The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 575 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
| |
Cosponsors:
Representatives Bolon, Brown, Letson, Lundy, Harris, Hagan, Murray, Blair, Pryor, Driehaus, Garland
A BILL
To amend sections 2929.12 and 2929.22 of the Revised
Code to require a court, when sentencing an
offender for certain drug possession offenses, to
take into consideration if the offender was
seeking medical assistance for the offender or on
behalf of another person for a drug-related
overdose when evidence related to the offense was
obtained.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2929.12 and 2929.22 of the Revised
Code be amended to read as follows:
Sec. 2929.12. (A) Unless otherwise required by section
2929.13 or 2929.14 of the Revised Code, a court that imposes a
sentence under this chapter upon an offender for a felony has
discretion to determine the most effective way to comply with the
purposes and principles of sentencing set forth in section 2929.11
of the Revised Code. In exercising that discretion, the court
shall consider the factors set forth in divisions (B) and (C) of
this section relating to the seriousness of the conduct and the
factors provided in divisions (D) and (E) of this section relating
to the likelihood of the offender's recidivism and, in addition,
may consider any other factors that are relevant to achieving
those purposes and principles of sentencing.
(B) The sentencing court shall consider all of the following
that apply regarding the offender, the offense, or the victim, and
any other relevant factors, as indicating that the offender's
conduct is more serious than conduct normally constituting the
offense:
(1) The physical or mental injury suffered by the victim of
the offense due to the conduct of the offender was exacerbated
because of the physical or mental condition or age of the victim.
(2) The victim of the offense suffered serious physical,
psychological, or economic harm as a result of the offense.
(3) The offender held a public office or position of trust in
the community, and the offense related to that office or position.
(4) The offender's occupation, elected office, or profession
obliged the offender to prevent the offense or bring others
committing it to justice.
(5) The offender's professional reputation or occupation,
elected office, or profession was used to facilitate the offense
or is likely to influence the future conduct of others.
(6) The offender's relationship with the victim facilitated
the offense.
(7) The offender committed the offense for hire or as a part
of an organized criminal activity.
(8) In committing the offense, the offender was motivated by
prejudice based on race, ethnic background, gender, sexual
orientation, or religion.
(9) If the offense is a violation of section 2919.25 or a
violation of section 2903.11, 2903.12, or 2903.13 of the Revised
Code involving a person who was a family or household member at
the time of the violation, the offender committed the offense in
the vicinity of one or more children who are not victims of the
offense, and the offender or the victim of the offense is a
parent, guardian, custodian, or person in loco parentis of one or
more of those children.
(C) The sentencing court shall consider all of the following
that apply regarding the offender, the offense, or the victim, and
any other relevant factors, as indicating that the offender's
conduct is less serious than conduct normally constituting the
offense:
(1) The victim induced or facilitated the offense.
(2) In committing the offense, the offender acted under
strong provocation.
(3) In committing the offense, the offender did not cause or
expect to cause physical harm to any person or property.
(4) There are substantial grounds to mitigate the offender's
conduct, although the grounds are not enough to constitute a
defense.
(5) If the offense involves a felony violation of section
2925.11 of the Revised Code, the offender sought medical
assistance for a drug-related overdose, and evidence related to
the offense was obtained as a result of the offender seeking that
medical assistance.
(6) If the offense involves a felony violation of section
2925.11 of the Revised Code, the offender sought medical
assistance for someone other than the offender who was
experiencing a drug-related overdose, and evidence related to the
offense was obtained as a result of the offender seeking that
medical assistance.
(D) The sentencing court shall consider all of the following
that apply regarding the offender, and any other relevant factors,
as factors indicating that the offender is likely to commit future
crimes:
(1) At the time of committing the offense, the offender was
under release from confinement before trial or sentencing, under a
sanction imposed pursuant to section 2929.16, 2929.17, or 2929.18
of the Revised Code, or under post-release control pursuant to
section 2967.28 or any other provision of the Revised Code for an
earlier offense or had been unfavorably terminated from
post-release control for a prior offense pursuant to division (B)
of section 2967.16 or section 2929.141 of the Revised Code.
(2) The offender previously was adjudicated a delinquent
child pursuant to Chapter 2151. of the Revised Code prior to
January 1, 2002, or pursuant to Chapter 2152. of the Revised Code,
or the offender has a history of criminal convictions.
(3) The offender has not been rehabilitated to a
satisfactory
degree after previously being adjudicated a delinquent child
pursuant to Chapter 2151. of the Revised Code prior to January 1,
2002, or pursuant to Chapter 2152. of the Revised Code, or the
offender has not responded favorably to sanctions previously
imposed for criminal convictions.
(4) The offender has demonstrated a pattern of drug or
alcohol abuse that is related to the offense, and the offender
refuses to acknowledge that the offender has demonstrated that
pattern, or the offender refuses treatment for the drug or alcohol
abuse.
(5) The offender shows no genuine remorse for the offense.
(E) The sentencing court shall consider all of the following
that apply regarding the offender, and any other relevant factors,
as factors indicating that the offender is not likely to commit
future crimes:
(1) Prior to committing the offense, the offender had not
been adjudicated a delinquent child.
(2) Prior to committing the offense, the offender had not
been convicted of or pleaded guilty to a criminal offense.
(3) Prior to committing the offense, the offender had led a
law-abiding life for a significant number of years.
(4) The offense was committed under circumstances not likely
to recur.
(5) The offender shows genuine remorse for the offense.
Sec. 2929.22. (A) Unless a mandatory jail term is required
to be imposed by division (G) of section 1547.99, division (B) of
section 4510.14, division (G) of section 4511.19 of the Revised
Code, or any other provision of the Revised Code a court that
imposes a sentence under this chapter upon an offender for a
misdemeanor or minor misdemeanor has discretion to determine the
most effective way to achieve the purposes and principles of
sentencing set forth in section 2929.21 of the Revised Code.
Unless a specific sanction is required to be imposed or is
precluded from being imposed by the section setting forth an
offense or the penalty for an offense or by any provision of
sections 2929.23 to 2929.28 of the Revised Code, a court that
imposes a sentence upon an offender for a misdemeanor may impose
on the offender any sanction or combination of sanctions under
sections 2929.24 to 2929.28 of the Revised Code. The court shall
not impose a sentence that imposes an unnecessary burden on local
government resources.
(B)(1) In determining the appropriate sentence for a
misdemeanor, the court shall consider all of the following
factors:
(a) The nature and circumstances of the offense or offenses;
(b) Whether the circumstances regarding the offender and the
offense or offenses indicate that the offender has a history of
persistent criminal activity and that the offender's character and
condition reveal a substantial risk that the offender will commit
another offense;
(c) Whether the circumstances regarding the offender and the
offense or offenses indicate that the offender's history,
character, and condition reveal a substantial risk that the
offender will be a danger to others and that the offender's
conduct has been characterized by a pattern of repetitive,
compulsive, or aggressive behavior with heedless indifference to
the consequences;
(d) Whether the victim's youth, age, disability, or other
factor made the victim particularly vulnerable to the offense or
made the impact of the offense more serious;
(e) Whether the offender is likely to commit future crimes in
general, in addition to the circumstances described in divisions
(B)(1)(b) and (c) of this section.
(2) In addition to the factors listed in division (B)(1) of
this section and in determining the appropriate sentence for a
misdemeanor violation of section 2925.11 of the Revised Code, a
court may consider either of the following for purposes of
indicating that an offender's conduct is less serious than conduct
normally constituting the offense:
(a) The offender sought medical assistance for a drug-related
overdose, and evidence related to the offense was obtained as a
result of the offender seeking that medical assistance.
(b) The offender sought medical assistance for someone other
than the offender who was experiencing a drug-related overdose,
and evidence related to the offense was obtained as a result of
the offender seeking that medical assistance.
(3) In determining the appropriate sentence for a
misdemeanor, in addition to complying with division divisions
(B)(1) and (2) of this section, the court may consider any other
factors that are relevant to achieving the purposes and principles
of sentencing set forth in section 2929.21 of the Revised Code.
(C) Before imposing a jail term as a sentence for a
misdemeanor, a court shall consider the appropriateness of
imposing a community control sanction or a combination of
community control sanctions under sections 2929.25, 2929.26,
2929.27, and 2929.28 of the Revised Code. A court may impose the
longest jail term authorized under section 2929.24 of the Revised
Code only upon offenders who commit the worst forms of the offense
or upon offenders whose conduct and response to prior sanctions
for prior offenses demonstrate that the imposition of the longest
jail term is necessary to deter the offender from committing a
future crime.
(D)(1) A sentencing court shall consider any relevant oral or
written statement made by the victim, the defendant, the defense
attorney, or the prosecuting authority regarding sentencing for a
misdemeanor. This division does not create any rights to notice
other than those rights authorized by Chapter 2930. of the Revised
Code.
(2) At the time of sentencing for a misdemeanor or as soon as
possible after sentencing, the court shall notify the victim of
the offense of the victim's right to file an application for an
award of reparations pursuant to sections 2743.51 to 2743.72 of
the Revised Code.
Section 2. That existing sections 2929.12 and 2929.22 of the
Revised Code are hereby repealed.
|
|