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S. B. No. 330 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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A BILL
To amend section 2929.22 of the Revised Code to
require a court in determining the sentence for a
misdemeanor offense to consider emotional, mental,
or physical conditions traceable to an offender's
military service that contributed to the
offender's commission of the offense and to
consider whether the offender has provided
military service in a clearly exceptional manner.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2929.22 of the Revised Code be
amended to read as follows:
Sec. 2929.22. (A) Unless a mandatory jail term is required
to be imposed by division (G) of section 1547.99, division (B) of
section 4510.14, division (G) of section 4511.19 of the Revised
Code, or any other provision of the Revised Code a court that
imposes a sentence under this chapter upon an offender for a
misdemeanor or minor misdemeanor has discretion to determine the
most effective way to achieve the purposes and principles of
sentencing set forth in section 2929.21 of the Revised Code.
Unless a specific sanction is required to be imposed or is
precluded from being imposed by the section setting forth an
offense or the penalty for an offense or by any provision of
sections 2929.23 to 2929.28 of the Revised Code, a court that
imposes a sentence upon an offender for a misdemeanor may impose
on the offender any sanction or combination of sanctions under
sections 2929.24 to 2929.28 of the Revised Code. The court shall
not impose a sentence that imposes an unnecessary burden on local
government resources.
(B)(1) In determining the appropriate sentence for a
misdemeanor, the court shall consider all of the following
factors:
(a) The nature and circumstances of the offense or offenses;
(b) Whether the circumstances regarding the offender and the
offense or offenses indicate that the offender has a history of
persistent criminal activity and that the offender's character and
condition reveal a substantial risk that the offender will commit
another offense;
(c) Whether the circumstances regarding the offender and the
offense or offenses indicate that the offender's history,
character, and condition reveal a substantial risk that the
offender will be a danger to others and that the offender's
conduct has been characterized by a pattern of repetitive,
compulsive, or aggressive behavior with heedless indifference to
the consequences;
(d) Whether the victim's youth, age, disability, or other
factor made the victim particularly vulnerable to the offense or
made the impact of the offense more serious;
(e) Whether the offender is likely to commit future crimes in
general, in addition to the circumstances described in divisions
(B)(1)(b) and (c) of this section;
(f) Whether the offender has an emotional, mental, or
physical condition that is traceable to the offender's service in
the armed forces of the United States and that was a contributing
factor in the offender's commission of the offense or offenses;
(g) Whether the offender has rendered service in the armed
forces of the United States in a clearly exceptional manner.
(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.
Section 2. That existing section 2929.22 of the Revised Code
is hereby repealed.
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