The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. H. B. No. 349 As Reported by the House Judiciary CommitteeAs Reported by the House Judiciary Committee
130th General Assembly | Regular Session | 2013-2014 |
| |
A BILL
To amend sections 2743.51, 2743.60, 2743.65, 2929.01,
2929.13, and 2929.14 and to enact sections
2743.611 and 2941.1424 of the Revised Code to
require an additional definite term of
imprisonment of 5 to 10 years for an offender who
is convicted of or pleads guilty to a felony
offense of violence if the offender is convicted
of or pleads guilty to a specification that the
victim suffered permanent disabling harm and to
establish a procedure for the Attorney General to
award additional reparations to a claimant if a
victim suffered catastrophic disabling harm from
the injury sustained due to the criminal conduct
giving rise to the claim.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2743.51, 2743.60, 2743.65, 2929.01,
2929.13, and 2929.14 be amended and sections 2743.611 and
2941.1424 of the Revised Code be enacted to read as follows:
Sec. 2743.51. As used in sections 2743.51 to 2743.72 of the
Revised Code:
(A) "Claimant" means both of the following categories of
persons:
(1) Any of the following persons who claim an award of
reparations under sections 2743.51 to 2743.72 of the Revised Code:
(a) A victim who was one of the following at the time of the
criminally injurious conduct:
(i) A resident of the United States;
(ii) A resident of a foreign country the laws of which permit
residents of this state to recover compensation as victims of
offenses committed in that country.
(b) A dependent of a deceased victim who is described in
division (A)(1)(a) of this section;
(c) A third person, other than a collateral source, who
legally assumes or voluntarily pays the obligations of a victim,
or of a dependent of a victim, who is described in division
(A)(1)(a) of this section, which obligations are incurred as a
result of the criminally injurious conduct that is the subject of
the claim and may include, but are not limited to, medical or
burial expenses;
(d) A person who is authorized to act on behalf of any person
who is described in division (A)(1)(a), (b), or (c) of this
section;
(e) The estate of a deceased victim who is described in
division (A)(1)(a) of this section.
(2) Any of the following persons who claim an award of
reparations under sections 2743.51 to 2743.72 of the Revised Code:
(a) A victim who had a permanent place of residence within
this state at the time of the criminally injurious conduct and
who, at the time of the criminally injurious conduct, complied
with any one of the following:
(i) Had a permanent place of employment in this state;
(ii) Was a member of the regular armed forces of the United
States or of the United States coast guard or was a full-time
member of the Ohio organized militia or of the United States army
reserve, naval reserve, or air force reserve;
(iii) Was retired and receiving social security or any other
retirement income;
(iv) Was sixty years of age or older;
(v) Was temporarily in another state for the purpose of
receiving medical treatment;
(vi) Was temporarily in another state for the purpose of
performing employment-related duties required by an employer
located within this state as an express condition of employment or
employee benefits;
(vii) Was temporarily in another state for the purpose of
receiving occupational, vocational, or other job-related training
or instruction required by an employer located within this state
as an express condition of employment or employee benefits;
(viii) Was a full-time student at an academic institution,
college, or university located in another state;
(ix) Had not departed the geographical boundaries of this
state for a period exceeding thirty days or with the intention of
becoming a citizen of another state or establishing a permanent
place of residence in another state.
(b) A dependent of a deceased victim who is described in
division (A)(2)(a) of this section;
(c) A third person, other than a collateral source, who
legally assumes or voluntarily pays the obligations of a victim,
or of a dependent of a victim, who is described in division
(A)(2)(a) of this section, which obligations are incurred as a
result of the criminally injurious conduct that is the subject of
the claim and may include, but are not limited to, medical or
burial expenses;
(d) A person who is authorized to act on behalf of any person
who is described in division (A)(2)(a), (b), or (c) of this
section;
(e) The estate of a deceased victim who is described in
division (A)(2)(a) of this section.
(B) "Collateral source" means a source of benefits or
advantages for economic loss otherwise reparable that the victim
or claimant has received, or that is readily available to the
victim or claimant, from any of the following sources:
(2) The government of the United States or any of its
agencies, a state or any of its political subdivisions, or an
instrumentality of two or more states, unless the law providing
for the benefits or advantages makes them excess or secondary to
benefits under sections 2743.51 to 2743.72 of the Revised Code;
(3) Social security, medicare, and medicaid;
(4) State-required, temporary, nonoccupational disability
insurance;
(5) Workers' compensation;
(6) Wage continuation programs of any employer;
(7) Proceeds of a contract of insurance payable to the victim
for loss that the victim sustained because of the criminally
injurious conduct;
(8) A contract providing prepaid hospital and other health
care services, or benefits for disability;
(9) That portion of the proceeds of all contracts of
insurance payable to the claimant on account of the death of the
victim that exceeds fifty thousand dollars;
(10) Any compensation recovered or recoverable under the laws
of another state, district, territory, or foreign country because
the victim was the victim of an offense committed in that state,
district, territory, or country.
"Collateral source" does not include any money, or the
monetary value of any property, that is subject to sections
2969.01 to 2969.06 of the Revised Code or that is received as a
benefit from the Ohio public safety officers death benefit fund
created by section 742.62 of the Revised Code.
(C) "Criminally injurious conduct" means one of the
following:
(1) For the purposes of any person described in division
(A)(1) of this section, any conduct that occurs or is attempted in
this state; poses a substantial threat of personal injury or
death; and is punishable by fine, imprisonment, or death, or would
be so punishable but for the fact that the person engaging in the
conduct lacked capacity to commit the crime under the laws of this
state. Criminally injurious conduct does not include conduct
arising out of the ownership, maintenance, or use of a motor
vehicle, except when any of the following applies:
(a) The person engaging in the conduct intended to cause
personal injury or death;
(b) The person engaging in the conduct was using the vehicle
to flee immediately after committing a felony or an act that would
constitute a felony but for the fact that the person engaging in
the conduct lacked the capacity to commit the felony under the
laws of this state;
(c) The person engaging in the conduct was using the vehicle
in a manner that constitutes an OVI violation;
(d) The conduct occurred on or after July 25, 1990, and the
person engaging in the conduct was using the vehicle in a manner
that constitutes a violation of section 2903.08 of the Revised
Code;
(e) The person engaging in the conduct acted in a manner that
caused serious physical harm to a person and that constituted a
violation of section 4549.02 or 4549.021 of the Revised Code.
(2) For the purposes of any person described in division
(A)(2) of this section, any conduct that occurs or is attempted in
another state, district, territory, or foreign country; poses a
substantial threat of personal injury or death; and is punishable
by fine, imprisonment, or death, or would be so punishable but for
the fact that the person engaging in the conduct lacked capacity
to commit the crime under the laws of the state, district,
territory, or foreign country in which the conduct occurred or was
attempted. Criminally injurious conduct does not include conduct
arising out of the ownership, maintenance, or use of a motor
vehicle, except when any of the following applies:
(a) The person engaging in the conduct intended to cause
personal injury or death;
(b) The person engaging in the conduct was using the vehicle
to flee immediately after committing a felony or an act that would
constitute a felony but for the fact that the person engaging in
the conduct lacked the capacity to commit the felony under the
laws of the state, district, territory, or foreign country in
which the conduct occurred or was attempted;
(c) The person engaging in the conduct was using the vehicle
in a manner that constitutes an OVI violation;
(d) The conduct occurred on or after July 25, 1990, the
person engaging in the conduct was using the vehicle in a manner
that constitutes a violation of any law of the state, district,
territory, or foreign country in which the conduct occurred, and
that law is substantially similar to a violation of section
2903.08 of the Revised Code;
(e) The person engaging in the conduct acted in a manner that
caused serious physical harm to a person and that constituted a
violation of any law of the state, district, territory, or foreign
country in which the conduct occurred, and that law is
substantially similar to section 4549.02 or 4549.021 of the
Revised Code.
(3) For the purposes of any person described in division
(A)(1) or (2) of this section, terrorism that occurs within or
outside the territorial jurisdiction of the United States.
(D) "Dependent" means an individual wholly or partially
dependent upon the victim for care and support, and includes a
child of the victim born after the victim's death.
(E) "Economic loss" means economic detriment consisting only
of allowable expense, work loss, funeral expense, unemployment
benefits loss, replacement services loss, cost of crime scene
cleanup, and cost of evidence replacement. If criminally injurious
conduct causes death, economic loss includes a dependent's
economic loss and a dependent's replacement services loss.
Noneconomic detriment is not economic loss; however, economic loss
may be caused by pain and suffering or physical impairment.
(F)(1) "Allowable expense" means reasonable charges incurred
for reasonably needed products, services, and accommodations,
including those for medical care, rehabilitation, rehabilitative
occupational training, and other remedial treatment and care and
including replacement costs for hearing aids; dentures, retainers,
and other dental appliances; canes, walkers, and other mobility
tools; and eyeglasses and other corrective lenses. It does not
include that portion of a charge for a room in a hospital, clinic,
convalescent home, nursing home, or any other institution engaged
in providing nursing care and related services in excess of a
reasonable and customary charge for semiprivate accommodations,
unless accommodations other than semiprivate accommodations are
medically required.
(2) An immediate family member of a victim of criminally
injurious conduct that consists of a homicide, a sexual assault,
domestic violence, or a severe and permanent incapacitating injury
resulting in paraplegia or a similar life-altering condition, who
requires psychiatric care or counseling as a result of the
criminally injurious conduct, may be reimbursed for that care or
counseling as an allowable expense through the victim's
application. The cumulative allowable expense for care or
counseling of that nature shall not exceed two thousand five
hundred dollars for each immediate family member of a victim of
that type and seven thousand five hundred dollars in the aggregate
for all immediate family members of a victim of that type.
(3) A family member of a victim who died as a proximate
result of criminally injurious conduct may be reimbursed as an
allowable expense through the victim's application for wages lost
and travel expenses incurred in order to attend criminal justice
proceedings arising from the criminally injurious conduct. The
cumulative allowable expense for wages lost and travel expenses
incurred by a family member to attend criminal justice proceedings
shall not exceed five hundred dollars for each family member of
the victim and two thousand dollars in the aggregate for all
family members of the victim.
(4)(a) "Allowable expense" includes reasonable expenses and
fees necessary to obtain a guardian's bond pursuant to section
2109.04 of the Revised Code when the bond is required to pay an
award to a fiduciary on behalf of a minor or other incompetent.
(b) "Allowable expense" includes attorney's fees not
exceeding one thousand dollars, at a rate not exceeding one
hundred dollars per hour, incurred to successfully obtain a
restraining order, custody order, or other order to physically
separate a victim from an offender. Attorney's fees for the
services described in this division may include an amount for
reasonable travel time incurred to attend court hearings, not
exceeding three hours' round-trip for each court hearing, assessed
at a rate not exceeding thirty dollars per hour.
(G) "Work loss" means loss of income from work that the
injured person would have performed if the person had not been
injured and expenses reasonably incurred by the person to obtain
services in lieu of those the person would have performed for
income, reduced by any income from substitute work actually
performed by the person, or by income the person would have earned
in available appropriate substitute work that the person was
capable of performing but unreasonably failed to undertake.
(H) "Replacement services loss" means expenses reasonably
incurred in obtaining ordinary and necessary services in lieu of
those the injured person would have performed, not for income, but
for the benefit of the person's self or family, if the person had
not been injured.
(I) "Dependent's economic loss" means loss after a victim's
death of contributions of things of economic value to the victim's
dependents, not including services they would have received from
the victim if the victim had not suffered the fatal injury, less
expenses of the dependents avoided by reason of the victim's
death. If a minor child of a victim is adopted after the victim's
death, the minor child continues after the adoption to incur a
dependent's economic loss as a result of the victim's death. If
the surviving spouse of a victim remarries, the surviving spouse
continues after the remarriage to incur a dependent's economic
loss as a result of the victim's death.
(J) "Dependent's replacement services loss" means loss
reasonably incurred by dependents after a victim's death in
obtaining ordinary and necessary services in lieu of those the
victim would have performed for their benefit if the victim had
not suffered the fatal injury, less expenses of the dependents
avoided by reason of the victim's death and not subtracted in
calculating the dependent's economic loss. If a minor child of a
victim is adopted after the victim's death, the minor child
continues after the adoption to incur a dependent's replacement
services loss as a result of the victim's death. If the surviving
spouse of a victim remarries, the surviving spouse continues after
the remarriage to incur a dependent's replacement services loss as
a result of the victim's death.
(K) "Noneconomic detriment" means pain, suffering,
inconvenience, physical impairment, or other nonpecuniary damage.
(L) "Victim" means a person who suffers personal injury or
death as a result of any of the following:
(1) Criminally injurious conduct;
(2) The good faith effort of any person to prevent criminally
injurious conduct;
(3) The good faith effort of any person to apprehend a person
suspected of engaging in criminally injurious conduct.
(M) "Contributory misconduct" means any conduct of the
claimant or of the victim through whom the claimant claims an
award of reparations that is unlawful or intentionally tortious
and that, without regard to the conduct's proximity in time or
space to the criminally injurious conduct, has a causal
relationship to the criminally injurious conduct that is the basis
of the claim.
(N)(1) "Funeral expense" means any reasonable charges that
are not in excess of seven thousand five hundred dollars per
funeral and that are incurred for expenses directly related to a
victim's funeral, cremation, or burial and any wages lost or
travel expenses incurred by a family member of a victim in order
to attend the victim's funeral, cremation, or burial.
(2) An award for funeral expenses shall be applied first to
expenses directly related to the victim's funeral, cremation, or
burial. An award for wages lost or travel expenses incurred by a
family member of the victim shall not exceed five hundred dollars
for each family member and shall not exceed in the aggregate the
difference between seven thousand five hundred dollars and
expenses that are reimbursed by the program and that are directly
related to the victim's funeral, cremation, or burial.
(O) "Unemployment benefits loss" means a loss of unemployment
benefits pursuant to Chapter 4141. of the Revised Code when the
loss arises solely from the inability of a victim to meet the able
to work, available for suitable work, or the actively seeking
suitable work requirements of division (A)(4)(a) of section
4141.29 of the Revised Code.
(P) "OVI violation" means any of the following:
(1) A violation of section 4511.19 of the Revised Code, of
any municipal ordinance prohibiting the operation of a vehicle
while under the influence of alcohol, a drug of abuse, or a
combination of them, or of any municipal ordinance prohibiting the
operation of a vehicle with a prohibited concentration of alcohol,
a controlled substance, or a metabolite of a controlled substance
in the whole blood, blood serum or plasma, breath, or urine;
(2) A violation of division (A)(1) of section 2903.06 of the
Revised Code;
(3) A violation of division (A)(2), (3), or (4) of section
2903.06 of the Revised Code or of a municipal ordinance
substantially similar to any of those divisions, if the offender
was under the influence of alcohol, a drug of abuse, or a
combination of them, at the time of the commission of the offense;
(4) For purposes of any person described in division (A)(2)
of this section, a violation of any law of the state, district,
territory, or foreign country in which the criminally injurious
conduct occurred, if that law is substantially similar to a
violation described in division (P)(1) or (2) of this section or
if that law is substantially similar to a violation described in
division (P)(3) of this section and the offender was under the
influence of alcohol, a drug of abuse, or a combination of them,
at the time of the commission of the offense.
(Q) "Pendency of the claim" for an original reparations
application or supplemental reparations application means the
period of time from the date the criminally injurious conduct upon
which the application is based occurred until the date a final
decision, order, or judgment concerning that original reparations
application or supplemental reparations application is issued.
(R) "Terrorism" means any activity to which all of the
following apply:
(1) The activity involves a violent act or an act that is
dangerous to human life.
(2) The act described in division (R)(1) of this section is
committed within the territorial jurisdiction of the United States
and is a violation of the criminal laws of the United States, this
state, or any other state or the act described in division (R)(1)
of this section is committed outside the territorial jurisdiction
of the United States and would be a violation of the criminal laws
of the United States, this state, or any other state if committed
within the territorial jurisdiction of the United States.
(3) The activity appears to be intended to do any of the
following:
(a) Intimidate or coerce a civilian population;
(b) Influence the policy of any government by intimidation or
coercion;
(c) Affect the conduct of any government by assassination or
kidnapping.
(4) The activity occurs primarily outside the territorial
jurisdiction of the United States or transcends the national
boundaries of the United States in terms of the means by which the
activity is accomplished, the person or persons that the activity
appears intended to intimidate or coerce, or the area or locale in
which the perpetrator or perpetrators of the activity operate or
seek asylum.
(S) "Transcends the national boundaries of the United States"
means occurring outside the territorial jurisdiction of the United
States in addition to occurring within the territorial
jurisdiction of the United States.
(T) "Cost of crime scene cleanup" means any of the following:
(1) The replacement cost for items of clothing removed from a
victim in order to make an assessment of possible physical harm or
to treat physical harm;
(2) Reasonable and necessary costs of cleaning the scene and
repairing, for the purpose of personal security, property damaged
at the scene where the criminally injurious conduct occurred, not
to exceed seven hundred fifty dollars in the aggregate per claim.
(U) "Cost of evidence replacement" means costs for
replacement of property confiscated for evidentiary purposes
related to the criminally injurious conduct, not to exceed seven
hundred fifty dollars in the aggregate per claim.
(V) "Provider" means any person who provides a victim or
claimant with a product, service, or accommodations that are an
allowable expense or a funeral expense.
(W) "Immediate family member" means an individual who resided
in the same permanent household as a victim at the time of the
criminally injurious conduct and who is related to the victim by
affinity or consanguinity.
(X) "Family member" means an individual who is related to a
victim by affinity or consanguinity.
(Y) "Catastrophic disabling harm" means a severe physical
injury that causes a substantial and lifelong impairment to a
victim's ability to perform the necessary daily activities
required to care for one's self and maintain meaningful
employment.
(Z) "Catastrophic disability compensation" means compensation
for which a claimant is eligible due to catastrophic disabling
harm suffered by a victim.
Sec. 2743.60. (A) The attorney general or the court of
claims shall not make or order an award of reparations to a
claimant if the criminally injurious conduct upon which the
claimant bases a claim never was reported to a law enforcement
officer or agency.
(B)(1) The attorney general or the court of claims shall not
make or order an award of reparations to a claimant if any of the
following apply:
(a) The claimant is the offender or an accomplice of the
offender who committed the criminally injurious conduct, or the
award would unjustly benefit the offender or accomplice.
(b) Except as provided in division (B)(2) of this section,
both of the following apply:
(i) The victim was a passenger in a motor vehicle and knew or
reasonably should have known that the driver was under the
influence of alcohol, a drug of abuse, or both.
(ii) The claimant is seeking compensation for injuries
proximately caused by the driver described in division
(B)(1)(b)(i) of this section being under the influence of alcohol,
a drug of abuse, or both.
(c) Both of the following apply:
(i) The victim was under the influence of alcohol, a drug of
abuse, or both and was a passenger in a motor vehicle and, if
sober, should have reasonably known that the driver was under the
influence of alcohol, a drug of abuse, or both.
(ii) The claimant is seeking compensation for injuries
proximately caused by the driver described in division
(B)(1)(b)(i) of this section being under the influence of alcohol,
a drug of abuse, or both.
(2) Division (B)(1)(b) of this section does not apply if on
the date of the occurrence of the criminally injurious conduct,
the victim was under sixteen years of age or was at least sixteen
years of age but less than eighteen years of age and was riding
with a parent, guardian, or care-provider.
(C) The attorney general or the court of claims, upon a
finding that the claimant or victim has not fully cooperated with
appropriate law enforcement agencies, may deny a claim or
reconsider and reduce an award of reparations.
(D) The attorney general or the court of claims shall reduce
an award of reparations or deny a claim for an award of
reparations that is otherwise payable to a claimant to the extent
that the economic loss upon which the claim is based is recouped
from other persons, including collateral sources. If an award is
reduced or a claim is denied because of the expected recoupment of
all or part of the economic loss of the claimant from a collateral
source, the amount of the award or the denial of the claim shall
be conditioned upon the claimant's economic loss being recouped by
the collateral source. If the award or denial is conditioned upon
the recoupment of the claimant's economic loss from a collateral
source and it is determined that the claimant did not unreasonably
fail to present a timely claim to the collateral source and will
not receive all or part of the expected recoupment, the claim may
be reopened and an award may be made in an amount equal to the
amount of expected recoupment that it is determined the claimant
will not receive from the collateral source.
If the claimant recoups all or part of the economic loss upon
which the claim is based from any other person or entity,
including a collateral source, the attorney general may recover
pursuant to section 2743.72 of the Revised Code the part of the
award that represents the economic loss for which the claimant
received the recoupment from the other person or entity.
(E)(1) Except as otherwise provided in division (E)(2) of
this section, the attorney general or the court of claims shall
not make an award to a claimant if any of the following applies:
(a) The victim was convicted of a felony within ten years
prior to the criminally injurious conduct that gave rise to the
claim or is convicted of a felony during the pendency of the
claim.
(b) The claimant was convicted of a felony within ten years
prior to the criminally injurious conduct that gave rise to the
claim or is convicted of a felony during the pendency of the
claim.
(c) It is proved by a preponderance of the evidence that the
victim or the claimant engaged, within ten years prior to the
criminally injurious conduct that gave rise to the claim or during
the pendency of the claim, in an offense of violence, a violation
of section 2925.03 of the Revised Code, or any substantially
similar offense that also would constitute a felony under the laws
of this state, another state, or the United States.
(d) The claimant was convicted of a violation of section
2919.22 or 2919.25 of the Revised Code, or of any state law or
municipal ordinance substantially similar to either section,
within ten years prior to the criminally injurious conduct that
gave rise to the claim or during the pendency of the claim.
(e) It is proved by a preponderance of the evidence that the
victim at the time of the criminally injurious conduct that gave
rise to the claim engaged in conduct that was a felony violation
of section 2925.11 of the Revised Code or engaged in any
substantially similar conduct that would constitute a felony under
the laws of this state, another state, or the United States.
(2) The attorney general or the court of claims may make an
award to a minor dependent of a deceased victim for dependent's
economic loss or for counseling pursuant to division (F)(2) of
section 2743.51 of the Revised Code if the minor dependent is not
ineligible under division (E)(1) of this section due to the minor
dependent's criminal history and if the victim was not killed
while engaging in illegal conduct that contributed to the
criminally injurious conduct that gave rise to the claim. For
purposes of this section, the use of illegal drugs by the deceased
victim shall not be deemed to have contributed to the criminally
injurious conduct that gave rise to the claim.
(F) In determining whether to make an award of reparations
pursuant to this section, the attorney general or the court of
claims shall consider whether there was contributory misconduct by
the victim or the claimant. The attorney general or the court of
claims shall reduce an award of reparations or deny a claim for an
award of reparations to the extent it is determined to be
reasonable because of the contributory misconduct of the claimant
or the victim.
When the attorney general decides whether a claim should be
denied because of an allegation of contributory misconduct, the
burden of proof on the issue of that alleged contributory
misconduct shall be upon the claimant, if either of the following
apply:
(1) The victim was convicted of a felony more than ten years
prior to the criminally injurious conduct that is the subject of
the claim or has a record of felony arrests under the laws of this
state, another state, or the United States.
(2) There is good cause to believe that the victim engaged in
an ongoing course of criminal conduct within five years or less of
the criminally injurious conduct that is the subject of the claim.
(G) The attorney general or the court of claims shall not
make an award of reparations to a claimant if the criminally
injurious conduct that caused the injury or death that is the
subject of the claim occurred to a victim who was an adult and
while the victim, after being convicted of or pleading guilty to
an offense, was serving a sentence of imprisonment in any
detention facility, as defined in section 2921.01 of the Revised
Code.
(H) If a claimant unreasonably fails to present a claim
timely to a source of benefits or advantages that would have been
a collateral source and that would have reimbursed the claimant
for all or a portion of a particular expense, the attorney general
or the court of claims may reduce an award of reparations or deny
a claim for an award of reparations to the extent that it is
reasonable to do so.
(I)(1) Reparations payable to a victim and to all other
claimants sustaining economic loss because of injury to or the
death of that victim shall not exceed fifty thousand dollars in
the aggregate. If the attorney general or the court of claims
reduces an award under division (F) of this section, the maximum
aggregate amount of reparations payable under this division shall
be reduced proportionately to the reduction under division (F) of
this section.
(2) After a victim exhausts the maximum allowable award
amount under division (I)(1) of this section, a claimant may apply
for catastrophic disability compensation for catastrophic
disabling harm sustained by the victim as a result of criminally
injurious conduct that gave rise to the claim pursuant to section
2743.611 of the Revised Code.
(J) Nothing in this section shall be construed to prohibit an
award to a claimant whose claim is based on the claimant's being a
victim of a violation of section 2905.32 of the Revised Code if
the claimant was less than eighteen years of age when the
criminally injurious conduct occurred.
Sec. 2743.611. (A) Notwithstanding any award payable under
division (I) of section 2743.60 of the Revised Code, the attorney
general may award additional reparations to a claimant if a victim
suffers catastrophic disabling harm as a result of the injury
sustained from the criminally injurious conduct that gave rise to
the claim.
(B) The attorney general shall adopt rules under Chapter 119.
of the Revised Code that establish criteria for finding victims to
be eligible to receive catastrophic disability compensation under
this section.
(C)(1) The decision of the attorney general that the victim
is eligible for catastrophic disability compensation under this
section allows the claimant to be eligible for reparations of up
to ten thousand dollars per year. The year begins on the date the
attorney general issues the decision finding that the victim is
eligible for catastrophic disability compensation.
(2) The amount of the reparations under division (C)(1) of
this section is limited to reimbursement for reasonably necessary
medical products, medical services, and accommodations for medical
care and treatment for the catastrophic disabling harm suffered by
the victim.
(D) A victim shall exhaust the maximum allowable award amount
under division (I)(1) of section 2743.60 of the Revised Code
before the victim may apply for catastrophic disability
compensation. If the victim fails to exhaust the maximum allowable
award amount under division (I)(1) of section 2743.60 of the
Revised Code because a supplemental reparations application was
not filed within the time limit provided in section 2743.68 of the
Revised Code, the attorney general, for good cause shown, may
waive the time limit provided in that section to allow for an
application for a supplemental award to be made and the
supplemental award to be issued.
(E)(1) After a victim exhausts the maximum allowable award
amount under division (I)(1) of section 2743.60 of the Revised
Code, a claimant may apply for catastrophic disability
compensation. Upon receiving the application, the attorney general
shall determine whether the victim is eligible for an award of
catastrophic disability compensation based on the criteria for
eligibility in the rules adopted by the attorney general under
division (B) of this section.
(2) For the purpose of determining whether a victim is
eligible for catastrophic disability compensation, the attorney
general shall fully investigate the victim's injury resulting from
the criminally injurious conduct that gave rise to the claim to
determine if the victim suffered catastrophic disabling harm.
Throughout the investigation under this division, the attorney
general may utilize any investigative authority provided in
section 2743.59 of the Revised Code.
(3) Within ninety days after receiving the application under
division (E)(1) of this section, the attorney general shall issue
a decision that finds that the victim is either eligible, or not
eligible, for catastrophic disability compensation. The attorney
general may extend the ninety-day period under this division and,
if the period is so extended, shall notify the claimant in writing
of the extension and the specific reason for the extension.
(4) The decision of the attorney general under division
(E)(3) of this section shall be in writing and served upon the
claimant by certified mail to the claimant's residence, return
receipt requested. The decision shall contain both of the
following:
(a) A statement of the finding of whether the victim is
eligible, or not eligible, for catastrophic disability
compensation;
(b) A summary stating the nature of the victim's injury and
how the injury is related to the criminally injurious conduct that
gave rise to the claim.
(F)(1) If the decision of the attorney general under division
(E)(4) of this section is that the victim is eligible for
catastrophic disability compensation, the claimant may submit to
the attorney general any documentation and other evidence of
necessary medical products, medical services, and accommodations
for medical care and treatment for the catastrophic disabling harm
suffered by the victim.
(2) The decision of the attorney general that the victim is
eligible for catastrophic disability compensation is valid for one
year after the date of the decision unless the attorney general
determines, within that one-year period, that the victim is no
longer suffering from the catastrophic disabling harm sustained
from the criminally injurious conduct that gave rise to the claim.
(G)(1) After the decision of the attorney general that the
victim is eligible for catastrophic disability compensation
expires under division (F)(2) of this section, the claimant may
apply for supplemental catastrophic disability compensation. The
attorney general shall determine the victim's eligibility for
supplemental catastrophic disability compensation in the same
manner as the attorney general determines the application for
catastrophic disability compensation under division (E) of this
section.
(2) The claimant may continue to apply for supplemental
catastrophic disability compensation for as long as the victim is
suffering from the catastrophic disabling harm sustained from the
criminally injurious conduct that gave rise to the claim. The
amount of the reparations for supplemental catastrophic disability
compensation shall not exceed ten thousand dollars in any
twelve-month period following the attorney general's most recent
determination that the victim is eligible for supplemental
catastrophic disability compensation.
(3) The amount of the reparations under division (G)(2) of
this section is limited to reimbursement for reasonably necessary
medical products, medical services, and accommodations for medical
care and treatment for the catastrophic disabling harm suffered by
the victim.
(H)(1) If the attorney general denies the application under
division (E) of this section upon a finding that the victim is not
eligible for catastrophic disability compensation, the claimant
may request a hearing within thirty days of the denial of the
application. The attorney general shall schedule a hearing within
thirty days of the claimant's request.
(2) The attorney general shall appoint a hearing officer to
conduct the hearing under division (H)(1) of this section. An
administrative hearing conducted under that division is not
subject to section 121.22 of the Revised Code.
(3) The hearing officer shall issue its recommendations to
the attorney general within ten days after the date the hearing
concludes. The attorney general shall issue a decision within ten
days after receiving the hearing officer's recommendations. The
decision of the attorney general is final, and shall be served on
the claimant by certified mail to the claimant's residence, return
receipt requested.
(4) If the decision of the attorney general under division
(H)(3) of this section is that the victim is eligible for
catastrophic disability compensation, divisions (E) to (G) of this
section apply.
Sec. 2743.65. (A) The attorney general shall determine, and
the state shall pay, in accordance with this section attorney's
fees, commensurate with services rendered, to the attorney
representing a claimant under sections 2743.51 to 2743.72 of the
Revised Code. The attorney shall submit on an application form an
itemized fee bill at the rate of sixty dollars per hour upon
receipt of the final decision on the claim. Attorney's fees paid
pursuant to this section are subject to the following maximum
amounts:
(1) A maximum of seven hundred twenty dollars for claims
resolved without the filing of an appeal to the court of claims;
(2) A maximum of one thousand twenty dollars for claims in
which an appeal to the court of claims is filed plus, at the
request of an attorney whose main office is not in Franklin
county, Delaware county, Licking county, Fairfield county,
Pickaway county, Madison county, or Union county, an amount for
the attorney's travel time to attend the oral hearing before the
court of claims at the rate of thirty dollars per hour;
(3) A maximum of one thousand three hundred twenty dollars
for claims in which an appeal to the court of claims is filed
plus, at the request of an attorney whose main office is not in
Franklin county, Delaware county, Licking county, Fairfield
county, Pickaway county, Madison county, or Union county, an
amount for the attorney's travel time to attend the oral hearing
before the court at the rate of thirty dollars per hour;
(4) A maximum of seven hundred twenty dollars for a
supplemental reparations application;
(5)(4) A maximum of two hundred dollars if the claim is
denied on the basis of a claimant's or victim's conviction of a
felony offense prior to the filing of the claim. If the claimant
or victim is convicted of a felony offense during the pendency of
the claim, the two hundred dollars maximum does not apply. If the
attorney had knowledge of the claimant's or victim's felony
conviction prior to the filing of the application for the claim,
the attorney general may determine that the filing of the claim
was frivolous and may deny attorney's fees;
(5) A maximum of two hundred fifty dollars for submitting an
application for catastrophic disability compensation if the
application results in the issuance of an award;
(6) A maximum of two hundred fifty dollars for an application
for catastrophic disability compensation in which an
administrative hearing is requested and held pursuant to division
(H) of section 2743.611 of the Revised Code and the decision of
the attorney general is that an award will be issued.
(B) The attorney general may determine that an attorney be
reimbursed for fees incurred in the creation of a guardianship if
the guardianship is required in order for an individual to receive
an award of reparations, and those fees shall be reimbursed at a
rate of sixty dollars per hour.
(C)(1) The attorney general shall forward an application form
for attorney's fees to a claimant's attorney before or when the
final decision on a claim is rendered. The application form for
attorney's fees shall do all of the following:
(a) Inform the attorney of the requirements of this section;
(b) Require a verification statement comporting with the law
prohibiting falsification;
(c) Require an itemized fee statement;
(d) Require a verification statement that the claimant was
served a copy of the completed application form;
(e) Include notice that the claimant may oppose the
application by notifying the attorney general in writing within
ten days.
(2) The attorney general shall forward a copy of this section
to the attorney with the application form for attorney's fees. The
attorney shall file the application form with the attorney
general. The attorney general's decision with respect to an award
of attorney's fees is final ten days after the attorney general
renders the decision and mails a copy of the decision to the
attorney at the address provided by the attorney. The attorney may
request reconsideration of the decision on grounds that it is
insufficient or calculated incorrectly. The attorney general's
decision on the request for reconsideration is final.
(D) The attorney general shall review all application forms
for attorney's fees that are submitted by a claimant's attorney
and shall issue an order approving the amount of fees to be paid
to the attorney within sixty days after receipt of the application
form.
(E) No attorney's fees shall be paid for the following:
(1) Estate work or representation of a claimant against a
collateral source;
(2) Duplication of investigative work required to be
performed by the attorney general;
(3) Performance of unnecessary criminal investigation of the
offense;
(4) Presenting or appealing an issue that has been repeatedly
ruled upon by the highest appellate authority, unless a unique set
of facts or unique issue of law exists that distinguishes it;
(5) A fee request that is unreasonable, is not commensurate
with services rendered, violates the Ohio code of professional
responsibility, or is based upon services that are determined to
be frivolous.
(F)(1) The attorney general may reduce or deny the payment of
attorney's fees to an attorney who has filed a frivolous claim.
Subject to division (A)(5) of this section, the denial of a claim
on the basis of a felony conviction, felony conduct, or
contributory misconduct does not constitute a frivolous claim.
(2) As used in this section, "frivolous claim" means a claim
in which there is clearly no legal grounds under the existing laws
of this state to support the filing of a claim on behalf of the
claimant or victim.
(G) The attorney general may determine that a lesser number
of hours should have been required in a given case. Additional
reimbursement may be made where the attorney demonstrates to the
attorney general that the nature of the particular claim required
the expenditure of an amount in excess of that allowed.
(H) No attorney shall receive payment under this section for
assisting a claimant with an application for an award of
reparations under sections 2743.51 to 2743.72 of the Revised Code
if that attorney's fees have been allowed as an expense in
accordance with division (F)(4) of section 2743.51 of the Revised
Code.
(I) A contract or other agreement between an attorney and any
person that provides for the payment of attorney's fees or other
payments in excess of the attorney's fees allowed under this
section for representing a claimant under sections 2743.51 to
2743.72 of the Revised Code shall be void and unenforceable.
(J) Each witness who appears in a hearing on a claim for an
award of reparations shall receive compensation in an amount equal
to that received by witnesses under section 119.094 of the Revised
Code.
(K) If a claimant challenges the attorney general's final
decision under section 2743.611 of the Revised Code that a victim
is not eligible for catastrophic disability compensation by
initiating a mandamus action in the court of common pleas and the
action results in an award for catastrophic disability
compensation being issued to the claimant, the attorney general
shall pay the claimant's reasonable attorney's fees and court
costs. Any attorney's fees and court costs paid under this
division shall be construed as remedial and not punitive.
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," "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 (G) 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 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; at least fifty grams of a controlled substance analog; 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) of section
2929.13 and division (B) 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 2929.143, 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. If an offender is serving a prison
term as a risk reduction sentence under sections 2929.143 and
5120.036 of the Revised Code, "stated prison term" includes any
period of time by which the prison term imposed upon the offender
is shortened by the offender's successful completion of all
assessment and treatment or programming pursuant to those
sections.
(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 subject a victim or victims to
involuntary servitude, as defined in section 2905.31 of the
Revised Code, 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, 2905.32, 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 and are not isolated instances.
(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.
(EEE) "Permanent disabling harm" means serious physical harm
that results in permanent injury to the intellectual, physical, or
sensory functions and that permanently and substantially impairs a
person's ability to meet one or more of the ordinary demands of
life, including the functions of caring for one's self, performing
manual tasks, walking, seeing, hearing, speaking, breathing,
learning, and working.
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.
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 (B)(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)(a) Except as provided in division (B)(1)(b) of this
section, if an offender is convicted of or pleads guilty to a
felony of the fourth or fifth degree that is not an offense of
violence or that is a qualifying assault offense, the court shall
sentence the offender to a community control sanction of at least
one year's duration if all of the following apply:
(i) The offender previously has not been convicted of or
pleaded guilty to a felony offense.
(ii) The most serious charge against the offender at the time
of sentencing is a felony of the fourth or fifth degree.
(iii) If the court made a request of the department of
rehabilitation and correction pursuant to division (B)(1)(c) of
this section, the department, within the forty-five-day period
specified in that division, provided the court with the names of,
contact information for, and program details of one or more
community control sanctions of at least one year's duration that
are available for persons sentenced by the court.
(iv) The offender previously has not been convicted of or
pleaded guilty to a misdemeanor offense of violence that the
offender committed within two years prior to the offense for which
sentence is being imposed.
(b) The court has discretion to impose a prison term upon an
offender who is convicted of or pleads guilty to a felony of the
fourth or fifth degree that is not an offense of violence or that
is a qualifying assault offense if any of the following apply:
(i) The offender committed the offense while having a firearm
on or about the offender's person or under the offender's control.
(ii) If the offense is a qualifying assault offense, the
offender caused serious physical harm to another person while
committing the offense, and, if the offense is not a qualifying
assault offense, the offender caused physical harm to another
person while committing the offense.
(iii) The offender violated a term of the conditions of bond
as set by the court.
(iv) The court made a request of the department of
rehabilitation and correction pursuant to division (B)(1)(c) of
this section, and the department, within the forty-five-day period
specified in that division, did not provide the court with the
name of, contact information for, and program details of any
community control sanction of at least one year's duration that is
available for persons sentenced by the court.
(v) The offense is a sex offense that is a fourth or fifth
degree felony violation of any provision of Chapter 2907. of the
Revised Code.
(vi) In committing the offense, the offender attempted to
cause or made an actual threat of physical harm to a person with a
deadly weapon.
(vii) 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.
(viii) 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.
(ix) The offender committed the offense for hire or as part
of an organized criminal activity.
(x) The offender at the time of the offense was serving, or
the offender previously had served, a prison term.
(xi) 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.
(c) If a court that is sentencing an offender who is
convicted of or pleads guilty to a felony of the fourth or fifth
degree that is not an offense of violence or that is a qualifying
assault offense believes that no community control sanctions are
available for its use that, if imposed on the offender, will
adequately fulfill the overriding principles and purposes of
sentencing, the court shall contact the department of
rehabilitation and correction and ask the department to provide
the court with the names of, contact information for, and program
details of one or more community control sanctions of at least one
year's duration that are available for persons sentenced by the
court. Not later than forty-five days after receipt of a request
from a court under this division, the department shall provide the
court with the names of, contact information for, and program
details of one or more community control sanctions of at least one
year's duration that are available for persons sentenced by the
court, if any. Upon making a request under this division that
relates to a particular offender, a court shall defer sentencing
of that offender until it receives from the department the names
of, contact information for, and program details of one or more
community control sanctions of at least one year's duration that
are available for persons sentenced by the court or for forty-five
days, whichever is the earlier.
If the department provides the court with the names of,
contact information for, and program details of one or more
community control sanctions of at least one year's duration that
are available for persons sentenced by the court within the
forty-five-day period specified in this division, the court shall
impose upon the offender a community control sanction under
division (B)(1)(a) of this section, except that the court may
impose a prison term under division (B)(1)(b) of this section if a
factor described in division (B)(1)(b)(i) or (ii) of this section
applies. If the department does not provide the court with the
names of, contact information for, and program details of one or
more community control sanctions of at least one year's duration
that are available for persons sentenced by the court within the
forty-five-day period specified in this division, the court may
impose upon the offender a prison term under division
(B)(1)(b)(iv) of this section.
(d) A sentencing court may impose an additional penalty under
division (B) of section 2929.15 of the Revised Code upon an
offender sentenced to a community control sanction under division
(B)(1)(a) of this section if the offender violates the conditions
of the community control sanction, violates a law, or leaves the
state without the permission of the court or the offender's
probation officer.
(2) If division (B)(1) of this section does not apply, except
as provided in division (E), (F), or (G) of this section, in
determining whether to impose a prison term as a sanction for a
felony of the fourth or fifth degree, 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.
(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, divisions (C) to (I) of section 2967.19, or section
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 2967.19,
section 2967.193, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code for any of the following
offenses:
(1) Aggravated murder when death is not imposed or murder;
(2) Any rape, regardless of whether force was involved and
regardless of the age of the victim, or an attempt to commit rape
if, had the offender completed the rape that was attempted, the
offender would have been guilty of a violation of division
(A)(1)(b) of section 2907.02 of the Revised Code and would be
sentenced under section 2971.03 of the Revised Code;
(3) Gross sexual imposition or sexual battery, if the victim
is less than thirteen years of age and if any of the following
applies:
(a) Regarding gross sexual imposition, the offender
previously was convicted of or pleaded guilty to rape, the former
offense of felonious sexual penetration, gross sexual imposition,
or sexual battery, and the victim of the previous offense was less
than thirteen years of age;
(b) Regarding gross sexual imposition, the offense was
committed on or after August 3, 2006, and evidence other than the
testimony of the victim was admitted in the case corroborating the
violation.
(c) Regarding sexual battery, either of the following
applies:
(i) The offense was committed prior to August 3, 2006, the
offender previously was convicted of or pleaded guilty to rape,
the former offense of felonious sexual penetration, or sexual
battery, and the victim of the previous offense was less than
thirteen years of age.
(ii) The offense was committed on or after August 3, 2006.
(4) A felony violation of section 2903.04, 2903.06, 2903.08,
2903.11, 2903.12, 2903.13, 2905.32, 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 (B)(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 (B)(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 (B)(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 (B)(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 (B)(8) of section 2929.14 of the Revised
Code;
(19) Any offense of violence that is a felony, if the
offender is convicted of or pleads guilty to a specification as
described in section 2941.1424 of the Revised Code that was
included in the indictment, count in the indictment, or
information charging the offense.
(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. Subject to divisions (C)
to (I) of section 2967.19 of the Revised Code, the court shall not
reduce the term pursuant to section 2929.20, 2967.19, 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:
(1) "Drug abuse offense" has the same meaning as in section
2925.01 of the Revised Code.
(2) "Qualifying assault offense" means a violation of section
2903.13 of the Revised Code for which the penalty provision in
division (C)(8)(b) or (C)(9)(b) of that section applies.
(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 (B)(1),
(B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (B)(9),
(E), (G), (H), or (J) of this section or in division (D)(6) of
section 2919.25 of the Revised Code and except in relation to an
offense for which a sentence of death or life imprisonment is to
be imposed, if the court imposing a sentence upon an offender for
a felony elects or is required to impose a prison term on the
offender pursuant to this chapter, the court shall impose a
definite prison term that shall be one of the following:
(1) For a felony of the first degree, the prison term shall
be three, four, five, six, seven, eight, nine, ten, or eleven
years.
(2) For a felony of the second degree, the prison term shall
be two, three, four, five, six, seven, or eight years.
(3)(a) For a felony of the third degree that is a violation
of section 2903.06, 2903.08, 2907.03, 2907.04, or 2907.05 of the
Revised Code or that is a violation of section 2911.02 or 2911.12
of the Revised Code if the offender previously has been convicted
of or pleaded guilty in two or more separate proceedings to two or
more violations of section 2911.01, 2911.02, 2911.11, or 2911.12
of the Revised Code, the prison term shall be twelve, eighteen,
twenty-four, thirty, thirty-six, forty-two, forty-eight,
fifty-four, or sixty months.
(b) For a felony of the third degree that is not an offense
for which division (A)(3)(a) of this section applies, the prison
term shall be nine, twelve, eighteen, twenty-four, thirty, or
thirty-six months.
(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)(1)(a) Except as provided in division (B)(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 (B)(1)(a) of this section, the prison term shall not be
reduced pursuant to section 2967.19, 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 (B)(1)(g) of
this section, a court shall not impose more than one prison term
on an offender under division (B)(1)(a) of this section for
felonies committed as part of the same act or transaction.
(c) Except as provided in division (B)(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), (B)(2), or (B)(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 2967.19, 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 (B)(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
(B)(1)(c) of this section relative to an offense, the court also
shall impose a prison term under division (B)(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, subject to divisions (C)
to (I) of section 2967.19 of the Revised Code, shall not be
reduced pursuant to section 2929.20, section 2967.19, 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 (B)(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 (B)(1)(a)
or (c) of this section, the court is not precluded from imposing
an additional prison term under division (B)(1)(d) of this
section.
(e) The court shall not impose any of the prison terms
described in division (B)(1)(a) of this section or any of the
additional prison terms described in division (B)(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 (B)(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 (B)(1)(a) of this section or any of the additional
prison terms described in division (B)(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),
(B)(2), or (B)(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 2967.19, 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 (B)(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 (B)(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 (B)(1)(f) of this section relative to an
offense, the court shall not impose a prison term under division
(B)(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 are 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 (B)(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 (B)(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 (B)(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 (B)(2)(a)(iii) of this section and, if applicable,
division (B)(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 (B)(2)(a)(iii) of this section and, if applicable,
division (B)(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 (B)(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 (B)(2)(a) or (b) of
this section shall not be reduced pursuant to section 2929.20,
section 2967.19, 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 (B)(2)(a)
or (b) of this section, the court shall state its findings
explaining the imposed sentence.
(3) 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, 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
mandatory prison term of the maximum prison term prescribed for a
felony of the first degree that, subject to divisions (C) to (I)
of section 2967.19 of the Revised Code, cannot be reduced pursuant
to section 2929.20, section 2967.19, or any other provision of
Chapter 2967. or 5120. of the Revised Code.
(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 (B)(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 (B)(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 (B)(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 (B)(5) of this section, the prison term, subject to
divisions (C) to (I) of section 2967.19 of the Revised Code, shall
not be reduced pursuant to section 2929.20, section 2967.19,
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 (B)(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 (B)(6) of this section, the prison term,
subject to divisions (C) to (I) of section 2967.19 of the Revised
Code, shall not be reduced pursuant to section 2929.20, section
2967.19, 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 (B)(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) Subject to divisions (C) to (I) of section 2967.19 of the
Revised Code, the prison term imposed under division (B)(7)(a) of
this section shall not be reduced pursuant to section 2929.20,
section 2967.19, 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 (B)(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 offense of violence and also is convicted of or pleads
guilty to a specification of the type described in section
2941.1424 of the Revised Code that charges that the victim of the
offense suffered permanent disabling harm as a result of the
offense, the court shall impose upon the offender an additional
definite prison term of five, six, seven, eight, nine, or ten
years. A prison term imposed upon an offender under division
(B)(9) of this section shall not be reduced pursuant to section
2929.20, section 2967.193, or any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code.
(C)(1)(a) Subject to division (C)(1)(b) of this section, if a
mandatory prison term is imposed upon an offender pursuant to
division (B)(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 (B)(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 (B)(1)(d) of this section, consecutively to and prior to
any prison term imposed for the underlying felony pursuant to
division (A), (B)(2), or (B)(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 (B)(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 (B)(1)(a) or (c) of this
section, consecutively to and prior to any prison term imposed for
the underlying felony under division (A), (B)(2), or (B)(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 (B)(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), (B)(2), or (B)(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 (B)(7) or (8) of this section, the offender
shall serve the mandatory prison term so imposed consecutively to
any other mandatory prison term imposed under that division or
under any other provision of law and consecutively to any other
prison term or mandatory prison term previously or subsequently
imposed upon the offender.
(2) If an offender who is an inmate in a jail, prison, or
other residential detention facility violates section 2917.02,
2917.03, or 2921.35 of the Revised Code or division (A)(1) or (2)
of section 2921.34 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
division (A)(1) or (2) 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 (B)(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 (B)(5) of this section, and if a
mandatory prison term also is imposed upon the offender pursuant
to division (B)(6) of this section in relation to the same
violation, the offender shall serve the mandatory prison term
imposed pursuant to division (B)(5) of this section consecutively
to and prior to the mandatory prison term imposed pursuant to
division (B)(6) of this section and consecutively to and prior to
any prison term imposed for the underlying violation of division
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to
division (A) of this section or section 2929.142 of the Revised
Code.
(6) If a mandatory prison term is imposed upon an offender
pursuant to division (B)(9) of this section, the offender shall
serve that mandatory prison term consecutively to and prior to any
prison term imposed for the underlying violation of an offense of
violence and consecutively to and prior to any other prison term
or mandatory prison term previously or subsequently imposed upon
the offender.
(7) When consecutive prison terms are imposed pursuant to
division (C)(1), (2), (3), (4), or (5), or (6) or division (H)(1)
or (2) of this section, the term to be served is the aggregate of
all of the terms so imposed.
(D)(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
(D)(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.
(E) 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.
(F) 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.
(G) 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.
(H)(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 (H)(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 (H)(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 (H)(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.
(I) 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.
(J) If a person is convicted of or pleads guilty to
aggravated vehicular homicide in violation of division (A)(1) of
section 2903.06 of the Revised Code and division (B)(2)(c) of that
section applies, the person shall be sentenced pursuant to section
2929.142 of the Revised Code.
Sec. 2941.1424. (A) Imposition of a mandatory prison term of
five, six, seven, eight, nine, or ten years upon an offender under
division (B)(9) of section 2929.14 of the Revised Code is
precluded unless the offender is convicted of or pleads guilty to
a felony offense of violence and unless the indictment, count in
the indictment, or information charging the offense specifies that
the victim of the offense suffered permanent disabling harm as a
result of the offense. The specification shall be stated at the
end of the body of the indictment, count, or information and shall
be stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The
Grand Jurors (or insert the person's or the prosecuting attorney's
name when appropriate) further find and specify that (set forth
that the victim of the offense suffered permanent disabling harm
as a result of the offense)."
(B) As used in this section, "permanent disabling harm" has
the same meaning as in section 2929.01 of the Revised Code.
Section 2. That existing sections 2743.51, 2743.60, 2743.65,
2929.01, 2929.13, and 2929.14 of the Revised Code are hereby
repealed.
Section 3. This act shall be known as "Destiny's Law."
|