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S. B. No. 121 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsor:
Senator Patton
A BILL
To amend sections 2152.17, 2929.13, 2929.14,
2941.141, 2941.144, 2941.145, 2941.146, and
2941.1412 and to enact sections 2923.132 and
2941.1424 of the Revised Code to double the
mandatory prison term for an offender who is
convicted of a firearm specification and
previously has been convicted of a firearm
specification; to similarly double the period of
authorized or mandatory commitment to the
Department of Youth Services of a delinquent child
who is guilty of a firearm specification and
previously has been adjudicated a delinquent child
for committing an act that would constitute a
violation of a firearm specification if committed
by an adult; to prohibit violent career criminals
from knowingly acquiring, having, carrying, or
using any firearm or dangerous ordnance; and to
require a mandatory prison term for a violent
career criminal convicted of committing a violent
felony offense while armed with a firearm.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2152.17, 2929.13, 2929.14, 2941.141,
2941.144, 2941.145, 2941.146, and 2941.1412 be amended and
sections 2923.132 and 2941.1424 of the Revised Code be enacted to
read as follows:
Sec. 2152.17. (A) Subject to division (D) of this section,
if a child is adjudicated a delinquent child for committing an
act, other than a violation of section 2923.12 of the Revised
Code, that would be a felony if committed by an adult and if the
court determines that, if the child was an adult, the child would
be guilty of a specification of the type set forth in section
2941.141, 2941.144, 2941.145, 2941.146, 2941.1412, 2941.1414, or
2941.1415 of the Revised Code, in addition to any commitment or
other disposition the court imposes for the underlying delinquent
act, all of the following apply:
(1)(a) If the court determines that the child would be guilty
of a specification of the type set forth in division (A) of
section 2941.141 of the Revised Code, the court may commit the
child to the department of youth services for the specification
for a definite period of up to one year.
(b) If the court determines that the child would be guilty of
a specification of the type set forth in division (D) of section
2941.141 of the Revised Code, the court may commit the child to
the department of youth services for the specification for a
definite period of up to two years.
(2)(a) If the court determines that the child would be guilty
of a specification of the type set forth in division (A) of
section 2941.145 of the Revised Code or if the delinquent act is a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and the court determines that the child would be
guilty of a specification of the type set forth in section
2941.1415 of the Revised Code, the court shall commit the child to
the department of youth services for the specification for a
definite period of not less than one and not more than three
years, and the court also shall commit the child to the department
for the underlying delinquent act under sections 2152.11 to
2152.16 of the Revised Code.
(b) If the court determines that the child would be guilty of
a specification of the type set forth in division (D) of section
2941.145 of the Revised Code, the court shall commit the child to
the department of youth services for the specification for a
definite period of not less than two and not more than six years,
and the court also shall commit the child to the department for
the underlying delinquent acts under sections 2152.11 to 2152.16
of the Revised Code.
(3)(a) If the court determines that the child would be guilty
of a specification of the type set forth in division (A) of
section 2941.144,
division (A) of section 2941.146, or division
(A) of section 2941.1412 of the Revised Code or if the delinquent
act is a violation of division (A)(1) or (2) of section 2903.06 of
the Revised Code and the court determines that the child would be
guilty of a specification of the type set forth in section
2941.1414 of the Revised Code, the court shall commit the child to
the department of youth services for the specification for a
definite period of not less than one and not more than five years,
and the court also shall commit the child to the department for
the underlying delinquent act under sections 2152.11 to 2152.16 of
the Revised Code.
(b) If the court determines that the child would be guilty of
a specification of the type set forth in division (D) of section
2941.144, division (C) of section 2941.146, or division (B) of
section 2941.1412 of the Revised Code, the court shall commit the
child to the department of youth services for the specification
for a definite period of not less than two and not more than ten
years, and the court also shall commit the child to the department
for the underlying delinquent act under sections 2152.11 to
2152.16 of the Revised Code.
(B)(1) If a child is adjudicated a delinquent child for
committing an act, other than a violation of section 2923.12 of
the Revised Code, that would be a felony if committed by an adult,
if the court determines that the child is complicit in another
person's conduct that is of such a nature that the other person
would be guilty of a specification of the type set forth in
section 2941.141, 2941.144, 2941.145, or 2941.146 of the Revised
Code if the other person was an adult, if the other person's
conduct relates to the child's underlying delinquent act, and if
the child did not furnish, use, or dispose of any firearm that was
involved with the underlying delinquent act or with the other
person's specification-related conduct, in addition to any other
disposition the court imposes for the underlying delinquent act,
the court may commit the child to the department of youth services
for the specification for a definite period of not more than one
year, subject to division (D)(2) of this section.
(2) Except as provided in division (B)(1) of this section,
division (A) of this section also applies to a child who is an
accomplice regarding a firearm specification of the type set forth
in section 2941.1412, 2941.1414, or 2941.1415 of the Revised Code
to the same extent the firearm specifications would apply to an
adult accomplice in a criminal proceeding.
(C) If a child is adjudicated a delinquent child for
committing an act that would be aggravated murder, murder, or a
first, second, or third degree felony offense of violence if
committed by an adult and if the court determines that, if the
child was an adult, the child would be guilty of a specification
of the type set forth in section 2941.142 of the Revised Code in
relation to the act for which the child was adjudicated a
delinquent child, the court shall commit the child for the
specification to the legal custody of the department of youth
services for institutionalization in a secure facility for a
definite period of not less than one and not more than three
years, subject to division (D)(2) of this section, and the court
also shall commit the child to the department for the underlying
delinquent act.
(D)(1) If the child is adjudicated a delinquent child for
committing an act that would be an offense of violence that is a
felony if committed by an adult and is committed to the legal
custody of the department of youth services pursuant to division
(A)(1) of section 2152.16 of the Revised Code and if the court
determines that the child, if the child was an adult, would be
guilty of a specification of the type set forth in section
2941.1411 of the Revised Code in relation to the act for which the
child was adjudicated a delinquent child, the court may commit the
child to the custody of the department of youth services for
institutionalization in a secure facility for up to two years,
subject to division (D)(2) of this section.
(2) A court that imposes a period of commitment under
division (A) of this section is not precluded from imposing an
additional period of commitment under division (C) or (D)(1) of
this section, a court that imposes a period of commitment under
division (C) of this section is not precluded from imposing an
additional period of commitment under division (A) or (D)(1) of
this section, and a court that imposes a period of commitment
under division (D)(1) of this section is not precluded from
imposing an additional period of commitment under division (A) or
(C) of this section.
(E) The court shall not commit a child to the legal custody
of the department of youth services for a specification pursuant
to this section for a period that exceeds five ten years for any
one delinquent act. Any commitment imposed pursuant to division
(A), (B), (C), or (D)(1) of this section shall be in addition to,
and shall be served consecutively with and prior to, a period of
commitment ordered under this chapter for the underlying
delinquent act, and each commitment imposed pursuant to division
(A), (B), (C), or (D)(1) of this section shall be in addition to,
and shall be served consecutively with, any other period of
commitment imposed under those divisions. If a commitment is
imposed under division (A) or (B) of this section and a commitment
also is imposed under division (C) of this section, the period
imposed under division (A) or (B) of this section shall be served
prior to the period imposed under division (C) of this section.
In each case in which a court makes a disposition under this
section, the court retains control over the commitment for the
entire period of the commitment.
The total of all the periods of commitment imposed for any
specification under this section and for the underlying offense
shall not exceed the child's attainment of twenty-one years of
age.
(F) If a child is adjudicated a delinquent child for
committing two or more acts that would be felonies if committed by
an adult and if the court entering the delinquent child
adjudication orders the commitment of the child for two or more of
those acts to the legal custody of the department of youth
services for institutionalization in a secure facility pursuant to
section 2152.13 or 2152.16 of the Revised Code, the court may
order that all of the periods of commitment imposed under those
sections for those acts be served consecutively in the legal
custody of the department of youth services, provided that those
periods of commitment shall be in addition to and commence
immediately following the expiration of a period of commitment
that the court imposes pursuant to division (A), (B), (C), or
(D)(1) of this section. A court shall not commit a delinquent
child to the legal custody of the department of youth services
under this division for a period that exceeds the child's
attainment of twenty-one years of age.
Sec. 2923.132. (A) As used in this section:
(1) "Violent career criminal" means a person who within the
preceding fifteen years has been convicted of or pleaded guilty to
two or more violent felony offenses or has been adjudicated a
delinquent child for committing an act that would constitute a
violent felony offense if committed by an adult and also has been
convicted of or pleaded guilty to a violent felony offense.
(2) "Violent felony offense" means any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2905.01, 2905.02, 2905.11, 2909.02,
2909.23, 2911.01, 2911.02, 2911.11, or 2911.12 of the Revised
Code;
(b) A felony violation of any section in Chapter 2907. of the
Revised Code;
(c) A felony violation of section 2909.24 of the Revised Code
or a violation of section 2919.25 of the Revised Code that is a
felony of the third degree;
(d) A violation of section 2923.02 of the Revised Code or an
attempt to commit any of the offenses listed or described in
division (A)(2) of this section;
(e) A violation of any existing or former ordinance or law of
this state, another state, or the United States that is or was
substantially equivalent to any offense listed or described in
division (A)(2) of this section;
(f) A delinquent child adjudication for the commission of an
act that if the act had been committed by an adult would have been
an offense listed or described in divisions (A)(2)(a) to (e) of
this section.
(3) "Dangerous ordnance" and "firearm" have the same meanings
as in section 2923.11 of the Revised Code.
(B) No violent career criminal shall knowingly acquire, have,
carry, or use any firearm or dangerous ordnance.
(C) Whoever violates this section is guilty of unlawful
possession or use of a weapon by a violent career criminal, a
felony of the first degree, and the court shall impose upon the
offender a mandatory prison term of eleven years.
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, or 2923.12 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)(a) Any violent felony offense if the offender is a
violent career criminal and had a firearm on or about the
offender's person or under the offender's control during the
commission of the violent felony offense, with respect to the
portion of the sentence imposed under division (K) of section
2929.14 of the Revised Code.
(b) As used in division (F)(19)(a) of this section, "violent
career criminal" and "violent felony offense" have the same
meanings as in section 2923.132 of the Revised Code.
(G) Notwithstanding divisions (A) to (E) of this section, if
an offender is being sentenced for a fourth degree felony OVI
offense or for a third degree felony OVI offense, the court shall
impose upon the offender a mandatory term of local incarceration
or a mandatory prison term in accordance with the following:
(1) If the offender is being sentenced for a fourth degree
felony OVI offense and if the offender has not been convicted of
and has not pleaded guilty to a specification of the type
described in section 2941.1413 of the Revised Code, the court may
impose upon the offender a mandatory term of local incarceration
of sixty days or one hundred twenty days as specified in division
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall
not reduce the term pursuant to section 2929.20, 2967.193, or any
other provision of the Revised Code. The court that imposes a
mandatory term of local incarceration under this division shall
specify whether the term is to be served in a jail, a
community-based correctional facility, a halfway house, or an
alternative residential facility, and the offender shall serve the
term in the type of facility specified by the court. A mandatory
term of local incarceration imposed under division (G)(1) of this
section is not subject to any other Revised Code provision that
pertains to a prison term except as provided in division (A)(1) of
this section.
(2) If the offender is being sentenced for a third degree
felony OVI offense, or if the offender is being sentenced for a
fourth degree felony OVI offense and the court does not impose a
mandatory term of local incarceration under division (G)(1) of
this section, the court shall impose upon the offender a mandatory
prison term of one, two, three, four, or five years if the
offender also is convicted of or also pleads guilty to a
specification of the type described in section 2941.1413 of the
Revised Code or shall impose upon the offender a mandatory prison
term of sixty days or one hundred twenty days as specified in
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code
if the offender has not been convicted of and has not pleaded
guilty to a specification of that type. 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)(7)(b) or (C)(8)(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), (E), (G),
(H), or (J), or (K) 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 division (A) of 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 offense;
(ii) A prison term of three years if the specification is of
the type described in division (A) of 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 division (A) of 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 offense;
(iv) A prison term of twelve years if the specification is of
the type described in division (D) of 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 offense and specifies that
the offender previously has been convicted of or pleaded guilty to
a specification of the type described in section 2941.141,
2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code;
(v) A prison term of six years if the specification is of the
type described in division (D) of 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 the firearm to facilitate the offense and that the offender
previously has been convicted of or pleaded guilty to a
specification of the type described in section 2941.141, 2941.144,
2941.145, 2941.146, or 2941.1412 of the Revised Code;
(vi) A prison term of two years if the specification is of
the type described in division (D) of 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 offense and that the offender previously has been
convicted of or pleaded guilty to a specification of the type
described in section 2941.141, 2941.144, 2941.145, 2941.146, or
2941.1412 of the Revised Code.
(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)(i) 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 division (A) of 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
(ii) 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 division (C) of 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 and that the offender previously has been
convicted of or pleaded guilty to a specification of the type
described in section 2941.141, 2941.144, 2941.145, 2941.146, or
2941.1412 of the Revised Code, 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 (3) of this section, shall impose an additional prison
term of ten years upon the offender that shall not be reduced
pursuant to section 2929.20, 2967.19, 2967.193, or any other
provision of Chapter 2967. or Chapter 5120. of the Revised Code.
(iii) 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)(i) 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 division (A) of 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
(ii) 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 division (B) of 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, and that the offender
previously has been convicted of or pleaded guilty to a
specification of the type described in section 2941.141, 2941.144,
2941.145, 2941.146, or 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 (3) of this section, shall
impose an additional prison term of fourteen years upon the
offender that shall not be reduced pursuant to section 2929.20,
2967.19, 2967.193, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code.
(iii) 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.
(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) 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.
(K)(1) The court shall impose an additional mandatory prison
term of eleven years on an offender who is convicted of or pleads
guilty to a violent felony offense if the offender 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 offender is a violent career criminal and had a firearm
on or about the offender's person or under the offender's control
while committing the presently charged violent felony offense. The
offender shall serve the prison term imposed under this division
consecutively to and prior to the prison term imposed for the
underlying offense. The prison term shall not be reduced pursuant
to section 2929.20 or 2967.19 or any other provision of Chapter
2967. or 5120. of the Revised Code. A court may not impose more
than one sentence under division (B)(2)(a) of this section and
this division for acts committed as part of the same act or
transaction.
(2) As used in division (K)(1) of this section, "violent
career criminal" and "violent felony offense" have the same
meanings as in section 2923.132 of the Revised Code.
Sec. 2941.141. (A) Imposition of a one-year mandatory prison
term upon an offender under division (B)(1)(a)(iii) of section
2929.14 of the Revised Code is precluded unless the indictment,
count in the indictment, or information charging the offense
specifies that the offender had a firearm on or about the
offender's person or under the offender's control while committing
the offense. The specification shall be stated at the end of the
body of the indictment, count, or information, and shall be 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 offender had a firearm on or about the offender's person
or under the offender's control while committing the offense.)"
(B) Imposition of a one-year mandatory prison term upon an
offender under division (B)(1)(a)(iii) of section 2929.14 of the
Revised Code is precluded if a court imposes a two-year,
three-year or, six-year, or twelve-year mandatory prison term on
the offender under that division (B)(1)(a)(i), (ii), (iv), (v), or
(vi) of that section relative to the same felony.
(C) The specification described in division (A) of this
section may be used in a delinquent child proceeding in the manner
and for the purpose described in section 2152.17 of the Revised
Code.
(D) Imposition of a two-year mandatory prison term upon an
offender under division (B)(1)(a)(vi) of section 2929.14 of the
Revised Code is precluded unless the indictment, count in the
indictment, or information charging the offense specifies that the
offender had a firearm on or about the offender's person or under
the offender's control while committing the offense and that the
offender previously has been convicted of or pleaded guilty to a
firearm specification of the type described in section 2941.141,
2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code.
The specification shall be stated at the end of the body of the
indictment, count, or information, and shall be 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 offender had a firearm on or about the offender's person
or under the offender's control while committing the offense and
that the offender previously has been convicted of or pleaded
guilty to a firearm specification of the type described in section
2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the
Revised Code.)"
(E) Imposition of a two-year mandatory prison term upon an
offender under division (B)(1)(a)(vi) of section 2929.14 of the
Revised Code is precluded if the court imposes a one-year,
three-year, six-year, or twelve-year mandatory prison term on the
offender under division (B)(1)(a)(i), (ii), (iii), (iv), or (v) of
that section relative to the same felony.
(F) The specification described in division (D) of this
section may be used in a delinquent child proceeding in the manner
and for the purpose described in section 2152.17 of the Revised
Code.
(G) As used in this section, "firearm" has the same meaning
as in section 2923.11 of the Revised Code.
Sec. 2941.144. (A) Imposition of a six-year mandatory prison
term upon an offender under division (B)(1)(a)(i) of section
2929.14 of the Revised Code is precluded unless the indictment,
count in the indictment, or information charging the offense
specifies that the offender had 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 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 offender had 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 offense)."
(B) Imposition of a six-year mandatory prison term upon an
offender under division (B)(1)(a)(i) of section 2929.14 of the
Revised Code is precluded if a court imposes a three-year or
one-year, two-year, three-year, six-year, or twelve-year mandatory
prison term on the offender under that division (B)(1)(a)(ii),
(iii), (iv), (v), or (vi) of that section relative to the same
felony.
(C) The specification described in division (A) of this
section may be used in a delinquent child proceeding in the manner
and for the purpose described in section 2152.17 of the Revised
Code.
(D) Imposition of a twelve-year mandatory prison term upon an
offender under division (B)(1)(a)(iv) of section 2929.14 of the
Revised Code is precluded unless the indictment, count in the
indictment, or information charging the offense specifies that the
offender had 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 offense and that the offender previously has been convicted of
or pleaded guilty to a firearm specification of the type described
in section 2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of
the Revised Code. The specification shall be stated at the end of
the body of the indictment, count, or information, and shall be 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 offender had 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 offense and that the offender previously has been
convicted of or pleaded guilty to a firearm specification of the
type described in section 2941.141, 2941.144, 2941.145, 2941.146,
or 2941.1412 of the Revised Code.)"
(E) Imposition of a twelve-year mandatory prison term upon an
offender under division (B)(1)(a)(iv) of section 2929.14 of the
Revised Code is precluded if the court imposes a one-year,
two-year, three-year, or six-year mandatory prison term on the
offender under division (B)(1)(a)(i), (ii), (iii), (v), or (vi) of
that section relative to the same felony.
(F) The specification described in division (D) of this
section may be used in a delinquent child proceeding in the manner
and for the purpose described in section 2152.17 of the Revised
Code.
(G) As used in this section, "firearm" and "automatic
firearm" have the same meanings as in section 2923.11 of the
Revised Code.
Sec. 2941.145. (A) Imposition of a three-year mandatory
prison term upon an offender under division (B)(1)(a)(ii) of
section 2929.14 of the Revised Code is precluded unless the
indictment, count in the indictment, or information charging the
offense specifies that the offender had a firearm on or about the
offender's person or under the offender's control while committing
the offense and displayed the firearm, brandished the firearm,
indicated that the offender possessed the firearm, or used it to
facilitate 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 offender had a firearm on or about the offender's person
or under the offender's control while committing the offense and
displayed the firearm, brandished the firearm, indicated that the
offender possessed the firearm, or used it to facilitate the
offense)."
(B) Imposition of a three-year mandatory prison term upon an
offender under division (B)(1)(a)(ii) of section 2929.14 of the
Revised Code is precluded if a court imposes a one-year or,
two-year, six-year, or twelve-year mandatory prison term on the
offender under that division (B)(1)(a)(i), (iii), (iv), (v), or
(vi) of that section relative to the same felony.
(C) The specification described in division (A) of this
section may be used in a delinquent child proceeding in the manner
and for the purpose described in section 2152.17 of the Revised
Code.
(D) Imposition of a six-year mandatory prison term upon an
offender under division (B)(1)(a)(v) of section 2929.14 of the
Revised Code is precluded unless the indictment, count in the
indictment, or information charging the offense specifies that the
offender had a firearm on or about the offender's person or under
the offender's control while committing the offense and displayed
the firearm, brandished the firearm, indicated that the offender
possessed a firearm, or used the firearm to facilitate the offense
and that the offender previously has been convicted of or pleaded
guilty to a firearm specification of the type described in section
2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the
Revised Code. The specification shall be stated at the end of the
body of the indictment, count, or information, and shall be 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 offender had a firearm on or about the offender's person
or under the offender's control while committing the offense and
displayed the firearm, brandished the firearm, indicated that the
offender possessed a firearm, or used the firearm to facilitate
the offense and that the offender previously has been convicted of
or pleaded guilty to a firearm specification of the type described
in section 2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of
the Revised Code.)"
(E) Imposition of a six-year mandatory prison term upon an
offender under division (B)(1)(a)(v) of section 2929.14 of the
Revised Code is precluded if the court imposes a one-year,
two-year, three-year, or twelve-year mandatory prison term on the
offender under division (B)(1)(a)(i), (ii), (iii), (iv), or (vi)
of that section relative to the same felony.
(F) The specification described in division (D) of this
section may be used in a delinquent child proceeding in the manner
and for the purpose described in section 2152.17 of the Revised
Code.
(G) As used in this section, "firearm" has the same meaning
as in section 2923.11 of the Revised Code.
Sec. 2941.146. (A) Imposition of a mandatory five-year
prison term upon an offender under division (B)(1)(c) of section
2929.14 of the Revised Code for committing a violation of section
2923.161 of the Revised Code or for committing a felony that
includes, as an essential element, purposely or knowingly causing
or attempting to cause the death of or physical harm to another
and that was committed by discharging a firearm from a motor
vehicle other than a manufactured home is precluded unless the
indictment, count in the indictment, or information charging the
offender specifies that the offender committed the offense by
discharging a firearm from a motor vehicle other than a
manufactured home. 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 prosecuting attorney's
name when appropriate) further find and specify that (set forth
that the offender committed the violation of section 2923.161 of
the Revised Code or the felony that includes, as an essential
element, purposely or knowingly causing or attempting to cause the
death of or physical harm to another and that was committed by
discharging a firearm from a motor vehicle other than a
manufactured home)."
(B) The specification described in division (A) of this
section may be used in a delinquent child proceeding in the manner
and for the purpose described in section 2152.17 of the Revised
Code.
(C) Imposition of a ten-year mandatory prison term under
(B)(1)(c) of section 2929.14 of the Revised Code for committing a
violation of section 2923.161 of the Revised Code or for
committing a felony that includes, as an essential element,
purposely or knowingly causing or attempting to cause the death of
or physical harm to another and that was committed by discharging
a firearm from a motor vehicle other than a manufactured home is
precluded unless the indictment, count in the indictment, or
information charging the offender specifies that the offender
committed the offense by discharging a firearm from a motor
vehicle other than a manufactured home and that the offender
previously has been convicted of or pleaded guilty to a firearm
specification of the type described in section 2941.141, 2941.144,
2941.145, 2941.146, or 2941.1412 of the Revised Code. 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 prosecuting attorney's
name where appropriate) further find and specify that (set forth
that the offender committed the violation of section 2923.161 of
the Revised Code or the felony that includes, as an essential
element, purposely or knowingly causing or attempting to cause the
death of or physical harm to another and that was committed by
discharging a firearm from a motor vehicle other than a
manufactured home and that the offender previously has been
convicted of or pleaded guilty to a firearm specification of the
type described in section 2941.141, 2941.144, 2941.145, 2941.146,
or 2941.1412 of the Revised Code)."
(D) The specification described in division (C) of this
section may be used in a delinquent child proceeding in the manner
and for the purpose described in section 2152.17 of the Revised
Code.
(E) As used in this section:
(1) "Firearm" has the same meaning as in section 2923.11 of
the Revised Code;
(2) "Motor vehicle" and "manufactured home" have the same
meanings as in section 4501.01 of the Revised Code.
Sec. 2941.1412. (A) Imposition of a seven-year mandatory
prison term upon an offender under division (B)(1)(f) of section
2929.14 of the Revised Code is precluded unless the indictment,
count in the indictment, or information charging the offense
specifies that the offender discharged a firearm at a peace
officer or a corrections officer while committing the offense. The
specification shall be stated at the end of the body of the
indictment, count, or information and shall be 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 offender discharged a firearm at a peace
officer or a corrections officer while committing the offense)."
(B) Imposition of a fourteen-year mandatory prison term upon
an offender under division (B)(1)(f) of section 2929.14 of the
Revised Code is precluded unless the indictment, count in the
indictment, or information charging the offense specifies that the
offender discharged a firearm at a peace officer or a corrections
officer while committing the offense and that the offender
previously has been convicted of or pleaded guilty to a firearm
specification of the type described in section 2941.141, 2941.144,
2941.145, 2941.146, or 2941.1412 of the Revised Code. The
specification shall be stated at the end of the body of the
indictment, count, or information and shall be substantially in
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 offender discharged a firearm at a peace
officer or corrections officer while committing the offense and
that the offender previously has been convicted of or pleaded
guilty to a firearm specification of the type described in section
2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the
Revised Code)."
(C) As used in this section:
(1) "Firearm" has the same meaning as in section 2923.11 of
the Revised Code.
(2) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(3) "Corrections officer" means a person employed by a
detention facility as a corrections officer.
(4) "Detention facility" has the same meaning as in section
2921.01 of the Revised Code.
Sec. 2941.1424. (A) The imposition of an eleven-year
mandatory prison term upon an offender under division (K) of
section 2929.14 of the Revised Code is precluded unless the
offender is convicted of or pleads guilty to committing a violent
felony offense and unless the indictment, count in the indictment,
or information charging the offense specifies that the offender is
a violent career criminal and had a firearm on or about the
offender's person or under the offender's control while committing
the presently charged violent felony offense. The specification
shall be stated at the end of the body of the indictment, court,
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 offender is a violent career criminal and did
have a firearm on or about the offender's person or under the
offender's control while committing the presently charged violent
felony offense.)"
(B) A court may not impose more than one sentence under
division (C) of section 2923.132 of the Revised Code and division
(K) of section 2929.14 of the Revised Code for acts committed as
part of the same act or transaction.
(C) As used in this section:
(1) "Firearm" has the same meaning as in section 2923.11 of
the Revised Code.
(2) "Violent career criminal" and "violent felony offense"
have the same meanings as in section 2923.132 of the Revised Code.
Section 2. That existing sections 2152.17, 2929.13, 2929.14,
2941.141, 2941.144, 2941.145, 2941.146, and 2941.1412 of the
Revised Code are hereby repealed.
Section 3. Section 2929.13 of the Revised Code is presented
in this act as a composite of the section as amended by Am. Sub.
H.B. 62, Am. Sub. H.B. 262, and Am. Sub. S.B. 160 of the 129th
General Assembly. The General Assembly, applying the principle
stated in division (B) of section 1.52 of the Revised Code that
amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
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