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Am. H. B. No. 508 As Passed by the HouseAs Passed by the House
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Smith, Becker, Terhar, Derickson, Hood, Stebelton, Johnson, Blessing, Wachtmann, Adams, R., Amstutz, Barborak, Boose, Buchy, Burkley, Conditt, Huffman, Lynch, Maag, Perales, Ruhl, Scherer, Schuring, Sprague, Young Speaker Batchelder
A BILL
To amend sections 2903.02, 2929.02, 2929.14,
2941.148, 2967.13, 2971.03, 2971.07, and 5120.61
of the Revised Code to expand the offense of
murder to also prohibit causing the death of
another as a proximate result of providing the
person with a controlled substance or controlled
substance analog when the death is caused by the
use of that controlled substance or controlled
substance analog and to provide special life
sentences for a violation of the prohibition.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2903.02, 2929.02, 2929.14, 2941.148,
2967.13, 2971.03, 2971.07, and 5120.61 of the Revised Code be
amended to read as follows:
Sec. 2903.02. (A) No person shall purposely cause the death
of another or the unlawful termination of another's pregnancy.
(B) No person shall cause the death of another as a proximate
result of the offender's committing or attempting to commit an
offense of violence that is a felony of the first or second degree
and that is not a violation of section 2903.03 or 2903.04 of the
Revised Code.
(C) No person shall cause the death of another who is
eighteen years of age or older as a proximate result of the
offender's providing the other person with a controlled substance
or a controlled substance analog in violation of any section of
Chapter 2925. of the Revised Code.
(D) No person shall cause the death of another who is under
eighteen years of age as a proximate result of the offender's
providing the other person with a controlled substance or a
controlled substance analog in violation of any section of Chapter
2925. of the Revised Code.
(E)(1) Division (B) of this section does not apply to an
offense that becomes a felony of the first or second degree only
if the offender previously has been convicted of that offense or
another specified offense.
(D)(2) For purposes of divisions (C) and (D) of this section,
a person who provides another person with a controlled substance
or controlled substance analog in violation of any section of
Chapter 2925. of the Revised Code "causes the death of the other
person as a proximate result of providing the other person with
the controlled substance or controlled substance analog" if the
other person died as a result of either of the following:
(a) The use of that controlled substance or controlled
substance analog;
(b) The use of that controlled substance or controlled
substance analog combined with one or more other controlled
substances or controlled substance analogs, with alcohol, or with
one or more other controlled substances or controlled substance
analogs and alcohol.
(F) Whoever violates this section is guilty of murder, and
shall be punished as provided in section 2929.02 of the Revised
Code.
Sec. 2929.02. (A) Whoever is convicted of or pleads guilty
to aggravated murder in violation of section 2903.01 of the
Revised Code shall suffer death or be imprisoned for life, as
determined pursuant to sections 2929.022, 2929.03, and 2929.04 of
the Revised Code, except that no person who raises the matter of
age pursuant to section 2929.023 of the Revised Code and who is
not found to have been eighteen years of age or older at the time
of the commission of the offense shall suffer death. In addition,
the offender may be fined an amount fixed by the court, but not
more than twenty-five thousand dollars.
(B)(1) Except as otherwise provided in division (B)(2) or,
(3), (4), or (5) of this section, whoever is convicted of or
pleads guilty to murder in violation of section 2903.02 of the
Revised Code shall be imprisoned for an indefinite term of fifteen
years to life.
(2) Except as otherwise provided in division (B)(3) or (5) of
this section, if a person is convicted of or pleads guilty to
murder in violation of division (C) of section 2903.02 of the
Revised Code, the court shall impose upon the offender a sentence
of life imprisonment with parole eligibility after serving twenty
years of imprisonment or life imprisonment with parole eligibility
after serving twenty-five full years of imprisonment.
(3) Except as otherwise provided in division (B)(3)(4) or (5)
of this section, if a person is convicted of or pleads guilty to
murder in violation of section 2903.02 of the Revised Code, the
victim of the offense was less than thirteen years of age, and the
offender also is convicted of or pleads guilty to a sexual
motivation specification that was included in the indictment,
count in the indictment, or information charging the offense, the
court shall impose an indefinite prison term of thirty years to
life pursuant to division (B)(3) of section 2971.03 of the Revised
Code.
(3)(4) Except as otherwise provided in division (B)(5) of
this section, if a person is convicted of or pleads guilty to
murder in violation of division (D) of section 2903.02 of the
Revised Code, the court shall impose upon the offender a sentence
of life imprisonment with parole eligibility after serving thirty
years of imprisonment or life imprisonment without parole.
(5) If a person is convicted of or pleads guilty to murder in
violation of section 2903.02 of the Revised Code and also is
convicted of or pleads guilty to a sexual motivation specification
and a sexually violent predator specification that were included
in the indictment, count in the indictment, or information that
charged the murder, the court shall impose upon the offender a
term of life imprisonment without parole that shall be served
pursuant to section 2971.03 of the Revised Code.
(4)(6) In addition to the term of imprisonment imposed under
division (B)(1), (2), (3), (4), or (5) of this section, the
offender may be fined an amount fixed by the court, but not more
than fifteen thousand dollars.
(C) The court shall not impose a fine or fines for aggravated
murder or murder which, in the aggregate and to the extent not
suspended by the court, exceeds the amount which the offender is
or will be able to pay by the method and within the time allowed
without undue hardship to the offender or to the dependents of the
offender, or will prevent the offender from making reparation for
the victim's wrongful death.
(D)(1) In addition to any other sanctions imposed for a
violation of section 2903.01 or 2903.02 of the Revised Code, if
the offender used a motor vehicle as the means to commit the
violation, the court shall impose upon the offender a class two
suspension of the offender's driver's license, commercial driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege as specified in division (A)(2) of
section 4510.02 of the Revised Code.
(2) As used in division (D) of this section, "motor vehicle"
has the same meaning as in section 4501.01 of the Revised Code.
Sec. 2929.14. (A) Except as provided in division (B)(1),
(B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (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 and the court does not impose
a sentence of life imprisonment without parole, 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 and the court
does not impose a sentence of life imprisonment without parole,
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.
(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) When consecutive prison terms are imposed pursuant to
division (C)(1), (2), (3), (4), or (5) 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)(3) of
section 2929.02 of the Revised Code requires the court to sentence
the offender pursuant to section 2971.03 of the Revised Code.
(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. 2941.148. (A)(1) The application of Chapter 2971. of
the Revised Code to an offender is precluded unless one of the
following applies:
(a) The offender is charged with a violent sex offense, and
the indictment, count in the indictment, or information charging
the violent sex offense also includes a specification that the
offender is a sexually violent predator, or the offender is
charged with a designated homicide, assault, or kidnapping
offense, and the indictment, count in the indictment, or
information charging the designated homicide, assault, or
kidnapping offense also includes both a specification of the type
described in section 2941.147 of the Revised Code and a
specification that the offender is a sexually violent predator.
(b) The offender is convicted of or pleads guilty to a
violation of division (A)(1)(b) of section 2907.02 of the Revised
Code committed on or after January 2, 2007, and division (B) of
section 2907.02 of the Revised Code does not prohibit the court
from sentencing the offender pursuant to section 2971.03 of the
Revised Code.
(c) The offender is convicted of or pleads guilty to
attempted rape committed on or after January 2, 2007, and to a
specification of the type described in section 2941.1418,
2941.1419, or 2941.1420 of the Revised Code.
(d) The offender is convicted of or pleads guilty to a
violation of section 2905.01 of the Revised Code and to a
specification of the type described in section 2941.147 of the
Revised Code, and section 2905.01 of the Revised Code requires a
court to sentence the offender pursuant to section 2971.03 of the
Revised Code.
(e) The offender is convicted of or pleads guilty to
aggravated murder and to a specification of the type described in
section 2941.147 of the Revised Code, and division (A)(2)(b)(ii)
of section 2929.022, division (A)(1)(e), (C)(1)(a)(v),
(C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section
2929.03, or division (A) or (B) of section 2929.06 of the Revised
Code requires a court to sentence the offender pursuant to
division (B)(3) of section 2971.03 of the Revised Code.
(f) The offender is convicted of or pleads guilty to murder
and to a specification of the type described in section 2941.147
of the Revised Code, and division (B)(2)(3) of section 2929.02 of
the Revised Code requires a court to sentence the offender
pursuant to section 2971.03 of the Revised Code.
(2) A specification required under division (A)(1)(a) of this
section that an offender is a sexually violent predator shall be
stated at the end of the body of the indictment, count, or
information and shall be stated in substantially the following
form:
"Specification (or, specification to the first count). The
grand jury (or insert the person's or prosecuting attorney's name
when appropriate) further find and specify that the offender is a
sexually violent predator."
(B) In determining for purposes of this section whether a
person is a sexually violent predator, all of the factors set
forth in divisions (H)(1) to (6) of section 2971.01 of the Revised
Code that apply regarding the person may be considered as evidence
tending to indicate that it is likely that the person will engage
in the future in one or more sexually violent offenses.
(C) As used in this section, "designated homicide, assault,
or kidnapping offense," "violent sex offense," and "sexually
violent predator" have the same meanings as in section 2971.01 of
the Revised Code.
Sec. 2967.13. (A) Except as provided in division (G) of this
section, a prisoner serving a sentence of imprisonment for life
for an offense committed on or after July 1, 1996, is not entitled
to any earned credit under section 2967.193 of the Revised Code
and becomes eligible for parole as follows:
(1) If a sentence of imprisonment for fifteen years to life
was imposed for the offense of murder, at the expiration of the
prisoner's minimum term;
(2) If a sentence of imprisonment for life with parole
eligibility after serving twenty years of imprisonment was imposed
for aggravated murder pursuant to section 2929.022 or 2929.03 of
the Revised Code or for murder pursuant to division (B) of section
2929.02 of the Revised Code, after serving a term of twenty years;
(3) If a sentence of imprisonment for life with parole
eligibility after serving twenty-five full years of imprisonment
was imposed for aggravated murder pursuant to section 2929.022 or
2929.03 of the Revised Code or for murder pursuant to division (B)
of section 2929.02 of the Revised Code, after serving a term of
twenty-five full years;
(4) If a sentence of imprisonment for life with parole
eligibility after serving thirty full years of imprisonment was
imposed for aggravated murder pursuant to section 2929.022 or
2929.03 of the Revised Code or for murder pursuant to division (B)
of section 2929.02 of the Revised Code, after serving a term of
thirty full years;
(5) If a sentence of imprisonment for life was imposed for
rape, after serving a term of ten full years' imprisonment;
(6) If a sentence of imprisonment for life with parole
eligibility after serving fifteen years of imprisonment was
imposed for a violation of section 2927.24 of the Revised Code,
after serving a term of fifteen years.
(B) Except as provided in division (G) of this section, a
prisoner serving a sentence of imprisonment for life with parole
eligibility after serving twenty years of imprisonment or a
sentence of imprisonment for life with parole eligibility after
serving twenty-five full years or thirty full years of
imprisonment imposed pursuant to section 2929.022 or 2929.03 or
division (B) of section 2929.02 of the Revised Code for an offense
committed on or after July 1, 1996, consecutively to any other
term of imprisonment, becomes eligible for parole after serving
twenty years, twenty full years, or thirty full years, as
applicable, as to each such sentence of life imprisonment, which
shall not be reduced for earned credits under section 2967.193 of
the Revised Code, plus the term or terms of the other sentences
consecutively imposed or, if one of the other sentences is another
type of life sentence with parole eligibility, the number of years
before parole eligibility for that sentence.
(C) Except as provided in division (G) of this section, a
prisoner serving consecutively two or more sentences in which an
indefinite term of imprisonment is imposed becomes eligible for
parole upon the expiration of the aggregate of the minimum terms
of the sentences.
(D) Except as provided in division (G) of this section, a
prisoner serving a term of imprisonment who is described in
division (A) of section 2967.021 of the Revised Code becomes
eligible for parole as described in that division or, if the
prisoner is serving a definite term of imprisonment, shall be
released as described in that division.
(E) A prisoner serving a sentence of life imprisonment
without parole imposed pursuant to section 2907.02 or section,
2929.03, or 2929.06 or division (B) of section 2929.02 of the
Revised Code is not eligible for parole and shall be imprisoned
until death.
(F) A prisoner serving a stated prison term shall be released
in accordance with section 2967.28 of the Revised Code.
(G) A prisoner serving a prison term or term of life
imprisonment without parole imposed pursuant to section 2971.03 of
the Revised Code never becomes eligible for parole during that
term of imprisonment.
Sec. 2971.03. (A) Notwithstanding divisions (A) and (D) of
section 2929.14, section 2929.02, 2929.03, 2929.06, 2929.13, or
another section of the Revised Code, other than divisions (B) and
(C) of section 2929.14 of the Revised Code, that authorizes or
requires a specified prison term or a mandatory prison term for a
person who is convicted of or pleads guilty to a felony or that
specifies the manner and place of service of a prison term or term
of imprisonment, the court shall impose a sentence upon a person
who is convicted of or pleads guilty to a violent sex offense and
who also is convicted of or pleads guilty to a sexually violent
predator specification that was included in the indictment, count
in the indictment, or information charging that offense, and upon
a person who is convicted of or pleads guilty to a designated
homicide, assault, or kidnapping offense and also is convicted of
or pleads guilty to both a sexual motivation specification and a
sexually violent predator specification that were included in the
indictment, count in the indictment, or information charging that
offense, as follows:
(1) If the offense for which the sentence is being imposed is
aggravated murder and if the court does not impose upon the
offender a sentence of death, it shall impose upon the offender a
term of life imprisonment without parole. If the court sentences
the offender to death and the sentence of death is vacated,
overturned, or otherwise set aside, the court shall impose upon
the offender a term of life imprisonment without parole.
(2) If the offense for which the sentence is being imposed is
murder; or if the offense is rape committed in violation of
division (A)(1)(b) of section 2907.02 of the Revised Code when the
offender purposely compelled the victim to submit by force or
threat of force, when the victim was less than ten years of age,
when the offender previously has been convicted of or pleaded
guilty to either rape committed in violation of that division or a
violation of an existing or former law of this state, another
state, or the United States that is substantially similar to
division (A)(1)(b) of section 2907.02 of the Revised Code, or when
the offender during or immediately after the commission of the
rape caused serious physical harm to the victim; or if the offense
is an offense other than aggravated murder or murder for which a
term of life imprisonment may be imposed, it shall impose upon the
offender a term of life imprisonment without parole.
(3)(a) Except as otherwise provided in division (A)(3)(b),
(c), (d), or (e) or (A)(4) of this section, if the offense for
which the sentence is being imposed is an offense other than
aggravated murder, murder, or rape and other than an offense for
which a term of life imprisonment may be imposed, it shall impose
an indefinite prison term consisting of a minimum term fixed by
the court from among the range of terms available as a definite
term for the offense, but not less than two years, and a maximum
term of life imprisonment.
(b) Except as otherwise provided in division (A)(4) of this
section, if the offense for which the sentence is being imposed is
kidnapping that is a felony of the first degree, it shall impose
an indefinite prison term as follows:
(i) If the kidnapping is committed on or after January 1,
2008, and the victim of the offense is less than thirteen years of
age, except as otherwise provided in this division, it shall
impose an indefinite prison term consisting of a minimum term of
fifteen years and a maximum term of life imprisonment. If the
kidnapping is committed on or after January 1, 2008, the victim of
the offense is less than thirteen years of age, and the offender
released the victim in a safe place unharmed, it shall impose an
indefinite prison term consisting of a minimum term of ten years
and a maximum term of life imprisonment.
(ii) If the kidnapping is committed prior to January 1, 2008,
or division (A)(3)(b)(i) of this section does not apply, it shall
impose an indefinite term consisting of a minimum term fixed by
the court that is not less than ten years and a maximum term of
life imprisonment.
(c) Except as otherwise provided in division (A)(4) of this
section, if the offense for which the sentence is being imposed is
kidnapping that is a felony of the second degree, it shall impose
an indefinite prison term consisting of a minimum term fixed by
the court that is not less than eight years, and a maximum term of
life imprisonment.
(d) Except as otherwise provided in division (A)(4) of this
section, if the offense for which the sentence is being imposed is
rape for which a term of life imprisonment is not imposed under
division (A)(2) of this section or division (B) of section 2907.02
of the Revised Code, it shall impose an indefinite prison term as
follows:
(i) If the rape is committed on or after January 2, 2007, in
violation of division (A)(1)(b) of section 2907.02 of the Revised
Code, it shall impose an indefinite prison term consisting of a
minimum term of twenty-five years and a maximum term of life
imprisonment.
(ii) If the rape is committed prior to January 2, 2007, or
the rape is committed on or after January 2, 2007, other than in
violation of division (A)(1)(b) of section 2907.02 of the Revised
Code, it shall impose an indefinite prison term consisting of a
minimum term fixed by the court that is not less than ten years,
and a maximum term of life imprisonment.
(e) Except as otherwise provided in division (A)(4) of this
section, if the offense for which sentence is being imposed is
attempted rape, it shall impose an indefinite prison term as
follows:
(i) Except as otherwise provided in division (A)(3)(e)(ii),
(iii), or (iv) of this section, it shall impose an indefinite
prison term pursuant to division (A)(3)(a) of this section.
(ii) If the attempted rape for which sentence is being
imposed was committed on or after January 2, 2007, and if the
offender also is convicted of or pleads guilty to a specification
of the type described in section 2941.1418 of the Revised Code, it
shall impose an indefinite prison term consisting of a minimum
term of five years and a maximum term of twenty-five years.
(iii) If the attempted rape for which sentence is being
imposed was committed on or after January 2, 2007, and if the
offender also is convicted of or pleads guilty to a specification
of the type described in section 2941.1419 of the Revised Code, it
shall impose an indefinite prison term consisting of a minimum
term of ten years and a maximum of life imprisonment.
(iv) If the attempted rape for which sentence is being
imposed was committed on or after January 2, 2007, and if the
offender also is convicted of or pleads guilty to a specification
of the type described in section 2941.1420 of the Revised Code, it
shall impose an indefinite prison term consisting of a minimum
term of fifteen years and a maximum of life imprisonment.
(4) For any offense for which the sentence is being imposed,
if the offender previously has been convicted of or pleaded guilty
to a violent sex offense and also to a sexually violent predator
specification that was included in the indictment, count in the
indictment, or information charging that offense, or previously
has been convicted of or pleaded guilty to a designated homicide,
assault, or kidnapping offense and also to both a sexual
motivation specification and a sexually violent predator
specification that were included in the indictment, count in the
indictment, or information charging that offense, it shall impose
upon the offender a term of life imprisonment without parole.
(B)(1) Notwithstanding section 2929.13, division (A) or (D)
of section 2929.14, or another section of the Revised Code other
than division (B) of section 2907.02 or divisions (B) and (C) of
section 2929.14 of the Revised Code that authorizes or requires a
specified prison term or a mandatory prison term for a person who
is convicted of or pleads guilty to a felony or that specifies the
manner and place of service of a prison term or term of
imprisonment, if a person is convicted of or pleads guilty to a
violation of division (A)(1)(b) of section 2907.02 of the Revised
Code committed on or after January 2, 2007, if division (A) of
this section does not apply regarding the person, and if the court
does not impose a sentence of life without parole when authorized
pursuant to division (B) of section 2907.02 of the Revised Code,
the court shall impose upon the person an indefinite prison term
consisting of one of the following:
(a) Except as otherwise required in division (B)(1)(b) or (c)
of this section, a minimum term of ten years and a maximum term of
life imprisonment.
(b) If the victim was less than ten years of age, a minimum
term of fifteen years and a maximum of life imprisonment.
(c) If the offender purposely compels the victim to submit by
force or threat of force, or if the offender previously has been
convicted of or pleaded guilty to violating division (A)(1)(b) of
section 2907.02 of the Revised Code or to violating an existing or
former law of this state, another state, or the United States that
is substantially similar to division (A)(1)(b) of that section, or
if the offender during or immediately after the commission of the
offense caused serious physical harm to the victim, a minimum term
of twenty-five years and a maximum of life imprisonment.
(2) Notwithstanding section 2929.13, division (A) or (D) of
section 2929.14, or another section of the Revised Code other than
divisions (B) and (C) of section 2929.14 of the Revised Code that
authorizes or requires a specified prison term or a mandatory
prison term for a person who is convicted of or pleads guilty to a
felony or that specifies the manner and place of service of a
prison term or term of imprisonment and except as otherwise
provided in division (B) of section 2907.02 of the Revised Code,
if a person is convicted of or pleads guilty to attempted rape
committed on or after January 2, 2007, and if division (A) of this
section does not apply regarding the person, the court shall
impose upon the person an indefinite prison term consisting of one
of the following:
(a) If the person also is convicted of or pleads guilty to a
specification of the type described in section 2941.1418 of the
Revised Code, the court shall impose upon the person an indefinite
prison term consisting of a minimum term of five years and a
maximum term of twenty-five years.
(b) If the person also is convicted of or pleads guilty to a
specification of the type described in section 2941.1419 of the
Revised Code, the court shall impose upon the person an indefinite
prison term consisting of a minimum term of ten years and a
maximum term of life imprisonment.
(c) If the person also is convicted of or pleads guilty to a
specification of the type described in section 2941.1420 of the
Revised Code, the court shall impose upon the person an indefinite
prison term consisting of a minimum term of fifteen years and a
maximum term of life imprisonment.
(3) Notwithstanding section 2929.13, division (A) or (D) of
section 2929.14, or another section of the Revised Code other than
divisions (B) and (C) of section 2929.14 of the Revised Code that
authorizes or requires a specified prison term or a mandatory
prison term for a person who is convicted of or pleads guilty to a
felony or that specifies the manner and place of service of a
prison term or term of imprisonment, if a person is convicted of
or pleads guilty to an offense described in division (B)(3)(a),
(b), (c), or (d) of this section committed on or after January 1,
2008, if the person also is convicted of or pleads guilty to a
sexual motivation specification that was included in the
indictment, count in the indictment, or information charging that
offense, and if division (A) of this section does not apply
regarding the person, the court shall impose upon the person an
indefinite prison term consisting of one of the following:
(a) An indefinite prison term consisting of a minimum of ten
years and a maximum term of life imprisonment if the offense for
which the sentence is being imposed is kidnapping, the victim of
the offense is less than thirteen years of age, and the offender
released the victim in a safe place unharmed;
(b) An indefinite prison term consisting of a minimum of
fifteen years and a maximum term of life imprisonment if the
offense for which the sentence is being imposed is kidnapping when
the victim of the offense is less than thirteen years of age and
division (B)(3)(a) of this section does not apply;
(c) An indefinite term consisting of a minimum of thirty
years and a maximum term of life imprisonment if the offense for
which the sentence is being imposed is aggravated murder, when the
victim of the offense is less than thirteen years of age, a
sentence of death or life imprisonment without parole is not
imposed for the offense, and division (A)(2)(b)(ii) of section
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii),
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or
division (A) or (B) of section 2929.06 of the Revised Code
requires that the sentence for the offense be imposed pursuant to
this division;
(d) An indefinite prison term consisting of a minimum of
thirty years and a maximum term of life imprisonment if the
offense for which the sentence is being imposed is murder when the
victim of the offense is less than thirteen years of age and
division (B)(3) of section 2929.02 of the Revised Code requires
that the sentence for the offense be imposed pursuant to this
division.
(C)(1) If the offender is sentenced to a prison term pursuant
to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or
(c), or (B)(3)(a), (b), (c), or (d) of this section, the parole
board shall have control over the offender's service of the term
during the entire term unless the parole board terminates its
control in accordance with section 2971.04 of the Revised Code.
(2) Except as provided in division (C)(3) of this section, an
offender sentenced to a prison term or term of life imprisonment
without parole pursuant to division (A) of this section shall
serve the entire prison term or term of life imprisonment in a
state correctional institution. The offender is not eligible for
judicial release under section 2929.20 of the Revised Code.
(3) For a prison term imposed pursuant to division (A)(3),
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),
(c), or (d) of this section, the court, in accordance with section
2971.05 of the Revised Code, may terminate the prison term or
modify the requirement that the offender serve the entire term in
a state correctional institution if all of the following apply:
(a) The offender has served at least the minimum term imposed
as part of that prison term.
(b) The parole board, pursuant to section 2971.04 of the
Revised Code, has terminated its control over the offender's
service of that prison term.
(c) The court has held a hearing and found, by clear and
convincing evidence, one of the following:
(i) In the case of termination of the prison term, that the
offender is unlikely to commit a sexually violent offense in the
future;
(ii) In the case of modification of the requirement, that the
offender does not represent a substantial risk of physical harm to
others.
(4) An offender who has been sentenced to a term of life
imprisonment without parole pursuant to division (A)(1), (2), or
(4) of this section shall not be released from the term of life
imprisonment or be permitted to serve a portion of it in a place
other than a state correctional institution.
(D) If a court sentences an offender to a prison term or term
of life imprisonment without parole pursuant to division (A) of
this section and the court also imposes on the offender one or
more additional prison terms pursuant to division (B) of section
2929.14 of the Revised Code, all of the additional prison terms
shall be served consecutively with, and prior to, the prison term
or term of life imprisonment without parole imposed upon the
offender pursuant to division (A) of this section.
(E) If the offender is convicted of or pleads guilty to two
or more offenses for which a prison term or term of life
imprisonment without parole is required to be imposed pursuant to
division (A) of this section, divisions (A) to (D) of this section
shall be applied for each offense. All minimum terms imposed upon
the offender pursuant to division (A)(3) or (B) of this section
for those offenses shall be aggregated and served consecutively,
as if they were a single minimum term imposed under that division.
(F)(1) If an offender is convicted of or pleads guilty to a
violent sex offense and also is convicted of or pleads guilty to a
sexually violent predator specification that was included in the
indictment, count in the indictment, or information charging that
offense, or is convicted of or pleads guilty to a designated
homicide, assault, or kidnapping offense and also is convicted of
or pleads guilty to both a sexual motivation specification and a
sexually violent predator specification that were included in the
indictment, count in the indictment, or information charging that
offense, the conviction of or plea of guilty to the offense and
the sexually violent predator specification automatically
classifies the offender as a tier III sex offender/child-victim
offender for purposes of Chapter 2950. of the Revised Code.
(2) If an offender is convicted of or pleads guilty to
committing on or after January 2, 2007, a violation of division
(A)(1)(b) of section 2907.02 of the Revised Code and either the
offender is sentenced under section 2971.03 of the Revised Code or
a sentence of life without parole is imposed under division (B) of
section 2907.02 of the Revised Code, the conviction of or plea of
guilty to the offense automatically classifies the offender as a
tier III sex offender/child-victim offender for purposes of
Chapter 2950. of the Revised Code.
(3) If a person is convicted of or pleads guilty to
committing on or after January 2, 2007, attempted rape and also is
convicted of or pleads guilty to a specification of the type
described in section 2941.1418, 2941.1419, or 2941.1420 of the
Revised Code, the conviction of or plea of guilty to the offense
and the specification automatically classify the offender as a
tier III sex offender/child-victim offender for purposes of
Chapter 2950. of the Revised Code.
(4) If a person is convicted of or pleads guilty to one of
the offenses described in division (B)(3)(a), (b), (c), or (d) of
this section and a sexual motivation specification related to the
offense and the victim of the offense is less than thirteen years
of age, the conviction of or plea of guilty to the offense
automatically classifies the offender as a tier III sex
offender/child-victim offender for purposes of Chapter 2950. of
the Revised Code.
Sec. 2971.07. (A) This chapter does not apply to any
offender unless the offender is one of the following:
(1) The offender is convicted of or pleads guilty to a
violent sex offense and also is convicted of or pleads guilty to a
sexually violent predator specification that was included in the
indictment, count in the indictment, or information charging that
offense.
(2) The offender is convicted of or pleads guilty to a
designated homicide, assault, or kidnapping offense and also is
convicted of or pleads guilty to both a sexual motivation
specification and a sexually violent predator specification that
were included in the indictment, count in the indictment, or
information charging that offense.
(3) The offender is convicted of or pleads guilty to a
violation of division (A)(1)(b) of section 2907.02 of the Revised
Code committed on or after January 2, 2007, and the court does not
sentence the offender to a term of life without parole pursuant to
division (B) of section 2907.02 of the Revised Code or division
(B) of that section prohibits the court from sentencing the
offender pursuant to section 2971.03 of the Revised Code.
(4) The offender is convicted of or pleads guilty to
attempted rape committed on or after January 2, 2007, and also is
convicted of or pleads guilty to a specification of the type
described in section 2941.1418, 2941.1419, or 2941.1420 of the
Revised Code.
(5) The offender is convicted of or pleads guilty to a
violation of section 2905.01 of the Revised Code and also is
convicted of or pleads guilty to a sexual motivation specification
that was included in the indictment, count in the indictment, or
information charging that offense, and that section requires a
court to sentence the offender pursuant to section 2971.03 of the
Revised Code.
(6) The offender is convicted of or pleads guilty to
aggravated murder and also is convicted of or pleads guilty to a
sexual motivation specification that was included in the
indictment, count in the indictment, or information charging that
offense, and division (A)(2)(b)(ii) of section 2929.022, division
(A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv),
or (E)(1)(d) of section 2929.03, or division (A) or (B) of section
2929.06 of the Revised Code requires a court to sentence the
offender pursuant to division (B)(3) of section 2971.03 of the
Revised Code.
(7) The offender is convicted of or pleads guilty to murder
and also is convicted of or pleads guilty to a sexual motivation
specification that was included in the indictment, count in the
indictment, or information charging that offense, and division
(B)(2)(3) of section 2929.02 of the Revised Code requires a court
to sentence the offender pursuant to section 2971.03 of the
Revised Code.
(B) This chapter does not limit or affect a court in imposing
upon an offender described in divisions (A)(1) to (9) of this
section any financial sanction under section 2929.18 or any other
section of the Revised Code, or, except as specifically provided
in this chapter, any other sanction that is authorized or required
for the offense or violation by any other provision of law.
(C) If an offender is sentenced to a prison term under
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised
Code and if, pursuant to section 2971.05 of the Revised Code, the
court modifies the requirement that the offender serve the entire
prison term in a state correctional institution or places the
offender on conditional release that involves the placement of the
offender under the supervision of the adult parole authority,
authorized field officers of the authority who are engaged within
the scope of their supervisory duties or responsibilities may
search, with or without a warrant, the person of the offender, the
place of residence of the offender, and a motor vehicle, another
item of tangible or intangible personal property, or any other
real property in which the offender has the express or implied
permission of a person with a right, title, or interest to use,
occupy, or possess if the field officer has reasonable grounds to
believe that the offender is not abiding by the law or otherwise
is not complying with the terms and conditions of the offender's
modification or release. The authority shall provide each offender
with a written notice that informs the offender that authorized
field officers of the authority who are engaged within the scope
of their supervisory duties or responsibilities may conduct those
types of searches during the period of the modification or release
if they have reasonable grounds to believe that the offender is
not abiding by the law or otherwise is not complying with the
terms and conditions of the offender's modification or release.
Sec. 5120.61. (A)(1) Not later than ninety days after
January 1, 1997, the department of rehabilitation and correction
shall adopt standards that it will use under this section to
assess the following criminal offenders and may periodically
revise the standards:
(a) A criminal offender who is convicted of or pleads guilty
to a violent sex offense or designated homicide, assault, or
kidnapping offense and is adjudicated a sexually violent predator
in relation to that offense;
(b) A criminal offender who is convicted of or pleads guilty
to a violation of division (A)(1)(b) of section 2907.02 of the
Revised Code committed on or after January 2, 2007, and either who
is sentenced under section 2971.03 of the Revised Code or upon
whom a sentence of life without parole is imposed under division
(B) of section 2907.02 of the Revised Code;
(c) A criminal offender who is convicted of or pleads guilty
to attempted rape committed on or after January 2, 2007, and a
specification of the type described in section 2941.1418,
2941.1419, or 2941.1420 of the Revised Code;
(d) A criminal offender who is convicted of or pleads guilty
to a violation of section 2905.01 of the Revised Code and also is
convicted of or pleads guilty to a sexual motivation specification
that was included in the indictment, count in the indictment, or
information charging that offense, and who is sentenced pursuant
to section 2971.03 of the Revised Code;
(e) A criminal offender who is convicted of or pleads guilty
to aggravated murder and also is convicted of or pleads guilty to
a sexual motivation specification that was included in the
indictment, count in the indictment, or information charging that
offense, and who pursuant to division (A)(2)(b)(ii) of section
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii),
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or
division (A) or (B) of section 2929.06 of the Revised Code is
sentenced pursuant to division (B)(3) of section 2971.03 of the
Revised Code;
(f) A criminal offender who is convicted of or pleads guilty
to murder and also is convicted of or pleads guilty to a sexual
motivation specification that was included in the indictment,
count in the indictment, or information charging that offense, and
who pursuant to division (B)(2)(3) of section 2929.02 of the
Revised Code is sentenced pursuant to section 2971.03 of the
Revised Code.
(2) When the department is requested by the parole board or
the court to provide a risk assessment report of the offender
under section 2971.04 or 2971.05 of the Revised Code, it shall
assess the offender and complete the assessment as soon as
possible after the offender has commenced serving the prison term
or term of life imprisonment without parole imposed under division
(A), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a),
(b), (c), or (d) of section 2971.03 of the Revised Code.
Thereafter, the department shall update a risk assessment report
pertaining to an offender as follows:
(a) Periodically, in the discretion of the department,
provided that each report shall be updated no later than two years
after its initial preparation or most recent update;
(b) Upon the request of the parole board for use in
determining pursuant to section 2971.04 of the Revised Code
whether it should terminate its control over an offender's service
of a prison term imposed upon the offender under division (A)(3),
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),
(c), or (d) of section 2971.03 of the Revised Code;
(c) Upon the request of the court.
(3) After the department of rehabilitation and correction
assesses an offender pursuant to division (A)(2) of this section,
it shall prepare a report that contains its risk assessment for
the offender or, if a risk assessment report previously has been
prepared, it shall update the risk assessment report.
(4) The department of rehabilitation and correction shall
provide each risk assessment report that it prepares or updates
pursuant to this section regarding an offender to all of the
following:
(a) The parole board for its use in determining pursuant to
section 2971.04 of the Revised Code whether it should terminate
its control over an offender's service of a prison term imposed
upon the offender under division (A)(3), (B)(1)(a), (b), or (c),
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section
2971.03 of the Revised Code, if the parole board has not
terminated its control over the offender;
(b) The court for use in determining, pursuant to section
2971.05 of the Revised Code, whether to modify the requirement
that the offender serve the entire prison term imposed upon the
offender under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a),
(b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of
the Revised Code in a state correctional institution, whether to
revise any modification previously made, or whether to terminate
the prison term;
(c) The prosecuting attorney who prosecuted the case, or the
successor in office to that prosecuting attorney;
(B) When the department of rehabilitation and correction
provides a risk assessment report regarding an offender to the
parole board or court pursuant to division (A)(4)(a) or (b) of
this section, the department, prior to the parole board's or
court's hearing, also shall provide to the offender or to the
offender's attorney of record a copy of the report and a copy of
any other relevant documents the department possesses regarding
the offender that the department does not consider to be
confidential.
(C) As used in this section:
(1) "Adjudicated a sexually violent predator" has the same
meaning as in section 2929.01 of the Revised Code, and a person is
"adjudicated a sexually violent predator" in the same manner and
the same circumstances as are described in that section.
(2) "Designated homicide, assault, or kidnapping offense" and
"violent sex offense" have the same meanings as in section 2971.01
of the Revised Code.
Section 2. That existing sections 2903.02, 2929.02, 2929.14,
2941.148, 2967.13, 2971.03, 2971.07, and 5120.61 of the Revised
Code are hereby repealed.
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