.03, 2903.04, 2903.041, 2903.11, or 2919.22 of the Revised
Code and
consecutively to and prior to any other prison term or
mandatory
prison term previously or subsequently imposed upon the
offender.
(7) When consecutive prison terms are imposed pursuant
to
division (E)(1), (2), (3), (4), or (5), or (6) 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. 2941.1424. (A) Imposition of a mandatory prison term of
five, six, seven, eight, nine, or
ten years upon an offender
under division (D)(9) of section 2929.14 of the Revised Code is
precluded unless the offender is convicted of or pleads guilty to
a violation of section 2903.11 or 2919.22 of the Revised Code and
unless the
indictment, count in the indictment, or information
charging the
offense specifies that the victim of the offense was
less than
five years of age at the time of the commission of the
offense and
that the victim suffered substantial permanent injury
as a result
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 the prosecuting attorney's
name when appropriate) further find and specify that (set forth
that the victim of the offense was less than five years of age at
the time of the commission of the offense and that the victim
suffered substantial permanent injury as a result of the
offense)."
(B) As used in this section, "substantial permanent injury"
has the same meaning as in section 2929.13 of the Revised Code.
Sec. 2941.1425. Imposition of a mandatory prison term of
five, six, seven, eight, nine, or ten years upon an offender under
division (D)(10) of section 2929.14 of the Revised Code is
precluded unless the offender is convicted of or pleads guilty to
a violation of section 2903.03, 2903.04, or 2903.041 of the
Revised Code and unless the indictment, count in the indictment,
or information charging the offense specifies that the victim of
the offense was less than five years of age at the time of the
commission 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 the prosecuting attorney's
name when appropriate) further find and specify that (set forth
that the victim of the offense was less than five years of age at
the time of the commission of the offense)."
Section 2. That existing sections 2929.13 and 2929.14 of the
Revised Code
are hereby repealed.
Section 3. 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 following sections,
presented in this act as composites of the sections as amended by
the acts indicated, are the resulting versions of the sections in
effect prior to the effective date of the sections as presented in
this act:
Section 2929.13 of the Revised Code as amended by both Am.
Sub. H.B. 130 and Am. Sub. H.B. 280 of the 127th General Assembly.
Section 2929.14 of the Revised Code as amended by both Am.
Sub. H.B. 130 and Am. Sub. H.B. 280 of the 127th General Assembly.
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