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H. B. No. 248 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Fende, Pryor, Phillips, Harris, Williams, B., Brown, Yuko, Slesnick, Hackett
A BILL
To amend sections 2929.02, 2929.14, 2941.148,
2971.03, 2971.07, and 5120.61 of the Revised Code
to provide a prison term of 20 years to life for a
person convicted of murder when the victim is less
than 13 years of age and the offender is not
subject to sentencing under the Sexually Violent
Predator Sentencing Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2929.02, 2929.14, 2941.148,
2971.03, 2971.07, and 5120.61 of the Revised Code be amended to
read as follows:
Sec. 2929.02. (A) Whoever is convicted of or pleads guilty
to aggravated
murder in violation of section 2903.01 of the
Revised Code shall
suffer death or be imprisoned for life, as
determined pursuant to
sections 2929.022, 2929.03, and 2929.04 of
the Revised Code,
except that no person who raises the matter of
age pursuant to
section 2929.023 of the
Revised Code and who is
not found to have been eighteen years of
age or older at the time
of the commission of the offense shall
suffer death. In addition,
the offender may be fined an amount
fixed by the court, but not
more than twenty-five thousand
dollars.
(B)(1) Except as otherwise provided in division
(B)(2) or,
(3), or (4) of this section, whoever is convicted of or pleads
guilty to
murder in violation of
section 2903.02 of the Revised
Code shall
be imprisoned for an indefinite
term of fifteen years
to life.
(2) Except as otherwise provided in division (B)(3) or (4) of
this section, if a person is convicted of or pleads guilty to
murder in violation of section 2903.02 of the Revised Code and the
victim is less than thirteen years of age, the offender shall be
imprisoned for an indefinite term of twenty years to life.
(3) Except as otherwise provided in division (B)(3)(4) of
this
section, if a person is convicted of or pleads guilty to
murder in
violation of section 2903.02 of the Revised Code, the
victim of
the offense was less than thirteen years of age, and
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, the
court shall
impose an indefinite prison term of thirty years to
life pursuant
to division (B)(3) of section 2971.03 of the
Revised Code.
(3)(4) If a person is convicted of or pleads guilty to murder
in
violation of section 2903.02 of the Revised Code and also is
convicted of or pleads guilty to a sexual motivation specification
and a
sexually violent predator specification that were included
in the indictment,
count in the indictment, or information that
charged the murder, the court
shall impose upon the offender a
term of life imprisonment without
parole that shall be served
pursuant to section 2971.03
of the Revised Code.
(4)(5) In addition, the offender may be
fined an amount fixed
by
the court, but not more than fifteen
thousand dollars.
(C) The court shall not impose a fine or fines for
aggravated
murder or murder which, in the aggregate and to the
extent not
suspended by the court, exceeds the amount which the
offender is
or will be able to pay by the method and within the
time allowed
without undue hardship to the offender or
to the dependents of the
offender, or will prevent
the offender from making reparation for
the victim's
wrongful death.
(D)(1) In addition to any other sanctions imposed for a
violation of section 2903.01 or 2903.02 of the Revised Code, if
the offender used a motor vehicle as the means to commit the
violation, 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.
(2) As used in division (D) of this section, "motor vehicle"
has the same meaning as in section 4501.01 of the Revised Code.
Sec. 2929.14. (A) Except as provided in
division (C),
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (G), (I), (J), or
(L) of
this
section and except
in relation to an offense for
which a
sentence
of death or life
imprisonment is to be imposed,
if the
court
imposing a sentence
upon an offender for a felony
elects or
is
required to impose a
prison term on the offender
pursuant to
this
chapter, the court shall
impose a definite
prison term that
shall
be one of the following:
(1) For a felony of the first degree, the prison term
shall
be three, four, five, six, seven, eight, nine, or ten
years.
(2) For a felony of the second degree, the prison term
shall
be two, three, four, five, six, seven, or eight years.
(3) For a felony of the third degree, the prison term
shall
be one, two, three, four, or five years.
(4) For a felony of the fourth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven, twelve, thirteen,
fourteen, fifteen, sixteen, seventeen, or eighteen months.
(5) For a felony of the fifth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven,
or twelve months.
(B) Except as provided in division (C),
(D)(1), (D)(2),
(D)(3), (D)(5), (D)(6), (G), (I), (J), or (L) of this section, in
section
2907.02 or 2907.05
of the Revised
Code, or in Chapter
2925. of the
Revised Code, if the court
imposing a sentence upon
an offender
for a felony elects or is
required to impose a prison
term on the
offender, the court shall
impose the shortest prison
term
authorized for the offense
pursuant to division (A) of this
section, unless
one or more
of
the following applies:
(1) The offender was serving a prison term at the time of
the
offense, or the offender previously had served a prison term.
(2) The
court finds on the record that the shortest prison
term will
demean the seriousness of the offender's conduct or will
not
adequately protect the public from future crime by the
offender
or others.
(C) Except as provided in division (G) or (L) of this section
or in
Chapter 2925. of
the Revised Code, the court imposing a
sentence
upon an
offender for a felony may impose the longest
prison term
authorized for the offense pursuant to division (A) of
this
section only upon offenders who committed the worst forms of
the
offense, upon offenders who pose the greatest likelihood of
committing future crimes, upon certain major drug offenders under
division (D)(3) of this section, and upon certain repeat
violent
offenders in accordance with division (D)(2) of
this section.
(D)(1)(a) Except as provided in division
(D)(1)(e) of this
section, if
an offender who is convicted of or pleads guilty to a
felony also
is convicted of or pleads guilty to a specification of
the type
described in section 2941.141, 2941.144, or
2941.145 of
the
Revised Code, the court shall impose on the offender one of
the
following prison terms:
(i) A prison term of six years if the specification is of
the
type described in section 2941.144 of the Revised Code
that
charges the offender with having a firearm that is an automatic
firearm
or that was equipped with a firearm muffler or silencer on
or about the
offender's person or
under the offender's control
while committing the felony;
(ii) A prison term of three years if the specification
is of
the type described in section 2941.145 of the Revised
Code that
charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense
and displaying
the firearm, brandishing
the firearm,
indicating that the offender possessed the firearm, or
using it to
facilitate the offense;
(iii) A prison term of one year if the specification
is of
the type described in section 2941.141 of the Revised
Code
that
charges the offender with having a firearm on or about the
offender's
person or under the offender's control while committing
the felony.
(b) If a
court imposes a prison term on
an
offender under
division (D)(1)(a) of this section, the prison
term shall not be
reduced pursuant to section 2929.20, section 2967.193,
or
any
other provision of Chapter 2967. or Chapter 5120. of the
Revised
Code. 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.
(E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a
mandatory prison term
is imposed
upon an offender pursuant to
division (D)(1)(a) of this
section for having a firearm on or
about the offender's person or under the
offender's
control while
committing a felony, if a mandatory prison term
is imposed
upon an
offender pursuant to division (D)(1)(c) of
this section for
committing a felony specified in that division by discharging
a
firearm from a motor vehicle, or if both types of mandatory prison
terms
are imposed, the offender shall serve
any mandatory prison
term
imposed under either division
consecutively to any other
mandatory prison term imposed under either division
or under
division (D)(1)(d) of this
section,
consecutively to and prior to
any prison term
imposed for the underlying felony pursuant to
division (A),
(D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term
or
mandatory prison term previously or subsequently imposed
upon the
offender.
(b) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(d) of this section for
wearing or
carrying body armor while committing an offense of violence that
is a felony,
the offender shall serve the mandatory
term so
imposed consecutively to any other mandatory prison term
imposed
under that division or under division (D)(1)(a)
or (c) of
this
section, consecutively to and prior to any prison term imposed for
the underlying felony under division (A), (D)(2), or
(D)(3)
of
this section or any other section of the Revised Code, and
consecutively to any other
prison term or mandatory prison term
previously or subsequently
imposed upon the offender.
(c) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(f) of this section, the offender shall
serve the mandatory prison term so imposed consecutively to and
prior to any prison term imposed for the underlying felony under
division (A), (D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term or mandatory prison term previously or subsequently imposed
upon the offender.
(2) If an offender who is an inmate in a jail, prison,
or
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an
offender who is an
inmate in a jail, prison, or other residential
detention facility or is under
detention at a detention facility
commits another felony while the offender is
an
escapee in
violation of
section 2921.34 of the Revised Code, any prison
term
imposed upon the offender for one of those violations
shall be
served by the offender consecutively to the prison term or term of
imprisonment the offender
was serving when the offender committed
that offense and to any other prison
term previously or
subsequently imposed upon the offender.
(3) If a prison term is imposed for a violation of division
(B) of section 2911.01 of the Revised
Code, a violation of
division (A) of section 2913.02 of the Revised Code in which the
stolen property is a firearm or dangerous ordnance, or a felony
violation of division
(B) of section 2921.331
of the Revised Code,
the offender shall serve that
prison term
consecutively to any
other prison term or mandatory prison term
previously or
subsequently
imposed upon the offender.
(4) If multiple prison terms are imposed on an offender
for
convictions of multiple offenses, the court may require the
offender to serve the prison terms consecutively if the court
finds that the consecutive service is necessary to protect the
public from future crime or to punish the offender and that
consecutive sentences are not disproportionate to the seriousness
of the
offender's conduct and to the danger the offender
poses to
the public, and if the court also finds any
of the following:
(a) The offender committed
one or more of the multiple
offenses while the
offender was awaiting trial or sentencing, was
under a sanction
imposed pursuant to section 2929.16, 2929.17, or
2929.18 of the
Revised Code, or was under
post-release control for
a prior
offense.
(b)
At least two of the multiple offenses were committed
as
part of one or more courses of conduct, and the harm caused by
two
or more of the multiple offenses
so committed
was so great or
unusual that no single prison term for any of the
offenses
committed as part of
any of the courses of conduct
adequately
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct
demonstrates
that consecutive sentences are necessary to protect
the public
from future crime by the offender.
(5) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(5) or (6) of this section, the offender
shall serve the mandatory prison term consecutively to and prior
to any prison term imposed for the underlying violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code
pursuant to division (A) of this section 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)(3) 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. 2941.148. (A)(1) The application of Chapter 2971. of
the Revised Code to
an offender is precluded unless one of the
following applies:
(a) The offender is charged with a violent sex offense, and
the indictment, count in the
indictment, or information charging
the violent sex offense
also includes a specification that the
offender is a sexually
violent predator, or the offender is
charged with a designated homicide, assault, or kidnapping
offense, and the indictment, count in the indictment, or
information charging the designated homicide, assault, or
kidnapping offense also includes both a specification of the type
described in section 2941.147 of the Revised Code and a
specification that the offender is a sexually violent predator.
(b) The offender 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 division (B) of
section 2907.02 of the
Revised Code does not prohibit the court
from sentencing the
offender pursuant to section 2971.03 of the
Revised Code.
(c) The offender is convicted of or pleads guilty to
attempted rape committed on or after January 2, 2007, and to a
specification of the type
described in section 2941.1418,
2941.1419, or 2941.1420 of the
Revised Code.
(d) The offender is convicted of or pleads guilty to a
violation of section 2905.01 of the Revised Code and to a
specification of the type described in section 2941.147 of the
Revised Code, and section 2905.01 of the Revised Code requires a
court to sentence the offender pursuant to section 2971.03 of the
Revised Code.
(e) The offender is convicted of or pleads guilty to
aggravated murder and to a specification of the type described in
section 2941.147 of the Revised Code, 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 a court to sentence the offender pursuant to
division (B)(3) of section 2971.03 of the Revised Code.
(f) The offender is convicted of or pleads guilty to murder
and to a specification of the type described in section 2941.147
of the Revised Code, and division (B)(2)(3) of section 2929.02 of
the
Revised Code requires a court to sentence the offender
pursuant to
section 2971.03 of the Revised Code.
(2) A specification required under division (A)(1)(a) of this
section that an offender is a sexually violent predator 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 jury (or insert the person's or
prosecuting attorney's name
when appropriate) further find and
specify that the offender is a
sexually violent predator."
(B) In determining for purposes of this section whether a
person
is a sexually violent predator, all of the factors set
forth in divisions
(H)(1) to (6) of section 2971.01 of the Revised
Code that
apply regarding the person may be considered as evidence
tending to indicate
that it is likely that the person will engage
in the future in one or
more sexually violent offenses.
(C) As used in this section, "designated homicide, assault,
or
kidnapping offense," "violent sex offense," and
"sexually
violent predator" have the same meanings as in section 2971.01 of
the Revised Code.
Sec. 2971.03. (A) Notwithstanding divisions (A),
(B), (C),
and (F) of section 2929.14, section
2929.02, 2929.03, 2929.06,
2929.13, or another section of the
Revised Code, other than
divisions (D) and
(E) of section 2929.14 of the Revised Code, that
authorizes or
requires a specified prison term or a mandatory
prison term
for a person who is convicted of or pleads guilty
to a
felony or that specifies the manner and place of service of
a
prison term or term of imprisonment, the court shall
impose a
sentence upon a person who is convicted of or pleads
guilty to a
violent sex offense and who 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 offense, and upon a person who 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 offense, as follows:
(1) If the offense for which the sentence is being imposed is
aggravated murder and if the court does not
impose upon the
offender a sentence of death, it shall impose
upon the offender a
term of life imprisonment without
parole. If the court sentences
the offender to death and
the sentence of death is vacated,
overturned, or otherwise set aside,
the court shall impose upon
the offender a term of life
imprisonment without parole.
(2) If the offense for which the sentence is being imposed is
murder; or if the offense is rape committed in violation of
division (A)(1)(b) of section 2907.02 of the Revised Code when the
offender purposely compelled the victim to submit by force or
threat of force, when the victim was less than ten years of age,
when the offender previously has been convicted of or pleaded
guilty to either rape committed in violation of that division or a
violation of an existing or former law of this state, another
state, or the United States that is substantially similar to
division (A)(1)(b) of section 2907.02 of the Revised Code, or when
the offender during or immediately after the commission of the
rape caused serious physical harm to the victim; or if the offense
is an offense other than aggravated murder or
murder for which a
term of life imprisonment may be imposed, it shall impose
upon the
offender a term of life imprisonment without parole.
(3)(a) Except as otherwise provided in division (A)(3)(b),
(c), (d), or (e) or (A)(4) of this
section, if the offense for
which the sentence is being imposed is an offense other than
aggravated murder, murder, or rape and other than
an offense for
which a term of life imprisonment may be imposed, it shall
impose
an
indefinite prison term consisting of a minimum term
fixed by
the court from among the range of terms available as a
definite
term for the offense, but not less than two years, and a maximum
term
of life imprisonment.
(b) Except as otherwise provided in division (A)(4) of this
section, if the offense for which the sentence is being imposed is
kidnapping that is a felony of the first degree, it shall impose
an
indefinite prison term as follows:
(i) If the kidnapping is committed on or after the effective
date of this amendment January 1, 2008, and the victim of the
offense is less than
thirteen years of age, except as otherwise
provided in this
division, it shall impose an indefinite prison
term consisting of
a minimum term of fifteen years and a maximum
term of life
imprisonment. If the kidnapping is committed on or
after the
effective date of this amendment January 1, 2008, the
victim of the offense is
less than thirteen years of age, and the
offender released the
victim in a safe place unharmed, it shall
impose an indefinite
prison term consisting of a minimum term of
ten years and a
maximum term of life imprisonment.
(ii) If the kidnapping is committed prior to the effective
date of this amendment January 1, 2008, or division (A)(3)(b)(i)
of this section
does not apply, it shall impose an indefinite
term consisting of a
minimum term fixed by the court that is not
less
than ten years
and a maximum term of life imprisonment.
(c) Except as otherwise provided in division (A)(4) of this
section, if the offense for which the sentence is being imposed is
kidnapping that is a felony of the second degree, it shall impose
an indefinite prison term consisting of a minimum term fixed by
the court that is not less than eight years, and a maximum term of
life imprisonment.
(d) Except as otherwise provided in division (A)(4) of this
section, if the offense for which the sentence is being imposed is
rape for which a term of life
imprisonment is not imposed under
division (A)(2) of this section or division (B) of section 2907.02
of the Revised Code, it shall impose an indefinite prison term as
follows:
(i) If the rape is committed on or after January 2, 2007, in
violation of division
(A)(1)(b) of section 2907.02 of the Revised
Code, it shall impose
an indefinite prison term consisting of a
minimum term of
twenty-five years and a maximum term of life
imprisonment.
(ii) If the rape is committed prior to January 2, 2007, or
the rape is committed on or
after January 2, 2007, other
than in
violation of division (A)(1)(b) of section 2907.02 of the
Revised
Code, it shall impose an indefinite prison term consisting
of a
minimum term fixed by the court that is not less than ten
years,
and a maximum term of
life imprisonment.
(e) Except as otherwise provided in division (A)(4) of this
section, if the offense for which sentence is being imposed is
attempted rape, it shall impose an indefinite prison term as
follows:
(i) Except as otherwise provided in division (A)(3)(e)(ii),
(iii), or (iv) of this section, it shall impose an indefinite
prison term pursuant to division (A)(3)(a) of this section.
(ii) If the attempted rape for which sentence is being
imposed was committed on or after January 2, 2007, and if the
offender also is convicted
of or pleads guilty to a specification
of the type described in
section 2941.1418 of the Revised Code,
it shall impose an
indefinite prison term consisting of a minimum
term of five years
and a maximum term of twenty-five years.
(iii) If the attempted rape for which sentence is being
imposed was committed on or after January 2, 2007, and if the
offender also is convicted
of or pleads guilty to a specification
of the type described in
section 2941.1419 of the Revised Code,
it shall impose an
indefinite prison term consisting of a minimum
term of ten years
and a maximum of life imprisonment.
(iv) If the attempted rape for which sentence is being
imposed was committed on or after January 2, 2007, and if the
offender also is convicted
of or pleads guilty to a specification
of the type described in
section 2941.1420 of the Revised Code,
it shall impose an
indefinite prison term consisting of a minimum
term of fifteen
years and a maximum of life imprisonment.
(4) For any offense for which the sentence is being imposed,
if the offender previously has been convicted of or
pleaded guilty
to a violent sex offense and also to a sexually violent
predator
specification that was included in the indictment, count in the
indictment, or information charging that offense, or previously
has been convicted of or pleaded guilty to a designated homicide,
assault, or kidnapping offense and also 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 offense, it shall impose
upon the
offender a term of life imprisonment without parole.
(B)(1) Notwithstanding section 2929.13, division (A), (B),
(C), or (F) of section 2929.14, or another section of the Revised
Code other than division (B) of section 2907.02 or divisions (D)
and (E) of section 2929.14 of the Revised Code that authorizes or
requires a specified prison term or a mandatory prison term for a
person who is convicted of or pleads guilty to a felony or that
specifies the manner and place of service of a prison term or term
of imprisonment, if 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, if division (A) of
this section does not apply
regarding the person, and if 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, the court shall impose upon
the person an
indefinite prison term consisting of one of the
following:
(a) Except as otherwise required in division (B)(1)(b) or (c)
of this section, a minimum term of ten years and a maximum term of
life imprisonment.
(b) If the victim was less than ten years of age, a minimum
term of fifteen years and a maximum of life imprisonment.
(c) If the offender purposely compels the victim to submit by
force or threat of force, or if the offender previously has been
convicted of or pleaded guilty to violating division (A)(1)(b) of
section 2907.02 of the Revised Code or to violating an existing or
former law of this state, another state, or the United States that
is substantially similar to division (A)(1)(b) of that section, or
if the offender during or immediately after the commission of the
offense caused serious physical harm to the victim, a minimum term
of twenty-five years and a maximum of life imprisonment.
(2) Notwithstanding section 2929.13, division (A), (B), (C),
or (F) of section 2929.14, or another section of the Revised Code
other than divisions (D) and (E) of section 2929.14 of the Revised
Code that authorizes or requires a specified prison term or a
mandatory prison term for a person who is convicted of or pleads
guilty to a felony or that specifies the manner and place of
service of a prison term or term of imprisonment and except as
otherwise provided in division (B) of section 2907.02 of the
Revised Code, if a person is convicted of or pleads guilty to
attempted rape committed on or after January 2, 2007, and if
division (A) of this section
does not apply regarding the person,
the court shall impose upon
the person an indefinite prison term
consisting of one of the
following:
(a) If the person also is convicted of or pleads guilty to a
specification of the type described in section 2941.1418 of the
Revised Code, the court shall impose upon the person an indefinite
prison term consisting of a minimum term of five years and a
maximum term of twenty-five years.
(b) If the person also is convicted of or pleads guilty to a
specification of the type described in section 2941.1419 of the
Revised Code, the court shall impose upon the person an indefinite
prison term consisting of a minimum term of ten years and a
maximum term of life imprisonment.
(c) If the person also is convicted of or pleads guilty to a
specification of the type described in section 2941.1420 of the
Revised Code, the court shall impose upon the person an indefinite
prison term consisting of a minimum term of fifteen years and a
maximum term of life imprisonment.
(3) Notwithstanding section 2929.13, division (A), (B), (C),
or (F) of section 2929.14, or another section of the Revised Code
other than divisions (D) and (E) of section 2929.14 of the Revised
Code that authorizes or requires a specified prison term or a
mandatory prison term for a person who is convicted of or pleads
guilty to a felony or that specifies the manner and place of
service of a prison term or term of imprisonment, if a person is
convicted of or pleads guilty to an offense described in division
(B)(3)(a), (b), (c), or (d) of this section committed on or after
the effective date of this amendment January 1, 2008, if the
person 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 that offense,
and if division (A) of this
section does not apply regarding the
person, the court shall
impose upon the person an indefinite
prison term consisting of one
of the following:
(a) An indefinite prison term consisting of a minimum of ten
years and a maximum term of life imprisonment if the offense for
which the sentence is being imposed is kidnapping, the victim of
the offense is less than thirteen years of age, and the offender
released the victim in a safe place unharmed;
(b) An indefinite prison term consisting of a minimum of
fifteen years and a maximum term of life imprisonment if the
offense for which the sentence is being imposed is kidnapping when
the victim of the offense is less than thirteen years of age and
division (B)(3)(a) of this section does not apply;
(c) An indefinite term consisting of a minimum of thirty
years and a maximum term of life imprisonment if the offense for
which the sentence is being imposed is aggravated murder, when the
victim of the offense is less than thirteen years of age, a
sentence of death or life imprisonment without parole is not
imposed for the offense, 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 that the sentence for the offense be imposed pursuant to
this division;
(d) An indefinite prison term consisting of a minimum of
thirty years and a maximum term of life imprisonment if the
offense for which the sentence is being imposed is murder when the
victim of the offense is less than thirteen years of age and
division (B)(3) of section 2929.02 of the Revised Code requires
that the sentence for the offense be imposed pursuant to this
section.
(C)(1) If the offender is sentenced to a prison term
pursuant
to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or
(c), or (B)(3)(a), (b), (c), or (d) of this
section, the parole
board shall have control over the offender's
service of the term
during the entire term unless the parole
board terminates its
control in accordance with section 2971.04
of the Revised Code.
(2) Except as provided in division (C)(3) of
this section, an
offender sentenced to a prison term or term of life
imprisonment
without parole pursuant to division (A) of this section
shall
serve the entire prison term or term of life imprisonment in a
state
correctional institution. The offender is not eligible for
judicial release
under section 2929.20 of the Revised Code.
(3) For a prison term imposed pursuant to division (A)(3),
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),
(c), or (d) of this
section, the court, in accordance with section
2971.05 of the Revised Code,
may terminate the prison term or
modify the requirement that the offender
serve the entire term in
a state correctional institution
if all of the following apply:
(a) The offender has served at least the
minimum term imposed
as part of that prison term.
(b) The parole board, pursuant to section
2971.04 of the
Revised Code, has terminated its
control over the offender's
service of that prison term.
(c) The court has held a hearing and found, by clear and
convincing evidence, one of the following:
(i) In the case of termination of the prison term,
that the
offender is unlikely to commit a sexually violent
offense in the
future;
(ii) In the case of modification of the requirement, that the
offender does not represent a substantial risk of physical
harm to
others.
(4) An offender who has been sentenced to a term of life
imprisonment
without parole pursuant to division (A)(1), (2), or
(4) of this
section shall not be released from the
term of life
imprisonment or be permitted to serve a
portion of it in a place
other than a state correctional
institution.
(D) If a court sentences an offender
to a prison term or term
of life imprisonment without parole pursuant to
division (A) of
this section and the court also imposes on the offender one or
more additional prison terms pursuant to division
(D) of section
2929.14 of the Revised Code, all of the additional prison terms
shall be served consecutively with, and prior to,
the prison term
or term of life imprisonment without parole imposed upon the
offender pursuant to division (A) of this section.
(E) If the offender is convicted of or
pleads guilty to two
or more offenses for which a prison term or term of life
imprisonment without parole is
required to be imposed pursuant to
division (A) of this
section, divisions (A) to (D) of this section
shall be applied for each offense. All minimum terms
imposed upon
the offender pursuant to division
(A)(3) or (B) of this section
for those offenses shall be
aggregated and served consecutively,
as if they were a single
minimum term imposed under that division.
(F)(1) If an offender 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
offense, or 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
offense, the conviction of or plea of guilty to the offense and
the sexually violent predator
specification automatically
classifies the offender as a tier III sex
offender/child-victim
offender for purposes of Chapter 2950. of
the Revised Code.
(2) If an offender is convicted of or pleads guilty to
committing on or after
January 2, 2007, a violation of division
(A)(1)(b) of section
2907.02 of the Revised Code and either the
offender is sentenced
under section 2971.03 of the Revised Code
or a sentence of life
without parole is imposed under division
(B) of section 2907.02 of
the Revised Code, the conviction of or
plea of guilty to the
offense automatically classifies the
offender as a
tier III sex offender/child-victim offender for
purposes of
Chapter 2950. of the Revised Code.
(3) If a person is convicted of or pleads guilty to
committing on or after
January 2, 2007, attempted rape and also
is convicted of or pleads
guilty to a specification of the type
described in section
2941.1418, 2941.1419, or 2941.1420 of the
Revised Code, the
conviction of or plea of guilty to the offense
and the
specification automatically classify the offender as a
tier III sex offender/child-victim offender for purposes
of
Chapter 2950. of the Revised Code.
(4) If a person is convicted of or pleads guilty to one of
the offenses described in division (B)(3)(a), (b), (c), or (d) of
this section and a sexual motivation specification related to the
offense and the victim of the offense is less than thirteen years
of age, the conviction of or plea of guilty to the offense
automatically classifies the offender as a tier III sex
offender/child-victim offender for purposes of Chapter 2950. of
the Revised Code.
Sec. 2971.07. (A) This chapter does not
apply to any
offender unless the offender is one of the following:
(1) The offender 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
offense.
(2) The offender 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 offense.
(3) The offender 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 the court does
not sentence the offender to a
term of life without parole
pursuant to division (B) of section
2907.02 of the Revised Code
or division (B) of that section
prohibits the court from
sentencing the offender pursuant to
section 2971.03 of the
Revised Code.
(4) The offender is convicted of or pleads guilty to
attempted rape committed on or after January 2, 2007, and also is
convicted of or pleads
guilty to a specification of the type
described in section
2941.1418, 2941.1419, or 2941.1420 of the
Revised Code.
(5) The offender is convicted of or pleads guilty to a
violation of section 2905.01 of the Revised Code and 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 that offense, and that section requires a
court to sentence the offender pursuant to section 2971.03 of the
Revised Code.
(6) The offender is convicted of or pleads guilty to
aggravated murder and 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 that
offense, 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 a court to sentence the
offender pursuant to division (B)(3) of section 2971.03 of the
Revised Code.
(7) The offender is convicted of or pleads guilty to murder
and 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 that offense, and division
(B)(2)(3) of section 2929.02 of the Revised Code requires a court
to
sentence the offender pursuant to section 2971.03 of the
Revised
Code.
(B) This chapter does not limit or affect a
court in imposing
upon
an offender described in divisions (A)(1) to (9) of this
section
any
financial sanction under section 2929.18
or any other
section
of the Revised Code, or, except
as specifically provided
in this
chapter,
any other sanction that is authorized or
required for the
offense or violation
by any other provision of
law.
(C) If an offender is sentenced to a prison term under
division (A)(3), (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 if, pursuant to section 2971.05 of the Revised
Code, the
court modifies
the
requirement that the offender serve
the entire
prison term in a state correctional institution or
places the
offender on conditional release that involves the
placement of
the offender
under the supervision of the adult
parole authority,
authorized field officers
of the authority who
are engaged within
the scope of their supervisory duties
or
responsibilities may
search, with or without a warrant, the person
of the
offender,
the place of residence of the offender, and a
motor vehicle,
another
item of tangible or intangible personal
property, or any
other real property
in which the offender has the
express or
implied permission of a person with a
right, title, or
interest
to use, occupy, or possess if the field officer has
reasonable
grounds to believe that the offender is not abiding by
the law or
otherwise is not complying with the terms and
conditions of the
offender's
modification or release. The
authority shall provide
each offender with a
written notice that
informs the offender
that authorized field officers of the
authority who are engaged
within the scope of their supervisory
duties or
responsibilities
may conduct those types of searches
during the period of the
modification or release if they have
reasonable grounds to
believe that the
offender is not abiding by
the law or otherwise
is not complying with the
terms and
conditions of the offender's
modification or release.
Sec. 5120.61. (A)(1) Not later than ninety days after
January 1, 1997, the department of rehabilitation and
correction
shall adopt standards that it will use under this section to
assess
the following criminal offenders and may periodically
revise the standards:
(a) A criminal offender who is convicted of or pleads guilty
to
a violent sex offense or designated homicide, assault, or
kidnapping offense and is adjudicated a
sexually violent predator
in relation to that offense;
(b) A criminal offender who 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 who
is sentenced under
section 2971.03 of the Revised Code or upon
whom a sentence of
life without parole is imposed under division
(B) of section
2907.02 of the Revised Code;
(c) A criminal offender who 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;
(d) A criminal offender who is convicted of or pleads guilty
to a violation of section 2905.01 of the Revised Code and 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 that offense, and who is sentenced pursuant
to section 2971.03 of the Revised Code;
(e) A criminal offender who is convicted of or pleads guilty
to aggravated murder and 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 that
offense, and who pursuant to 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 is
sentenced pursuant to division (B)(3) of section 2971.03 of the
Revised Code;
(f) A criminal offender who is convicted of or pleads guilty
to murder and 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 that offense, and
who pursuant to division (B)(2)(3) of section 2929.02 of the
Revised
Code is sentenced pursuant to section 2971.03 of the
Revised Code.
(2) When the department is requested by the parole board or
the court to
provide a risk assessment report of the offender
under section 2971.04 or
2971.05 of the Revised Code, it shall
assess the offender
and complete the assessment as soon as
possible after
the offender has commenced serving the prison term
or term of life
imprisonment without parole imposed
under division
(A), (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. Thereafter, the
department shall update a risk assessment
report pertaining to
an offender as follows:
(a) Periodically, in the discretion of the department,
provided that
each report shall be updated no later than two years
after its initial
preparation or most recent update;
(b) Upon the request of the parole board for use in
determining
pursuant to section 2971.04 of the Revised Code
whether it should terminate
its control over an offender's service
of a prison term imposed upon
the offender under division (A)(3),
(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;
(c) Upon the request of the court.
(3) After the department of rehabilitation and correction
assesses an offender pursuant to division (A)(2) of this section,
it shall
prepare a report that contains its risk assessment for
the offender or, if a
risk assessment report previously has been
prepared, it shall update the risk
assessment report.
(4) The department of rehabilitation and correction shall
provide each
risk assessment report that it
prepares or updates
pursuant to this section regarding an offender to
all of the
following:
(a) The parole board for its use in determining pursuant to
section 2971.04 of the Revised Code whether it
should terminate
its control over an offender's
service of a prison term imposed
upon the offender under division
(A)(3), (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, if the parole board has not
terminated its control over the offender;
(b) The court for use in determining, pursuant to section
2971.05
of the Revised Code, whether to modify the requirement
that the offender serve
the entire prison term
imposed upon the
offender under division (A)(3), (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 in a state correctional institution,
whether to revise any
modification previously made, or whether to
terminate the prison term;
(c) The prosecuting attorney who prosecuted the case, or the
successor in office to that prosecuting attorney;
(B) When the department of rehabilitation and correction
provides a risk assessment report regarding an offender to the
parole board or court pursuant to division
(A)(4)(a) or (b) of
this section, the department,
prior to the parole board's or
court's hearing, also shall
provide to the offender or to the
offender's attorney of record
a copy of the report and a copy of
any other relevant documents
the department possesses regarding
the offender that the
department does not consider to be
confidential.
(C) As used in this section:
(1) "Adjudicated a sexually violent predator" has the same
meaning as in section 2929.01 of the Revised Code, and a person is
"adjudicated a sexually violent predator" in the same manner and
the same circumstances as are described in that section.
(2) "Designated homicide, assault, or kidnapping offense" and
"violent sex offense" have the same meanings as
in section 2971.01
of the Revised Code.
Section 2. That existing sections 2929.02, 2929.14,
2941.148, 2971.03, 2971.07, and 5120.61 of the Revised Code are
hereby repealed.
Section 3. The amendments to sections 2929.02, 2929.14,
2941.148, 2971.03, 2971.07, and 5120.61 of the Revised Code that
are made in Sections 1 and 2 of this act apply only to a violation
of section 2903.02 of the Revised Code committed on or after the
effective date of this act.
Section 4. 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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