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H. B. No. 34 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Combs, McClain, Hackett, Kozlowski, Blair, Stautberg
A BILL
To amend sections 2907.03, 2907.06, 2929.01, 2929.13,
2929.14, 2929.22, and 2929.24 and to enact section
2941.1424 of the Revised Code to require a
mandatory prison term for sexual battery, expand
the offense of sexual imposition, and require a
mandatory prison term or jail term for unlawful
sexual conduct with a minor, gross sexual
imposition, importuning, and endangering children
under specified circumstances involving a victim
who is a minor or student and an offender who is a
person in authority with respect to the victim.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2907.03, 2907.06, 2929.01, 2929.13,
2929.14, 2929.22, and 2929.24 be amended and section 2941.1424 of
the Revised Code be enacted to read as follows:
Sec. 2907.03. (A) No person shall engage in sexual conduct
with another, not the spouse of the offender, when any of the
following apply:
(1) The offender knowingly coerces the other person to submit
by any means that would prevent resistance by a person of ordinary
resolution.
(2) The offender knows that the other person's ability to
appraise the nature of or control the other person's own conduct
is substantially impaired.
(3) The offender knows that the other person submits because
the other person is unaware that the act is being committed.
(4) The offender knows that the other person submits because
the other person mistakenly identifies the offender as the other
person's spouse.
(5) The offender is the other person's natural or adoptive
parent, or a stepparent, or guardian, custodian, or person in loco
parentis of the other person.
(6) The other person is in custody of law or a patient in a
hospital or other institution, and the offender has supervisory or
disciplinary authority over the other person.
(7) The offender is a teacher, administrator, coach, or other
person in authority employed by or serving in a school for which
the state board of education prescribes minimum standards pursuant
to division (D) of section 3301.07 of the Revised Code, the other
person is enrolled in or attends that school, and the offender is
not enrolled in and does not attend that school.
(8) The other person is a minor, the offender is a teacher,
administrator, coach, or other person in authority employed by or
serving in an institution of higher education, and the other
person is enrolled in or attends that institution.
(9) The other person is a minor, and the offender is the
other person's athletic or other type of coach, is the other
person's instructor, is the leader of a scouting troop of which
the other person is a member, or is a person with temporary or
occasional disciplinary control over the other person.
(10) The offender is a mental health professional, the other
person is a mental health client or patient of the offender, and
the offender induces the other person to submit by falsely
representing to the other person that the sexual conduct is
necessary for mental health treatment purposes.
(11) The other person is confined in a detention facility,
and the offender is an employee of that detention facility.
(12) The other person is a minor, the offender is a cleric,
and the other person is a member of, or attends, the church or
congregation served by the cleric.
(13) The other person is a minor, the offender is a peace
officer, and the offender is more than two years older than the
other person.
(B)(1) Whoever violates this section is guilty of sexual
battery. Except
(2) Except as otherwise provided in this division (B)(3) of
this section, sexual battery is a felony of the third degree, and,
if the offense is a violation of division (A)(7), (8), or (9) of
this section, the court shall impose upon the offender a mandatory
prison term of three, four, or five years. If
(3) If the other person is less than thirteen years of age,
sexual battery is a felony of the second degree, and the court
shall impose upon the offender a mandatory prison term determined
as follows:
(a) If the offense is a violation of division (A)(7), (8), or
(9) of this section, the court shall impose a mandatory prison
term of three, four, five, six, seven, or eight years.
(b) If the offense is a violation of any division of this
section other than division (A)(7), (8), or (9) of this section,
the court shall impose a mandatory prison term equal to one of the
prison terms prescribed in section 2929.14 of the Revised Code for
a felony of the second degree.
(C) As used in this section:
(1) "Cleric" has the same meaning as in section 2317.02 of
the Revised Code.
(2) "Detention facility" has the same meaning as in section
2921.01 of the Revised Code.
(3) "Institution of higher education" means a state
institution of higher education defined in section 3345.011 of the
Revised Code, a private nonprofit college or university located in
this state that possesses a certificate of authorization issued by
the Ohio board of regents pursuant to Chapter 1713. of the Revised
Code, or a school certified under Chapter 3332. of the Revised
Code.
(4) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
Sec. 2907.06. (A) No person shall have sexual contact with
another, not the spouse of the offender; cause another, not the
spouse of the offender, to have sexual contact with the offender;
or cause two or more other persons to have sexual contact when any
of the following applies:
(1) The offender knows that the sexual contact is offensive
to the other person, or one of the other persons, or is reckless
in that regard.
(2) The offender knows that the other person's, or one of the
other person's, ability to appraise the nature of or control the
offender's or touching person's conduct is substantially impaired.
(3) The offender knows that the other person, or one of the
other persons, submits because of being unaware of the sexual
contact.
(4) The other person, or one of the other persons, is
thirteen years of age or older but less than sixteen years of age,
whether or not the offender knows the age of such person, and the
offender is at least eighteen years of age and four or more years
older than such other person.
(5) The offender is a mental health professional, the other
person or one of the other persons is a mental health client or
patient of the offender, and the offender induces the other person
who is the client or patient to submit by falsely representing to
the other person who is the client or patient that the sexual
contact is necessary for mental health treatment purposes.
(6) The offender is a teacher, administrator, coach, or other
person in authority employed by or serving in a school for which
the state board of education prescribed minimum standards pursuant
to division (D) of section 3301.07 of the Revised Code, the other
person, or one of the other persons, is enrolled in or attends
that school, and the offender is not enrolled in and does not
attend that school.
(7) The other person is a minor, the offender is a teacher,
administrator, coach, or other person in authority employed by or
serving in an institution of higher education, and the other
person is enrolled in or attends that institution.
(8) The other person is a minor, and the offender is the
other person's athletic or other type of coach, is the other
person's instructor, is the leader of a scouting troop of which
the other person is a member, or is a person with temporary or
occasional disciplinary control over the other person.
(B) No person shall be convicted of a violation of this
section solely upon the victim's testimony unsupported by other
evidence.
(C) Whoever violates this section is guilty of sexual
imposition,. Except as otherwise provided in this division, a
violation of division (A)(1), (2), (3), (4), or (5) of this
section is a misdemeanor of the third degree. If the offender
previously has been convicted of a violation of this section or of
section 2907.02, 2907.03, 2907.04, 2907.05, or 2907.12 of the
Revised Code, a violation of division (A)(1), (2), (3), (4), or
(5) of this section is a misdemeanor of the first degree. A
violation of division (A)(6), (7), or (8) of this section is a
felony of the fourth degree, and the court shall impose a
mandatory prison term on the offender of three years.
Sec. 2929.01. As used in this chapter:
(A)(1) "Alternative residential facility" means, subject to
division (A)(2) of this section, any facility other than an
offender's home or residence in which an offender is assigned to
live and that satisfies all of the following criteria:
(a) It provides programs through which the offender may seek
or maintain employment or may receive education, training,
treatment, or habilitation.
(b) It has received the appropriate license or certificate
for any specialized education, training, treatment, habilitation,
or other service that it provides from the government agency that
is responsible for licensing or certifying that type of education,
training, treatment, habilitation, or service.
(2) "Alternative residential facility" does not include a
community-based correctional facility, jail, halfway house, or
prison.
(B) "Basic probation supervision" means a requirement that
the offender maintain contact with a person appointed to supervise
the offender in accordance with sanctions imposed by the court or
imposed by the parole board pursuant to section 2967.28 of the
Revised Code. "Basic probation supervision" includes basic parole
supervision and basic post-release control supervision.
(C) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and
"unit dose" have the same meanings as in section 2925.01 of the
Revised Code.
(D) "Community-based correctional facility" means a
community-based correctional facility and program or district
community-based correctional facility and program developed
pursuant to sections 2301.51 to 2301.58 of the Revised Code.
(E) "Community control sanction" means a sanction that is not
a prison term and that is described in section 2929.15, 2929.16,
2929.17, or 2929.18 of the Revised Code or a sanction that is not
a jail term and that is described in section 2929.26, 2929.27, or
2929.28 of the Revised Code. "Community control sanction" includes
probation if the sentence involved was imposed for a felony that
was committed prior to July 1, 1996, or if the sentence involved
was imposed for a misdemeanor that was committed prior to January
1, 2004.
(F) "Controlled substance," "marihuana," "schedule I," and
"schedule II" have the same meanings as in section 3719.01 of the
Revised Code.
(G) "Curfew" means a requirement that an offender during a
specified period of time be at a designated place.
(H) "Day reporting" means a sanction pursuant to which an
offender is required each day to report to and leave a center or
other approved reporting location at specified times in order to
participate in work, education or training, treatment, and other
approved programs at the center or outside the center.
(I) "Deadly weapon" has the same meaning as in section
2923.11 of the Revised Code.
(J) "Drug and alcohol use monitoring" means a program under
which an offender agrees to submit to random chemical analysis of
the offender's blood, breath, or urine to determine whether the
offender has ingested any alcohol or other drugs.
(K) "Drug treatment program" means any program under which a
person undergoes assessment and treatment designed to reduce or
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under
which the person may be required to receive assessment and
treatment on an outpatient basis or may be required to reside at a
facility other than the person's home or residence while
undergoing assessment and treatment.
(L) "Economic loss" means any economic detriment suffered by
a victim as a direct and proximate result of the commission of an
offense and includes any loss of income due to lost time at work
because of any injury caused to the victim, and any property loss,
medical cost, or funeral expense incurred as a result of the
commission of the offense. "Economic loss" does not include
non-economic loss or any punitive or exemplary damages.
(M) "Education or training" includes study at, or in
conjunction with a program offered by, a university, college, or
technical college or vocational study and also includes the
completion of primary school, secondary school, and literacy
curricula or their equivalent.
(N) "Firearm" has the same meaning as in section 2923.11 of
the Revised Code.
(O) "Halfway house" means a facility licensed by the division
of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the
Revised Code as a suitable facility for the care and treatment of
adult offenders.
(P) "House arrest" means a period of confinement of an
offender that is in the offender's home or in other premises
specified by the sentencing court or by the parole board pursuant
to section 2967.28 of the Revised Code and during which all of the
following apply:
(1) The offender is required to remain in the offender's home
or other specified premises for the specified period of
confinement, except for periods of time during which the offender
is at the offender's place of employment or at other premises as
authorized by the sentencing court or by the parole board.
(2) The offender is required to report periodically to a
person designated by the court or parole board.
(3) The offender is subject to any other restrictions and
requirements that may be imposed by the sentencing court or by the
parole board.
(Q) "Intensive probation supervision" means a requirement
that an offender maintain frequent contact with a person appointed
by the court, or by the parole board pursuant to section 2967.28
of the Revised Code, to supervise the offender while the offender
is seeking or maintaining necessary employment and participating
in training, education, and treatment programs as required in the
court's or parole board's order. "Intensive probation supervision"
includes intensive parole supervision and intensive post-release
control supervision.
(R) "Jail" means a jail, workhouse, minimum security jail, or
other residential facility used for the confinement of alleged or
convicted offenders that is operated by a political subdivision or
a combination of political subdivisions of this state.
(S) "Jail term" means the term in a jail that a sentencing
court imposes or is authorized to impose pursuant to section
2929.24 or 2929.25 of the Revised Code or pursuant to any other
provision of the Revised Code that authorizes a term in a jail for
a misdemeanor conviction.
(T) "Mandatory jail term" means the term in a jail that a
sentencing court is required to impose pursuant to division (G) of
section 1547.99 of the Revised Code, division (E) of section
2903.06 or division (D) of section 2903.08 of the Revised Code,
division (E) or, (F), (G), or (H) of section 2929.24 of the
Revised Code, division (B) of section 4510.14 of the Revised Code,
or division (G) of section 4511.19 of the Revised Code or pursuant
to any other provision of the Revised Code that requires a term in
a jail for a misdemeanor conviction.
(U) "Delinquent child" has the same meaning as in section
2152.02 of the Revised Code.
(V) "License violation report" means a report that is made by
a sentencing court, or by the parole board pursuant to section
2967.28 of the Revised Code, to the regulatory or licensing board
or agency that issued an offender a professional license or a
license or permit to do business in this state and that specifies
that the offender has been convicted of or pleaded guilty to an
offense that may violate the conditions under which the offender's
professional license or license or permit to do business in this
state was granted or an offense for which the offender's
professional license or license or permit to do business in this
state may be revoked or suspended.
(W) "Major drug offender" means an offender who is convicted
of or pleads guilty to the possession of, sale of, or offer to
sell any drug, compound, mixture, preparation, or substance that
consists of or contains at least one thousand grams of hashish; at
least one hundred grams of crack cocaine; at least one thousand
grams of cocaine that is not crack cocaine; at least two thousand
five hundred unit doses or two hundred fifty grams of heroin; at
least five thousand unit doses of L.S.D. or five hundred grams of
L.S.D. in a liquid concentrate, liquid extract, or liquid
distillate form; or at least one hundred times the amount of any
other schedule I or II controlled substance other than marihuana
that is necessary to commit a felony of the third degree pursuant
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised
Code that is based on the possession of, sale of, or offer to sell
the controlled substance.
(X) "Mandatory prison term" means any of the following:
(1) Subject to division (X)(2) of this section, the term in
prison that must be imposed for the offenses or circumstances set
forth in divisions (F)(1) to (8) or (F)(12) to (18)(20) of section
2929.13 and division (D) of section 2929.14 of the Revised Code.
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,
and 2925.11 of the Revised Code, unless the maximum or another
specific term is required under section 2929.14 or 2929.142 of the
Revised Code, a mandatory prison term described in this division
may be any prison term authorized for the level of offense.
(2) The term of sixty or one hundred twenty days in prison
that a sentencing court is required to impose for a third or
fourth degree felony OVI offense pursuant to division (G)(2) of
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19
of the Revised Code or the term of one, two, three, four, or five
years in prison that a sentencing court is required to impose
pursuant to division (G)(2) of section 2929.13 of the Revised
Code.
(3) The term in prison imposed pursuant to division (A) of
section 2971.03 of the Revised Code for the offenses and in the
circumstances described in division (F)(11) of section 2929.13 of
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section
2971.03 of the Revised Code and that term as modified or
terminated pursuant to section 2971.05 of the Revised Code.
(Y) "Monitored time" means a period of time during which an
offender continues to be under the control of the sentencing court
or parole board, subject to no conditions other than leading a
law-abiding life.
(Z) "Offender" means a person who, in this state, is
convicted of or pleads guilty to a felony or a misdemeanor.
(AA) "Prison" means a residential facility used for the
confinement of convicted felony offenders that is under the
control of the department of rehabilitation and correction but
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code.
(BB) "Prison term" includes either of the following sanctions
for an offender:
(1) A stated prison term;
(2) A term in a prison shortened by, or with the approval of,
the sentencing court pursuant to section 2929.20, 2967.26,
5120.031, 5120.032, or 5120.073 of the Revised Code.
(CC) "Repeat violent offender" means a person about whom both
of the following apply:
(1) The person is being sentenced for committing or for
complicity in committing any of the following:
(a) Aggravated murder, murder, any felony of the first or
second degree that is an offense of violence, or an attempt to
commit any of these offenses if the attempt is a felony of the
first or second degree;
(b) An offense under an existing or former law of this state,
another state, or the United States that is or was substantially
equivalent to an offense described in division (CC)(1)(a) of this
section.
(2) The person previously was convicted of or pleaded guilty
to an offense described in division (CC)(1)(a) or (b) of this
section.
(DD) "Sanction" means any penalty imposed upon an offender
who is convicted of or pleads guilty to an offense, as punishment
for the offense. "Sanction" includes any sanction imposed pursuant
to any provision of sections 2929.14 to 2929.18 or 2929.24 to
2929.28 of the Revised Code.
(EE) "Sentence" means the sanction or combination of
sanctions imposed by the sentencing court on an offender who is
convicted of or pleads guilty to an offense.
(FF) "Stated prison term" means the prison term, mandatory
prison term, or combination of all prison terms and mandatory
prison terms imposed by the sentencing court pursuant to section
2929.14, 2929.142, or 2971.03 of the Revised Code or under section
2919.25 of the Revised Code. "Stated prison term" includes any
credit received by the offender for time spent in jail awaiting
trial, sentencing, or transfer to prison for the offense and any
time spent under house arrest or house arrest with electronic
monitoring imposed after earning credits pursuant to section
2967.193 of the Revised Code.
(GG) "Victim-offender mediation" means a reconciliation or
mediation program that involves an offender and the victim of the
offense committed by the offender and that includes a meeting in
which the offender and the victim may discuss the offense, discuss
restitution, and consider other sanctions for the offense.
(HH) "Fourth degree felony OVI offense" means a violation of
division (A) of section 4511.19 of the Revised Code that, under
division (G) of that section, is a felony of the fourth degree.
(II) "Mandatory term of local incarceration" means the term
of sixty or one hundred twenty days in a jail, a community-based
correctional facility, a halfway house, or an alternative
residential facility that a sentencing court may impose upon a
person who is convicted of or pleads guilty to a fourth degree
felony OVI offense pursuant to division (G)(1) of section 2929.13
of the Revised Code and division (G)(1)(d) or (e) of section
4511.19 of the Revised Code.
(JJ) "Designated homicide, assault, or kidnapping offense,"
"violent sex offense," "sexual motivation specification,"
"sexually violent offense," "sexually violent predator," and
"sexually violent predator specification" have the same meanings
as in section 2971.01 of the Revised Code.
(KK) "Sexually oriented offense," "child-victim oriented
offense," and "tier III sex offender/child-victim offender," have
the same meanings as in section 2950.01 of the Revised Code.
(LL) An offense is "committed in the vicinity of a child" if
the offender commits the offense within thirty feet of or within
the same residential unit as a child who is under eighteen years
of age, regardless of whether the offender knows the age of the
child or whether the offender knows the offense is being committed
within thirty feet of or within the same residential unit as the
child and regardless of whether the child actually views the
commission of the offense.
(MM) "Family or household member" has the same meaning as in
section 2919.25 of the Revised Code.
(NN) "Motor vehicle" and "manufactured home" have the same
meanings as in section 4501.01 of the Revised Code.
(OO) "Detention" and "detention facility" have the same
meanings as in section 2921.01 of the Revised Code.
(PP) "Third degree felony OVI offense" means a violation of
division (A) of section 4511.19 of the Revised Code that, under
division (G) of that section, is a felony of the third degree.
(QQ) "Random drug testing" has the same meaning as in section
5120.63 of the Revised Code.
(RR) "Felony sex offense" has the same meaning as in section
2967.28 of the Revised Code.
(SS) "Body armor" has the same meaning as in section
2941.1411 of the Revised Code.
(TT) "Electronic monitoring" means monitoring through the use
of an electronic monitoring device.
(UU) "Electronic monitoring device" means any of the
following:
(1) Any device that can be operated by electrical or battery
power and that conforms with all of the following:
(a) The device has a transmitter that can be attached to a
person, that will transmit a specified signal to a receiver of the
type described in division (UU)(1)(b) of this section if the
transmitter is removed from the person, turned off, or altered in
any manner without prior court approval in relation to electronic
monitoring or without prior approval of the department of
rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with, that can transmit continuously and
periodically a signal to that receiver when the person is within a
specified distance from the receiver, and that can transmit an
appropriate signal to that receiver if the person to whom it is
attached travels a specified distance from that receiver.
(b) The device has a receiver that can receive continuously
the signals transmitted by a transmitter of the type described in
division (UU)(1)(a) of this section, can transmit continuously
those signals by a wireless or landline telephone connection to a
central monitoring computer of the type described in division
(UU)(1)(c) of this section, and can transmit continuously an
appropriate signal to that central monitoring computer if the
device has been turned off or altered without prior court approval
or otherwise tampered with. The device is designed specifically
for use in electronic monitoring, is not a converted wireless
phone or another tracking device that is clearly not designed for
electronic monitoring, and provides a means of text-based or voice
communication with the person.
(c) The device has a central monitoring computer that can
receive continuously the signals transmitted by a wireless or
landline telephone connection by a receiver of the type described
in division (UU)(1)(b) of this section and can monitor
continuously the person to whom an electronic monitoring device of
the type described in division (UU)(1)(a) of this section is
attached.
(2) Any device that is not a device of the type described in
division (UU)(1) of this section and that conforms with all of the
following:
(a) The device includes a transmitter and receiver that can
monitor and determine the location of a subject person at any
time, or at a designated point in time, through the use of a
central monitoring computer or through other electronic means.
(b) The device includes a transmitter and receiver that can
determine at any time, or at a designated point in time, through
the use of a central monitoring computer or other electronic means
the fact that the transmitter is turned off or altered in any
manner without prior approval of the court in relation to the
electronic monitoring or without prior approval of the department
of rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with.
(3) Any type of technology that can adequately track or
determine the location of a subject person at any time and that is
approved by the director of rehabilitation and correction,
including, but not limited to, any satellite technology, voice
tracking system, or retinal scanning system that is so approved.
(VV) "Non-economic loss" means nonpecuniary harm suffered by
a victim of an offense as a result of or related to the commission
of the offense, including, but not limited to, pain and suffering;
loss of society, consortium, companionship, care, assistance,
attention, protection, advice, guidance, counsel, instruction,
training, or education; mental anguish; and any other intangible
loss.
(WW) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(XX) "Continuous alcohol monitoring" means the ability to
automatically test and periodically transmit alcohol consumption
levels and tamper attempts at least every hour, regardless of the
location of the person who is being monitored.
(YY) A person is "adjudicated a sexually violent predator" if
the person is convicted of or pleads guilty to a violent sex
offense and also is convicted of or pleads guilty to a sexually
violent predator specification that was included in the
indictment, count in the indictment, or information charging that
violent sex offense or if the person is convicted of or pleads
guilty to a designated homicide, assault, or kidnapping offense
and also is convicted of or pleads guilty to both a sexual
motivation specification and a sexually violent predator
specification that were included in the indictment, count in the
indictment, or information charging that designated homicide,
assault, or kidnapping offense.
(ZZ) An offense is "committed in proximity to a school" if
the offender commits the offense in a school safety zone or within
five hundred feet of any school building or the boundaries of any
school premises, regardless of whether the offender knows the
offense is being committed in a school safety zone or within five
hundred feet of any school building or the boundaries of any
school premises.
(AAA) "Human trafficking" means a scheme or plan to which all
of the following apply:
(1) Its object is to compel a victim or victims to engage in
sexual activity for hire, to engage in a performance that is
obscene, sexually oriented, or nudity oriented, or to be a model
or participant in the production of material that is obscene,
sexually oriented, or nudity oriented.
(2) It involves at least two felony offenses, whether or not
there has been a prior conviction for any of the felony offenses,
to which all of the following apply:
(a) Each of the felony offenses is a violation of section
2905.01, 2905.02, 2907.21, 2907.22, or 2923.32, division (A)(1) or
(2) of section 2907.323, or division (B)(1), (2), (3), (4), or (5)
of section 2919.22 of the Revised Code or is a violation of a law
of any state other than this state that is substantially similar
to any of the sections or divisions of the Revised Code identified
in this division.
(b) At least one of the felony offenses was committed in this
state.
(c) The felony offenses are related to the same scheme or
plan, are not isolated instances, and are not so closely related
to each other and connected in time and place that they constitute
a single event or transaction.
(BBB) "Material," "nudity," "obscene," "performance," and
"sexual activity" have the same meanings as in section 2907.01 of
the Revised Code.
(CCC) "Material that is obscene, sexually oriented, or nudity
oriented" means any material that is obscene, that shows a person
participating or engaging in sexual activity, masturbation, or
bestiality, or that shows a person in a state of nudity.
(DDD) "Performance that is obscene, sexually oriented, or
nudity oriented" means any performance that is obscene, that shows
a person participating or engaging in sexual activity,
masturbation, or bestiality, or that shows a person in a state of
nudity.
Sec. 2929.13. (A) Except as provided in division (E), (F),
or (G) of this section and unless a specific sanction is required
to be imposed or is precluded from being imposed pursuant to law,
a court that imposes a sentence upon an offender for a felony may
impose any sanction or combination of sanctions on the offender
that are provided in sections 2929.14 to 2929.18 of the Revised
Code. The sentence shall not impose an unnecessary burden on state
or local government resources.
If the offender is eligible to be sentenced to community
control sanctions, the court shall consider the appropriateness of
imposing a financial sanction pursuant to section 2929.18 of the
Revised Code or a sanction of community service pursuant to
section 2929.17 of the Revised Code as the sole sanction for the
offense. Except as otherwise provided in this division, if the
court is required to impose a mandatory prison term for the
offense for which sentence is being imposed, the court also 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 is a violation of division (A)(7), (8), or
(9) of section 2907.03 of the Revised Code that was committed on
or after August 3, 2006, and prior to the effective date of this
amendment, or the offense is a violation of any other division of
section 2907.03 of the Revised Code that 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 (D)(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 felony violation of division (A)(7), (8), or (9) of
section 2907.03 or of division (A)(6), (7), or (8) of section
2907.06 of the Revised Code, if division (B)(2) or (3) of section
2907.03 or division (C) of section 2907.06 of the Revised Code
requires the imposition of a prison term;
(20) A felony violation of section 2907.04, 2907.05, 2907.07,
or 2919.22 of the Revised Code, if the victim was in any
circumstance specified in division (A)(1), (2), or (3) of section
2941.1424 of the Revised Code and the offender had the type of
authority or disciplinary control specified in that division
relative to the victim, with respect to the three-year mandatory
prison term imposed pursuant to division (D)(9) 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 abuse offense" has the
same meaning as in section 2925.01 of the Revised Code.
(L) At the time of sentencing an offender for any sexually
oriented offense, if the offender is a tier III sex
offender/child-victim offender relative to that offense and the
offender does not serve a prison term or jail term, the court may
require that the offender be monitored by means of a global
positioning device. If the court requires such monitoring, the
cost of monitoring shall be borne by the offender. If the offender
is indigent, the cost of compliance shall be paid by the crime
victims reparations fund.
Sec. 2929.14. (A) Except as provided in division (C),
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (D)(7), (D)(8),
(D)(9), (G), (I), (J), or (L) of this section, in division (C) of
section 2907.06 of the Revised Code, 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), (G), (I), (J), or
(L) of this section, in section 2907.02, 2907.03, 2907.05,
2907.06, 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), (D)(9),
(G), or (L) of this section, in section 2907.03, 2907.06, or
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
felony violation of section 2907.04, 2907.05, 2907.07, 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 was in any circumstance
specified in division (A)(1), (2), or (3) of that section and that
the offender had the type of authority or disciplinary control
specified in that division relative to the victim, the court shall
impose upon the offender a mandatory prison term of three years.
If a court imposes a prison term on an offender under division
(D)(9) 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)(9) 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.
(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.
(e) An offender shall serve a mandatory prison term imposed
pursuant to division (D)(9) of this section consecutively to any
other mandatory prison term imposed under that division,
consecutively to and prior to any prison term imposed for the
underlying felony under division (A) or (D)(2) or (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) of
section 2929.02 of the Revised Code requires the court to sentence
the offender pursuant to section 2971.03 of the Revised Code.
(H) If a person who has been convicted of or pleaded guilty
to a felony is sentenced to a prison term or term of imprisonment
under this section, sections 2929.02 to 2929.06 of the Revised
Code, section 2929.142 of the Revised Code, section 2971.03 of the
Revised Code, or any other provision of law, section 5120.163 of
the Revised Code applies regarding the person while the person is
confined in a state correctional institution.
(I) If an offender who is convicted of or pleads guilty to a
felony that is an offense of violence also is convicted of or
pleads guilty to a specification of the type described in section
2941.142 of the Revised Code that charges the offender with having
committed the felony while participating in a criminal gang, the
court shall impose upon the offender an additional prison term of
one, two, or three years.
(J)(1) If an offender who is convicted of or pleads guilty to
aggravated murder, murder, or a felony of the first, second, or
third degree that is an offense of violence also is convicted of
or pleads guilty to a specification of the type described in
section 2941.143 of the Revised Code that charges the offender
with having committed the offense in a school safety zone or
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The
offender shall serve the additional two years consecutively to and
prior to the prison term imposed for the underlying offense.
(2)(a) If an offender is convicted of or pleads guilty to a
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25
of the Revised Code and to a specification of the type described
in section 2941.1421 of the Revised Code and if the court imposes
a prison term on the offender for the felony violation, the court
may impose upon the offender an additional prison term as follows:
(i) Subject to division (J)(2)(a)(ii) of this section, an
additional prison term of one, two, three, four, five, or six
months;
(ii) If the offender previously has been convicted of or
pleaded guilty to one or more felony or misdemeanor violations of
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the
Revised Code and also was convicted of or pleaded guilty to a
specification of the type described in section 2941.1421 of the
Revised Code regarding one or more of those violations, an
additional prison term of one, two, three, four, five, six, seven,
eight, nine, ten, eleven, or twelve months.
(b) In lieu of imposing an additional prison term under
division (J)(2)(a) of this section, the court may directly impose
on the offender a sanction that requires the offender to wear a
real-time processing, continual tracking electronic monitoring
device during the period of time specified by the court. The
period of time specified by the court shall equal the duration of
an additional prison term that the court could have imposed upon
the offender under division (J)(2)(a) of this section. A sanction
imposed under this division shall commence on the date specified
by the court, provided that the sanction shall not commence until
after the offender has served the prison term imposed for the
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25
of the Revised Code and any residential sanction imposed for the
violation under section 2929.16 of the Revised Code. A sanction
imposed under this division shall be considered to be a community
control sanction for purposes of section 2929.15 of the Revised
Code, and all provisions of the Revised Code that pertain to
community control sanctions shall apply to a sanction imposed
under this division, except to the extent that they would by their
nature be clearly inapplicable. The offender shall pay all costs
associated with a sanction imposed under this division, including
the cost of the use of the monitoring device.
(K) At the time of sentencing, the court may recommend the
offender for placement in a program of shock incarceration under
section 5120.031 of the Revised Code or for placement in an
intensive program prison under section 5120.032 of the Revised
Code, disapprove placement of the offender in a program of shock
incarceration or an intensive program prison of that nature, or
make no recommendation on placement of the offender. In no case
shall the department of rehabilitation and correction place the
offender in a program or prison of that nature unless the
department determines as specified in section 5120.031 or 5120.032
of the Revised Code, whichever is applicable, that the offender is
eligible for the placement.
If the court disapproves placement of the offender in a
program or prison of that nature, the department of rehabilitation
and correction shall not place the offender in any program of
shock incarceration or intensive program prison.
If the court recommends placement of the offender in a
program of shock incarceration or in an intensive program prison,
and if the offender is subsequently placed in the recommended
program or prison, the department shall notify the court of the
placement and shall include with the notice a brief description of
the placement.
If the court recommends placement of the offender in a
program of shock incarceration or in an intensive program prison
and the department does not subsequently place the offender in the
recommended program or prison, the department shall send a notice
to the court indicating why the offender was not placed in the
recommended program or prison.
If the court does not make a recommendation under this
division with respect to an offender and if the department
determines as specified in section 5120.031 or 5120.032 of the
Revised Code, whichever is applicable, that the offender is
eligible for placement in a program or prison of that nature, the
department shall screen the offender and determine if there is an
available program of shock incarceration or an intensive program
prison for which the offender is suited. If there is an available
program of shock incarceration or an intensive program prison for
which the offender is suited, the department shall notify the
court of the proposed placement of the offender as specified in
section 5120.031 or 5120.032 of the Revised Code and shall include
with the notice a brief description of the placement. The court
shall have ten days from receipt of the notice to disapprove the
placement.
(L) If a person is convicted of or pleads guilty to
aggravated vehicular homicide in violation of division (A)(1) of
section 2903.06 of the Revised Code and division (B)(2)(c) of that
section applies, the person shall be sentenced pursuant to section
2929.142 of the Revised Code.
Sec. 2929.22. (A) Unless a mandatory jail term is required
to be imposed by section 2929.23 or 2929.24, 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 determining the appropriate sentence for a
misdemeanor, in addition to complying with division (B)(1) 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.
Sec. 2929.24. (A) Except as provided in section 2929.22 or
2929.23 of the Revised Code or division (E) or, (F), (G), or (H)
of this section and unless another term is required or authorized
pursuant to law, if the sentencing court imposing a sentence upon
an offender for a misdemeanor elects or is required to impose a
jail term on the offender pursuant to this chapter, the court
shall impose a definite jail term that shall be one of the
following:
(1) For a misdemeanor of the first degree, not more than one
hundred eighty days;
(2) For a misdemeanor of the second degree, not more than
ninety days;
(3) For a misdemeanor of the third degree, not more than
sixty days;
(4) For a misdemeanor of the fourth degree, not more than
thirty days.
(B)(1) A court that sentences an offender to a jail term
under this section may permit the offender to serve the sentence
in intermittent confinement or may authorize a limited release of
the offender as provided in division (B) of section 2929.26 of the
Revised Code. The court retains jurisdiction over every offender
sentenced to jail to modify the jail sentence imposed at any time,
but the court shall not reduce any mandatory jail term.
(2)(a) If a prosecutor, as defined in section 2935.01 of the
Revised Code, has filed a notice with the court that the
prosecutor wants to be notified about a particular case and if the
court is considering modifying the jail sentence of the offender
in that case, the court shall notify the prosecutor that the court
is considering modifying the jail sentence of the offender in that
case. The prosecutor may request a hearing regarding the court's
consideration of modifying the jail sentence of the offender in
that case, and, if the prosecutor requests a hearing, the court
shall notify the eligible offender of the hearing.
(b) If the prosecutor requests a hearing regarding the
court's consideration of modifying the jail sentence of the
offender in that case, the court shall hold the hearing before
considering whether or not to release the offender from the
offender's jail sentence.
(C) If a court sentences an offender to a jail term under
this section and the court assigns the offender to a county jail
that has established a county jail industry program pursuant to
section 5147.30 of the Revised Code, the court shall specify, as
part of the sentence, whether the offender may be considered for
participation in the program. During the offender's term in the
county jail, the court retains jurisdiction to modify its
specification regarding the offender's participation in the county
jail industry program.
(D) If a person is sentenced to a jail term pursuant to this
section, the court may impose as part of the sentence pursuant to
section 2929.28 of the Revised Code a reimbursement sanction, and,
if the local detention facility in which the term is to be served
is covered by a policy adopted pursuant to section 307.93, 341.14,
341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or
2947.19 of the Revised Code and section 2929.37 of the Revised
Code, both of the following apply:
(1) The court shall specify both of the following as part of
the sentence:
(a) If the person is presented with an itemized bill pursuant
to section 2929.37 of the Revised Code for payment of the costs of
confinement, the person is required to pay the bill in accordance
with that section.
(b) If the person does not dispute the bill described in
division (D)(1)(a) of this section and does not pay the bill by
the times specified in section 2929.37 of the Revised Code, the
clerk of the court may issue a certificate of judgment against the
person as described in that section.
(2) The sentence automatically includes any certificate of
judgment issued as described in division (D)(1)(b) of this
section.
(E) If an offender who is convicted of or pleads guilty to a
violation of division (B) of section 4511.19 of the Revised Code
also is convicted of or also pleads guilty to a specification of
the type described in section 2941.1416 of the Revised Code and if
the court imposes a jail term on the offender for the underlying
offense, the court shall impose upon the offender an additional
definite jail term of not more than six months. The additional
jail term shall not be reduced pursuant to any provision of the
Revised Code. The offender shall serve the additional jail term
consecutively to and prior to the jail term imposed for the
underlying offense and consecutively to any other mandatory term
imposed in relation to the offense.
(F)(1) If an offender is convicted of or pleads guilty to a
misdemeanor violation of section 2907.23, 2907.24, 2907.241, or
2907.25 of the Revised Code and to a specification of the type
described in section 2941.1421 of the Revised Code and if the
court imposes a jail term on the offender for the misdemeanor
violation, the court may impose upon the offender an additional
definite jail term as follows:
(a) Subject to division (F)(1)(b) of this section, an
additional definite jail term of not more than sixty days;
(b) If the offender previously has been convicted of or
pleaded guilty to one or more misdemeanor or felony violations of
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the
Revised Code and also was convicted of or pleaded guilty to a
specification of the type described in section 2941.1421 of the
Revised Code regarding one or more of those violations, an
additional definite jail term of not more than one hundred twenty
days.
(2) In lieu of imposing an additional definite jail term
under division (F)(1) of this section, the court may directly
impose on the offender a sanction that requires the offender to
wear a real-time processing, continual tracking electronic
monitoring device during the period of time specified by the
court. The period of time specified by the court shall equal the
duration of an additional jail term that the court could have
imposed upon the offender under division (F)(1) of this section. A
sanction imposed under this division shall commence on the date
specified by the court, provided that the sanction shall not
commence until after the offender has served the jail term imposed
for the misdemeanor violation of section 2907.23, 2907.24,
2907.241, or 2907.25 of the Revised Code and any residential
sanction imposed for the violation under section 2929.26 of the
Revised Code. A sanction imposed under this division shall be
considered to be a community control sanction for purposes of
section 2929.25 of the Revised Code, and all provisions of the
Revised Code that pertain to community control sanctions shall
apply to a sanction imposed under this division, except to the
extent that they would by their nature be clearly inapplicable.
The offender shall pay all costs associated with a sanction
imposed under this division, including the cost of the use of the
monitoring device.
(G) If an offender is convicted of or pleads guilty to a
misdemeanor violation of section 2903.13 of the Revised Code and
also is convicted of or pleads guilty to a specification of the
type described in section 2941.1423 of the Revised Code that
charges that the victim of the violation was a woman whom the
offender knew was pregnant at the time of the violation, the court
shall impose on the offender a mandatory jail term that is a
definite term of at least thirty days.
(H) If an offender is convicted of or pleads guilty to a
misdemeanor violation of section 2907.04 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 was in any circumstance specified in
division (A)(1), (2), or (3) of that section and that the offender
had the type of authority or disciplinary control specified in
that division relative to the victim, the court shall impose upon
the offender a mandatory jail term of one year. If a court imposes
a jail term on an offender under this division, the jail term
shall not be reduced pursuant to any provision of the Revised
Code. The offender shall serve the mandatory jail term so imposed
consecutively to and prior to any jail term imposed for the
underlying felony and consecutively to any other mandatory term
imposed in relation to the offense.
Sec. 2941.1424. (A) Imposition of a mandatory prison term
under division (D)(9) of section 2929.14 of the Revised Code or a
mandatory jail term under division (H) of section 2929.24 of the
Revised Code is precluded unless the offender is convicted of or
pleads guilty to a violation of section 2907.04, 2907.05, 2907.07,
or 2919.22 of the Revised Code and unless the indictment, count in
the indictment, or information charging the offense specifies one
of the following:
(1) That the offender is a teacher, administrator, coach, or
other person in authority employed by or serving in a school for
which the state board of education prescribed minimum standards
pursuant to division (D) of section 3301.07 of the Revised Code,
the victim is enrolled in or attends that school, and the offender
is not enrolled in and does not attend that school;
(2) That the victim is a minor, the offender is a teacher,
administrator, coach, or other person in authority employed by or
serving in an institution of higher education, and the victim is
enrolled in or attends that institution;
(3) That the victim is a minor, and the offender is the
victim's athletic or other type of coach, is the victim's
instructor, is the leader of a scouting troop of which the victim
is a member, or is a person with temporary or occasional
disciplinary control over the victim.
(B) The specification required under division (A) of this
section shall be stated at the end of the body of the indictment,
count, or information and shall be stated in substantially the
following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The
Grand Jurors (or insert the person's or prosecuting attorney's
name when appropriate) further find and specify that (set forth
the actual language of one or more of the circumstances described
in division (A)(1), (2), or (3) of this section, as applicable)."
Section 2. That existing sections 2907.03, 2907.06, 2929.01,
2929.13, 2929.14, 2929.22, and 2929.24 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 section 2929.14 of the Revised
Code, as presented in this act, is a composite of the section as
amended by both Am. Sub. H.B. 130 and Am. Sub. H.B. 280 of the
127th General Assembly and 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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